ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresWife 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. :whistle:
JimVaPhuongMaleVietnam2012-04-26 23:46:00
K-1 Fiance(e) Visa Process & ProceduresHelp!!

Okay, thank you very much! I didn't plan on marrying when I first came, but how would I go about proving that?


It's not illegal to enter the US with the intention of getting married. It's illegal to enter the US with a non-immigrant visa or entry pass if you have the intent to become an immigrant (i.e., get a green card) before leaving. Most non-immigrant visas or entry passes don't permit you to have immigrant intent at the time you enter the US, though there a few that do permit it. Many people seem to confuse this with intent to MARRY, which is actually perfectly legal.

Anyway, you don't have to prove you didn't intend to immigrate when you entered the US. USCIS would need to have evidence that you DID intend to immigrate. For example, if you got pulled into secondary inspection crossing the border and they happened to find a wedding gown and a copy of your birth certificate in your luggage then that would be pretty compelling evidence of immigrant intent. The CBP would, at the very least least, note something like this in your electronic file, presuming they didn't turn you around and send you back into Canada.

They don't deny adjustment of status for immigrant intent alone. It's simply not a serious enough factor. They'd need something more compelling, such as if they had evidence you intended to immigrate, and had further evidence that you lied to the CBP officer about your intentions.

Actually, people enter the US every day with a non-immigrant visa even though they intend to adjust status while they're here. Many immigration lawyers will even recommend it since the chances of the green card being denied on that basis is relatively small. Even so, it IS illegal, and nobody on this site will recommend you do anything illegal.

It doesn't sound like you planned to take this course when you entered the US, so it's extremely unlikely they have any evidence that would indicate otherwise. Get married and file for a green card. Congratulations, and welcome to the US!
JimVaPhuongMaleVietnam2012-05-03 01:26:00
K-1 Fiance(e) Visa Process & ProceduresPLEASE HELP I DONT KNOW WHAT TO DO NEXT

I'll add this... do not meet with her under any circumstances. ESPECIALLY if she "wants to make up" and have sex with you. She could set you up for a false rape report and not only get the violence provision for AOS, but get you locked up.

Be aware, be safe.

Best of luck.
-SS


The VAWA route is only available for the SPOUSE of a US citizen or LPR. She didn't marry him. He could beat her to a bloody pulp. He'd face assault charges, but she couldn't get a green card out of it.

There is now a provision in the law where a person entering on a K1 can adjust status without marrying the petitioner. It's not an easy thing to qualify for, but it does exist.


I'd also like more details on this. I've never heard of it.
JimVaPhuongMaleVietnam2012-05-03 01:38:00
K-1 Fiance(e) Visa Process & ProceduresForgot to check "NO" box on I-129F

When my fiancee sent in our I-129F petiotion he forgot to check the NO box for question part-C no.2
Now,our question is will we receive an RFE or will USCIS rely on the criminal background checks that they will conduct on both of us for an answer that question?
Anyone can answer for my question?
Thank you in advance.


They will definitely send an RFE. They don't let that question slide.
JimVaPhuongMaleVietnam2012-03-22 09:33:00
K-1 Fiance(e) Visa Process & Proceduresindeerment

you mean to say i am now hopeless....no chance that my visa will gonna be approved...is that what are you trying say....my fiancee already sent our 129f last may 4...so you're saying i should not hope anymore with anything....is that....its my fault i know...but its beyond my knowledge...we've been together since 2010 im caliing him that way since then...so your telling me that we're not gonna be together anymore.....how cruel is that so depressing in my part.....


No, that's not what Gary is saying. It will only be an issue if the CO decides to make it an issue. They tend to make more of an issue out of it in countries where cultural marriages are fairly easy to obtain (by just having a ceremony), and where those marriages are considered legally binding. It comes up a lot in India because marriage law there is complex, and there are different rules for different religions. I've not heard of it being a frequent issue at the consulate in Manila.

Gary is correct that you cannot prove you're not married. A CENOMAR is one of the minimum requirements in Manila (few other countries have such a document), but it's not concrete proof you aren't married. It's only fairly compelling proof that you weren't married in the Philippines. If the consular officer suspects you're married then they're not going to ask for proof to the contrary because they know it's impossible to prove. They'll simply deny the visa on the basis that they believe you've already married, and they'll tell you to file for a spousal visa. Your fiance would then have to marry you and file an I-130 petition.

There's no point worrying about it now since the evidence has already been submitted. Proceed as usual, and be prepared to answer questions about it if the topic comes up at the interview.
JimVaPhuongMaleVietnam2012-05-06 00:36:00
K-1 Fiance(e) Visa Process & ProceduresWhy get a K-1?

What is the benifit of a K-1? If it dosen't extend any visa and they have to return to their country why get it and not just the spouse visa?


