Forum	Title	Content	Member	Sex	Country	Date/Time
K-1 Fiance(e) Visa Process & Procedures	RECEIVED RFE NEED HELP!	Hi well the long wait ended up with an RFE from Vermont Service Center. The RFE stated that my fiancee and I need more evidence proving our relationship between the period of August 20, 2009 and August 20, 2011. The RFE asks for things like copies of passport stamps, travel itineraries, affidavits from friends and family and also photos. Seeing that we both live on the US-Canadian Boarder here in Buffalo, New York our passports do not get stamped when we drive across the boarder to see each other nor would we need air travel to spend time together. I have put together 4 signed affidavits from friends and neighbors saying that they have seen us together and that they know that we both travel back and forth across the boarder. (About five days or so a week we see each other). I also have a few photos (About 5) of us during that timeframe. We as well went on a cruise to the Bahamas the first week in November of this year and I have plane tickets and photos from this. Is this enough for the RFE? Am I worrying too much? Any help would really be appreciated! It's not proof of your relationship they're asking for. USCIS doesn't really care about your relationship. What they want is proof that you've physically met each other sometime during the two year window before you sent the petition. This is a fundamental requirement for the I-129F petition. You must be able to prove you met this requirement at the time the petition was submitted. Evidence from your cruise is worthless because the cruise happened after you sent the petition. People misunderstand this requirement all the time. Some people think it means they must have known each other for at least two years. Other people think it means they must have physically met for the first time during that two year period. Neither of these is correct. The requirement is simple - you must have been physically in each other's presence sometime during the two year period immediately before the petition was submitted, and you must submit proof that you met this requirement. The purpose is to prevent someone from submitting a petition for someone they haven't physically seen for a long time, or someone whom they've never physically met. The proof usually must consist of primary and secondary evidence. Primary evidence comes from a credible third party who has no personal interest in whether or not your petition is approved - boarding passes, passport stamps, hotel or credit card receipts - some sort of physical evidence that you were in the same place at the same time. Secondary evidence supports the primary evidence by showing that you were together when you were in the same place - photographs, affidavits from friends and family, etc. What you included with the petition is not sufficient. Photos are secondary evidence. Printouts of Facebook pages do not prove that you were together. Personal statements show your intent to marry, which is another requirement, but they don't prove you were together. You didn't submit any primary evidence, so you need to find some and submit it. Again, it won't do any good to collect new evidence now to respond to the RFE. You have to prove you met the requirement when the petition was submitted. You and your fiancee need to put your heads together and see what sort of records you've got.	JimVaPhuong	Male	Vietnam	2011-12-23 02:06:00
K-1 Fiance(e) Visa Process & Procedures	Musings on RFE	Ok. So I've been watching Igor's list, and chatting with other friends on here, and it doesn't appear that any RFE's have been processed in December at all by the CSC. Being one of those with a response that was received in December, I am just curious as to why. Do you think they just do all the RFE responses on one day, knocking them out? What's your thoughts/opinions. Do they have an RFE day, or do they wait for the trained monkey to deliver it in return for a bite of banana? Maybe it's the December flu. Gotta use them sick days before the first of the year. No better time than the holiday season, especially when there aren't any tourists on the beaches and the Santa Ana winds are kicking up the surf in Dana Point! Seriously, I think this is the third year in a row I've seen someone post about a December slowdown at CSC. I'm beginning to think this is just the way they operate there.	JimVaPhuong	Male	Vietnam	2011-12-27 10:25:00
K-1 Fiance(e) Visa Process & Procedures	Concerned	I have read that the USCIS processes in order of receiving, Yes and no. They put the petitions into boxes in the order received, and those boxes are lined up chronologically. When an adjudicator is ready for more petitions they pull the next box on the shelf. After that, practically anything can happen. Some adjudicators work faster than others. Some adjudicators end up spending a lot more time on one box because one or two petitions are extraordinarily difficult and slow them down. They might not set a difficult petition aside until they reach a point where they're waiting for information from another government agency or a response to an RFE from the petitioner, which slows down processing of the other petitions in the same box. In short, one adjudicator could be working on petitions in one box while other adjudicators are working on petitions that were received weeks or months later. If your petition happens to be one of the difficult ones then it could end up being set aside pending the receipt of additional information while other petitions are processed and approved. They do sometimes lose petitions. They also sometimes misplace evidence that should be with the petition. There's not a heckuva lot you can do. Put in a service request when you're outside the normal processing window. Contact your congressional representative's office if they take too long to respond. Keep yourself occupied while you're waiting. If they lose the petition then they'll eventually admit it.	JimVaPhuong	Male	Vietnam	2011-12-24 10:32:00
K-1 Fiance(e) Visa Process & Procedures	Starting our K-1 process. Need a little help!	Hi everyone! I've been lurking around for a few weeks and finally registrated. My fiance got his American citizenship this year and are petitioning for for me and our son. I've read a lot here and found great(and overwhelming)information, but I still have a few questions I hope you can help me with:) 1. I lived in the US for one year in 1998-99, worked as an au-pair. Do I need a police record from the states? And if I do, how can I obtain it when I'm not there? 2. My fiance will need to apply for a K-1 for me. He also need to apply for a I-130 for our child. Will they process these appliactions together? Our child will be listed in mye petition to, but can't get a K-3 visa. I'm so confused as to how we should handle this. Any advice? I also read that our child is entitled to an American citizenship, but I'm not sure if we want that since my country does not allow dual citizenship.... Thoughts please! 3. I just got a new passport. My old passport is loaded with stamps of all my trips to the US the last ten years. Should I submit copies of my old passport to, even if it's not valid anymore? 