Forum	Title	Content	Member	Sex	Country	Date/Time
K-1 Fiance(e) Visa Process & Procedures	Translating 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 & Masha	Male	Russia	2012-05-09 09:51:00
K-1 Fiance(e) Visa Process & Procedures	Translating papers for K-1 Visa (Russian)	Ok very good, thank you for the clarification. Do you know where I can find a certified translator? I'm in Russia now, but can I find one in the USA? Thanks again!	Jason & Masha	Male	Russia	2012-05-09 10:06:00
K-1 Fiance(e) Visa Process & Procedures	Translating 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 & Masha	Male	Russia	2012-05-09 09:11:00
K-1 Fiance(e) Visa Process & Procedures	I129F-Request for Evidence	Hello Everyone, Today I received an email that said, "On May 31, 2011, we mailed a notice requesting additional evidence or information in this case I129F PETITION FOR FIANCE(E). Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283." I wonder what will they ask for... Has this happened to anyone???????? If this has happened to anyone, after you sent whatever they are asking for..how long does it take to get Noa2?? Anyone with any comments or suggetions.....	Ximena143	Female	Mexico	2011-05-31 15:25:00
K-1 Fiance(e) Visa Process & Procedures	K-1 forms - I129F mistake	Maybe you can call USCIS to fix it .. My fiance sent on both G-325A wrong dates where we lived .. he called and first they said to send a copy of NOA1 and a letter explaining where they must to fix etc ... u should send a copy of your birth certificate too so that can prove ''throught birth in US '' .. try it .. Call first and see what u can .. but we received the letter back saying on it call this number bla bla bla .. so he called and explained what happened .. then they said they couldnt change by the pc so he needed to send a msg by the computer to the CSC center to fix it .. it could take 2 weeks or little more .. and it you could receive a receipt they fix or no .. that depends on the guy who is processing your case .. We just received a receipt that they change ''Beneficiary`s country'' that they forgot to put on NOA1 as well .. GoOd Luck Sorry for my english ..	MSM	Female	Brazil	2012-05-10 09:19:00
K-1 Fiance(e) Visa Process & Procedures	Foriegn 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). Ah, I see. I'm am so very glad! Sorry I made it sound like a bad thing, me and my fiance were worried together about getting a denial after reading what could happen if the American side was getting 'welfare'. I'm happy to hear its not like that though for Centrelink. Thank you for helping us out	WhiteFox	Female	Australia	2012-06-10 20:57:00
K-1 Fiance(e) Visa Process & Procedures	Foriegn fiance is on welfare, problems?	Ack sorry! I had no idea what Centrelink really was, didn't mean any offense or anything. That's a huge relief though! Edited by WhiteFox, 10 June 2012 - 08:39 PM.	WhiteFox	Female	Australia	2012-06-10 20:35:00
K-1 Fiance(e) Visa Process & Procedures	Foriegn fiance is on welfare, problems?	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. thanks for replying so quick! No he is in perfect health and pretty young (23 years) so I would not think he is unemployable. Although does it really count against me for having a joint sponsor?	WhiteFox	Female	Australia	2012-06-10 20:23:00
K-1 Fiance(e) Visa Process & Procedures	Foriegn 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!!	WhiteFox	Female	Australia	2012-06-10 20:08:00
K-1 Fiance(e) Visa Process & Procedures	Question 18 Statement, wrong date(s)?	Oh that is good to know, thank you Peter_Pan that helps me put my mind at ease at least a little. Hopefully all will go smoothly though! thanks again for your help!	WhiteFox	Female	Australia	2012-06-12 12:58:00
K-1 Fiance(e) Visa Process & Procedures	Question 18 Statement, wrong date(s)?	Not sure everybody, just wanted to be complete I guess, sounded like a good idea at the time but I guess it's too late now. I guess if I get an RFE people can learn from my mistake? aah! Hope all of that won't be a problem though when they do get a chance to look at it. ):	WhiteFox	Female	Australia	2012-06-11 10:10:00
K-1 Fiance(e) Visa Process & Procedures	Question 18 Statement, wrong date(s)?	Hi awesome VJ, Sooo I just realized that on my question 18 statement for my I-129F that I wrote some wrong stuff down on the Question 18 statement, these were the 2 things that have me worried, I wrote "I know I will miss him very much when he returns to Australia on June 12th." I wrote the wrong date here, he actually left on the 9th and arrived in Australia on the 11th. I sent the correct documents (itinerary, ticket stubs) with the right date on it if that means anything. And my other stupid mistake: "We ultimately decided that after marrying he should live in California, as I'm quite attached to my home here, and he would very much like to join my family and friends here with me in the United States. We plan to get married some time in June 2013" Now that I look at it now it totally looks like I'm saying we're going to get 'married' in June 2013 rather then just have the wedding ceremony. Can't believe I didn't write that instead, arghh! Pretty silly. Is this a big deal at all since this is an attached statement or should I just cross my fingers and pray they don't notice? Maybe correct it on the next copy or make a note of it on a sheet of paper for next time? I'm trying not to worry but any insight would be great. I really appreciate it awesome VJ! bless you all. much love!	WhiteFox	Female	Australia	2012-06-11 01:50:00
