ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresPlease I need helpe with translation

Hello,
I am finishing up my pacquet for my 1297 application: Here is my question:
I have some documents from my future sister in la anf from my fiance explianing how bona fide is our relationship, but it is in our original language. I translated it into english. I wanted to notarize it. How should I do it??.. Should it be notarised? Does it matter??
Also, for the prof of having met during the past 2 years, I have my tickets itinaries and my stamps in my passports. Do you think that is sufficiant?.. I did not notarised the copies of the stamps.
I also have many pictures but they are not dated.
I will also include email as prrof as ongoing relationship.
Do you think I am ok?? What should I add??
Thank you vo much.. Please please answer, I need to kow so that I can send it ASAP.
Thank thannk you.


I assume you mean I-129F and not 1297.

Notaries in the US don't have the same authority they have in some foreign countries. Most notaries in the US can only witness signatures and administer oaths. They don't usually notarize a translation or a copy of a document. They can't certify that the translation is accurate, or that the document they're making a copy of is authentic.

Translated documents need to be certified by the person who performed the translation. The certification is a simple statement, signed by the translator, indicating that they are proficient in both English and the language of the original document, and that the translation is accurate. They don't usually need to be notarized.

Boarding passes and passport stamps are good primary evidence. Photos are good secondary evidence. You should write on the back of the photos the date each was taken, where it was taken, and who appears in the photo. Unless USCIS has any reason to doubt any of this evidence then it should be sufficient to prove the two year meeting requirement.
JimVaPhuongMaleVietnam2011-06-13 08:58:00
K-1 Fiance(e) Visa Process & ProceduresCan anybody help me ?

through my parents


Ok. There are two boxes on question 10 where a certificate number could be entered. The first box is for people who are naturalized citizens, and they would enter their Certificate of Naturalization number there. The second box is for people who acquired citizenship through their parents (like you), and have obtained a Certificate of Citizenship. You didn't get a Certificate of Citizenship, so you check the "No" box, and leave the certificate number box empty.

If you can read and follow instructions carefully then you don't need a lawyer.
JimVaPhuongMaleVietnam2011-06-13 12:53:00
K-1 Fiance(e) Visa Process & ProceduresCan anybody help me ?
How did you acquire US citizenship?
JimVaPhuongMaleVietnam2011-06-13 12:12:00
K-1 Fiance(e) Visa Process & ProceduresCan anybody help me ?

Thanks for reply. I want to know what the documents i require as a U.S citizen proof.

Thanks for reply. I want to know what the documents i require as a U.S citizen proof.


Your US passport is sufficient. You should include a copy of every page, including the covers. If you're a naturalized citizen then you could, alternatively, provide a copy (both sides) of your certificate of naturalization.
JimVaPhuongMaleVietnam2011-06-13 09:04:00
K-1 Fiance(e) Visa Process & ProceduresJ-1 visa (Au Pair), 2 year residence requirment after extented J-1

Hi,

I was in the U.S. with an J-1 visa, for 1,9 years. On my first DS-2019 form it says "NOT subject to the two year residence requirement" and now I was reading in the internet that only when you extend your program you need to fulfill the 2 year residence requirement. Does anybody know if this is true? I am having my interview for my K-1 visa in 2 days and got an email today that I need to provide additional documents from my J-1 visa. Thats why it made me kinda worried if I have to stay home for 2 years or not. Please help!!!!


Is the HRR box on the J1 visa checked? Does it indicate you are not subject to the HRR on your IAP-66? My understanding is that if both the visa and the IAP-66 indicate you're not subject to the HRR then that's the final determination. You usually get a new IAP-66 when you extend your status.
JimVaPhuongMaleVietnam2011-06-06 09:47:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about CRBA

Does the baby need to be present at the interview schedule at the US embassy? Just curious thanks.

Yozhik


That depends on the consulate. If you're just filing the CRBA paperwork, then no, not usually. If they want a DNA test then the baby obviously must be present for the sample collection.
JimVaPhuongMaleVietnam2011-06-13 12:11:00
K-1 Fiance(e) Visa Process & ProceduresTAXES*His ARMY DUTY* QUESTIONS! HELP!

1) I am self employed and have not filed my taxes until NOW. Are they looking for proof of ONE YEAR tax return or 3 as has been suggested to me? What is the minimum you MUST show to prove "financial worthiness?" Will they require OTHER documents possibly because of this?


Most consulates want a tax return or IRS transcript for at least the most recent tax year. Since it is now after the filing deadline, the most recent tax year is 2010. If you haven't filed yet then you need to file ASAP. The consulate will usually require your income to be at least 125% of the poverty guidelines for your household size. Your household size includes you and your fiance. If your child is born by the time of the interview, then your household size will also include your child. The levels are published in the I-864P, which you can find in the "Forms" section of the USCIS website.

For two people the threshold is currently $18,387. For three people it's $23,162.