Why would you think they have to return to their country?

The K1 was created primarily because the process for foreigners getting married in some countries is difficult and time consuming. In some cases, it's nearly impossible to marry in the beneficiary's home country if the couple aren't the same religion. The K1 makes it possible for the beneficiary to come to the US, marry the US citizen petitioner, and then apply for a green card.

Another advantage of the K1 is that it allows for derivative K2 visas for the beneficiary's children up until they are 21 years old. A spousal visa doesn't allow for any derivative visas - each child would need a separate petition, and they're only eligible if the US citizen step-parent married the children's parent before they were 18.
JimVaPhuongMaleVietnam2012-05-11 01:06:00
K-1 Fiance(e) Visa Process & ProceduresRFE: Primary VS Secondary evidence FEED BACK PLEASE
"Film-dated photos" is a old term which USCIS still hasn't purged from their canned RFE requests. Their biggest concern is that you'll send them photos that were taken more than two years ago. At one time, when cameras still used film, it would have been difficult for someone without darkroom facilities to retroactively postdate a photo that was taken more than two years ago, and nobody would have the foresight to advance the clock in the camera at the time they were taking the photo unless they knew they'd be filing an I-129F more than two years in the future.

They realize everyone uses digital cameras now. Just write the date on the back of the photo. If you print multiple photos on a page then write the date next to the photo.
JimVaPhuongMaleVietnam2012-05-03 22:02:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Visa procedure

Hello everyone
I haven't gotten the date for the interview but we already have NOA2. I have read I need medical examination.
I got plenty Vaccines following a list I found from US embassy in Costa Rica. But I also read I need X-ray of my chest and blood test.
I want to know what kind of blood test I need for the medical appointment?? :blink:
Will the embassy tell me about what particular exams I have to take to the doctor appointment when they call me?? :unsure:
I'm super confused Please :help:


The chest x-ray is for tuberculosis. The blood test is for syphilis.

The embassy will give you a list of acceptable panel physicians where you can go for the medical exam. The panel physician will know which tests are required. Bring your vaccination record to the medical and you should be able to skip some or all of the vaccines.
JimVaPhuongMaleVietnam2012-05-14 00:02:00
K-1 Fiance(e) Visa Process & ProceduresOrganization of Evidence

I know this is a random question but what kinds of photos would suffice as evidence? Ones where we're together? Ones showing our engagement?


It depends on what you're objective is. Obviously, you have to convince USCIS that you were physically in each others presence sometime in the past two years, so pictures of both of you together are essential. However, if an ulterior motive is to frontload evidence for the consulate (which can be very useful with some consulates) then you might also want to include some pictures that help reenforce your case in the eyes of a consular officer in the beneficiary's country because the consulate is going to receive everything you send to USCIS.

For example, in my wife's country it's practically essential that an engaged couple have a formal ceremony called a "Dam Hoi", followed by a big party. Including photos of these events with the petition helps to ensure that the consular officer will see them, since they may not ask to see your photos at the visa interview. The consulate in my wife's country also gives brownie points if family members of the petitioner make the trek to Vietnam for the engagement ceremony, so I made sure to include photos of my sister and her husband at our ceremony. They also like to see that the petitioner has been accepted into the beneficiary's family, so I included photos of numerous family gatherings where both me and my wife (then fiancee) were present.

This sort of photo evidence is complete overkill at many consulates, but it can be extremely helpful at others. You really need to know what the consulate wants to see.
JimVaPhuongMaleVietnam2012-05-14 00:24:00
K-1 Fiance(e) Visa Process & ProceduresOrganization of Evidence

Hello everyone,

Great site with wonderful resources and information. I have spent weeks pouring through all the info here. I'm in the final stages of assembling my K1 packet for submission, and I have a question about organizing the evidence.

Several of you have advocated assembling the evidence so that like items are grouped together. For example, all boarding passes from all trips are grouped together in their own section. And then, the hotel bills would also similarly be grouped together, and so on.

I have visited my fiancee 5 times in the Philippines. From my own perspective, it would seem easier to understand the evidence if it were grouped together by the trip. In other words, group together all boarding passes, hotel bill, etc. for Trip # 1 in their own section, and so on.

Has anyone else tried this? What do you think? Is there any reason not to do it that way?

Thanks for your help.


There's no reason not to do it that way. It also made sense to me to organize the evidence chronologically, and that's how I did it.
JimVaPhuongMaleVietnam2012-05-13 23:58:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Completed Allan Lolly asked us to rate them
Lawrence Holmes and Allan Lolly went their separate ways some time ago. Allan Lolly has his own office now.

I swapped a few emails with Allan Lolly before I found VJ. He seemed straightforward and professional, though a couple of VJ members said they had a hard time getting anyone to talk to them once the petition had been filed and the fees had been paid.