4. My fiance makes about 4000 dollars over the poverty guidelines, he doesn't have any other assets. Will this be ok? I have some assets after I sell my apartment, should we include this with the Aof support? I don't know how, but some sort of evidence of this. I know I'm thinking ahead, but this is really bothering me:) Hope someone can help:) 1. Police certificates from the US are not available and not required. USCIS and Department of State have access to multiple law enforcement databases in the US. If you have a criminal record in the US then they can easily find out about it. Therefore, you are specifically not required to get a police certificate for the US. 2. Your child would be eligible for citizenship at birth only if his father was a US citizen when he was born, and if his father also met the residency requirements. However, your child WILL be eligible for a K2 derivative visa. Your fiance does not need to submit an I-130. The child will be eligible for automatic citizenship when it has been admitted to the United States for permanent residency; i.e., when it receives a green card in the US. BTW, the US also does not recognize dual citizenship. My understanding of Norwegian law is that your child will lose it's Norwegian citizenship if it becomes a US citizen. Your child may also lose it's Norwegian citizenship if it leaves Norway with less than two years of residency there. 3. Copies of your passport are not required with the petition. The consulate may want to see your old passport at the interview, if for no other reason than to confirm you've provided police certificates from the appropriate countries. 4. Are you including your child in the household size numbers? Many people have been approved who cleared the minimum threshold by lesser amounts. I think you'll be ok. Some consulates will consider assets of the intending immigrant for a K visa if they are sufficient for the immigrant to self-sponsor. Most won't consider them because the I-134 doesn't provide a way for them to be considered. It would be different if you were already married and your husband were submitting an I-864.	JimVaPhuong	Male	Vietnam	2011-12-28 08:30:00
K-1 Fiance(e) Visa Process & Procedures	Fiance visa sent back	Hello my name is Erika Rousseau. I have been with my fiancé since 09 and I apply for him in 2010 everything was going fine until I started listening to others and we had a falling out. So I did what is the biggest mistake of my life. I call our relationship off, I cancel his visa. I wrote a letter telling them I was not going to be liable for him if they give it to him. Well now we are back together and the case is sent back to uscis on November 1st it says I have to wait 180 days until I get info. I want to reopen this case I don't know what to do who to talk to. Plz I am begging offers me done advice. What should I be doing I can't wait a 180 days feel like eternity. Help If you actually withdrew the petition then it will simply be closed by USCIS "without prejudice". At that point it would practically take an act of God to get it reopened. USCIS will simply tell you that the petition has been closed and that you're free to file another one. I agree. It will be faster to file a new petition. You can expect the fact that the first petition was withdrawn by you to be an issue at his visa interview. What exactly did you say in the letter you sent when you withdrew the petition? What country is your fiance in?	JimVaPhuong	Male	Vietnam	2011-12-29 13:05:00
K-1 Fiance(e) Visa Process & Procedures	I-134 affidavit of support	First, do NOT pay any attention to the I-134 form instructions. The form and it's instructions were written by INS years ago, but their successor USCIS never uses it anymore. Consulates still use it for screening some non-immigrant visa applicants (like K1's) for the public charge requirement. The only instructions that count are the ones from the consulate. If you follow the instructions that come with the form then you'll be left with the impression that you only need to submit your latest tax return if you're self employed, but nearly EVERY consulate will want that latest tax return. About transcripts - I've never heard of a consulate that won't accept IRS tax return transcripts instead of a copy of your tax return. Some consulates, including the one where my wife interviewed, clearly state in their instructions that they PREFER IRS transcripts, but will accept a copy of the tax return at the consular officer's discretion. Their exact wording in packet 4 is: The preferred record of income is the Complete Income Tax Return Transcript from the Internal Revenue Service (IRS) (formerly IRS Form 1722). However, W-2s and/or a certified copy of a complete federal tax return (Form 1040), including all pertinent schedules, might be acceptable in some cases. Carefully read the packet you get from the consulate. If they specifically request transcripts (like the consulate in HCMC does) then get transcripts and submit them. You'll save yourself a lot of potential headaches. You don't need to include W2's or any other tax related documents with the transcripts. About copies of your tax return - Nobody has their original tax return. If you filed a paper tax return then you sent the original to the IRS, and the only thing you could possibly have is a copy. If you filed electronically, like most people do, then there IS no original return. If you're going to provide a copy of your tax return then make sure it's signed and dated. Include every page you submitted to the IRS, or would have submitted if you'd filed a paper return. This means every form, schedule, and supporting document (W2's, 1099's, etc.). If you filed electronically then the IRS should have given you a "declaration control number" when you filed. USCIS prefers you include that number with the tax return copy you submit, so it wouldn't hurt to presume that the consulate prefers it as well. About bank statements - You don't need to submit these unless you're self employed, or you're including assets in your bank accounts to help you qualify. If you've got sufficient income to qualify then bank statements are not needed.	JimVaPhuong	Male	Vietnam	2011-12-26 02:05:00
K-1 Fiance(e) Visa Process & Procedures	Fiance Visa	Hi original poster here. Thanks to everyone for the quick responses. I made a mistake on the first question I asked: <i>1. I have not yet met my fiance, we met through a friend (its her cousin and the friend lives in America). I do plan on going to visit her this summer (May 2012). On the application, will it be an issue if we haven't met but plan to this summer?</i> I meant to say, would it be an issue if we haven't met again to be engaged face to face, but plan to this summer. We met on my first trip to Vietnam (through her cousin, who is in america now on a student visa) and have been skyping/facebooking since. The issue I think I might have from reading everything is the income. Her mom immigrated her and she has many relatives so getting a co-sponsor wouldn't be an issue. I'm a full time student (older non-traditional student), I have my first degree and work history. But as of now, the only income I can show is financial aid. She has applied for an immigration visa to the U.S. this was before we met. They told her it would be 3 year (down to 2 years now). Thanks for the help. All right, brass tacks then... How many times have you been to Vietnam? How long has it been since your last trip? Are you planning on having a formal Dam Hoi ceremony and party? As I said, the consulate in HCMC rarely accepts joint sponsors for K visas. If you're going to continue to be a student for the foreseeable future then you should probably go ahead and get married in Vietnam and file for a spousal visa. You'll be able to use a joint sponsor then, and the consulate won't have the discretion to deny it. Be prepared to spend several weeks in Vietnam to complete the marriage. It's somewhat complicated when a foreigner marries a VN national.	JimVaPhuong	Male	Vietnam	2011-12-29 13:36:00