Since you're self-employed they will determine your income from line 22 of your 1040. Note that this is not your total revenues, but your income after deducting your business expenses.

2) My fiance is suppose to serve a 2 year ARMY tour with the ALGERIAN army as ordered starting this SEPTEMBER. We are FIANCEd but NOT legally married in ALGERIa so unless my embassy gives him his visa by SEPTEMBER, he may be FORCED to go away to the army for 2 years. If he were to tryand stay for the visa, will the army requirements show up through the embassy checking? Will he be FORCED to stay unless we get legally married? If i must return to ALGERIa TO get married in order to keep him out of the army (and on his way to the US for his baby and i) what would change on our status process for filing a SPOSAL visa in place of FIANCE????


The US government is well aware of Algeria's conscription policy.

http://www.uscis.gov...00048f3d6a1RCRD

In addition, the government does not allow Algerians who are still eligible for conscription to leave the country unless they have been granted an exemption under special circumstances (e.g., status as a student or primary wage earner). Individuals applying for jobs or a passport are required to submit documentation proving that their military service has been completed. (Immigration and Refugee Board, 1999)


Looks like he'll need an exemption to get a passport and leave the country.
JimVaPhuongMaleVietnam2011-06-13 12:08:00
K-1 Fiance(e) Visa Process & ProceduresBig Dilemma


Hello everybody !

I'm so glad I discovered this website. I hope you'll be able to help me with my issue. Here's the situation :

I'm a French citizen living in Paris and I'm deeply in love with an American woman who is spending a year in France with an au-pair visa. We want to be able to continue our life together and so the best solution seems to be marriage. We are traveling to the US on July 5th and we thought that we could get married during our journey and then come back to France and spend another year in Paris before moving to the US. We just discovered the existence of the Fiancé visa and understand the importance of having one. Our problem is that it will be quite difficult to get one before leaving. Do you know how long it takes for the deliverance of this kind of visa ? If we don't get the visa but still get married during our stay, what would be the consequences ? Could it be a solution to get married in France and to contact the US Authorities when we're willing to move to the States ? What would you advise us to do ?

Thanks in advance for your help !

Greetings from Paris,
Daniel


You don't need a fiance visa in order to marry in the US. In fact, from the plans you describe, a fiance visa is NOT what you want.

First, anyone can come to the US and get married. The laws vary from one state to another, but most states only require some form of ID and statements that you are free to marry. Your passport is sufficient ID. Me and my wife got married at a county clerk's office - 20 minutes to get the license and get married by a Justice of the Peace. We even got a JP who spoke Vietnamese! :thumbs:

Second, a fiance visa requires the foreigner and US citizen petitioner to marry within 90 days. After that, the foreigner is supposed to submit an application for a green card. If the foreigner leaves the US before getting a green card or advance parole then they won't be able to return - the fiance visa is a single entry visa.

Third, a resident alien with a green card is required to live in the US or risk losing their resident alien status. Trips abroad of more than one year require advance permission to reenter the US.

So, come to the US, get married, and return to France. When you're ready to immigrate to the US (if ever) then your wife can file for a spousal visa.
JimVaPhuongMaleVietnam2011-06-15 10:32:00
K-1 Fiance(e) Visa Process & ProceduresPossible questions for K2
It's not likely they'll question the K2 children, though they do have the option to. They would only question the K2 children if they thought the answers might reveal conflicts in the K1's evidence of a relationship with the petitioner. The K1 and the petitioner are required to have a bonafide relationship, but there's no requirement that the K2 children have any relationship whatever with the petitioner. If the K2 children knew absolutely nothing about their future step-parent it would not be a valid reason to deny the visa.

They'll want to see concrete evidence that the K1 is the parent of the K2 children. In countries where official records may not be reliable they'll want extra evidence, such as photos, school records, church records, etc. The K1 applicant is expected to produce this evidence - not the children.
JimVaPhuongMaleVietnam2011-06-15 09:59:00
K-1 Fiance(e) Visa Process & ProceduresNationality/Citizenship FILL IN THE BLANK

America is NOT a continent..Please stop....!


No, it's two continents; North America, and South America. North America includes Canada, the United States, Mexico, all of the countries in the sub-continent of Central America, and whole lot of island nations. South American includes all of the nations on the continental landmass south of Panama, and a bunch of island nations.

America is also a province in Argentina, and there are towns named America in Illinois, Oklahoma, Mexico, and the Netherlands.

The term "America" can be used in reference to any of the above. However, the term "American" is rarely used in English to refer to someone or something not connected to the United States.

In answer to the "Nationality" question on the G-325A, any unambiguous answer will suffice. "American", "US" or "USA", "United States", etc. On the other hand, answers that wouldn't be acceptable include "Westerner", "Caucasian", and "Democrat". :whistle:
JimVaPhuongMaleVietnam2011-06-15 09:52:00
K-1 Fiance(e) Visa Process & ProceduresCo Sponsor backing out im lost and frustrated

That may very well be true...and I understand this makes more sense than the 100% rule since you do your AOS soon afetr marriage but, if you go to this link http://travel.state....pes_2994.html#9 you will see what the GOV says:

"Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864"?
No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

Maybe each USEM is different...I'm not sure abut Manila...but not a concern for me.