K-1 Fiance(e) Visa Process & Procedures	Getting majorly baffled as to how to assemble our I-129F package?	Yeah Brother, relax. If you're overwhelmed by "everything" just do a section at a time. I went nuts on my package, it was almost 6 inches thick, the person that interviewed my fiance (Manila) said he'd never seen a package so thick. I know I sent much more than was necessary, but being an engineer used to dealing with government bureaucracies, I wanted to overwhelm them with information. Your embassy should not be as difficult as ours was.	AlienAmerican	Male	Philippines	2012-04-17 10:04:00
K-1 Fiance(e) Visa Process & Procedures	K1 visa fee changing?	Someone here told me so .... and it is true!! I'm glad he did, so I know I will wait for friday =D	Becky?Dany	Female	Mexico	2012-04-10 00:37:00
K-1 Fiance(e) Visa Process & Procedures	Employment Verification Letter [(Help!!)	That's what I thought at first, but my dad was told it an immigration form, so probably they don't know either ... I guess I will go with paystubs and tax returns from previous years, plus the I-134 filled by my dad	Becky?Dany	Female	Mexico	2012-05-09 13:25:00
K-1 Fiance(e) Visa Process & Procedures	Employment Verification Letter [(Help!!)	I'm having some trouble getting the Employment Verification Letter from my Dad's Work (he is my co-sponsor). They are asking for a form, "immigration form" that he has to fill out and then turn it in to Human Resources so they can fill it out and do it. Problem is, I can't find any form like that anywhere; I already looked in the Department of Labor Website, USCIS, and the Consulate webpage. I didn't have trouble getting mine, I contacted HR and right away I had it. So, I don't know where else to look ... Do any of you know what form could it be???	Becky?Dany	Female	Mexico	2012-05-09 12:35:00
K-1 Fiance(e) Visa Process & Procedures	Unauthorized employment under F-1, filing for K-1, please help!	I don't think it will be an issue. INA section 212 lists the reasons an alien might be inadmissible to the United States, and unauthorized employment is not among them. INA section 245 covers adjustment of status, which you'll have to apply for in the United States after entering with a K1 visa and marrying the petitioner. That section generally prohibits someone from adjusting status and getting a green card if they haven't maintained their status or if they've worked without authorization, but that section specifically doesn't apply to immediate relatives of US citizens, and the exemption also specifically applies to people who entered with a K1 visa. I would answer "yes" to the question about whether you've violated the terms of a visa. I'd also include a sworn affidavit explaining that you worked without authorization. Give the dates when you worked, who you worked for, etc. As much information as you can remember. Be sure to mention that you filed tax returns. It shouldn't make you inadmissible, but full disclosure up front often helps to avoid delays. Caveat: Did your employer ask you to fill out an I-9 form stating on what basis you were authorized to work in the United States? If so, what basis did you provide? If you falsely claimed to be a US citizen then that is a huge can of worms that completely changes what I said above. You'd be inadmissible for life, with no chance for a waiver.	JimVaPhuong	Male	Vietnam	2012-03-04 13:28:00
K-1 Fiance(e) Visa Process & Procedures	I-134 Co-Sponsor Question	Sorry everyone, Okay, so I am looking back at the packet of my entire I-129F that my lawyer sent in originally in July. Turns out, we did not fill out I-134s, but "I-864 Affadavit of Support Under Section 213A of the Act". She has it filled out here for me as the petitioner. Then, under part 2 my fiances information. Then for part 6 she has nothing filled out. Only checked off the part that says emplyed as an...and there is nothing in that line. Nothing in line 23, nothing 24..and so on.. until line 31 where I signed. Then my father's I-864 is filled out with his information and him checked off as the only joint sponsor. His info in part 6 is filled out etc with his taxes. NOW, why in the world did she have us fill out I-864s?? ANYWAY, that is over and done with... but now that I have to move on and submit paperwork after our NOA2... I ONLY HAVE TO FILL OUT I-134s? And now when I fill it out, do I fill it out fully with my information? I made very little money because I am a full time student almost graduating. Ughhhh, what do I do???? Sorry, I am so frustrated with this. Especially knowing that my lawyer did not do a good job. But I am thanking God for the approval. Now I want to make sure I do the next steps correctly! The IV unit at the embassy in Belgrade doesn't give much information. Most consulates require an I-134 for a K visa, though. I'm sure the consulate will specify which affidavit they want when your fiance gets packet 3, but if you'd like to confirm in advance you can email them at BelgradeIV@state.gov. I'm fairly sure they'll say they want the I-134. You should also confirm whether they'll accept a joint sponsor, but I suspect they will. On your I-134 just fill in section 7 saying you're a student, and put zeros in the income and asset boxes. The CO won't really care what you write there if you've got a joint sponsor.	JimVaPhuong	Male	Vietnam	2012-03-05 02:01:00