K-1 Fiance(e) Visa Process & Procedures	Fiance Visa	1. I have not yet met my fiance, we met through a friend (its her cousin and the friend lives in America). I do plan on going to visit her this summer (May 2012). On the application, will it be an issue if we haven't met but plan to this summer? As others have already said, your petition will be denied unless you've physically met each other sometime within the two year period before you filed. The only exceptions are if you can prove it that it would violate long standing social or religious customs for you to meet before marrying (this would never be approved for an applicant in Vietnam), or you can prove it's physically impossible for you to meet (e.g., you're in an iron lung machine and she's tried and failed to get a visitor's visa to the US multiple times). You must physically meet before filing an I-129F petition. Since your fiancee is in Vietnam then I strongly suggest you make at least two or three trips and have a proper traditional Dam Hoi engagement ceremony and party before you send the petition. If you send the petition after only one trip, and either have the engagement ceremony on the first trip or don't have the ceremony at all, then you can expect this to be a major issue at her visa interview. Please read the I-129F form instructions. 2. I am a full-time student, eligible for financial aid, will this be an issue for me or for her in the interview process? You'll need to submit an affidavit of support that your fiancee will give to the consulate before the visa interview. It must demonstrate you have income of at least 125% of the poverty guidelines for your household size, including the intending immigrant. The consulate in HCMC (Saigon) rarely accepts joint sponsors for K visas, but they occasionally make exceptions. 3. the fee is $340, is that correct?, If I submit the application with a fee waiver form/financial hardship (not sure the name) will that negatively impact my chances of getting approved? The fee waiver request form is the I-912. Please read the instructions for this form. http://www.uscis.gov/i-912 Fee waivers are generally not available for any type of petition or application that will require an affidavit of support. The I-129F is not eligible for a fee waiver. Some other information that may or may not be helpful, her mom is currently in the United States and she (my fiance) has applied for an immigration visa in her native country (Vietnam). She did this before we met. What exactly are you saying with this? Did someone in her family petition for her? If so, who sent the petition, and when was it sent? Was the petitioner a US citizen? How old is she now and how old was she when the petition was filed? Applying for a visa means that SHE actually submitted a visa application. For family based immigrant visas this means that the petition has already been approved, the priority date is current (if applicable), and the affidavit of support has already been submitted and accepted. If that's the case then she'll probably get an interview for the immigrant visa before you've even visited her in May. Please give as much detail about this as possible. If she's going to get an immigrant visa soon then there's no point in you filing a petition for her.	JimVaPhuong	Male	Vietnam	2011-12-29 12:49:00
K-1 Fiance(e) Visa Process & Procedures	question about sending in my petition.	haha its okay! no worries! but no im currently taking CNA classes though, and plan on working just part time as a CNA. but i can have a co-sponsor right? and if so what form would they have to fill out? and what would i have to fill out? gosh im so confused. and do i have to send in the I-134 with the petition? because i didnt think i did. You and your joint sponsor will both fill out an I-134. You'll also both submit your most recent tax returns, and evidence of current income. Your joint sponsor will also need to submit proof that they are a US citizen or permanent resident. The I-134 is submitted at the visa interview.	JimVaPhuong	Male	Vietnam	2011-12-31 09:36:00
K-1 Fiance(e) Visa Process & Procedures	question about sending in my petition.	im sorry, not meaning to be rude, but i never once asked question that had anything to do with this. this is the first time i have ever asked about me filing before my birthday, so i am VERY oblivious. so i couldnt even get a notarized note from my mom saying i can marry to help it? and with my birthday being so close do you think they would be okay with it? thanks. According to what I've pulled up from an internet search, in Illinois you need sworn consent from both parents, or whomever is your legal guardian, in order to get married if you're 16 or 17. That consent must be given IN PERSON in the county clerk's office, and the parent's must prove their relationship to the minor child, or the guardian must prove they have guardianship. I presume this is intended to prevent someone from forging a signature on a statement, or getting some random adult to present themselves as the person's legal guardian. I wouldn't be surprised if USCIS asked for a declaration from your county clerk's office that both of your parents appeared in their office and gave their sworn consent. Do you really want to go through all of that just to save two weeks?	JimVaPhuong	Male	Vietnam	2011-12-31 09:11:00
K-1 Fiance(e) Visa Process & Procedures	question about sending in my petition.	okay so im 17, and my birthday is January 13, so its only two weeks away. could i send it in now? or do you think they will reject it? im so confused also, my fiance is coming to see me a few days after my birthday, would that be okay? even though when i sent it in only a few weeks prior it says he isnt in the country? and if in the case of them returning it, if he is in the country when i re-send it in, would i have to state that he is in the country? or not? PLEASE HELP You must both be legally able to marry in your state on the date USCIS receives it. If you're legally able to marry at age 17 then you can send the petition. If you need parental consent to marry at age 17 then you can send the petition along with a notarized letter of consent from your parent. If that isn't going to happen, are you just don't want to bother with it, then just wait until you're 18. If he's in the country at the time you send the petition then say so on question 12. Don't ever lie on any form or document you give to the US government in this process. It can come back to bite you hard. Write "WHTI" in the box for question 12 - it means "Western Hemisphere Travel Initiative", which is the program that Canadians use to visit the US without a visa. This will explain why you aren't providing an I-94 number in the boxes below that. Canadians don't get an I-94 unless they're entering the US with a visa.	JimVaPhuong	Male	Vietnam	2011-12-31 08:55:00
