ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & Procedureschild support

Since we need to include his two children, will they be considered partially or fully dependents? And why?


Fully dependent. The question is only relevant for people who might be dependent on the petitioner, but for whom the petitioner has no legal obligation to support. He has a full legal obligation to support his children until they are adults, regardless of whether he actually contributes a nickel to their support.

As of affidavit of support, what will he declare his gross or net income?


Gross income. It's listed as "total income" on a 1040 or 1040A, and "Adjusted Gross Income" on a 1040EZ.

Can he include his tips from his work as income? If yes, how does his employment letter be like since they only put the annual/hourly income?


He can include tips if he declares them on his tax return. Most employers would be reluctant to state an employee's tips on an employment letter. That's not really important. An employment letter is only anecdotal proof of income. They CO will rely on the tax return.

Which is better to used his savings or checking account to cover his short of income requirement of 4?


If he actually has that much money in the bank then it would probably be better if it was in a savings account. He'll need a year's worth of bank statements to prove that he's had the money for more than a few months. A common tactic to try to get around the affidavit of support is to borrow money from a friend or family member and park it temporarily in a bank account to use as declared assets, with the intention that the money will be returned as soon as the affidavit of support has been accepted. The consulates are well aware of this trick. They'll want proof the money is really his.
JimVaPhuongMaleVietnam2013-01-02 09:45:00
K-1 Fiance(e) Visa Process & ProceduresHow to organize the "evidence" for the K-1 package.
QUOTE (Steve S @ Jun 16 2009, 03:26 PM) <{POST_SNAPBACK}>
QUOTE

Should we use a stapler or paper clips? I don't want anything to get lost or seperated.

I just followed what they had only in addition to what they showed, I saw at the USCIS site to use ACCO fasteners to bind everything together, the two hole ones at the top. Then at the bottom use tabs to divide things so it is well organized and easy to find with your table of contents. They say the bottom because using the sides the tabs can get in the way when it goes into a folder. Here is the link: http://www.uscis.gov...00045f3d6a1RCRD
Hope this helps.


Oh, ####### - I used a combination of paper clips and staples. No holes punched. No Acco fasteners. Hope this doesn't meet we have to start over!


Don't worry. The information at the USCIS site for assembling the package are suggestions to help USCIS. They aren't requirements. They're going to remove your staples and paper clips, punch holes in your papers, and assemble the package into their own filing format anyway.
JimVaPhuongMaleVietnam2009-06-16 18:57:00
K-1 Fiance(e) Visa Process & ProceduresHow to organize the "evidence" for the K-1 package.
USCIS offers some good general information on assembling your package.

http://www.uscis.gov...00045f3d6a1RCRD

The actual way you organize and assemble your package is NOT critical. They are going to take your package apart and assemble it into their own filing system anyway. The recommendations on the USCIS site help THEM when reassembling your package. Not following every suggestion on the USCIS site is not going to result in your petition being denied, but anything you do to help them increases the chances of the adjudicator being in a good mood when he starts evaluating your petition.

I used the two-hole ACCO fasteners as they suggested, and mounted the whole mess on an 8.5"x11" piece of cardboard in order to help protect the documents in shipping. I also printed a divider sheet for each attachment section, and put label tabs at the bottom of the divider sheets, as suggested on the USCIS site. On the very top was my cover letter, which included a table of contents for the rest of the package.
JimVaPhuongMaleVietnam2009-06-16 07:51:00
K-1 Fiance(e) Visa Process & ProceduresHow can a K-1 misrepresentation denial be overturned?

I see your point. India is a tough country to handle records because it is very common to find someone who will "get you what you need" if you offer the right price.


Even if their petition was reaffirmed, I still think they have an uphill battle to face (age difference, religious difference) and therefore would be safer to withdraw the K-1 petition, get married, and start over with a CR-1 petition.


Agreed. I'm not suggesting they should continue with the K1, even if it's reaffirmed. However, getting married and filing a CR1 petition doesn't automatically stop them from readjudicating the returned K1 petition. They could still get a NOIR. If they do then they need to respond to it, even if they've already filed a CR1 petition. Not responding to a NOIR would result in the K1 petition approval being revoked, which could result in a finding of fraud against the beneficiary. They would be denied the visa at the CR1 interview, and told to submit an I-601 waiver request.
JimVaPhuongMaleVietnam2012-02-28 11:58:00
K-1 Fiance(e) Visa Process & ProceduresHow can a K-1 misrepresentation denial be overturned?

Thank you Jim.
Their service center is VSC. Assuming VSC follows suite and does not let it expire, wouldn't a marriage certificate be enough evidence to respond to a NOIR/NOID? The date on the marriage certificate would show a date after the consulate falsely accused them of being married therefore proving that they were wrong in their decision. Is that right or would still not be enough to overturn a NOIR?


A marriage certificate is evidence, but I wouldn't go so far as to say it's conclusive proof. It varies in inverse proportion with the degree to which it's possible to remarry or to get a marriage certificate altered by greasing the right palms. I don't know the marriage laws in India, nor how thorough their records are, but I do know that there's a different set of marriage laws depending on which religious group you belong to. Would it be possible for someone to marry in India even if they were already married and had never divorced? Would the government find out about the first marriage? How hard would it be to bribe someone into creating a marriage certificate with a different date on it?

