Forum	Title	Content	Member	Sex	Country	Date/Time
K-1 Fiance(e) Visa Process & Procedures	Does the dental exam actually matter?	My fiance said the form he got from his consulate includes a dental exam.. :/	JamieandJamie	Female	New Zealand	2012-02-28 01:28:00
K-1 Fiance(e) Visa Process & Procedures	Does the dental exam actually matter?	Hi all, just wondering if having a bad dental exam could actually result in denial of the k1 visa. any info appreciated. thanks	JamieandJamie	Female	New Zealand	2012-02-28 01:15:00
K-1 Fiance(e) Visa Process & Procedures	Help....pleeeease	I was actually not sure what to put there either...so hopefully someone on here knows	JamieandJamie	Female	New Zealand	2012-02-28 16:25:00
K-1 Fiance(e) Visa Process & Procedures	Do I need a waiver after 3 year ban ?	Though Aaron2020 would disagree, based on his 'vast' knowledge of US immigration law, in actuality, you were never barred! Why? Because J1s are admitted for 'D/S', which means 'duration of status'...and normally do not accrue unlawful presence unless an immigration judge rules that you did (but you never went to immigration court, correct?). While you were technically out of status, that is different from being unlawfully present, which is what is necessary in order to accumulate time towards a bar to readmission. So, based on what you posted, you are not banned, never were and do not need a waiver of any kind. Hey Noah Lot .. i have a question for you .. I have a friend that was an au pair too .. and overstayed just 2-3 months and she is applying for k1 as well .. Last year she tried to enter US with her Tourist visa that she had before Au pair .. it was still valid .. when she got at immigration .. they caught her and took her to a room .. they made a lot of questions and told her the visa got canceled too cause she left the au pair program etc .. she got deported and now is applying for the k1 .. its the same situation as me ? she will need an waiver or they just didnt want her to come to US as a tourist cause they prob knew she could stay illegal with her fiance .. Ah and answering ur question .. Yes i never went to the immigration court .. or never had any problem .. I never worked illegal or anything could make a problem for me in the future .. Thank you for sharing ...	MSM	Female	Brazil	2012-02-24 10:43:00
K-1 Fiance(e) Visa Process & Procedures	Do I need a waiver after 3 year ban ?	Hum thank you Sandra for reading again and understanding the situation .. hope everything goes well .. anyway do u know anybody in ur forum(K3) that had the situation almost like mine ?	MSM	Female	Brazil	2012-02-23 11:00:00
K-1 Fiance(e) Visa Process & Procedures	Do I need a waiver after 3 year ban ?	You will have to submit a waiver!!! Probably your K1 will be approved,but the Consulate won't be able to issue your visa because of your ban. In your interview the Consulate will give some papers for the waiver, because you live in Brazil your waiver will be adjudicated in Peru, and it was taking 1 year for their decision, but I saw some cases lately that took just six months, but the average time in Peru is nine months ok. Boa sorte. Eu sou moderadora da comunidade k3 visa se vc quiser entrar la vc sera bem vinda, nos temos varios casos de waiver la ok.Boa sorte.Aconselho que vc leve o waiver pronto na entrevista e entregue ja na entrrevista,pois ele dirao que nao poderao emitir seu visto pque vc esteve ilegal mais de 180 dias. E como eu levo o processo do waiver pronto ??? isso vai me adiantar algo ja ?? ouvi dizer que o noivo que tem q aplicar o meu waiver la no usa ? isso procede ?? se eu levar o waiver pronto eu so entrego e eles dao entrada e depois tenho que ir la buscar o visto ou eles mandam por correio ??? nao tenho nem nocao como funciona isso ... mas vc acha q pelo fato de eu cumprir os 3 anos no brasil eu nao precisaria ? pois ate agora vi que quem teve que aplcar pelo waiver sao pessoas que nao esperam o ban e tem q pedir perdao .. obrigada	MSM	Female	Brazil	2012-02-21 21:29:00
K-1 Fiance(e) Visa Process & Procedures	Do I need a waiver after 3 year ban ?	Hi .. I really need help .. I`m very concerned about getting a k1 visa denied .. I went to US in 2008 (jan 14) with a J1 visa( au pair).. i left the program in 2 weeks .. they were making a lot of problems to me so i decided to leave .. after that waited for a rematch but i didnt want another problematic family to be with .. so i decided to live with my fiance .. so i left in Feb 5 to be together with him in that time .. so I guess they canceled my visa after some days of Feb .. and I left US 23 Dec 2008 .. so lets say i Got a 3 years ban .. Now that i completed it .. i would like to know if i served it Do i need a waiver after it ??? Cause by the law i think i dont need to say sorry to the country .. i already waited the 3 years .. Anybody here got the visa approved without a waiver after serving the 3 or 10 year ban ??? Can you give the details about the interview ..	MSM	Female	Brazil	2012-02-21 21:12:00
K-1 Fiance(e) Visa Process & Procedures	Documents for visa processing	I would send the documents that require your original signature like the I-134 by mail. All the other paperwork you can e-mail to her and she can print out. This will save you some money. You don't need two copies of your financials. One copy of each should suffice. When I did mine on my first K1, I porvided 3 years of tax transcripts, W2's, Letter of Employment verifation from employer, letter from bank and 6 of my most recent paycheck stubs. I believe it is better to give more then less. I believe at this point the only paperwork requiring your signature is the I-134. If I am wrong then others will speak up. She will need two copies of the DS-156 and DS-157. Once copy of the DS-156K. Please see the link below for the packet she should follow in prepartion for her Embassy interview in Manila. On the DS-156 question #34 there is a place for persons that will be traveling with you. maybe this is enough. VJ members who have more knwledge of this information please comment. Please have her also review the reviews of the US Embassy in Manila. Others sahre their experiences and tell you some of the questions being asked by the prescreeners and Consular Officer. Good Luck. K1 Packet Preparation for Interview http://photos.state....3__rtf2_003.pdf US Embassy Manila Reviews http://www.visajourn...&cty=&dfilter=3 Thank you VERY much for this! I am very appreciative for people's generosity here. Kevin	Bikesnjaz	Male	Philippines	2012-02-14 20:30:00
