ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresThe RFE Master List
I have a question. I used to be an international student at American university. I graduated from my BA last september.

My fiance and I have been long distance since then due to visa process. Now, we sent our petition with my passport copies including all stamped pages, last three boarding passes, and I-20 copies from my university. I went back and forth from US to Japan for many times during my college years like visitng my families. And this september, he finally came to Japan to meet my family.

Well, I sent only the evidence that I have been to the US many times. He visited me after we sent our I-129f. I wonder if both of us have to sent our boading pass, passport copies etc. And I did not have tickets anymore. All I had was boading passes, but since I was not a tourist and I was being a F1 student for 4 years, the immigration should have my data already. I wonder if my USC fiance has to send his evidence additionally.

Please anyone give me advice. unsure.gif unsure.gif unsure.gif helpsmilie.gif helpsmilie.gif
Masha2008FemaleJapan2007-10-25 22:55:00
K-1 Fiance(e) Visa Process & ProceduresThe RFE Master List
I have a question. My fiance (USC) sent our petition in the end of July, but he did not include my birth certificate. On the VJ, beneficiary's birth cetificate was not on the list, so he did not include.
I sent a copy of my passport and I-20 from my previous university in the US, but NO birth certificate. I sent it to him with English translation in July. Is it ok for us to send it if we get RFE? Simply says that we forgot to include? It was dated in July and I signed it orginally.
Masha2008FemaleJapan2007-10-19 18:24:00
K-1 Fiance(e) Visa Process & ProceduresThe RFE Master List
To Bill y Bella,

well, I looked at the instruction of I-129F. It said
Fill out the Form I-129F
1, Type or print legibly in black ink.
2, If extra space is needed to complete any item, attach a continuation sheet, indicate the item number, and date and sign each sheet.
3, Answe all questions fully and accurately. State that an item is not applicable with "N/A". If the answer is none, write "none".

My fiance wrote N/A to most of spaces, but put none to Question 13 about fiance's children because putting N/A does not make any sense.

I do not know if we get REF too. I hope not.
Masha2008FemaleJapan2007-10-02 19:43:00
K-1 Fiance(e) Visa Process & ProceduresThe RFE Master List
I received my RFE letter today.CSC requested evidence of met within last two years plus her Birth certificate.
I sent them copy of Pakistan visa on my passport and stamps copies of entering and exiting.
Sent them two pieces of restaurant bills we had diner together.
Sent them copies of ticket stubs to Pakistan and flight schedule sheet.
Sent them our engagement pictures and movie.
PLUS of course a copy of her birth certificate.

Lets hope that is enough proof. Can't wait to get my NOA2. Anyone know how long will it take for them to approve the case (NOA2) and how long for getting visa in hand after that? if the process went normal without any errors.
b4byd09MalePakistan2009-01-06 07:00:00
K-1 Fiance(e) Visa Process & ProceduresThe RFE Master List

quick uodate for you all we got a letter today saying we have been approved on the 24th January


Congrats! :dance:
mad1nolaFemaleDominican Republic2012-01-30 12:26:00
K-1 Fiance(e) Visa Process & ProceduresWhere fiancé will live?

Put your current address and when you move, update the address with USCIS or put the new address on any subsequent forms you need to submit.

 

I moved during the process and updated my address when the petition for my husband was at NVC.


srloring13FemaleNigeria2013-10-12 21:37:00
K-1 Fiance(e) Visa Process & ProceduresU.S. Citizen evidence

You only need to send in the back if there is something on it.  Otherwise just send a copy of the front. 

 

I sent in a copy of my passport pages and the front side of my birth certificate and I didn't get a RFE.


srloring13FemaleNigeria2013-10-28 09:16:00
K-1 Fiance(e) Visa Process & ProceduresPetition expires before next interview available - what do I do?

You should print that out. If they emailed you another date, print that and take it with you.


srloring13FemaleNigeria2013-11-02 09:13:00
K-1 Fiance(e) Visa Process & ProceduresBig Mess / Tax return filed Married but Not married Oh boy !

     OK , in 2010 i was living with my XGf and had one child,  We filed married joint on a tax return,  I live in Texas its a common law state.  I found out that the xgf was married still from previous marriage and had a previous drug problem and failed to tell me. We basically filed joint married to get more money back on the refund....Well 2013 is here , I have full custody of the child and filing a K1 for my fiancee in the Phils,  I am not legally married to the x and never had a civil wedding with her.  Well I am about to file my K-1 visa papers any day now,  but I'm worried that I will be flagged as married by the USA. They could ask me for divorce papers but , guess what , There are none , since we were never married just on that one tax return it says married. And you can have a legal marriage if your spouse is married to another guy at the same time. ALL of my w-2 say single, my last 2 tax returns (2011 - 2012) were all single head of household. 

 

I think I can fix this with a amendment maybe or maybe I have to hire a CPA to correct this mess but I am afraid this could stop or process dead in its tracks Im not sure ...Any one have any Ideas what to do ?

 

If I recall correctly, filing Head of Household, would have gotten you a higher standard deduction than Married Filing Jointly.  Especially if you supported the child and meet the requirments to claim him/her as a dependent.  You can also make an inquiry with the IRS and have them send you a response in writing as to what you should do. 


srloring13FemaleNigeria2013-10-26 10:25:00
K-1 Fiance(e) Visa Process & ProceduresThe RFE Master List
I have since noticed I wrote N/A in many places instead of none. Just noticed USCIS sent me a second RFE on Nov 18 (haven't received it yet). First one was for missing divorce document, maybe next is for mistakes on applications?
PJBFemaleRussia2008-11-25 18:14:00
K-1 Fiance(e) Visa Process & ProceduresGeneral K1 Guides and Info
I apologize if I am posting this question in the wrong place but I could not find a place that I found to be more appropriate. We applied and have received NOA2. We are waiting on the embassy at this point. My fiancee just told me I made a mistake on the I-129F in that I failed to include one of her children on the form. What do I do? First...........she thinks I don't like her son and secondly how do I include him? Or do I just wait to see what happens with the visa and try to obtain a visa for him after we get married? It would be that he is the only one who she wants to bring to USA with her. I think I am in a little trouble with her but I don't want to jeopardize anything we already have going on with her visa. PLEASE HELP!!!!

