Forum	Title	Content	Member	Sex	Country	Date/Time
K-1 Fiance(e) Visa Process & Procedures	doubt after 2 years	I came up with k1 visa after we were married one month after my arrival, my husband lost his job, and can not send the AOS, this week he will send... my doubt is: what kind problem i can have??? sorry, my english is very poor and little... i hope someone understand me If it's been more than two years since you married then I strongly recommend you submit an I-130 along with the other adjustment of status forms and documents. It will cost a bit more, but you'll get a 10 year green card. If you adjust status based on the K1 visa petition then you'll still get a conditional green card, and have to file to remove conditions in another two years.	JimVaPhuong	Male	Vietnam	2011-10-19 11:13:00
K-1 Fiance(e) Visa Process & Procedures	form i 134 and from i-184	The consulate may consider child support but they're not required to. First, child support payments do not last forever. The non-custodial parent's obligation to pay usually ends when the children are 18 years old. Second, child support payments are intended to help support the children. A consular officer isn't required to consider those funds to be available to support an immigrant, but most consulates will consider them as an offset to the funds required to support the claimed household size. If any of the children will reach the age of 18 within the next five years then there's a pretty good chance they won't accept the child support. Her debts are usually irrelevant, but receiving Medicaid is a problem. It's a means tested benefit - something which the affidavit of support is specifically intended to ensure that you won't receive. It's difficult to accept her guarantee that you won't receive any means tested benefits when she's already receiving them. You guys should really try to find a joint sponsor.	JimVaPhuong	Male	Vietnam	2011-10-20 09:50:00
K-1 Fiance(e) Visa Process & Procedures	What is, How do, What if...	I guess... not so many others felt like a few of us, here. Maybe it's mostly 'occupy wallstreeters' filing for visa's. Lord! Help us! Guess they'll be in for a shock when they find out you can't solicit for joint sponsors on Kickstarter or WePay.	JimVaPhuong	Male	Vietnam	2011-10-22 01:52:00
K-1 Fiance(e) Visa Process & Procedures	Lawyer VS Visa Journey	The answer to this question is going to be different for each individual case, and you can't possibly know how to answer the question for your own case unless you spend the time to do the research. Generally, if your case has no red flags, and you're not dealing with a difficult consulate, then you can do this yourself without any assistance or advice from a lawyer. But how will you know if your case has any red flags? How will you know if you're dealing with a difficult consulate? You won't unless you've done the research. The VJ guides alone aren't going to answer these questions for you. The guides only cover how to complete the bureaucratic process, but they don't cover the discretionary factors that could sink your ship. There's just too many of them, and a lot of them are unique to each particular consulate. When you first come to this site, an immigration attorney will have three major advantages over you. First, they'll know the immigration laws that apply to your case. Second, they'll know which discretionary factors may or may not be a problem for you based on his/her experience with previous cases. Third, they'll be authorized to represent clients at legal proceedings. There's nothing you can do about this third factor, short of becoming an immigration lawyer yourself. However, you can become proficient enough in the first two areas to be able to maximize your chances of success on your own, but only if you're willing to spend the time and do the research. Rebecca's advise is sound. It never hurts to at least consult with a lawyer, especially if the lawyer has experience with the consulate you'll be dealing with. Even if the lawyer only confirms that you're doing it right it will still be money well spent.	JimVaPhuong	Male	Vietnam	2011-10-18 09:13:00
K-1 Fiance(e) Visa Process & Procedures	Requesting Originals	When I talked to USCIS regarding the submission of copies, they said that it would be find and that they'd request originals if/when necessary. Will my fiance need a copy of all of the original documents as well? I sent her originals of everything that I've signed already (I made two copies of each, signed them, sent one to USCIS and the other to her). It would have been sufficient to send your fiancee a photocopy of the one you signed and sent to USCIS. She doesn't need a new signed form. However, for the evidence of intent to marry, should I also have an original (i.e. "signed with original ink") on hand? Consulates will sometimes ask for an updated letter of intent for the interview, in which case an original signed copy would be requested, but it's usually not needed. Consulates would generally only ask for this if they think there's a reason the petitioner may have changed their mind, like if the beneficiary has kids that weren't listed on the I-129F. Furthermore, do I need to have any of her documents, and do these have to be originals? No, not at this point. Have a look over at the adjustment of status guides, though. There are some original documents she's going to need for the AOS application, so make sure she brings them with her to the US.	JimVaPhuong	Male	Vietnam	2011-10-23 21:07:00