K-1 Fiance(e) Visa Process & Procedures	HELP PLEASE ASAP!!!!	You have the answer for her already. She cannot marry the new guy. She needs to go back home. If she does marry the new guy (regardless of how they met) she is breaking the law and therefore, could (and very likely) will be subject to deportation with a wonderful 3 or 10 year ban. Geez, no! This isn't true. She can marry anyone she wants, anytime she wants to. Entering with a K1 visa doesn't make it illegal to marry someone else. It just means she won't be able to adjust status and get a green card. She won't be deported unless she overstays and ICE gets their hands on her (which is unlikely), and she won't get a ban of any kind unless she overstays by 180 days or more. She can marry her new boyfriend and leave the US before her I-94 expires, and she won't have broken any laws. Getting a spousal visa based on the marriage - that's another story... I have a question that maybe the other more senior members would know the answer. Can she get married, then go back home and do a CR-1? Just a thought... She'd stil have to go home, but the relationship would be more concrete. I don't want to invite judgement of whether it's "OK" with her prior fiance and that relationship recently over, just wondering about the legality of the situation. Yes, this would be perfectly legal. The biggest problem she'll face is trying to prove the relationship is legitimate at the CR1 visa interview. If someone enters the US with a K1 visa, the petitioner subsequently dies, and the beneficiary marries someone else, all before the I-94 has expired, that would literally scream sham relationship to most consular officers. Most people would be emotionally wrecked after their fiance died, and wouldn't be ready for another relationship, much less marriage, for a long time. I'm sure this situation is going to smell like a boatload of rotten fish to the CO.	JimVaPhuong	Male	Vietnam	2012-03-06 01:41:00
K-1 Fiance(e) Visa Process & Procedures	Affidavit of Support	so the povertyline just went down? it was it had to be just about over 19,000 for a single person.. No, they went up. Last year's guidelines were $18,387 for two people. This year it's $18,912. The I-864P doesn't list the guidelines for one person because a household size for immigration purposes will always consist of at least two people - the sponsor and the immigrant.	JimVaPhuong	Male	Vietnam	2012-03-08 10:43:00
K-1 Fiance(e) Visa Process & Procedures	I-134 Income Situation	Thank you for the reply, however it sounds to me like you are completely speculating about what I posted. I know for a fact you cannot "delay" the interview for 5 or 6 months. Furthermore I know for a fact that my monthly housing allowance is counted as income as it is money specifically designated as money for housing. It really would make no sense to me to terminate my unemployment to get a lower paying part time job unless I absolutely have to in order to have my fiance come over. This is why I asked not to speculate. He wasn't speculating. The only source of income you've got that's likely to continue for the foreseeable future is the disability income. The GI bill benefits, unemployment compensation, and student aid benefits will all definitely run out, and they will do so before your fiancee has accrued 40 quarters of work credit through Social Security or becomes eligible for US citizenship. You can't provide the minimum guarantee needed for an affidavit of support, so the consulate would almost certainly reject yours as insufficient. You should try to find a joint sponsor. It is absolutely possible to postpone the interview. The beneficiary can delay responding to packet 3 as long as they notify the consulate before the I-129F approval expires that they intend to respond. The consulate can extend the approval of the petition for up to one year.	JimVaPhuong	Male	Vietnam	2012-03-08 10:59:00
K-1 Fiance(e) Visa Process & Procedures	134 concern	Yes. I have his W2's for the last three years, his recent pay stubs, bank statement and certificate of employment. Even I have those I am getting worried that his annual declaration might brought a red flag or the consult might ask me if why it's different and I dont know what to answer him/her. Does his letter of employment indicate his current salary, and does that match the number he wrote on the I-134? If you take the gross wages from his pay stubs and multiply that by the number of paychecks he gets in a year does that match the number he wrote on the I-134? If so then you should be ok. The number a sponsor writes on an affidavit of support is supposed to be their current annual income. Most people's income changes a little from year to year. On the other hand, if the number he wrote on the I-134 is higher than the total income from his tax returns, his employment letter, and his pay stubs, then the consulate may ask why the number is different and ask for proof that his current income equals or exceeds the number he wrote on the affidavit, especially if the documents he submitted would seem to indicate his income is below the minimum required threshold.	JimVaPhuong	Male	Vietnam	2012-03-08 10:37:00
K-1 Fiance(e) Visa Process & Procedures	Questions about I-129F, Petition for Alien Fiancé(e)	Almost there. Just gotta gather some photos up of us together with captions and send it to my fiancee to print out. A question about the g-325a form: Applicant's last address outside the United States of more than 1 year. < The part where it says From and To ... I get the From part (when I moved into the current house I'm living in) but what about the To part? Is this meant to be a guess of when I'm leaving my current country to go to the U.S.? This form: http://www.visajourn...Form-G-325A.pdf You're obviously currently living outside the US so your last address outside the US is your current address, and the "To" date you would enter is the current month and year.	JimVaPhuong	Male	Vietnam	2012-03-08 11:05:00