QUOTE (Captain Ewok @ Jan 29 2006, 04:15 PM) <{POST_SNAPBACK}>
K-1 Visa Holder Starter Kit
compiled by LisaD

CONGRATULATIONS ON YOUR ENGAGEMENT! You must be so excited! Man, there is so much for you to digest...plan on reading a great deal! No, getting married to a foreign national is not like the movie 'Green Card'. You are gonna be shocked!

Do yourself a favor and read the GUIDES <---click here! as well as understanding what a K-1 Visa actually is.

Read the FAQs <----click here!

And if you have a specific question that you're unsure of...hit up the Forum Search <---click here!. Most times, your question has been asked and answered countless times over.

Please refer to these tools that the admin CAPTAIN EWOK has provided. And many members have worked very hard to write all this info.........

And one more thing....BREATHE!!! Yes it seems like a lot of ####### and red tape to go through, but there are countless couples who have gone through this and who have lived to tell the tale.

oh, and no, you cannot file for a K-1 and get married while you're waiting. <---CLICK HERE!


Useful links along your K1 Visa Journey:
compiled by Sheriff Uling

[CLICK HERE] - Department of State (DOS) Nonimmigrant Visa Information (Overview of the K1 Process)
[CLICK HERE] - USCIS FAQ for Fiance(e) (2pg PDF File)
[CLICK HERE] - 5 Stages of the K1 Visa Process "Simplified and Theoretical" (according to Sheriff Uling)
[CLICK HERE] - VJ's K1 Visa Guide & Information (Detailed Steps for Filing)
[CLICK HERE] - VJ's K1 Visa Flowchart (General Overview)
[CLICK HERE] - VJ's K1 Visa Tips (Tips on Forms and Documents)
[CLICK HERE] - VJ's Acronym and Form Definition page (Great for New Members)
[CLICK HERE] - Manila Embassy K1 Visa Guide (Specific to the Philippines)

Make sure you also check out the Example Forms Section. This section has many example forms, for a general case, that you can use as reference.

Here is the official USCIS FAQ for Fiance(e) Visa's: http://www.uscis.gov.../article/A2.pdf. Once you file you will have several options available to track your case.

Helpful Notes for K1 Applicants (If you have a suggestion that you think should be added please PM me):

Note #1 (suggested by member: Mew):

QUOTE
Many VJs find it difficult to figure out how to check for touches and ask for helpsmilie.gif . So I thought I'd have this topic to make it easier for everyone.

What is a touch?
As JEDI's defined it (http://www.visajourney.com/forums/index.php?showtopic=20192#):
QUOTE
Any time your application is handled by someone at a Service Centre, the barcode is scanned, which results in an update to the "last date" for your case on the USCIS website. When the date changes, this mean that someone has physically handled or "touched" your case. There are many reasons your application may be "touched" - from simply being moved from one desk to another, to RFE's, to being approved.


There are 2 kinds of touches. There are the ones that show some kind of update, there are the ones that don't bring a new message. By logging into the account, take a look at the date that shows next to your case number. If it's changed, you've been touched.

By clicking on the case number, you get to check whether it was an update touch or not. The ones that don't show updates are connected with some kind of work done with regard to your case - it merely shows that they've taken a look at it somehow.

What? Case number? Account? Hang on, let me explain it. smile.gif

How do I get to check it out?

First thing is, get your receipt number (or case number). You can find it online on the back of the check you used to pay for the filing of the application when it's been cashed. If you can't do that, wait for the NOA1 in the mail. It'll be there.

There are 3 ways to check for updates.

1. By searching online: https://egov.uscis.g.../jsps/index.jsp - you'll just need the receipt number.

2. By logging into your account. To register on the USCIS site: https://egov.uscis.g...ntextType=CU_EN

3. By e-mail (once you have registered and clicked on the "E-mail on" button.

Options 1 and 3 are good if you only wish to check for status update. Option number 2 shows the mysterious touches (somebody worked on your case but we can't be sure what has been done).

Option 2 in detail:

Log into your account: https://egov.uscis.g.../jsps/login.jsp

It'll show a table:

Receipt Number | E-mail | Last Updated | (mm/dd/yyyy) | Form # |Form Title

Take a look at the date in the "last updated" box. Then go to "Receipt Number" and check the message. Is it different from the last update you got?

Yes: smile.gif Great! You got an update that changes the status of your case.
No: sad.gif Aw. They have just worked on your case...

Please note that the date on the update notices don't change. For example, if you got a message saying your petition was approved on JUNE 20, 2006, that date will never change. The ones that might change are the ones you get to see at the chart when you log into the account.

Do I really need to check the mysterious touches?
Not at all. Only obsessive people like me, for example, will do it. I find it comforting to know that someone's been working on my case smile.gif

Also, you only get to check the status before your petition is fowarded to the NVC...

I hope I covered it all. good.gif

Note #2 (suggested by member: sukie175 and pax):

QUOTE
***This applies in general to everyone**** Regarding your Overseas Medical: Please note that you need to ask the Doctor at whichever Hospital you go to - To give you the Department of State's vaccination worksheet (or at least an official copy) - it is known as the DS-3025 (this is not the same as the USCIS form I-693 or I-693A Suppliment). You will need this for your Visa interview and for later on when you adjust status to a permanent resident in the US.

