ForumTitleContentMemberSexCountryDate/Time
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
K-1 Fiance(e) Visa Process & ProceduresI-134
Hello,

I have a question about the I-134 form. I don't work therefore I don't file taxes and I can't show a tax return. I have no problem getting a co-sponsor (more than 1 if needed). So my questions is, if I can't provide a tax return but have an appropriate co-sponsor, will I encounter any probings in bringing my loved one to the United States?

Thank you!! All help is greatly appreciated!!
Jason & MashaMaleRussia2012-03-07 23:00:00
K-1 Fiance(e) Visa Process & ProceduresI-134 Question

Regardless of the consulate, petitioners must demonstrate an income at least 125% of the Poverty guidelines. As part of your I-864 package, you'll explain why you were not required to file tax returns.


Thank you for replying Leatherneck. So my reason for not filing taxes was because I was a student. Is that a valid reason?
Jason & MashaMaleRussia2012-03-19 00:20:00
K-1 Fiance(e) Visa Process & ProceduresI-134 Question
Hello to everyone,

A little background on my situation first: I meet my Russian girlfriend in July of 2011 on the internet. I visited her for a month in December 2011 and January 2012. Everything went great, now I want to bring her here (California) with K-1 visa.

My question is regarding the I-134 affidavit of support form. I make a little over $30,000 per year, however 2012 is my first year working (I was formerly a student and did not work), therefor I am unable to show a tax return for 2011 or any tax return for that matter. Now, I understand I can get a co-sponsor for this (I can get multiple co-sponsors if necessary). However, I read that for some countries where the fiance(e) lives (Russia in my case), I must prove to them that I can financially take care of them. I tried to go on the Russian Consulate's website to find out more information on this, but I was unsuccessful in doing so.

So my question is, does anybody know what the Russian requirements on this is? (I cannot show the Russian consulate a tax return, but I can provide them with co-sponsors, check stubs, and bank statements showing I currently have over $35,000)

Any help is greatly appreciated!!! Thank you!
Jason & MashaMaleRussia2012-03-18 02:29:00
K-1 Fiance(e) Visa Process & ProceduresI-129F and the G-325a questions
Hi everyone!

Me and my fiance were in the process of filling out the I-129F and the G-325a forms. I had a few questions I wasn't sure about though, and maybe I could get some help.

I wasn't sure what to write down for "additional names used'. My fiance's nickname is Lycan, and I've called him primarily that since I've known him so all the secondary evidence like emails, ect will have me calling him that name (I also use it in real life over his legal name). However, the nickname hasn't been used legally in any case so I'm not sure if I should bother to put it down or not.

My other question was, since he's Australian he came here on the Visa Waiver Program so there's no I-94 number, how should I fill question 12 out on the I-129? He's here with me now in America (we were going to file while he was here so we could wait out at least a little of the time together). Should I just scan his stamp on his passport and leave 12 blank? What's the best way to do this?

thank you so much for looking! :D
WhiteFoxFemaleAustralia2012-03-30 15:06:00
K-1 Fiance(e) Visa Process & ProceduresK-1Visa questions
Hello fellow VJs
I'm new to this this site and Im starting my Fiance Visa Journey. Im filling out the I-129F Form and have a
few questions.

1) Is it acceptable to use combination of typing and handwriting on the forms.My fiance children names
and addresses are to long for the space provided or is it best to type on a different sheet.
2) For the I-129F petition,do we need to translate my Fiance dutch Divorce Decrees into
english?

I would like to say Im glad I found this website and its been very helpful. I have learned alot form reading other VJ's postings.
Thank you :)
LATINA-DUTCHFemaleNetherlands2012-03-04 03:45:00
K-1 Fiance(e) Visa Process & ProceduresQuestion 18 on I-129F
Thank you all for responding to my posting and I have my letters of intent to Marry both signed and dated :)
LATINA-DUTCHFemaleNetherlands2012-03-06 14:21:00
K-1 Fiance(e) Visa Process & ProceduresQuestion 18 on I-129F
Hello all,
Ive been doing alot of researching and reading postings on how to answer question 18: met and seen in the past 2 yrs. I have conclude no need to write a love story just simple letter. Heres my statement I have come up with.
We first met on lne in Oct 2010.We have been in communication via emails, skype and phone calls. I went to the Netherlands to meet my Fiance in person on Aug 17,2011 returned back to the U.S.A on Aug 30,2011. I spent my entire visit with my fiance in the Netherlands.
Questions
1} Do I need to add we met on a online dating site and name the site?
2)Do I need to write we are in love when we got engaged or does that letter come later?
3) Do I need to write im sending other proof 2 pics of us together,passport stamp, train tickets, etc
Any other suggestions will greatley be appreaciated.
Thank You :D

Edited by LATINA-DUTCH, 06 March 2012 - 03:06 AM.

LATINA-DUTCHFemaleNetherlands2012-03-06 03:05:00
K-1 Fiance(e) Visa Process & ProceduresPoverty guidelines requirements

I want to know if i meet the poverty guidelines for my Fiances visa to be approved? I am filling out form I-134 part 7 . In part 7 I was wondering if i put the TOTAL income or ADJUSTED income part?