I know that in the US the state relies entirely on the applicants to be honest when they apply for a marriage license. It would be very easy to marry in one state, and then marry again in another state. It wouldn't be legal, but it's certainly possible.

The real problem is how do you prove something didn't happen? Even if you got a letter from every local government office that registers civil weddings stating that they had no record of a marriage between the petitioner and beneficiary, that wouldn't prove they didn't have a religious ceremony somewhere. I think about the best they could do is get sworn statements from as many members of both families as possible stating that they are not aware of any marriage between them at the time of the visa interview. Certainly not the most compelling evidence, but as I said, it's very difficult to prove something didn't happen.

To be honest, I think USCIS knows the dilemma here. An adjudicator who sent a NOIR for this returned petition would have to be asking themselves what sort of evidence would convince them that the beneficiary and petitioner were, in fact, not married at the time of the interview. Put yourself in the adjudicator's shoes. What would convince YOU?

I somewhat doubt there'll be a NOIR in this case unless the consular officer presents some compelling evidence that the couple were actually married. In that case, they should focus on countering the specific evidence from the consular officer. If the only evidence the CO has is screen shots of an online photo album then that should be reasonably easy to address. A detailed letter from the petitioner explaining what event is depicted in the photos, why they chose to label it "wedding album", and affidavits from anyone and everyone who know about the photo album and their understanding of what was depicted in the photos and that the couple were not actually married.
JimVaPhuongMaleVietnam2012-02-27 20:34:00
K-1 Fiance(e) Visa Process & ProceduresHow can a K-1 misrepresentation denial be overturned?

Thank you for the straight answer. I understand the extent of a Senator's abilities better now.
They did make a fatal mistake and they are unfortunately paying a high price for that now.
Regardless, the conclusion the CO came to was false. They are not married.
What is the best route now? Wait in limbo for a possible NOIR to come or withdraw the petition, get married, and refile via CR-1?


Depends on the service center that receives the returned petition. CSC tends to just allow the petition to expire rather than readjudicating it, though they sometimes send a NOID for a subsequently filed petition citing the CO's reasons for returning the first petition. There's a pinned thread about this tactic. VSC is more likely to readjudicate the returned petition. They'd accept a request to withdraw the petition, but they wouldn't take any action on it until they've made a decision regarding the CO's accusations. If they decide to reaffirm then they'll withdraw the petition as requested. If they decide to revoke then they'll still send a NOIR.

If they don't want to wait for a decision on the returned K1 petition then they can get married and send a CR1 petition. They may still get a NOIR on the returned K1 petition, which the petitioner must respond to even if they've already sent a CR1 petition. If the approval of the K1 petition ends up being revoked then there could be a finding of fraud against the beneficiary. If they can avoid having the K1 petition approval revoked then a CR1 petition should fix the problem with the consulate.
JimVaPhuongMaleVietnam2012-02-27 11:03:00
K-1 Fiance(e) Visa Process & ProceduresHow can a K-1 misrepresentation denial be overturned?
The denial cannot be overturned. A consular officer's decision is not subject to review - not even by a judge or the President. A senator can do nothing about this.

However, a 221g slip only means that the visa was denied. The reason for the denial could (and often is) the consular officer's discretionary decision. Consular officers do not generally issue bans for material misrepresentation. In fact, I'm not even sure they have that authority. They send the petition back to USCIS with a recommendation that the approval of the petition be revoked. That recommendation often comes with a P6C marker accusing the beneficiary of material misrepresentation. That marker usually doesn't become a finding of fact unless USCIS sends a NOID to the petitioner, and the petitioner either doesn't respond or their response is deemed inadequate by USCIS, and the approval of the petition is revoked.

Even if all of the above happens, the material misrepresentation can usually be overcome with an I-601 waiver from the petitioner. From INA 212(i):

The Attorney General may, in the discretion of the Attorney General, waive the application of clause (i) of subsection (a)(6)(C) in the case of an immigrant who is the spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an alien or, in the case of a VAWA self-petitioner, the alien demonstrates extreme hardship to the alien or the alien's United States citizen, lawful permanent resident, or qualified alien parent or child.


Has the petitioner in this case received any correspondence from USCIS since the visa was denied?
JimVaPhuongMaleVietnam2012-01-09 22:00:00
K-1 Fiance(e) Visa Process & ProceduresReligious Differences between Fiancees

yeah. Baptist and catholic doesn't have that much difference compared to Buddism, Hinduism, Zoroastrianism, Islam, Juadaism, Shintoism etc.


The biggest issues from these arise when neither spouse is willing to convert, and one spouse doesn't want the other spouse's religion practiced in the home. For example, Buddhism is largely an individual belief system that doesn't compel it's believers to convert other people. Buddhists can usually get along fine in a relationship with a non-Buddhist. The conflicts arise when the non-Buddhist spouse refuses to allow the Buddhist spouse to have their idols in the home or to pray there. I've seen relationships between American Christians and Vietnamese Buddhists fall apart over these conflicts. My wife is Buddhist but I'm agnostic. This works out well for us because I have no problems with my wife setting up her altar in our home and praying every day, but she doesn't expect or require me to believe in any of it. I'll participate in some of the rituals for a group event like a funeral, but everyone knows I'm doing it out of respect and not because I believe in any of it. So far, everyone has been fine with that. I've even had people thank me for it, saying that they know I'm not a Buddhist, but they appreciate the respect. I guess it would be different if I was a devout Christian.