K-1 Fiance(e) Visa Process & Procedures	About Lawyers	I agree with your response. Our lawyer while free to practice any type of law he/she wishes...criminal, tort, accidents etc., strictly practices immigration law. At the end of the day, hiring or not hiring a lawyer is a personal choice. Our lawyer also charged a flat fee and I have nothing but good things to say about his/her assistance. I'm able to talk to our lawyer most whenever I want and he/she is very responsive to my concerns. I was even given their personal cell phone number in case something came up that I wished to address or get clarification on. Indeed, while I'm sure my fiance and I could have adequately filled out all the required forms and met all the requirements, we chose to have someone with more experience help us. It's great that VJ offers the resources to assist those with a particular visa need etc. As a federal law-enforcement employee, (CBP) I couldn't take the chance that there might be any appearance of a conflict of interest whatsoever. A CBP officer? Really? How about some inside advice on how to avoid the dreaded "secondary inspection"... As an example: If I were having difficulties with my vehicle's transmission, I'm sure I could get all the repair manuals, rent the proper equipment, and in due time repair my the transmission at a fraction of the cost in the hope that I would complete the job well. Or, I could have taken it to a reputable shop that specialized in only repairing transmissions; that's what we chose to do. (Hire a lawyer with specific/specialized skills) Like anything else, we did our research in retaining our lawyer but in the end anything he/she submitted on our behalf was approved by my fiance and I. It's a personal choice and we had fantastic luck with our lawyer. That's just my two cents. I hope that no one flames on me for expressing myself. Not really a fair comparison. Transmissions have become so complicated that the equipment and tools you'd need to repair one would cost more than paying a professional to do it for you. I remember when a transmission was basically a box full of gears and linkages. These days everything is controlled by a computer and bunch of hydraulic valves. I recently got my tranny overhauled (cost over $5K). The tranny shop was the best in the area, but even they didn't have the equipment to update the software in the tranny computer. It had to go back to the dealer for that. A glitch in that software ended up costing me a broken axle. That was fortunately covered by the tranny shop's warranty, but they ended up arguing with the dealer over reimbursement. It sounds like you approached hiring an attorney the right way. Do your research so you have a reasonable idea what you're asking them to do, and be actively involved in your case so you'll know if they're doing it right. I consulted with an attorney before filing the petition. They gave me some good insight on what to frontload with the petition that would help address the potential red flags that might come up at the consulate. I hired that attorney's associate for document and interview prep before the interview in my wife's country. The extra help ended up being unnecessary as her interview was only four questions, but the "professional help" made her feel less stressed about the interview.	JimVaPhuong	Male	Vietnam	2011-12-31 09:32:00
K-1 Fiance(e) Visa Process & Procedures	Help my employment won't provide a letter stating salary for I-134 affidavit of support	Hehehe.. no problem.. it's always good to have disagreements to come out with more information. But I know the "to follow" Phrase on I-134 is the one that is confusing but this is the meaning of the "to follow" phrase: This is a quote from K1/K2 Visa Applicant instructions for the Philippines: Minor children who are identified and listed in the approved I-129F petition may follow-to-join their petitioned parent. However, such follow-to-join K2 visas can only be issued within one year from the time the parent was issued the K1 visa. After one (1) year, they will no longer be able to derive immigration benefits from the I-129F petition and you or your spouse will have to file an immediate relative or second preference petition for them to qualify again for immigration benefits. My interpretation is that, since I-134 was executed to make sure that an immigrant will not be of public charge in US, there's no way, US immigration would count a person as a petitioner's household size when they are still outside US and if they can't derive a K2 visa from the K1 Visa applicant. They are only supposed to count intending immigrants in the household size. However, with an I-134, the CO has discretion to count whatever they want to count. In this case, I wouldn't be surprised if they counted her kids, even if they don't submit visa applications for them or indicate that they will be following to join. The thing is that the CO could deny for the public charge requirement without specifically saying that they counted her kids in the sponsor's household size. Also, the stipulation that the children must have been listed on the I-129F in order to be eligible for a K2 visa is neither a matter of law nor a matter of DoS policy. There's nothing in the Foreign Affairs Manual that states that a child of the beneficiary must be listed on the petition in order to be eligible for derivative status, and the INA specifically states that no petition is required for derivatives. This stipulation is only a general requirement of the consulate in Manila, and they have been known to make exceptions to this. The main thing they're concerned about when a petitioner doesn't list all of the beneficiary's children is that the beneficiary may have been hiding those children from the petitioner. When the K1 visa is issued then the children become statutorily eligible for a K2, even if they weren't listed on the petition. They don't want the petitioner thinking that they are bringing only a new bride to the US and then an entire family meets them at the airport. There have been cases on VJ where a petitioner didn't understand that the I-129F requires all of the beneficiary's children to be listed, and they erroneously thought that only the children who would be immigrating right away should be listed. The CO's in Manila subsequently issued a blue slip to the beneficiary at the interview requesting a notarized statement from the petitioner regarding the beneficiary's children. If the petitioner stated that they were aware of the beneficiary's children when they filed the petition then the CO would approve the K1 and issue the K2 visas. If the petitioner responded "Kids? What Kids?" then the K1 would be denied by the CO for the discretionary decision that the relationship was primarily to evade immigration law.	JimVaPhuong	Male	Vietnam	2012-01-01 02:29:00
K-1 Fiance(e) Visa Process & Procedures	Help my employment won't provide a letter stating salary for I-134 affidavit of support	The embassy in Manila usually doesn't accept joint sponsors for K visas. The circumstances where they make an exception seem to be when the petitioner has a good reason for not having sufficient current income (they're a full-time student, for example), they have good potential for future earnings (they're about the graduate, for example), and the joint sponsor is a close relative of either the petitioner or the beneficiary (good chance the joint sponsor will come forward and sign an I-864 when the time comes). If you're working a part time job because it's the best you can get then that won't look like a good reason for not having sufficient current income, nor will it help with potential for future earnings. Military personnel have a lower income standard to meet, but only if they're on active duty. A reservist who isn't on active duty will have to meet the same income threshold as everyone else - 125% of the poverty guidelines. About the only thing you have going for you is that your joint sponsor is your sister. If you're denied for the public charge requirement then you may have to go to the Philippines and marry your fiancee. They always accept joint sponsors for spousal visas.	JimVaPhuong	Male	Vietnam	2011-12-31 01:40:00