My income for 2010 is 12,711.00
Adjusted income is 17,728.00
Dependent 1 Child

My mothers income for 2010 is 18,922.00
adjusted income is the same.
Dependent 1 child

My brothers income2010 total income is 10,324.00
Adjusted income is 9,605.00
Dependent 0

If i use my brothers, my mother's and mine income of 2010 which totals me to a house hold of (5) $32,712.00 125% poverty line is asking. Do I make the requirements? My mother is my second sponor and my brother would be my third sponor for my fiance. 17,728.00+18,922.00+9605.00=$46,255.00 Adjusted Income tax was sum.

Now, if i just want to include my mother's income and mines which is a house hold of (4) 27,937 125% poverty line. Would i still make the poverty line? 17,728.00+18,922.00=$36,650. Adjusted Income tax was sum.

Also, I was told that if my income of 2010 was not sufficient I can use my Income for 2011 as longest i met these beautiful poverty guidelines. The income 2011 I would have to file without dependents and my mothers and mines would be enough.

What else can I do?


You cannot combine income with household members for the I-134, which is the affidavit of support you'll be submitting for the K1 visa. The form simply doesn't provide any way to do this, and no consulate I'm aware of will allow it. Either you, as the primary sponsor, must qualify on your own, or you need ONE joint sponsor who qualifies on their own.

Can you verify the income numbers you provided for yourself? How is your adjusted income substantially higher than your total income?

BTW, household size always includes the intending immigrant.

Edited by JimVaPhuong, 26 January 2012 - 01:07 AM.

JimVaPhuongMaleVietnam2012-01-26 01:07:00
K-1 Fiance(e) Visa Process & ProceduresPassport Picture Background Color

I saw that my check was cashed via the USCIS Dallas Lockbox. Therefore my package was rerouted from Vermont to Dallas


If your check was cashed then your petition was accepted. You got lucky. When they change filing locations they will usually automatically forward petitions for a few months, and then they start rejecting them and returning them to the petitioner.

The photo may not be an issue. The pictures my wife gave me were the wrong dimensions, and the background was light blue. USCIS accepted them.
JimVaPhuongMaleVietnam2012-02-11 10:47:00
K-1 Fiance(e) Visa Process & Procedurescan i file an other k2 visa?

if any one filled 2nd or 3rd k1 or k2 or know some one did, plz i want to here ur experience.


Carefully read the instructions for the I-129F form. Go to uscis.gov and click on the "Forms" link at the top of the page. Find the link for the I-129F and download both the form and it's instructions.

The IMBRA Act imposes multiple filing restrictions on K visa petitions. Anyone who has had an I-129F petition approved within the past two years, or has filed two or more I-129F petitions at any time in their life, needs to request a waiver of the multiple filing limitations. The waiver request must be made in writing, and must be included with the I-129F petition. There is no special form for the waiver request. Just provide the details of the previous petitions you've filed and what eventually happened in those cases (i.e., the petition was cancelled on the first, and the relationship ended before adjustment of status on the second), and ask that they grant a waiver of the IMBRA multiple filing limitations. It would not hurt to sign your request in front of a notary.

The majority of these waiver requests are granted. The only time USCIS would be compelled to deny the waiver request is if the petitioner has any criminal convictions that require disclosure under the IMBRA.
JimVaPhuongMaleVietnam2012-02-12 12:33:00
K-1 Fiance(e) Visa Process & ProceduresClairification for Waiver

I was reviewing instructions on the USIC website and saw this " If you have filed two or more K1 VIsa Petitions in the past or previously had K1 approved within two years you must file a waiver"

I think I am okay as I filed back in 2007 and our engagement later did not work out. I need some expert guidance for piece of mind. Of course I plan on submitting a detailed letter explaining the 2007-2008 K1.
Do I need to file a waiver?

THanks
Shawn


No. You'd need to request a waiver if you'd had one I-129F petition approved within two years prior to filing the current I-129F petition. It's been well over two years. If that was the only other I-129F petition you've ever filed then you don't need to ask for a waiver.
JimVaPhuongMaleVietnam2012-02-12 12:35:00
K-1 Fiance(e) Visa Process & ProceduresNeed co-sponsor or not ? Plz help !!

Yes, sure, the consulate can do what they like in any regards. ie, is it 100% for 2 months or 122% for 5 years? I would still trust the gov site before taking many of the comments here for gospel...

ie, quoted from site: http://travel.state....pes_2994.html#8

...

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?
No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.


Curiously enough, there are nothing in the Foreign Affairs Manual that instructs a consular officer to apply a different minimum income standard with an I-134 than they do with an I-864. In fact, about the only thing the Foreign Affairs Manual has to say is that the consular officer is not permitted to require an I-864 for certain classes of visas, including fiancee visas, and that the I-134 may be useful in these cases, and that the I-134 should not be accorded the same weight as an I-864 because it's not legally binding on the sponsor.

There is sufficient experience on this site to indicate that the information on the Department of State website is inaccurate, at least for most consulates. There have been many K1 beneficiaries who have been denied visas on the "public charge" requirement when the petitioner should have qualified at the 100% threshold, but did not qualify at the 125% threshold.