You are correct in that we Latter Day Saints (Mormons) believe in three beings, God the Father, His Son Jesus Christ, and the Holy Spirit. But we also believe together they form the Godhead, one depends directly on the other. God the Father is the literal Father of our spirits. Christ lived and died for us all atoning for our sins to allow us to be resurrected, and giving us a chance to return to the presence of our Heavenly Father. The Holy Spirit is the means at which we communicate with our Heavenly Father, He also comforts us and helps us choose the right. They are distinct personages and all one at the same time, this is a little confusing without faith. We must rely on and have faith in Christ and be receptive to the Holy Spirit to be true followers of Jesus Christ.


There is a difference between the LDS concept of the "Godhead" and the traditional Christian concept of the "Trinity". The concept of the "Godhead" is more a counsel of separate beings. The concept of the "Trinity" is that they are aspects of the same being. One of your church elders would be able to explain the differences better than I could. I'm no expert on the LDS church, and I've never managed to get all the way through the Book of Mormon, but everything I've read about the LDS church has always emphasized that they don't share mainstream Christian belief in the "Trinity", and are not considered trinitarian.
JimVaPhuongMaleVietnam2011-10-19 11:07:00
K-1 Fiance(e) Visa Process & ProceduresReligious Differences between Fiancees

Latter Day Saints (Mormons) also believe in the Father, the Son and the Holy Spirit are all part of the Godhead......:)


Mormons believe the "Godhead" to be a social unit consisting of three beings - God, Jesus, and the Holy Spirit, with God being the superior of the three. Trinitarians believe that all three are separate persons but part of a single God, all co-equal, as in "God the Father", "God the Son", "God the Holy Spirit".
JimVaPhuongMaleVietnam2011-10-16 02:01:00
K-1 Fiance(e) Visa Process & ProceduresReligious Differences between Fiancees

My friend's husband is Pentecostal and my friend is a Baptist, she is happily married now in Seattle. Catholic and Baptist are both christian just different ways but both non-trinitarian.


Correction. Both Catholics and Baptists are trinitarian, though one sect of Pentcostals is not (the Oneness Pentecostals). Non-triniatarian's include Mormons, Jehovah's Witnesses, Christian Scientists, and Unitarians.

Anyway, I've never heard of this being an issue at the consulate in Manila. I would assume that the majority of beneficiary's there are Catholic and a substantial percentage of the petitioners are not.
JimVaPhuongMaleVietnam2011-10-15 11:51:00
K-1 Fiance(e) Visa Process & ProceduresChinese Characters Required on DS-156 But Don't Work

The form we're using is https://evisaforms.state.gov/ds156.asp
Flexibility sounds like the right approach. Thanks.


Don't use that form. Guangzhou still provides the form in PDF format here:

http://photos.state....4/DS156 Eng.pdf

The eVisa form is designed to be filled out entirely online, and entirely with English/Latin characters. You can't fill it out partly online and partly "by hand" because the barcode it generates won't match the contents of the form. If Guangzhou wants the form filled out in English and Chinese, then use the PDF version of the form that they provide.
JimVaPhuongMaleVietnam2010-04-06 14:12:00
K-1 Fiance(e) Visa Process & ProceduresExtract or Inextense Birth Certificate
Why are you sending a copy of your fiance's birth certificate with the petition? A birth certificate is only required if it's being used by the US citizen to prove their citizenship, in which case they would have been born in the US and the birth certificate would already be in English. The foreign fiance's birth certificate isn't needed until the interview. If you sent it with the petition then USCIS is only going to ignore it because it wasn't needed.
JimVaPhuongMaleVietnam2011-02-16 23:15:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support: Joint Sponsor on K-1 Visa?

Nearly all consulates will allow a financial cosponsor for either fiance or spousal visa processing. A notable exception is the U.S. consulate in Manila who will not currently allow a financial cosponsor for fiance visa processing. In Manila, you must qualify on your own or your fiance will be denied the fiance visa. A financial cosponsor is allowed for all marriage visa processing by rule as well as for stateside adjustment of status to become a permanent resident green card holder.


It's not impossible to use a joint sponsor at any consulate, including Manila. It's just that some are known to be more difficult (sometimes much more difficult) than others.

There are a few others besides Manila that are known to be reluctant to accept joint sponsors, including Bangkok (Thailand), Ho Chi Minh City (Vietnam), Guangzhou (China), Casablanca (Morocco), and Lagos (Nigeria). These are also known to be difficult consulates, in general, to get a fiancee or spousal visa. This doesn't mean that every joint sponsor will be denied at these consulates - all of them have been known to make exceptions. This also doesn't mean that your joint sponsor will definitely be accepted if your fiancee isn't interviewing at one of the above consulates. Every case is unique, and anytime the consular officer has discretion (the I-134 is one of those times) then you can expect them to use that discretion.
JimVaPhuongMaleVietnam2012-11-18 21:08:00
K-1 Fiance(e) Visa Process & ProceduresI-134 Affidavit of Support- Obligations of Co Signer??