When you apply to adjust status in the States, assuming you as a K-1 holder apply within one year of the original medical, you need an I-693A. This is USCIS'S VACCINATION SUPPLEMENT. Here's where it gets tricky! Some people have submitted a DS-3025 with their AOS package and have NOT received RFE's. Some HAVE. If you want to be absolutely safe in terms of your medical documentation as a K-1 adjusting status, you should take your DS-3025 to a USCIS-certified civil surgeon and ask them to transfer the information from your DS-3025 to an I-693A. They should do this for a nominal charge. If they try to tell you you need a full medical examination, DO NOT LISTEN. You ONLY need the vaccination supplement. The following memo from the USCIS documents that this completed form will remain valid beyond one year when submitted with most Adjustment of Status applications.

http://www.uscis.gov...edExt011106.pdf

The civil surgeon should give you an I-693A documenting the fact that your vaccinations are complete (either they were completed when you had your medical or you had them completed stateside). You should submit this with your AOS package.

Note #3:

QUOTE
Make sure on all photo's you submit to the USCIS / Dept of State that you label on the back of the photo (felt tip marker suggested) the names, date and location of the photo and the people in it (namely you and your fiance).
Note #4:

QUOTE
Later on when you file for AOS you will need to know where your non immigrant visa # is. This image shows you where:


Note #5:

QUOTE
Frequently Asked Questions answered by the Department of State regarding a K-1 Visa:
http://usembassy-aus...ular/ivfaq.html

Note #6:

QUOTE
This thread discusses exceptions to the requirement for having met within the last 2 years:

http://www.visajourn...showtopic=33474


Tom_AMaleMexico2009-06-09 19:10:00
K-1 Fiance(e) Visa Process & Proceduresi got engaged overseas while i was married in America and i had my green card

i went to afghanistan a few months ago and then i got engaged on september 2013 in afghanistan while i was married in America and was waiting  for my citizenship and then i got my citizenship on january 2014 and now i dirovreced  my wife a few days ago so can i file for my fiancee in afghanistan or do i have to visit her again and then do engagement party everything once more and also i dont have money to travel again any suggestion any help

 

So this thread is for helping a scammer getting fiance/wife to US after using USC for citizenship.ohmy.png no0pb.gif


flora01Female02014-03-22 23:46:00
K-1 Fiance(e) Visa Process & ProceduresChinese Characters Required on DS-156 But Don't Work
Wow that was fast. Yep the new packet instruction still has the requirement for telegraph codes.
Weird, I sure hope they don't still use telegraph.
Anyway, there's a tool here you can find the codes: http://www.njstar.com/tools/telecode/

Thanks!


It might be an old document set - check the expiration date on the form.

Also check out the link I gave for the GUZ IV packets and forms - those are the current ones - I'm thinking you've got old stuff.

Let me know if the newer forms still have the telegraphic code - they're NOT SUPPOSED TO have that, any more. Here's some info on telegraphic codes - http://www.chinafami...indpost&p=26117

and yes, the China Post Office maintains 'the book' of all telegraphic codes, since most China Post Offices handle telegraph communications.

Good Luck !


BillzMaleChina2010-04-16 01:47:00
K-1 Fiance(e) Visa Process & ProceduresChinese Characters Required on DS-156 But Don't Work
Hi Guys,

I have a related question but not really about the online form. My fiancee got the p4 packet and the instruction
about the form DS-156 says to include telegraph code for her chinese name. What's that about?
Does she actually have to go to the post office to look this up? Anybody know what this is used for ?

Just wondering.


Thanks.
BillzMaleChina2010-04-16 01:22:00
K-1 Fiance(e) Visa Process & ProceduresDS 260 Sample
Who is supposed to fill out FORM DS-260???

What if I (the petitioner) fills this out ... should I put my selft as "applicant" or petitioner??
Becky?DanyFemaleMexico2012-04-09 01:46:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS Processing Time Information for our Texas Service Center
CSC is the one. Thanks, I appreciate it.
Mr. GreenMaleJapan2012-03-25 02:32:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS Processing Time Information for our Texas Service Center
I filed a K1 Visa last November and received my NOA1 on 11/07/11. I was looking at the processing time on the USCIS website for the Texas Service Center and I am confused. I am curious to about the processing time frame dated; 10/20/2010. I don't get it, what does that date mean? Here's the; link https://egov.uscis.g...TimesDisplay.do
I would greatly appreciate if someone could explain to me. It might be simple but I'm just not seeing it.
Mr. GreenMaleJapan2012-03-24 23:37:00
K-1 Fiance(e) Visa Process & ProceduresMet through marriage agency many years ago, disclose?

I met my fiance over a decade ago though a marriage agency that is no longer in business (or at least no longer arranges marriages). However we lost contact for over a decade and reconnected this year via Facebook. Is our original meeting through the agency relevant now? Is there a way I could enquire beforehand about this topic? I have managed to contact the original owner of the agency who is willing to help but I'd rather not go down that path if I don't have to.


Read the I-129F instructions, page 1, step 2, "Compliance with the International Marriage Broker Regulation Act (IMBRA)." They describe in that section what constitutes an International Marriage Broker according to the law. If the agency that introduced you qualifies as an IMB according to that definition then you're supposed to disclose that in your response to question 19 on the form.

This is where it gets tricky...

The IMBRA was part of the VAWA re-authorization of 2005. It sounds like that was long after you were originally introduced. Why does this matter? Because the IMBRA imposes some disclosure requirements on the International Marriage Broker. The reason they want to know if you were introduced through an IMB is to determine if the IMB complied with the law. Even if the agency you used qualifies as an IMB according to the definition in the Act, it would have been impossible for them to comply with a law that didn't exist yet. So, technically, if the agency is (or was) an IMB then you have to declare it, but they're not going to be able to do the compliance check they would normally do because of when you were introduced, not to mention that the agency doesn't exist anymore.