Here's an example:

http://hochiminh.usc...-visa/faqs.html

The US consulate in Ho Chi Minh City, Vietnam, quotes the exact same text that appears on the Department of State website, indicating that 100 percent of the poverty guidelines is required with the I-134. Yet, I personally KNOW at least two people who have been denied for the "public charge" requirement with income that was between 100% and 125%. I don't know anyone who was denied on the same basis when they had income above 125%.

When all else fails, there's always good 'ol common sense. Why would a consular officer give a beneficiary a K1 visa to go to the United States knowing that the petitioner will not be qualified to sponsor the beneficiary when it comes time to adjust status? The consular officer may have the discretion to cut the beneficiary some slack with the I-134, but USCIS will not have that same discretion with the I-864. It doesn't make much sense to send someone to the US knowing they won't be able to get a green card once they get here.
JimVaPhuongMaleVietnam2012-02-13 01:34:00
K-1 Fiance(e) Visa Process & ProceduresNeed co-sponsor or not ? Plz help !!

I make $11 an hour 40 hours a week, last year from August to December I made $9200. Would it be ok if I use my co-sponsor's tax return from 2010 ?


It depends on when the interview takes place. After the tax filing deadline they will presume that a tax return has been filed for the most recent tax year. The tax filing deadline this year is April 17th. This means that prior to April 17th they will want a return for the 2010 tax year, but will accept a return for the 2011 tax year if it's already been filed. After April 17th they will require a return for the 2011 tax year.

Your joint sponsor should also include proof that they are a US citizen or permanent resident.

Bear in mind that the consular officer has wide latitude when considering an I-134. They aren't required to accept a joint sponsor with a K visa application, and some consulates rarely accept them.

You might want to consider talking to a different lawyer. It sounds like the one you've hired doesn't have much experience with K1 visas. Nearly every US consulate in the world requires an affidavit of support with a K1 visa application, and the overwhelming majority of them use the I-134. There is specific guidance in the Foreign Affairs Manual about this. Your lawyer should have known this.
JimVaPhuongMaleVietnam2012-02-12 12:20:00
K-1 Fiance(e) Visa Process & ProceduresBIG MSTAKE!
If he knows what county the divorce was filed in then he can use google to determine if the county has an official website (most do). There should be instructions on the county's website for obtaining certified copies of the divorce decree from the court clerk's office (or whomever is the official custodian of those documents). You can send a photocopy of this document to USCIS.

I live in California. I had a prior divorce in Ohio. I found the website for the county where my ex-wife lived when we divorced, I followed their instructions, filled out their form, included a photocopy of my ID (per their instructions), and a check for the fee (was only $3 or something), and mailed it to them. I got the certified copy about two weeks later.
JimVaPhuongMaleVietnam2012-02-12 12:02:00
K-1 Fiance(e) Visa Process & ProceduresRefusal of Entry

I called Qantas too to ask what would happen with my ticket if I was denied entry. They said that the rules of my ticket would not allow last-minute date changes and I would be required to purchase a new one at the exorbitant last-minute price. That was their take on it, anyway. There seems to be a whole range of opinions as to who pays for a return flight after a denial of entry - I've heard the whole gamut, I probably should have called US border security for an official answer but I didn't get round to it in the end.


As I stated in my previous post, the airline is required to provide you carriage back to your point of departure if you're denied admission. These are terms the airline must agree to if they are going to be allowed to land flights in the US. The US government isn't going to permit airlines to dump passengers in the US and then wash their hands of any responsibility if the passenger is denied entry.

Who pays for the return flight is determined by the airline's contract of carriage. This may vary from one airline to another, but I would bet the majority would at least want tacit agreement from the traveler that they will pay for the ticket or agree to reimburse the airline for the cost. I've read about cases where people were denied entry and didn't have any money to pay for the return flight. The airline still provided a seat for the traveler. In some cases they were subsequently billed by the airline. In other cases not. It just depends on the airline.
JimVaPhuongMaleVietnam2012-02-14 09:49:00
K-1 Fiance(e) Visa Process & ProceduresRefusal of Entry
The airline is legally obligated to return the passenger to their point of departure, but most airlines include a reimbursement clause in their contract of carriage (anybody bother to read those when they buy a ticket?). Because the airline could get stuck with having to return a denied passenger they will usually examine the passengers travel documents before boarding them, and often insist on the passenger having a paid return ticket. This way they've already been at least partially paid for the cost of returning them if they are denied entry.

The airline's legal obligation ends when the passenger has been admitted to the US. If the passenger is forced to leave after being admitted then it's no longer a denied entry, but a removal or deportation. The airline can insist on the ticket being pre-paid. If the passenger can't pay then the US government will, but it will be an extra black mark in the passenger's file if the US government has to pick up the tab.

Someone denied entry at an airport is usually held until they can be escorted to the next available return flight, but most international airports in the US have a CBP detention facility which resembles a small jail. They don't usually take people to a local jail unless the detention facility is full. If someone is denied entry for a discretionary reason (lack of ties, etc.), and CBP considers them a low risk, then they might release them into the custody of the airline rather than putting them in detention.
JimVaPhuongMaleVietnam2011-12-26 13:05:00
K-1 Fiance(e) Visa Process & ProceduresQuestions about the I-129F

I have a few questions about the I-129F. My fiancé is Russian and her divorce decree is in Russian. Can I just include a copy of the divorce decree in Russian or does it need to be translated into English?
My fiancé has a 14 year old son. Part B; question # 13 has a place to list all children. Are there any other documents or paperwork required for a woman with a child that needs to be filled out? The reason I ask I once read some place that the biological father has to sign a document stating that he was in agreement for the child to leave for another county.
Thank you in advance for any help.


