ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresSurprise you have a 4 year old daughter!!!
She doesn't want to withdraw because he has a kid. What she's asking is if it's better to withdraw then get denied at the interview for not putting the child on the previous paperwork. The child was a surprise to both of them.

I don't think it matters, I would just say get the DNA test like everyone has suggested and then if the child is his add her to it with proof that the DNA test was recent and you were both unaware.

Edited by KaynPhil, 21 July 2011 - 04:49 PM.

KaynPhilFemaleJamaica2011-07-21 16:46:00
K-1 Fiance(e) Visa Process & ProceduresWill it be an issue if my fiancé buys a two-way ticket?

Air Belin wants us to fly out of Stansted which is way farther than London, go figure!


My guy usually flies out of Manchester, but we'll see what we can do.
CherieishFemaleUnited Kingdom2011-08-26 14:34:00
K-1 Fiance(e) Visa Process & ProceduresWill it be an issue if my fiancé buys a two-way ticket?

We are going to use Air Berlin, the8ir one ways are half the price of a round trip. I can being three people from the UK to Los Angeles for 1000 Euros.


Oh wow, you're right near me! Thanks for the tip, I'll have him check them out.
CherieishFemaleUnited Kingdom2011-08-26 14:18:00
K-1 Fiance(e) Visa Process & ProceduresWill it be an issue if my fiancé buys a two-way ticket?

The airlines will only charge you a fee on the return portion IF YOU DON'T CALL TO CANCEL THE RETURN. Just trying to make that clear.If you just don't show up and don't bother to cancel, yes, they could charge you. If you call to cancel, they will NOT charge you. I do lots of travel - trust me, I know. I am just trying to help. :)


Why on earth would they charge me if I don't call to cancel? As you said - they already have their money. They can't charge me for not giving them the chance to resell my ticket and make even more money. The jerks make enough money off of people like me.

In any case, he's probably going to pay for the flight then cancel the bank card before he leaves anyway. They can't charge a card that no longer exists.
CherieishFemaleUnited Kingdom2011-08-25 15:32:00
K-1 Fiance(e) Visa Process & ProceduresWill it be an issue if my fiancé buys a two-way ticket?

We purchased a round trip because it was less expensive...it's not an issue. But, PLEASE cancel the return - it's really rude not to because someone else might really need that seat on the plane...you never know, it could be a visa journey member :blush: Plus, I have never in my life heard of an airline charging a fee to cancel a ticket...why would they? They already got paid.


I think the rationale is, if you call up and cancel they may charge your credit card for the higher price of a one-way ticket. If you simply don't show up, they may not notice that you didn't use the second half and thus they won't charge you.

I'm not doing the airline any favors by being polite to them. My fiancé's visit was cut in half last month because the goddamn airlines stranded him in Phoenix. If someone else needs his seat, it's a pity but I'm not going to pay an extra $300 so someone else can have his seat on the return.
CherieishFemaleUnited Kingdom2011-08-25 15:27:00
K-1 Fiance(e) Visa Process & ProceduresWill it be an issue if my fiancé buys a two-way ticket?

?? Customs will know you're not planning on returning when you have to show them your K1/Visa packet. So im not sure what you mean by that.

Plus, on my previous visits to USA they have always checked my return date and stamped it in my passport upon arrival there...

Not sure about the ticket violation rule.
:luv:


Customs will know you're not planning on returning, but the airline that checks you into your flight won't. So by the time anyone from the airline figures it out, you'll already be in the U.S.
CherieishFemaleUnited Kingdom2011-08-25 14:31:00
K-1 Fiance(e) Visa Process & ProceduresWill it be an issue if my fiancé buys a two-way ticket?
I hadn't even thought of cancelling it, he was just going to not show up. ;) Thanks!
CherieishFemaleUnited Kingdom2011-08-25 14:17:00
K-1 Fiance(e) Visa Process & ProceduresWill it be an issue if my fiancé buys a two-way ticket?
My fiancé is preparing to buy his last ticket here upon his visa approval, and we've discovered that a one-way ticket is about $300 more than a two-way ticket, confusingly enough. We were thinking it would be a good idea to just buy a 2-way ticket and not use the return ticket, since it's cheaper. I wondered if the immigration folks at his point-of-entry are going to raise an eyebrow if he enters with a fiancé visa but has a two-way ticket. Will this be an issue?
CherieishFemaleUnited Kingdom2011-08-25 14:12:00
K-1 Fiance(e) Visa Process & ProceduresLifetime Ban From Entering the U.S.?
Extreme stupidity of the petitioner should be but it is not....
K1-SeekerMaleIran2011-08-27 01:06:00
K-1 Fiance(e) Visa Process & ProceduresDS260 Help!!!!
nevermind:)
Ximena143FemaleMexico2011-08-24 21:19:00
K-1 Fiance(e) Visa Process & ProceduresDS260 Help!!!!
hello....
I am in the last section of the DS260 where u have to type in the code and sign and summit app....and it doesn't let me go to next.....

