Forum	Title	Content	Member	Sex	Country	Date/Time
K-1 Fiance(e) Visa Process & Procedures	Did you get a visa after serving the 3/10 yrs ban ?	Updating ... I got my visa .. with no questions about overstaying a j1 visa .. i guess i was honest on the forms .. and i had all the proofs leaving the country so i was a little nervous .. but they didnt request any doc ... or proof .. they just asked normal questions about k1 visa .. 3 ones .. Where did i meet my fiance? If i lived with him in California and when do we intend to marry ? I guess after you serve the ban you dont have any problems ... or maybe the agency never reported me to the immigration	MSM	Female	Brazil	2012-07-23 14:05:00
K-1 Fiance(e) Visa Process & Procedures	Did you get a visa after serving the 3/10 yrs ban ?	I left voluntary too .. before the visa expired on the passport .. I thought they had a list on their system or some way they could find out ... but i guess no .. I have tickets leaving Los angeles and going to Brazil with my fiance when I was leaving US .. I will take all the evidences showing I left US before 1 year visa I had (J1) .. I think I have even the baggage tags from 2008 from American Airlines .. the email from the agency I was buying the ticket .. good to know this .. thank you Me&him	MSM	Female	Brazil	2012-05-03 15:46:00
K-1 Fiance(e) Visa Process & Procedures	Did you get a visa after serving the 3/10 yrs ban ?	I am curious for my fiancee because 27 years ago she came to the states on a K1, did not marry, too embarrassed to come home stayed about 10 months past the 90 days. Does anuone have info on this and if so can it will it affect her eligiblity. 2 years ago she told Us Emabassy everything and they gave her a 10 year B1/B2. So this is promising...as if they viewed her as ineligible they would not have granted her the visa. Any input for us?? When i was searching and didnt find anything about my question .. I saw some fiancees who stayed in the US and didnt marry in the 90 days .. and didnt have any problem .. but I m not sure what happens if she left the Us after it and stayed 10 months out of status .. lets see if somebody can help us ..	MSM	Female	Brazil	2012-05-03 14:35:00
K-1 Fiance(e) Visa Process & Procedures	Did you get a visa after serving the 3/10 yrs ban ?	Hello my Vj friends .. I am very curious to find out who already got a visa after a ban staying illegal, overstayed or out of status in the US ... The thing is I cant find anything saying that after you served the ban you are Ok to entry the country with a k1 visa .. I Already talked to some au pair who stayed in the country less than 180 days and they got the visa with no problem .. I was living with my fiance for 11 months em 2008 ( Feb till dec 2008 ) .. so less than 365 days .. so I guess i got the 3 years ban .. So now in 2012 I guess im not in the black list anymore ... Can anybody help me ??? It can be even with other types of visa .. thank you	MSM	Female	Brazil	2012-05-03 14:17:00
K-1 Fiance(e) Visa Process & Procedures	What do you do if they lose your paperwork after approval?	Thank you and good luck! Definitely contact your congreeperson. We were very lucky to find one who'd actually help. Some said no, wait until its been TWO YEARS, then we'll help. NVC wouldnt respond to me but they sent detailed emails to our congresswoman. ANd call USCIS, ask for a tier 2 person and ask them to send out a "service request" to see where your paperwork is. Keep us updated! And thanks for reading our blog www.bringmydaddyhome.blogspot.com	candance	Female	Ireland	2012-06-28 00:14:00
K-1 Fiance(e) Visa Process & Procedures	What do you do if they lose your paperwork after approval?	Ours was approved May 17. I called yesterday and they just received and assigned a case number. BUT I did have to get our congresswoman involved. I also called USCIS, asked to speak to an officer, was on hold for an hour and 15 minutes and then finally got someone. He said he'd put in a "service request." I'm not sure if these two things helped them find our case or if it just happened. But good luck guys! Our was sitting somewhere for almost a month and a half. I was calling and emailing everyday. The frustration is so unneeded. They really need to figure their stuff out. I have a blog going about our horrible experience, if you want to check it out - www.bringmydaddyhome.blogspot.com. Candance	candance	Female	Ireland	2012-06-26 22:26:00
K-1 Fiance(e) Visa Process & Procedures	Interview documents	Oops wrong forum. I'm sorry, can someone move my post to Adjustment of Status from Work, Student, & Tourist Visas? Thank you	Ana Aguilar	Female	0	2012-07-20 21:13:00
K-1 Fiance(e) Visa Process & Procedures	Interview documents	Hi there I got my interview appointment for next month and I have a few questions. Will I have to bring the forms (I-130, I-485 and all the others) to the interview? Also, I and my husband got married in March, I had arrived here in January. We are together everyday all the time (24 hours a day). We are waiting for our course to start in September, which we will go together to too but we don't really know what to bring as proof of relationship. We don't have an account together since none of us work or is making money at the moment. We met in person in January after we were dating online for 5 months (met in a online role playing game, same as World of Warcraft). We have a lot of skype conversations( really A LOT) even though we voice called each other a lot too, but there are no phone bills because all we used to talk before was skype and messenger. We have some pictures together since I came to the USA but not that many because he is shy to take pictures lol and our wedding was very simple (we are thinking of having a wedding party when we can afford it and invite my family from Europe). We have been to Disneyland, Las Vegas (twice), Seaworld, always with his parents, but there are not many photos. Everyone knows how in love we are and that we are literally together all the time. So I'm thinking of bringing screenshots of many skype conversations, all the pictures we have, registrations for the same school, 3 affidavits by his family. What else could we bring in our situation? Its ironic to think how in love we are and that we haven't been without each other for a minute and we don't have that much proof to bring lol I think the best proof we have is that we know everything about each other. Thank you very much Edited by Ana Aguilar, 20 July 2012 - 08:53 PM.	Ana Aguilar	Female	0	2012-07-20 20:44:00