K-1 Fiance(e) Visa Process & Procedures	Documents for visa processing	I am about to send off a small mound of documents for our visa processing in Manila, and I have three questions, please: 1. For the Affidavit of Support (I-134), do I indeed need to submit TWO copies of all the back-up documents (such as about bank information)? 2. Her daughter is 21/2 years old (turns 3 in May). Do I need to submit a separate I-134 for her? 3. Does she need to fill out a separate DS-156 form for her daughter? Thank you all. I am VERY appreciative of the help and support I have rec'd from this very practical group!! Kevin	Bikesnjaz	Male	Philippines	2012-02-13 13:25:00
K-1 Fiance(e) Visa Process & Procedures	K-1Visa questions	Question #1 - Yes, that is fine (Mark as an Attachment if you use another sheet) Question #2- Yes, Translated. But be sure the Document is Official ( TRIPLE CHECK THIS ) Thank you for your response	LATINA-DUTCH	Female	Netherlands	2012-03-04 14:52:00
K-1 Fiance(e) Visa Process & Procedures	US Birth Certificate	Thanks so much for your quick replies!!! This site is great!	Danielle77	Not Telling	Mexico	2008-11-30 14:59:00
K-1 Fiance(e) Visa Process & Procedures	US Birth Certificate	Hello, I'm filing an I-129 petition and it says that I need to copy both the front and back of my birth certificate. I had to order a short form online. There is nothing on the back. Do I need another kind of birth certificate? Should I copy the blank back of my birth certificate? Thanks!!!!!!!	Danielle77	Not Telling	Mexico	2008-11-30 14:07:00
K-1 Fiance(e) Visa Process & Procedures	I-134 Affidavit of support	So I went with my sister to the bank today to ask for the bank letter for affidavit of support. And well it turns out they can't provide you with such letter, which I thought it was weird. How can I go about this?! Should I just print a bank statement and send that as proof?! thanks Letters from the bank aren't necessary unless the sponsor is self-employed (bank letter used to show revenues) or the sponsor is using bank deposits as assets to help them qualify. What your sister needs is a copy of her most recent tax return, or an IRS transcript of that return, plus proof of employment and income. A letter of employment on her employer's letterhead stationary is usually sufficient for the former. Pay stubs are usually sufficient for the latter. If her income is sufficient to qualify then she doesn't need to declare any assets, like her life insurance or her car. It would probably be pointless anyway since the life insurance must have a cash-out value to be considered an asset (whole life), which isn't what most people have, and a car only counts as an asset if you've got more than one car.	JimVaPhuong	Male	Vietnam	2012-01-13 01:49:00
K-1 Fiance(e) Visa Process & Procedures	My debt	Can my debt effect my application? There are two scenarios I can think of where it might affect your application: 1. Your debt includes a tax lien. The consulate will probably deduct the amount of the lien from your annual income when determining if your affidavit of support is sufficient. 2. Your debt burden prevents you from being able to pay the necessary fees. Other than the above, no - debts will generally not affect your application. The US government doesn't really care who you owe money to. If they end up having to come after you for reimbursement under the affidavit of support then they will get their money before any of your creditors do.	JimVaPhuong	Male	Vietnam	2012-01-15 03:09:00
K-1 Fiance(e) Visa Process & Procedures	K2 Social Security requirememts	File for the adjustment of status as soon as you've married. You don't have to apply for the EAD, if you don't want to, although there's no extra cost if you do. The only advantage it will provide for your daughter is it might allow her to get an SSN sooner, but many people receive the EAD about the same time as they receive the green card, and some don't receive it until after they receive the green card. Talk to your HR department about medical insurance coverage. There is no legal requirement that a person have an SSN in order to get medical insurance. This is often a bureaucratic requirement of either a company HR department or an insurance company, and there is often a way to get around it. Your daughter will become a US citizen as soon as her adjustment of status is approved. You should consider either getting her a US passport and/or certificate of citizenship after her adjustment of status has been approved.	JimVaPhuong	Male	Vietnam	2012-01-15 03:19:00
K-1 Fiance(e) Visa Process & Procedures	Question about income/tax returns/assets	You mention that "most" consulates will treat the fiance as a spouse, but a strict reading of this does leave the door open to a CO to reject the affidavit. I wonder if (and how often) this has happened? The CO has a lot of leeway with an I-134. K visas are in a gray area. They're not immigrant visas, so there's no statutory requirement for an affidavit of support, nor any defined criteria for what standards a sponsor has to meet. On the other hand, K visas not only allow for immigrant intent, they practically require it, and consulates will usually want to feel comfortable that they're not sending an intending immigrant to the US who won't have a sufficient sponsor to adjust status. The Foreign Affairs Manual doesn't do much to clear this up. It mentions that the I-134 is a useful tool for certain types of visas, but doesn't lay out any specific rules for determining if it's sufficient other than to say that it's not legally enforceable, and it should be given less weight than an I-864. Department of State hasn't spelled out any policy rules, and consulates aren't sharing any inside information with us, so we have only the experience of others to go by. The consensus on VJ is that the consulate is generally going to apply the same rules that will ultimately be applied with the I-864. This is based on the experience of prior members. Petitioners who have sufficient income to qualify with an I-864 usually don't have any problems with their I-134 being accepted by the consulate, while petitioners who don't have sufficient income to qualify with an I-864 are usually required to provide a joint sponsor, or rejected outright, depending on the consulate. It seems reasonable to assume that they would apply the same standards with the I-134 that will eventually be applied with the I-864 when the beneficiary applies for adjustment of status. It wouldn't be reasonable to apply stricter standards, and it would be ludicrous to apply less strict standards. When the beneficiary eventually applies for adjustment of status they will be the spouse of a US citizen, so it seems reasonable to assume that the 3X rule for assets would be applied. Having said that, some consulates have been reluctant to accept assets with an I-134. Why? Nobody knows for sure. This seems to be more common at consulates in high fraud countries, so perhaps it's just a convenient excuse to deny when they actually suspect fraud but don't have any evidence of it. I've never heard of a beneficiary being told at the interview that the petitioner's assets had to meet the 5X rule. Obviously, that's not proof that they don't apply the 5X rule. It's simply not possible to know for sure unless they tell us.	