K-1 Fiance(e) Visa Process & Procedures	The worst period of waiting....	Waiting for the NOA2 wasn't that bad for me. I never had any doubt the petition would be approved. I knew it would still be months after receiving the NOA2 before my wife would be able to come to the US, and I knew I would still make at least two more trips to see her before then. The worst wait for me was the five hours I spent standing across the street from the consulate in Saigon. That was the longest five hours of my entire life.	JimVaPhuong	Male	Vietnam	2012-01-03 02:12:00
K-1 Fiance(e) Visa Process & Procedures	K2 Question	My 3 year old daughter is an Ecuadorian citizen can she come under a K2 visa even if her father is a US citizen and he will not do her citizenship, someone just told me this: "...and you represent her as NOT American that is visa fraud and you could be barred from the country in the future." I just dont understand because she is ecuadorian she is not a US citizen and I dont even know how to contact her father he does not have anything to do with his daughter and I have sole custody. A child born anywhere in the world with one biological parent who is a US citizen will usually have a claim to US citizenship. There are two exceptions; if the parent wasn't a US citizen at the time the child was born, or if the US citizen parent didn't meet the US residency requirements to pass citizenship to a foreign born child. A child's claim to US citizenship is dependent only on their having a qualified US citizen as a biological parent. It isn't dependent on that US citizen parent's permission for the child to become a US citizen. The US citizen parent does not have the power or authority to withhold citizenship from the child. However, it can be dramatically more difficult to prove the child's claim to US citizenship if the US citizen parent won't cooperate. Most US consulates will not issue a visa to a child who has a claim to US citizenship. They will instead insist on the child's claim to citizenship being processed, and the child receiving a US passport. They may make an exception if the US citizen parent will not cooperate. For example, if he claims he's not the child's parent then the US consulate is powerless to compel him to prove otherwise. Only a court in the US could do that, and I doubt the consulate is going to make you file a paternity case against him just so you can get a US passport for your daughter. In fact, in some US states that would be impossible because you'd have to be physically present in the state to file the lawsuit. Send an email to the consulate and explain your situation. Just don't lie on any documents or forms you submit to them.	JimVaPhuong	Male	Vietnam	2012-01-03 02:51:00
K-1 Fiance(e) Visa Process & Procedures	Reporting visa fraud	You take UKR and I will take Belarus. Don't know why so many guys go to Asia when there are these great women in RUB ! ( sure some one will answer this for me) It's the eyes.	JimVaPhuong	Male	Vietnam	2012-01-02 01:13:00
K-1 Fiance(e) Visa Process & Procedures	Reporting visa fraud	I agree, fraud was probably the wrong terminology. She duped me. I never followed through with the petition because I didn't get all the info I needed from her. The other guy filed the visa. My thought was that the USCIS might take an interest in this and deny the visa based on her character. Or do they not concern themselves with such things? As for the guy in Florida, he may be in on it, I don't know. I am in the process of getting all his information. If she never lied to the US government then there's been no fraud. Sucks, though. This happens to a lot of guys, and it's usually about milking them for some cash. If you find out that the guy in Florida doesn't know about this then you should tell him. If he knows what kind of woman he's hooking up with then I'd be surprised if he decided to go through with it.	JimVaPhuong	Male	Vietnam	2011-12-29 14:16:00
K-1 Fiance(e) Visa Process & Procedures	K1 visa denial. relationship for immigration purpose. badly depressed,	this should'nt be so, because me and my now husband met lived, got engaged and had a baby before he was legally divorce and he filed the k1 one month after his divorce. however, i was asked about this in my interview and i told the co that they had been seperated from 2007 but the divorce was'nt finalized till 2010. he asked me no further questions and i was granted my visa. so this should'nt be an excuse to deny you You're not a male beneficiary in Nigeria. There's a world of difference between the US consulate in your country and the one in Nigeria.	JimVaPhuong	Male	Vietnam	2011-11-20 03:07:00
K-1 Fiance(e) Visa Process & Procedures	K1 visa denial. relationship for immigration purpose. badly depressed,	Anyone that have the same problem. please let me know what i can do..... i m so hurt. At this point, all you can do is wait. The petition will eventually get back to USCIS. What they do with it will depend on the service center. The California Service Center usually just allows returned petitions to expire if the visa was denied for a discretionary reason. In that case, your fiancee can file another petition. The Vermont Service Center usually readjudicates returned petitions. That can take weeks or months to complete. If they disagree with the consulate then they'll reaffirm the approval and the petition will go back to the consulate for another interview. If they agree with the consulate then they'll send a Notice Of Intent to Revoke (NOIR) to your fiancee. She'll have to respond to that notice with evidence in order to prevent USCIS from revoking the approval of the petition. Now, let's look at some of the other things you wrote: The CO told me that my fiancee was still legally married when we met so he gave me a blue slip explaining that... This has already been mentioned, but Lagos is considered to be a "high fraud" consulate. It's certainly not the only one. My wife went through the consulate in Ho Chi Minh City, Vietnam, and that's also considered a "high fraud" consulate. Whether you like it or not, your relationship is going to be weighed against the many fraudulent relationships the consulate sees every day. In many countries it is considered culturally inappropriate for someone to begin a relationship while they're still married, even if their marriage is on the rocks. This is a "red flag" at the consulate in Lagos. It would also be a "red flag" at the consulate in HCMC, Casablanca, Guangzhou, and most of the consulates in the Middle East and North Africa. Thanks for your advice.. it states on the divorce that they have been separated for more than one year, which was in 2007. so why dont the co read that. Anyway, she will be meeting with the congressman. They're not questioning the validity of her divorce. They're questioning whether your relationship is "real". She didn't file for the divorce until after she met you, which makes them suspect you may have manipulated her into divorcing her husband so you could immigrate to the US, or worse... that she may be a cooperative participant in an immigration scam, and may have divorced temporarily so she would be eligible to petition for you. Their concerns are based on many other cases in your country where this has happened. she was the one that filled the divorce. thanks for your suggestion. she is a medical doctor in the united state. And all her family is there, addition she has been living there for 22years. A 22 year old doctor would be extremely rare in the US, so I'm presuming she's an immigrant who has lived in the US for 22 years. Is this correct? Now it's time for the personal questions. How old is she? How old are you? Did she immigrate to the US based on a marriage to a US citizen? There would be additional red flags if there is a substantial age difference between you, or if she immigrated by marriage. As AZ mentioned, there's very little a congressional representative or senator could do right now. Your petition is in limbo awaiting return to USCIS. Once USCIS receives your petition then a congressman could request the status of the case, but not much more. They can't order either Department of State or USCIS to expedite a decision, nor can they order either Department of State or USCIS to change a decision. In fact, a consular officer's decision isn't subject to review by anyone - not even a court judge or the President of the United States. This is done intentionally so that a consular officer cannot be pressured for political reasons. Since your fiancee is a doctor she probably doesn't have a lot of time to do research about immigration. She might want to hire a good immigration attorney to help her.	