Can the I-864 be ammended?

Say my father signs it at the time it's needed, and the a few months down the road I am able to sign it and take over full responisibility?


The I-864 can't be amended or rescinded. However, someone who submits an I-134, which isn't legally binding, is not required to also submit an I-864 when it comes time to adjust status and get a green card. Your dad could sign an I-134 to help your fiance get a visa. Once he comes to the US and marries you, if you qualify on your own by that time to submit an I-864 as the sole sponsor then you won't need your dad to sign an I-864, and he won't be on the hook for anything.

Also, AZ is correct. Before tax earnings are what counts. An a 1040 or 1040A form it would be the line that says "total income". On a 1040EZ it would be the line that says "adjusted gross income". This is spelled out in the I-864 instructions.
JimVaPhuongMaleVietnam2011-10-31 13:11:00
K-1 Fiance(e) Visa Process & ProceduresI-134 Affidavit of Support- Obligations of Co Signer??

:thumbs: I would looove to see that section you speak of in the Foreign Affairs Manual! And my father would too!

Thanks everyone for all the details and responses!! :thumbs:


I got your PM and answered your question, but just for anyone else who might want the same information:

http://www.state.gov...ation/86988.pdf

9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support (page 15):

Because INA 212(a)(4)(C) and INA 213A require the use of Form I-864, Affidavit of Support Under Section 213A of the Act, for so many classes of immigrants, the use of Form I-134, Affidavit of Support, has been reduced considerably. Nevertheless, there still are circumstances when Form I-134 will be beneficial. This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864. Form I-134 should be given consideration as one form of evidence, however, in conjunction with the other forms of evidence mentioned below.


JimVaPhuongMaleVietnam2011-10-31 00:53:00
K-1 Fiance(e) Visa Process & ProceduresI-134 Affidavit of Support- Obligations of Co Signer??
The I-134 isn't legally binding, in spite of what it says on the form. If your dad likes, I can show him the section of the Foreign Affairs Manual that makes this clear. The I-134 was struck down in court as unenforceable numerous times in the 1980's and 1990's. Congress amended the immigration laws in 1996, and one of the requirements was that INS (the predecessor to USCIS) come up with a legally enforceable affidavit of support. The I-864 is the result. Consulates still use the I-134 to screen for the "public charge" requirement for non-immigrant visas like the K1. They use the I-864 for immigrant visas. USCIS also uses the I-864 for adjustment of status.

If your dad signs an I-134 then he won't be legally obligated for anything whatsoever. If he signs an I-864 when your husband applies to adjust status then he WILL be legally obligated if your husband collects any means tested benefits from the government. However, you are the primary sponsor. The government will come after you first and only go after your dad if they can't squeeze the money out of you.
JimVaPhuongMaleVietnam2011-10-04 01:25:00
K-1 Fiance(e) Visa Process & ProceduresSame sex couple K1 or lesbian wedding?

What is the K1 situation for same sex couples?

We have a lesbian friend who recently got engaged to her girlfriend from Japan. What are their options. If she leaves the country at the moment it seems they can't file for K1. Could they get married in the states (one which allows gay marriage) and file for AOS?

One extra curve ball... her student visa is already expired.

Thanks


Tell her to wait a few years. There are dozens of cases being litigated already, including a few class action suits. If there weren't already a lot of cases challenging DOMA and immigration laws then I'd say sure - go ahead and have her partner come to the US, get married, and then lawyer up and go to court. It would be expensive, both financially and emotionally, and I don't think one more court case is going to change the law any faster.

DOMA will eventually be repealed, and the immigration laws will be revised. I predict this will probably happen within the next four years.
JimVaPhuongMaleVietnam2011-08-27 23:26:00
K-1 Fiance(e) Visa Process & ProceduresK-1 after denied entry

Well in his passport was written, refused per 217.4 in Atlanta on 10/12/2010 by 0273. This only pertains to the visa waiver, that he can no longer use it. They didn't put anything else in his passport and they didn't give him any papers. Like I said, the officers themselves were telling him that he can still use a different visa, would they say this if they in fact were banning him? Wouldn't a person be aware of this? He's looking into getting copies or records of what was signed that day, but it takes quite a long time.


Whether this will have any bearing on his K1 will depend on whether his removal was based on 217.4(a) or 217.4(b). Removal under 217.4(a) is for an inadmissibility, which doesn't come with an automatic ban, though it's still possible a waiver might be needed to overcome the inadmissibility. Removal under 217.4(b) is for an alien who is determined to be deportable, and is equivalent to being deported by an immigration judge. This usually comes with a ban which would require a waiver. Removal for suspicion of preconceived intent would usually fall under 217.4(a). Removal for material misrepresentation would usually be 217.4(b).

If he received a ban, the CBP officers would not be lying if they told him he could still use a different visa to enter the US. They would just be omitting the fact that he'd need a waiver to get a different visa. He really needs to find out what was the exact basis for his removal.