JimVaPhuong	Male	Vietnam	2012-01-15 10:57:00
K-1 Fiance(e) Visa Process & Procedures	Question about income/tax returns/assets	Hello everyone, I've got a few questions regarding annual income, tax returns and assets. For the annual income part, the amount they're looking for that's 125% above poverty line is before tax correct? So if the minimum is 18,333 for 2 people, that's before taxes and what not? Secondly-- My current job I work is 40 hours a week, at the minimum wage of $9.04 an hour-- this adds up to be 18,803 or did I do my math wrong? Before I used a online calculator I wound up with 17,357 before tax. Do I meet the requirements with my income? Most people who are on an hourly wage do not get paid for a full 52 weeks each year. Most hourly workers do not get paid for holidays unless they work on those holidays. Since you are so close to the threshold you should assume that the CO will deduct a couple of weeks for holidays. The CO has discretion whether to consider an I-134 sufficient or not. I think yours is a coin toss. The next question is about assets and what they cover. I'm currently going to invest with Russell Investments of about $8,000, will I be able to somehow show this as a asset? If so, what paperwork would I need to show for it? I'm very new when it comes to handling assets/investments. Can the asset be converted to cash within 12 months without undue hardship or financial loss? If the investment is in a form that can be liquidated anytime without penalty then it's probably a qualified asset. If it's something like a certificate of deposit where you'll incur a substantial penalty for cashing it out early then it might not be considered. If you list the investment as an asset then you should also provide proof that you own it, and proof of it's current value. Lastly, tax returns. I never filed for the year of 2010 as I had made under $3,000 which from I researched, meant it wasn't required for me to file. I'm going to be doing my tax return for 2011 as soon as I get all the documents since it will have been my first full year of working. Do I need to write a reason for why I never filed for 2010 as I had just turned 18 and started working, or would my 2011 taxes be enough? Another thing to consider as well though is I might not get my tax return before his interview. I'm expecting if all goes well the visa will be approved by the beginning of February, since we filed late September. If he got his interview before I received my tax return, what would I do in that case? Thanks in advance! Most consulates require a copy of the tax return for the most recent tax year, or an IRS transcript of that return. The cutoff date for determining what year is the most recent tax year is the filing deadline date in April. In other words, after the filing deadline this coming April the most recent tax year will be 2011. Until then, the most recent tax year is 2010. However, they'll accept a 2011 tax return if you've already filed it, even if it's before April. Since most employers don't send out W2's until the end of January, it's unlikely you'll get your 2011 tax return filed in time. In that event, you'll need to include a letter explaining how much you made in 2010, and why you weren't required to file a tax return. After that, you provide proof of current income and hope for the best. There's a chance you'll be asked to get a joint sponsor. A simple calculation for hourly wages to annual pay is 2000x the hourly rate (assume 50 weeks of work, 40 hours per week). The requirement is based on income before taxes. If you are using assets, they require the assets to be 5x the salary minimum. Your 8000 dollars (assuming it is considered liquid, others can chime in with a more precise answer) is only going to effectively add 1600 to your annual pay). You are cutting it somewhat close here, consider getting a co-sponsor. Assets only need to be 3X the income shortage if the sponsored alien is the spouse or minor child of the sponsor. Most consulates use the same rule for fiancee's, since they will become the sponsor's spouse after they arrive in the US.	JimVaPhuong	Male	Vietnam	2012-01-15 02:54:00
K-1 Fiance(e) Visa Process & Procedures	What if we don't have all that...	Not to put too fine a point on it... I didn't even know people had engagement parties before I read this thread! As said, don't do anything that isn't natural, and I doubt it would be an issue It depends very much on the country. In some countries it's a cultural imperative. East Asia and India, for example. If it's something that a local couple would be expected to do then the consulate will expect an American petitioner to have done it with his/her fiance/e, as well. For example, if local customs dictated that the intended couple needed to drink yak urine and bark at the moon then the consulate will expect to see pictures of this important event. The point is that the consulate is supposed to apply both American and local customs and traditions when weighing the bona fides of the relationship. If a relationship wouldn't pass the smell test with a typical local person then the consular officer isn't likely to buy it, either. They call this the "reasonable person" standard. The problem with some consulates is they aren't flexible enough with their expectations. In Vietnam, for example, what's considered customary varies a lot depending on where the beneficiary is from. Arranged marriages are still common in rural areas, and strict observance of traditions is expected. In a small village it's everyone's business if somebody is getting married. In the big cities it's not uncommon for a couple to skip the traditional customs and have a more western style courtship and marriage. Consular officers there don't usually take this sort of stuff into account, and judge everyone with the same yardstick. To some degree, people are forced to play by the consulate's rules if they expect to succeed, even if it's not what they would have otherwise done. Foreknowledge of what the consulate expects can be a huge advantage here.	JimVaPhuong	Male	Vietnam	2012-01-15 10:24:00