You must submit a translation along with a copy of the original. All foreign language documents submitted to USCIS must include a translation.

You have to list all of the beneficiary's children on the I-129F, but you don't have to submit any additional paperwork for them with the petition. You don't petition for her children - you petition only for her. Her minor unmarried children become eligible to apply for a visa as a derivative of her approved petition. She can submit a visa application for her child at the same time she submits a visa application for herself.

You won't need the "quit claim" from the child's biological father until the visa interview.
JimVaPhuongMaleVietnam2012-01-21 11:55:00
K-1 Fiance(e) Visa Process & ProceduresI 134

i do make it but it just a little over the the 125%, i decided to explore other options. my fear is that the 2012 will put me out of the new 125% too! i have some saving but how does that work?


For cash assets, it's not unusual for them to ask for 12 months (or more) of statements from the financial institution where the money is on deposit. They want to make sure the money is actually yours to dispose of, and not a recent loan you obtained to help you qualify. They have the discretion to disregard assets if they don't believe the assets will be available, when needed, to support the sponsored immigrant.
JimVaPhuongMaleVietnam2012-02-15 02:30:00
K-1 Fiance(e) Visa Process & ProceduresHow soon can I file for a new K-1 visa after separating from my fiancee
Can you explain a little more about the first visa? You said you were "rejected". Does this mean the visa was denied at the consulate interview? You also said you "took the documents out of the process". What precisely does this mean?

The reason this stuff is important is because you can't have two fiancee petitions pending at the same time for the same beneficiary. If you were denied the visa at the consulate interview then they would have sent the petition back to USCIS. If USCIS simply allowed the petition to expire then you're good to have another petition filed by a different petitioner. If USCIS is still readjudicating the returned petition then you have to wait until a decision is made. If the first petition is reaffirmed and sent back to the consulate then the first petitioner needs to withdraw the petition before another one can be filed.

There's also a potential issue of why the first visa was denied. If the consulate denied because they thought the relationship was a sham then there's no way they're going to believe your new relationship isn't also a sham. If they sent the first petition back and USCIS ultimately ended up revoking the approval then there could be a fraud marker in your file. That would make you inadmissible to the United States, and you'd need an I-601 waiver to get that inadmissibility waived.

So, what exactly happened to the first petition?
JimVaPhuongMaleVietnam2012-02-17 23:18:00
K-1 Fiance(e) Visa Process & ProceduresQuestion...
Everything depends on what it said on that document he signed. If it was an expedited removal then it comes with an automatic five year ban. If there was a P6C involved (misrepresentation) then a lifetime ban is applied. An I-212 waiver would be required in order to get a visa.
JimVaPhuongMaleVietnam2012-02-17 10:41:00
K-1 Fiance(e) Visa Process & Procedureshow do I get my to be 24 year old daugter to the usa

I have read the document but I am not sure about it. I Want some help here because of the long list of law it is easy to get lost. I petitioned for her mother and her August 2010 and she turned 21 in January which was the 5 month mark of our papers. Just before my wife's interview.
Thanks
Sorry this is new stuff for me. That is why I am asking for help.


CSPA only applies to immigrant visa petitions. You haven't filed an immigrant visa petition yet. You filed a non-immigrant visa petition for her mother. You married her mother after she turned 18 so you don't have a petitionable relationship with your step-daughter. You can't file an immigrant visa petition for her.

Your step-daughter was eligible, at one time, for a K2 derivative visa. Since the CSPA doesn't apply to K visas, there's a separate set of rules for determining whether a K2 applicant has aged out. First, a K2 visa can only be issued at the same time, or within one year after the time the K1 is issued. A K2 can't be issued before the K1 is issued, not even to avoid the child aging out. Second, a K2 can only be issued to a child of the K1 beneficiary if the child is under 21 years old. Third, a K2 child must enter the United States before their 21st birthday in order to retain eligibility to adjust status and get a green card. Your step-daughter aged out before your wife ever got her K1 visa.

Your wife is now a permanent resident, and she can submit an immigrant visa petition for her daughter. The visa category is F2B - an adult unmarried son or daughter of a permanent resident. The wait for her priority date to become current will be over 8 years, based on the current visa bulletin. If your wife becomes a US citizen in the meantime then she can upgrade the petition to F1, and knock a little over a year off the waiting time.
JimVaPhuongMaleVietnam2012-02-18 23:41:00
K-1 Fiance(e) Visa Process & ProceduresHelp with F129 Interview mistake
What's the status of his visa application? Has it been denied? Are they waiting for further evidence? Is he in administrative processing?

If the visa has been denied then there's not much you can do now except wait for the petition to be returned to USCIS. If USCIS closes the file then you can file again. If USCIS decides to revoke the approval of the petition then they send you a notice of intent. You'll have to respond with evidence to try to prevent them from revoking the approval.