K-1 Fiance(e) Visa Process & Procedures	Claim overseas Fiance(e) as dependent	As I know, US Citizens have to pay taxes if they earn money outside US. Does that rule work reverse way too? Can I claim my fiancee as a dependent when I file my taxes even though she has never been here? No. You can't even claim a fiancee as a dependent if she's living in the US. A dependent must be a qualifying child or qualifying relative - a fiancee is neither. A dependent must also be a US citizen, US national, or US resident. You can claim an exemption for a foreign spouse, but a spouse is never considered a dependent.	JimVaPhuong	Male	Vietnam	2011-10-24 08:59:00
K-1 Fiance(e) Visa Process & Procedures	fiancee visa NEED HELP and ADVICE!!	A child born abroad can only derive citizenship "by birth" if one of the biological parents is a US citizen at the time of birth, and if the US citizen parent meets the physical presence requirements. Since you naturalized after your child was born then he isn't a US citizen "by birth". However, because you are NOW a US citizen, and the child is your biological child, that makes the child an immediate relative under immigration law. A K2 is not the only option for your child. Here's the deal. Your son will automatically become a US citizen if he is "admitted for permanent resident status", and is in your physical custody in the United States. A K2 is a non-immigrant visa. A K2 is "admitted for permanent resident status" when they file to adjust status. However, your son is eligible for an IR2 visa, which is an immigrant visa. If he enters the US with an immigrant visa then he is "admitted for permanent resident status" when he enters the US. Immediately after he arrives you'll be able to apply for a certificate of citizenship and/or a US passport for him. Normally, when there's a choice between an immigrant visa or a derivative visa then I usually say go for the immigrant visa. The immigrant visa process may take a few months longer, but the costs are usually much lower and the family member becomes a permanent resident (or US citizen, in this case) when they arrive in the US. In this case, however, it's practically a wash. With the IR2 you'd have to pay the additional cost of filing an I-130 for your son. This would normally be more than offset by the fact that you wouldn't have to pay for adjustment of status. However, AOS for a child under 14 is only $635 if it's filed concurrently with the K1's AOS. In this case, the IR2 would only cost a couple hundred more than the K2, in total. There's also the issue of biological parentage. With a K2, you have to present evidence at the consulate that the child is biological parent of the K1 applicant. With an IR2 you have to present evidence to USCIS that the child is the biological parent of the petitioner. When a child is born out of wedlock then it's usually much easier to prove the biological relationship to the mother than to the father. If you take the K2 route then you'll still need to prove the biological relationship to the US citizen parent in order to get the child's US citizenship recognized, but the kid will get to wait out this process in the US. If you decide to apply for an IR2 for the child then you can postpone the K1 interview by the few extra months it will take to get the IR2 visa issued, and they should still be able to travel at the same time.	JimVaPhuong	Male	Vietnam	2011-10-24 08:38:00
K-1 Fiance(e) Visa Process & Procedures	Caution/Record and Immigrating to the US	Quick background -- we haven't started the immigration process yet. My divorce (not related to him) has been dragged out due to my state's waiting period and other trivial things. I've been legally separated for over a year now and the divorce should be finalized in a few weeks. He is Welsh, I'm American. Yesterday he got into an argument with a man and hit him (very long story). He has no history of being violent, no other record, and was given a "caution". However, from what I've seen, that counts as a record. I'm finding conflicting info on that and he does plan to ask an immigration lawyer if this means he can't immigrate. Other issue is I will need a co-sponsor so not sure if my financial situation and his caution will add up to being a major problem. I do not believe that I could move to the UK. My licensure (CPM) isn't recognized there and I have a large'ish family which would make it hard for him to sponsor me. So lets say he can't move here because of the record - my insane question is this.. has anyone ever chosen a more neutral country for BOTH parties to move to? This whole process has always seemed somewhat overwhelming and now it's seeming closer to impossible. If it is, I just want to face it and figure out how to deal with it. Thank you very much for your time. Even if the caution is considered a conviction (or admission of having committed the crime, which is the same thing under immigration law), simple assault is not a crime involving moral turpitude. He won't be denied admission to the US because of it.	JimVaPhuong	Male	Vietnam	2011-10-21 13:55:00