According to the definition in the law, an IMB is an entity that exists primarily to provide dating services between US citizens or LPR's and foreigners. If the agency provided the same services to people other than US citizens, and charged the same rates to it's customers regardless of the country they were from, then they're not an IMB under the law. Even if the agency exists solely to hook up people from a specific country (Russia for example), they're not an IMB as long as they provide equivalent services to people from any other country, and aren't specifically focused on hooking up foreigners with US citizens or LPR's. The overwhelming majority of internet dating sites are not considered IMB's because they are open to people from any country, and not specifically US citizens or LPR's. In fact, most sites accept members from any country specifically so that they WON'T be considered IMB's under US law. That's because most of them don't comply with the disclosure requirements the IMBRA imposes.

In other words, they'd allow some guy from a 3rd world craphole sign up to the site, but the odds of a Russian girl giving him the time of day would be pretty slim. :blush:
JimVaPhuongMaleVietnam2012-11-26 02:23:00
K-1 Fiance(e) Visa Process & ProceduresSocial messaging as a proof of ongoing relationship

I have hotel receipt from Russia where we stayed while I was there. And it is all in Russian. I want to attach this to the file.
What are the requirements for translation? Certified translator or my translation would be sufficient?


Attach copies. Never send the originals. You'll never get them back. If they want to inspect the originals they'll ask for them. They occasionally ask to inspect the originals of official documents like birth certificates, but it's very rare for them to ask for the originals of evidence.

Only official required documents need to be translated. Evidence, like hotel receipts, do not need to be translated. Feel free to translate them yourself if you're concerned that the adjudicator won't believe that they are what you claim they are, but they don't usually question the validity of secondary evidence because it doesn't carry that much weight anyway. If you say it's a hotel receipt from a specific hotel in Russia they'll generally accept that it's the truth.
JimVaPhuongMaleVietnam2012-11-24 03:04:00
K-1 Fiance(e) Visa Process & ProceduresI-129f TERMINATION LETTER ??

We called USCIS and a representative said NOTICE TO DENY letter.

What does that letter means? What should we expect from it?

Thank you


Notice Of Intent To Deny, or NOID. It's bad news.

The consulate officer didn't believe your relationship was real. They believed it was an attempt to circumvent immigration law. The consular officer sent the petition back to the USCIS with the recommendation that the approval of the petition be revoked. In the consular officer's mind, it should never have been approved.

The reason this letter is bad news is because USCIS apparently agrees with the consular officer, and now they're intending to revoke the approval of your petition. What's worse is that it was the California Service Center. They usually don't readjudicate returned petitions. They just let them expire and let the petitioner file another one. The fact that they're sending a NOID without you having first tried to submit another petition means the consular officer's evidence must have been very convincing.

Here's the rough part...

By returning the petition, the consular officer has made an accusation against your fiancee. The accusation is that she made a material misrepresentation by applying for a visa based on an invalid relationship. That resulted in your petition being flagged. Marc Ellis, an attorney who sometimes posts on this board, calls this a "P6C marker", where "P6C" refers to section 212(a), paragraph 6C, of the Immigration and Nationality Act. That particular paragraph deals with immigration fraud.

In a nutshell, the consular officer has accused your fiancee of fraud. If USCIS concurs by revoking the approval of the petition then that accusation becomes a finding of fact. In the eyes of the US government your fiancee will be guilty of immigration fraud. No future visa application will ever be approved for her unless she can get an I-601 waiver for the fraud charge. Those waivers are difficult to get, and usually require an experienced (and expensive) attorney.

What I suggest you do is contact a good immigration attorney now. When you get the NOID letter you will have a limited amount of time to respond to it, usually about 30 days. If you don't respond forcefully and with tons of evidence then they'll revoke the approval of the petition, your fiancee will be guilty of fraud, and it will be much more difficult to get a visa in the future. Your main objective now is to stop USCIS from revoking the approval of that petition.
JimVaPhuongMaleVietnam2012-11-29 00:35:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa: Marrying outside U.S. once approved?

There are times when it's important to nit-pick about terminology in this process. This isn't one of them. From a wholesale standpoint, when a K1 visa is issued, USCIS has essentially given it's permission for a specific alien to marry a specific US citizen.


As long as we're nitpicking the point... :devil:

USCIS doesn't issue K1 visas - US consulates do. When a K1 petition is approved, USCIS has granted the US citizen petitioner's request to allow his/her foreign fiancee to apply for a visa. When a K1 visa is approved, the US consulate has given permission for the foreign fiancee to enter the US, with the stipulation that they may adjust status and become a permanent resident if they marry the petitioner within 90 days of entry. They are giving permission for the foreign fiancee to receive an immigration benefit if they comply with the terms of the visa - they aren't giving permission to marry. That would be a violation of State's rights. The Constitution doesn't grant the federal government the authority to regulate marriage.
JimVaPhuongMaleVietnam2010-08-29 22:45:00
K-1 Fiance(e) Visa Process & ProceduresRFE-Do i have to translate CHATS, Convos, Emails into English

I got a RFE stating that they need some additional evidence to prove our relationship

They are asking for Conversation, Emails and chats

My fiance and i we speak to eachother in foreign language and all our chats are not in english.

Do i have to translate our conversation in certified form or i just can send it to Vermont Service center without translating it ?

I would really appreciate uour help to this matter


Not long ago this sort of request was unheard of at the petition stage. USCIS left it up to the consulates to determine the bona fides of the relationship. This seems to be yet another new tactic from USCIS.

Well, obviously, give them what they're asking for. Since it's a reasonable assumption that the adjudicator won't understand the conversations if they're not in English then you should probably translate them. I don't know if a translator's certification would be required since you're not translating official documents. If you can translate them yourself then it wouldn't hurt to add a certification statement. One certification statement should suffice for all of the conversations.

If I were personally responding to this RFE, I'd provide as many copies of correspondence as I could, but I'd only translate a handful of them. I'd also include an explanation that there wasn't time to translate everything and still respond within the window of time they provide. Don't knock yourself out trying to translate a big stack of conversations and then miss the response window. If you don't respond by the date on the RFE then they'll deny the petition.