It was a huge mistake not to send your fiance a copy of everything you submitted with the petition. Every piece of information on those forms is ammunition for them to use in order to trip him up during the interview so that they can deny him. It sounds like that's exactly what they did.
JimVaPhuongMaleVietnam2012-01-21 00:57:00
K-1 Fiance(e) Visa Process & Proceduresaffidavit of support question

I am wanting to know at what point in the process will I send the affidavit of support form in. I just received NOA1 this week. I am self employed and my financials will be somewhat more time consuming and complex than just turning in tax forms. Hoping I have some time here. Thanks


You might be surprised. If your line 22 total income on your 1040 was sufficient then they'll usually consider your affidavit of support to be sufficient. If you clear the minimum by a comfortable margin then they're even more likely to consider it sufficient. If you can submit three years of transcripts showing sufficient income each year then you probably have it clinched. You might not need to submit anything else.

On the other hand, if your line 22 total income is below the minimum then you'd need a pile of evidence to prove your income THIS year will be sufficient.

Affidavit of support comes with the Packet 3 stage, the non-US fiance(e) will need to submit it to their consulate as part of the final questions.

This was the biggest hurdle for me during my K-1 process, my advice is the same as the other replies, start researching what you will need now.. and act upon them around the time you receive your NOA2 from the USCIS...

I didn't do this and it added a good month to the process *sigh*, as my US fiancee was unemployed at the time so we needed co-sponsors, it was tedious, but it was okay in the end.

Best of luck my friend :thumbs: :thumbs:


At most US consulates, packet 3 is the invitation to submit a visa application. Packet 4 is the visa interview appointment. Most consulates require the affidavit of support to be submitted at the time of the interview.
JimVaPhuongMaleVietnam2012-02-19 00:34:00
K-1 Fiance(e) Visa Process & ProceduresI-129F is expiring?

thank you very much for you reply..and yes, our parents taught us manners...we are on a plane on that picture and we are enjoying ourselves meeting after 6 years, cant we get a break? geez...


Lighten up. I was only joking. :blush:
JimVaPhuongMaleVietnam2012-02-19 22:37:00
K-1 Fiance(e) Visa Process & ProceduresI-129F is expiring?

thank you! im just worried becoz its expiring on the 29th and we are passing our package close to its expiry date.


The expiration date on the form is the date set by the Office of Management and Budget, or OMB. The OMB has a responsibility to help prepare the president's annual budget, and they have a responsibility to collect information from other executive branch agencies to help in this task. In order to help them in this data collection role they review and approve the forms used by executive branch agencies, issue control numbers for those forms, and set an expiration date which indicates when the form will again be subject to review. An expiration of the OMB control number does NOT automatically make the form invalid. Only the agency using the form can make that determination.

USCIS has not issued an updated version of the I-129F. It's distinctly possible that they won't, and OMB will simply reaffirm the existing form. In any case, USCIS will continue to accept the current form unless and until they issue a new form and publicly state that previous editions of the form will no longer be accepted.

In other words, if you've got the current form that's on the USCIS website, OR the website says that previous editions of the form will be accepted, then you don't have to worry about it.

By the way, get your feet off the tray tables. Didn't your parents teach you any manners? :whistle:
JimVaPhuongMaleVietnam2012-02-19 21:55:00
K-1 Fiance(e) Visa Process & ProceduresDidn't submit a letter of intent

Ok. So I just called and spoke to my attorney for about 45 minutes. She continued to insist that the letters of intent are not required and are optional at this point. I informed her of the research I had been doing online and also that I had contacted a separate attorney to receive a second opinion. She told me that she was very upset with me as her client contacting elsewhere to receive information after she told me it wasn't needed. She informed me that she did not want to be my representation if I was not going to trust her completely. She said she was insulted by my persistence on pursuing my own investigation of what the requirements are. She told me how she has done over 500 k1 cases in the past 2 years that were approved without letters of intent. She said the cover letter that she had typed up and attached to the front of my pocket stating our intent to marry was good enough and that we did not require documents from myself and my fiance as well as the cover letter. She also said that is highly inappropriate for me to contact her on a saturday when she was at a family function, said she didn't appreciate me second guessing her, and told me how rude it was to contact a professional pretending to know more than she did. She basically told me that I should not be even reading forums online or discussing immigration matters with anyone besides her. Basically told me that she deserves an apology and that when I don't get an rfe she wants an additional apology. I in turn asked her to send me a email containing our conversation summary of what we discussed so that if I do you get an rfe I can then file for malpractice based on that and other information she gave me incorrectly.

The bulk of our conversation however was about her telling me how I needed to file and I 130 as well and she told me she would not represent me if I refuse to file and I 130 along with our adjustment of status.

I think once all is said and done I may just contact the bar association after all


Your attorney is afraid you'll find out she's screwing up. Any attorney who is confident in what they're doing would not have any problem whatever with their client seeking a second opinion on an important legal matter. I consulted with three other attorneys during my last divorce. I was completely open with my attorney about it, and he had no problems with it. In fact, he was glad I was being proactive. He was confident his advice was right, and also confident that other attorneys would confirm this. They did. He was also glad I was doing a lot of my own research because it meant he didn't have to explain a lot of things to me. If I had an attorney who was offended that I was consulting other attorneys and doing my own research then I'd fire them on the spot. Most attorneys WANT an educated client. It makes their work easier.