K-1 Fiance(e) Visa Process & Procedures	Name Change	Yes ... I see what you are saying! I'm going to look into that, and find out how are things done here in Caliornia! Thanks!	Becky?Dany	Female	Mexico	2012-06-15 01:08:00
K-1 Fiance(e) Visa Process & Procedures	Name Change	Rebeca just change the first,Ramirez,Solis is mother last name,u must to be Rebeca Ramirez,just that,good look what about his last name?? I mean can he only have one, because I don't want him to have two ... so is it ok if he only keeps Ramirez?	Becky?Dany	Female	Mexico	2012-06-12 15:26:00
K-1 Fiance(e) Visa Process & Procedures	Name Change	I know that I can change my last name to take my husband! Problem is he has two ... as is usual in Mexico we take both our mom's and dad's ... for example his name is Juan Daniel Ramirez Solis .... can we take out one so he only has Juan D. Ramirez and mine change it to Rebeca Ramirez???? I don't know if this is possible?? On our next form (I-485) have the new name (married name) and apply for the ssn before he changes his name and then change it to the married name	Becky?Dany	Female	Mexico	2012-06-12 14:53:00
K-1 Fiance(e) Visa Process & Procedures	K-1 visa enquiry	First and foremost - listen to the ones that have already gone through Lagos, both succesfully and denials. You'll learn from both - how to deal with age difference and other factors. Where do you find people's interview experience at Lagos?	OA&KB	Female	Nigeria	2012-07-13 02:33:00
K-1 Fiance(e) Visa Process & Procedures	Can I add additional "evidence" to my I-129F packet after is already approved by USCIS?	I first heard about "front loading" your I-129 F application for a K-1 visa on this website. Is there any way for me to add more evidence (though I was not asked for more evidence) to my approved packet while it is at the National Visa Center, before being sent to the embassy in my fiancés country? Or should I just send the additional evidence to him for the interview? I have read here that sometimes in Lagos, Nigeria they don't look at more evidence the beneficiary has brought. Thank you in advance for help.	OA&KB	Female	Nigeria	2012-07-19 17:00:00
K-1 Fiance(e) Visa Process & Procedures	sending paperwork to fiance for his interview	I am preparing the paperwork to send to my fiance for his interview. I need to know if I send originals or photocopies to him of the following documents? NOA2 ? Pay stubs ? Bank statements ? Tax transcripts ? Thank you, you all are a great help!	OA&KB	Female	Nigeria	2012-07-26 15:07:00
K-1 Fiance(e) Visa Process & Procedures	Worried & Confused - Help!	Once the visa is issued then it's valid for six months. Once you enter the US with the visa then you've got 90 days to get married. Practically speaking, this gives you a 9 month window for the wedding, provided you allow sufficient time to actually get the visa. If it's really important to have a big wedding in the US, and you want that to be the ONLY wedding (i.e., no civil marriage to satisfy the K1 requirements) then submit the petition at least a year before the planned wedding date. The K1 denial rate is pretty low for UK citizens, and the odds of getting visa within 12 months are very good. Chance are you'll get the visa several months before the planned wedding, and you've got six months to use it. Plan to enter the US several weeks before the wedding. This will give you time for rehearsals and such, and still ensure that the wedding date is within the 90 day window. Just keep in mind that any delays or setbacks could result in you having to change your plans. Planning on getting everything completed in 8 months is a gamble that you'll probably lose. Caveat: I wouldn't even consider the above plan if your fiancee is from a second or third world country. The risk of being denied or delayed is too high.	JimVaPhuong	Male	Vietnam	2012-04-03 09:47:00
K-1 Fiance(e) Visa Process & Procedures	Do K-1 VISA holders have a ARN?	Thank you for your quick reply. I am confused on a couple other things 1. Consensus says the ARN is an 8 digit number preceded by an A. 2. There is conflicting information on this website saying whether or not the ARN is the same on the I-797 Notice of Action as on the actual VISA. Lots of people are saying the number on the VISA is the VISA Number, not to be confused with the ARN given on the NOA. Which is it? 3. I have a copy of my fiance's I-797 right here in my hands. It lists: PETITIONER: me... BENEFICIARY: my Fiance and above her name is this number: A111 000 111 (not actual number, but you get the idea). It is a 9-digit number preceded by an A. Not an 8-digit number. Should this number match up with the number on the VISA? What does it mean if it doesn't? thanks My wife's "A" number was on the petition approval notice, and every notice we received from USCIS during the adjustment of status process. It's also on her green card. It was NOT on the visa, however.	JimVaPhuong	Male	Vietnam	2012-04-04 01:28:00
