Forum	Title	Content	Member	Sex	Country	Date/Time
K-1 Fiance(e) Visa Process & Procedures	Interview today, denied due to U.S. Citizen father	The question is when were you born, and how long had your father resided in the US at that time? The residency requirements to confer citizenship to a child born abroad changed several times over the years. The laws which were in effect at the time you were born will determine what residency requirements will be applied. There's a questionnaire on the page which Harpa provided a link to which describes the different periods in the history of US immigration law, and what the residency requirements were for each period: http://photos.state....citizenship.pdf The CRBA is not the path you want. CRBA's are for parents claiming citizenship on behalf of their minor child. An adult over 18 years of age would make this claim on their own. If it turns out you have a basis to claim citizenship then you must complete that process and get a US passport. You won't be eligible for a visa. If it turns out you don't have a claim to US citizenship because your father didn't meet the residency requirement at the time you were born then you just need to provide proof of that to the consulate and you should be able to proceed with the K1 and K2. You don't ask the US government for dual citizenship. The US doesn't recognize dual citizenship. It just happens to be a quirk of the way that the immigration law works in Canada that becoming a citizen of the US doesn't automatically revoke your Canadian citizenship. Canada would recognize you as a dual citizen, and the US would recognize you only as a US citizen. The only practical difference here is that if you get into trouble in the US then you can't expect the US government to provide you access to the Canadian Embassy. As far as the US is concerned, you wouldn't be a Canadian anymore. If it turns out that you've got a claim to US citizenship from birth then your child would not derive citizenship from you at birth because you would not have met the residency requirements. You'd have to apply for an IR2 immigrant visa for your child. When your child is admitted into the US in your custody with an immigrant visa then your child would become a US citizen. Make sure you file for a certificate of citizenship and/or US passport for the child to avoid any future problems if your child leaves the US.	JimVaPhuong	Male	Vietnam	2011-07-09 12:51:00
K-1 Fiance(e) Visa Process & Procedures	sec 221g new Delhi embassy for K1	Hi all, I gave my interview, and with the passport was given the denial that Visa cannot be granted as there is no proof of ongoing relation. Immediately the case was filed in for revoke and we protested at the DOS, and in response were told that embassy has put our case under 221g, pending submission of documents and oath. everything happened withing a period of 1 month, the denial, protest and the sec 221 g. Could anyone please help as in what this means, what should i be doing, and what documents should proof the ongoing relation and what shall be the time frame in this scenario. Thank You They're providing you an opportunity to overcome the 221(g) with additional evidence. If I were you I'd send them a truckload of evidence - everything you've got. This is probably your last chance to stop the petition from being returned to USCIS. The timeframe should have been outlined in the notice you got. If it wasn't then presume that you have very little time, and try to get the evidence to them within the next few weeks.	JimVaPhuong	Male	Vietnam	2011-07-09 12:24:00
K-1 Fiance(e) Visa Process & Procedures	RFE Proof of Citizenship or residency	Thanks for replying to my post. I understand that she has to be the one explaining her situation but I thought may be if I stop by and drop it off myself they may let me know if the doc is satisfactory so that we can start the process of withrawing her asylum in order to get her password which is being held by the Canadian government. I presume you meant "passport" and not "password". I'd be very careful about withdrawing her asylum application. If you do that then I would think she'd lose her status in Canada. Without lawful status she wouldn't be able to apply for a visa to the US at a consulate in Canada - she'd have to return to her home country, which you've already said is exactly what you DON'T want. I realize she can't get a visa without a passport, so this seems like a catch 22. Maybe she could apply for a replacement passport at her home country's embassy.	JimVaPhuong	Male	Vietnam	2011-06-11 21:02:00
K-1 Fiance(e) Visa Process & Procedures	Stuck and cant move	I'd recommend marrying in the Dominican Republic. Your mom will be able to get a visa to the DR much easier than his family will be able to get visas to visit the US. After you're married then come back to the US and file a spousal visa petition for him. I'd also recommend waiting a little while before you get married. You only met face-to-face last month.	JimVaPhuong	Male	Vietnam	2011-07-11 01:33:00
K-1 Fiance(e) Visa Process & Procedures	K1 visa	Hello, I just recently come to a decision making to register at VisaJourney.com. Well, I just recently submitted my package 3 back to U.S Embassy in Phonm Penh, Cambodia. I returned the signed checklist, I-134 of myself and my sister who is co-sponsoring for me, and form DS-230 part 1. My question is: When my fiance go to the interview do I still need to give her a copy of my sister and I our income tax information again? Since I already submitted with the I-134. Thank you for you time What did the packet 3 instructions say? Were you supposed to send the I-134 with the checklist and DS-230? Most consulates want you to bring the I-134 to the interview.	JimVaPhuong	Male	Vietnam	2011-07-11 10:00:00
K-1 Fiance(e) Visa Process & Procedures	When we marry...	As long as the flight is direct from the US mainland then it's considered a domestic flight. You shouldn't have to go through customs. US citizens and LPR's only need US issued identification, the same as you'd need for any domestic travel. A K1 visa holder should have their foreign passport and unexpired I-94. Puerto Rico is not a US state, but it's considered part of the geographical United States under Title 8. You'll need a health clearance to get a marriage license in Puerto Rico. I'm not sure what that entails. I only see vague references to it on the internet.	JimVaPhuong	Male	Vietnam	2011-07-11 01:25:00
K-1 Fiance(e) Visa Process & Procedures	the red flag??	We simply haven't checked up ours emailes when have sent them together with the petition. In letters the information about vasectomy contains. Any other documents. Thanks everybody for answers and the help. I very much appreciate yours the help. I have a little relaxed. Why on earth did you send emails with the petition?	JimVaPhuong	Male	Vietnam	2011-07-12 01:02:00
K-1 Fiance(e) Visa Process & Procedures	Affadavit of Support worries hellpp please	It's up to the consular officer to make that call, but most will accept current income if you can prove it's sufficient, and if you can convince them it's likely to continue for the foreseeable future. This means save your paystubs, and get a letter from your employer stating that you're a full-time permanent employee.	JimVaPhuong	Male	Vietnam	2011-07-12 21:18:00