My question reamins though....were is the money coming from for this journey...maybe that person could co-sponsor


Those are the general Department of State policies for a non-immigrant visa. Many (most?) consulates treat a K1 differently than other non-immigrant visas because it's one of the few that is almost guaranteed to end with the visa applicant immigrating to the US. Because the I-134 is not submitted to comply with INA 213 (like the I-864) Department of State and consulates are free to establish their own standards. Few consulates would be willing to issue a K1 visa to someone whose sponsor(s) will not be able to submit a sufficient I-864 affidavit of support when it comes time for the K1 to apply for a green card.
JimVaPhuongMaleVietnam2011-06-15 10:25:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Expiration and POE Confusion

fyi, you DO NOT have to apply for AOS before the 90 day/I-94 expires. People recommend it...not 100% sure why. I waited & filed recently after my POE was last November. this mis-information seems quite common on these boards. Matt


Nobody here says it's mandatory to file for AOS before the I-94 expires. Everyone acknowledges that there is no time limit. People here do strongly recommend it because the K1 visa holder is out of status when the I-94 expires - a sort of legal limbo in which they can't work, can't get a Social Security Number (unless they already have one), can't get a drivers license or state ID, can't go to most community colleges or universities, can't travel outside the US and return, can't get within 100 miles of the border with Mexico or risk a confrontation with CBP, and the list goes on. In other words, they become a non-person.

We waited a few extra months to file the AOS applications for my wife and step-kids. We knew the risk and consequences, and we accepted them when we chose to wait. Anyone else making the same decision should also understand those risks and consequences, and should also be willing to accept them. What we see, all too often instead, are people saying "I can't afford the AOS filing fees right now. Can my K1 spouse start working so we can save up some money?", or "Why can't my K1 spouse get a drivers license? How will he/she be able to work so we can save up money to pay for the AOS?". :whistle:
JimVaPhuongMaleVietnam2011-06-15 18:27:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of support

is it ok if theres a mistake in filling up the I134 and corrected thru a snowpake or a liquid paper?thanks


No. Do not use "white out" or "liquid paper". Ideally, you should prepare a new document. If you can't do that then only the person who signed the I-134 can make a correction by drawing a single line through the error, writing in the corrected information, and initialing the correction. This is pretty much standard contract stuff.
JimVaPhuongMaleVietnam2011-06-16 20:15:00
K-1 Fiance(e) Visa Process & ProceduresK1 medical report - did yours come sealed

Did yours come in a sealed envelope?

I opened mine by 'mistake' .. are there any issues with that? before sending it to the consulate

Thanks

d


Yes, of course there are issues with it. The reason it's sealed is because it contains the panel physicians certification that you are not inadmissible to the US for health reasons. If you open it then it's tainted - it could have been tampered with. You probably need to return to the panel physician's office to have it inspected and resealed.
JimVaPhuongMaleVietnam2011-06-16 19:52:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support (I-134 form)

Hi guys i have a lot of questions regarding the I-134 form. Please clarify everything for me, so i get my fiance here very soon.
here are my questions:
1. I am a full time student, and i have a part time job. Last year I made 10000$, i still have the same job and i get school loans.
Since the 2011 Federal Guidelines Poverty for 1 person is 18500$ i do not qualify, this is why i need to find a co-sponsor.
My sponsor's income for 2010 is $24,172. He lives with his wife and has 1 child. Therefore his household consists of 3 person.
Therefore when i look at 2011 poverty guidelines table i look at 125% for 5 people. [3 people in co-sponsor's household + 1 (myself) + 1 (my fiance)] when i look at poverty guidelines is $32,238. IF THAT's the case then it would WORK right?

OR MY CO-sponsor needs to satisfy to poverty guidelines ALONE BY HIMSELF? If that's the case HE IS not qualified and i need to find another sposnor...His income is $24172 where the poverty guidlines for 3 people are $27,563.

So which one of these options are TRUE?

and here is my second question:

2. What if I will find another job, let's say tomorrow, and I will get paid 2000$-$3000 a month, which mean 24000$-$36000 a year, i live alone, therefore i will meet a poverty guidelines Requirement.

In the close future, i will need to send the I-134 form, filled by myself, and stating my INCOME that i will make in the future, AND my employer can give me a letter as needed. What about the proof of this income? what would work? Tax Returns wouldn't work because i JUST start a job, and i didn't file a tax returns for last year, WOULD 1 or 2 paystubs work?

Thank you,
Murad Minasyan


You're looking at last year's poverty guidelines. Download the current I-864P.

http://www.uscis.gov/i-864p

Your co-sponsor must qualify on his own. Your income isn't included. You're also not included in his household size unless you live with him. Sounds like you need a more qualified co-sponsor.