K-1 Fiance(e) Visa Process & Procedures	Marrying another immigrant after divorce	I am married to an immigrant from Mexico. We separated in 2010, but I could not pay for the divorce until now. The divorce will be finalized in May or June if all goes well. I never completed the case. It sat at NVC and they finally terminated the case. I am now engaged to a man from England. I want to file the I-129F as soon as the divorce is final. How will this effect my case with my current fiance? I want to do this right and prove that we are in a true relationship. We have talked on Skype daily since Nov 2010. He came to visit for a week in Feb 2012 and then extended his stay another week. I tried to get transcripts off Yahoo from our talks, but only got back to Aug 2011 as it must have erased after they updated their program. Any suggestions will be helpful. Also if we file the I-129F in May can he come visit in August? When the petitioner has filed a previous petition for a spouse or fiance then they always look at the previous case and the current relationship more closely to see if a pattern of fraud emerges. It's less likely to be an issue at the embassy in London than it would be in a third world country, but they'll still look at it, and they'll likely ask your new fiance about it. Make sure he knows all about your previous marriage and any immigration steps you went through. Evidence showing a relationship that began before the previous marriage was terminated is sometimes considered a sign of potential fraud. Again, this is more likely in a third world country than in England. Still, he should be able to explain any questions about this to the consular officer. It's not prohibited to visit while a fiance visa petition is pending. He can certainly try to visit. There's no guarantee he'll be admitted. CBP may insist on seeing proof of his intent to return to England, such as evidence he's got a job and home to return to. If it looks at all like he abandoned his life in England to come to the US then they'll suspect he intends to become an immigrant before leaving, and they'll deny him entry.	JimVaPhuong	Male	Vietnam	2012-04-05 22:58:00
K-1 Fiance(e) Visa Process & Procedures	DEVASTATED!! NEED HELP!!!!	i feel for you because i to have gone thru this. i have been married 4 years and i am finally adjusting status bc of this proverty guideline thing. i was off by 2,000 every year until i finally changed jobs and thank god i made more than enough last year. although my job only taxed me on 25,000 i made 32,00. my fingers crossed that all goes well with mines bc i sent them my original w2s. i will keep you in my prayers. good luck... but as everyone has already said ask around with friends and family seeing if they are willing to help. explain the situation. sorry again:( It doesn't matter if you employer withheld taxes on the money. It matters if the income was declared and included in the total income on line 22 of your tax return.	JimVaPhuong	Male	Vietnam	2012-04-05 23:04:00
K-1 Fiance(e) Visa Process & Procedures	Self-Employed Taxes	Yes, i agree the 134 is optional for the consulate, which i stated above (which require 134)... It is a dis-service to suggest a USC making 0% and foreign alien making 200% (or have excessive assets) could not get visa based on foreign alien income or assets, which will meet or exceed the future 864 requirements (in which they will be co-applicants) Consulates usually apply a restrictive version of the I-864 rules when evaluating an I-134 for a K visa. This means they apply the same basic set of rules, but don't allow some things that would otherwise be allowed with an I-864. It's difficult to give concrete advice for the I-134 because even Department of State doesn't provide concrete rules for the consulates, whereas the I-864 has concrete rules in both law and policy. However, I'm not aware of any circumstance where they allow something with an I-134 that they would not allow with an I-864. The I-864 only permits the alien's income to be considered if it will continue from the same source after the alien becomes a permanent resident. This is not the case for the overwhelming number of aliens applying for a K1 visa, who will have to quit their jobs before coming to the US. The I-864 does allow the alien's assets to be considered, but most consulates will not consider them when evaluating an I-134. I do know that the US Embassy in London is an exception, and there are probably others as well. Those consulates have devised methods for the alien to declare this information. Most other consulates don't provide a method for the alien to declare their assets, and the I-134 doesn't provide a way to do this. BTW, you can pretty much ignore the instructions for the I-134. They were written by INS before the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. At that time, the I-134 was the primary affidavit of support used by both INS and Department of State. However, because the contract portion of the I-134 was written by a bureaucrat instead of a lawyer, it was held as unenforceable in multiple court cases. The IIRIRA Act required a legally enforceable affidavit of support, and laid down concrete rules for sponsor qualifications which became section 213A of the INA. INS (now USCIS) stopped using the I-134 at that point. Department of State still uses it as a screening tool for the public charge determination for some types of visas, but because there are no laws or department wide policies regarding it's use each consulate makes it's own rules. With a K visa, the consulate wants to see a sponsor who will be able to sign a sufficient I-864 when it comes time for the alien to adjust status in the US. They look at the sponsor's financial documents for this. The I-134 is little more than a cover sheet for those financial documents. The consulate isn't bound by the terms in the form's instructions. Also, when it comes time to submit an I-864, the primary sponsor is always the primary sponsor. The alien can contribute income (if it's qualified) and assets to help the sponsor qualify, but that doesn't shift any of the burden away from the primary sponsor, or make the sponsor and the alien "co-applicants". The sponsor will be the only person signing the I-864. The alien doesn't sign it or have to agree to it's terms.	JimVaPhuong	Male	Vietnam	2012-04-07 20:08:00