K-1 Fiance(e) Visa Process & Procedures	2nd k1	I applied and received k1 visa for my than fiance in 2008 in Colombia - he received visa in 2/2009 and did not come to USA until the last day, 8/2009. In the time of my applying for visas for him and his son and his coming to USA I found out he had been living with a woman in Colombia. I did not let this stop me and I married him 9/2009 in NYC . I was going to visit my elderly and sick father 10/2009 and he wanted to return to Colombia. I returned with him and his son (who had also gotten a visa) on 10/2009. They remained in Colombia and I returned to USA. The person who found out he had a partner in Colombia is my cousin, and he is the person I am currently in love with . I divorced this man in March 2011 and applied for k1 visa for my current love in 7/2011. In 12/2011 I received request for evidence and I submitted all information I could find by 1/20/2012. USCIS acknowledged having received my papers and the standard response is to wait for maximum 60 days - this will take my waiting time into March 19 or 20th. Anyone with previous experience like mine? I am attempting to plan my life. I love this man, he allowed me to believe in love again - he has made my life a paradise full of hope. Recommendations welcomed and gladly accepted. Thank you. Is he your first cousin? One of the requirements of the K1 is that it must be legal for you to marry in the state where the petitioner resides. Half of the states in the US do not allow first cousins to marry. Six of the remaining states only allow first cousin marriage under certain conditions, usually if either or both spouses are too old or incapable of producing children. This all has to do with genetics. The likelihood of first cousins having children with genetic disorders is substantially higher. Assuming you can clear that hurdle... A second K1 is always riskier than the first one. The risk increases inversely with the length of time between the two petitions. You only had three years between your two petitions, which is not long at all. On the upside, your first spouse appears to have either not received an immigration benefit through the marriage to you, or has abandoned that benefit by leaving the United States for an extended period of time. This helps because it makes it look a little less like you're serving as a personal immigration portal. If I were you then I would expect to get a little more scrutiny than most other couples get.	JimVaPhuong	Male	Vietnam	2012-03-10 10:18:00
K-1 Fiance(e) Visa Process & Procedures	I was caught with fake IDs when I was 19	Yea secondary inspection. And it looked bad because i also had my graduation package in my bag which included a job contacts list. But that was a worldwide list as far as I remember not just US based. I had just graduated i did not plan to get any illegal work at all. And i do have extensive bank statements to show i withdrew money from my home account every week in every year i was there. Yea i never used the ID's or presented them for anything other than entry to clubs and buy booze, living up to our stereotypes i guess!! But i dont really drink anymore now, pluse i am of age in the US now lol.. "Immigrant intent" is an oddball in the list of inadmissibilities. Most inadmissibilities (other than medical) come into existence at some precise moment in time (like when judge says "Guilty!"), and they continue to exist virtually forever or until a waiver has been granted for them. "Immigrant intent" exists only at the moment you apply for admission to the United States, and then it vanishes until the next time you apply for entry as a non-immigrant. It only becomes an issue if you actually enter the United States and then apply for an immigration benefit. If you're denied entry then the issue goes away. A K1 visa is an oddball in the list of non-immigrant visas. It's one of the few that allows you to have "immigrant intent" at the time you apply for admission to the United States. This means any prior denial of admission for "immigrant intent" becomes irrelevant. Realistically, this stuff is all in your record with US immigration authorities. You could be asked about it at the visa interview. They might accuse you of being in a sham relationship primarily for the purpose of obtaining an immigration benefit. Frankly, the odds of this being a real issue in Ireland are pretty remote. Ireland isn't a high fraud third world country. If Ireland, or any country in the United Kingdom, shared a border with the United States then you'd probably have a problem with Americans jumping to fence to get in! I think you'll be fine.	JimVaPhuong	Male	Vietnam	2012-03-10 22:39:00
K-1 Fiance(e) Visa Process & Procedures	I was caught with fake IDs when I was 19	Hey guys, I think i mentioned this when i first joined. Once when returning to US after finishing college there, i was denied entry under the visa waiver program. I had in my wallet 2 false driver licenses, 1 was California and 1 Ohio. The reason I had these was to obtain alcohol and be served in bars, I got them when friends came to visit and we were going to vegas. I got the californian one first and realized it didnt work to good, and my friend already had an Ohio one which he had no problems with. Thats why i ended up with 2. I had gotten a couple of visitor visa and a J1 since that happened. But last year, when trying for F1 they did bring this up. Do you guys think it could pose any threat during my interview. The officers who granted me the previous visa where understandable as to why I had them. But Im not sure about the officers who refused my F1. Im pretty sure the main reason F1 was refused more so due to the time i had spent in US and my ties where not deemed strong enough now. Thanks How is it that they happened to find these two pieces of fake ID in your wallet? Did the immigration officer ask you for these documents, or did they find them in secondary inspection after searching you? If they found the documents in secondary inspection after searching you then you're probably ok, as long as there's no record of you having ever presented these to an immigration officer representing that they were genuine documents. If you actually tried to use them as identification with any immigration officer then it could be considered to be a false claim of US citizenship. That would result in a lifetime bar from the US.	JimVaPhuong	Male	Vietnam	2012-03-10 22:05:00