K-1 Fiance(e) Visa Process & Procedures	Orig BC and Divorce Decree	To ALL of YOU who found time to reply, thanks a lot! Really appreciate it. But now that I'm getting conflicting answers, the more i get confused. When we first started this journey, I thought they're not required. Although i understand that the CO may request for all the originals of all the civil documents we submitted in the K1 packet during the embassy interview but I know they don't usually require the originals. hmmm... I'm only having second thoughts about sending the originals coz i already had a terrible experience with one of the big couriers we have here. For those who want to chime in, please feel free. The more, the merrier (although sometimes it is even more confusing). Again, thanks a lot! You answered your own question. People recommend sending the originals because the consular officer can ask to inspect them (though they usually don't). If they do ask to examine an original document and your fiancee doesn't have it then it will delay getting the visa. The only times a consular officer might ask to inspect an original document when a copy was submitted with the petition is if something isn't clearly legible on the copy, or if something about the copy makes it appear as if the copy may have been altered or tampered with. BTW, the only person who could certify a copy of a document is authentic is the custodian of the original document (e.g., the state vital statistics office or a court clerk's office). A notary couldn't certify that a copy of a document is authentic because they have no way of knowing if the original document is authentic. Basically, any statement a notary could make would amount to something like "This guy, who identified himself as Joe Smith, brought a document to me and asked me to copy it. I certify that this is a copy of the document he brought to me." A notary's primary job in the US is to act as a legal witness to oaths and signatures. They don't verify the authenticity of documents.	JimVaPhuong	Male	Vietnam	2011-07-13 09:54:00
K-1 Fiance(e) Visa Process & Procedures	expat benefit filing in home country	My fiance (beneficiary, Japanese Citizen) and I (US citizen) are filing for a K-1 visa. She works and lives in Shanghai, China. I live in the US. For convenience, we would like to file through the US Embassy in Tokyo, Japan. Does anyone have any experience with this? Are we able to file through the US Embassy in Japan even though she is NOT a Resident of Japan (she is a Japanese citizen)? An alien can always interview in their country of citizenship. Interviewing in a country other than the one you're currently living in is generally only a problem if you're neither a citizen or legal resident of the other country. Make sure she gets a police certificate from China before she returns to Japan. Edit: She would have to actually return to Japan for the interview. I presume this is what you meant. Edited by JimVaPhuong, 15 July 2011 - 01:37 AM.	JimVaPhuong	Male	Vietnam	2011-07-15 01:36:00
K-1 Fiance(e) Visa Process & Procedures	I-134 ( affidavit of support problems)	What i earn is tax return or the tax i pay is tax return ?? Do i need W2 as well because i do not even know what that is ?? My boss is my co-sponsor and she is self employed, What documents does she has to prepare ?? A "tax return" is one or more forms and supporting documents which you send to the IRS every year. Those forms and supporting documents summarize your earnings, deductions, exemptions, credits, and taxes. One of those forms will be an IRS form 1040, 1040A, or 104EZ. If you use a tax consultant or tax preparation software then you might not actually see these forms since the information can be sent to the IRS over the internet. So, what you earn and tax you pay are both shown on your tax return. If you are a regular employee then your employer is required to give you a W2 form every January, usually four copies. This form summarizes your earnings and taxes withheld for the prior year. You use the W2 to help prepare your tax return forms. If you mail your tax return to the IRS then you'd include a copy of your W2 with the return. Your boss has to provide proof of her income, the same as you. A copy of her most recent tax return or an IRS transcript of that tax return (you can get transcripts by calling the IRS - they're free). She won't have paystubs, so she might have to submit bank statements instead. She'll also need to sign an affidavit of support, and provide proof that she's either a US citizen or LPR.	JimVaPhuong	Male	Vietnam	2011-07-15 09:01:00
K-1 Fiance(e) Visa Process & Procedures	So many questions RE Fiance Visa	If you're receiving alimony then that would end when you remarry, so it's not qualifying income for an affidavit of support. If you're receiving spousal support then that would end when the family court says it ends. Whether it would be considered for an affidavit of support would depend on how much longer he's required to pay it. Child support does not end until the child is at least 18 years old, regardless of whether or not you remarry. It might be qualifying income if it's expected to be received for at least a few more years. If these payments are voluntary and not included in your divorce settlement and court order then they probably won't consider it. Support payments have no "teeth" if they're not backed by a court order. Some consulates become very suspicious when the petitioner has recently divorced - they suspect that the petitioner is complicit in an arrangement to help the beneficiary immigrate, and that the divorce was obtained only to make the petitioner eligible to submit a petition. The suspicion grows when there is evidence that the petitioner maintains a relationship with their ex-spouse - a marriage that was terminated for convenience would probably be resumed when the beneficiary's immigration status has been obtained. Having an ex-spouse act as joint sponsor would be an indication that the petitioner and ex-spouse still have a relationship. Another potentially suspicious fact is a petitioner will little or no earned income - the petitioner might have a monetary motive to help the beneficiary immigrant; e.g., they might be getting paid. An ex-spouse who pays support and visits their children is not a problem. Anything beyond that begins to get suspicious. I don't know how difficult or suspicious the consulate in Portugal is. I wouldn't go anywhere near the consulate in Vietnam with that situation. I'd want at least six months to a year between the final divorce and the petition filing. I'd want one or two more face-to-face visits to back up the relationship evidence. I wouldn't want my ex having any involvement whatsoever in the process. I'd want a joint sponsor who was from my side of the family or was a friend of mine. The affidavit of support is submitted at the K1 interview. That's when you'll need the income evidence. You don't send anything with the petition about this.	JimVaPhuong	Male	Vietnam	2011-07-15 09:29:00