K-1 Fiance(e) Visa Process & Procedures	Difference of Age	My teen was telling me before I met my future hubby that the Cougar Rule is half my age plus 7, or else I'm a cougar. Does that work for guys? Sounds like a reasonable formula, but what I'd really like to know is why older women who chase younger men get a cool sounding moniker like "cougar", while men are usually called "cradle robber" or "perv". BTW, according to the Urban Dictionary: cradle robber A person who taps people significantly younger than he/she is. If X is the older person's age then they are a cradle robber if they date a person who is less than half of their age plus 7 years. But for this function to work, X must be greater than or equal to 18. (Y = .5X + 7 X:18,infinity)) http://www.urbandict...m=cradle robber I guess your formula works.	JimVaPhuong	Male	Vietnam	2011-10-23 21:00:00
K-1 Fiance(e) Visa Process & Procedures	Difference of Age	Be careful..Be very careful. I attended my CFO seminar..I talked to a fiance asked her if she loves him..her answer JUST MY STEPPING STONE!! Man this is Philippines..Be very wary. You are old and she is way younger..do you really think she loves you?? REALLY??? for those who says AGE DOESN'T MATTER..YES IT DOES! Still wanna pursue?? OK Please know as early as now, part of filipino culture being a close knit family..once their child married a foreigner they think $$$, and then before you know it..you are supporting the whole family. Are you ok with that?? You don't wanna quit? My last shot, LOL There were 2 women from our province who married USC and everytime the hubby is gone to US..the wifey plays around with a filipino bf who is introduced to husband as driver.. YIKES! I don't want rain in your parade but BE VERY WARY. I am sick and tired hearing and seeing couple walking in the malls here..a very old american holding hands with a very young girl. Only if you guys could hear how filipino talks at you back. SAD I KNOW. YES I AM OPENING A CAN FULL OF WORMS..but I am a VJ family member ..I DO CARE.. OP I hope your woman is not one of them..I sincerely wish you well...Good luck! Ok, I'm going to see if I can offend everyone in one post... All men everywhere will do stupid things for pretty girls. This character flaw isn't exclusive to American men. However, most American men are not as gullible as many Filipinas seem to think they are. In many cases, these guys know darn well that these girls don't really love them. He might only want a sex toy who will treat him like she loves him for a few years. Most of the time, they're just hoping she hangs around and plays nice until he either dies or gets tired of her. Many times these guys go into these relationships knowing that it isn't going to last more than a few years. The sad truth is that many East Asian and Pacific Island girls don't age very well. They're adorable when they're young, but start to deteriorate rapidly when they hit their mid 20's. ...Jim ducks while the Filipinas start throwing kitchen utensils at him... This isn't really any different from rich old men in the US who marry young trophy wives. These guys know that these girls marry them for their money. As long as the girl acts like his wife then they're generally ok with that. If she does anything to humiliate him, like fooling around on the side, then the relationship is over. A lot of the men who go to the Philippines are average looking older men with average incomes. These guys wouldn't have a prayer of getting a young trophy wife in the US, but it doesn't take nearly as much to get a young wife in a poor country. There are several reasons this happens a lot in the Philippines. For one thing, the country has a long and sordid history of sex tourism, like many Southeast Asian countries. For another, there's no strong cultural aversion in the Philippines to older men marrying younger women, especially when there's a financial advantage for the bride. Obviously, the above doesn't apply to everyone. There are many many relationships which are genuine and sincere on both sides. I'm just saying that not all of the guys who are getting played are totally unaware of it. In many cases, they're playing each other.	JimVaPhuong	Male	Vietnam	2011-10-23 08:57:00