I also spoke with Marc Ellis, since I was dealing with the consulate in Vietnam. I eventually decided it looked easy enough, and did it myself, though I did hire Marc's associate in Saigon for interview and document prep. I didn't really need it, but my wife was nervous and having "professional" help gave her something to focus on rather than sitting in the hotel and sweating.

Lawyers usually cause delays, but that can't be blamed on any one lawyer. It's just the way it is. They have to tell you what information, documents, and evidence they need, and you have to provide everything for them. It's like trying to get something done with two brains. One brain knows what information is needed. The other brain has the information. Stuff is bound to get mixed up in the process.

If you're happy with their performance then give them a good rating. :blush:
JimVaPhuongMaleVietnam2012-05-16 00:48:00
K-1 Fiance(e) Visa Process & ProceduresLots of photos, but none together!!

I do have some photos that could place us at the same place I think, I've got at least one receipt, passport stamps, and boarding passes. I already submitted the boarding passes. Should I submit them again? I also have my daughter's passport and I may have photos of them together. Does this count??

Here is the exact request from the RFE. I am typing word for word:

REQUIREMENT THAT PETITIONER AND BENEFICIARY HAVE MET IN PERSON: It must be established that the petitioner and beneficiary have met in person and/or have been in each other's physical presence at any time during the two years immediately preceding the filing of this petition.

  • Last Personal Meeting -- Submit film-dated photographs of the petitioner and beneficiary together. The following DOES NOT constitute evidence of meeting: disc, videos, emails, letters, phone bills, and greeting cards.


Do everything you can to try to find at least one photo of the both of you together. Anything less will not convince them. You have sufficient evidence you were in the same part of the world at the same time. They want to see that you were actually together, in each other's presence, during that time.
JimVaPhuongMaleVietnam2012-05-15 00:37:00
K-1 Fiance(e) Visa Process & ProceduresIs K-1 the best way for us?
Forget all the semantics about legally or not legally married. The consular officer has the AUTHORITY to use their DISCRETION to deny the visa if they even SUSPECT the beneficiary is not eligible. The CBP officer at the port of entry has the same AUTHORITY to use their DISCRETION.

I capitalized the words above intentionally. Immigration officers at every step of the way have wide latitude and discretion to deny. Why? Because immigration is not a right. It's a privilege that you must ask the government to grant. Immigration officers see a lot of fraud where marriage is concerned, and they're trained to sniff it out. If they even suspect fraud then they'll use the the discretion their authority gives them, and they'll deny.

Is the system "broken"? Yes! They sometimes deny people who have legitimate relationships, and they sometimes approve people who do not. However, this isn't a court where you have something substantial to lose if they mistakenly decide against you. If you're denied then you are in the same boat you were in before you applied - nothing changes. Because of this they tend to try to err on the side of stopping scammers, even if it means shooting down some legitimate couples.

It's really that simple. It's their game, and they make the rules.
JimVaPhuongMaleVietnam2012-05-13 14:43:00
K-1 Fiance(e) Visa Process & ProceduresPetitioners past drug convictions
There are very few types of convictions that would disqualify you from submitting a petition. One drug conviction would not do it. It's not even enough to trigger the IMBRA reporting requirements. However, you can expect that the consular officer will know about it, and they may bring up the subject at your fiancee's interview. Make sure she knows all the details. One of the things the consular officers in HCMC really love is when they know facts about the petitioner that the beneficiary doesn't know. They can use the beneficiary's lack of knowledge about those facts to nail her to wall. She absolutely must know you better than they do.

A Dam Hoi and Dinh Hon are basically the same thing. Dam Hoi roughly means "proposal", and generally refers to the formal process of asking her to be your wife - the procession, offering of gifts, prayers in front of the family altar, yadah yadah yadah. Dinh Hon roughly means "engagement", and is the reference usually used for the celebrations after the ceremony. Hire a professional photographer to document everything, and don't be stingy. The consular officers often ask how many people were at the party, and they will be completely unimpressed with any number less than 3 digits. It will help your case enormously if you can get a member of your family to go to Vietnam with you and represent your family at the ceremony. Parents are preferred, but a brother or sister who is married is also good. It's also considered good luck to have a happily married couple represent you.

