ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresCan 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?
JimVaPhuongMaleVietnam2012-03-19 00:15:00
K-1 Fiance(e) Visa Process & ProceduresI-129F packet Oganization. Also internation marriage Broker???

Organizing the I- 129F packet. Do I need to seperate my Fiancee imformation from mine or can it go into same catagories with each other?? Also Internation marriage broker on line 19 on petition! What is this? We met on a free site called Russian Cupid. Do I need to put this there??


Just don't mix up multiple pages of forms. For example, don't stick her G-325A behind the first page of the I-129F. Other than that, it's not a big deal. They're going to re-sort everything anyway when they put it into their file folder.

An International Marriage Broker (IMB) is defined under immigration law as an organization that provides a service primarily to hook up American citizens and/or permanent residents with foreigners for the purpose of marriage. It doesn't matter if the service focuses primarily on hooking up foreigners from a specific country (like Russia), as long as they don't primarily focus on hooking up those foreigners with Americans, and they charge the same fees for everyone. For example, if they also arrange relationships between Russians and Europeans, Australians, Canadians, etc. Most online meeting sites are not considered to be IMB's, which includes all of the "cupid" sites, as far as I know.
JimVaPhuongMaleVietnam2012-03-19 23:11:00
K-1 Fiance(e) Visa Process & ProceduresRFE question...

After all this months of waiting we got an RFE and it was about fiance forgot to check a yes/no box page 3 part C I129-F my question is about the date of the form does he have to put the current date or the date when we submit the forms?? can we add more evidence about ongoing relationship??


Did they return the I-129F, or are they asking you to submit a new one? If you have to submit a new form then the date should be the same date the form is signed.

You can add more evidence if you like. They aren't required to accept it if it isn't related to the RFE, but it's worth a shot.
JimVaPhuongMaleVietnam2012-03-19 23:03:00
K-1 Fiance(e) Visa Process & Proceduresis letter of intent necessary?

is letter of intent necessary to bring to interview?


Not usually. Most consulates don't ask for it, in most cases. They may request it if it's been an unusually long time since the petition was submitted, or if they have any reason to believe that the petitioner might have had second thoughts. For example, John Doe sends an email to the consulate stating that their relationship is going through a rough patch, and wanting to know what is the procedure for rescheduling the interview.

If the petitioner is also going to attend the interview then I don't think there's much point in having an updated letter of intent. Otherwise, the conventional wisdom on VJ is that it's better to have it and not need it than to be asked for it at the interview and not have it.
JimVaPhuongMaleVietnam2012-03-20 10:49:00
K-1 Fiance(e) Visa Process & ProceduresNOA1 fiancee country of birth UNKNOWN

Hello everyone. Yay! We receive our NOA1 (I-797C)confirming the receipt of our I-129F petition today.
What I don't understand in our NOA1 is my COUNTRY of birth is UNKNOWN when in fact in my G-325A, I clearly wrote under the item- city and country of Birth - Leyte, Philippines. I'd like to ask the advice of the member's here if this is a common occurrence? Should we contact the USCIS to correct it?
Thanks.


The person who processed the I-129F for acceptance doesn't read the details on the forms. They just look for obvious reasons to reject the package, like required forms missing, required signatures missing, or a check that's made out incorrectly or for the wrong amount. After that, they collect the bare minimum information they need to open a computer file, generate a case number, and process the package for acceptance. They usually don't collect the beneficiary's country of birth when they create the file, so most people's NOA1 notice will say "unknown".
JimVaPhuongMaleVietnam2012-02-14 10:03:00
K-1 Fiance(e) Visa Process & Procedurestake photos for wedding before K-1 Visa

Gary is 99.44% correct (China = the exception, per Darnell). He is also more blunt in his warning than I have been. For others reading here, do NOT (do not! do NOT!) refer to yourselves as husband/wife unless you're actually married!


It's also common in Vietnam, and I suspect in some other east Asian countries as well. The photo book they're referring to is just a book of pictures taken in romantic locations around town, usually featuring only the 'bride' and 'groom' in tux and gown. There aren't any pictures of an actual wedding ceremony because there was no ceremony.

Some people take these pictures to the consulate, and it's usually not an issue. On the other hand, I doubt the CO gives them any serious consideration. It only takes a relatively small amount of money and only takes an afternoon, and there are shops all over the place that specialize in them. Some of them provide everything, including the photographer, the rented wardrobe, the taxi, and the finished book of photos, and even deliver the book to your hotel later that evening or the next morning, all for one price. Something you can do in an afternoon wouldn't be considered by a CO as strong evidence of the bona fides of a relationship.

My wife and I didn't do the photo book because we both thought it was kind of hokey. What we did instead was we went to the Citadel in Hue city - an old 19th century fortress from the time of the Nguyen dynasty. We put on period clothing and makeup and dressed like 19th century Vietnamese royalty, and had our photos taken in a room next to the main courtyard. The photographer then performed some digital magic, and we received the finished photos - 18 x 12, and fully laminated - delivered to the hotel that evening. They added a complete royal court scene, complete with foot servants and guards. The editing was perfect. We have those photos framed and on our living room wall. We never showed them to the consulate, but they were a lot more fun that the wedding photo book would have been.
JimVaPhuongMaleVietnam2012-03-20 22:10:00
K-1 Fiance(e) Visa Process & ProceduresHow do I find out when the consulate recieves papers from NVC?
Glad you found it! :thumbs:

NVC sent you a letter? Should I be expecting a letter from NVC and what would it be about?