JimVaPhuong	Male	Vietnam	2011-11-18 08:32:00
K-1 Fiance(e) Visa Process & Procedures	Moving Back... will somebody think about the children...	yeah... if it is legal, the adoption process would be tougher and more expensive than waiting for naturalization with Mommy. It's just hard for us to struggle here when over there we had respectable positions and good money by Cambodian standards. I had friends from all over the world. We thought we could come here and improve everyone's English and save money to start a restaurant in Cambodia, but only the first part of that plan seems realistic. An English BA and Khmer language skills aren't big money makers in the states. My wife has learned that the streets of America aren't actually paved with gold. Unfortunately, you're in the worst part of the worst state for unemployment and cost of living. I live in Northern California, and make a decent living, but I've been at the same company for more than 8 years. In that time I've watched most of the other companies in the same industry leave the area and the state. In the meantime, home values have plummeted, the cost of living has continued to rise, unemployment remains at a record high rate, taxes keep going up while the state's revenues decline, public services are evaporating, and the schools are rapidly decaying. If I lost my job now I'd be screwed. There's a glut of qualified people looking for work, and a severe lack of businesses available to hire them. It's beyond depressing what's happened to this state, and it's going to get worse before it gets better. But California is NOT the United States. There are many places in the US where life is substantially better than Southern California. If you can't stand where you're at then start looking for someplace better. The world doesn't consist only of L.A. and Cambodia. If you can stick it out until your wife has been in the US for three years then she can get her citizenship, and your step-daughter will automatically become a US citizen. After that, you can go anywhere you want. It's only three years out of your life in return for a lifetime of options you wouldn't otherwise have. Give it some thought...	JimVaPhuong	Male	Vietnam	2012-01-01 01:07:00
K-1 Fiance(e) Visa Process & Procedures	ORIGINALS VS SCANNED COPIES during Interview	i will expect that all documents to prove your relationship could be scanned except photographs. I was suprised at the point of interview that those photograph and documents my fiancee submitted during the time we filled the I129 fiancee pertition was sent to lagos and i saw it during my interview. The CO pointed one of the photograh to me and asked me to identify someone from it. i was of the opinion that she want to be sure i know those in the picture and she want to compare my response to what my fiance has already identify on the photograph. Your avidaffit of support will be original signed by your fiancee. if your fiance cannot meet up like you said, i will advise you filled the avidaffit yourself by asking relevant information from yur fiance. The signature part can be signed by you. ( i mean signed her signature). The other documents to support the Avidaffit can then be scaned to you. Make sure you have all your correspondence history, my e.mail records is 100 pages during my interview and to my suprise the CO glance thru the page one after the other. after that she asked for the call records which i also gave her. Your fiancee can as well scanned her call record to you. in my case, my fiancee did not have a call record because her telephone company shred them out every 3 months, i have to provide a call record form the Starcome which i use. Stacome is the best in Nigeria that will give you your call record without very easy without any street. others like ZAin and MTN are pain in the ####. You will be asked how you met and what attracted you in her. in my case,we met online and i told her i was the one that contacted her first. Just be prepare to answer any question as far as your relationship is concern. I wish you good luck. NO to the bolded part above. Absolutely DO NOT sign her signature on the I-134. It would be far far better to submit a scanned copy of the document she signed. Never ever forge a signature on any contract, especially one you're going to submit to the US government.	JimVaPhuong	Male	Vietnam	2012-01-06 10:29:00
K-1 Fiance(e) Visa Process & Procedures	Fiance Pregnant, Please help!	This adds alot of stress to your situation but now that you are in it, you both had better settle down and just be happy. Everything will be okay. I just did some finger counting on the months and she's going to have that baby there so you best prepare for that. Even if she did get the Visa a month before giving birth, the airlines would likely not let her fly. Sorry for your stress. I hope everything goes well for you but keep a cool head. That's the most important and I too say enjoy your family ! This is true. Most airlines won't let a pregnant woman fly in the last trimester without permission from a doctor, and often won't let them fly in the last month of pregnancy at all. Kelly, I recommend you look into the process for filing a Consular Report of Birth Abroad (CRBA) in Manila. Your child has a claim to US citizenship and will not be eligible for a visa. You have to get a US passport for the child. They sometimes ask for a paternity test in the case where the US citizen is the father and the child is born out of wedlock. I'm not sure what the rules are the Philippines, but most countries require an exit visa issued by the host country for foreign citizens who have no record of entry, which would apply to a child born in the country. It's usually easier to get a native passport in that case. In other words, get a Philippine passport for the child, as well. The child would be leaving the Philippines as a Philippine citizen and entering the US as a US citizen.	JimVaPhuong	Male	Vietnam	2012-01-08 09:54:00
K-1 Fiance(e) Visa Process & Procedures	K-1 - Does a small child who will follow later need to come to my fiance's interview	Hi, My fiance has is interview for his K-1 Visa this month in Ghana. He has a son who is included on his application, but will not accompany my fiance to the states when he leaves. Instead we plan for his son to come later on in the year. Does anyone know if he needs to bring his son to his interview?? His son is 4 years old. Thanks. What exactly does the bolded statement above mean? Does this mean he submitted a visa application to the consulate for his son? Or does this only mean his son was listed on the I-129F petition? If no visa application has been submitted to the consulate then his son does not need to attend the interview. If a visa application was submitted then his son will at least need to pay the visa fee and have the medical, but it's up to the consulate whether or not he needs to attend the interview.	JimVaPhuong	Male	Vietnam	2012-01-07 09:31:00