After i punch in the code, press the summit button, and press next confirmation...nothing happens.... Has this happened to anyone. What do I do?????
Ximena143FemaleMexico2011-08-24 21:05:00
K-1 Fiance(e) Visa Process & ProceduresMy name came up in a conversation

Jim-

Anyone, illegal or not (legal folks assuming they make under a certain amount), can walk into a hospital and get free health care. How do I know? I recently watched my ex-wife take one of her illegal friends who was injured. Not only did he get free health care, they required him to sign up for a zillion free government benefits.


Don't know what state you're in. In California, that "free" health care is provided in the emergency rooms of county hospitals. I've taken friends who didn't have insurance to the emergency rooms of three different county hospitals, including the world famous Harbor UCLA hospital in Southern California. The waiting room is massive - big enough for two full-size basketball courts, and it's filled with uninsured people, mostly indigents. I watched people die waiting to be treated.

Surely, you don't honestly believe that people come to the US for this sort of health care, do you?

Regarding your second point, "If you remove all social safety nets..." Exactly!!! That is exactly what the US needs to do to accomplish a few things, 1) Get many illegals to leave on their own, 2) Stop the flow of illegal aliens from coming (as they'll get word that it's not some Disneyworld up here), and 3) Create a middle class again. How will this create a middle class? It will force legal USC and permanent residents to get off their butt and work, educate themselves, and provide for themselves. Some will and some won't. Those that will eventually will make the middle class, those that don't... well it's their problem. Somewhere along the line people came up with this idea that the taxes of the rich are supposed to go to the government in the form of a blank check so the government can than supply free services to the poor. It's ludicrous. Tax money should be used on goods or services that provide for or benefit everyone such as schools, roads, infrastructure, etc. Any money spent by the US government on an individual is simply wrong. I.e. Food stamps, medicaid. Benefits should only be paid for something that benefits everyone. It does not benefit me if you get food stamps. It does not benefit you if I get medicaid. By not having a system of equality and treating some better than others they are simply handouts for people as a reward for not working or not being responsible enough to have health insurance, etc. While I do agree with squeakys point that health insurance companies aren't just all of the sudden going to lower premiums if free health care is done away with, I will state that premiums never would have gotten so high if there was no such thing as medicaid and free rides in the first place. Squeaky has stated that she is not college educated and is a socialist so I understand her arguement, but this isn't a socialist country. She thinks capitalism is what doomed this country. I tend to believe that you are pretty well educated. Are you going to tell me that you are not a Capitalist as well?


On some of these points I agree. There are some services available to illegal aliens that should not be. Public schools, for example. Some states also provide medicaid to pregnant women regardless of their immigration status, and I also believe that's wrong. I believe everyone should be able to get urgent care when it's needed, but then put them on a bus and send them back home.

The rest of your points I mostly disagree with. I paid for all of those "safety net" social programs, and I expect them to be available to me in the event I am unfortunate enough to need them. I don't like to see those systems abused any more than you do, but I absolutely don't want them eliminated because of the abuse. I would much rather see the abuse eliminated. If the programs are eliminated entirely it will create an entire subclass of desperately poor. The illegals will certainly leave if they have no hope of climbing out of the poverty class, but there will be millions of American citizens remaining in that class. Maybe Canada will have to guard their southern border to keep America's poor out. The day that happens America will officially be a third world country.

The concept that the government should provide for everyone individually is socialism, which I am very much opposed to - it puts a massive tax burden on those who work. Socialism seems like a great idea to people who are young and naive and near the bottom of the economic ladder, and they see people at the top of the ladder and they think it's unfair. They don't realize that many (most) of those people worked hard to get to the top, and that they have an equal opportunity to get there. Socialism also seems like a great idea to people who have had wealth bestowed upon them without having to work long and hard to get it, like Hollywood and sports elite. To them, the sense of unfairness stems mostly from guilt. Someone who works hard to achieve wealth will not feel guilty at all for having earned what they've gotten.