K-1 Fiance(e) Visa Process & Procedures	Provisional Letter	Approved I-129F petitions used to be sent directly from USCIS to the consulate. It was usually possible, at that point, to request that the consulate open a provisional file, since Department of State didn't otherwise have any record of the case yet. A policy change in March, 2003, resulted in all approved I-129F petitions transiting through the National Visa Center for centralized intake into the Department of State system. At that point, most consulates stopped allowing for provisional files. There are still a substantial number of internet sites that recommend sending a letter to request the consulate to open a provisional file. That advice is old. Most consulates won't do it anymore.	JimVaPhuong	Male	Vietnam	2012-01-15 03:04:00
K-1 Fiance(e) Visa Process & Procedures	I'm unemployed financial responsibility	thanks everyone. yes my mom is as legit as they come and is a retired big city school teacher. How long do i have to show income for one year or 2 years? I'll file taxes with my income at the requirments if i have to even though i didn't make that much. $14,700 it is?? tax would be like $800 on that amount. I'll do what it takes. No. That's 100% of the poverty guidelines. That only applies for certain non-immigrant visas that don't allow for immigrant intent, or cases where the petitioner is active duty US military. For everyone else, including K visas, it's 125% of the poverty guidelines. For two people that would be $18387. But... $14,710 for 2 people. My child is not living with me does that count as another?? Yes, of course your child counts as another household member. You have a legal obligation to support your child. The minimum for three people is $23,162. See the I-864P for the current income thresholds. http://www.uscis.gov/i-864p My lady in the Philippines is 3 years younger than me so there should be no reason to frown on us. Not really relevant in the Philippines. There are many cases approved where the petitioner is much older than the beneficiary. It's pretty common there. Who approves the K-1 visa? my country or her country??? The US Citizenship and Immigration Service (USCIS) will accept and adjudicate your petition. The US Embassy in Manila will accept and adjudicate her visa application. The decision is entirely up to the US government, but the Philippine government does impose some unique requirements of their own. She'll have to clear the CFO office before they'll let her out of the country. Spend some time in the Philippines regional forum here for more info. Re: "winning 23 if you earn less than $8000 of working income one is not required to file. It's tax evader/evasion FYI. thanks Someone who is self-employed is still required to pay Social Security taxes, called SECA, on any income over $400. You were still required to file federal tax returns with a schedule C for your self-employment income, and a schedule SE for your SECA taxes.	JimVaPhuong	Male	Vietnam	2012-01-16 12:51:00
K-1 Fiance(e) Visa Process & Procedures	deported	my fiance was deported 4 yrs ago in Germany for drug trafficking, an over stay, wat are the chances of getting I -129 approve? In all likelihood, there's an Interpol file on your fiance. It's very unlikely you'd get all the way through the process without the US government finding out about the drug trafficking charge, even if he lied on the forms and didn't provide the required police reports to the consulate. EAbbas cited INA 212(a)(2)(A), but that's not the clause that will kill your fiance's chances. INA(a)(2)(C) is specifically about drug trafficking, and no waiver is possible for an (a)(2)(C) inadmissibility.	JimVaPhuong	Male	Vietnam	2012-01-16 12:37:00
K-1 Fiance(e) Visa Process & Procedures	Do you think I need a co-sponsor?	Hey thanks for the infos. Okay, I just looked at the Visa Instructions for Fiance Visa Applications from the webiste: http://laos.usembass...iance_2011.html, and where it says Evidence of Financial Support, it list -original Affidavit of Support signed by petitioner, -most recent tax return (form 1040 and W2), -pay slip, -recent bank statements... The thing I am frustrated about is that it doesn't specify or indicate a number how many they want???..so I still don't know exactly how many they want because some people say 3 years worth, and others says 1 year is ok for self-employment. Im thinking since I file 1040 and it says recent income tax and not income taxes, it's probably saying 1 only, and it's the same deal as it is with someone with W2's. But since I am still not 100% sure I'll email them and see what they have to say to me about that before I sent out my I-129F. The bank statements they wanted to see, also no number of pages indicated, I guess I'll go with the number 6 months worth because hnubno told me she sent 6. Until I know which one of my income (gross or net income??) for 2011 qualifies me to sponsor myself then I can say I don't need a co-sponsor, but like you're saying they don't allow co-sponsor for k1 visa applicant then I am screwed too even if I made enough to sponsor him myself. I was gonna use my mom as co sponsor if my income isn't enough or say they really want 3 years worth of income and I don't have all of them, my mom has all. Throughout the last 3-4-5 years, I can say I have a pretty good history of deposits into my accounts, but haha I usually end up spending them up almost emptied then I will have new deposits...hope that still works for them...we also may be screwed because the marriage route takes too long and to much needs to be done...we just really want to be together as soon as possible, gosh I wish governments would stop making it so hard for people who can proof their love is true and not make so hard for them be together with all these money stuff...it's