When you fill out the I-134 you must estimate your annualized income based on your current income. For example, the amount you are currently paid each week multiplied by 52. If your income is erratic, and changes from week to week, then you can take the average over time. What you can't do is fluff up your estimate with increased income you expect to receive in the future. The only time I've seen a consulate accept a sponsor's claim that their future income would be better than their current income is when their work was seasonal, and they had tax returns to back up their claim that their income was better in the latter part of the year.

Some consulates don't accept co-sponsors for K visas. Some only accept them in certain situations. What consulate will your fiancee be interviewing at?
JimVaPhuongMaleVietnam2011-06-16 20:10:00
K-1 Fiance(e) Visa Process & ProceduresI-134 questions 7, 9 and 10

Oh good.... I don't want to have to bother with getting my house and vehicle appraised just so I can "prove" what they are worth. I hope they only want the tax return transcripts. I could send the original tax stuff I filed too, but that is like 50 pages long per year. And, quite frankly, I don't see how the original tax returns actually prove anything, since the tax preparation web site I use lets me fill out and print the PDF files before actually filing them (and without actually filing them too). But, actual stuff mailed from the IRS I would hope is more convincing. That, combined with W-2 forms that match what I filed, I'd expect to be more impressive.


Just use the transcripts. Consulates actually prefer them because they demonstrate that a tax return was actually filed, and they show the amounts which were recorded by the IRS. Transcripts also have a tracking ID which can be verified by the consulate with the IRS, making them somewhat difficult to forge. Everything else, including W2's, you could conceivably download from the IRS website and write anything you like into them.
JimVaPhuongMaleVietnam2011-06-15 10:10:00
K-1 Fiance(e) Visa Process & ProceduresI-134 questions 7, 9 and 10

Oh that's good to know, if I can leave off everything except income. As long as everyone is positive that's okay. I know the rules only require a certain minimum income but I'm just being extra careful. I think I'll still include a copy of the W-2 though... it is less likely anyone would suspect a forgery if I include more than one thing that would require forging.


You don't have to list any assets if you don't need them to qualify. If you do list assets then you are required to provide proof that you own them, and proof of their current value. These proofs have to come from a credible source, and not just a personal statement you make yourself. This is way more work than you want to do if you don't need to do it.

The I-134 instructions are useless, as many consulates apply the I-864 rules for a K visa. According to those rules, you couldn't list your truck unless you own more than one vehicle. The general rules for assets is that you must be able to convert it to cash within 12 months without undue hardship or financial loss. Selling your only vehicle would make you a pedestrian, which is considered undue hardship. Cashing out your 401(k) before you're old enough to retire comes with heavy penalties, which would be considered financial loss.

It's likely the consulate will want more than just a W2. They usually want either a copy of a complete tax return or an IRS transcript of the return. A complete tax return would be every form and supporting document, just as you would send to the IRS when filing a paper return. Transcripts are easier. They're free, and you can get them within two weeks just by calling the IRS.
JimVaPhuongMaleVietnam2011-06-15 09:30:00
K-1 Fiance(e) Visa Process & Proceduresk2 Visa

Hello VJ users,

I am a little confused about filling out the forms for a k2 visa for my fiance's son... The embassy in Honduras said his son needs to bring all of the forms/ documents listed in the interview packet, I get that but... do I have to file separate ds-156 forms and ds-156k forms in his son's name?(its confusing because the ds-156k says its only for the fiance, it doesn't really make sense to fill out the form for my fiance's son... not sure if this is makeing sense).

Also, do I need a separate i-134 affidavit of support or can I just use the same one that I filed for my fiance?

If anyone has had to do this and knows about the process, your help would be greatly appreciated :). Thanks!!


Consulates vary a bit regarding which forms they require, but I'd guess most want a DS-156 from every applicant, and a DS-156K only from the K1 applicant. It's usually sufficient to fill out one I-134, as long as both the K1 and K2 are listed on it. They usually want the original I-134 and supporting evidence with the K1's application, and a photocopy of the I-134 with the K2's application.
JimVaPhuongMaleVietnam2011-06-17 16:56:00
K-1 Fiance(e) Visa Process & ProceduresShould I include A DVD with Skype video calls?

Hi all again.

I work in IT so I know my way around very well with computers. I was thinking of using a special plugin for Skype that would allow us to record our live video calls and include it as part of our initial visa request packet. I can easy convert the files to DVD playback format and add menus. Even if they don't ever play it on their computers at least it will show that is there if they want to dig deeper. What do you guys think about this idea? I'm sure I'm not the first person who though of it. Please feel free to provide me with the pros of cons of this.


They don't generally accept electronic media. The adjudicator won't likely have any way to view it.

No, you're not the first person who has thought of it. :blush:
JimVaPhuongMaleVietnam2011-06-18 20:15:00
K-1 Fiance(e) Visa Process & Procedureskinda worry...