K-1 Fiance(e) Visa Process & Procedures	Background & Credit	I recently read a post on here about a man's visa petition being denied because of filing bankruptcy. And I know I have asked about background checks and credit before - but his post made me worry!! So, my question is, do they do a credit check in your background check? My credit is not awful - but it's not 100% amazing either. I have recently finished a debt consolidation program due to debt accrued in college. Will this be a reason for a denial of the K1 petition? Thanks for the information!! According to the VJ timeline I am only a few days away from being in the time range for an approval - so I'm paranoid about everything the closer it gets to a possible approval/denial/NOA2 A visa petition would never be denied for a bankruptcy, though it's possible a visa could be denied because of it. It depends on how thorough the consulate is when they conduct their checks. I've never heard of them pulling a credit report, but I have heard of them getting a background report from Lexis Nexis. A bankruptcy would show up in a Lexis Nexis report, which is probably where the consulate got the information in the other case you're referring to. The sort of things that show up in a Lexis Nexis report are criminal history, education, motor vehicle records, property ownership records, insurance claims records, business records and licenses, and bankruptcies. Consulates in high fraud countries sometimes use information from the report to grill the beneficiary at the interview. For example, they might ask how long the US citizen fiance has owned their home, or what sort of business the US citizen fiance owns. With the report, they'll know whether or not the beneficiary's answer is correct.	JimVaPhuong	Male	Vietnam	2011-07-17 19:59:00
K-1 Fiance(e) Visa Process & Procedures	Anybody know how they process K1s?	I'm just wondering if anybody knows how petitions are processed. I've noticed that some people who received their NOA1's after I did are being approved (huge congrats to you guys btw!!) and one of my friends is still waiting to hear something and she is a Feb filer!! My case is pretty easy as far as I can tell from what people have posted on here regarding red flags....so why the petitions being processed out of order?? I know that I have not reached the 5 month mark yet - and I am prepared to wait until then to get really super frustrated - however - if I knew why (or possible reasons) petitions are processed out of order - it might make the wait a bit easier! THANKS There's a whole lot of reasons this could happen. If the petitions are being handled at different service centers then there's no correlation at all. The different service centers have different workloads. If they're at the same service center then they'll usually be fairly consistent, but they don't process them in exactly the order they come in. Each petition goes into a box. When the box is full it goes into a storage area in chronological order. When an adjudicator has finished the petitions they're currently working on then they take the next box on the shelf. Some adjudicators work faster than others. For example, one adjudicator might finish the files in a box in the same time it takes another adjudicator to finish half a box of files. Some cases need RFE's and wait longer. Some cases need additional investigations and wait longer. A variety of factors could cause one petition to be held up while other petitions move ahead.	JimVaPhuong	Male	Vietnam	2011-07-18 11:39:00
K-1 Fiance(e) Visa Process & Procedures	decision based on ??	Hi, I keep hearing about this "Culture Norm" can you please tell me in your own words what exactly is Moroccan Culture and from where do people get these ideas. I have spent the last 2 years traveling back and forth to Morocco and I seem to see everything completely different than what most are saying here. I would love to hear your thoughts on Culture Norm when it comes to age difference as well. Thanks... It doesn't matter what anyone here thinks is culturally normal in Morocco. For that matter, it doesn't matter what Moroccans think is culturally normal. It matters what the consulate has determined to be culturally normal. I mentioned the engagement ceremony being a prerequisite in Vietnam. In reality, this is a very old tradition that many Vietnamese people don't bother with anymore, especially in the larger cities. They've become more modern, and western style engagements are very common. In spite of that, it's well known here on VJ and other immigration related sites that the CO's in HCMC routinely deny visas if the beneficiary and petitioner never had one of these traditional ceremonies and the party the follows it. In their eyes, someone engaged in visa fraud would do the bare minimum they thought they needed to do in order to get the visa. Apparently, not having an engagement ceremony or having a very small ceremony is a common factor they see in fraud cases, so they've determined it's a red flag based on their interpretation of local cultural norms. I assume the consulate in Casa has made the same determination based on prior experience that an older female petitioner and a younger male beneficiary is a common factor in many fraud cases, and therefore should be a red flag.	JimVaPhuong	Male	Vietnam	2011-07-18 12:23:00
K-1 Fiance(e) Visa Process & Procedures	decision based on ??	Hi Jim, I understand that the consulate does not apply the Quran in determining whether or not to give a visa or not, but I just don't see the big deal when it comes to age difference in Morocco. My husband would have been the first to tell me if that was the case when we started chatting 3 years ago, as he is dedicated to his culture and beliefs. Jim, I guess it really all depends in the person falling in love. We love and fall in love for many reasons, and I am so happy to have found this wonderful man that loves me the way a woman should be loved. I cannot generalize anyone for loving someone, its a beautiful thing. Yes, of course, but the consular officer can only get a vague sense of whether there is love in a relationship. They spend maybe ten minutes with your file before the interview - sometimes less. There are specific things they are trained to look for which are both positive and negative factors. These things stand out to the CO like a sore thumb. They don't publish a comprehensive list of what those factors are because they don't want to tip their hand, and they also don't want to compromise the discretion the law gives them. VJ members have gotten a pretty good sense for what constitutes both the positive and negative factors at any specific consulate based on the experience of others over time. The issue of age has come up repeatedly at the consulate in Casa. People know it's an issue because of the questions the CO asks. "Why are you marrying a woman who is so much older than you?" "Why would you marry a woman who can't give you children?" The process is a balancing act on the part of the CO. They weigh the positives and negatives to make a decision. In your case, the CO noticed your age because he made a comment about it, so obviously it's something they were looking for. Apparently, they didn't see enough other negative factors to outweigh the positive factors, and they issued the visa. If the CO had not seen any positive factors in your case then the outcome might have been very different - one negative factor weighs a lot when there aren't any positive factors to balance it out.	JimVaPhuong	Male	Vietnam	2011-07-17 21:34:00