crazy. Will I will let u know what they say to me too... tired now and back aching because stressing too much about this... There are no firm rules for the I-134, so it's entirely up to the consular officer to determine whether or not you're a sufficient sponsor. Consular officers in poor countries tend to be very pessimistic when it comes to evaluating an I-134, so the more compelling your evidence is, the more likely they'll accept you as a sufficient sponsor. They generally look at line 22 on your 1040. That's your income after your business deductions and before your personal deductions. Since you haven't filed your taxes yet for 2011 you have an opportunity to make line 22 pretty much as high as you want, right up to the amount you claim as your gross receipts on schedule C. Tax law allows you to deduct your legitimate business expenses, but it doesn't require you to deduct them. If you don't like the number on line 22 of your 1040 then deduct fewer expenses on schedule C. Unfortunately, "true love" isn't enough to guarantee that the taxpayers won't be helping to support your fiance.	JimVaPhuong	Male	Vietnam	2012-01-18 02:21:00
K-1 Fiance(e) Visa Process & Procedures	Request to Expidite	I don't think it's ever a good idea to try the financial hardship angle with a visa category that will require a sufficient sponsor. You're pleading poverty in order to get them to hurry up, while simultaneously expecting them to accept that you've got enough income to support your new family in the US. On top of this, you're using a medical basis for a humanitarian request. Both USCIS and the consulate know darn well that medical care is far more expensive in America than it is in the Philippines. You're not going to save any money bringing her to the US sooner, and they know it. Furthermore, consulates are often very reluctant to issue a visa to a woman who claims to be pregnant with a US citizen's child. They strongly prefer that child to be born abroad so that they can go through the CRBA process to determine if the child really has a valid claim to US citizenship. If they allow that woman to get a visa and come to the US before giving birth then they are granting citizenship to that child regardless of who the biological father is. They don't like to take that risk. I don't think you'll get the expedite, but if you do then don't be surprised if the consulate refuses to issue a visa until after the child has been born and the CRBA process has been completed.	JimVaPhuong	Male	Vietnam	2012-01-20 10:37:00
K-1 Fiance(e) Visa Process & Procedures	RFE...HELP!!!!	I have received a RFE asking for more evidence that my fiance and I have met in the past 2years. It says I have to prove we were at the same place at the same time. He is from Haiti, but he is studying in the Dominican Republic. Do you think a copy of his school schedule from around the time of my trip be enough? Should I get it translated?.....ANY ADVICE ON WHAT TO SEND WOULD BE GREATLY APPRECIATED. We can't answer that question unless we know what you've already submitted. The RFE will usually give specific examples of the sort of evidence they're looking for. What exactly did you submit with the petition, and what exactly is listed on the RFE as examples of evidence they'd like to receive?	JimVaPhuong	Male	Vietnam	2012-01-22 12:02:00
K-1 Fiance(e) Visa Process & Procedures	translations	Do I need translations for everything I submit as evidence of relationship? This could get quite expensive since she mostly uses Japanese in our emails. Obviously, I can translate them myself, is that OK or do you need a certified translator? You do not need to submit evidence of relationship with the petition. It's helpful with some consulates in high fraud countries because it allows some evidence to be frontloaded for the consulate, but it's totally unnecessary for Japan. USCIS isn't going to look at any relationship evidence you send because it's not required, and it's not really necessary to frontload a petition with a beneficiary from Japan. You'll need this evidence for the consulate stage, but you won't need to translate it. The consular officers can usually speak and read the native language of the host country. The only things you must translate are documents that are required with the petition, such as copies of divorce decrees, etc.	JimVaPhuong	Male	Vietnam	2012-01-22 03:13:00
K-1 Fiance(e) Visa Process & Procedures	Is K-1 the right way to go?	Being denied entry for suspected immigrant intent will have no bearing whatever on a K1 visa. This is because a K1 visa specifically allows for immigrant intent. In fact, it practically requires it. When you're denied entry for suspected immigrant intent they are effectively telling you to go and get the proper type of visa if you intend to immigrate to the US. Getting a K1 visa is precisely what they're recommending.	JimVaPhuong	Male	Vietnam	2012-01-22 23:38:00
K-1 Fiance(e) Visa Process & Procedures	K-1 Process using waiver 2 for the eligibility	yeah, iam in same boat. i just got an RFE to provide proof to meet each other within 2 years. i submitted my application late by a month and half even with all the document that we last met in June 12, 2009. my case opened on August 1, 2011. i guess that is a big denial no matter what i try to explain. Should i event try to write a letter to convince them? i already bought ticket to go to Viet Nam and will be spend a month and half with her there (within the next 2 months). Should i wait for the official denial and then reapply for K-1 or just go and get marry there? I am only trying to save money for the wedding and tryting to pay off my student loans before the marriage (only 4.5 years done with school). that is the reason did not travel back last year. i guess sometime being financially responsible is a wrong choice. hahaha. any advices VJmembers? Thanks. I say go ahead and take your trip to Vietnam. Have a good time. When you come back there will probably be an RFE waiting for you to submit proof of having met within the two years prior to filing the petition. Respond to the RFE with a request to withdraw your petition. Immediately file a new petition with your new evidence. Whether or not you get married is your own choice. There are some advantages to a fiancee visa when dealing with a beneficiary in Vietnam, though. First, marriage between a VN national and foreigner is a bureaucratic mess. You'll have to undergo a psych