Yeah, I got a letter from NVC stating that they'd received my petition and were forwarding it to the consulate. Also had the HCM case number on it. That was 3 years ago, but I presume they still send those letters. I didn't wait for the letter, and just called NVC about a week or so after the status was updated on the USCIS site. I was a little surprised when the letter came and the date on the letter indicating when they sent the petition the consulate was different from the date the NVC operator told me over the phone.
JimVaPhuongMaleVietnam2012-03-20 21:29:00
K-1 Fiance(e) Visa Process & ProceduresHow do I find out when the consulate recieves papers from NVC?

Thank you for taking the time to reply. The reason I ask is because I have checked other members time line and noticed that they have a consulate receive date. I have no intentions of sending packet 3 ahead of time. I have a legal advisor to help take care of all that when is time. I honestly like the feeling of knowing that my paperwork is still moving and keep up with my timeline. I see that usually takes about a week for them to receive it and another week to send packet 3. I am also very curious how others got their consulate receive dates.


I presume some of them used the DHL tracking trick, and others simply contacted the consulate. I never knew exactly when the consulate received my petition. I just presumed it was within a couple of weeks after NVC said they sent it. I know that diplomatic pouches are not sent every day. I also know that NVC doesn't always send it on the exact date they say they sent it. The date I got from the lady on the phone at NVC wasn't the same date that was on the letter the NVC sent me.
JimVaPhuongMaleVietnam2012-03-19 23:16:00
K-1 Fiance(e) Visa Process & ProceduresHow do I find out when the consulate recieves papers from NVC?

NVC told me they already sent my paperwork to the US consulate in Ho Chi Minh City, Vietnam on the 13 of March. I called the US consulate in Ho Chi Minh City today but I was told to write them an email in order to get that information because they couldn't do it over the phone? I will send the email but is there any faster way? Shouldn't NVC be able to provide me this information?


Diplomatic pouches are apparently sent via DHL. I remember some time ago somebody had posted a way you could check the DHL shipments for that time period and determine if a shipment had been sent and received by the consulate, but I don't remember exactly how it was done. I doubt the chimp on the phone at NVC would know how to figure out anything beyond the computer screen he or she is looking at.

Is there a particular reason you need to find out if the consulate has received your petition? Are you planning on sending your packet 3 response before they send out packet 3? If so then you need to know more than just that the petition has arrived. It needs to be processed into their system. If they receive a packet 3 response and the case number doesn't come up on their computer then they'll reject it.
JimVaPhuongMaleVietnam2012-03-19 22:59:00
K-1 Fiance(e) Visa Process & ProceduresAny News About December 15 , 2011

Hi!
anyone know when the petition filed in December 15 , 2011 will process? I have another question my fiancee is living and working with me in UAE last 5 months and when we will go for interview she will get employment latter from UAE employer or her old USA employer? She can fill affidavit of support or we need cosponsor? Her salary is more than poverty level in UAE.


Look here to get an idea what the current processing times are, based on VJ member timelines:

http://www.visajourn...eline/stats.php

Your fiancee's affidavit of support probably won't be sufficient based on her employment in the UAE unless that job will continue when she returns to the US. She'll probably need a joint sponsor. Her previous employer is not relevant. It's her current employer they'll want to know about, and they won't consider a job that's going to end when she returns to the US, which she'll have to do when you get the K1 visa.

Poverty level in UAE isn't relevant. You're not going to be living in the UAE after you get the visa. Poverty guidelines in the US are relevant, and USCIS publishes the I-864P for current guidelines:

http://www.uscis.gov/i-864p
JimVaPhuongMaleVietnam2012-03-20 23:20:00
K-1 Fiance(e) Visa Process & ProceduresPoverty Guidelines
Income earned while the sponsor is living abroad will likely not be considered unless it will continue from the same source after the sponsor returns to the US, and the sponsor MUST be domiciled in the US in order to qualify as a sponsor. Besides, a K1 petitioner can't marry the beneficiary unless they are in the US.

Remember that the reason they're screening the petitioner's income at the K1 interview is to determine if they'll be qualified to sponsor the beneficiary for adjustment of status. That's why most consulates use the I-864 rules when screening K1 petitioners, and not the more general 100% rule that Department of State posts on their website. Both the Foreign Affairs Manual and Adjudicators Field Manual have similar guidance when evaluating an affidavit of support. They want to see evidence that the sponsor's income will be sufficient in the year that they submit the affidavit of support, and for the "foreseeable future". Both the FAM and AFM use the phrase "foreseeable future". Given that a sponsor must be domiciled in the US, they wouldn't presume that foreign earned income would continue for the "foreseeable future" unless the sponsor can convince them that's the case. If the sponsor has to quit their foreign job to return to the US then that pretty much disqualifies the foreign earned income from consideration.

They impose the same requirements on the beneficiary's income and for the same reason. Income that will cease when the beneficiary immigrates to the US doesn't serve the purpose of providing a guarantee that the beneficiary won't become a public charge. Anyway, the I-134 doesn't provide a way for the beneficiary's income to be included, and I've only heard of a couple of consulates that will even consider a beneficiary's financial situation (London, for example), and those consulates apparently consider assets of the beneficiary and not income.