K-1 Fiance(e) Visa Process & Procedures	Question for I-134 Affidavit of Support	Even though the form instructions say last year's tax return, I would be conservative, and give them 2 yrs of income ( get the IRS tax transcripts free online), and attach any earning statements i.e. W2 w/ which shows a pattern of earning especially if self employed. W2's aren't necessary if you submit IRS transcripts, and self-employed people don't get them. W2's are issued by employers to employees. A self-employed person might get 1099's if they do contract work, but many self-employed people don't receive any earnings statements from anyone because they do their own accounting. To the OP, if your 1040 line 22 "total income" is sufficient in all of the past three years then I would get and submit IRS tax return transcripts for each year. Consular officers can be picky with self-employed people because their income can vary greatly from year to year. They'll feel a lot more comfortable if they can see three years of sufficient income.	JimVaPhuong	Male	Vietnam	2011-10-19 00:43:00
K-1 Fiance(e) Visa Process & Procedures	If already in the US on Tourist visa - any marriage visa where she can stay?	Hi, Just figuring out different options. My Argentinian gf already has 10y tourist visa. I know that normally this has no bearing on the marriage visas. BUT what are the options if she was in the states already (under 90days) and we decided to get married. Any types of visa where she could easily & legally stay? (Sorry if this is in the wrong section, I wasn't clear about the perfect section for it) thanks! Generally speaking, if she was admitted or paroled into the US and she's married to a US citizen then she's eligible to adjust status and get a green card. There are some exceptions, but most of them aren't worth mentioning here because they probably wouldn't apply to her. The law specifically prohibits using a non-immigrant visa to enter the US if your intention is to become an immigrant before you leave. Using a non-immigrant visa in this way is called "preconceived intent". Department of Homeland Security and Department of State both take a dim view on people using non-immigrant visas as a means to circumvent the immigrant visa process. There are exceptions to this, as well. There are some types of non-immigrant visas that allow for immigrant intent, such as the K1 visa. In reality, there isn't much they can do if they suspect preconceived intent after you enter the US. For this reason, consulates and CBP will try to detect immigrant intent before an alien enters the US, and stop them. Consulates will deny a non-immigrant visa, and CBP will deny entry to the US if either of them suspects the alien is going to stay in the US and apply for a green card. Preconceived intent is a serious negative factor, but it's not serious enough to outweigh the positive factor of being an immediate relative of a US citizen. USCIS won't deny adjustment of status for preconceived intent alone, if that's the only negative factor. However, they may investigate to see if there are any other negative factors that would tip the balance in favor of denial, such as any evidence that the intending immigrant may have lied to an immigration officer about their intent. An example of how this might work is telling the CBP officer at the airport that you're only visiting your boyfriend for a couple of months before heading home again, while simultaneously having a wedding gown in your luggage, or documents that would be needed for adjustment of status but not needed for a simple visit. Lying to an immigration officer about intent is a material misrepresentation - fraud - and can result in a lifetime ban from the US. There's no risk of this happening if you pursue the appropriate kind of visa - K1 if you want to marry in the US, or CR1 if you marry abroad.	JimVaPhuong	Male	Vietnam	2011-10-25 22:47:00
K-1 Fiance(e) Visa Process & Procedures	K-1 Visa pics	Yeah for the I129, we've had a lot of delays so far in sending it out even though right now most of the packet is together, we had to save the money, and no finally the pics coming to us in the right size >.<! So right now if its ok to cut them out then we are finally ready to send it! I'm just so scared to get an RFE lol So in plastic bags, like sandwich ziplock bags? The instructions for the photos are on page 3 of the I-129F instructions. The experience of some VJ members, including myself, has shown they're not as picky about those photos as the instructions would seem to indicate. They're supposed to be 2x2 on a white background, but my wife's were 1.5x2.5 on a light blue background. They accepted them without any problems. The form that requires the photos is the I-129F, but they are listed in the "other documents" section of the I-129F instructions just after the G-325A is mentioned. The instructions in the VJ guides interpret this to mean that the photos should be included behind the G-325A in your stack of documents. Again, the experience of VJ members has shown they aren't particular about where you put the photos in your document stack. I made tabbed divider pages for each section of my petition package so it would be easy to get to any section. I put the photos into small zip-lock bags which I taped to the divider page in front of each corresponding G-325A. I taped the bags on three sides so that they could be opened without removing them from the divider pages. I had some 3"x4" bags handy, but if all you've got are sandwich bags then they'll work fine.	JimVaPhuong	Male	Vietnam	2011-10-25 07:00:00