K-1 Fiance(e) Visa Process & Procedures	Mixed stories about petitioner and affadavit of support,someone please clarify.	We have copies of some of his checks and could estimate how much he made for the year.The issue was that we dont have a copy of all his checks and I thought we would need the, to file.So an estimate of his income is sufficient without proof when we fo to file ? He doesn't need copies of the checks. Most people who are self-employed don't keep copies of the checks they receive. They maintain books to keep track of their revenues and expenses, and they have bank statements to corroborate their income claims. Even cash income can be corroborated with a bank statement as long as the money is deposited in the bank. It's called accounting. If your husband plans to continue working as a self-employed person then he needs to learn at least the basics. He doesn't necessarily need to take any courses or buy fancy software for this. He can read a book on the basic stuff that needs to be recorded, and put it in a spreadsheet or even buy ledger books and write everything down. He should also check to see if the city, county, or state require him to have a license to operate as a promoter. In most cities, if you collect money for the sale of products or services then you need a business license. You also usually need to pay business taxes to the city, county, and/or state. Those taxes are usually paid on gross revenues without accounting for deductions, but they're also usually pretty small, like 1/10th of 1%. Bear in mind that he isn't going to be required to prove anything to the IRS when he files his tax return. He'll only need the documentation if he gets audited by the IRS, and less than 5% of low to medium income self-employed people are audited. The IRS mainly goes after higher income taxpayers because, as the infamous bank robber Willie Sutton once said when asked why he robbed banks, "That's where the money is". If he does happen to get audited then the IRS will usually accept his claim that he was paid a certain amount of money on a certain date unless they have evidence to the contrary. Where they are absolute sticklers about documentation is for deductions. If he claims an expenditure as a business expense then he must have a receipt to prove it. Without a receipt the IRS will disallow the expense, which will increase his taxable income. Again, this is only an issue if he gets audited. If he isn't audited then the IRS won't ask to see any proof of his income or deductions. Your husband should be able to get bank statements covering that period. He may also be able to get photostatic copies of the checks. Banks routinely photograph checks when they process them. With most banks, he should be able to collect whatever he needs online.	JimVaPhuong	Male	Vietnam	2012-04-10 09:12:00
K-1 Fiance(e) Visa Process & Procedures	Roller coaster day over 1-134 Please read	1.Without using a cosponser I don't meet the income menimum but have more he enough in savings and other assets worth over 100k, do I just fill out the 1-134 form with that info and submit it with the bank papers. 2.The form asks about personal assets but I don't see anything about proof. First, assets only need to be 3X the shortage in income if you're sponsoring your fiance, spouse, or minor child. The 5X rule would apply to any other type of relative or to a joint sponsor who isn't related to the intending immigrant. Assets generally require two things; proof that you own them, and proof of their value. For money in the bank, you'll want bank statements going back at least 12 months. They want to see what the balance has been over that time. They're trying to make sure you didn't temporarily borrow some money to qualify. For real estate you need a copy of the deed or title, a recent appraisal by a licensed appraiser, and recent statements from every lien holder. The value will be the difference between the appraised value and the total of the liens. In other words, the equity. You might also consider dropping some of those business deductions on your schedule C in order to boost your line 22 total income on your 1040. You're not required by law to take those deductions just because you're eligible to take them. 3.One last question for now, sorry for the overload! If I go the cosponcer route, how long are they held responcible? Technically, they will never be responsible for anything. The I-134 isn't legally binding. Things are different for the I-864, which you will be signing when it comes time to apply for a green card. The I-864 is binding until one of four events occurs: 1. The immigrant becomes a US citizen. 2. The immigrant can be credited with 40 quarters (10 years) of work credit through the Social Security Administration. In other words, once they have worked long enough to qualify for other SSA benefits. 3. The immigrant loses their permanent resident status and leaves the United States. 4. Either the immigrant or sponsor dies. An immigrant spouse of a US citizen can become a US citizen in as little as 3 years. That's the bare minimum amount of time the affidavit of support will be binding. The potential maximum is the rest of your natural life.	JimVaPhuong	Male	Vietnam	2012-04-10 00:22:00