Edited by JimVaPhuong, 21 March 2012 - 09:59 PM.

JimVaPhuongMaleVietnam2012-03-21 21:58:00
K-1 Fiance(e) Visa Process & ProceduresPoverty Guidelines

I'm writing to find out if only slightly exceeding (by about 8k per year) the poverty guidelines is anything to worry about for a denial of a K-1 visa? I made only about 8k more than the 125% guidelines for a household of 2 from my job last year, but I have a certified deposit record from one of my banks showing about 20k more, and I have other assets valued at about 10k.

Should I worry about anything there?

Also, I know that the affidavit of support documents aren't really needed unless the embassy requires them at the interview; I have already collected and sent these documents, because of the time required to do so.

I only ask b/c my fiancee told me that she heard of one woman getting denied b/c her fiance only make about 24k. However, she didn't know whether or not either of them had children...


If you clear the minimum by 8K then you've cleared it by a comfortable margin. Don't worry about it.
JimVaPhuongMaleVietnam2012-03-19 23:18:00
K-1 Fiance(e) Visa Process & ProceduresI-129F Question 10: My citizenship was acquired through?

I saw those forms, but i also saw that you are not supposd to leave anything blank, either N/A or None??


You're not supposed to leave any question unanswered. If you check "Birth in the U.S." then you've answered question 10. Leave the rest of the boxes in question 10 blank.
JimVaPhuongMaleVietnam2012-03-22 09:08:00
K-1 Fiance(e) Visa Process & ProceduresK-1 fees and cost

Thank you for taking the time to post this information. I spoke with my lawyer today and he said that the Visa fee is about $150 and medical a little over $120. Either way the total is going to be around $300. uff.


Your lawyer hasn't kept current with the fees.
JimVaPhuongMaleVietnam2012-03-22 09:16:00
K-1 Fiance(e) Visa Process & ProceduresK-1 fees and cost

My K-1 was approved and received by the consulate yesterday. I am trying to find out if the Government is going to ask me to pay more money in addition to what I have already paid for the initial I-129F application fee. Are there any more fees to pay ahead before she gets her visa approval?

Please advice


You mean your petition was approved. The K1 is still in limbo until after the consulate interview.

First, you should download the forms and instruction packets from the consulate's website here:

http://hochiminh.usc...ms/package.html

The one they call "Instruction package for K1" is the packet 3 notice they'll send. The one they call "Appointment package for K1" is the packet 4 notice they send with the interview appointment letter.

You'll have to pay the visa fee. It's $350, and has to be paid in US currency at Citibank in district 1, Ho Chi Minh City. They'll give you a receipt for this fee. You have to bring the receipt to the interview at the consulate.

You also have to pay for a medical exam. Your fiancee can go either to Cho Ray hospital or the IOM clinic. The medical fee is $110, though it may cost more if your fiancee needs vaccinations. Cho Ray accepts US or VN currency. IOM accepts only US currency. Make an appointment well in advance, if possible. It takes a couple of days to get the results, so make sure you get an appointment at least a few days before the interview. Butt dragging at Cho Ray is common, but can sometimes be overcome with "coffee money". I don't know if the same is true at IOM.

If she's approved for the K1 at the interview it will still take a week or two before they issue the visa. They keep her passport, and when the visa is read they affix it to a page in her passport. I don't know if there's a fee for delivering her passport containing the visa. My wife went to the consulate and picked up the passports when they were ready.

Don't forget the biggie - plane ticket to the US! :thumbs:

After she arrives and you get married then you can start working on the adjustment of status package so she can get a green card. That's going to set you back $1070. Add a little more if you need to go to a civil surgeon to have her vaccinations transcribed to an I-693. Read the guides about this step, and visit the AOS forum when you're at that stage.
JimVaPhuongMaleVietnam2012-03-20 21:44:00
K-1 Fiance(e) Visa Process & ProceduresNew Case With Many Questions
Generally, an applicant needs resident status in the country where they are interviewed. If she doesn't have resident status in Canada then she'll probably have to return to Thailand for the K1 interview.

The following is from the website of the US Embassy in Ottawa:

With rare exceptions, visa applicants temporarily visiting Canada should apply at the U.S. Consular Section in their country of residence. If the applicant is not a resident of Canada, interviewing officers at the U.S. Consular Sections in Canada may not have experience in evaluating the circumstances in the applicant's country of residence. The applicant will, therefore, have greater difficulty establishing eligibility for a U.S. visa in Canada than would be experienced in the applicant's home country.

A substantial percentage of visitors to Canada are denied visas under these circumstances. Consequently, we strongly urge visitors to Canada to apply for U.S. visas in their country of residence.


http://canada.usemba...to-canada2.html
JimVaPhuongMaleVietnam2012-03-23 01:33:00
K-1 Fiance(e) Visa Process & ProceduresMystery or coincidence??
I tend to hold to the dictionary definition of miracle, and not the more loosely applied Christian version. A miracle is "an event that appears inexplicable by the laws of nature". There's nothing inexplicable about a petition being approved. Tens of thousands of them are approved every year. What's more, when and whether a petition is approved is entirely in the hands of men (and women). The laws of nature don't apply.