I'm not sure what USCIS is up to with these new tactics. Perhaps they're trying to screen petitions in advance for factors that the consulate might use to deny the visa, and hopefully stop some petitions from being returned by the consulate. I can't think of any other reason they'd be doing this.

Edited by JimVaPhuong, 15 December 2012 - 02:38 AM.

JimVaPhuongMaleVietnam2012-12-15 02:37:00
K-1 Fiance(e) Visa Process & ProceduresJust curious about RFE's
I agree with the comments by amykathleen. When your petition makes it to the front of the line then an adjudicator will review it. That's when they'll decide if an RFE is needed. Until then, your petition is sitting in a box in a room full of other boxes, all stored in chronological order, waiting for it's turn to be reviewed. Nobody is going to open that box, and nobody is going to look at your petition, until that box is next in line and an adjudicator pulls it. When you get an RFE then it means you've made it to the front of the line. This is why most people are approved shortly after responding to the RFE.
JimVaPhuongMaleVietnam2012-12-24 21:53:00
K-1 Fiance(e) Visa Process & ProceduresDomestic Violence and Drug Convictions
If you've never filed an I-129F before then you don't need a waiver. The attorneys who said you did were wrong.

Offenses which fall under the IMBRA do not make you ineligible to file an I-129F petition. They might make you ineligible to to obtain a waiver of the filing limitations, at the discretion of USCIS. Since you don't need a waiver, then you don't need to worry about this. You need to provide ALL police and court records for each conviction. As required by the IMBRA, they will send a copy of these documents to your fiancee. They will probably do a thorough background check on you, and (as the attorney told you) they may require you to provide biometrics. It could indeed slow down the process for you, but it should not normally result in you being denied. You can probably expect the subject of your DV and drug convictions to be raised with your fiancee at the interview. She doesn't need to sign any sort of affidavit. Department of State will make sure she knows about your convictions.

If none of the circumstances described in part C, question 3, apply to you then don't check any of the boxes. Of course, you DO have to check "Yes" for question 2.

There's not really anything you can do to speed things up. There are a number of things you can do to slow things down, like failing to provide complete records for a conviction.
JimVaPhuongMaleVietnam2010-08-11 20:14:00
K-1 Fiance(e) Visa Process & Proceduressponsor?!

hello all!

Just wondering if anyone can give me a little advice on something... My fiance (the USC) has been unemployed for 90% of 2012 because she has been flying out to Australia on and off to see me throughout this process as I can't get that much time off work. Because she hasn't been working we have her mother co-sponsoring us, she makes well above the poverty requirements so hopefully there is no problems there. The only thing I'm concerned about at the moment is that my fiance claimed EDD benefits for a couple of months when she was at home in the US. Is that going to be a huge red flag when they see her 2012 taxes when we have our interview in 2013 sometime?

Thanks

Matt


By "EDD" I presume you're referring to "Employment Development Department", which usually handles unemployment compensation claims in most states.

She using a joint sponsor so her income should be largely irrelevant. However, since the K1 is not an immigrant visa they have a lot of discretion in making the public charge determination. Even with a joint sponsor, they could conclude that there's a strong chance that the beneficiary will become a public charge in the US. The likelihood of them doing this in Australia is remote. It would take some fairly blatant circumstances, like a petitioner who is disabled and collecting SSI at well under the poverty guidelines, and a beneficiary who is also disabled and will probably never be gainfully employed. Even with a joint sponsor, they could conclude that the beneficiary in that case would almost certainly end up being a public charge.

Collecting unemployment benefits doesn't generally reflect badly on the petitioner's future earning capability. Unemployment benefits are not a means tested public benefit. They are paid primarily from an insurance fund that the employer pays into while the employee is working. The situation has been a little different for the past few years because of the bad economy in the US. The federal government has been subsidizing unemployment funds in most states to help them pay benefits for longer than the normal amount of time because of the high unemployment rate. However, that hasn't resulted in the benefits themselves being reclassified as means tested public benefits. Even if it had, the only difference it would make is that the benefits couldn't be counted as income on an affidavit of support.

They're going to look at the big picture here. The two issues they're primarily concerned with are whether the beneficiary will have a qualified sponsor who meets the statutory minimum income requirements for adjustment of status, and whether circumstances indicate the beneficiary is likely to become a public charge. If you have qualified joint sponsor then they'll tend to conclude you'll also have a qualified sponsor when it comes time for adjustment of status (I'm talking specifically about Australia here - some consulates rarely consider a joint sponsor for a K1 visa). If the beneficiary is capable of working, and especially if they have specific job skills, then they'll tend to conclude that the beneficiary won't become a public charge.

I can't remember the last time I read about a beneficiary in Australia being denied on the public charge determination when they had a well qualified joint sponsor.
JimVaPhuongMaleVietnam2012-12-26 01:45:00
K-1 Fiance(e) Visa Process & ProceduresI-129F QUESTION NO. 10 MY CITIZENSHIP WAS ACQUIRED THROUGH

Born to military parents on a US base abroad, is born on US soil. Okinawa being a territory at the time makes it a sure bet. The birth certificate is key. If it is a foreign government's birth certificate, then it's "parents" but that's not the case here.


No, it's not. The overwhelming majority of US bases abroad are not considered sovereign US territory. They are simply leased from the foreign government. Children born on those bases are treated as being born abroad to US citizen parents. Their births must still be registered with the consulate with a CRBA. The only difference between them and any other child born to a US citizen abroad is that the military's consular liaison office usually handles the CRBA. However, their US citizenship would still be acquired through their parents and not by birth.

Okinawa during the time period the OP mentioned was a completely different situation. The island was under the administration of the US government. This is not technically the same as being a territory of the US, but it does mean that the US maintained sovereign control over the island. People born to Okinawan parents and registered in an Okinawan koseki were considered citizens of Okinawa - not Japan - and were issued US passports when they traveled abroad. People born to US citizen parents were considered US citizens by birth. That ended when the administration of Okinawa was turned over to the Japanese. Most of those Okinawan citizens were repatriated and became Japanese citizens.