K-1 Fiance(e) Visa Process & Procedures	Full Data Set	If it's available it would be cool to have. But in the end you kind of just have to wait and be patient. I wish everyone the best with their applications. I'd consider any statistics produced from it to be good for entertainment purposes only. It contains only data provided voluntarily by VJ members, which means it's comprised largely of do-it-yourself types who happen to find this site, rather than a fair cross section of the total. The information each record contains isn't collected in one sitting, but over an extended period of time, which means it relies on members to update their timeline whenever a milestone event occurs, and also to update it accurately. Some members simply don't come back and update their timeline. Others update it weeks or months after the milestone occurs, which skews the data for the period of time between the actual milestone date and the update date. Some members don't provide information for every milestone - I've seen members who mention RFE's in their signature but have no RFE's in the their timeline, for example. Perhaps the worst anomaly is incorrectly entered dates. I've seen more than a few that had impossible dates because they were chronologically reversed (they switched the month and day, for example). I've also seen some where the member just didn't get it - for example, the beneficiary failed the K1 interview so they married and filed for a CR1, but the member went ahead and entered a wedding date on the K1 timeline. That sort of thing. You'd have to be very careful which records you trusted when compiling your stats. Anyway, I'm sure the admins aren't going to give you a copy of the database, at least not as an SQL dump. It contains personal information such as the member's email address. However, if you're any good at coding then I'm sure you could mine the publicly accessible data with a script.	JimVaPhuong	Male	Vietnam	2012-03-10 21:47:00
K-1 Fiance(e) Visa Process & Procedures	Should I mention I have his card?	These responses surprise me. I got a debit card for my fiance in her own name so she can use it to withdraw money and sent it to her and I was planning on her presenting it at her interview. You are saying this is a bad idea? What kind of new questions could arise from this? Issues of money changing hands before marriage can sometimes raise the suspicion that someone is being paid for something, and that the relationship is more of a business arrangement. If the beneficiary is paying the petitioner then it can look like the beneficiary is buying a green card. If the petitioner is paying the beneficiary then it can look like the petitioner is buying a bride/worker/sex toy. It's information that's usually best not offered to the consular officer unless they specifically ask about it.	JimVaPhuong	Male	Vietnam	2012-03-09 12:57:00
K-1 Fiance(e) Visa Process & Procedures	Has anyone been denied for being illegally present in USA previously?	it seems like they never knew he was residing in the states and that he left undetected..so basically offer information thats asked at interview is what i read through these forums!1 i could be wrong but lets see what others have to say Goodluck on your journey When people on VJ recommend that someone not disclose something unless the IO asks about it they are specifically talking about information which isn't required to be divulged. For example, people often ask if they should submit their Western Union receipts at the interview, and the response is often that they shouldn't unless the CO specifically asks about it. It's ok to withhold this sort of evidence because there is no legal requirement that it be volunteered, none of the forms specifically ask for this information, and it's generally not a material fact that should directly affect the outcome. Periods of unlawful presence are covered by immigration law. They can directly affect whether the applicant is admissible to the United States, and are therefore material facts. Several forms specifically ask if the applicant has ever been unlawfully present, overstayed a visa, or violated any US immigration law. There is no way to withhold this information without lying on those forms. Willful misrepresentation of a material fact can result in the alien being barred from the United States for life. In a nutshell, if the question is asked, either on a form or by an immigration officer, then it must be answered honestly. If a question is never asked then the information doesn't need to be offered voluntarily.	JimVaPhuong	Male	Vietnam	2012-03-10 22:17:00
K-1 Fiance(e) Visa Process & Procedures	K1 Proof of Petitioner's legal status.	What it says on the certificate is "It is punishable by U.S. law to copy, print, or photograph this document without lawful authority." Making a copy to provide to an agency of the US government is "lawful authority". You can make copies to submit to any US government agency.	JimVaPhuong	Male	Vietnam	2012-03-13 01:18:00