Spend time in the Vietnam regional forum. Take your time and read as much as you can. Also, there was a time a couple of years ago when there wasn't a separate forum for Vietnam, and threads related to Vietnam went into the Asia: East and Pacific regional forum. You can use Google's advanced search to search those old threads quickly. Also, read the consulate reviews for Vietnam. The things that will sting you the worst at the consulate in HCMC are moving too fast (e.g., filing immediately after the first face-to-face meeting), not conforming to a 90 year old Vietnamese grandmother's idea of a traditional engagement (e.g., no Dam Hoi, or a quickly arranged informal Dam Hoi on the first trip to Vietnam), and being so poor you can't pay attention (joint sponsors are usually not accepted at the consulate in HCMC).
JimVaPhuongMaleVietnam2012-05-20 01:57:00
K-1 Fiance(e) Visa Process & Proceduresnot following the 90 day rule for the K1 visa

The son will have the biggest issues. The K2 only gives him valid status in the US for the 90 days , so he will NOT be able to attend school or any of that. Once the mother gets married they will have to apply for the I130 ( for both the mom and son ) but the son will be facing a 10 year bar and because the marriage takes place after the son is 18 he isn't the stepson of a USC. There is no waiver for the ban so he will have that to face. If he is deported there is another waiver. The mother will NOT have valid staus without marriage so no school , no drivers lic. Should the intended husband die the mom and son are totally messed up. All around this is a reallystupid idea.


This is the biggest factor. The wife will be able to adjust status even if they marry after 90 days, but an I-130 petition will be required. The US citizen husband will not be able to submit an I-130 petition for the son because the marriage occurred after he was 18. Only someone who qualifies as an immediate relative of a US citizen can adjust status if they are out of status. The son's only chance of adjusting status is if they marry within 90 days. Since he entered the US as a K2 he will not be able to adjust status any other way - not even if he marries a US citizen.
JimVaPhuongMaleVietnam2012-05-20 01:28:00
K-1 Fiance(e) Visa Process & ProceduresReference Letters

I was thinking to add a few letters to our I-129F petition

- My boyfriend's parents own the building that he lives in so the technically are the landlords. I lived there from Dec - April. He doesn't have a lease so I wasn't added to the lease but I thought a letter from them saying I was there and they allowed me live there would be good? Should it be notarized?


I'm not sure what you're trying to prove with this letter. It's weak evidence of a relationship, and even weaker evidence that you've met within the past two years.

Evidence of a relationship isn't required with the petition, but some people like to frontload some relationship evidence with the petition because it can help if you're dealing with a difficult consulate. If that's your intention then don't overload your petition with too much evidence. A consular officer isn't going to spend more than 5 minutes looking at everything you include. Use that time wisely, and include only your very best evidence. Sworn affidavits from friends and family are at the bottom of the list when it comes to reliable relationship evidence.

Evidence you've met within two years is required, but an affidavit is tertiary evidence. It's useless if you don't have primary and secondary evidence, and unneeded if you do.

- I had a friend from the US visit us in December, perhaps a letter from her? Including her E-ticket itinerary, copy of her passport ID page (showing her picture) and a picture of the 3 of us us together? Am I getting to carried away here?


Again, what's the purpose of this?

I would also love to show some how our intent to marry. However, I am not sure how to do that? I think by the time he gets here we will just do a small ceremony, us and 2 witness type of thing.


The petition requires a signed original statement from each of you indicating your intention to marry. No further proof of your intention to marry is needed.
JimVaPhuongMaleVietnam2012-05-23 09:03:00
K-1 Fiance(e) Visa Process & Procedureslong enough together for the petition?

As long as you can proof that you are just on holiday in the U.S. during the visa approval process you are allowed to visit your fioncé with a tourist visa (90 days).

Tanja


People eligible to use the Visa Waiver Program can visit for 90 days without a visa. Someone with a tourist visa can usually visit for six months. "bestofboston" has a spouse in the Philippines. People from the Philippines can't use the Visa Waiver Program, and getting tourist visas there is difficult, especially if they have a US citizen spouse. The consulate presumes they'll skip the spousal visa and just stay in the US and apply for a green card.
JimVaPhuongMaleVietnam2012-05-23 09:15:00
K-1 Fiance(e) Visa Process & Proceduresis this true

i am wondering about something is the uscis works on saturdays ???? :unsure: if so is there anyone before got approved on saturday ?????


Some adjudicators are contract workers who work at home. They go to the service center once or twice a week to drop off and pick up case files. Since they aren't paid by the hour there would be nothing stopping them from working on a weekend, but the service centers are not open on weekends.

If you're wondering whether it's worth your time to check your case status on Saturdays the answer is probably not. The ECRIS online system only contains bare minimum information about specific case files. It's not the same computer system that USCIS uses for real case files. They run automated jobs on the internal system that collects case status changes from cases that aren't "locked" by an immigration officer, and those jobs transmit the updates to the ECRIS online system. I doubt there would be any reason for them to run those jobs on weekends and holidays, so I doubt you'd see your case status change during those times.
JimVaPhuongMaleVietnam2012-05-27 01:32:00
K-1 Fiance(e) Visa Process & ProceduresConfused about effects of a criminal record?