I was born in the same manner as John McCain, and the same form of documentation. The combinations of location, parents, and form of documentation have McCain as a 'natural born citizen'. No one has ever even remotely questioned the legitimacy of McCain's eligibility to run for president. (John McCain was born on August 29, 1936, at CoCo Solo Naval Air Station in the Panama Canal Zone. At that time, the Panama Canal was under U.S. control. Both parents US Citizens, and special documentation.)


Actually, John McCain's status as a "natural born citizen" was challenged during his campaign. John McCain was actually NOT a US citizen under the law at the time of his birth, but was considered a US national without citizenship. USC 1403, which became law in 1937, retroactively conferred US citizenship on people born in the Panama Canal Zone at the time McCain was born. There were at least a few constitutional lawyers who questioned McCain's eligibility as a "natural born citizen" to become President, including Haward Chin, professor of law at the University of Arizona. Fred Hollander filed a lawsuit in a district court in New Hampshire challenging McCain's eligibility. That case was dismissed for lack of standing. Markham Robinson, an elector for the American Independent Party, filed a lawsuit in the Northern District Court of California challenging McCain's eligibility. That case was also dismissed for lack of standing. However, the District Judge William Alsup did state in his injunction that it was his opinion that McCain would probably be considered a natural born citizen under USC 1401. The US Senate passed a unanimous non-binding resolution in 2008 declaring that John McCain was a natural born citizen and eligible to serve as President. Since no court heard the case on it's merits, McCain's status as a natural born citizen is considered undecided from a legal standpoint. However, nobody questions that he is a US citizen.
JimVaPhuongMaleVietnam2013-01-02 09:22:00
K-1 Fiance(e) Visa Process & ProceduresRecently Engaged
Everybody wants to make you go hunt for it. :blush:

The link to the guide you were looking for is in the section titled US Citizen and Spouse both live/reside in the US:. The guide page is I-130 Petition and Adjustment of Status Guide
JimVaPhuongMaleVietnam2013-01-13 14:17:00
K-1 Fiance(e) Visa Process & ProceduresI-129F Address too long, no more spaces
As long as it's not a form that has to be electronically generated like the DS-156 then it's perfectly acceptable to write in the information by hand. In fact, the entire form can be filled out by hand if you prefer. They provide the form as an editable PDF purely for your convenience, but you aren't required to use a computer to fill out the form.

That said, any information they need in their computer system from any of the forms is going to be manually transcribed. A computer printout is less likely to be misread than information manually written. Most people prefer to provide addendum sheets because it reduces the chances of errors. If you choose to use an addendum then don't bother to enter ANY of the affected fields on the form itself. In other words, don't write part of the address in the box and then finish it on the addendum sheet. Just write "see attachment" in the box, and write the entire address on the addendum sheet. Be sure to note on the addendum sheet which box on the original form the information pertains to. For example:

Form I-129F, Part B, Section 2 - Fiancee's address


1234 Street Name
City, Province, Country


JimVaPhuongMaleVietnam2012-12-26 02:16:00
K-1 Fiance(e) Visa Process & ProceduresProof of ongoing relationship
Front-loading isn't meant to help get the petition approved. Front-loading is meant to help at the visa interview. Getting the petition approved only requires that you provide sufficient evidence to prove you've met within the past two years.

Front-loading is meant to accomplish two things at the interview. First, it helps ensure that the consular officer sees your evidence since they aren't required to view any of the relationship evidence you bring to the interview. Second, and probably most important, front-loading is meant to address potential red flags in your case. Red flags are situations that are known to raise the consular officer's level of suspicion at a particular consulate. If any of those red flags exist in your case then the consular officer will probably give your case more scrutiny, and could potentially even deny the visa. If you front-load sufficient evidence to address those red flags, and explain them in a way that reduces or removes any suspicion, then it substantially lowers the ability of the consular officer to deny the visa based on those red flags.

When a consular officer denies a visa then they return the petition to USCIS with the recommendation that the approval of the petition be revoked. Basically, the consular officer is saying that USCIS would never have approved the petition if all the evidence were known. A consular officer doesn't have the authority to re-adjudicate a petition that was approved by USCIS. In other words, they can't return a petition just because they would have made a different decision than the USCIS adjudicator when reviewing the petition for approval. When they deny a visa and return a petition then they are either saying that the beneficiary is clearly ineligible and USCIS screwed up when they approved the petition, or that the evidence for revoking the approval of the petition was discovered after the petition was approved; e.g., at the consular interview. USCIS does occasionally screw up and approve a petition they shouldn't have approved, but most often a petition is returned because the consular officer is saying that the evidence wasn't known to USCIS at the time the petition was approved. Front-loading is a tool to counter this.

In other words, if being introduced by the beneficiary's uncle is considered an indicator of potential fraud at that particular consulate, and the evidence of how the couple were introduced was discovered at the interview, then the consular officer could use it as a basis for denying the visa. On the other hand, if the fact that the couple were introduced by the beneficiary's uncle were included in the front-loaded evidence, and explained that the introduction was 'innocent' and conformed with local social customs, then it would be difficult for the consular officer to use this as a reason to deny the visa. Clearly, if the evidence is included with the petition then the consular officer can't claim USCIS didn't know about it when they approved the petition.

What I'm getting at is don't waste your time packing your petition with piles of chat logs and emails. The CO won't look at it. Carefully choose your front-loaded evidence, and include evidence that either strongly supports the validity of your relationship and that you think it's important for the CO to see, or evidence that addresses specific red flags in your case.
JimVaPhuongMaleVietnam2013-01-16 12:06:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa for first cousin marriage in Vietnam

6 months is quite long. is that really important? Do I have to submit proof of my residency for that time frame?