K-1 Fiance(e) Visa Process & Procedures	Question on VAWA affecting new K1 Petition	She is in Redwood Citym CA and is on CherryBlossoms trying to find her next victim. Hopefully USCIS will do the right thing and deny her removal of conditions and ask her to leave by midnight on November 2, 2012 when the conditional card expires. Of course my current fiancee knows everything. I laid all the cards on the table from day one. Don't believe in hidng anything, especially when I didn't do anything wrong and I was the victim. She will get her own one day. Karma will catch up to her. Take care. If she talks to a lawyer, which is likely, then he/she will tell her she doesn't need VAWA. All she needs is evidence she entered the marriage in good faith (which she'd also need with a VAWA self-petition) and a copy of the divorce decree. With those she'll be able to remove conditions and get a 10 year green card on her own. It doesn't matter what she did after she married you. It only matters if she entered the marriage in good faith. You should probably forget about trying to convince USCIS to deny her removal of conditions. First, they are always skeptical of evidence they receive from an estranged spouse. They consider you might have a motive for trying to use USCIS to punish her. Second, they need solid evidence that she entered the relationship primarily to evade immigration law, and this sort of evidence is difficult to obtain. What she did after the marriage rarely constitutes solid evidence of her motives when entering the marriage, unless you've essentially got an admission on her part that she duped you for a green card. For your own emotional well being, it's best if you move on and forget about her. Removing conditions is her problem now. USCIS usually doesn't deny requests for a waiver of the multiple filing limitations unless the petitioner has also been convicted of an IMBRA related crime. Your petition shouldn't be denied because of that. You can expect the issue of your first marriage to be raised at your new fiancee's visa interview.	JimVaPhuong	Male	Vietnam	2012-03-15 02:16:00
K-1 Fiance(e) Visa Process & Procedures	Am I Going To Get Banned?	Courts use a term called "presumption of regularity" in cases like these. This means that, lacking any evidence to the contrary, they are allowed to presume that an agent acting on behalf of a US government agency (a CBP officer, in this case) followed normal and regular procedures each time you were admitted to the United States. The presumption of regularity is so strong that courts have determined that people were lawfully admitted when they were clearly not eligible to be admitted. I was reading about a case last week where a Mexican national had left the US after a long overstay. She should have triggered the 10 year ban when she left, but she returned to a land border crossing a few weeks later riding in the passenger seat of a car driven by a US citizen. The CBP asked the driver a few questions and also asked the driver for ID, but asked nothing of the passenger. They were waived through. The Mexican national subsequently married a US citizen and applied for adjustment of status. USCIS claimed she should have been banned, and the fact that she wasn't questioned at the border meant she wasn't actually inspected. The court disagreed citing "presumption of regularity". She presented herself at the border in the customary fashion, and the fact that the CBP officer used his discretion not to talk to her did not mean she was not lawfully admitted. She got her green card. Anyway, in this case there's no strict inadmissibility rule. The OP didn't violate any immigration laws by entering multiple times for extended visits, without overstaying her authorized stay, and with only briefs absences from the US. As long as she crossed into the US using the normal procedures then the "presumption of regularity" applies.	JimVaPhuong	Male	Vietnam	2012-03-14 01:08:00
K-1 Fiance(e) Visa Process & Procedures	k1 visa	hello vjers.. i need some advices about this.. my fiance has 2kids, 21 and 17 year old. the oldest kid is under the custody of my fiance and also she still claiming his tax. the youngest is under the custody of his ex wife, and she is claiming her mother tax. so my question is, is my fiance can still consider the youngest kid which is 17 year old as his household? This doesn't make any sense. Who is claiming whom as a dependent on their tax return? If your fiance is claiming anyone as a dependent on his tax return then that person is a member of his household for the purpose of the affidavit of support. The 17 year old child is also a member of his household, whether or not not he claims the kid as a dependent, because he's legally obligated to contribute to the kid's support, usually until they're 18. There are exceptions to the above, but they don't apply in the overwhelming majority of cases. For example, a minor child would not be a member of a sponsor's household if the sponsor had given up parental rights and somebody else had adopted the child.	JimVaPhuong	Male	Vietnam	2012-03-16 00:57:00
K-1 Fiance(e) Visa Process & Procedures	K-1 Fiance(e) Visa question	Hello all, We are filling out forms for packet 4 for K-1 Fiance(e) Visa , My Fiance(e)s child age 14 will also come with her my question is Do we fill out these forms for her son also ? Form DS-156K. (Only K1 applicants need to submit this form). ? Form GNI-2 (Only K1 applicants need to submit this form). or do we only fill out form DS-156 for the K-2, ? thank you for your help Depends on the consulate. DS-156K is usually only for the K1. DS-156 is for both. GNI-2 is unique to the consulate in Guangzhou, but appears to be only for the K1.	JimVaPhuong	Male	Vietnam	2012-03-16 21:46:00