The concept that the government should provide only what benefits the entire society is communism, which I am also very much opposed to - everyone is equally poor and hopeless. Even the communist countries that exist have come to the realization that a communist economic system doesn't work. China, for example, has a communist system of government, but their economic system is much closer to capitalism.

I was young and naive once. Now that I'm older and wiser I admire and respect those who have earned a position at the top, and I'm more determined than ever to work my way up as high as my abilities will take me.

I also strongly object to the statement that capitalism destroyed this country. This country became a great nation because of capitalism - the promise that anyone with a good head on their shoulders who was willing to work could achieve prosperity. That is the proverbial "American Dream".
JimVaPhuongMaleVietnam2011-07-31 23:55:00
K-1 Fiance(e) Visa Process & ProceduresMy name came up in a conversation

Ning- You call it a utopia, not really. The US needs to get back to being a republic, a land of opportunity and quit trying to be a social country trying to take care of everyone.

If all social programs were ended you'd be surprised not only how many illegal immigrants would go back to thier countries, but also you'd see a significant decrease in border crossings. Heck, you'd probably even see a serious decrease in legal immigrants wanting to come. That tell you something. That tells you that many come simply for all the free handouts. It didn't used to be this way. 25-30 years ago if a USC got sick and couldn't pay the bill their credit would be destroyed and they would not be able to get credit. Why is it now that millions have babies for free in the US, yearly? Guess who pays for that? The system needs to be fixed.


Baloney! People don't come to the US for free handouts. Those handouts are more difficult to get than you think. You can't stroll across the border and walk into a welfare office and get a benefits card.

People come to the US for work, and there's not enough jobs on the bottom end of the economic ladder to support an open door policy. The US job market is already bottom heavy with unskilled workers, and those are the only people who would be flooding into the US if there were no immigration policies. If you remove all social safety nets then the US will quickly devolve into the same sort of third world sh!thole many of those people escaped from - vast numbers of unemployed living in total abject poverty. Those people will leave, alright, but only after going back home looks more attractive than staying in the US. Personally, I don't want to live in that America, and I would greatly appreciate if our lawmakers don't take any further steps to make America like that.
JimVaPhuongMaleVietnam2011-07-31 03:07:00
K-1 Fiance(e) Visa Process & ProceduresLanguage chosen for the interview

Will my fiance be able to choose to have his interview in his native language before the interview or is that asked at the interview? He speaks english but it's not perfect he wants to know what he hearing is what he comprehends without a question of a doubt before he answers.


All consulates will allow a visa applicant to interview in the native language of the host country. In the case of Haiti, I would think they could conduct interviews in English, French, or Creole (others with experience with the consulate in Haiti will have to confirm this). The consular officer may ask him if he speaks English, but he can request the interview to be conducted in his own language.

There's a risk of misunderstanding or misinterpretation no matter which language he chooses. The consular officer might not speak French or Creole, and might have to use an interpreter. In that case, the interpreter might not translate a question or answer correctly. Your fiance should listen carefully to the interpreter and try to detect and correct any mistakes they make.
JimVaPhuongMaleVietnam2011-08-02 10:35:00
K-1 Fiance(e) Visa Process & ProceduresI need some advice about K1/K3

Hi Barbara!
It's like I think then..
I"m on processing for citizenship (I had some trouble with IRS and took time to pay and arrange some things here) and after that, start a K1 process..
Thanks you for your quickly reply!!
Best regard


There's no significant difference in the processing times for a fiancee or spousal visa. All told, a spousal visa will cost a bit less because the alien arrives with an immigrant visa, and doesn't have to pay for adjustment of status in the US.

The K3 still exists, but it's unusual for consulates to issue it anymore. This is because a K3 requires both an I-130 and an I-129F petition. Both of these are usually approved and sent to the NVC at the same time. When this happens, NVC has a policy to administratively close the I-129F, and send only the I-130 to the US consulate abroad. This means the beneficiary will be applying for a CR1 visa (or IR1, if the marriage is more than 2 years old). Because of this it's a waste of money to send the I-129F petition for a spousal visa since a K3 is not likely to be issued.
JimVaPhuongMaleVietnam2011-08-02 10:43:00
K-1 Fiance(e) Visa Process & ProceduresNeed Advice
Both DHS and DoS policy is that a petition withdrawal should be done in writing.