For others who might find themselves in a similar situation: Never EVER sign any document that contains false, misleading, or incomplete information, even if you think you must sign it in order to get the CBP officer to stop harassing you. Anything that constitutes an admission of fraud will usually result in expedited removal, which is usually accompanied by a ban from the US. If you stand your ground they will eventually offer you an opportunity to sign a withdrawal of admission, which usually doesn't have any severe consequences.

The same general advice applies to any dealings with law enforcement officers in the US. You are nothing more than a statistic to them - an extra point on their promotion scorecard - and they will attempt to badger you into signing a confession by making ludicrous promises or hollow threats.
JimVaPhuongMaleVietnam2010-11-10 09:18:00
K-1 Fiance(e) Visa Process & ProceduresBC birth certificate for interview

Yeah, this is where my confusion lies. I don't know how it works either because in Nova Scotia, we have such a thing CALLED Long-Form, not that Birth Registration junk.
Maybe I should call Vital Statistics BC and see what they say, if it's the qualified/certified document I need..


They use the terms "long form" and "short form" in the US, as well. The terms are misleading, since a "long form" isn't necessarily any different in size or content from a "short form". The term "short form" usually refers to an abstract of the original birth record, while the term "long form" usually refers to a certified copy of the original birth record. Each state manages it's own vital records, so the appearance of an original birth record and the information contained on it will vary from one state to another. For US federal government purposes, no abstract of the birth record is acceptable. This means no wallet-size birth certificates, nor typewritten or computer generated forms containing some or even all of the information contained on the original birth record. What the US federal government wants to see is a certified photocopy of the original document, complete with the signatures of the attending physician and one or both parents.

This is why there was such a spat over President Obama's birth certificate. The only document he released, until recently, was a computer generated abstract. The document he originally released wouldn't have been acceptable to get a US passport, so many people were wondering why it was sufficient to prove he was eligible to be the president.
JimVaPhuongMaleVietnam2011-05-08 01:23:00
K-1 Fiance(e) Visa Process & ProceduresBC birth certificate for interview

Hi everyone, I just recently ordered a new birth certificate for myself in long-form for my interview and I was born in Nova Scotia.
My issue is that I have a 3 year old daughter born in British Columbia and when I went to try and get a long-form birth certificate for her, there is no such thing.

The options I am given are as follows :

Birth Certificate with Parental Information ($27 each)
Birth Certificate with Individual Information Only ($27 each)
Certified Photocopy of a Birth Registration ($50 each)

I have already ordered and have in hand, the birth certificate with Parental Information, which Packet 3 clearly states that there needs to be parental information on the birth certificate. I read an interview experience from someone and they needed a long-form of their birth certificate, not wallet sized ones.. So I'm panicking a bit.
The birth registration is really only a copy of the form I filled out with just registering my daughter's birth, it's not official and it won't bear a seal once it's printed and sent off to me, what should I do?


Dunno about Canada, but in the US a "long form" birth certificate is simply a photocopy of the original birth registration form. "Certified" should mean it's been stamped by whomever is the custodian of the records confirming that's it a true copy of the original document.
JimVaPhuongMaleVietnam2011-05-08 00:55:00
K-1 Fiance(e) Visa Process & ProceduresTax Lien
QUOTE (rmncm @ May 24 2009, 08:28 AM) <{POST_SNAPBACK}>
None, they don't care about that kind of stuff.


That's not my understanding. Others more knowledgeable than me have said previously on this forum that a tax lien can be considered, and used as an offset against income by the consulate. I guess simply owing taxes is one thing, but having a tax lien is a different matter.

That said, if the OP makes 4X the minimum required, and the lien is for $18K, I would think he'd be ok.
JimVaPhuongMaleVietnam2009-05-24 10:43:00
K-1 Fiance(e) Visa Process & ProceduresK1 expiration date
My wife's K1 visa had the following notation in the "Annotation" section - "EXPIRATION DATE OF PETITION: 21APR2010". However, under "Issue Date" it said 18DEC2009, and under "Expiration Date" it said 08JUN2010, so the date in the annotation section had nothing to do with the expiration date of the visa. On the original NOA2 for the I-129F it said "Valid from 08/21/2009 to 12/20/2009", so obviously the consulate had to add one 4-month extension to the validity of the petition approval. My wife was delayed in responding to packet 3 because Typhoon Ketsana flooded her city. She ended up having her interview just a few days before the petition would have expired.

I'm presuming the consulate added the notation about the petition expiration because they had to extend the validity of the petition.
JimVaPhuongMaleVietnam2012-06-27 09:23:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa while pregnant

Any updates on this situation?

Filed I-129F and week later found out I was pregnant. I, too, am hoping that NOA2, interview, and visa all happens before Feb. 2012 the estimated baby due date. I am the US petitioner, however, ob/gyn has informed me in Texas I can have father sign Acknowledgement of Paternity (AOP) before birth of child. They will actually send the paperwork to him in another country and he has to get it notarized and mailed back to the AOP worker. AOP worker will provide me with copy. If he is not here in the US by the time baby is born, I have to bring the AOP paperwork with me to hospital when I deliver and they will put his name on child's birth certificate.


What is the benefit of this? Will Texas not allow his name on the birth certificate unless he admits paternity?
JimVaPhuongMaleVietnam2011-07-13 23:49:00
K-1 Fiance(e) Visa Process & ProceduresI-134 Affidavit of Support- Obligations of Co Signer??