K-1 Fiance(e) Visa Process & Procedures	Multiple 129F Questions	1. The processing times in Texas, how long do they typically take? Do I have to file in Texas? Why not California or Vermont? I check the USCIS Processing times website and the I129F hasn't been updated since 2010. Are they really taking almost 2 years there? The Texas facility is for document intake only. They will cash your check, sort your documents into an official USCIS file, and forward it to the appropriate service center for adjudication. The processing time is more like six months for the petition. 2. My fiancee's documents are in Spanish. Do I need them translated or can I send them in Spanish? The documents of hers you need to submit with the petition are her G-325A, letter of intent, a couple of passport style photos, and divorce decree. The divorce decree will need to be translated into English. 3. My fiancee is from Peru, I'm a California resident. We both live in Tijuana, Mexico together and we both have Mexican Residency. She has been a Mexican Resident since 2010. Does this mean that they will let us go to Cuidad Juarez instead of Lima, Peru since we are legal residents of Mexico. As long as she has resident status in Mexico then she should be able to interview there. Your status in Mexico isn't relevant. You can list your preference for which consulate you'd like to interview at on the I-129F. It's up to the consulate to accept it, but they usually do if the applicant has resident status in the country. We are both divorced, my first wife was from an i129F also. Does this matter? Was that your only other I-129F? How long ago was the petition approved? If you've had an I-129F approved within the past two years, or if you've ever submitted two or more I-129F's, then you need to request a waiver of the multiple filing limits with your petition. This is explained in the I-129F instructions. Other than that, you can expect the subject of your first wife to come up at your fiancee's interview. They tend to be skeptical with multiple petitions filed from the same petitioner. They don't like US citizens acting as personal immigration portals. As long as your relationship evidence is solid then it shouldn't result in a denial. You both have to submit copies of all divorce decrees with the petition.	JimVaPhuong	Male	Vietnam	2012-03-12 02:28:00
K-1 Fiance(e) Visa Process & Procedures	Leaving the US after K-1 Visa has been issued	A K-1 is a single entry visa. If you marry and leave, you will have to start over with a spousal visa. The spousal visa takes 10-12 months to complete. Or, you can wait in the US after marriage and you file the AOS application, for 3 months until the time her travel permission is approved (Advance Parole), and then have the ceremony in Korea. This is exactly right. A K1 visa is good for one entry only into the United States. Someone who has a K1 visa is eligible to apply for adjustment of status based on the K1 petition if: 1. They are currently in the United States. 2. They married the K1 petitioner within 90 days of entering the US. 3. The last time they entered the US was with the K1 visa. An application for adjustment of status is considered abandoned if the applicant leaves the US, unless the applicant first applies for and receives advance parole. You don't know for certain how long it will take to get the advance parole. You also don't know if you'll be scheduled for a green card interview. If you are scheduled for a green card interview then you must both attend the interview or the green card will be denied, and the advance parole will be revoked. You don't want this happening if you're outside the US or she might not be able to get back in. If you get the advance parole and use it to travel outside the US then you should have someone monitoring your mail, and be prepared to drop everything and return to the US if you are scheduled for a green card interview. My wife got her advance parole only 12 days before our green card interview. You're better off scheduling the ceremony in South Korea well past when you expect the green card to be issued.	JimVaPhuong	Male	Vietnam	2012-03-17 18:22:00
K-1 Fiance(e) Visa Process & Procedures	K2 child of petitioner	well i understand that...actually i'm worring that consul would not even issued the K1 for me, cause in petition was listed my kid, and at interview i'll not present any documents for K2 visa. I know it might sound stupid but would it be a problem then to get K1, even if all my documents are good? Or it's even no sens to apply for K1? Most consulates will not issue the K1 if there is a child involved that has a claim to US citizenship, and that claim has not yet been processed. They won't deny the K1 visa. They'll give you a 221G slip asking you to come back to the consulate with the CRBA certificate. A friend of mine went through this process at the consulate in Saigon, Vietnam. He rescheduled the original K1 interview because it was scheduled only two weeks after his fiancee was due to deliver their child. She ended up having the baby the same day the interview was originally scheduled. The rescheduled K1 interview was scheduled for two weeks before the CRBA interview. She got a 221G sheet asking for the CRBA certificate, but they kept her passport. She was notified the CRBA was approved less than six weeks after the CRBA interview. When she went to pick up the baby's passport she gave them her 221G sheet, and they got her passport for her. The K1 visa was already in it.	JimVaPhuong	Male	Vietnam	2012-03-19 00:26:00
K-1 Fiance(e) Visa Process & Procedures	K2 child of petitioner	Thak you so much for help guys !!!! But one thing i don't understand. So now as my kid has my last name and no father's name in his birth certificate, do i need to get another birth certificate of him with both parent's name and also i need to change the last name of my kid? And if i'm not married his father yet then how people at airport would let me leave my country if i have one last name in passport an my kid another? will i need permision from his father to do that, even if we going to visit his father???? And if for example we were not going to get married but i still want to visit USA with my kid for a short period of time, in order to see relatives and all this stuff, can i get for my kid an US Passport but he will still have my last name. Cause i think it's rediculous to stay in my country with my kid, and him to have a different last name from mine, i will always need permision from his father to do something, even to go to the doctors. OH God!!! I don't know what to do and how to