They won't "just ignore the email", but they also won't withdraw the petition based on it. The email will undoubtedly be noted in your fiancee's file, and you can expect the issue to be brought up at her interview. How much of a problem it will be depends on what you said in that email. Consulates generally don't like it when a relationship appears to be on rocky ground before the interview.

Any chance you can be there for the interview? It would probably help your chances if you were there to answer their questions directly.
JimVaPhuongMaleVietnam2011-08-02 11:47:00
K-1 Fiance(e) Visa Process & ProceduresWhat do I DO????

I can see how that would be dangerous in this day and age because of photographs and that stupid Facebook. But I have always lived by the rule that if you pass gas in the elevator, your innocent unless you run your trap about it.

John


Not a good philosophy to live by. If you did something then you are guilty, whether anyone else knows about it or not.

In the OP's case, they'd have to lie about their marital status in order to get the K1 visa. They'd have to marry again in the US in order to satisfy the K1 requirements and get a green card. For the rest of their lives, as either an LPR or US citizen, there would be document in a file in Mexico that could potentially bring their entire world crashing down around them. If that document ever surfaced and found it's way into the hands of US immigration authorities then they would conclude that they were never eligible for the K1 visa, and that they lied in order to get it. They'd lose their status, whether it's a green card or US citizenship, and be banned from the US for material misrepresentation, potentially for the rest of their lives. Even if the risk of this happening is relatively low, the consequences are so severe that the risk is simply not worth taking.
JimVaPhuongMaleVietnam2011-08-02 10:55:00
K-1 Fiance(e) Visa Process & Proceduresfiancee in ukraine.. Plz Help!

hi i my fiancee is in ukraine . she came to US 2 and a half years ago as an aupair and then changed her status here legally from j1 to f1. and now a month ago she went back to visit her home and got denied the visa twice (f1) now i wana go there and propose her and file for a k1. does any one know how much chances she has to get k1 approved and if there is any legit and cost effective k1 lawyers' websites out there who i can hire. i found out easyfiancevisa.com but dont know for sure if they are legit since i read a couple of bad reviews about them.. PLEASE HELP!!! im really miserable and really want her to come back soon.


Go there and propose. If she says yes then come back here:

http://www.visajourn...om&page=k1guide

The process is bureaucratic - not legal. There are no courts or judges. Just paperwork and documentation. You don't need a lawyer.

You'll need proof that the last time you met, face-to-face, was less than two years ago.
JimVaPhuongMaleVietnam2011-08-03 20:41:00
K-1 Fiance(e) Visa Process & ProceduresAnyone ever have a 2nd Fiance Interview???
Your information is a little sketchy. From what I gather, your fiance spent some time visiting you in the US, yes? And during this time his dad was sending him cash, right?

It sounds like the CO has some evidence that your fiance was working illegally while he was in the US. The evidence is apparently not entirely conclusive or they wouldn't have kept asking the same question over and over trying to get an admission of guilt from him - they would have simply denied the visa.

It would be really helpful if you knew what evidence they had so you could be prepared to respond at the next interview. Second interviews are unusual at any consulate. Occasionally, a second interview is a relatively simple formality. More often than not, a second interview usually means a Stokes interrogation. They separate you and ask you each a bunch of questions, and then compare your answers. Those sort of interviews are not pleasant. I don't know enough about your situation to know with any certainty if you're going to get a Stokes interrogation, but you should probably be prepared for it.
JimVaPhuongMaleVietnam2011-08-04 22:50:00
K-1 Fiance(e) Visa Process & ProceduresA BIG CONFUSION

You're misreading the facts and dates, Jim, just as Lolo and I did. Posted Image The admission to the US and activation of citizenship was at age 18 when the subject was single. All that happened after that was an application for a certificate, not an application for admission to the USA. The child was already a legitimate citizen when the error in marital status was on a form submitted, again, for a certificate, not actual citizenship. Obtaining a certificate is optional. A passport is adequate evidence of US Citizenship. The misrepresentation was NOT material to the granting of citizenship.