First of all "illegal possession of a weapon" is a felony, a few States consider misdemeanor, but 7 years just for possession of a weapon???? typically the sentence is between 8 months to 1 year in county jail,and two or three year probation,just a few States have harsh sentence like Michigan that imposes two-year minimum prison sentence if it is first offense.If he had at least three convictions for crimes relating to a controlled substance, not arising from a single act, then he will need to file an IMBRA Section 832 waiver to overcome the convictions.


I think you're getting confused about the purpose of the section 832 waiver. It's not meant to overcome criminal convictions since a criminal conviction doesn't automatically disqualify a US citizen from submitting a petition. The section 832 waiver is to overcome the multiple filing limitations imposed by the IMBRA. If the petitioner has had a previous I-129F petition approved within two years of filing the current petition, or if the petitioner has previously submitted two or more I-129F petitions, then they must request this waiver. That's the only time that their criminal history might cause their petition to be denied. The request for a waiver of the multiple filing limitations is supposed to be denied if the petitioner has a record of violent crimes against a person or persons.

If this is the petitioner's first I-129F petition then they don't need to request the waiver, even if they were a convicted serial murderer.

The IMBRA also requires full disclosure to the beneficiary of any IMBRA related crimes. Regardless of whether or not a waiver of the multiple filing limitations is being requested, the petitioner must submit the court records of any convictions which are covered by the IMBRA. They won't deny the petition or the visa because of these convictions. They'll simply provide copies of those records to the beneficiary. They'll also give the beneficiary a pamphlet about domestic violence and their rights in the US. This is about disclosure - the beneficiary has a right to know who they're marrying. This isn't about the petitioner's eligibility to submit a petition.
JimVaPhuongMaleVietnam2012-05-27 02:02:00
K-1 Fiance(e) Visa Process & ProceduresHave K1 Visa, Daughter Changes Mind, Wants to Follow. K2 ???

Hello fellow VJ members, we have a situation that we need advice on. We have applied for and have been approved for a K1 Fiancé Visa in April 2012 and she will be joining me in the US in the near future. My Fiancé has a daughter 19 years old that was listed in the petition I-129 and all the forms required for the Visa (DS-230, DS-156, DS 156K, I-134), but marked NO, she was not coming with her mother because she had another plan. The daughter is now thinking in following her mother to the US. The questions are;
1) Would this cause any problems with our K1 process??
2) Would she be able to come and what is the process??
3) If the answer is YES, does the daughter have to do an interview in addition to her forms?
-My fiancé DS 156K, 156 and 230 forms statement the child will “follow to join” to replace the previous ones we submitted?
-Another affidavit of support I-134 for her to replace the previous one including the name of the child in question 3 “name of children accompanying or following to join person”? OR A new one on her behalf stating, Fiancé Child in the space “Relationship to sponsor”?
Thank you in advance for your help.


If your fiancee's visa has already been issued then you don't need to submit any new forms for her, and it won't affect her K1 at all. You'll need to submit forms for her daughter, though. A DS-156 and DS-230 part 1 are usually required, but some consulates have additional requirements. An updated affidavit of support will probably also be needed. You should contact the consulate about the exact process and what forms are required, as it varies from one consulate to another. You'll need to pay the same fees as you did for the K1, she'll need the same medical exam, and she will need to attend an interview.

Children are eligible for K2 derivative visas until they're 21 years old, but a K2 must enter the US before they're 21 in order to preserve their eligibility to adjust status. The K2 must be issued by the consulate within one year of the date the K1 was issued.
JimVaPhuongMaleVietnam2012-05-29 01:23:00
K-1 Fiance(e) Visa Process & ProceduresQuestion #18 I-129F
Difficult to say. Technically, you answered the question when you checked "Yes". However, unlike many of the questions on the form that are merely for data collection, this particular question is about a statutory requirement that requires an answer, as well as proof that the answer is true. If you hadn't checked the box I'd say the chances of an RFE would be 100%. Since you checked the box but left the description blank I think it will depend on how ####### the adjudicator decides to be. I haven't looked in the RFE thread lately to see if anyone got an RFE for this.
JimVaPhuongMaleVietnam2012-05-28 09:08:00
K-1 Fiance(e) Visa Process & ProceduresK1 Just getting started
I'm pretty sure that Cambodia is part of the Southeast Asia "bubble of trouble" when it comes to joint sponsors for K visas. They usually won't accept them. Each consulate in that part of the world has it's own particular circumstances where they'll make an exception, but they don't often give you any clues as to what those exceptions might be. Having lived and worked in Cambodia is a definite step up in proving the bona fides of the relationship. It's a step down in proving the beneficiary won't become a public charge in the US.

You might want to consider getting married and filing a spousal visa petition. The consulate can't refuse a joint sponsor in that case.
JimVaPhuongMaleVietnam2012-05-19 11:55:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about typing or hand-writing on the forms
I made some manual entries on both the I-129F and my wife's G-325A. It wasn't an issue. We were approved without an RFE.