Okay, maybe I'm going to answer my own questions now... :blush:

Are these the figures I should be basing my salary meeting requirements for I-134 for the interview and I-184 for AOS?

( Found on website: http://www.usac.org/...equirements.pdf )


Persons with 2 in household= $18,388

Or do I STARTING now include my fiance in the household count? (At the time of the interview are they looking at fiance already being in the picture so to speak, already in the household count?)

Persons with 3 in household= $23,163

(F.Y.I... These are for the 48 states' guidelines, not including Hawaii or Alaska)



The income level is the same for both the I-134 and the I-864 and it changes each year: http://www.uscis.gov...form/i-864p.pdf

Your fiance', yourself, and all dependents must be included in the head count, if its your father co-sponsoring then him, your mom (I presume) and anyone else that is claimed on his taxes plus your fiance.

If your father filed married and joint, and the income is combined to qualify then your mom may have to fill out an I-864a as well...

see the form there:

http://www.uscis.gov...form/i-864a.pdf


Purpose of Form :
This contract is intended to benefit the sponsored immigrant(s) and any agency of the Federal Government, any agency of a State or local government, or any private entity to which the sponsor has an obligation under the affidavit of support to reimburse for benefits granted to the sponsored immigrant. This contract may be enforced in any court with appropriate jurisdiction. By signing this form, a household member who is not a sponsored immigrant, agrees to make his or her income and/or assets available to the sponsor to help support the immigrant for whom the sponsor has filed an affidavit of support.
JAPrincessFemaleJamaica2011-10-04 12:28:00
K-1 Fiance(e) Visa Process & ProceduresI-134 Affidavit of Support- Obligations of Co Signer??

If your dad signs an I-134 then he won't be legally obligated for anything whatsoever. If he signs an I-864 when your husband applies to adjust status then he WILL be legally obligated if your husband collects any means tested benefits from the government. However, you are the primary sponsor. The government will come after you first and only go after your dad if they can't squeeze the money out of you.


:thumbs:


here is a great link outlining the responsibilities of a co-sponsor:

http://www.***remove...bligations.html

Edited by Kathryn41, 06 December 2011 - 08:07 PM.

JAPrincessFemaleJamaica2011-10-04 12:16:00
K-1 Fiance(e) Visa Process & ProceduresYes, you can visit!
Yes.. it is never easy. They have to be thorough since there all sorts of people in this world and not everyone has good intentions. This is always the case where the good people have to suffer a bit even though they have perfectly good intentions and follow the rules exactly.

I would not encourage too many long trips. It begs for too many questions... Regular shorts trips (3-4 days) are ok in my opinion.

In our case, we plan on filing for the K-3 shortly and she will not visit the US until the I-129F is filed. At that point, she will have a copy of it at the POE. And if they give her hard time, we will wait for the visa and i will be visiting her instead.
G&ANot TellingCanada2007-05-23 18:20:00
K-1 Fiance(e) Visa Process & ProceduresYes, you can visit!
Just reporting that my fiance came to the US without any problems. the officer asked her about her plans and she metioned that we are researching the K visas and will going through the process. He asked her if she knows how they work and i was a citizen and she said yes and that was it... Then he said 'Welcome to the United States"
G&ANot TellingCanada2007-05-22 17:09:00
K-1 Fiance(e) Visa Process & ProceduresYes, you can visit!
Just wanted to say thank you for sharing
G&ANot TellingCanada2007-05-17 14:02:00
K-1 Fiance(e) Visa Process & ProceduresYes, you can visit!

I would love to go try it really,but I am too scared of getting turned away.Flying all the way from Germany,the flight bad as it is,then going through the worries wondering if they will let you in.Possibly the hassle of a second "Interview" in the office.
A friend of mine got turned down,she said it was not the nicest experience.The bad thing is you have to pay the flight back home out of your own pocket.
Of course it is up to everyone if they do it or not. Sometimes I do admit I play with the thought,but I am just gonna wait,it should not be too long before I can finally be with my Fiance.



I have a crazy idea for you. You go to Canada first and then get a round trip ticket to the US. Since you clear US customs on the Canadian border, you do not have to deal with flying back if turned down. You go back to a hotel room in Canada and have your fiance fly up for a few days.

On the bright side, you might get in otherwise you still get to see him in Canada and then fly back with your regular return ticket to Germany.

i know the planning is bit more complicated but just wanted to mention the thought.
G&ANot TellingCanada2007-05-15 02:29:00
K-1 Fiance(e) Visa Process & ProceduresYes, you can visit!

Well, all I can tell you is that is what was told to Adam each time he visited and said he was visiting his girlfriend (and also what I was told when I went to England). I can't really speak to why the officer would lie to us, if they did. I'm sure the intention of the warning was to not marry and try to stay, but that was not expressely said to either of us.

Here's the info straight from the customer guide from the USCIS web site, "I am a US Citizen, how do I...help my fiance(e) become a permanent resident?" http://www.uscis.gov.../article/A2.pdf

"What if my fiancé(e) uses a different kind of visa, or
enters as a visitor without visa, to come here so we
can get married?"