Yeah, I think you're right, and I actually read it a couple of times before posting my comment. :blush:
JimVaPhuongMaleVietnam2011-08-05 09:11:00
K-1 Fiance(e) Visa Process & ProceduresA BIG CONFUSION
In order to derive citizenship under section 320 of the INA:

1. At least one parent must be a US citizen.
2. The child must be under 18 years old.
3. The child must be residing in the US in the custody of the US citizen parent.
4. The child must have been admitted for permanent residence.

In order to qualify as a "child", they must be unmarried.

http://www.uscis.gov...000b92ca60aRCRD

The misrepresentation was about a material fact. Time to lawyer up.
JimVaPhuongMaleVietnam2011-08-04 22:39:00
K-1 Fiance(e) Visa Process & ProceduresUS Passport style photos
If this is to go with the G-325A then don't worry about it. USCIS is not particular about the photos submitted. They just want a good quality photo of the beneficiary's face that they can scan into the file. The pics I submitted for my fiancee (now my wife) were made to Vietnamese passport specs - approximately 1.5" x 2.5" on a pale blue background. The height of the face was approximately correct. They were accepted without any problems.

This doesn't mean you can get completely out of hand and submit a vacation pic that's 4" x 6", the head is 1/2" from chin to top, turned 45 degrees, with a souvenir shop in the background. Use a little common sense.
JimVaPhuongMaleVietnam2011-08-03 09:59:00
K-1 Fiance(e) Visa Process & Procedureshow do we get married?
In California you can usually get married at the county clerk's office. In most cases, no appointment is needed. California doesn't require blood tests anymore, and there's no waiting period. You can literally walk into the county clerk's office, and walk out 1/2 an hour later married and with a certified copy of the marriage certificate in your hands. This is what we did, and our county clerk's office even had a JP who spoke Vietnamese so we had a bilingual marriage ceremony. :thumbs:
JimVaPhuongMaleVietnam2011-08-07 12:50:00
K-1 Fiance(e) Visa Process & ProceduresUnderstanding Igors List?

hi all VJers! :)

i just recently discorvered Igors list. Im finding it very addicting but unfortuantly agitating because your seeing others approved then yourself, things not going fast enough etc... I cant help but look everyday though... I looked on there yesterday ( we are recent k-1 filers to VSC by the way waiting for our NOA2 lol :) ) and our number in line was 469..i looked this morning we were at 468, now tonight i looked and we are at 470. I can see the fact of us moving down on the scale 469,468,467,466,465..etc. but my question is WHY would we move back down i dont really understand it. we seem to be ahead of some other people in receiving our NOA1 hardcopy on there but our numbers keep fluxuating. why is that? why would we move back farther down on the list?

(maybe im just not understanding this thing at all and have it completly wrong this Igors list...please let me know!) thank you!


Some people don't bother posting their timeline until someone provokes them into doing it. When they finally get around to posting it they might have dates that precede yours, so they might get inserted before you, which would move you further down in the list.
JimVaPhuongMaleVietnam2011-08-09 00:50:00
K-1 Fiance(e) Visa Process & ProceduresMoney...
Why are they sending packet 3 to the petitioner? Don't they usually send packet 3 to the beneficiary? :unsure:
JimVaPhuongMaleVietnam2011-08-10 09:24:00
K-1 Fiance(e) Visa Process & ProceduresMoney...

"During the visa interview, applicants will be required to present evidence to the Consular Officer that they will not become a public charge in the U.S. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e). "

http://travel.state....pes_2994.html#8


They will consider the likelihood that the beneficiary will become a public charge. They'll presume that a person who is an employable age and without physical or mental infirmity will be able to land a job in the US. Your work history and assets will be relatively unimportant to them.

It's a virtual certainty they'll want an I-134 affidavit of support from the petitioner. This is because you will not be able to adjust status and get a green card after coming to the US without a sufficient sponsor. The consulate will want evidence that the petitioner is qualified to sponsor you, or has a joint sponsor ready who is qualified.
JimVaPhuongMaleVietnam2011-08-09 14:03:00
K-1 Fiance(e) Visa Process & Proceduresbirth certificate dilemma

@JimVaPhuong
Thanks for your reply and link. I know that my family registry does exist in Korea and I'm planning to get the document when I visit there. My concern is that my DOB year is incorrect on this document (all else is correct).
I'm guessing my Canadian citizenship and other records (which have the correct DOB year) will be secondary to the actual birth registry? That's why I'm hoping that I can attach an affidavit to my Korean family registry may help, because I can see US Immigration questioning why my DOB year is off by one year.

Thanks again!