exam. If you don't speak Vietnamese then they could subject her to an interview to determine how well she speaks English. It could take a month or more to get all of the documents you'll need to make the marriage official. It's not like in the US where you can go to the courthouse or county clerk's office and walk out 20 minutes later a married couple. Second, the consular officer is going to scrutinize your wedding pictures to see if meets their definition of a "real" Vietnamese wedding, which means hundreds of guests at your party. While a big wedding in Vietnam is cheap compared to a big wedding in the US, you're still looking at thousands of dollars you have to spend. If you're lucky you'll get a chunk of that back in wedding gifts. Third, and probably the most important, if you fail to get a fiancee visa on the first try then you can get married and file a spousal visa petition without having to wait for a decision on the returned fiancee visa petition. On the other hand, if you marry first and file a spousal visa petition and end up being denied at the consulate then you have no choice other than to wait for USCIS to readjudicate the returned petition.	JimVaPhuong	Male	Vietnam	2012-01-24 03:05:00
K-1 Fiance(e) Visa Process & Procedures	Form 134 - Is it mandatory? How much money is enough?	It's not mandatory. It's not required either by law or by Department of State policy. The Foreign Affairs Manual says very little about the I-134, except to say that it may be useful in some cases, that it shouldn't be afforded the same weight as an I-864 because it's not legally enforceable on the sponsor, and lists the types of visa applications where it might be used. Most consulates will not issue a fiancee visa without it, but some will. I know that the US Embassy in London allows a K1 beneficiary to self-sponsor. I wouldn't be surprised if the embassy in Spain also allowed it. FWIW, an experienced ESL instructor is a much more valuable commodity in other countries than in the US. Bilingual instructors who are fluent in English and Spanish are as common as dirt in California and most other southwestern states. There are used car salesmen here who are fluent in English and Spanish, and many of them are originally from the middle east!	JimVaPhuong	Male	Vietnam	2012-01-22 12:12:00
K-1 Fiance(e) Visa Process & Procedures	Divorce question	Is there a minimum time that the US petitioner should be divorced from former wife before filing? I have been seperated for 5 years living 2300 miles apart. My divorce is still pending. I will file K1 for my fiance of 1 year immediately after I receive the final divorce decree. Will this be held against us? Is there a minimum wait time? There's no minimum wait time. If you're both eligible to marry then you can file a petition. Whether it will be an issue depends on the consulate, and also on the circumstances. Is your ex-wife an immigrant? Did she immigrate through marriage to you? If the answer to these questions is "yes" then they'll either conclude you have a penchant for foreign women, or perhaps you're easily manipulated into helping people immigrate, or maybe that you're not being manipulated at all but are a willing participant. Some consulates can get anxious about a recent divorce because it can be an indicator of a particular type of visa fraud. There are different scenarios they might suspect, depending on whether the petitioner or beneficiary is recently divorced. If the petitioner is recently divorced then the scenario they might suspect is that the petitioner was recruited to help the beneficiary immigrate, and only obtained the divorce temporarily so that they could qualify to petition for a fiancee or spouse. One of the indicators they'll look for is any sort of connection between the petitioner and family members of the beneficiary's in the US. Another is if the petitioner made multiple trips to visit the beneficiary, or sent regular remittances to the beneficiary, but the petitioner has low income that barely qualifies them as a sponsor. This makes it look like the beneficiary's family is helping to fund the process, and providing money to help gather the necessary evidence, and possibly even paying the petitioner for their "services". They'll also look to see if there's any ongoing relationship between the petitioner and their ex-spouse, such as if they are still living in the same house. If the beneficiary is recently divorced then the scenario they might suspect is that the beneficiary is playing the petitioner to get a visa, and intends to drop them like a hot potato once their immigration status is secured. At that point, they'll remarry the previous spouse and petition for them. Their level of suspicion rises if the beneficiary filed for divorce after meeting the petitioner. They'll also look for evidence that the beneficiary still has a relationship with their ex-spouse. Both of these scenarios are very common in some countries, and practically unheard of in some others. I'd say the Philippines probably falls somewhere in the middle.	JimVaPhuong	Male	Vietnam	2012-01-27 01:07:00
K-1 Fiance(e) Visa Process & Procedures	Am I gona get an RFE?!	wow I just read the similar topic and started shaking, I checked "Three or more convictions for crimes related to a controlled substance..." in part C question 2 and i only had court papers for 2 of them, the third one was not on file since it was a long time ago, but I had that clarified in a letter of explanation (all 3 relating to DUI) But im about to start freaking out now, am i gona get an RFE for that? S.O.S There's a good chance you'll get an RFE. The IMBRA requires court and police records. Not personal statements.	JimVaPhuong	Male	Vietnam	2012-01-31 01:57:00
K-1 Fiance(e) Visa Process & Procedures	Tourist visa denied!	WHERES THE BEEF ? http://www.***remove...sa-refusal.html Linking to that particular site isn't allowed on VJ, so it was auto-censored. Ok, 9 FAM 41.21 does generally require that a consular officer provide written notice to a visa applicant explaining why their visa was denied, in accordance with INA 212(b)(1). However, INA 212(b)(2) and INA 212(b)(3) provide a huge caveat here. INA 212(b)(2) says that the Secretary of State (meaning, by inference, the Department of State and it's employees) can waive this requirement for any individual alien, any single class of alien, or multiple classes of aliens, entirely at their discretion. INA 212(b)(3) says that the written notice requirement does not apply to someone who is denied under INA 212(a)(2) and INA 212(a)(3), which covers most of the criminal and security grounds. The real catch-all here is INA 212(b)(2), which basically allows a consular officer the discretion to decide whether to produce a written explanation of the denial for any individual alien.	JimVaPhuong	Male	Vietnam	2012-02-02 07:57:00