Now, many Christians like to see miracles in the most mundane of daily events, such as the apparent face of Jesus on a piece of toast. Yet they are a tad more critical when a skeptic produces an equally amazing piece of toast bearing the likeness of Elvis Presley.

I don't think this is any sort of miracle, but if it reaffirms your faith then feel free to embrace it. Congratulations! :thumbs:

BTW, USCIS does report to Congress. They are required by law to send reports to Congress every year on a variety of subjects. They don't, however, answer to Congress. They are part of the Department of Homeland Security, which is a cabinet level agency of the Executive Branch of the federal government. This means that, ultimately, they answer to the President.
JimVaPhuongMaleVietnam2012-03-23 01:48:00
K-1 Fiance(e) Visa Process & ProceduresFinancials

All that being said.
(2010) I made about 1,000 less the 125% of the poverty line
(2011) I made roughly 140% the poverty line for a household of 2
(2012) (The most recent tax information I will have for the interview) will be roughly 140% of poverty line.

I also have 3 family members that make nearly $60,000 USD (2 person household) a year that live within 5 minutes of me, that are willing to submit affidavits of support.

Is there any reason to worry about my financials? I am planning on presenting my tax transcripts, letter from my employer, 6 months of pay stubs, records of my life insurance (300,000), along with the 3 affidavits of support to the consulate. Everyone I have spoken to said that because my income shows a positive increase, and I am a bit younger this is common, and shouldn't present a problem That being said I must make 125% of the poverty line to clear petition requirements, and anything extra is discretionary to the consulate to convince him that my fiance will not


Unless there are issues with your fiancee then you should be fine at 140%. Issues that might affect this include if she has chronic medical issues that will need ongoing treatment, or if she's got a physical or mental impairment that will make her unemployable. If she's more or less average then meeting the minimum requirements is usually enough.

You don't need to include your life insurance. You don't need it to meet the minimum requirements, and unless it's a whole life policy it probably wouldn't be acceptable as an asset anyway. Only life insurance with a cash-out value can be accepted as an asset, and it's unlikely a young person would have a whole life policy with a cash-out value of $300K. I'm guessing that $300K is the death benefit and not the cash-out value.

Also, why are you sending 3 affidavits of support?
JimVaPhuongMaleVietnam2012-03-22 09:27:00
K-1 Fiance(e) Visa Process & ProceduresIm scared! no taxes from 2011, only a W2

If he is president of a bank, then.... I'd think this issue of proof of income should not even be a problem.
What's going on, here?

Why is there even an issue with proving the income here?
What's REALLY going on?

He's president of a bank, and only makes $56K/year?
Something's fishy.


Hmmm. Out of work in 2010. President of a Latin American bank in 2011. Talk about a promotion!

And only $56K of income? No stock options? No bonuses? Must be a really really small bank! I'd hate to see what they pay tellers! :blink:
JimVaPhuongMaleVietnam2012-03-25 00:47:00
K-1 Fiance(e) Visa Process & ProceduresCan You Delay Your K-1 Process? Should You If You Need To?

Then YOU DECIDE THE TIMELINE you send the forms to the embassy.


Not exactly. The petition expires four months after it's approved. The Foreign Affairs Manual gives consular officers guidance in how to handle this. When they send the packet three forms and instructions to the beneficiary they'll usually wait until the petition expires before trying to contact them again. If the beneficiary doesn't respond by the petition expiration date then they'll extend the validity of the petition for four months, and try to contact the beneficiary again. If the beneficiary still doesn't respond then they can either send the petition back to USCIS as abandoned, or extend it again and try to get a response from the beneficiary. The petition can be extended only up to one year from the date it was originally approved. After that they must presume it's been abandoned.

If anyone intends to use this method then don't simply hold on to the packet 3 forms until you're ready to file. Contact the consulate and let them know that you're still collecting the documents you need, and that you still intend to apply for the visa, and ask that they extend the validity of the petition. Stay in contact with the consulate until you're ready to respond to packet 3. As long as they get some sort of communication from the beneficiary then they shouldn't assume that the petition has been abandoned. The one year limit still applies.
JimVaPhuongMaleVietnam2012-03-25 20:18:00
K-1 Fiance(e) Visa Process & ProceduresAfter NOA2 (baby involved)

What are the modes of acquiring citizenship?

There are two (2) generally recognized modes of acquiring Philippine citizenship, namely:

1) by birth; and

1) Jus soli (right of soil) which is the legal principle that a person's nationality at birth is determined by the place of birth (ie, the territory of a given state).

2) Jus sanguinis (right of blood) which is the legal principle that, at birth, an individual acquires the nationality of his/her natural parent/s. The Philippines adheres to this principle.

2) by naturalization which is the judicial act of adopting a foreigner and clothing him with the privileges of a native-born citizen. It implies the renunciation of a former nationality and the fact of entrance into a similar relation towards a new body politic. (2 Am.Jur.561, par.188)


First, you're responding to a thread that hasn't received a new post since last June. The OP hasn't even logged on to this forum since January.