K-1 Fiance(e) Visa Process & Procedures	decision based on ??	Well I cannot say much as I still am learning each and every day about Islam from my husband. However, my husband seems to disagree about this age difference issue since we are 15 years a part. To say that Moroccan men or the muslim culture do not marry older women is a generalization. My husband says let me show you some proof about our Prophet Mohammed. When people hear that the prophet had many wives they conclude without much thought that the prophet was a sensuous man. However, a quick historical review of his marriages, proves otherwise. (quote) When the PROPHET MOHAMMED was twenty-five years old he married for the first time. His wife, Khadijah, was fifteen years older than he. She remained the only wife of the prophet for the next twenty-five years, until she died (may Allah be pleased with her). Only after her death, did the prophet marry other women. Now, it is obvious that if the prophet was after physical pleasure he did not have to wait until he was more than fifty years old to start marrying more wives. He lived in a society in which it was quite acceptable to have many wives. But the prophet remained devoted to his only wife for twenty-five years. When she died she was sixty-five years old. His later marriages were for various reasons. Some marriages were with the view to help the women whose husbands had been killed while they were defending their faith. Others were with a view to cement relationships with devoted followers like Abu Bakr, may Allah be pleased with him. Yet others were to build bridges with various tribes who were otherwise at war with the Muslims. When the prophet became their relative through marriage, their hostilities calmed down, and much bloodshed was averted. ********* So after reading this, I find myself wondering why there is so much generalization amongst others from non muslim countries about this age difference topic when clearly there Prophet Mohammed married a much older woman. As far as children, there is nothing in the Koran that says bearing children is a must. Children are encouraged in any religion and every society and from an islamic prospective, there is nothing that says YOU MUST marry a woman to bare children. I cannot have any more children and my fiance knew this when we were dating and this was never an issue for us and he is a wonderful step dad to my daughter. Most of the CO's that live in a muslim country know the history behind the Prophet Mohammed and his older wife, so why in the world would they hold this against muslim men???? marrying older woman when their Prophet did the same thing. Any ways, my husband was disturbed about this age difference topic and I am just listening to what he is saying. The excuse "It was ok for Muhammad" has been tried at the consulate in Casa. It doesn't work. Just because Muhammad did something does not make it religiously or culturally normal for other Muslims to do it, and some of the things Muhammad did are specifically forbidden for other Muslims to do. For instance, the Quran explicitly sets a limit on the number of wives a Muslim man may have at four, and also specifically makes an exception for Muhammad, who had more than twice this number. Yes, Khadija was 15 years his elder at the time of their marriage. Conversely, Aisha was more than 40 years his younger. His marriage to Aisha was more typical of Arab culture at the time since Aisha was just entering her child bearing years. By a quirk of fate, Khadija bore him a daughter, Fatimah, while Aisha never bore any children. Anyway, the consular officers in Casa do not apply the Quran in determining whether a relationship may or may not be primarily for the purpose of evading immigration law. They apply an understanding of the local social customs. In spite of the Prophet's marriage to Khadija, it's not typical for a young muslim man in Morocco to marry a much older woman. While age differences are not unusual, it's usually the male who is older.	JimVaPhuong	Male	Vietnam	2011-07-17 19:40:00
K-1 Fiance(e) Visa Process & Procedures	decision based on ??	People should be careful to compare what is considered a red flag in Casablanca and what is considered a red flag in other countries. They are often widely different. I mentioned Vietnam in my previous post only to point out that the format of the denial slips is different from those in Casa, but if I were to focus on the specific red flags at the consulate in Vietnam they would bear little resemblance to the ones at the consulate in Casa. In Vietnam it's considered compulsory to have a traditional engagement ceremony followed by a large party with guests often numbering in the hundreds. Not having one of these costly affairs is quite often a deal breaker for either a K1 or a CR1 visa. There's nothing even remotely similar in Casa. On the other hand, the petitioner and beneficiary being different religions (often Christian and Buddhist) is not the least bit unusual in Vietnam, where it can be a deal breaker in Casa. A large age difference in Vietnam is a very minor red flag. It's a huge red flag in Casa, especially if elder fiancee is a woman past or near the end of her child bearing years. One of the most important reasons for marriage in Islamic culture is to produce children. In a nutshell, personal opinions about the relevance of a large age difference, and comparisons with countries other than Morocco, are practically useless. The OP is dealing with the consulate in Casablanca, and a large age difference with an older female petitioner IS a red flag at that consulate.	JimVaPhuong	Male	Vietnam	2011-07-15 01:59:00
K-1 Fiance(e) Visa Process & Procedures	decision based on ??	I honestly think that after almost 4 yrs. of relationship, age should not be a factor and social norm or not is not the issue here. He's been married before as I have and again, why should that me a matter. Relationship was proven in my point of view, all evidence submitted, paperwork in place, proof of sound relationship. Every consulate is unique in this respect. They spend years developing their rule book that defines what the characteristics are of a fraudulent relationship, and those characteristics change from one country to another. Quite often, these characteristics are factors which would not be very common in a typical relationship in that country. Whether those factors can be overcome with other positive factors, like a long relationship, will again depend on the country. Somewhere along the way the consulate in Casa determined that a lot of fraud cases involved an older woman petitioning for a younger man. Ever since then it's been considered a red flag. Someone else mentioned that they can't cite it as a reason to deny the visa. In actuality, they can, but it's not one of the standard check boxes on the K1 refusal sheet they use at Casa. Usually they just check the box that has a generic 221(g) refusal statement next to it. The consulate in Vietnam also uses generic canned statements like the ones on the Casa worksheet, but they don't use preprinted refusal forms with check boxes. They print up a new sheet for each denied visa, and often include some specific reasons for the denial. One reason they frequently cite is circumstances which are "contrary to local traditional and social norms".	JimVaPhuong	Male	Vietnam	2011-07-14 00:08:00