K-1 Fiance(e) Visa Process & Procedures	POE overlay	Weird,considering I was done within 15 mins and my Poe was in California as well Did you go through LAX? They're usually pretty slow.	JimVaPhuong	Male	Vietnam	2011-10-27 00:33:00
K-1 Fiance(e) Visa Process & Procedures	K-1 Fiance(e) interview failed	My fiance has her interview in Phnom Penh on August 25, 2011. Im hoping our evidence of relationship is adequate. We dont have chat logs from on-line communication but we do have receipts from Western Union showing monthly financial assistance. Does anyone have advice or recent experiences to share regarding interviews in Phnom Penh? Should I fly from the States to be there or should my fiance go alone? Don't rely heavily on those Western Union receipts. The consulate understands that a US citizen petitioner is going to give some financial assistance to their fiancee in a poor country, but proof of payments does not constitute proof of a relationship, and there are circumstances where proof of payments can backfire. I recommend you don't offer those receipts to the CO unless they specifically ask for them, and focus on getting some evidence that proves you communicate regularly. It is always a good idea for the US citizen petitioner to be present on the day of the interview, even if they can't go inside the consulate.	JimVaPhuong	Male	Vietnam	2011-07-28 12:14:00
K-1 Fiance(e) Visa Process & Procedures	To be or NOT be at the K-1 Visa Interview	Hi folks, just trying to get a pulse here. I've heard mixed messages. I have heard some say that you NEED to be at the consulate interview or others state not necessary. I just called the Ecuadorian consulate and they told me I do not need to be there. I will call again tomorrow to ensure I get the same answers.. And curious to others experience. Kindly share I think you should listen to the VJ members who have experience with that consulate. By their accounts, you should make every effort to be there, and be thoroughly prepared. Also, and this applies to all consulates... never ever take what the consulate's customer service people tell you at face value. They frequently have no idea what they're talking about. If they actually knew anything about the consulate's policies and procedures then they'd have a more important job than answering the phone or replying to emails.	JimVaPhuong	Male	Vietnam	2011-10-27 11:51:00
K-1 Fiance(e) Visa Process & Procedures	Is this marriage feasible?	I think the father will cooperate. There will be a lot of pressure on him to "do the right thing," from his family, my fiance's family, and from his friends. There could also be a money incentive, etc. With regards to what I was trying to say earlier: The only way the judge takes away his legal title as father, even if he cooperates 100%, is if the judge knows there is another person (me) ready to step in. In other words, the father can cooperate 100% all he wants, but the judge is not going to allow a father to just relinquish his legal connection to his daughter unless there is a good reason to do so (me stepping in, for example). He doesn't have to relinquish his parental rights. He just has to give his irrevocable permission for his daughter to emigrate. There's no reason you should have to get a judge involved in this. I don't know the specific laws in Colombia, but in most countries they just want to make sure that the non-custodial parent isn't going to accuse the emigrating parent of international child abduction. A "quit claim" letter from the father is sufficient for this. In fact, it's accepted by pretty all US consulates as sufficient proof that the child can emigrate without risking an accusation of abduction. Again, don't allow him to attach conditions to this that your wife would have to satisfy in the future, such as returning her daughter to Colombia for visitation. The only condition she should be willing to agree to is to waive her right to sue for child support, but that's your ace-in-the-hole. Don't play that card unless you need it. Same with monetary compensation. Start negotiating by offering nothing.	JimVaPhuong	Male	Vietnam	2011-10-18 08:47:00