There could be serious consequences. Attempting to get a visa or
enter the U.S. by saying one thing when you intend another may
be considered immigration fraud, for which there are severe
penalties. Those penalties include restricting a person’s ability to
get immigration benefits, including permanent residence, as well as
a possible fine of up to $10,000 and imprisonment of up to five
years. It is not appropriate for your fiancé(e) to enter the U.S. as
a visitor with the intent to marry you and remain to try to become
a permanent resident. It is appropriate, however, to enter as a
visitor to have the wedding in the U.S. and then return to a foreign
residence for further processing for U.S. immigration as a spouse.
You should come prepared with proof of your clear intentions in
this regard.

So yes, it certainly appears that you are allowed to get married while you're here as long as you do leave, but you'd in effect be abandoning your K-1 application to start a K-3, right? (well, assuming you're not yet married and doing the K-1 route...)

Again, I am just reporting what our experiences were, I can't tell you why we were told that. Wish I could!



Thanks so much for your detailed response. I really appreciate the USCIS quote above. It make me feel much better about my plan being all legitimate. You are right about abonding the K1 and going the K3 route. I decided to do this so i can have a religious wedding in Canada in October and not have to worry about it confliting with the K1 process (just playing it safe at the expense of an extra month wait).

Cheers!

Great thread and input Michele but...

I am very concerned with what officers had told you on two occasions. DO NOT GET MARRIED THERE. IT IS A VIOLATION.

I recently started a new thread here and was advised by many members here that is perfectly ok and legal to get married in the US as long as the person leaves afterwards, and then files for a K-3. I know the officers are concerned that people get married, hang around and then adjust status.

I would love to get something in writing that tell me a visitor to the US can marry as long as they LEAVE the US after the marriage.

I would like to hear opinons and mostly REAL experiences from folks here on VJ.

thanks.

was told he can't marry me while he's here, that would be a violation. Adam assures officer he won't.

Was advised again not to get married while here (yeah, we know!)


I personally don't believe that Michele and Adam's experience wasn't real! Why make stuff up? Sheesh!


Huh? Who said anything about making stuff up?
G&ANot TellingCanada2007-05-15 02:21:00
K-1 Fiance(e) Visa Process & ProceduresYes, you can visit!
Great thread and input Michele but...

I am very concerned with what officers had told you on two occasions. DO NOT GET MARRIED THERE. IT IS A VIOLATION.

I recently started a new thread here and was advised by many members here that is perfectly ok and legal to get married in the US as long as the person leaves afterwards, and then files for a K-3. I know the officers are concerned that people get married, hang around and then adjust status.

I would love to get something in writing that tell me a visitor to the US can marry as long as they LEAVE the US after the marriage.

I would like to hear opinons and mostly REAL experiences from folks here on VJ.

thanks.

was told he can't marry me while he's here, that would be a violation. Adam assures officer he won't.

Was advised again not to get married while here (yeah, we know!)


G&ANot TellingCanada2007-05-11 19:39:00
K-1 Fiance(e) Visa Process & ProceduresG-325A question about attaching passport photo
What I did was put the passport photo a ziplock baggy and stapled that baggy to a blank piece of paper. I then put it behind the G-325A and paper clipped them all together
EricCMalePhilippines2008-02-11 02:03:00
K-1 Fiance(e) Visa Process & ProceduresI-134 Affidavit of Support- Obligations of Co Signer??
The obligations are outlined in the I-864 on page 6 http://www.uscis.gov.../form/i-864.pdf
Print this out and show it to him. It clearly states what his obligations are as a co-sponsor.
Best of luck!
I+HFemaleUnited Arab Emirates2011-10-03 19:37:00
K-1 Fiance(e) Visa Process & ProceduresK1 filing and definition of child abuse
Im getting ready to file my K1 and Part C question 2 asks about child abuse and neglect. I was charged with child endangerment because my kids were in the car when I got slapped with reckless driving for speeding. So my question is, is child abuse and neglect the same as child endangerment and do I need to answer yes to this question?
I+HFemaleUnited Arab Emirates2010-11-20 23:39:00
K-1 Fiance(e) Visa Process & ProceduresThe RFE Master List
Call CSC and get a status of the RFE.

QUOTE (visao @ Aug 20 2007, 07:07 PM) <{POST_SNAPBACK}>
I sent in RFE on August 3rd,07. It's been over 2 weeks and I checked my case status online and nothing has been updated. They don't ever acknowledge that they have recieved my RFE. It was sent to CSC. Anyone is having same issues??? It's really delaying my case and is no fun helpsmilie.gif I sure sent to the correct PO Box address. What should I do? Call them to ask about it-or or I wait, wait, wait....I am really mad cause I sent in August 2, and now is August 20.