See about getting your family register corrected while you're there. US immigration authorities will make an issue of it if the dates on your documents don't match.
JimVaPhuongMaleVietnam2011-08-10 22:10:00
K-1 Fiance(e) Visa Process & Proceduresbirth certificate dilemma
When it comes to foreign documents, the US State Department's Reciprocity Tables are the bible. If the Reciprocity Table for a country says a document is available in that country then the US government is going to insist you produce it.

Here is the Reciprocity Table for South Korea. Scroll down to the section on birth, marriage, and divorce certificates. That will give you some indication of what is available and how to get it:

http://travel.state....5.html?cid=9223
JimVaPhuongMaleVietnam2011-08-10 21:26:00
K-1 Fiance(e) Visa Process & ProceduresScanned Copies of Forms

Two of the forms, the 129F and the letter of intent, require my fiance's signature. So I emailed him the forms and he printed them out, scanned them and emailed them back. Due to the length of time to send something by mail from India to the US this is the most efficient way to do it, but are the scanned copies of the forms acceptable? I called the USCIS to ask and they said, they didn't know, and suggested I submit the K-1 application with the scanned forms, and if it gets denied, resubmit in. (I told them this defied logic altogether and was an sheer waste of my time and theirs)


The beneficiary does not sign the I-129F. You must be thinking of the G-325A.

The information you got was typical of a customer service rep at USCIS. Those people are trained in how to use the customer service computer system. They don't know anything about immigration law or USCIS policies. If they did then they wouldn't be answering the phone for near minimum wage. You asked a question they obviously couldn't easily find on the computer. You were fortunate that you didn't get a CSR that just makes up what they think the correct answer is.

People have sent scanned copies of the G-325A and letter of intent and been approved. Others have gotten RFE's for either one. It's really up to the adjudicator. Personally, I wouldn't risk an RFE even if the chances of getting one were relatively small. I'm allergic to RFE's! :blush:
JimVaPhuongMaleVietnam2011-08-10 21:53:00
K-1 Fiance(e) Visa Process & ProceduresBad Packet
You need an Argentina-specific answer. Generally, a couple are not married if the marriage isn't legally binding. However, the laws in some countries are somewhat loose, and the rules at some consulates are even looser. At some consulates, a cultural or religious ceremony is enough for the consulate to conclude that the couple is married or has at least substantially initiated the marriage process. Those consulates would insist the couple legalize the marriage and refile for a spousal visa.

You should check the regional forum and see how the consulate in BA handles these situations.
JimVaPhuongMaleVietnam2011-08-13 11:06:00
K-1 Fiance(e) Visa Process & ProceduresI-134 question

So, my father is filling out a I-134 to cosponsor my fiance, however, on question 10 that asks if he has ever petitioned a visa for anyone else, we are unclear as to what to put. I have two older brothers that my parents adopted from foreign countries when they were babies. Since this was 30 years ago, my parents don't really remember what processes they had to go through and they used lawyers to do pretty much everything... So should we put my brothers' names down for question 10, or just leave them off? My parents don't really remember if they had to petition for a visa, and they don't really remember much of the process they went through at all.


If their adopted children immigrated to the US then they would have filed immigrant visa petitions for them.
JimVaPhuongMaleVietnam2011-08-15 10:05:00
K-1 Fiance(e) Visa Process & ProceduresAbout to Apply for K-1 Visa

Everything in the binder is in sheet protectors except for our facebook/skype records.


You're wasting your time and money. They're going to remove everything from the plastic sheet protectors, run them through their scanners, punch all of the pages at the top with two holes, and put them all in an "official" USCIS ACCO style binder. Your three-ring binder and plastic sheet protectors are going to go into the trash.

There used to be general guidance on the USCIS website for assembling a petition package but that was when petitions were being submitted directly to a service center. The Lockbox filing tips page no longer contains guidance for how to assemble the package, but there are several tips that directly address preparing the forms so that they can be electronically scanned.
JimVaPhuongMaleVietnam2011-08-15 10:23:00
K-1 Fiance(e) Visa Process & ProceduresGoing to America tomorrow

Would really like an answer, I'm leaving in a few hours. Is the passport and envelope all I need for the POE?


Yes, as far as I can remember.
JimVaPhuongMaleVietnam2011-08-15 09:37:00
K-1 Fiance(e) Visa Process & ProceduresGoing to America tomorrow

Hi!