Your attorney has severely screwed up on four different points. First, the letters of intent, or some sort of original statements, are required for the I-129F. The form instructions are clear on this. Yes, many people have had petitions approved without them, but others have gotten RFE's for not submitting them. Second, there is only one consulate in Mexico that conducts K1 interviews. Your attorney should have known this. Third, the fees are VERY predictable. Unless there's a fee increase coming up, your attorney should be able to tell you, down to the dollar, what the fees are going to be. Fourth, an I-130 is NOT required with a K1 adjustment of status unless the K1 marries the petitioner after their I-94 has expired.

Fire your attorney. Whether you want to pursue a legal malpractice case against your attorney is up to you. At this point, you could probably only get your attorney fees reimbursed because you probably couldn't show any actual harm. You were fortunate to have discovered your attorney was incompetent before she managed to do any real damage.
JimVaPhuongMaleVietnam2012-02-19 00:20:00
K-1 Fiance(e) Visa Process & ProceduresDenied in Cambodia in January interview

If I am not mistaken they charge $630 for you to appeal. New I-129f $340.... :blush:


Still you need to wait for your "official" notice to know the actual details and options.


It's $630 to file an I-290B to appeal a decision by USCIS. However, it's not possible to appeal a decision by a consular officer. A consular officer's decisions are not subject to review by anyone - not a judge, not the Secretary of State, not even the President. This is meant to ensure that a consular officer's decisions, which are largely discretionary, are not subject to political pressure.

The consulate will send the petition back to USCIS via NVC. USCIS can either refuse to reconsider the returned petition and simply allow it to expire, or they can readjudicate it based on the consular officer's accusations. The California Service Center is likely to just allow it to expire. The Vermont Service Center is more likely to readjudicate it. His petition will go back to VSC, since that's the service center that originally approved the petition.

He can't file another I-129F petition until a decision has been made on the current petition. You can't have two petitions of the same type from the same petitioner for the same beneficiary at the same time. If VSC decides to readjudicate the petition then he's either got to wait for a decision, or get married and file an I-130 for his new wife. VSC would either decide they don't agree with the consular officer and reaffirm the approval of the petition, or decide they agree with the consular officer and send the petitioner a Notice Of Intent to Revoke, or NOIR. If they reaffirm then the petition will go back to the consulate for another interview unless they've gotten married and filed an I-130.

Now, if they send a NOIR then THAT will be his opportunity to counter the accusations made the consular officer. It's not really an appeal because there's nothing to appeal yet - the consular officer's decision can't be appealed, and USCIS hasn't made a decision on the recommendation to revoke yet. If he gets a NOIR then it's essential he respond with all of the evidence he has. The consular officer has said they believe the relationship is a sham, so the consular officer has accused the beneficiary of fraud. If USCIS revokes the approval of the petition then his fiancee effectively becomes guilty of fraud, and won't get a visa without an I-601 waiver for the fraud.

Marc Ellis is an immigration lawyer who lives and works in Saigon. He's written an excellent article about this scenario:

http://www.ilw.com/a...0713-ellis.shtm
JimVaPhuongMaleVietnam2012-02-19 22:32:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa process all the same regardless of country. True or not?

Hi! I wanted to help a friend file his petition for his fiancee who live in Indonesia. Is the process all the same regardless of country? Or are there some exceptions specifically Indonesia? I am quiete familiar on how it goes in the Philippines since I have done it myself. If the process is the same as mine - I think it will be a big help to my friend. :)


Actually, the Philippines is an exception. The process is more or less the same in most other countries, but most other countries don't have the same exit processing requirements. For example, the CFO seminar is something that's particularly unique to the Philippines. A medical exam is required in every country. The process for scheduling an interview varies from one country to another.

The odds of approval vary dramatically from one country to another.
JimVaPhuongMaleVietnam2012-02-20 17:44:00
K-1 Fiance(e) Visa Process & ProceduresAbout the Affidavit of support
Worst case scenario - you collect means tested public benefits in the US while the affidavit of support is still enforceable. The government agency - federal or state - that provided those benefits finds out about the affidavit of support and decides to enforce it (doesn't happen very often). They send a bill to your wife. She refuses to pay. They send a bill to your brother in-law. He refuses to pay. They file a civil lawsuit against your wife and your brother in-law. The judge slaps a lien on both of them. NOW his credit has been adversely affected.

A lot of things have to go wrong before the above scenario can happen. You can prevent it from ever happening by never filing for means tested public benefits in the US, at least not while the affidavit of support is still enforceable. Your wife could stop it from ever affecting your brother in-law by paying the bill. Your brother in-law could stop it from ever getting to court by paying the bill.