Second, The question you replied to was specifically about whether a child born abroad is a US citizen if one of the child's parents is a US citizen. You responded by quoting Philippine citizenship law. It's a foregone conclusion that the child will also be a citizen of the Philippines since the mother is Filipino, and the child is going to be born in the Philippines. I don't think the person who asked the question ever had any doubt the child would be citizen of the Philippines. They wanted to know if the child would also be a citizen of the United States. The answer is yes, the child will be a citizen of the US (as well as the Philippines), but it's eligibility to acquire US citizenship at birth will have to be established by filing a Consular Report of Birth Abroad.
JimVaPhuongMaleVietnam2012-03-27 01:33:00
K-1 Fiance(e) Visa Process & ProceduresI134 - Need Help Urgently

It is either / or, they simply request as most do not have a $100,000 bank account, pension, or job offer at this stage. (but some do)

http://travel.state....pes_2994.html#8


Proof of Financial Support and Affidavit of Support Forms
During the visa interview, applicants will be required to present evidence to the Consular Officer that they will not become a public charge in the U.S. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).

The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.



In regards to business credit report, only suggesting if they can't obtain this, better do those tax returns.. a self employed filing extenstion on taxes is not very impressive.


It's not "either / or". The consular officer has wide latitude with a K visa. If this were a family based immigrant visa then an affidavit of support from the petitioner would be absolutely mandatory. The beneficiary would be able to contribute assets to the petitioner's affidavit of support, and they'd be able to contribute income if that income will continue from the same source after immigrating. Things are not so black and white with a K visa. The general guidance on the Department of State website is just that - general guidance. There is no statutory requirement for an affidavit of support for a K visa, and there is very little guidance in the Foreign Affairs Manual about it. Without a firm policy in place, Department of State cannot give blanket instructions that will apply to every consulate.

That said, there are only a few consulates that I'm aware of that will issue a K visa without an I-134 from the petitioner. Those that require the I-134 will almost always require a copy of the most recent tax return or transcript. You don't get these instructions from the Department of State website - you get them directly from the consulate where the interview will take place. Many consulates post their packet 3 and 4 instructions on their websites as downloadable PDF files. The consulates that will permit a K visa beneficiary to self-sponsor, like London for example, will usually tell you so and provide instructions on how to qualify. The consulates that will not, which is the majority of them, will say in their packet 4 instructions that the petitioner must submit an I-134, and they'll list the evidence they require to be submitted with the form. You give the consulate what they require or they'll deny the visa. It's really that simple. The "public charge" determination is entirely at the discretion of the consular officer with a K visa.

FWIW, the DoS website says "The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e)". Most consulates make that request before the interview in the packet 4 instructions, and they list it as a requirement.
JimVaPhuongMaleVietnam2012-03-24 11:45:00
K-1 Fiance(e) Visa Process & ProceduresI134 - Need Help Urgently

The I-134 is needed if the applicant cannot show they can support themselves (which seems to be usually the case). The US citizen offers support in the form of i-134 and must be able to support household size (2+). At adjustment of status you co-apply for 864 as married couple.

The 134 requires tax return, letter from employer, letter from bank, pay stubs, bank statements, W2's. All are not needed, but the more the better, examples may be provided by consulate or seen in 134 instructions.

if self employed, 134 requires tax return or business credit report.


Actually, it's up to the consulate. Most require the petitioner to submit an I-134, even if the beneficiary has loads of money and is more than capable of supporting themselves. Most consulates also require the most recent tax return or transcript from the petitioner, whether they're a regular employee or self-employed.

I realize the I-134 lists, as an option, a "report of commercial rating concern". This is a somewhat archaic reference to a Dunn & Bradstreet business rating report. Very few self-employed people would be able to get one. You have to register with D&B and provide them with extensive financial information about your company, especially it's credit accounts. They investigate the company and assign a credit risk rating based on your financials. This would be somewhat common practice for a large business that's regularly involved in obtaining credit from or extending credit to other businesses, or makes use of venture capital. Most self-employed people are either contractors or DBA's where the business consists solely of one person, and that person's personal credit is inseparable from the business' credit.

Anyway, the I-134 is an old INS form, and the consulate isn't bound by the instructions USCIS distributes with the form. The consulate will usually specify what evidence they require with the I-134. It's best to follow the consulate's instructions.
JimVaPhuongMaleVietnam2012-03-24 01:39:00
K-1 Fiance(e) Visa Process & ProceduresI think I have a legal case here

My question is, can they legally do that to a beneficiary? I've never heard of it. I understand that they review the case during the interview, make the decision then, and that's it. The whole thing strikes me as a sneaky manuever that should not be legal in a deveoped country with strong institutions like the United States. I'd appreciate any advice, ideas, etc., and please don't take my joking too seriously :)

D-man


Yes, that's standard procedure when they deny a K1 or spousal visa. They'd go further if they had the authority to. For example, if they could revoke the approval of the petition then they'd do it. Fortunately for you, the consulate doesn't have the authority to revoke the approval of the petition. Only USCIS has that authority. Unfortunately for you, that's exactly what the consular officer has recommended that USCIS do.

Since your petition was originally approved at the VSC then that's where it will eventually be returned to. VSC usually readjudicates returned petitions. If they agree with the CO's accusations then they'll be sending you a NOID. If they disagree then they'll reaffirm the petition approval and it will be sent back to the consulate for another interview.