The only forms it makes a difference with are the electronic forms you fill out on the Department of State website, like the DS-156. The computer system generates a two-dimensional bar code on those forms that contains all of the information you entered. If you enter anything manually after printing the form then the bar code will no longer match the contents of the form.
JimVaPhuongMaleVietnam2012-05-31 21:40:00
K-1 Fiance(e) Visa Process & ProceduresFiance entered the US illegally can I still file k1 visa?
He cannot adjust status in the US because he entered illegally - dead stop.

As long as he leaves before he's accumulated 180 days of overstay then he won't incur an automatic ban when he leaves. He should be able to get a visa.

He can apply at a US consulate in a country other than his home country only if he has resident status in that country. If he's there on a visitor's visa then the US consulate is going to tell him to go back to Mexico for his visa interview.
JimVaPhuongMaleVietnam2011-12-11 19:41:00
K-1 Fiance(e) Visa Process & ProceduresTax information for Fiancee Visa

I have a question my company laid me off in 2009 so I filed my taxes for that year but, in 2010 I went to school to find a new career but, the company was paying me unemployment for the entire year but, I did not not in the state of Massachusetts I had to call and set up for them to take taxes out of my check so I was collecting unemployment checks with no taxes taken out. So when I filed for my taxes I go me W2's with 0.00 so I had to owe money for that year only $1,100. I had file it late so I did not receive any information on my penalty. Then I file for last year and with my new job. I only owe $300 because I receiving unemployment for partial of the year but, I still not receive any information on 2010 not 2011. Now I have a new job as process engineer and I get paid weekly which I know this year I owe nothing but, I just received a letter from IRS saying I did not file for 2010 and 2011 which I did. I have the copy of them. So I am sending the copies for those tax to them. My question is I got my NOA1 on March 27 now it is June. Now that I just received this information will this affect my fiancee visa in anyway. My new job pay me more then the job I had in 2009 so I am above the poverty line but, because I owe for 2010 and 2011 will that put a delay on his visa or do I have to worry about that when I do my AOS?


This is extremely confusing and difficult to follow.

You say you filed tax returns in 2010 and 2011, but now you've received a letter from the IRS claiming you didn't file? The IRS usually doesn't send a confirmation of receiving your tax return unless you're getting a refund. You need to figure out why the IRS believes you didn't file. I suggest you call them on Monday - 1-800-829-1040. You also need to think about how you sent your returns. Did you mail them yourself, or did you use a tax preparation service? Did you pay your owed taxes with a personal check? Was the check made out to the US Treasury, or was it made out to a tax preparation service? Was the check cashed?
JimVaPhuongMaleVietnam2012-06-10 01:32:00
K-1 Fiance(e) Visa Process & ProceduresForiegn fiance is on welfare, problems?

That's okay really :) It's all a learning experience. Centrelink does not have the same stigma in Australia that "welfare" does. Some people feel that way (the rich people) but most average joes really appreciate the support from the government when they're struggling (I know I miss it).


That's because in the US many people believe that "support from the government" is a euphemism for "support from the taxpayers". The government in the US doesn't have any money they didn't take from a taxpayer or borrow from a bond holder. The same is true in most countries that aren't socialist (i.e., where the government isn't getting revenue from nationalized industries), but many people don't make the mental connection between the government's money and where the government got that money.

I'm not belittling the social support structure they have in Australia, especially if most Australians are happy with it. I'm saying that, to a large degree, people in America don't feel the same way. Most people in America believe that unearned public benefits should be reserved for those who are either permanently incapable of supporting themselves (the disabled), or are temporarily down on their luck. What might be surprising is that this belief is the strongest in America's working class. The people who believe that America should have a social support structure resembling the one in Australia or much of Europe are at opposite ends of the income spectrum - those at the bottom who would directly benefit from a strong social support system, and wealthy liberals who would happily contribute a chunk of their own wealth if the government forced everyone else to do the same. The people in between don't like it because they're the ones who would mostly be paying for it.

Immigration law is crafted to appease the majority of American who feel this way. Americans, for the most part, expect the costs of family immigration to be paid for by the families and immigrants, and that there should be protections in place to ensure that Americans aren't left holding the bill for immigrants who can't support themselves.
JimVaPhuongMaleVietnam2012-06-10 22:32:00
K-1 Fiance(e) Visa Process & ProceduresForiegn fiance is on welfare, problems?

Co-sponsors are not a problem. Centrelink is not welfare the OP is confused about what Centrelink is. Given his age it's most likely he is on Newstart which is basically unemployment.


Ah, that's different. Is that an earned benefit, like it is in the US?
JimVaPhuongMaleVietnam2012-06-10 20:31:00
K-1 Fiance(e) Visa Process & ProceduresForiegn fiance is on welfare, problems?