K-1 Fiance(e) Visa Process & Procedures	Drivers License	When to arrive in USA on my K1 Visa will I get the I-94 stamp upon arrival or (i-94 stamp) in my pport? The state to which I am moving says I need certain documentation to test for my state drivers license. Beyond SSN to reflect my new married name and mail to prove of residence I must show this I-94. Is this only obtained once to receive AOS or can I do this shortly after I arrive (after married and ssn)? The I-94 is a card you'll fill out on the plane before arriving in the US. The immigration officer will tear off and keep the top half of the form with your biographical information on it, they'll stamp the bottom part with a rubber stamp and write on it your class of entry (K1) and expiration date (90 days from the day you enter) and they'll staple the stub into your passport. Check the laws in the state where you'll be living. Some states won't issue a driver's license if an I-94 is used as proof of lawful presence unless there is at least some number of days remaining on the I-94. In California, the I-94 must have at least 60 days remaining validity. It would be practically impossible to get a Social Security card and complete the written and driving tests in the first 30 days after arriving in the US. You might have to wait until you get the EAD or green card.	JimVaPhuong	Male	Vietnam	2011-07-18 12:30:00
K-1 Fiance(e) Visa Process & Procedures	Assuming visa denial	he is renting a house and charges roomate.. and he is wondering if he can declare the rent? Probably not. If he owned the house and didn't live in it then he could declare the rent he collects as income.	JimVaPhuong	Male	Vietnam	2011-07-16 11:37:00
K-1 Fiance(e) Visa Process & Procedures	K1 INTERVIEW Questions	Looks like the "How we met" I-129 F that he sent with the petition has some discrepancies with the actual dates. I actually helped him with it and we kind of got confused with the dates. I-129F Supplement: Part B Question 18, Explanation of Meeting in Person He was here for only 8 days, August 29 should be June 29, while August 30 should be June 30. Would this sound suspicious to the CO? It does seem confusing. I was telling my fiance he should fly here ASAP to accompany me to the interview to avoid suspicions that our relationship is not real (given the inaccurate details). We only have two weeks before the interview and it's hard to file for a vacation at work. This makes me really really paranoid right now The dates are material facts because they establish the eligibility of the petitioner to file a petition. However, the true facts would not change the outcome of a USCIS decision to approve or deny the petition. Therefore, it's irrelevant. Have him prepare a revised statement with the correct dates and be prepared to submit it at the interview. It's always a good idea if the petitioner can go to the interview, even at consulates where they're not allowed to go inside.	JimVaPhuong	Male	Vietnam	2011-07-18 11:54:00
K-1 Fiance(e) Visa Process & Procedures	HRR, two year residency requirement?	Well the J1 expried on 22nd October and the 3 times I went to US was not under a US visa (ESTA/Tourist Visa) which I don't think is violation of the HRR. We filed the K! petition in February and have not been to the US whilst it is processing. Entering using the VWP is not a violation of the HRR. You just can't get an H, L, K, or any immigrant visa until you've either completed the required two years of home residency or obtained a waiver.	JimVaPhuong	Male	Vietnam	2011-07-18 11:48:00
K-1 Fiance(e) Visa Process & Procedures	married to us citizen with convictions	QUOTE (utopia2004 @ Oct 8 2009, 01:17 AM) <{POST_SNAPBACK}> C1R does sound like the best option... I have just read that there is possibility of me co sponsoring? We can also get his dad to co sponser, as he has assets? but hopefully he will have a proper job in construction when he gets out anyway in 4 months, although he might not get one straight away. Is there a combination of things that i can make up the sponsership with? I.e his money, my money, his dads money, asset/ tax returns? Thanks everyone for all your help Read the instructions for the I-864 affidavit of support. It spells out in detail who can sponsor, and under what circumstances sponsors can combine income. http://www.uscis.gov.../form/I-864.pdf Income from relatives or dependents of the primary sponsor can be included with the primary sponsor's income, provided those relatives live in the same household or are listed as dependents on the primary sponsor's tax return. Income from the immigrant can also be included with the primary sponsor's income, provided that income will come from the same source before and after immigration (e.g., you're going to keep the same job after moving to the US). Assets from combined sponsors can also be included, and they offset income by 1/3 their value. In other words, $6000 in the bank will make up for a $2000 shortage in income. Bear in mind that piling on combined sponsors also increases the household size, which further increases the minimum income required. Combining sponsors can get complicated and messy. Most people don't go this route, and instead get a joint sponsor or co-sponsor who can qualify on their own merits without combining income with anyone else. A co-sponsor doesn't have to be a relative living in the same household, or a dependent on the primary sponsor's tax return. A co-sponsor doesn't even have to be related to the primary sponsor in any way. Any US citizen or LPR living in the US can be a co-sponsor. A co-sponsor also doesn't have to include the primary sponsor or any of the primary sponsor's dependents in their household size - they only have to include their own dependents plus the immigrant.	JimVaPhuong	Male	Vietnam	2009-10-08 07:40:00