K-1 Fiance(e) Visa Process & Procedures	some countries	thought took 10 years for citizenship guess i was told wrong in anycase happy for you and alla fyi gary i do think about the advice you had given and I talk to sveta often about what she would like to do once she is here and i advice her things that i feel should be done ( from advice from you ) Someone who acquires permanent residence through marriage to a US citizen is eligible to apply for citizenship three years after becoming a permanent resident if they are still married to that US citizen. Everyone else is eligible to apply for citizenship five years after they become a permanent resident. There are continuous residence and physical presence requirements, as well. For example, the clock stops if you've been outside the US for more than six months, and resumes when you return. You also must have spent at least half of the time you were a permanent resident physically present in the US.	JimVaPhuong	Male	Vietnam	2012-04-10 08:40:00
K-1 Fiance(e) Visa Process & Procedures	Fiance's kids	I have a South Asian fiance and I want to bring her to the US to marry. She has 2 kids- a boy and a girl. She wants to initially bring her 9 year old daughter only to live in the US. Her son is 16 and would remain with his dad until he turns 18. After that he may want to come to the US or remain at his home. When I apply for the fiance KI visa, i understand that I would need to apply for her 9 year old daughter, so that she can come with my Fiance. As for her Son, should I apply for a visa for him as well, so that he will be able to secure a visa before he turns 18? After he turns 18, it would not be easy getting a visa, as I understand? What is the best approach I can take. Thank you for any advise. Much appreciated. AMT List ALL of her kids on the I-129F, regardless of whether or not they will be immigrating. You don't submit any separate petitions for the kids, at least not now. They become eligible as derivatives of the petition you file for your fiancee. Once the petition is approved then your fiancee will receive a packet from the consulate inviting her to submit a visa application. At that time either, both, or neither of her kids could also submit visa applications. Their eligibility to apply for a visa is based on the same petition that made your fiancee eligible to apply for a visa. Pay close attention to the instructions from the consulate. The forms required for the kids is usually similar but not identical to the ones required of the primary applicant. A child can get a derivative visa at the same time as the primary applicant, or within one year after. This means that one year after your fiancee gets her K1 visa then the window of opportunity to get a K2 visa for either kid closes. If her son isn't ready to apply for a visa before that time then he won't be able to get a K2 visa. Kids are eligible for K2 visas within that one year window as long as they enter the United States before they're 21. My step-son was 19 when his K2 visa was issued. This is one of the unique benefits of a K1 compared to a CR1/IR1 spousal visa. Now, if you marry your fiancee before her son is 18 years old then you will be eligible to submit a petition for him as your step-son. As long as you get the petition submitted to USCIS before he's 21 then he'll be able to get a visa as an immediate relative of yours - an IR2 visa. The total time between submitting the petition and getting the visa is between 8 and 12 months, on average. If you wait until after he's 21 to submit the petition then he'll no longer be eligible in an immediate relative category, and he'll be eligible instead for a family preference F1 visa. The downside of family preference visas is that there are annual numerical limits, which means he'll have to wait in line until his turn comes up for a visa number. The wait for an F1 visa is currently about 7 years, so it would be wise to get his petition submitted before he's 21. If you marry your fiancee after her son is 18 then you won't be eligible to submit any sort of petition for him. Your wife will be able to submit a petition for him after she gets her green card, but it will be a family preference visa category - F2A if he's under 21 when a visa number becomes available, or F2B otherwise.	JimVaPhuong	Male	Vietnam	2012-03-31 21:45:00
K-1 Fiance(e) Visa Process & Procedures	Withdrawing K1	There was a topic where I could have asked but it was locked. What happens if a petition is withdrawn? Are the names for petitioner and beneficiary still in the Homeland Security system as a red flag? Does it still restrict you the same as an approval does for two years? The record of the petition does stay on file. Whether it's a red flag for future petitions or visa applications will depend on the circumstances, particularly the reason for withdrawing the petition. Someone who was the beneficiary of a previously withdrawn petition could expect to be asked about that petition and petitioner if they apply for a family based visa in the future. If the petitioner stated they were withdrawing the petition because they had evidence they were being played for a green card then the beneficiary can expect that petition and relationship to be a hot topic at their next visa interview. The IMBRA filing limitations kick in if a petition was approved within the previous two years, or two or more petitions were ever submitted. Withdrawing a petition doesn't erase it from the record. If it was accepted by USCIS then it counts as a submitted petition. If it was approved then it counts as an approved petition.	JimVaPhuong	Male	Vietnam	2012-04-11 11:28:00
K-1 Fiance(e) Visa Process & Procedures	k2 visa but childs name was not listed in k1 petition	hi guys..i want to apply for k2 visa for my kids but their name were not listed on 129f peition.. any advice please? Why were the children not listed on the K1 petition? I've heard of this situation coming up at the embassy in Manila before. The consulate usually presumes you might have been hiding the fact that you had kids from your fiance. Will your fiance be attending the interview with you?	JimVaPhuong	Male	Vietnam	2012-04-12 01:44:00