I'm kinda worried because I only have some love cards from My Fiancee...I used to save chat history but since My computer messed up the mesages have been deleted. and also My Fiancee never saved any but we do have lots of phone records and also atm receipts and packages receipts. I am a subscriber of PLDT dsl package and it only costs 1 peso per minute calling USA and I also have 30 mins free calls every month. but since we got magic jack I only have few calls made using my landline whenever Internet connections or majick jack fails to work..we also have lots lots of pictures together to present but still I am kinda worried. Unfortunately my Fiancee gave me his laptop because mine didn't work no more.that's why when he flew back to U.S he didn't use computer much..only when he visits his mother then we could get on skype...can anyone tell me if it's just ok? thanks


None of that stuff will be useful with the petition because it doesn't prove you've met within the past two years. Whether it will be of any use at the consulate depends on how smoothly your interview goes. They may not ask to see much evidence at all, in which case you'll be fine. If they ask for more evidence and you don't have it then you've got a problem.
JimVaPhuongMaleVietnam2011-06-18 20:18:00
K-1 Fiance(e) Visa Process & Proceduresfiance visa and child

hi. i filed for fiance visa and added my child to it. it has already been approved by uscis. went through the nvc. and they just sent it to the consulate...
my question is. do i need to still do anything for my child who is on the petition also? like file any reports?


If you are the petitioner and this is your biological child then the child can't get a visa. The child has a claim to US citizenship. You need to file a Consular Report of Birth Abroad and get the child a US passport.

If this is not your biological child, or if you are the beneficiary and not the petitioner, then the child will apply for a K2 visa. The process is more or less the same as the K1 visa application, give or take some of the forms.
JimVaPhuongMaleVietnam2011-06-20 13:33:00
K-1 Fiance(e) Visa Process & ProceduresGet Original Birth Certificate Back

Hello,

I am the US citizen who petitioned for my Thai fiancée to come to the states. As part of the paper work I had to send my original birth certificate. I wanted to get that back and trying to fill out a G-884. In Part 2 the form asks for some info that don't apply to me so I just put NA in all the boxes (questions about certificate of naturalization, certificate of citizenship, and naturalization court etc....)
Am I filling out the correct form to get that document back?
Where do I sent the form to? I filed through the california service center, is that where I have to sent the form to? Or maybe I have to send it to the embassy in Bangkok?

Thanks in advance for the help.


The embassy in Bangkok doesn't have it. Most likely, it was in the sealed brown envelope your fiancee carried with her to the US and gave to the CBP officer. The form instructions say to submit to the USCIS office that last took action on your case, but CSC wouldn't have that file now. To be honest, I'm not sure where it goes exactly, but I know they pull it out when you submit the AOS application.

Try this: Send the G-884 to CSC, since that's the last service center that took action on your case. After you file for AOS, if you happen to get selected for an interview then ask the IO about it at the interview. In all likelihood, it will be in the file on the IO's desk. They should be able to make a copy and give it back to you.

In the future, never submit original documents unless they specifically ask for them. If you get an RFE for an original document then send the document, a photocopy of the document (which USCIS can keep for their files), a polite request that the document be returned after it's examined, and a postpaid self-addressed return envelope. I helped my wife's uncle with an RFE for his original birth certificate from Vietnam. It was issued before the war ended, it was very fragile, and irreplaceable. We did what I described above, and he got his birth certificate back about four weeks later, just after he received the approval notice.
JimVaPhuongMaleVietnam2011-06-20 20:54:00
K-1 Fiance(e) Visa Process & ProceduresCriminal record questions. Any advice will help!

Wrong.

USCIS wants to know about any criminal background to see what sort of person they are allowing into the US / giving residency too. They're are not going to give residency to anyone who is violent, prone to theft, spent lengthy periods of time in jail etc etc. It does not have to be just terrorism or drug trafficking. If you do a search on here you will see several cases where an applicant was denied due to a criminal record. For example - http://www.visajourn...ection-212a2a1/

A criminal record does not automatically lead to a denial. But it WILL be a factor when the officer is adjudicating your case.

Read here for more information - http://www.visajourn...content/records


I believe she was talking about the criminal record of the petitioner and not the beneficiary. Her comments were basically accurate, since submitting evidence about the DUI's and assault charges are meant to comply with the IMBRA, and are mostly intended to provide disclosure to the beneficiary. The only time those factors would be used to deny the approval of a petition is if the petitioner was also asking for a waiver of the multiple filing limitations. These also only apply to a K1 visa petition. They don't apply to a spousal visa petition.

However, her comments about terrorism and human trafficking are not correct. I think she's getting confused between what crimes by the petitioner would result in denial of the petition, and what crimes by the beneficiary would result in denial of the visa. A petitioner could have a long and sordid criminal history, including terrorism and possibly even human trafficking, and still have their petition approved. The only sort of criminal history that I'm aware of that makes a petitioner ineligible to submit ANY family based visa petition are those crimes which fall under the Adam Walsh Act, which are primarily crimes involving assault or molestation of children, and violations of immigration law.