If you get a NOID then you must respond with all the evidence you've got. The CO has essentially accused your fiancee of fraud. If they revoke the approval of the petition then that accusation will become a fact. Your fiancee will become inadmissible for visa fraud, and you'll need an I-601 waiver approved before she'll ever get a visa.

I agree with S.o.B. You should consult with Marc Ellis. I doubt there's another immigration lawyer in the world who has been down this path with the consulate in HCMC as many times as Marc. He spends a good portion of his time in Saigon.

http://www.marcellis...om/contact.html
JimVaPhuongMaleVietnam2012-03-31 02:26:00
K-1 Fiance(e) Visa Process & ProceduresI 29-F & G 325a

Thanks for the replies !! No problems with the legible Handwriting A & B .....I have excellent handwriting skills ! Good Luck to all of us ..........Terry PS . Ya know ...I am hoping that this Visa is fast because my 2 year visit is up on November 30 .....what do ya think ....will I make it ?


As long as you get the petition submitted and accepted by USCIS before it's been more than two years since your last face-to-face meeting then you'll be fine. It's not required that the visa be issued before the two year window has expired.
JimVaPhuongMaleVietnam2012-04-01 20:34:00
K-1 Fiance(e) Visa Process & ProceduresInternational (3rd country) travel and visa application

My boyfriend (Canada) and I (US) have decided to get married, and we're trying to decide whether we should apply for a K1 and get married here, or to get married in Canada and then apply for the K3 or IR1/CR1. A big obstacle at this point in figuring it out is that he will have to travel to Peru for several months, beginning at the end of July, for his studies (graduate student). If we begin either process and then he happens to be in Peru when they want to do the interview in Canada, what would happen to our application? Would they be able to interview him at the Canadian Embassy in Lima? Also, he would need to be able to enter the US this fall for a professional conference, and we don't want him to be denied because of a pending visa application. We're just starting out, and I've read as much as I can, but already overwhelmed by all the options. Any help you folks can give would be greatly appreciated!


When you go through the immigration process you are at the mercy of the US government, and have to be flexible enough to work with their timetable. Your fiance isn't ready to immigrate yet. Wait until he's ready and can be flexible with his schedule, and then file the petition. Whether you marry first or decide to go for a fiance visa is up to you.
JimVaPhuongMaleVietnam2012-04-01 20:42:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about Visa's and marriage
Is it possible? Yes. Many people have done it successfully.

Is it legal? No. Entering as a non-immigrant with the intention of becoming an immigrant before you leave, called "preconceived intent", is not legal. There are only a few non-immigrant visas that specifically allow you to have the intention of becoming an immigrant at the time you enter the US. The K1 visa is an example. The WHTI, used by Canadians to visit the US without a visa, is not. If CBP determines at the time you enter that you probably have an intention of becoming an immigrant then they will usually deny you entry. If they admit you, and it's later determined that you lied to CBP about your intent when you entered, then you could be barred from the US for life.

Some people do this, knowing it's not legal, because they also know that the risk of getting caught is relatively small. The consequences if you take the risk and lose can be huge. The risk vanishes if you take the time and obtain the proper visa first.
JimVaPhuongMaleVietnam2012-04-01 20:55:00
K-1 Fiance(e) Visa Process & ProceduresAnother noobie with simple questions.
Every page of your passport, including the blank pages and the covers. This proves (or at least makes it highly likely) that you have the actual passport in your hands, and didn't just download a few scanned pages from the internet.

Paper clips or spring clips are fine. You don't have to go out of your way to package the petition documents. They're going to disassemble whatever you do and put everything in their own binder anyway. Be careful of small loose documents like photos. Passport style photos can be placed in a small ziploc bag and taped or stapled to a full size sheet of paper (be sure not to tape down the ziploc end of the bag so that they can open it). Larger photos can either be printed on full size pages (multiple photos to a page, if you like), or printed on photo paper and attached to full size sheets, or inserted into ziploc bags which are taped to full size sheets. The idea is to use full size 8.5 x 11 sheets for everything, if at all possible. It makes it easier for them to bind everything into their folder, and reduces the chances of something getting lost.

The VJ guides say to use ACCO fasteners (the kind where you punch two holes at the top of the page). This was accurate information when K1 petitions were sent directly to the regional service center where they are going to be adjudicated. I'm not sure it's accurate anymore since petitions are now sent to the Texas lockbox. I don't know what the recommendations are for the Texas lockbox, but the Chicago lockbox does NOT want you using ACCO fasteners. I think heavy duty spring clips are a safe bet.

BTW, contact your state board of vital statistics and get a new certified copy of your birth certificate. Get a few copies, in fact. Keep them in a fire safe. You never know when you'll need an original.
JimVaPhuongMaleVietnam2012-04-01 21:11:00
K-1 Fiance(e) Visa Process & ProceduresI-129f Filed, But Considering Getting Married Now
It is definitely less expensive to do the CR1 and in my observation, the CR1 is MUCH better in terms of the stress level once they get here. Too bad ya'll did not have this discussion last week before you sent the fiance petition :bonk: Could you stop payment on the check?
JAPrincessFemaleJamaica2012-03-12 16:36:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Visa Interview questions in Kingston, JA !!
Examples of questions they may ask!