K-1 Fiance(e) Visa Process & Procedures	Previous Petition From A Different Petitioner	K1 petitions expire in 4 months unless the consulate extends their validity, which they will usually do. They can't extend the validity beyond 1 year. If the beneficiary doesn't respond within 1 year then the consulate will send the petition back to USCIS as abandoned. USCIS will usually close the petition. If USCIS approved a subsequent petition for the same petitioner then the first petition is almost certainly closed. Only a bureaucratic error would leave it still open.	JimVaPhuong	Male	Vietnam	2012-04-12 01:48:00
K-1 Fiance(e) Visa Process & Procedures	RFE RESPONSE	What precisely did the RFE say, and what precisely did you send in response? I have a strong suspicion you misinterpreted the RFE to be a request for further proof of a relationship, and USCIS rarely sends RFE's for that. They simply don't care. Your letters of intent are all the proof they need that you intend to marry. Evaluating the bona fides of your relationship is the consulate's job. If they were asking for proof that you'd physically met within the two years prior to filing the petition and you responded with relationship evidence or evidence of a trip you made after you filed the petition then the petition is going to be denied.	JimVaPhuong	Male	Vietnam	2012-04-13 08:28:00
K-1 Fiance(e) Visa Process & Procedures	Eligibility for K1 fiance visa	Am I eligible for fiance visa? I went out of status while I was a student in US. My I-94 is marked F1 D/S. Now I want to apply for K1 visa to marry my friend in US. I haven't met her in person yet. I am from India. What are the chances of getting visa. Please help. With an I-94 that's marked "duration of status" you usually don't start accumulating unlawful presence until an immigration judge or USCIS adjudicator says you're out of status. Did you ever get any formal communication from USCIS that you were out of status, or did you ever appear in front of an immigration judge? If not then don't worry - you'd didn't accumulate any unlawful presence and you shouldn't need a waiver. Your fiancee can't submit a petition for you until you've both met in person.	JimVaPhuong	Male	Vietnam	2012-04-16 00:16:00
K-1 Fiance(e) Visa Process & Procedures	refile K-1 or CR-1	I can see the consulate denying the K1 visa because he lied on a previous visa application. They have the discretion to deny for pretty much any reason they want. I'm not sure there's a material misrepresentation here, though. There's no statutory requirement for a consular officer to consider whether or not someone is married in order to determine if they should get a tourist visa. It loosely falls under the "strong ties" consideration, so it's a discretionary factor they can consider, but it isn't a fundamental eligibility factor. The criteria they usually use to determine if a fact is material is whether the truth could have changed the outcome. The tourist visa was denied, and it still would have been denied if he'd admitted he wasn't married. Similar situation occurred to a friend of ours just recently. Unfortunately, even with a bachelorhood certificate from the registry the embassy still did not want to give them another chance or consideration. To them the person lied on an application and they view that as deceit. Therefore, the consequences are harsher. They will face misrepresentation and a waiver will need to be obtained. Have your friend look into the information here on VJ and contact an attorney ASAP prior to making a hasty decision. I would say an attorney is a must at this point for them to proceed. Good luck to them. In the case you're referring to, did the consulate make them apply for an I-601 waiver? I'm just curious to know how the consulate in Lagos handles this sort of thing.	JimVaPhuong	Male	Vietnam	2012-04-16 00:10:00
K-1 Fiance(e) Visa Process & Procedures	Below income requirement	My understanding has always been that the consulate in Manila is more likely to approve a "co-sponsor" (there is no such thing technically with K-1 but I digress)if that person is a family member of the USC. I recall someone getting an email from the Embassy in Manila confirming this.	JimVaPhuong	Male	Vietnam	2012-04-04 23:41:00
K-1 Fiance(e) Visa Process & Procedures	K1-Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?	People should not be interpreting the question based on what they think it should mean. The question on the DS-156 is: Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States? There is a difference between unlawful status and unlawful presence. You can have unlawful status but NOT have unlawful presence in the US. For example, someone whose I-94 has expired but who has a pending adjustment of status application will have unlawful status, but they do NOT have unlawful presence. Minors do not accrue unlawful presence, though if they are EWI or their status has expired then they have unlawful status. The Adjudicators Field Manual describes it as an exception to unlawful presence as follows: An alien whose unlawful status begins before his or her 18th birthday does not begin to accrue unlawful presence for purposes of section 212(a)(9)(B) of the Act until the day after his or her 18th birthday pursuant to section 212(a)(9)(B)(iii)(I) of the Act.	JimVaPhuong	Male	Vietnam	2011-06-16 21:42:00
K-1 Fiance(e) Visa Process & Procedures	K1-Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?	ON DS156 FOR QUESTION, Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?; MY FIANCEE WAS BROUGHT INVOLUNTARILY TO THE US BY HER PARENTS WHEN SHE WAS 12 YRS OLD. NOT ON VISA, AND WAS NEVER DEPORTED OR CAUGHT BY IMMIGRATION, NOW SINCE SHE WAS BROUGHT HERE, STOOD HERE FOR TWO YEARS AND THEN HER PARENTS TOOK HER BACK, DOES THIS MEAN SHE SHOULD ANSWER "YES" SINCE SHE WAS UNLAWFULLY PRESENT IN THE USA TO THIS QUESTION? OR IS THIS RELATED ONLY TO VISAS AND DEPORTATION? By strict interpretation of the question, the answer would be "no". She didn't have a visa, so she didn't violate the terms of any visa. Minors are not defined as "unlawfully present". She was never deported.	JimVaPhuong	Male	Vietnam	2011-06-16 08:17:00