To the OP: You need to check "Yes" in part C, question 2 of the I-129F. You need to get copies of all court and police records pertaining to your crimes. The custodian of records (usually a court clerk) can certify the copies.

Your fiancee will need the court and police records of her arrest at the interview. Public drunkenness is not a crime involving moral turpitude, but the panel physician can deny her if they determine she's an alcoholic. Domestic violence often IS a crime involving moral turpitude. She doesn't have to be convicted in order to be denied. She only needs to admit to having committed the crime.
JimVaPhuongMaleVietnam2011-03-19 22:26:00
K-1 Fiance(e) Visa Process & ProceduresPlease help me about Affidavit of support I-134

Then what should I write in I 134 where they are asking about how much savings money in account or real estate investment or life insurance. Plese tell me i am so worried.


It's not required that you have any of those assets. If you do have them, it's not required that you list them on the affidavit. If your income is enough to qualify then that's all you should list on the affidavit. Listing assets is optional, and something you'd only do if you needed to make up for a shortage in income.
JimVaPhuongMaleVietnam2011-06-21 10:26:00
K-1 Fiance(e) Visa Process & ProceduresEvidence of meeting

But my main question is about the hotel bills - I only just realised that they don't actually say who I was staying with! Is that going to be a problem?


It won't be a problem, but it's not worth sending them. They would have some value if only the petitioner's name was on them because they would be evidence that the petitioner was in that hotel on that day. With only the beneficiary's name on them they don't prove much of anything that USCIS would want evidence of. They aren't going to question whether the beneficiary was in their own country on any given day. Stick with the other evidence you've got and you should be fine.
JimVaPhuongMaleVietnam2011-06-21 10:40:00
K-1 Fiance(e) Visa Process & ProceduresNEED HELP I-134 Advice

Hello I have a question concerning the affidavit of support I-134 and I-864 for a K-1 Visa. I am from the USA and my fiancée is from the Philippines. I am recently divorced I have not had any income for the last 3 years so I have no income tax returns. However I will be receiving $20K per year for the next four years in alimony. I also own my own home and auto. I have $40k in the bank. Do you foresee any problems I could have with the affidavit of support? If so why?


Alimony, spousal support, and child support are generally qualifying income. However, the consular officer is free to disregard any of these if they have doubts the money will actually be received by the petitioner. Going by other people's experience, the embassy in Manila seems to give a lot more credence to earned income.

You should also look carefully into the terms of your alimony. Spousal support generally continues if the recipient remarries. Alimony generally does not. If this is the case, the consular officer would almost certainly disregard the alimony as income. You should also make sure you've got your terminology straight. Alimony is often paid until the recipient dies or remarries. Spousal support often has a fixed term. Are you sure you're not receiving spousal support instead of alimony?
JimVaPhuongMaleVietnam2011-06-21 10:48:00
K-1 Fiance(e) Visa Process & ProceduresFiance visa and cbra.

Just for your information, the five year requirement does not have to be consecutive. You just need to prove that you were resident of US for five years at least two of which must after age 14.

If you do not qualify for that, just apply for the child as any other family member using I-130. If a child of a US citizen enters the US on an immigrant visa, the child is automatically eligible for US citizenship and you can apply for a passport or certificate of citizenship.


Since we're talking about a K1, the child would also be eligible for a K2 derivative visa. The child would not automatically become a US citizen on entry, but would automatically become a US citizen when the child's adjustment of status is approved.

If the OP doesn't meet the residency requirements then he should probably sign a statement to that effect, have his signature notarized, and include it with the child's K2 visa application. That should hopefully prevent the consulate from insisting he filed a CRBA.
JimVaPhuongMaleVietnam2011-06-21 21:08:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit

Becky, this is Brandon (lol)

You look at the AGI on your brother's return. Which is line 38. That is the number that matters.

As for an additional job, It would help as long as it puts you over the minimum poverty line.


Read the instructions for the I-864. They only use AGI if you filed a 1040EZ. Otherwise, they use total income, which is line 22 on a 1040.
JimVaPhuongMaleVietnam2011-06-21 21:00:00
K-1 Fiance(e) Visa Process & ProceduresGot REF, need some help...

Thank you guys. I am going to find a place to do notary for my Chinese passport first. and try to do more explanation for the evidence I have. Thank you for your advice. =)


What do you expect a notary's certification to say? They can't certify that a copy is authentic because they have no way of knowing if the original document is authentic. They can't certify that a translation is accurate because it's likely they don't speak both languages. Notaries in the US have very limited authority. In most states, they can only act as a legal witness to a signature or oath.
JimVaPhuongMaleVietnam2011-06-22 10:00:00
K-1 Fiance(e) Visa Process & Proceduresbeing in the USA when the K1 is approved??

what if we get married while he is in the states. can we just cancel the previous 1-129f and start new paper work ??