I signed affidavits of support for three different immigrants a little under two years ago. Last month I pulled my credit report from each of the three credit reporting agencies in the US because I was going to get a car loan, and I wanted to know what my standing was when bargaining for a decent interest rate on the loan. There was nothing - ABSOLUTELY NOTHING - on my credit report at any of the credit agencies regarding those affidavits.
JimVaPhuongMaleVietnam2012-02-22 01:23:00
K-1 Fiance(e) Visa Process & ProceduresK1 sponsor past
Have him take a close look at the descriptions of the IMBRA related crimes on page 3, section 7, of the I-129F form instructions. If he has any convictions that match any of the ones described in the form instructions then he'll need to obtain copies of all police and court records related to the crime, and he'll need to include those records with the I-129F petition he sends to USCIS. It's not a big deal. The IMBRA requirements are all about disclosure - not denial. They send copies of the records to Department of State, who will forward them to the consulate, who will then send them to you, along with a pamphlet about domestic violence. They want to make sure that you know if the person you're intending to marry has a history of violent crimes or drug/alcohol problems. The don't deny the petition just because the petitioner has been convicted of one or more of those crimes. The only sort of crimes that would make the petitioner ineligible to submit a petition would be a crime that was covered by the Adam Walsh Act (sex crimes involving children), or a criminal violation of US immigration law.

Make sure you know all the details of each of these convictions. Even if they don't need to be disclosed under the IMBRA, they will undoubtedly come up in his background check, and the consulate will know about them. When the consulate has inside information that wasn't revealed in the paperwork that was submitted they have a tendency to try to use that information to their advantage.
JimVaPhuongMaleVietnam2012-02-22 01:12:00
K-1 Fiance(e) Visa Process & ProceduresNeed Advise which route to follow... K1 or K3 or other

Thank you Dimples. You read it right. I was looking to choose between the CR1 or the K1. (I have heard of married couples in Mexico applying for K1 because it is slightly faster).

Wish me luck here we go!!


If you send a K1 petition and USCIS finds out you're already married then they'll deny the petition. If the consulate finds out then they'll deny the visa. If you managed to get through the consulate and get a visa then USCIS would find out about the prior wedding when you submit the marriage certificate for adjustment of status. Adjustment of status based on the K1 petition would be impossible because you didn't marry within the 90 day window after entering the US. They could even deport the beneficiary for material misrepresentation on the visa application, and prosecute the petitioner for misrepresentation on the petition. A fundamental requirement of the K1 is that both parties must be free to marry. Two people already married to each other are not free to marry.

Some people play the system and get away with it. The ones who get caught find out that US government enforcement can be brutally harsh. Don't ever lie to these people about anything.

K3's require two petitions - an I-130 and an I-129F. It used to be that USCIS would approve the I-129F within a few months, but might take a year or more to approve the I-130. NVC would send the approved I-129F to the consulate, and the beneficiary could get a K3 visa and come to the US to wait for the I-130 approval. After that, they'd file for an adjustment of status. USCIS now usually approves the I-129F and I-130 at the same time. When NVC receives both approved petitions at the same time it's now their policy to administratively close the I-129F, and only send the approved I-130 to the consulate. Even if you spend the extra money to petition for a K3, you'll probably still end up interviewing for a CR1. For this reason there's little point in sending the I-129F. Just file an I-130 for a spousal visa.
JimVaPhuongMaleVietnam2012-02-23 10:32:00
K-1 Fiance(e) Visa Process & ProceduresCan you apply for a K-1 while in the US on another visa?

Thanks for your advice. We were just worried that there would be trouble because when he got this visa, he had to prove he had intentions of returning to Canada. We didn't want them to accuse him of having immigration intent. How do you prove that he didn't have this intent?


Immigrant intent won't be an issue unless they have evidence that he intended to immigrate at the time he entered the US, and also evidence that he lied about his intent to the CBP officer. You don't have to prove he didn't have immigrant intent. They would have to prove that he did. If CBP had that evidence at the time he entered then they wouldn't have let him enter.

If he's attending school more than 18 hours a week, or if his studies are for credits towards a college degree, then he should not be attending school with a B1 visa.
JimVaPhuongMaleVietnam2012-02-22 22:41:00
K-1 Fiance(e) Visa Process & ProceduresProof of Meeting

There have been people who were approved without sending in any photos ( other than the required passport photos )


There are also many people who've gotten RFE's for not sending photos, or for not sending enough photos. Yes, photos are secondary evidence. First and foremost, they want proof that the petitioner and beneficiary were in the same place at the same time, and that the time was within the previous two years. Travel documents are usually used for this. Secondarily, they want proof that the petitioner and beneficiary physically met with each other during that time. Photos are generally used to prove this.

There are a few places in the world where photos are considered taboo, but India isn't one of them. I seriously doubt that USCIS would accept "cultural reasons" as a valid excuse for not having any photos. I also think they'll consider it somewhat suspicious that the petitioner spent time visiting family in India and met their future spouse, but didn't manage to take one single photo. They may suspect that the petitioner merely went to visit family in India, but never actually met his future bride face-to-face while he was there. They may suspect that the relationship was arranged by the petitioner's family after the petitioner returned to the US, and that the petitioner is now trying to use travel documents from a completely unrelated trip to satisfy the two year meeting requirement without having to go to the time and expense of returning to India to actually meet his fiancee.

I think his chances of being approved without photos would be better if he wasn't of Indian descent, and didn't have family in India.
JimVaPhuongMaleVietnam2012-02-24 02:28:00
K-1 Fiance(e) Visa Process & Proceduresconfused again on residence address

I used to run the Air/Ground Comm (Ground GEP) for the Silk Purse ABNCP and occasionally the NEACAP, which birds did you fly?