Who is filing for you?
How long have you known her for?
How long have you been married?
Where did you meet?
Why did you all get married?
How many people were at the wedding? (HE MAY ask for wedding albums of pics)
Where does she live?
When did she last leave Jamaica?
How long have you be together?
What Type of work does she do?
Where does she work?
How often do you see her? (HE WAS SPECIFIC IN ASKING THE DATES)
Have you ever been to the states?
What is her address in the states?
Does she have any children? If you have kids together make sure to mention that.
Do you have the child's Birth certificate? (Give him the BC and his US passport)
How do we communicate with each other?
You may be asked what other documents you have brought with you as proof. Be prepared with a lot of evidence.
How did you meet?
How did the relationship progress after that?
Where did you stay the first time your wife visited you?
How long does she usually stays?
Where did she stay the first time she came to JA?
Where did you get married? Who was at the wedding?
How many persons were at the wedding?
Did anyone from her side of the family fly down from the US to attend?
Does she send you money? How much? How often?
Have you ever lived outside Jamaica?
Have you ever been arrested?
Where does she live?
Where was she born?
What's your spouse's full name?
Has she used any other names?
How many times you all have you met?
When was the last time you were together?
How long have you known each other?
How long were you together the last time?
How long were you together any other time(s)?
What are the dates of the visits?
Where does s/he live? Which city and state?
What is him/his/her phone number? Give as many as he knows
How long did you know your wife before you were married?
Do you know how long she has had this job?
Where will you live?
Have you met his/her family?
Where do his/her parents live?
How do you communicate with your spouse?
How do you keep in touch?
How many times do you two talk on the phone each month?
Why did you want to marry him/her?
Do you want children?
What do your parents think about your marriage?
Do you love him/her?
What do you love about him/her?
Does she own or rent his/her home?
Write his/her full name.
How do you spell her maiden name?
Do you have any relatives/friends in the US?
What are your spouse's parents' names?
Does your spouse have any brothers or sisters? What are their names?
What are your spouse's hobbies and interests?
What are your hobbies and interests?
What do you have in common?
Do you know if your spouse was married before? How many times?
When did she divorce his/her ex-spouse/husband?
Does she have any children?
What are their names and Ages?
Were you married before?
What is your spouse's religious background?
Does your spouse speak and understand all languages you speak?
Why do you want to come to the United States?
Do you have children?
Where and when were you engaged?
What do you do for a living?
Where do you work?
Do you plan to work in the US?
What do you plan to do once you are in the US?
Do you plan to study in the US?
What is his/her favorite food?
What color are your spouse's eyes?
What color is your spouse's hair?
Did you prepare the forms yourself?
Please tell our more about your spouse.
Do you plan to stay in the U.S. forever?
What is your spouse’s date of Birth?



thanks to those who have gone before! (F)
JAPrincessFemaleJamaica2012-03-03 15:16:00
K-1 Fiance(e) Visa Process & ProceduresQuestions about I-129F, Petition for Alien Fiancé(e)

There's so many guides and websites that makes me just get confused and lost. Apparently you need passport style photos for this form too? From both people? Whaaaa??? And copies of BOTH our birth certificates and other documents? That means I gotta somehow scan them on my computer and send it to my fiance? Holy moly.

I have like ten different websites open and every link I read up on makes me even more lost and confused. I don't know what to do :(

Hi,

Welcome to Visa Journey! I know this all seems overwhelming, at first. Like you, I had gone to numerous, only to get more and more and more confused. Then I found this one and they break it down to you step by step. I had no clue as to how to begin! I was sure I needed an attorney but my fiance convinced me that we could do it alone.

First thing I did when I came here is read the forums re: K-1 visas and a lot of the questions I had were answered and when I couldn't find a particular answer I posted the question and these folks were swift with the quickness with reliable answers AND support! I read the guidelines and flowchart, gathered the documents needed and when I couldn't stand it anymore and drew on my courage and faith, I sent the packet off, knowing I may done something wrong or forgotten something but I was sure getting an RFE would be further guidance...and it was(although it postponed decision by 2 weeks :bonk: ). We got approved in 33 days and that's WITH an RFE! :dance: We didn't get it expedited, neither of us in military...we just followed the guides and advice here.

Our case is atypical, but I bet every dollar I have that if not for Visa Journey and its wonderful members we would not be anywhere near where we are today!

If you can...clear your mind of the gobbily ###### you read elsewhere...take a couple of days to read over the guides here...post questions you will undoubtedly have...then get started on your journey confident that you will soon be with your fiance.

Good luck, God bless and stay positive!
mad1nolaFemaleDominican Republic2012-03-08 13:18:00
K-1 Fiance(e) Visa Process & ProceduresRelationship Evidence for Interview
First, let me say good luck in your interview! Second, thanks for the add! Third, it looks like we are in the same boat as far as evidence of ongoing relationship. We have pics, msn chats(over 300 page in 2.5yr), Phone bills from cell showing calls/text over 2.5 yrs, skype call logs over last year, engagement ring/wedding band and receipt, and receipt for when I got there and rings had to be resized(I put on a couple of pounds), airline tickets, photos of gifts he sent and those I took home from each trip, we didn't and still don't email alot. I have couple of videos of us together during my visits. But I think it will be enough as what we will have. I will bring every shred of evidence I can carry on a plane. So it sounds like you are all set. Be sure to have pics of the baby!!! And of course, the baby's birth certificate would have you as parent. I'm sure other VJ members will give you(and I) some more ideas.