Hello wonderful people of VJ,

So me and my fiance have sent off our K1 (it's been one month since) and I was wondering if this could be a problem later: my fiance has been unemployed for 3 years now and has since been on welfare, will this mean trouble for us when the Affidavit of support comes around? I have never been on welfare and have been working the same job for 2 years, and my father as my future cosponsor has never been on welfare ever either. Has anyone had any experiences like this?

Hope that all makes sense. Thanks!!


Is she unemployable? The consular officer has a responsibility to determine if the beneficiary is likely to become a public charge in the US. Part of that determination concerns the ability of the beneficiary to support themselves. Part concerns the ability of the sponsor to guarantee that they'll provide sufficient support for the beneficiary. If she's been on welfare because she's unemployable then that would definitely be a strike in the first category. The fact that you'll need a joint sponsor is a strike in the second category. I don't know how strict the consular officers in Australia are, but I know a few countries where this could certainly be an issue.
JimVaPhuongMaleVietnam2012-06-10 20:15:00
K-1 Fiance(e) Visa Process & ProceduresWhat happens after denial?
sigh...

I am sorry you have had this happen Meredith. It upsets me on many levels, but I want you to know that there are many of us that can help get you through the next year, and tho it will take time, this can be overcome! (F)


Gary & Ala you really helped me in my first petition as a K1 and I was always grateful to you, but your statement that admission of marijuana use is a lifetime ban is incorrect. Admission of cocaine use is not even a lifetime ban. Only a conviction or arrest that relates to a controlled substance is a lifetime ban from our country.

A person who admits to using drugs will be banned for a specified amount of time in order to prove remission. In 2010 the ban was changed from 3 years to 1 year. http://travel.state.... - June2010.pdf


Say what you want to say about how people should not be using this horrible illegal Schedule 1 drug, but the truth is even our past Presidents have admitted to experimenting with Marijuana and it is NOTHING close to heroin! There is a HUGE push for a change in federal legislation in regards to this, not only from American Citizens, but also from other countries around the world!
http://www.drugpolic...ude-drug-decrim


Jamaica is the only consulate I know of that will ask the specific question several times and in several different ways trying to get someone to admit they have used marijuana. To me it is heartbreaking to see families kept apart over something even our leaders have admitted to doing.



And yes, it's not the worst place in the world to have to move to :) They even have free healthcare - can we say that? (okay, so far, it's a pretty crappy system, but still, free, eh? eh?)


The public health care in Jamaica is horrible. :(


I am praying for you (L)
JAPrincessFemaleJamaica2012-04-26 16:45:00
K-1 Fiance(e) Visa Process & ProceduresOther Names Used

I have question guys my fiancee has used to names in her passport meaning that her family name changed and she went to the passport control and the corrected the family name only so her passport reads a different family name but there is a correction on it stating that she has another family name she uses now, so first question will this affect anything ? another question is when filling the part of other names used should i include the other name that was originally cancelled form the passport which is is there but is not a valid name? Do you think this will bring problems and then they ask for any documents that show the change of names? and the family name hiccup was a mistake by the person doing the passport info the person wrote a wrong name which they later realized and when back to change but instead of giving a different passport with a different family name they just put a correction on that passport to show that the name was changed. So please help me guys should i include the other wrong name which was previously on the passport or ? i really appreciate

Since no one has answered I'll give this a shot. What I would do is include the wrong name, because the name was technically used. You should also attach a sheet explaining everything that surrounds the circumstances of the name and include any paper work you can that verifies your explanation. That may be the only thing you can do. Unless someone else comes along with actual experience with this matter, this may be your best bet. But with anything that I thought they may question all I did was back it up with all the possible evidence that I could. I hope this helps. Good luck to you both.
I+HFemaleUnited Arab Emirates2011-09-22 21:03:00
K-1 Fiance(e) Visa Process & Proceduresk2 letter

I received the interview letter, but my son did not receive it in the Dominican Republic. Has anyone gone to get the medical done with a copy of the letter or is mandatory to have the blue letter. PLease inform . thanks


Hi,

Like you I recieved the interview letter, but my fiance didn't. But before that I emailed and called them and they couldn't/wouldn't send us a copy for him to take to the medical. I had to make an appointment for him to pick up last Thursday at 8 am at window 26 or 27. There were about 200 people there waiting. So it seems common that you many don't ever receive the interview letter. He got the packet and then got medical immediately after. I am not sure if you can use a copy of letter, but I would advise you call embassy to make sure especially if you live a distance away from SD.
mad1nolaFemaleDominican Republic2012-04-18 04:03:00
K-1 Fiance(e) Visa Process & ProceduresVISA FEE's

Just cheques Banco Popular site it still states the 144.00 fee. http://www.bpd.com.d...id=2606&iid=850