Sorry. I remembered this thread from yesterday, and had to dig three pages deep to find it. :blush:

We flew mostly EB-57E's. These are Martin B-57 Canberra's that have been converted so that the bomb bay carries a bunch of ECM gear. In peace time we flew mock electronic attacks against US and NATO bases to test their defenses. In war time we would have swapped out the ECM gear for stuff designed to target Eastern Bloc defenses, and our job would have been to jam ground and air radar so that NATO bombers could approach their targets. We also had a couple of a B-57B's, which were dual stick trainers for the pilots. We also had four T-33's used for training and also for shuttling people around.

I worked on all of our squadron's birds. Since we were the only avionics shop on the base, I also worked on the UH1 choppers used by the air rescue squadron, as well as any transient aircraft that came through with a comm problem. I got to sit in all sorts of fighters, bombers, and cargo planes. I even worked on an SR-71 once with an armed guard breathing down my neck the whole time. :blink:
JimVaPhuongMaleVietnam2012-02-26 02:26:00
K-1 Fiance(e) Visa Process & Proceduresconfused again on residence address

Wow, CPBO? Sets for 30 weeks? Uhhh Ohhh ? We must be close in age! Does this sound familiar: The Triangle, Eating at Muse Manor, B.E.D. , hurricane walls, Thomson Hall?


Familiar, but not intimately. I was married and lived off base. :D

Was a 307X0, and you?


328X0. Avionics Communications.

Malmstrom!! Uhh Ohh, must be a MM II missile puke !


Nope. I was in the one-and-only ADC squadron on the base, and one of only two flying squadrons. I got an early out (by two months) because they retired the birds, and closed the squadron. Not long after they closed ADC.

Working on the flightline at -50 degrees is an experience I'll never forget, and hope to never experience again. :blink:
JimVaPhuongMaleVietnam2012-02-25 01:12:00
K-1 Fiance(e) Visa Process & Proceduresconfused again on residence address

Thats not entirely true in all cases. The Air Force issues PCS "Permanent Change of Station" orders for the Student Squadrons at Keesler in cases where the training course length exceeds 6 Months. With the exception of wartime exemptions for critical career fields (quite common recently), temporary duty (TDY) exceeding 180 days must carry PCS orders, and this also applies to training.

I spent over a year in the "schoolhouse" at Keesler on the sunny Biloxi Gulf Coast many years ago. Was also TDY to Little Rock AFB just a few months ago, and have to say I prefer Biloxi !


I also got PCS orders for Keesler because my combined SETS and specialty training were supposed to be 30 weeks. It was self-paced. I finished in 12 weeks. CBPO had to scramble because I was due to graduate in less than a week, and I still didn't have orders for my next duty station. They sent me to Malmstrom. I have to say that I also thought Biloxi was better. :whistle:

I'm saying that for the G-325A it doesn't really matter whether you list Lackland and Keesler. It's somewhat understand that a military member is 'just passing through' a training base, even if it takes them six months to go somewhere else.
JimVaPhuongMaleVietnam2012-02-25 00:45:00
K-1 Fiance(e) Visa Process & Proceduresconfused again on residence address

so i went on a BASIC MILITARY Training for 8 weeks for the AF at LACKLAND AFB, Then moved to KESSLER AFB for 3 months, should i use the address during the time i was doing this? then my first station at LITTLE ROCK AFB and thats where i had an apartment and stayed foe over a year, how should i do my residence. please help


It doesn't really matter. You weren't really a "resident" at either Lackland or Keesler (there is no "Kessler" AFB) because they weren't permanent duty assignments. You were only there temporarily for training. On the other hand, you don't want to leave any gaps in your list of residences.

Either list the time you spent in basic training and tech school as a "residence", or list your home of record for that period of time. Either way should be fine. USCIS will be able to figure it out.
JimVaPhuongMaleVietnam2012-02-25 00:03:00
K-1 Fiance(e) Visa Process & Procedurespetition returned to uscis

hello all this is what the letter states the uscis is administatively closing this petition because the orignal validity dates have now passed. the administrative closure of this petition is without prejudice . etc ect,


Wrong forum. This is not an adjustment of status case.

The letter means the K1 petition is dead - finished. The petitioner can either submit another K1 petition, or marry the beneficiary and submit a CR1 petition.

Why was the K1 visa denied? If this issue is not addressed then it could cause problems the next time the beneficiary interviews for a visa.
JimVaPhuongMaleVietnam2012-02-27 11:52:00
K-1 Fiance(e) Visa Process & ProceduresDoes the dental exam actually matter?

so the medical exam doesnt include the doctor checking your oral health? (not trying to be annoying here, but i work in the medical field and a complete physical should include oral health as well) Thats great if it doesnt apply here though.......guess my fiance was confused....


They don't do a "complete physical". They're looking specifically for something that would make the applicant inadmissible to the United States for medical grounds. That means communicable diseases that are a public health risk, mental illness that makes the applicant a danger to themselves and/or others, or drug or alcohol abuse. Other than coughing up TB infected sputum, there's not much that could be going on in someone's mouth that would make them a public health risk in the US.
JimVaPhuongMaleVietnam2012-02-28 11:49:00