K-1 Fiance(e) Visa Process & Procedures	USCIS Web Page Updates	I got my receipt number for my 129F application for a K-1 visa, with a receipt date of May 13, 2011. I have tried several times to get into USCIS to check status - with no result. Last week, I decided to call the 1-800 number on the receipt to make sure there is no problem. I was transferred from the national call center to another office, where the representative told me that these "marriage" type of applications are not logged into the system and so my receipt number would never work on the USCIS website to check for updates. He told me that I would, however, be able to sign up for text updates. I went to the USCIS web page to sign up for text updates, but the program did not work. It seems to me from reading this site that other K-1 applicants are checking their status on the USCIS web page. Am I wrong? Whoever you talked to was an idiot (no surprise there). You can check the status on the USCIS web site. The receipt number you enter should begin with the three letter abbreviation for the service center that's handling the petition - EAC for Vermont and WAC for California. It's not unusual for a case not to be transferred to the online ECRIS system. ECRIS is not the same computer system that USCIS uses internally. Minimal case status information is transferred from the USCIS internal system to the ECRIS online system daily by an automated program. The program will skip cases that have a variety of different types of markers. For example, if a case is being adjudicated then it might be marked "pending", and the program would not attempt to update it's status on ECRIS. Workers at USCIS frequently forget to clear these markers, and the case status doesn't get updated on ECRIS. It's nothing to worry about. It doesn't mean your file is lost or that nobody will ever work on it. It just means that ECRIS is not particularly reliable for monitoring your case status.	JimVaPhuong	Male	Vietnam	2011-07-21 12:04:00
K-1 Fiance(e) Visa Process & Procedures	Passport style photo	Quick question. About to take my passport-style photo today for my I-130. At the moment I have a nicely trimmed beard. Should I shave this off for my photo? Don't know why you'd think you need to shave your beard. The photo should represent you as you normally look, just as it would in a passport. If you're wearing a beard in the other photos you're submitting then all the more reason NOT to shave it off. BTW, next time, instead of resurrecting a two year old thread, start a new thread for your question and give it a descriptive subject line. It makes it easier for people to find information on the forum using the search function.	JimVaPhuong	Male	Vietnam	2011-07-21 09:34:00
K-1 Fiance(e) Visa Process & Procedures	Extreme hardships?	I will talk about these steps with her tomorrow. I think the moving to lithuania for a year could maybe be done As well if its easier, but i doubt i will ever be able to get a job there not speaking the language but i will talk to her tomorrow. Now I'm confused. First, you said you wanted to ask for a hardship waiver of the two year meeting requirement based on the fact that you have to stay in the US and take care of your parents. Then you said your annual income is $15K, which is barely enough to support one person in rural West Virginia, much less two sick parents. Now you say you can possibly move to Lithuania for a year, presumably leaving your parents to fend for themselves. If you can leave your parents for a year then you don't need a hardship waiver. What the new member "richardjerome22" said about co-sponsors here is generally correct. What he said about not needing to save any money is hogwash. A co-sponsor (more properly called a "joint sponsor") will help you meet the financial requirements for the "public charge" determination at the consulate and with USCIS. All they need to do is sign the affidavit of support and provide their financial records to prove they meet the minimum requirements to sponsor an immigrant. However, signing a form won't pay for the petition fee, the medical fees, the visa fees, or the adjustment of status fees. It also won't pay for the airline tickets, or any other expenses related to traveling in either direction. Unless your joint sponsor is extremely magnanimous, you've got some substantial out-of-pocket expenses to look forward to. A joint sponsor will only help you get around the minimum income requirements. If you decide to get married first and file for a spousal visa then it will cost less than a K1, but you'll still need at least $5K or so for everything, including airline tickets.	JimVaPhuong	Male	Vietnam	2011-07-21 21:29:00
K-1 Fiance(e) Visa Process & Procedures	Extreme hardships?	They are hardships for me, not so much the hormonal part really but the finacial part, and her well being. But i understand there unexceptable as hard ships to government. A friend of mine told me to consult an attourney because he said theres other ways of bringing her to the us to marry without many problems. So i may try it. Many thanks to all your replies. If worst turns worse i will probably save to meet her in spain since its cheaper and then file for the k1 fiancee after 2 years of meeting. I will save our plane tickets so she can present as proof for her interview when the time comes. You misunderstand. You don't file two years after meeting. You must have been together, face-to-face, within the two years prior to filing. If you met today you could file tomorrow. The worst kind of "hardship" you could possibly try to claim with USCIS is financial hardship. Financial troubles will cause you problems at every step of the way. Meeting one time, face-to-face, within the past two years is all that's required by USCIS. However, some consulates want to see more than one meeting before they're convinced the relationship is genuine. This means more airline tickets. It often helps at the interview if the petitioner is present. Again, more travel expenses. You need to submit an affidavit of support to convince the consulate that you meet the minimum requirements to sponsor an immigrant. After that, you need to pay the travel expenses for your fiancee to come to the US, and then pay for the wedding within 90 days. You need to submit another affidavit of support when you apply for the green card. Then there are the fees. There's a fee for filing the I-129F petition. There's a fee for the medical and visa application. There's a substantial fee (over $1000) for the green card application. If you don't have enough money to "pay as you go" then you need to start saving. Everything included, you may spend upwards of $10,000. USCIS accepts fee waiver applications for many types of petitions, but not for K1's or any type of petition that requires a financial sponsor. They also don't accept financial hardship when asking for a waiver of the two year meeting requirement.	JimVaPhuong	Male	Vietnam	2011-07-21 11:54:00
K-1 Fiance(e) Visa Process & Procedures	Extreme hardships?	I live in the usa im a citizen and want to bring my fiancee from lithuania here to get married we dont have proof we met 2 years ago because my mom is very sick with severe lupus so i need to attend to her needs and help her also my dad has gotten operated in his leg so he needs my help to. As well as traveling to my fiancee country would be a hardship for me because i could loose a new job im probably getting, her being far has. As well brought ne depression, she wants to come here to stay with me and help out anyway she can. Can this be used as a case for extreme hardship? Also i dont know if it help adding it in there but we dont wana have sex before marraige due to reliogious reasons and we're afraid it would happen if we met since we're in our 20s and have raging hormones. I agree with the others. Everything you've listed as a potential hardship can be overcome. You'd need a reason that is practically impossible to overcome. For example, if you needed daily dialysis and she had been turned down repeatedly for a tourist visa. A lot of relationships that began long distance end up falling apart at the first face-to-face meeting. You really should arrange to go and meet her before you commit to marriage.	JimVaPhuong	Male	Vietnam	2011-07-21 09:29:00