K-1 Fiance(e) Visa Process & Procedures	Concerning income requirements as the petitioner	And also, would it behoove me to get letters from my employers stating what i truly make? thank you Any reason why the amount you "truly make" is different from the amount on your tax return? I realize that people who get tips often do not report all of their income, but it's still cheating not to report it. It wouldn't be a wise move to tell the IRS that your income is X and then try to prove to a US consulate that your real income is Y.	JimVaPhuong	Male	Vietnam	2012-01-08 10:05:00
K-1 Fiance(e) Visa Process & Procedures	Forms for Affidavit i-134- 1040 and W2 as copy?	Hello! I received the pack 3 today, we were waiting on NOA2 to fill and request the letters from bank and employer for the form i-134 as well as the forms 1040 and W2. The good surprise is, we never got our NOA2, we got on saturday a letter informing the NVC had our approved petition, and today at early morning we got the pack 3!!! I have all paperwork ready but that forms named above. My question is, can my fianceé just scan and e-mail me the copies, or ill be request to show the original copies sent by post mail when i go to the intervie? Thx all for the help! Copies of the supporting documents are ok, but the I-134 should have an original signature. Tell your fiancee to contact USCIS to find out what happened to the NOA2. You're going to need it to adjust status and get a green card.	JimVaPhuong	Male	Vietnam	2012-01-09 11:19:00
K-1 Fiance(e) Visa Process & Procedures	K-1 Visa - Things to be aware at customs?	There's usually a CBP officer directing people which line to get in. Tell them your situation and they'll direct you to the line they want you in. I traveled with my wife and step kids from Vietnam. There were a few dozen people in the visitor's line, but only a few people in the citizen's line. I told the CBP officer who was directing traffic that I was a citizen and the people with me were a K1 and two K2's. He sent us to the citizen's line, which was a lot faster. If the CBP officer asks her a question that she doesn't understand then feel free to translate. If she understands then let her respond on her own. Most K1's are not given a hard time by the CBP when entering the US. The most common problems they encounter, like immigrant intent, don't apply to a K1.	JimVaPhuong	Male	Vietnam	2011-12-21 14:49:00
K-1 Fiance(e) Visa Process & Procedures	don't know	no one is muslim in this case. i was just saying that putting people in AP because of a muslin bias sucks. It's not bias. It's the reality of the world we currently live in. There are people who belong to groups that profess to be Muslims, and that would love nothing more than to come to the US and wreak havoc on it's citizens. Obviously, they're not representative of the overwhelming majority of Muslims, but they do exist and the US has to be realistic when dealing with them. If there were Buddhist terrorist groups active in my wife's country then AP for security checks would also be common there. As it is, they screen people from her country for ties to the Communist party. Being a member of either a terrorist organization or the Communist party makes someone inadmissible to the United States. The likelihood of someone belonging to an Islamic terrorist group increases in some Islamic countries, just as the likelihood of someone belonging to the Communist party increases in Communist countries.	JimVaPhuong	Male	Vietnam	2012-01-09 22:46:00
K-1 Fiance(e) Visa Process & Procedures	Not Completing Fiance Visa Process	Ok, so about two years ago, we started the fiance visa process. I (US citizen) ended up moving to my fiance's country while the papers were being processed. Everything went fine and much to our surprise the process went a lot faster than expected. We got called for an interview, but felt that we weren't ready to go to the US yet. We filled out some papers at the US embassy and they said that our interview would be pushed back some months and they would contact us then. Well...they never did. And due to some other circumstances, we never went back to the embassy to find out what happened. Can we still reapply? I realize most likely we will have to start from the beginning, but does letting our first application go have any affect on applying again? I'm scared they could think we are not serious about being together, but at least we have evidence of living together the last two years. Also, my fiance and I would like to visit the states for the summer, but I'm not sure if the whole fiance visa thing will affect his ability to be approved for a tourist visa. Any help would be appreciated. Your previous petition is dead. The consulate can extend the approval of the petition for up to a year, but (according to your timeline) that period expired at the end of 2010. You can apply again. Since the previous petition just expired, and wasn't terminated for cause, it shouldn't have any affect on a new petition. It's very unlikely they would approve a tourist visa. The beneficiary's intent to immigrate will be strongly suspected. They prefer that intending immigrants enter the US with the proper type of visa.	JimVaPhuong	Male	Vietnam	2012-01-09 22:15:00
K-1 Fiance(e) Visa Process & Procedures	K-1 and Beyond!	Also, for her interview, if they want an Affidavit of Support, will I have to fill that out and send it to her along with all of my bank documents? I have all of the documents printed (I do it as they are generated), but I don't want to send these 100 or so pages to her if she won't need them. Unless you're self-employed, it will probably be sufficient to have a copy of your most recent tax return or an IRS transcript of that return, a letter of employment from your employer, and some recent paystubs. You don't need all of your bank documents unless you're self-employed or you need to use assets in order to qualify as a sponsor. So, if I want to become a Russian citizen (for employment purposes mostly versus just being a permanent resident), I would still be able to claim US citizenship and rights/benefits? As long as the citizenship oath for Russia doesn't require you to renounce any foreign allegiance, and you don't make any statements of intent about relinquishing your US citizenship, then you'll still be a US citizen. As a US citizen you'll be required to use your US passport to exit and enter the United States. As a Russian citizen you'll be required to use your Russian passport to exit and enter Russia. Also, as a dual citizen, you'll be under the jurisdiction of the country you're presently in. You won't be able to get assistance from the US embassy if you get in trouble in Russia. Likewise, you won't be able to get assistance from the Russian embassy if you get in trouble in the US.	JimVaPhuong	Male	Vietnam	2012-01-10 14:56:00