FINALLY after all this wait I am going to America tomorrow! :dance: I can't wait to see my love again!!

I just have one quick question: all I need to bring with me as far as papers go is my passport/visa and the mystery envelope, right?

Thanks!


Bring any other records and documents you have. For example, you'll need your birth certificate for the AOS application.
JimVaPhuongMaleVietnam2011-08-14 19:06:00
K-1 Fiance(e) Visa Process & ProceduresF-129F with no blanks....what do you think?

Hello,

I have attached an example I-129F form with no blanks.

If you don't mind could you take a look and tell me what you think?

It is the VJ form with more N/A's and None's..

Please do not respond to read the directions about the form. Please just let me know what you think.

I have read the form directions multiple times, spent a lot of time on the USCIS site, and called their costumer service and just would like the peace of mind for someone to check this and let me know...

Thank you for your time and concern..


Looks ok. I'd put more in question 18 than "See attachment". I'd put a brief description of the meeting that satisfies the two-year meeting requirement, followed by "See attachment".

ok i did see something....

on Part A, #10
"Have you obtained a certificate of citizenship in your name"- MARK "NO" right????

I just sent my packet out the other day and this question was getting me confused (bc im a US citizen but born out of the country, and i dont have a certificate in my name name...)

but yeah, so...
MY CITIZENSHIP WAS AQUIRED THROUGH= "parents"
GIVE # OF CERTIFACTE= "n/a"
HAVE YOU OBTAINED A CERTIFACTE OF CITIZENSHIP IN YOUR NAME?= mark yes or no....
IF YES, GIVE CERTIFICATE #= "n/a"



*****if you really want to fill in ALL the blanks- dont forget that "yes or no" for part a #10.

i hope this helps a little. and i hope im right.


That would be correct in your case, but not in the case of someone born in the US. That question is only relevant to someone who acquired citizenship through a US citizen parent. For anyone else that question is irrelevant, and should not be answered.
JimVaPhuongMaleVietnam2011-08-16 22:50:00
K-1 Fiance(e) Visa Process & ProceduresShould my fiance come to interview and what is AP?

No, I have had multiple visa, M1, J1, B visas, and haved lived in US quite a bit, never did i overstay or anything. On my first interview after returning in January the CO said he was issuing me the visa, then a week later passport returned with the 214b refusal letter. I then re applied same month, got same guy he said ill get someone else to give you fair chance. And it was a few questions wouldnt look at my evidence and said no. I re applied this past may and got the same guy again he remembered me and again referred me to another officer then same thing. I feel this time the officer interviewing felt a little sympatheic and believed me, yet wouldn't look at my paperwork and refused me again :( I mean my main reason to want to return is my fiance, but i was looking forward to going back to school also and getting a degree.


214(b) deals with immigrant intent. The CO obviously believed you intended to immigrate. If they somehow knew you had a fiance in the US then that would explain why they suspected immigrant intent.

It won't be a problem with your K1. Immigrant intent is presumed and expected. In fact, this is how they WANT you to come to the US if you intend to marry a US citizen and stay here.
JimVaPhuongMaleVietnam2011-08-16 22:41:00
K-1 Fiance(e) Visa Process & ProceduresExpedite request denied, background check under way

Alright, so...I did submit my background check primarily because I had been arrested three times for simple possession of Schedule VI. However, two of these three have now been expunged, which USCIS will discover during the background check. So, will my arrests on misdemeanor marijuana possession charges potentially cause a petition rejection, in your opinion?


No. The reason you have to provide information about those convictions is because if the disclosure requirement of the IMBRA. The Act requires that your fiancee be given information about any relevant convictions before she gets a visa and marries you. If you had met through an organization that qualifies as an International Marriage Broker (IMB) under the act then the IMB would have been required to collect information about your convictions and provide it to your fiancee before they initiated contact between you.

The IMBRA is about disclosure - nothing else. The results of the investigation will be turned over to Department of State and a copy will be sent to your fiancee, along with a nicely written pamphlet about domestic violence and the rights of an abused spouse in the US.