K-1 Fiance(e) Visa Process & Procedures	I-94 expired. WHAT TO DO ? CAN WE GET EXTENSION?	Alla had a Vermont drivers license two months before her green card. For a K-1 we only needed a marriage license and the NOA1 from filing the AOS. The requirements vary by state. The OP is from California. The California DMV is horribly inconsistent with applying their own policies. Proof of lawful presence is required in California, and most people who present an I-94 to satisfy that requirement are temporary visitors. This is probably why they recommended to the OP to get an extension of stay. State law requires that any proof of lawful presence must have at least 60 days remaining validity in order for it to be accepted by the DMV. The law allows the DMV to accept an I-797, but only if it indicates that an extension of stay, adjustment of status, or application for a replacement permanent resident card has been approved, and the 'official' document is forthcoming. I know one person who managed to get a driver license with only an I-485 receipt notice. I know three people who were denied trying to use the same type of document. Most people in California won't get a driver license until they get their green card.	JimVaPhuong	Male	Vietnam	2012-04-20 00:12:00
K-1 Fiance(e) Visa Process & Procedures	After arrival in U.S, what next?	Hey guys, i just wanted to know and aware in advance on what to do next after arrival in U.S. I mean the first thing to do before marriage? Thanks in advance. You don't necessarily have to do anything before getting married. My wife and I got married less than a week after she arrived. We went to the county clerk's office, and walked out 20 minutes later with a marriage certificate. They even found a Vietnamese Justice of the Peace to conduct the ceremony for us. We applied for her Social Security card a couple of weeks later. The first thing to do after arriving in the US is to unpack.	JimVaPhuong	Male	Vietnam	2012-04-24 01:17:00
K-1 Fiance(e) Visa Process & Procedures	Lawyer Aggravation	I'd fire any attorney who didn't respond to a question within 24 hours unless they had a damn good reason. If they're so busy that they can't respond for days or weeks then they've either taken on more clients than they can handle, or they need to hire more help. You can fire an attorney at any time and for any reason. Just make sure you get the important documents from their files, especially any correspondence from the government. You'll need the petition NOA2 for adjustment of status.	JimVaPhuong	Male	Vietnam	2012-04-22 10:01:00
K-1 Fiance(e) Visa Process & Procedures	Will this cause a denial	The consulates do not look for reasons to deny, they look for reasons to approve. Focus on and present what makes your case approvable. I know very little about the consulate situation in SVG, but I know that this is definitely NOT the case at a lot of US consulates in third world countries. Many consulates begin with the presumption that the relationship is a sham, and then set about looking for evidence to back up that presumption. They're not looking for reasons to approve. They approve when they fail to find reasons to deny. Gary pointed out some countries where the OP's circumstances could be an issue at the consulate. I can't speak for China and the MENA countries, but I know that this can be an issue in Vietnam under certain circumstances. The consulate in HCMC generally favors long relationships over short ones, but they can become suspicious if the two families knew each other for a long time. They might suspect one family is helping the other family to immigrate.	JimVaPhuong	Male	Vietnam	2012-04-24 01:33:00
K-1 Fiance(e) Visa Process & Procedures	Meeting Poverty Guidelines, NEED HELP	Hey guys, Please, help with advice. My fiance is US citizen and it is 3 months since our NOA-1. He has tax returns ONLY for 2011 (he didn't file taxes before). Also, he doesn't meet Poverty Guidelines to be a Sponsor. Our question is: if now he will find a job with enough salary to meet Poverty Guidelines (e.g $18.912 per year)- would it be enough to be a Sponsor and to not involve a Joint Sponsor??? Thank you. It's up to the consular officer. They have discretion with a K1 visa that they wouldn't have with an immigrant visa. Most consulates do rely pretty heavily on the most recent tax return, but some will cut you some slack if you have a new job that you've held at least three months and can produce an employment letter and pay stubs to prove it.	JimVaPhuong	Male	Vietnam	2012-04-24 23:51:00
K-1 Fiance(e) Visa Process & Procedures	Lost X-Rays... what should we do?	There's a 99% chance you will never need those x-rays again. They do not ask for them at the port of entry. They won't be required for adjustment of status. The 1% chance is remote, but it goes something like this... After you and your fiance are married you'll be submitting an application for adjustment of status so he can get a green card. One of the requirements for adjustment of status is that your fiance has had an immigration medical exam, and his vaccinations are current. The medical exam results are supposed to be included in the sealed envelope he'll carry into the US, and hand over to the CBP officer at the port of entry. If his vaccinations are complete then he should have a DS-3025 form indicating that. Some people just submit the DS-3025 with the AOS application and everything is fine. Some people don't have their vaccinations complete, so they go to a civil surgeon in the US to have their vaccinations