K-1 Fiance(e) Visa Process & Procedures	K-1 and Beyond!	I think that we would only update her SSN once we get married. I think that the last time I went to the SSA office they told me that there was a lifetime limit on how many cards can be ordered (I've lost a few). As far as what you are calling the "LPR", are you saying that after she's here on her conditional GC for 2 years and applies for permanent residence, she can apply for citizenship one year into her permanent residence? I only ask because she and I have talked about living outside of the country in the next few years, but that's still too far to determine... "LPR" is Lawful Permanent Resident; i.e., an alien with a green card. Someone who became a permanent resident through marriage to a US citizen can apply for citizenship three years after becoming a permanent resident IF they are still married to that US citizen. All other permanent residents can apply for citizenship five years after becoming a permanent resident. Vanessa outlined the rules regarding periods of absence for permanent residents. Permanent resident status is intended for people who reside in the United States. If the US government determines that a permanent resident is actually residing abroad then they'll revoke their permanent resident status. There is a small chance that they'll conclude this if the LPR is absent from the US for more than six months, and a greater chance if the LPR appears to be spending more time outside the US than inside. An absence of more than 1 year requires advance permission from USCIS in the form of a reentry permit. Without a reentry permit the LPR would have abandoned their permanent resident status. An absence of two years would result in abandonment of their permanent resident status even with a reentry permit. An alien who loses their permanent resident status because of an extended absence from the US may be able to restore their status by applying for a returning resident visa IF they can prove that the reason for the extended absence was not expected and was beyond their control. Once she becomes a US citizen then you're safe to live abroad as long as you like without abandoning status. The earliest that could happen is three years after she becomes a permanent resident.	JimVaPhuong	Male	Vietnam	2012-01-10 12:20:00
K-1 Fiance(e) Visa Process & Procedures	K1 Fiance Visa? DO THIS	Forget the letters and affidavits. Those are tertiary evidence - the least likely to be believed by a USCIS adjudicator. They're more than willing to accept that you or your friends/family would lie on your behalf. Focus on the primary evidence first - travel documents, receipts bearing your name, passports with entry/exit stamps. Without at least some primary evidence they will not believe you met each other within the past two years. After that, provide at least some secondary evidence, such as photos together. Be sure to write the date, location, and who appears in the photo on the back. If you can nail those two then they'll accept your petition. You don't want or need to include letters or any other type of correspondence unless you're frontloading evidence for the consulate interview.	JimVaPhuong	Male	Vietnam	2011-11-15 23:10:00
K-1 Fiance(e) Visa Process & Procedures	Help with I-134	Your 2011 tax return won't be required until after April, 2012. Some consulates don't accept joint sponsors for K visas, but I haven't heard of that being the case with the consulate in Rio. You'll probably fine with a joint sponsor, but check the regional forum for Latin and South America just to be sure. Most consulates also do not automatically schedule interviews for K visas when they receive the petition. They usually notify the beneficiary that they've received the petition, tell them what documents they'll need for the interview, and invite them to apply for the visa. Many consulates mail this in a packet often referred to as "packet 3", though some consulates are now doing this electronically. Most consulates won't schedule an interview until they receive a response for packet 3 from the beneficiary. Again, check the regional forum to see what the actual process is like at the consulate in Rio. You should have time to get the documents you need to your fiancee.	JimVaPhuong	Male	Vietnam	2012-01-12 02:10:00
K-1 Fiance(e) Visa Process & Procedures	Should we do the K-1??	In order to acquire immigration status in the US, adopted children of US citizens must either enter the US with an immigrant visa, or adjust status within the US. He didn't enter with an immigrant visa, and isn't eligible for adjustment of status because of the unlawful entry. Even the biological child of a US citizen wouldn't be eligible to adjust status after an EWI entry except for asylum or VAWA cases, neither of which would apply to him. Stealing "thousands of dollars" is grand or felonious larceny in every state in the US. It's a crime involving moral turpitude, and it makes him inadmissible to the United States. He's going to receive a ban of 10 years when he leaves because he's been unlawfully present for more than a year. The ban may be eligible for an I-601 hardship waiver. The felony would only be eligible for a waiver if the maximum prison term in the jurisdiction the crime were committed in were one year or less. His adopted parents couldn't have fixed this while he was still a minor without taking him back to the Dominican Republic and completing the immigrant visa process. There would have been no adverse consequences if they had done this before he was 18. Once he reached the age of 18 he began accumulating unlawful presence in the US. Don't proceed without a good immigration attorney.	JimVaPhuong	Male	Vietnam	2012-01-12 11:46:00
K-1 Fiance(e) Visa Process & Procedures	Has anyone met fiancé while they were illegally in USA?	I met my fiancé while he was illegal in the USA. We then we back to Mexico together to hope we could start the whole process the 'correct' way. Have you met your fiancé in the USA while they were illegal and in the end got approved for your visa? Do you mean unlawfully present, or EWI? If you mean EWI then this would apply mostly to people from Central or South America. The only way my wife could have entered the US without inspection would be if she swam across the Pacific ocean. There are a whole lot of variables here, but presuming the alien didn't get into any legal trouble in the US, and wasn't deported, then the approval rate for I-601's in CDJ is pretty good. I read an article yesterday that claimed it was 70%, but I think that was primarily for spouses. I'm not sure if the approval rate is lower for fiance's.	JimVaPhuong	Male	Vietnam	2012-01-07 09:47:00
K-1 Fiance(e) Visa Process & Procedures	Extracting Skype Calls	http://www.nirsoft.n...e_log_view.html	JAPrincess	Female	Jamaica	2011-12-13 13:31:00
K-1 Fiance(e) Visa Process & Procedures	Consent letter from Child's Parent	More good info. My fiance's kids are illegitimate so there is no worry about consent. Also there is no conflict between parents, as the dad abandoned them 5 years ago. Thanks for your research.	Stepbrow	Male	Philippines	2012-01-06 23:02:00
K-1 Fiance(e) Visa Process & Procedures	Consent letter from Child's Parent	Thanks, no she wasn't married prior.	Stepbrow	Male	Philippines	2012-01-06 22:23:00
K-1 Fiance(e) Visa Process & Procedures	Consent letter from Child's Parent	Hi All, I am looking for the sample letter that a parent writes that gives their consent for their child to immigrate. This would be for my fiance's ex to consent for his kids. I dug around in the K-1 section but could not find it. Thanks for your help.	Stepbrow	Male	Philippines	2012-01-06 21:04:00
K-1 Fiance(e) Visa Process & Procedures	travel to US	can i enter the US even if my fiance(e) will not appear in the airport???	kapay&kulit	Male	0	2011-12-14 11:38:00