K-1 Fiance(e) Visa Process & Procedures	Is this marriage feasible?	Ultimately, I think he will give permission and my fiancee thinks so. He is 21, he is jobless and lives with his mom. If worst comes to worst, we will pay him 10k and tell him his daughter will visit every year, which is the truth. As my fiancee said, the only reason he would not sign such a thing would be to avenge my fiancee, noe because he wants to see his daughter. He has visitation rights for a week out of every month and hardly spends a day per month, even though he lives 15 min away. Don't offer the visitation. If you miss even one promised visit then he can get the authorities involved the next time your wife returns to Colombia for a visit and prevent her daughter from leaving again. That will leave you back at square one - negotiating and probably paying him off again. You want his absolute and irrevocable permission for his daughter to permanently emigrate from Colombia. There should be no additional conditions attached that your wife has to meet in the future. You're going to be paying for this so you've got the upper hand. BTW, it's common in situations like this to have to pay off the child's father. Ask first without offering any money. If they refuse then make a cash offer. If they are hesitant then bring up child support. That's usually enough to get them to accept the offer.	JimVaPhuong	Male	Vietnam	2011-10-17 09:42:00
K-1 Fiance(e) Visa Process & Procedures	name question	Hi I have a question on the name of the i-129f application for the k-1 visa. On the visa application when inputted my fiancee's name, her name wouldnt fit into block one of part b on the box. The last name was able to fit entirely and middle name but even if I hand written the name in, the name wouldnt have hit. The first part of her name was able to fit which was Charmaine... But her actual first name is Charmaine Ann. On other documents, I had put her full actual name Charmaine Ann MIDDLE LAST. But on the I-129F I just couldn't do it. We received the NOA2 (notification by email this past week) and I thought they would RFE me because of that mistake and its appearence on other forms. On the NOA1 it simple states Name: (LAST NAME), CHARMAINE And not her full name. After explaining all that, will this affect the process at the embassy or any of that?? Or is there anything we must do to ensure that her visa states: Charmaine Ann MIDDLE LAST? Thanks You should have entered the name correctly on the I-129F, even if it meant writing it in by hand using a micro-fine pen and magnifying glass, and entering it on two lines. Her name is now in the system as "Charmaine", and you may end up going through grief at each step of the way to try to get this corrected. The other documents, like G-325A, are more or less irrelevant. The petition was basically approved for someone with a different name. Submit the forms to the consulate with the correct name. Include a cover letter asking them to correct the name in their system. They'll probably drop the ball and not bother to change the name in their computer. She has to be assertive about this at the interview. If the CO doesn't change the name then the visa will be issued with the wrong name. After that, you'll be stuck with this name on her Social Security card and green card. I saw someone else with a similar issue regarding their middle name. They just ignored it, figuring they'd fix it when they filed for adjustment of status. USCIS would have nothing of it, and insisted that they obtain proof of a legal name change. How the heck do you prove you legally changed your name from a name you never had to the name that's on your birth certificate?	JimVaPhuong	Male	Vietnam	2011-10-28 22:22:00
K-1 Fiance(e) Visa Process & Procedures	125% ,medcaid ,child support	If a sponsor receives means tested benefits, such as Medicaid for dependent children, then the CO is required to consider this in determining whether the beneficiary is likely to also become a public charge. Foreign Affairs Manual, 9 FAM 40.41 N4.1 Consideration of Current or Prior Receipt of Public Assistance: c. There is no provision in the law to indicate that the receipt of means-tested benefits by the sponsor would, in itself, result in a finding of inadmissibility for the applicant under INA 212(a)(4). The sponsor's reliance on such benefits, however, would clearly be an important factor in considering whether the applicant might have to become a public charge. If the sponsor or any member of his or her household has received public means-tested benefits within the past three years, you must review fully the sponsor's current ability to provide the requisite level of support, taking into consideration the kind of assistance provided and the dates received. You must review carefully Form I-864, Affidavit of Support under Section 213A of the Act, or Form I-134, Affidavit of Support, and all attachments submitted with Form I-134, as well as evidence of the sponsor's current financial circumstances, in such cases. This section of the FAM would seem to indicate that a sponsor who is currently or has recently collected means tested benefits is less likely to have their affidavit of support considered sufficient to sponsor. Tax-exempt income, such as child support, is still income. The sponsor must provide proof of the income. Foreign Affairs Manual, 9 FAM 40.41 N5.5 Supporting Evidence Must