One of the terms of the B2 visa is that, at the time of entry to the US, the alien does not intend to become an immigrant before they leave. Entering the US with the preconceived intent to immigrate is illegal. There's no way USCIS would believe you didn't plan this in advance since you have already filed for a K1 visa. If you try to go this route then you can expect this to be an issue at your AOS interview. It's possible it could result not only in a denial but also in a ban from the United States. The risk may not be great, but why take any risks at all just to try to shave a few months off the process?
JimVaPhuongMaleVietnam2011-06-23 09:43:00
K-1 Fiance(e) Visa Process & ProceduresPrevious J-1 and HRR. Though: with different name

Thank for the answer.
No, it was completely funded by myself and my parents.


"Government financing" doesn't always mean the government gave money directly to you. Often it simply means you used a program which is funded, in whole or in part, by the government. If you believe the HRR was applied incorrectly in your case then file for a waiver of the HRR on that basis.

You won't be able to argue this point with a consular officer. As long as the HRR marker is in your file, if you haven't waited out the two years then you won't get a visa. Apply for the waiver.
JimVaPhuongMaleVietnam2011-06-23 10:08:00
K-1 Fiance(e) Visa Process & ProceduresKids Included?

Hi guys! hope ur all doin fine.. I just have a question, me and my fiancee (US citizen) has two boys now, our eldest is turning 3yrs old who is already a US citizen (CRBA)and our youngest 8 months soon we're going to fix his CRBA also. the question is, are they also be included in the petition? Do we need to put them also in the affidavit of support? thanks and god bless! =)


YES! They are your children. They absolutely must be listed on the petition. It doesn't matter if they will be applying for a visa. The petition doesn't ask you to list all children who will be applying for a visa. It asks you to list all of your children - period.

Yes, the children should be listed on the affidavit of support.

When you get to the interview stage you will not submit visa applications for the children, but you must list them on your forms. Anytime a form says "List all children" you should interpret that literally.

In my case about me and my petitioner which is a US citizen(fiancee) has a daughter but my daughter not a US citizen yet, can my daughter goes under my K1 Visa?


Can you be a little less vague? Are we talking about one daughter or two daughters? Is one (or both) of these daughters in the Philippines? If a child has a parent who was a US citizen at the time of birth then the consulate will not issue a visa for them - they must submit a CRBA and get a US passport for the child. If a child does not have a parent who was a US citizen at the time of birth, and the K1 applicant is the biological parent of the child (or adopted parent in certain specific circumstances) then the child can apply for a K2 visa. Under no conditions can a child enter the US under the parent's K1 visa.
JimVaPhuongMaleVietnam2011-06-23 10:02:00
K-1 Fiance(e) Visa Process & ProceduresAttourney Talk ! I said WHAT ?

I did not argue with her but I mentioned the I-134 document. She said: I send a I-184 ? (AOS I thought) For a K-1 Visa Interview. So, I'm up in the air on that.
Also, I brought-up Police Clearance. Mav's already done one but I'm sure it's exspired and a New One needed. My problem with that is she said. Have her mail it to you and you mail it to me. I SAID Why? Can't she take that to the Interview and not waste 30 days or more in the Mail. Did'nt sound right to me.
I'm happy with having help from my Attourney but wish that the correct Forms are Filed for this particular Petition in this Stage of the Visa process. I read Links: But state: I-134.

This Link was submitted by a Member this morning and No Mention of a I-184 for a K-1 Visa.
What do You Guys think?

http://travel.state....pes_2994.html#5


Some consulates do ask for an I-864 for a K visa, but they are a small minority. I haven't heard of the embassy in Manila doing this.

The only reason your attorney would want to see the police certificate is if she wanted to see for herself whether your fiancee was inadmissible for some crime, but an emailed or faxed copy would suffice. There's no reason to send the original halfway around the world and back.

Your attorney is not helping you. I suggest you either take over your case and finish it alone, or find another attorney.
JimVaPhuongMaleVietnam2011-06-23 09:48:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of support for ex-husband and new fiance

My income is I believe sufficient either way, but I was just curious and wanted to pose the question out of general interest. Since the affidavit of support I filed for my ex-husband (divorced 5 years ago) is still in effect, would the requirement be to meet the income requirements for a 3-person household (myself, my ex, and my fiance/future husband)? Talk about a weird "household" :wacko: but I can't imagine you'd be required to have enough for one single household plus one 2-person household.


The term "household size" is somewhat misleading in the case of the affidavit of support. It doesn't really have anything to do with multiple people living under the same roof, but more to do with how many people are, will be, or might be dependent on you for support. You are dependent on yourself, your fiance/future husband will be dependent on you, and your ex-husband might be dependent on you because of the affidavit you signed.
JimVaPhuongMaleVietnam2011-06-23 22:43:00
K-1 Fiance(e) Visa Process & ProceduresWhat is Considered A Liquid Asset?
Look at the forms and instructions. The term "liquid assets" is not used anywhere, on either the I-134 or the I-864. The I-134 contains separate lines for specific types of assets to be entered. The I-864 has fewer specific entry lines, but line 26.c is provided for listing of a broad range of assets, and the instructions define what can be declared as an asset.