K-1 Fiance(e) Visa Process & Procedures	k1 for jamaican fiance who's daughter is a US citizen	Hi! My Jamaican fiance has a 13 year old daughter who is a US citizen (born in the US). Her maternal grandmother has custody of her and she lives with her in Jamaica. I included her info on the perition, but stated that she will remain in Jamaica with her grandmother. Will this cause any issues with the visa? Does he (my fiance) need to provide any additional paperwork, etc. regarding his daughter? Thank you! No, he doesn't have to provide any additional information. If his daughter ever decides to come to the US then she won't need permission from the US government because she's a US citizen. Listing her on the petition was the correct thing to do.	JimVaPhuong	Male	Vietnam	2011-07-23 10:30:00
K-1 Fiance(e) Visa Process & Procedures	evidence of engagement to fiancee	hi, me and my fiance are engaged but we dont have any parties and stuff,, but we have a ring in my finger when he proposed. u think i will be ask for some ther documents of being engaged? The K1 guides explain exactly what will be needed with the petition: http://www.visajourn...content/k1guide The consular officer may ask for evidence of your relationship at the interview. Exactly what they expect varies from one country to another. Read the Philippines regional forum for specific information about what the consulate in Manila likes to see: http://www.visajourn...29-philippines/ Also, next time you have a question please start a new topic, rather than resurrecting a topic that's already two years old. Things occasionally change in the process, and the answers to a question posted two years ago might not be accurate if the same question were asked today.	JimVaPhuong	Male	Vietnam	2011-07-23 20:59:00
K-1 Fiance(e) Visa Process & Procedures	evidence of engagement to fiancee	The proof that you are engaged are the two signed statements (called "letters of intent" on this site) that you include with your petition. If you both sign a statement saying you are engaged and intend to marry, then you are engaged and intend to marry. You say you never had a party or ceremony - what country is your fiancee from? In some countries, a formal engagement (with a ceremony and party) can be a big deal at the consulate.	JimVaPhuong	Male	Vietnam	2009-10-23 21:58:00
K-1 Fiance(e) Visa Process & Procedures	Help please	I am a little confused of the address that we should enter for my fiancee.He is currently in Malaysia but will returning to his home country of Cameroon in November.We are now preparing the petition but I am confused on this.Do we put the Malaysian address,he will be there when it is filed or do we put Cameroonian address,he will be there before the end of the petition process? Since you expect he will be interviewing in Cameroon then you should put his address in Cameroon. If he will have been in Malaysia for more than a year then make sure he gets a police certificate before he leaves.	JimVaPhuong	Male	Vietnam	2011-07-23 21:02:00
K-1 Fiance(e) Visa Process & Procedures	DENIED 129F NO RFE	In the meantime we have actually spoken to a lawyer. That is no longer the process or requirement. There have been changes to USCIS procedure and the only requirement is to arrive in the country before the 21st birthday. Nor is there a requirement for me to be a citizen. http://www.americani...t-6-29-2011.pdf It is not a case of just wanting to hear what we want to hear... it is a matter of not needing peoples negative opinions when we would rather receive accurate factual advice. I am sure most people requesting assistance are aware of the problems they are facing. Don't be too harsh on other VJ members. The policy for K2's is very new. Many here probably hadn't heard about it yet. Your petition was denied, so you are currently standing at square 1. If you file a motion to reopen then you have to wait for USCIS to adjudicate your motion. If they approve it then you still have to wait for them to adjudicate your petition. Filing a new petition will cost less, and you'll get to skip the part where they have to adjudicate your motion to reopen. You can get them to expedite processing of the I-129F if you note that there is a potential age-out issue with the K2 derivative, but I honestly don't think you can push it through fast enough to get your daughter into the US before she's 21. In order for your daughter to be eligible to adjust, based on the new policy, she'd need to enter the US with her K2 visa before her 21st birthday. She cannot simply enter with a tourist visa because a tourist visa does not provide any path for her to immigrate. She's not an immediate relative of a US citizen (spouse, minor child, or parent), and she won't be an immediate relative of a US citizen even after you marry your fiance. You would have had to marry him before your daughter was 18. The K2 is a unique exception among visas in that it allows a child of a beneficiary to come to the US and adjust status even though the qualifying marriage took place after the child was 18. But the caveat is that the child must enter the US with the K2 visa before they are 21 years old. This means you need to get through three agencies in two different departments of the US government, in addition to the time it takes the documents to travel between the agencies. The typical timeline currently is 5 to 6 months to get the petition approved, 2 to 4 weeks for the petition to travel through the NVC and arrive at the consulate, a month or so for the consulate to send packet 3 and for you to respond, two months before the scheduled interview, and then whatever time it takes to receive the visa, arrange travel, and travel to the US. If you managed to get all of this done before your daughter's 21st birthday then it would be a new record. In briefly looking through the VJ timelines, the fastest K1 I could find, from petition to visa, was 91 days. The current average is 219 days.	JimVaPhuong	Male	Vietnam	2011-07-19 23:42:00
K-1 Fiance(e) Visa Process & Procedures	DENIED 129F NO RFE	Do NOT file a motion to reopen. It costs nearly twice as much as filing a new I-129F, and takes longer to adjudicate. Just file a new I-129F. This time make sure you include all of the required documents and evidence. When you said your step-daughter was turning "1" was that a typo? First, she isn't your step-daughter yet unless you've already gotten married, in which case you can't file an I-129F. Second, any age except 21 would not be relevant to a K1 petition. How old is your fiancee's daughter?	JimVaPhuong	Male	Vietnam	2011-07-19 11:32:00