You should probably live there long enough for the state to consider you a resident. For most legal purposes, the state of New York considers you a resident after you've lived there one year.
JimVaPhuongMaleVietnam2013-01-19 10:32:00
K-1 Fiance(e) Visa Process & Proceduresplease help.. really need an advice :'(

thanks for the replied LORIEandPHIL :)
so we have to wait to got all the package back or we can just send the new one?
and about $19.000 is that before or after the taxes?
thanks again! :D


There's a different threshold for active duty military personnel. For two people it would be $15,130, and that's before taxes.

On a personal note, why is he still an E3 with six years time in service? He should probably be an E5 by now. Did he get into some sort of trouble?
JimVaPhuongMaleVietnam2013-01-19 10:16:00
K-1 Fiance(e) Visa Process & ProceduresMinor Information! Stressseeeedddd
The age question was answered pretty concisely by Rob & Monika. The I-129F instructions state that if either petitioner or beneficiary are of an age that requires parental or judicial consent then they have to submit proof that the consent has been obtained with the petition. In Washington state the consent is both parental and judicial. If the couple are being married in Family Court then their parents or guardian can come in to the court with them, be sworn in at the same time as the couple are sworn in, sign the consent form on the back of the marriage license, and then present the form to the District Judge, who will certify the consent with his/her signature and court seal and then perform the marriage. An alternative is for the parents or guardian to sign a consent form and have their signatures notarized, and then the consent form can be presented the Family Court for the District Judge to sign and seal. Either way, she's going to have to go to a Family Court in Washington state to get the judicial consent. I doubt she can get this done before her birthday given that she's currently living in Spain.

Since she has less than two months until her birthday, it would be much simpler, not to mention dramatically less expensive, to just wait until she's 18.

Edit: Her I-134 will be considered insufficient. What they're primarily looking for is that she'll be able to provide sufficient sponsors for her fiancee once they go to America, marry, and apply for adjustment of status. Her foreign income will cease when she returns to the US. Her parents would not be accepted as joint sponsors because they aren't domiciled in the US. She needs a joint sponsor who lives in the US.

Edited by JimVaPhuong, 05 December 2012 - 02:18 PM.

JimVaPhuongMaleVietnam2012-12-05 14:13:00
K-1 Fiance(e) Visa Process & ProceduresCambodia k-1: Refusal Worksheet, case returned to USCIS

1. CO did not believe our relationship was genuine.


They suspect everyone of this in southeast Asia, but your fiancee more so because they're convinced she had an ulterior motive.

2. CO says the person who introduced us is too involved,


This is a killer at every consulate in southeast Asia. An immigration lawyer in Saigon who is fairly well known on this forum refers to this scenario as "Uncle Boom Boom". The uncle introduces an American friend to his niece for the primary purpose of helping her to immigrate to the US.

3. C0 says her past visa "misrepresentation" was also an issue.


Well, at least he didn't say she was permanently barred from the US. That would be the usual result for someone who was determined to have been guilty of material misrepresentation, but they don't usually impose that penalty on a minor. Adoption fraud in Cambodia is widespread, so much so that USCIS stopped accepting adoption petitions for Cambodia in 2001.

Here's a USCIS Q&A about this:

http://www.uscis.gov...odia_020702.pdf

USCIS and Department of State are still not accepting adoption petitions for beneficiaries in Cambodia because of the fraud issue.

Here's the low-down: The consulate believes her uncles are pulling every trick they can to get your fiancee into the United States with a green card. The consulate believes they tried the adoption route and then backed out when they were asked for DNA because they knew they'd been caught. The consulate now believes her uncles are trying to hook her up with an American so that she can immigrate via marriage. They may or may not believe that you are in on the caper, depending on your circumstances. If you happen to work for one of her uncles, or if you have marginal income that barely qualifies you to sponsor an immigrant, or especially if her uncle helped pay your expenses to travel and meet her, then the consulate probably thinks you're not only in on the setup, but that you're probably being paid to help. If none of those circumstances applies to you then the consulate probably just thinks you're an unwitting accomplice who has been duped by the uncle and your fiancee.

The situation with the uncle is not insurmountable if you can demonstrate that the uncle was a friend of yours long before he offered to introduce you to his niece, and that you don't have a business relationship with the uncle that would make you subordinate to him (i.e., his employee), and that your life is comfortable enough that you couldn't be bought off to help his niece immigrate nor accept any financial assistance from him in arranging for your trips to Cambodia. You have to convince the consulate that YOU are above suspicion, and that the uncle did nothing more than arrange the introduction. After that, you were in control of the relationship. This could have been handled with the documents you sent with the petition. Question 18 on the I-129F is an excellent opportunity to address these sort of red flags.

You can marry your fiancee now and file an I-130 while you're waiting for an answer from USCIS, but I strongly recommend you don't rush into this. Make several more trips and gather a lot more evidence first. You'll need more ammunition at the next interview.

If you get a NOIR then you must respond forcefully with a truckload of evidence, even if you've already married and filed an I-130. If the approval of the I-129F is revoked then your fiancee will be guilty of material misrepresentation, and you'll need to a hardship waiver to overcome this.
JimVaPhuongMaleVietnam2012-07-18 00:52:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa I 134... No tax forms, no income!

Thanks guys.

Well, I can file now for the last 3 tax years here in the US.

Looking into the CR1, it seems like the better option. I have had an FM3 for the past 3 years in Mexico. I believe that makes me eligible for DCF???

As I see it, I can file taxes here, marry there, apply for CR1 via DCF there, use a co-sponsor, and go for it.

Jay, you mentioned cheaper... I see that the CR1 filing fee is about $80 more. Would the rest of the process be less? Also, we're much closer to Mexico City than Juarez. The travel time and cost could be saved if all this could be processed in Mexico DF.

Cheers!