The I-134 has lines for cash in savings, personal property, stocks and bonds, life insurance with a cash-out value, and real estate. Presumably, the personal property line could be used for most any qualifying asset.

The I-864 has three lines. One for cash in savings and checking accounts, one for real estate, and one for everything else.

The consulate has discretion with an I-134, so they can choose whether or not to accept something as a qualifying asset. If they apply the I-864 rules (which many seem to do) then the asset must be something which can be converted to cash within 12 months without undue hardship or financial loss. That is a much looser definition than the traditional definition of a "liquid asset", which is cash or it's equivalent. Probably a better way to describe an asset that fits the I-864 rules is a "liquidatable asset".
JimVaPhuongMaleVietnam2010-08-12 08:16:00
K-1 Fiance(e) Visa Process & ProceduresPlease help me

I met my fiance by Indian matrimonial paid website before a year ago. I went to India after to talk with him for 9 months and I submit the petition for k1 visa. I wrote we met through shaadi.com in I-129f form in IMBRA coloumn.
My question is its fine answer or Its gona give me any problem like RFE etc..
Please help me in this I am so worried about this


I don't think shaadi.com would be classified as an International Marriage Broker under the definition in the IMBRA. They don't focus primarily on hooking up Americans with foreigners, basic services are free to everyone, and they don't charge different fees for premium services to Americans than they do for people from other countries.

If you haven't been convicted of any crimes covered by the IMBRA then it won't affect you at all.
JimVaPhuongMaleVietnam2011-06-23 22:55:00
K-1 Fiance(e) Visa Process & ProceduresK1 interview successful!! What do i need for the port of entry?

If he was approved for the visa and has the visa, I don't think you need to bring anything but that.. your passport with the visa..
You only need your medical envelope and binder of your relationship/forms to the interview and you're stating he already went to the interview..


This is wrong. A K1 visa holder is given a sealed envelope from the consulate that contains pretty much their entire file. They must have this envelope, and it must be presented at the port of entry unopened, or they will not be processed and admitted to the United States. If they show up with nothing but the visa in their passport then they'll be denied entry.
JimVaPhuongMaleVietnam2011-06-22 23:50:00
K-1 Fiance(e) Visa Process & ProceduresWould be a reason for denial or AP?

Actually thats not true, if your son and his USC parent meet the requirements for getting a CRBA he will in fact be a natural born citizen and therefore eligible for the US presidency.


This has never been clearly defined by law. This issue has been batted around in US courts since Chester A. Arthur was president, but it's never been resolved. Even today, there are legal scholars who argue that the intent of Section 1, Article 2 of the Constitution was to prevent anyone born abroad from serving as president, even if they acquired citizenship at birth. This topic is addressed in chapter 7 of the Foreign Affairs Manual, 7 FAM 1131.6-2:

http://www.state.gov...ation/86757.pdf

7 FAM 1131.6-2 Eligibility for Presidency

a. It has never been determined definitively by a court whether a person who acquired U.S. citizenship by birth abroad to U.S. citizens is a natural-born citizen within the meaning of Article II of the Constitution and, therefore, eligible for the Presidency.


To date, there has not been a US president who was proven to have been born outside the US, though there have been presidential candidates born abroad. John McCain's eligibility was challenged because he was born in the Panama Canal Zone. The issue wasn't resolved in court because Congress passed an act specifically recognizing McCain's eligibility to run for the presidency. Even Senator Barack Obama signed that act.
JimVaPhuongMaleVietnam2011-06-25 10:20:00
K-1 Fiance(e) Visa Process & ProceduresWould be a reason for denial or AP?

Even if the child is not going with me at the same time? :unsure:


It's up to the consular officer. My friend's fiance interviewed for her K1 a few weeks before they were scheduled to go in for the CRBA appointment. The CO gave her a blue slip and told her to come back when the CRBA was finished. She came back about six weeks later with the baby's US passport and CRBA and they gave her a pink slip and approved her K1 visa.

You could certainly explain the situation to the consular officer. I'm not sure how they'd feel about a child with an unprocessed claim to US citizenship being left in the country while both biological parents are in the US. I've never heard of anyone with a similar situation, so I don't know what they'd do.
JimVaPhuongMaleVietnam2011-06-21 20:51:00
K-1 Fiance(e) Visa Process & ProceduresDenied for Unemployment

Depends on the consulate. If the consulate accepts co-sponsors and your co-sponsor meets the requirements, it should be no problem.

I say "should be" because such decisions are at the disgression of the consulate officer handling your case and no one here can say for sure.


This is correct, with the exception of "discretion". :blush:
JimVaPhuongMaleVietnam2011-06-25 10:24:00