transcribed to an I-693 form, and get any additional vaccinations they require. They send the sealed envelope they get from the civil surgeon to USCIS with their adjustment of status application. Occasionally, USCIS will somehow manage to lose the results of the medical exam the applicant had in their country, and they'll send an RFE for a complete medical exam. You don't have a heckuva lot of choice in these cases except to go to a civil surgeon and have a full medical done. An immigration medical performed in the US doesn't require x-rays. It only requires a TB skin test. If your spouse has a positive reaction to the TB skin test then new x-rays may be required. The above scenario is almost what happened to my step-son, but with a few twists. My wife and step-kids needed to go to the civil surgeon because their vaccinations weren't complete. Since I'm allergic to RFE's I decided they should get the complete medical, and the civil surgeon could complete the entire I-693 for each of them. He gave me a generous discount for three. My step-son had a borderline positive reaction to the TB skin test - about 4mm, where the threshold for a positive reaction is 5mm. The civil surgeon was tempted to recommend a chest x-ray. Fortunately, I had brought the x-rays from the medical exam in Vietnam, which were only a few months old by then. The civil surgeon examined the x-rays and saw some old scarring on my step-son's lung, but no active infection. He concluded that my step-son had been exposed to TB at some point in the past, but did not have an active infection, so he passed the medical exam. To this day, that is still the only case I've heard of where those x-rays actually came in handy. I've never heard of anyone else ever needing them.	JimVaPhuong	Male	Vietnam	2012-03-13 01:44:00
K-1 Fiance(e) Visa Process & Procedures	k1 visa question	Hi Does anyone know if there is a deadline to send in K3 package. I recently got package 3. Due to some situation, we would like to delay the interview process. Would it be possible to wait for 1.5 yr to send in package 3 and request an interview date. Are you talking about the response to packet 3? This is confusing because your profile says K1, and a K3 is a completely different kind of visa. The approval of the petition has a 4 month validity before it expires. The consulate will usually extend the validity if they receive correspondence from the beneficiary indicating that they intend to pursue the visa. The consulate can extend the validity of the petition approval for a maximum of one year. If you don't apply for the visa within one year of the petition approval then they'll consider the petition abandoned. The Foreign Affairs Manual instructs the consulate to send packet 3 to the beneficiary as soon as the approved petition has been received from NVC. If the consulate doesn't receive a response before the 4 month validity has expired then the consulate is supposed to extend the validity and send a second letter, this time requesting a response within 60 days. If they don't receive a response within 60 days then they'll consider the petition abandoned. They'll hold the petition at the consulate for one year, and then the petition will be destroyed. This is in section 41.81 N6.1 of the Foreign Affairs Manual. The bottom line is that you must respond or the petition will be considered abandoned. You can keep it active for up to a year as long as you communicate with the consulate.	JimVaPhuong	Male	Vietnam	2012-04-30 00:21:00
K-1 Fiance(e) Visa Process & Procedures	Wife did not make it past homeland and got k-1 cancelled	simple take pictures and post it facebook so everyone know what your house look like. Google street view has a very nice panoramic view of my house. I showed my wife how to view my house online while we were chatting. On my next trip to Vietnam I used Google street view to give her a virtual tour of my neighborhood, and even took her on a virtual drive from my house to her uncle's house, about 15 miles away. I also showed her the few notable highlights about my town that are worth seeing, and where a few of the better Vietnamese restaurants were. She saw all of this before she ever came to the US. Something to keep in mind - CO's ask two kinds of questions; those they know the answers to, and those they don't. For the second type, they're just fishing to see if the beneficiary can provide a credible answer. For the first type, they want to know if the beneficiary knows the RIGHT answer. CO's DO know how to use Google, so anything they can find out about the petitioner with a search engine is something they can potentially ask the beneficiary about at the interview. Can your house be seen on Google street view, like mine can? If so then the CO knows what color your house is, how many floors it has, and even what kind of car is parked in the driveway. If a CO asks the beneficiary questions about the petitioner's house then they may actually know the right answer. The same applies to CBP, ICE, and USCIS immigration officers. If the information is available online then they have access to it. I am one of those K1's that just mailed off my petition. To be honest, this freaks me out a little bit. My fiance and I have talked about it and we were almost in a panic when I first read it. Now not only do we have the worry and stress of just getting to the interview and having the visa approved, we have to worry about actually getting him across the border. Guess there is no sigh of relief until he is in the states. Don't let it scare you. This scenario is very unusual. I'm guessing the OP has figured out by now exactly why it happened, but might be a little embarrassed to come back and share the facts. Probably doesn't help that the OP was accused of possibly being a troll on page 3.	JimVaPhuong	Male	Vietnam	2012-04-26 23:46:00