K-1 Fiance(e) Visa Process & Procedures	How to be eligibile for K-1 visa to be approved?	Hi, everyone. new guy here. So my concern on applying for a K-1 visa is how can I become eligilbe? I mean, the requirements are there, and I mostly got everything i need but how do they determine if I am eligible? Do they look at my income,credit history, background? If they do, how much should i earn to be eligible? anything else i should know or have to be eligible the first time i apply? Are you a US citizen? Have you never been convicted of a crime that would fall under the Adam Walsh Act? (Mostly sex crimes involving a minor.) Have you never been convicted of a crime involving immigration law? Have you not had an I-129F petition approved within the past two years, nor submitted two or more I-129F petitions anytime in the past? (Waiver required otherwise.) Do you have a valid fiance/fiancee relationship with a foreigner of the opposite sex? Have you personally met with your fiancee, face-to-face, at some point within the last two years, and can you provide evidence to prove this? Are you committed to marrying your fiancee within 90 days of her arrival in the US? If you can answer "yes" to all of these questions then you should be able to to submit a petition and have it approved. Do you have income of at least 125% of the poverty guidelines for your household size, including your fiancee? Has your fiancee never been convicted of any serious crimes? Does your fiancee not have any communicable diseases that would be a health threat to other people in the US? Has your fiancee never been deported from the US? Has your fiancee not overstayed their lawful status in the US for more than 180 days (within the last 3 years), or overstayed for more than one year (within the last 10 years)? Can your fiancee provide sufficient evidence at an interview to convince a consular officer that your relationship is bona fide? Is your fiancee committed to marrying you within 90 days of her arrival in the US? If you can answer "yes" to all of these questions then your fiancee has a good shot at getting a visa once your petition is approved. Edited by JimVaPhuong, 01 February 2012 - 12:27 AM.	JimVaPhuong	Male	Vietnam	2012-02-01 00:26:00
K-1 Fiance(e) Visa Process & Procedures	1-864 Help: My Beneficiary didn't receive an income tax return last year	Common mistake. Many newcomers to the US get confused between a tax return and a tax refund.	JimVaPhuong	Male	Vietnam	2012-02-05 02:34:00
K-1 Fiance(e) Visa Process & Procedures	Proof together in past two years	Oh also I had made a mistake in writing What I ment to say was ... The two years starts exactly 2 years prior from the date they look at the file. Two years backward from the day the petition is submitted, which is the day the petitioner signs the petition. Since my daughter is a us citizen... She doesn't need a visa to go live right? No. A US citizen never needs a visa to enter the United States. They do, however, need a US passport.	JimVaPhuong	Male	Vietnam	2012-02-05 02:30:00
K-1 Fiance(e) Visa Process & Procedures	Proof together in past two years	I think you misunderstood some things. When it comes to the 2 year thing - it means that within the last two years you two saw each other. You could have know the guy for 8 years - but for the last two years you two should have seen each other. That's the rule for the two year period! Just think it through. I noticed that the post before mine is confused as well. Yes, this is precisely why I said last met face-to-face. I didn't say first met face-to-face. It doesn't matter when you first met. It only matters that the last time you met was within two years prior to filing the petition. What is a CRBA first of all??? I'm assuming your child was born in Canada... CRBA is Consular Report of Birth Abroad. Your child is not eligible for a visa to the United States because your child has a claim to US citizenship by virtue of the fact that one of it's parents is a US citizen. You will need to obtain a US passport for the child. This is done by registering the child's birth at a US consulate in Canada. Ok so a little more clairifying ... The two years starts when they look at my file??? I know I'll be cutting it close but I don't have many pictures of us actually together in the same picture... I have pictures like.. I took a pic of him with baby then he took a pic of me with baby... But that's no good at all even I know hat. The two years ENDS when the petition is submitted. It begins precisely two years prior to that. They'll briefly look at it when they receive it, just to make sure the obvious stuff has been included and the payment is correct. After that, they won't look at it again for months while it waits in line behind the other petitions that have already been submitted. What you need are primary and secondary evidence. Primary evidence is credible evidence from a third party that you were both in the same place at the same time. Primary evidence is intended to prove where you were and when you were there. Most people use stuff like airline boarding passes and entry stamps in their passport. You could use credit card or ATM receipts that prove you were in the United States on the day you claim to have been here. Secondary evidence proves you were together when you were in the same place at the same time. Photos are usually sufficient for this. Obviously, you must both appear in the photo. You should also write on the photo the date it was taken, where it was taken, and who appears in it. You don't need a pile of either sort of evidence. A few pieces of both is usually sufficient. While they are very strict about the two year meeting requirement, they are also practical. They're less likely to suspect someone from Canada is lying about this given the relative ease with which Canadians can visit the US. A couple of receipts and a couple of photos should be enough.	JimVaPhuong	Male	Vietnam	2012-02-04 11:28:00