MM_MSFemaleTurkey2007-08-23 11:45:00
K-1 Fiance(e) Visa Process & ProceduresThe RFE Master List
RFE - May 2007

When we received the RFE, CSC requested three kinds of evidence:
a) 2" x 2" passport-style photographs
bee) Verification of Status
c) Proof we had met in person within the previous 24 months

I wanted to make this easy for CSC. I kept text simple and direct. To begin, I wrote a cover letter which followed the same format as my K-1 petition cover letter, but noted that both primary and secondary evidence were included. I also made a separate cover sheet for each of the three kinds of evidence requested. Each sheet had a header with my name, petitioner; his name, beneficiary; the A# issued for the RFE and our WAC #.

a) 2" x 2" Passport-Style Photos
Cover Sheet: Please find attached two 2"x2" passport-style photographs of MM and MS, as requested.
The photographs were inserted into a cardboard cover (used for passport applications), sealed in an envelope, and stapled to the cover sheet.

bee) Proof of US Citizenship
Cover Sheet: Please find attached a copy of my U.S. passport issued xx/xx/xxxx and which expires xx/xx/xxxx (identification page only). Please also find a copy of Certificate of Live Birth issued by the California Department of Health, San Francisco, as requested.
Both documents were copied and stapled to the cover sheet.

c) Proof of Having Met in Person Within the Previous 24 Months
Cover Sheet: Please find attached copies of

1. U.S. Passport identification page
2. U.S. Passport which shows Turkish Visa and Admission Stamps dated ...
3. Airline booking confirmations
4. Airline tickets
5. Airline Frequent Flyer statements
6. xx/xxxx Bank Statements (highlighted the purchases/ATM withdrawals made in Turkey during this period)
7. Hotel Receipts
8. Photographs of MM and MS taken in Istanbul, Turkey, in xx/xxxx and in xx/xxxx
9. Receipts from purchases made in Turkey

The photographs were original (printed from the memory card) and sealed in an envelope. Our names, the place, and dates were printed on the back of each photo. Copies were made of each document. Everything was stapled to the cover sheet in the order listed.

Thus, CSC received a cover letter and three smaller packets a), bee), and c) which included the evidence requested and the evidence provided. NOTE: The PO Box address for the RFE is different from the PO Box used for the K1 petition submittal. Secondly, factor an extra week for the day the parcel is collected from the post office box and the day CSC acknowledges that the RFE Reply was "received."

There are many ways to submit an RFE Reply. This is what I did, and it worked for us. Much good luck with your RFE!!

MM and MS
MM_MSFemaleTurkey2007-07-31 08:10:00
K-1 Fiance(e) Visa Process & ProceduresThe RFE Master List
passport stamps and any kinds of official documents from the government can be primary evidence.Photos and travel things can be second evidence but, I was told that photos can be taken by more than 2 years ago and say they were taken a few months ago. So it can be strong evidence with passport stamps. Boarding passes do not usually show years, but I included. I have no idea how USCIS will consider. For me, it is not fair. Some couples can be approved after they met each other only once. Others get RFE even though they included a lot of evidence.
Masha2008FemaleJapan2007-12-11 03:48:00
K-1 Fiance(e) Visa Process & ProceduresThe RFE Master List
ELW, you are so sweet. I know I yelled at him so badly. I also made mistakes on G325A which I was supposed to put 2005, I put 005 on the attachment. The addressed that I put past 5 years are confusing because I lived with him but, I spent a few nights at my friend's house for commuting instead of staying at motels. I did not have a car at that time. So it seems that I used to have two addresses. Of course I explained that on the attachment. I hope that they do not complain and ask me more questions. I was an international student. well, hopefully nothing will bug me;(
Masha2008FemaleJapan2007-12-11 00:12:00
K-1 Fiance(e) Visa Process & ProceduresThe RFE Master List
My fiance (USC) sent pictures to prove that we met each other. However, now, I found a huge problem. He sent 6 pictures. and once of the pictures has a wrong date. He put 07/10/2006. But, I returned to Japan on 07/08/2006. It does not make any sense. I guess he was remembering as much as he could, but the date was on the back of the picture. He totally missed the date. He got the pictures from walgreens and that picture was only taken by his cellphone and it is obvious that the date was there. But, it was very weakly printed and he thought that that was a picture's number or something. Then, he checked 2006 calender, tried his best to remeber, well, too bad, it was wrong.
He did not even check the dates with copies of my passport stamps and sent it. We had a huge fight about this issue last night and I am so worried that what if we get denied.
If I am asked, I will explain that that was a mistake and the correct date was on the back of the picture and his written date was wrong date. Well, should I call USCIS? Ahh, I might get RFE but how should I explain?
Masha2008FemaleJapan2007-12-04 20:41:00
K-1 Fiance(e) Visa Process & ProceduresThe RFE Master List
I have a question. I used to be an international student at American university. I graduated from my BA last september.

My fiance and I have been long distance since then due to visa process. Now, we sent our petition with my passport copies including all stamped pages, last three boarding passes, and I-20 copies from my university. I went back and forth from US to Japan for many times during my college years like visitng my families. And this september, he finally came to Japan to meet my family.

Well, I sent only the evidence that I have been to the US many times. He visited me after we sent our I-129f. I wonder if both of us have to sent our boading pass, passport copies etc. And I did not have tickets anymore. All I had was boading passes, but since I was not a tourist and I was being a F1 student for 4 years, the immigration should have my data already. I wonder if my USC fiance has to send his evidence additionally.

Please anyone give me advice. unsure.gif unsure.gif unsure.gif helpsmilie.gif helpsmilie.gif
Masha2008FemaleJapan2007-10-25 22:55:00