do. I'm just affraid that i'll go to US and our relationship will not work out and i will not be able to take my son and come back to my country cause he will have his father last name, but i will not. Hopefully it doesn't happen like that but still, i need to know. Please help. You don't need to get a new birth certificate. In some countries it's helpful with the CRBA process if the US citizen father is listed on the child's birth certificate, but it's not required. The child's name on his US passport must be his LEGAL name. It doesn't have to be his father's last name. The child will, for all practical purposes, be a citizen of two countries. If he leaves the country using his US passport then he probably wouldn't need parental permission. The problem this causes is that he would be a US citizen leaving with no record of having ever entered the country. This complicates things from an immigration perspective in the home country. Many countries would require a person in this situation to obtain an exit visa granting them permission to leave. In order to avoid this scenario most people have the child leave using a passport for their home country, and then enter the US using their US passport. I don't know what the laws are in your country, but if permission is required from both parents to leave the country then have your fiancee either write a letter or accompany you and your child when you leave. The child's CRBA certificate is proof of who the child's father is. I think it's odd that you can't take your child to the doctor without his father's permission. What do single mothers and widows in your country do? There's something you need to understand about family law in the US. Both parents have rights and responsibilities. Once you and your child enter the US the child will not be able to leave without his father's permission. This doesn't mean you'll be barred from leaving at the airport. In fact, if the child has a valid US passport and isn't on a blocked traveler's list then they'll let the child leave. The US doesn't stop US citizens from traveling abroad except in specific circumstances, such as certain tax or child support absconders or people under indictment for criminal charges, etc. It's not likely your child is going to end up on any of those lists, so they'd allow him to travel. The problem is if you take the child out of the US without the father's permission then you could be charged with international child abduction. If your fiancee wants to keep the child here then he could ask a family court judge to seize the child's passport to prevent you from taking him, and Department of State won't issue a replacement passport without permission from both parents. This is all designed to prevent parental abduction. Immigrant parents involved in a divorce in the US sometimes grab the children and head back to their home country, in spite of the fact that the parent remaining in the US may have been granted joint or sole custody. Some countries refuse to return the children to their custodial parents in the US. What's more, once your child becomes a US citizen then, in addition to having the rights of a US citizen, he'll also have the responsibilities of a US citizen. For example, once he grows up then he'll be expected to file a tax return in the US, even if he's living and working abroad. Once you've filed the CRBA then you're making a commitment on behalf of your son that you won't be able to undo later. If you have doubts about the relationship with the child's father then you should work those out before continuing.	JimVaPhuong	Male	Vietnam	2012-03-18 06:08:00
K-1 Fiance(e) Visa Process & Procedures	K2 child of petitioner	LJ is correct. The child has a claim to US citizenship, and the consulate is not permitted to issue visas to US citizens. It prohibited by law. They're going to require you to submit the CRBA. They'll only issue a visa if the CRBA is denied. Get started on the CRBA today! BTW, the child's claim to US citizenship hinges on two things; whether the child has a biological parent who was a US citizen at the time the child was born, and whether the US citizen parent met the physical presence requirements in order to grant US citizenship to a child born abroad. Proof is required to support the claim that both of these requirements has been met. When the child is born out of wedlock to a US citizen father then the law requires proof of a blood relationship between the father and the child. The consulate may request a DNA test to prove this. This might be less likely if the US citizen appears at the consulate for the CRBA interview and signs a paternity claim in front of the consular officer. Your fiance should probably plan on being at the consulate for the CRBA interview. The physical presence requirements are that the US citizen parent must have been physically present in the United States for at least five years, at least two of which must have been after the US citizen parent was 14 years old. The consulate will require proof that the US citizen parent has met the physical presence requirement. School records and/or tax returns are often used for this. The reason for the physical presence requirement is to stop the chain of inherited citizenship with the first child who does not actually immigrate to the United States.	JimVaPhuong	Male	Vietnam	2012-03-17 14:05:00
K-1 Fiance(e) Visa Process & Procedures	Can I (USC) visit my fiancee while I wait???	Sure. Have someone checking your mail in case you get an RFE. Be prepared to come back to the US, or instruct someone else to respond to the RFE. Be sure to check the documents you're going to need at the consulate stage. If you take 4 to 6 months off from work will you be able to submit a sufficient affidavit of support?	JimVaPhuong	Male	Vietnam	2012-03-19 00:15:00