Good luck!
mad1nolaFemaleDominican Republic2012-03-17 06:29:00
K-1 Fiance(e) Visa Process & ProceduresUNABLE TO PRINT DS-156
Thanks, guys! Finally got it to print thru explorer just took a long time to load. :thumbs: :dance:
mad1nolaFemaleDominican Republic2012-03-20 15:20:00
K-1 Fiance(e) Visa Process & ProceduresUNABLE TO PRINT DS-156
Hi VJ members
I have filled the form DS-156 but cannot get it to print. It keeps going to a loading page error. I tried mozilla and explorer and neither will allow me to print the form. What am I doing wrong? :bonk: :(
mad1nolaFemaleDominican Republic2012-03-20 01:23:00
K-1 Fiance(e) Visa Process & ProceduresFinally NOA2 Approved

That's all - After a long grueling week with my job on the line, I received an e-mail at about 5:00p.m. :))))



Congrats! :thumbs: :dance:

me 2

Congrats to you as well! :dance:
mad1nolaFemaleDominican Republic2012-03-19 14:12:00
K-1 Fiance(e) Visa Process & ProceduresI-129F

I sent my packet for my fiance off Monday. I live in Louisiana so I sent it to the Texas Service Center. He lives in the Dominican Republic. I know that he loves me but reading some of posts scare me and I am starting to second guess starting this process. Are there any success stories with true love and what should I expect?



Hi,

There are thousands of success stories with true love and there are some horror stories as well. We tend to let the horror stories overshadow the success stories. What you have to do is search your heart and listen to the voice inside of you. You know what you want and how you want to be treated. If you have questions or doubts voice them to your fiance. Listen to his responses and then use your MIND to determine if this is something you want or need. Saying that, all relationship involve risks. Even if he were right there in your town doesn't guarantee he won't hurt you. Just don't let your love for him blind you of any red flags.

Good luck!
mad1nolaFemaleDominican Republic2012-03-23 16:33:00
K-1 Fiance(e) Visa Process & ProceduresNVC Letter but no NoA2???

So, here I am thinking that my fiancee' Teeway and I are smoothly progressing on our K1 Visa experience. This month we received the letter from the NVC stating that our application was accepted and moving on to the Manila Embassy. That letter was dated March 7th. It took a while for us to realize it, but shouldn't the NVC letter have arrived weeks AFTER the NoA2?

The reason I ask is because we have never received the NoA2. Judging from the NVC letter's date, the NoA2 date is probably mid-February. But the USCIS website still lists the application as untouched since November, and my mailbox has been empty. At what point should I contact the USCIS to ask where my NoA2 is? If they mailed it to me and it was lost along the way, can I simply request that it be re-sent? It felt so good to be moving along the process, but this has the two of us a little concerned.

Congratulations!

Don't worry, the NOA2 is on the way. We were approved on 2/29/12 and got NVC notice about a week and half later but no NOA2. NOA2 just arrived this week! In fact, packet 4 had already been mailed on March 13 to my fiance but takes about a month to receive. Your letter is on the way, just takes a little longer than the other.

Good luck with the rest of your journey.

Edited by mad1nola, 23 March 2012 - 03:16 PM.

mad1nolaFemaleDominican Republic2012-03-23 15:13:00
K-1 Fiance(e) Visa Process & ProceduresAttorney or Website Help - What do you suggest?
Hi from Brazil Marie!

Well, like Lynn&Arturo my fiance hired one "expensive" lawyer in California and we had a bad experience!
SHE made many mistakes on our forms and worse - believe or not: SHE spent almost one month to fill some
forms! To be exactly just the form to fill the process!
After finding this site, I figured out I had much more information than her! And SHE said she's been working with K1 more than 12 years...
I asked my fiance quit her :bonk: , and WE made together in one week what the Lawyer spent almost one month preparing it...

So, being honest we wasted time and money hiring a Lawyer... WE felt like a :jest:

If you follow all the steps posted here on this site, you'll be able to fill your process without any problem.

One friend gave me a tip to get a kind of "kit" with step by step, you can buy it for U$ 50,00, check it the link, we got this kit:

http://www.k1-marriage-visas.com/
:thumbs:
Be sure you'll have all help here on this site, people here have good heart! Really!

Good luck and good vibes from Brazil! :star:
DinhaFemaleBrazil2006-07-20 08:10:00
K-1 Fiance(e) Visa Process & ProceduresI-134

Do you have income that isn't taxable? Or you just don't work?



I don't work, but I will have a job in the near future.

Edited by FromCali, 08 March 2012 - 01:50 PM.

Jason & MashaMaleRussia2012-03-08 13:50:00
K-1 Fiance(e) Visa Process & ProceduresI-134
I don't have an income because I was a student and now I'm looking for a Job. (I have money of my own and supporting her financially is not a problem for me) I have read on the the US Consulate website that if I don't make %125 of the poverty line that I can have a co-sponsor. Maybe I should phrased my question differently. Even if I don't make an income, will I need to show a tax return that says I didn't make any money? Thank you!
Jason & MashaMaleRussia2012-03-08 11:30:00