K-1 Fiance(e) Visa Process & Procedures	Proof together in past two years	Yeah, right now I'm just trying to find the right kind of evidence for us.. I don't want to waste any space with unimportant papers... A few bits of evidence scattered throughout the last 2 years is exactly what I'm looking for... But the problem is when does the 2 years start? From now when I'm getting all this stuff together?? When they recieve the file? When I send it? I would like to include daughters birth certificate and hospital photos but I'm not sure if I'll have this sent out by her 2nd birthday at the end of the month... Would it matter if it's just over the 2 year time frame by the time it is sent? Are they that picky?? The two years runs backward from the date the petition is submitted to USCIS. If the evidence shows you last met face-to-face two years and one day before that they WILL deny the petition. They really ARE that picky. Have you filed a CRBA for the baby?	JimVaPhuong	Male	Vietnam	2012-02-04 00:05:00
K-1 Fiance(e) Visa Process & Procedures	O...M....G....	Yes, but unfortunately I bought the cable at Walmart and the quality was so poor that it wouldn't convey data. On a more serious note, I'm going to the USCIS office today at lunch to see what they can tell me (if anything) about what in the world may be producing issues in Section C of the petition. Like I said, I have never served in the military and I have never been convicted of a crime of any sort. Hopefully, there is a person there that the Universe will direct me to that has a sweet and caring personality and feels like being as helpful as possible on a Friday afternoon Jamie Your name might have come up in a background check for a DV case or something similar, and they might want to know why you didn't declare it for the IMBRA requirements. I saw something similar happen to someone else. They'd had a big blow-up fight during their prior divorce. DV charges were filed, but were later dismissed for lack of evidence. USCIS found out that charges had been filed, but didn't know the disposition of the case, so they wanted court documents in order to determine if an IMBRA disclosure requirement needed to be met. You'll know more when you get the hardcopy RFE.	JimVaPhuong	Male	Vietnam	2012-01-20 10:57:00
K-1 Fiance(e) Visa Process & Procedures	O...M....G....	I have new information from the NVC regarding this case that is even more confusing... the lady told me this morning that she didn't have the specifics, but it was noted that the petition was returned due to something with Section C. Which is so weird because I have NEVER been in the military and I have NEVER been convicted of a crime of ANY kind - much less the ones they are describing on the form. Called my attorney today and he verified that we checked off the "No" box. What in the world is going on??? Geez. How does one talk to an actual person at the USCIS? I called this morning and nothing in the menu gave me an option to speak to an actual person. Why are you asking your attorney about this? Don't you have a copy of the petition that was sent to USCIS?	JimVaPhuong	Male	Vietnam	2012-01-19 11:06:00
K-1 Fiance(e) Visa Process & Procedures	Apply for waiver??	letter states "Since the petitioner has filed two or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of this petition, the petitioner must apply for a waiver" is the petitioner considered us together? I have never petitioned anyone in the past.!!! BUT my girlfriend was petitioned by another guy about 22 months before(approval 10/27/09).. I petitioned her.. (08/09/2011) her previous petitioner walked away from the relationship and no visa was ever issued. so I am asking.. what do they want from me?? Are they holding it against us because she was petitioned before? do they want a letter stating what happened to her last relationship?? plus they are asking me to submit passport photos.. I clearly had them in a bag attached.. whats the deal?? You got an RFE for a waiver request, but you've never filed an I-129F before? How did you answer part A, question 11 on the I-129F? The multiple filing limits apply only to the US citizen petitioner. They don't apply to the beneficiary. However, having been the beneficiary of multiple K1 petitions over the course of less than two years is certainly a subject that could be an issue at her visa interview. I would respond to the RFE with an explanation that you've never submitted an I-129F before, for this or any other beneficiary, and therefore aren't subject to the multiple filing limitations. If you accidentally answered yes to part A, question 11, then tell them that this was a mistake. I'd sign the letter in front of a notary. Regarding the passport pictures, are they asking for passport style photos like the ones required with the G-325A, or are they asking for photocopies of your PASSPORT? If you sent any photocopies of pages in your passport then you should have also sent a copy of the bio page from your passport. If you were using the passport as proof of US citizenship then you should have sent a copy of every page. Edited by JimVaPhuong, 06 February 2012 - 11:07 AM.	JimVaPhuong	Male	Vietnam	2012-02-06 11:05:00
K-1 Fiance(e) Visa Process & Procedures	How long would it take for you to know if you get an RFE?	After they send you the hard copy of NOA1 (which basically tells you that they received your application) they will send you another letter that will state eighter "approved" or RFE. This second notice may take 2, 3 ,4 or even 5 months from the day you got your NOA1 , or less, every case is different, some cases are processed faster , others- slower. Between the first notise and the second notice the mmigration services are doing a background check of you and your fiance, and it takes time. You just be patient, dont think of RFE , the second notice will eventually come , it is just hectic to wait, but it is what it is... Anyway, wellcome to VJ Actually, between the first notice and the second notice your petition is sitting in a box with a bunch of other petitions, in a room full of boxes containing petitions. Nobody is doing anything with it. It's just waiting it's turn to be reviewed by an adjudicator. The background and security checks usually aren't started until an adjudicator pulls the petition, and it usually doesn't take very long. The adjudicator just runs the bio information for the petitioner and beneficiary through several law enforcement and security databases.	JimVaPhuong	Male	Vietnam	2012-02-08 09:54:00