K-1 Fiance(e) Visa Process & Procedures	Affidavit of Support	Hi Everyone, I am a little worried abotu the affidavit. I make about 42000 which is enough for a family of 3 but people keep telling me i need about 5000 in savings. I read the paperwork and although the do ask for the bank letter, it seems that the important indicator is how much you make. Can anyone share their experience comments or observation? Elizabeth First, don't go by the instructions that come with the I-134 form. Those instructions were written by INS at a time when the I-134 was the primary affidavit of support for immigrants. USCIS doesn't use the form anymore, and consulates use it primarily as a summary sheet and cover letter for the sponsor's financial documents. They're screening the sponsor to see if they'll be qualified to sign an I-864 after the K1 arrives in the US and applies for adjustment of status. The consulate will usually outline what sort of evidence they require in the packet 3 and 4 instructions, and they will usually require the same sort of evidence an I-864 requires. For example, the form instructions say you should provide bank statements and a letter from your employer, and only provide a tax return if you're self-employed. However, most consulates will insist on a tax return from every sponsor (because the I-864 requires it), and would only want bank statements if the sponsor is using assets in the bank to offset a shortage in income, or if the sponsor is self-employed and is using the bank statements to show a history of revenues. If you have sufficient income to qualify then you don't need to have money in the bank, or any other assets. If you're not self-employed and you're not using cash assets to offset a shortage of income then you don't need to provide bank statements.	JimVaPhuong	Male	Vietnam	2011-07-23 10:47:00
K-1 Fiance(e) Visa Process & Procedures	New to the journey...	And couldn't be more confused! This is so much information to take in and I don't know where to start. (But the flowchart helped ease my mind a lot) Long story short, my fiance and I met online in a chat room over 10 years ago when we were both kids. We've been talking online ever since. We finally met face to face in the U.S. in October of 2010 (I'm the U.S. citizen, he's from the UK). He's come to visit 5 times since then (we have tons of proof of meeting from pictures and such for later) and we got engaged in April. He'll be moving here with me once this is all said and done, but the whole process is pretty intimidating. So, I've got the I-129F all filled out and waiting to be sent. But aren't there other forms to send at the same time? Like, the G-325A? And something proving financial support? Some places mention these, but never go into detail, while some never mention them. Please don't get upset, I just want to make sure we do this right the first time. So, basically...what do I put in the envelope when I send the I-129F? Or will I need to worry about the other forms later down the road? Any advise is welcome! And a huge congrats to everyone on here that's done this and had complete success! And thanks for any help you can give. =] If you found the flowchart then you should have also found the K1 visa guide. If not, click on "Guides" in the menu bar at the top of the page, and then look for "K1 Visa Guide". Click on it and read. The answers to all your questions are there.	JimVaPhuong	Male	Vietnam	2011-07-24 21:38:00
K-1 Fiance(e) Visa Process & Procedures	Withdraw Petition or let it Expire	I can solve all of these problems for you. First, withdraw the petition. You can do this anytime by notifying USCIS in writing. Second, send all your money to me. You'll never have to worry again about any Filipina being interested only in your money. A personal check will be fine.	JimVaPhuong	Male	Vietnam	2011-07-24 21:35:00
K-1 Fiance(e) Visa Process & Procedures	Somewhat Silly Question Regarding Picture Evidence	I've never heard of anyone getting an RFE because they submitted a picture taken in a public place, and couldn't identify the other people there. The only time I've heard of a situation remotely resembling what you describe is when there are many people in the picture, and it's not clear who the petitioner and beneficiary are in the photo, and it isn't adequately described with accompanying text. Things can be different at the interview, though. If you submit a photo of a situation that's obviously semi-private, like someone's home, the CO might expect the beneficiary to know who the other people in the photo are, especially if they are friends or family of the petitioner.	JimVaPhuong	Male	Vietnam	2011-07-26 09:04:00
K-1 Fiance(e) Visa Process & Procedures	Fiancee Visa Question	This is absolutely incorrect. OP already shown immigration intent and when you are entering on B2 you are stating that you are not planning on staying. Obviously, if she enters and stays she was planning on staying. This is not a court room, they do not have to prove conclusively. I researched this matter very deeply. Please, do not give advice that will hurt OP on the long run. It's irrelevant. They can't deny solely for preconceived intent. That practice ended with the BIA decision in Matter of Battista in 1987: http://www.uscis.gov....html#0-0-0-310 Preconceived intent is a serious negative factor. Being an immediate relative of a US citizen is a positive factor that outweighs that negative factor. USCIS won't deny AOS solely for preconceived intent even if they have concrete evidence of the intent. They will deny AOS if they have evidence that the alien lied about their intent to an immigration officer. Material misrepresentation is serious enough to outweigh the positive factor of being an immediate relative of a US citizen. Further, preconceived intent specifically refers to an intent to remain permanently at the time of arrival as a non-immigrant (from Matter of Ro, 1977). This means they are entering as a non-immigrant with the intention of becoming an immigrant before they leave. An approved petition is evidence of an intent to immigrate, but it's not proof of a preconceived intent to enter as a non-immigrant and become an immigrant before leaving. That evidence must exist at the time the alien enters as a non-immigrant. If CBP finds evidence of this intent then they'll enter this information in the alien's record. This is where the secondary inspection mentioned by Bob comes into play. They know they can't deny for preconceived intent alone, so they'll press the alien to get them to make a statement contradicting the evidence. If the alien subsequently applies for adjustment of status then they've got them for material misrepresentation. If you have research that contradicts what I've said above then please share it, especially if you have evidence that USCIS is denying AOS because the applicant had a previously approved petition. That would be a bombshell to some of the people in the second AOS forum here on VJ.	JimVaPhuong	Male	Vietnam	2011-07-25 22:15:00