The only time they might deny a petition because of IMBRA related convictions is if the petitioner is ALSO asking for a waiver of the multiple filing limitations (e.g., the petitioner has had an I-129F approved within the past two years, or filed two or more I-129F's at any time in the past). This is described in the I-129F form instructions.
JimVaPhuongMaleVietnam2011-08-16 23:03:00
K-1 Fiance(e) Visa Process & ProceduresFees for minor children?
Same fees. Same medical. For the most part, same forms and documentation. Many consulates also want to see additional evidence that the applicant is the biological parent, such as photos of parent and child over the years, school records, etc. It depends on how reliable birth certificates are in that country. In some countries it's pretty easy to get falsified documents by paying off a government official. She'll probably also need a quit claim, signed and notarized by the children's father, that gives his permission for the children to immigrate permanently to the US.

The consulate should provide specific instructions, but usually very young children don't need to attend the interview.
JimVaPhuongMaleVietnam2011-08-08 11:26:00
K-1 Fiance(e) Visa Process & ProceduresBeaurocrats Trying To Increase The Odds Of Failure?

Thanks Gary and Alla,

I am feeling more and more optimistic. I appreciate it very much.

Maybe the Immigration Attorney was trying to over-prepare us.

I would be very happy to know that the Government beaurocrats do not in any way try to increase the odds of failure.

I would be very happy to be wrong about them and I'd owe them an apology.

I have had bad experiences with Government employees in the past and I have read of some horror stories with Government beaurocrats in this forum, that seemed very unfair... That is why I have been negative, critical and worried in the past. Because I cannot see any reason to prevent law abiding citizens who are good people from being together... while treating violent, criminal or aggressive illegal immigrants as a welcome new U.S. voter base.

Again, I would be very happy to be wrong about Government beaurocrats and I would feel bad about judging them and speaking harshly of them. And I would make an apology to all who might have been offended.

Thanks again,

notmuch88tosay


There are only a few things the consular officer will be concerned about. Is the beneficiary inadmissible as defined in INA 212? Is the petitioner ineligible to file a family based visa petition? Is the relationship a sham primarily to evade immigration law? Is the petitioner financially qualified to sponsor an immigrant? Have all aspects of the relevant immigration laws been complied with?

Most of this stuff can be proven with documentary evidence. The sham relationship determination is discretionary, and it's the requirement that gives more people problems than any other, especially in countries that have a high rate of visa fraud.

When a consular officer denies a K1 or CR1 visa they do sometimes cite that the petitioner and beneficiary do not appear to share a common language. I have never seen a denial where this was the only reason cited. Rather, it's included in a list of reasons that help support the conclusion that the relationship is likely a sham. I've also seen the common language reason cited in a few cases where it clearly wasn't true - where it was obvious from the evidence submitted that the petitioner spoke the beneficiary's language fluently. The point is that the visa wasn't denied because the CO thought they didn't share a common language. In fact, none of the items in the bullet list of reasons given by the CO are the main reason for the denial. The visa is denied because the CO believes the relationship is a sham, and the list of reasons on the denial sheet are only some of the clues that led the CO to that conclusion.

The CO spends no more than 10 or 15 minutes with the case file before the interview. Usually, the initial decision is made by reviewing the case file. You should think about the information the CO will be looking at in your case file, and what sort of impression it's likely to make. If there's anything in your case file that you think might get the CO's attention then that's what you want to be prepared to address at the interview. The language issue is usually an afterthought, added after the CO has already racked up a lot of points against the beneficiary.

When my wife went to her interview her English skills were weak, and my Vietnamese skills were much weaker. The first thing the CO asked was "Do you speak English?". She said "Yes, but for interview, please, Vietnamese." At that time, her accent was extremely heavy, and she couldn't pronounce most consonant sounds at the end of words. For example, she said "plea" instead of "please", and "Vietnamee" instead of "Vietnamese".

The rest of the interview - only four questions - were in Vietnamese. The decision had been made before she ever walked up to the window. She saw the pink approval sheet already filled out and waiting for the CO's signature. :thumbs:
JimVaPhuongMaleVietnam2011-08-14 19:39:00
K-1 Fiance(e) Visa Process & ProceduresOriginal birth certificates, etc.

Thank you. So would you suggest that I have her go back to the Amphur and have all the copies stamped again with fresh stamps? Then those can be considered the certified originals? She doesn't have the originals. I want her to be prepared in case the CO does ask for any, and this is the next best thing I would think. From what you said, it sounds like you haven't heard of any CO asking for originals?


"Original" means the original document obtained from the government office; i.e., the paper which was stamped when it was issued. They realize the Amphur isn't going to give her the actual original document from their files.
JimVaPhuongMaleVietnam2011-08-19 19:59:00