A K1 has to apply for a green card after arriving in the US and marrying the US citizen. Total cost for the I-485 is $1070. That makes the CR1 a lot cheaper.
JimVaPhuongMaleVietnam2013-02-19 09:56:00
K-1 Fiance(e) Visa Process & ProceduresI-134 Help: Bank can't provide deposit information on account verification letter

The bank statements/letter do show income (and bank accounts can be considered and asset). I am not trying to be argumentative just providing the information I have been made aware of from other sources. The official instructions for the I-134 (dated 05/25/11) specifically state that the letter of account verification is a valid form of evidence. As a matter of fact it says that the tax return is necessary only if you are self employed. That is the only place it even mentions a tax return. Doesn't mention assets in the instructions other than bonds. Of course there is a place for showing assets on the form itself.

Current i-134 instructions


Do not follow the instructions for the I-134. Those instructions were written by USCIS, and you're not submitting the I-134 to USCIS - you're submitting it to a US consulate. They're not even the same department of the government. The consulate will instruct you what sort of evidence they require in their packet 3 and packet 4 instructions. Follow those instructions.

Most consulates will insist on a copy of the most recent tax return. Some consulates, like the one in HCMC, specifically want an IRS transcript of that return, but may accept a copy of the return at the discretion of the consular officer. If you don't want to provide a copy of your tax return, and would prefer to provide bank statements instead, then feel free to take your copy of the I-134 form instructions into the consulate and argue with the consular officer. Let us know how it goes. :whistle:

Seriously, this is one of the very rare cases where you should not follow the instructions that come with the form. Forms beginning with "I" are immigration forms used by Department of Homeland Security, while forms beginning with "DS" are use by Department of State. The I-134 is one of the few DHS forms used by US consulates, and they use it as little more than a cover sheet for the sponsor's financial documents. They'll reject it if you don't give them the evidence they want.
JimVaPhuongMaleVietnam2012-03-09 01:52:00
K-1 Fiance(e) Visa Process & ProceduresI-129F Denied :(

I've noticed on the USCIS status updates that some petitions get rejected outright for not being properly filed, while others (like the OP's) get put away for adjudication and then denied later. The OP's petition would seem to be a classic example of not being properly filed: why wasn't it rejected right away?


I think it was more common for a petition that was lacking mandatory evidence to be rejected and returned to the petitioner back when petitions were submitted directly to the service centers. I think the document uptake employees at the service centers are better trained in what constitutes an acceptable petition package. I think the employees at the Texas lockbox facility are trained only to look for the most obvious stuff, like a check with the wrong amount for the type of petition being filed, or a missing signature on the petition form, etc. Once they've accepted the petition and cashed the check the petition is sent on to the service center. At that point, the service center doesn't have much choice except to adjudicate the petition because the check has already been cashed.
JimVaPhuongMaleVietnam2012-08-01 10:50:00
K-1 Fiance(e) Visa Process & ProceduresI-129F Denied :(
From the Adjudicators Field Manual, Chapter 10.5:


(iii) Initial Evidence Not Submitted .

USCIS can deny the application or petition. Alternatively, in its sole discretion, USCIS may request that the missing evidence be submitted within the established timeframe, which can be no more than 12 weeks. AFM Appendix 10-9 sets general timeframes for applicants or petitioners to respond to RFEs.


In this case, an RFE would have read like the I-129F form instructions, since virtually no evidence was submitted - not even evidence to establish that the petitioner was eligible to submit the petition. As indicated, the adjudicator had the discretion to decide whether to deny or issue an RFE. The adjudicator apparently didn't feel like holding anyone's hand and walking them through the process, so they denied.
JimVaPhuongMaleVietnam2012-08-01 01:34:00
K-1 Fiance(e) Visa Process & Proceduresalot older

I didn't know of the Parental Advise, I'm sure my lawyer does. Yes I've heard the phrase robbing the cradle , but in the Philpines or Thailand it's seems pretty normal to see younger women with older men
I'ts only back in the states where you get that mentality about the old dude and a young women. I'm aware that older men or considered a commonity to younger women there, all because of poverty.
Mostly all you read about are the horror stories of the young women that are only after the green card. After being westernized their long gone with a younger richer man, well see how it plays out in the next few months. thanks for the tips


I wasn't suggesting you were "robbing the cradle". I was making a little dig at the comment from Brother Hesekiel. :whistle:
JimVaPhuongMaleVietnam2012-12-16 01:14:00
K-1 Fiance(e) Visa Process & Proceduresalot older
All of the statements made in this thread are true - a large age difference with a much older man and much younger woman are common in the Philippines. It's usually not an issue (cradle robbing aside :whistle: )

That said, it depends very much on the beneficiary's country and culture. Anything that would raise an eyebrow of a native of that country will do the same to a consular officer. Anything that would downright shock a native of that country will likewise shock a consular officer. There are some countries where a large age difference is considered highly unusual. There are also some countries where it makes a difference which of the two intended spouses is older - the male or the female. I mention this only because I don't want everyone coming away from this thread thinking that because the OP will probably not have a problem because of the age difference that they too are safe. You need to know what is culturally acceptable in your fiancee's country because the consular officer will definitely know, and they will use it against you if you don't fit the cultural mold.
JimVaPhuongMaleVietnam2012-12-15 02:49:00
K-1 Fiance(e) Visa Process & ProceduresK1 denial
212(a)(5) is a catch-all. When a consular officer doesn't believe that the relationship is legitimate then they often cite 212(a)(5) because if they've determined the beneficiary isn't eligible for a K1 then a work visa is the only category left they could apply for, and citing 212(a)(5) indicates they don't have the appropriate labor certification for a work visa. It may seem an odd way to do it, but the consular officer needs to cite a specific class of inadmissibility when they deny a visa, and there isn't a specific class of inadmissibility for when the consular officer uses their discretion to determine that a relationship isn't legitimate.
JimVaPhuongMaleVietnam2013-02-22 09:35:00