Can we pay the fees on-line or must we do it in person?
mad1nolaFemaleDominican Republic2012-04-03 12:07:00
K-1 Fiance(e) Visa Process & Proceduresdriving permit

I had the same problem but with the Nevada DMV. I was told that I could apply for and get my licence, but after it expired on the same day as my I-94 I would have to resit all of the exams and actual driving test again when I got my green card. So it seemed like a waste of time and money for me so I will wait until my green card arrives before applying for a licence


OMG, we better wait for the green.. thanks for the info..
kapay&kulitMale02012-04-14 01:08:00
K-1 Fiance(e) Visa Process & Proceduresdriving permit
hi everyone, i have a question regarding the california driving license permit, i arrived here in california last march 17, 2012 on a K1 fiance(e) visa category, i already got a SSN so i applied for the drivers license this month, april 13, 2012, i passed the written test, the DMV gave me license permit which about to expire on JUN 13, 2012, why it is valid only for 2 months, a 10 months differential on their drivers handbook.. what if i pass the behind-the-wheel driving test, will they allow me to have a drivers license which is valid for years or will it expire same as the mark on my I-94 form which is JUN 14, 2012? thank you in advance...
kapay&kulitMale02012-04-13 23:54:00
K-1 Fiance(e) Visa Process & ProceduresImmigration attorney or marriage agency?
Again thank you all. I just spoke with a man named Fred Wahl from HeartOfAsiaOnline.com and FianceeVisaServices.com and he made a compelling sales pitch to me. He told me that the you have to present a convincing case to the consulate and prove you have a "bone fide" relationship. He said he puts all the documents together in a convincing manner to the consulate. He says that you needs photos and things such as letters, emails, online messages to each other and he will pick and choose what to use. Here is his youtube video, it seems pretty convincing to me.

Jason & MashaMaleRussia2012-04-03 12:12:00
K-1 Fiance(e) Visa Process & ProceduresImmigration attorney or marriage agency?

As the petitioner, all of the information would come from you, so you would still have to do a lot of the heavy lifting in this process. Using an attorney or visa service -- again, I recommend doing a search through the forum to see feedback on those who did employ such a service -- will not speed up the petition and visa process. As BrittandDan mentioned, it could even slow down the process.

Plus, those services are expensive. There have been forum members who have spent thousands of dollars for something you can do on your own for probably $400 (including the petition filing fee). Again, if your situation is fairly simple, sitting down and reading through everything will help immensely. If nothing else, if you do decide to use a service, you'll know the right questions to ask.

This forum is incredibly helpful, so if you have a question, it can usually be answered by reading the guide, doing a search for a similar situation, or posting a question to get feedback from everyone.


Ok, thank you all for your help. I am convinced on doing it myself now. I appreciate all of your input.

Darnell, I was assuming that a professional agency would be reliable in regards to filling all correct papers and in a timely manner.
Jason & MashaMaleRussia2012-04-03 10:52:00
K-1 Fiance(e) Visa Process & ProceduresImmigration attorney or marriage agency?

If you look through this site, a lot of the time you will find an attorney has actually slowed the process down.


Hmm I didn't know that, that's interesting. What about an agency that specializes in marriage visa. I would assume they would be fast and reliable?
Jason & MashaMaleRussia2012-04-02 21:11:00
K-1 Fiance(e) Visa Process & ProceduresImmigration attorney or marriage agency?
Thank you LeftCoastLady! The reason I want to seek professional help is because I'm only 22 years old and this is all new to me. My fear is that I would not file a certain paper correctly and the process delayed weeks, maybe months!
Jason & MashaMaleRussia2012-04-02 20:24:00
K-1 Fiance(e) Visa Process & ProceduresImmigration attorney or marriage agency?
Hello fellow Visa Journey members,

I am just about ready to start the K1 visa process and I want professional help on this. My question is, should I go with an immigration attorney or marriage agency? The cost is not an issue for me, I just want it done right and done as quickly as possible. My only concern would be the I-134 Affidavit of support. This will be my first year filing taxes. I have made about 20k. (125% over the poverty line in my state is 18 something.) I can get multiple co-sponsors, so maybe it won't be an issue.

With that in mind, who should I go with? (immigration attorney or marriage agency) All input is greatly appreciated!!!

Thank you!
Jason & MashaMaleRussia2012-04-02 19:50:00
K-1 Fiance(e) Visa Process & ProceduresTranslating papers for K-1 Visa (Russian)
Hello,

I am in the process of gathering all my paper work to bring my Russian fiancee to the USA. I have a question about translating documents from Russian to English. I've heard that if it's in Russian, then it doesn't need to be translated. I don't know if this is true or not. Does anyone know if the documents need to be translated?

Thank you!!
Jason & MashaMaleRussia2012-05-09 09:51:00