Be Submitted with Form I-864, Affidavit of Support Under Section 213A of the Act: b. Tax-free income (such as a housing allowance for clergy or military personnel) and other tangible benefits in lieu of salary are considered income. The sponsor bears the burden of proving the nature and amount of income. I agree with Rebecca Jo. The children are considered in determining the household size. There's no reason they shouldn't consider income received for their support since it reduces the amount of the sponsor's other income that will be required to support them. The only exception would be if the income received for their support were, itself, a means tested benefit. Income from means tested benefits cannot be considered income for an affidavit of support. http://www.state.gov...ation/86988.pdf	JimVaPhuong	Male	Vietnam	2011-10-30 00:16:00
K-1 Fiance(e) Visa Process & Procedures	I-129F	BCs (of beneficiaries) are not required when you file the 129f. They will only be required (at the interview) of anyone who intends to immigrate to the US. Since the child is not intending to immigrate, their BC is not required. You were correct to list ALL children on the 129f. On the documents for the interview, you'd list any children who intend to immigrate. Dunno. I got a PM from a VJ member a few weeks ago who got a 221(g) in Manila for the birth certificate of a child that wasn't applying for a visa. I got another PM today from someone who got a 221(g) (not Manila) for the birth certificate of the petitioner's child. I'm still trying to get more details on that to figure out what the heck that has to do with their CR1 visa application. I got another PM from someone who was told by NVC that they didn't list all beneficiary's on their I-864, and specifically mentioned a son who was married and ineligible to apply as a derivative of their F4 visa. I don't know why, but there seems to be a trend at Department of State asking questions about potential beneficiary's who are not currently applying for visas. I wouldn't be expecting the consulate in Manila to be asking for a birth certificate for the OP's fiance's kid, but I wouldn't be completely surprised if they did.	JimVaPhuong	Male	Vietnam	2011-10-30 13:07:00
K-1 Fiance(e) Visa Process & Procedures	Can I transfer my interview appointment to someone else?	So my question is how is your fiance here legally or not? NO you can't transfer an interview just cancel it but then you applied for 129f and you have been approved so why not the interview? If she does not have interview then how is she going to stay her legally? She's Cuban. There's a completely separate set of rules for Cubans. If they can get into the US without being stopped then they can usually get a green card. Cubans don't need to enter through a POE, and they can be paroled by any immigration officer simply by asking for it. They're eligible for adjustment after one year in the US. It's called the Cuban Adjustment Act. A change in the law in 1995 requires that the Cuban actually be on US soil in order to qualify. Before that, Cubans caught at sea in US territorial waters by the Coast Guard could apply. This is called the "wet foot/dry foot" policy. so i'd have to coordinate the timing with the person who gets the appointment? in other words, call to cancel, and moments later my "friend" calls and picks it up? is there a delay of any kind? i know a lot of Cubans use the fiance visa as a way to bring over family members etc, and i'd really like to reward two people who are actually in love, rather than leave it to chance so some guy can bring over his 3rd cousin. thx for the reply. Unless you have a friend in the Visa Unit at the US Interests Section, you probably will have no control over this. A visa interview appointment is a time slot on a list that's maintained by the consular officers. It's not something that belongs to you that you can give or trade with someone else.	JimVaPhuong	Male	Vietnam	2011-10-27 12:06:00
K-1 Fiance(e) Visa Process & Procedures	Our story	Nice story. After all that ####### with the lawyers, you're now aware that you didn't need her birth certificate to file the petition, right? The only thing you needed from her was a letter of intent, a G-325A, and a couple of passport style photos. The birth certificate isn't needed until the interview. You'll need it again for the green card application. If you decide to continue using an agency then use the guides here on VJ to double check their work. Also, enlist the help of your Filipina aunts to help you prepare yourself and your home for the arrival of your fiancee. They'll know what you'll need in order for her to feel comfortable. They should also be able to tell you where to take her to shop for food she likes.	JimVaPhuong	Male	Vietnam	2011-10-23 09:14:00
K-1 Fiance(e) Visa Process & Procedures	medicaid	It's difficult to say with any certainty. The question of a sponsor who is collecting some form of means-tested public benefit has come up many times on VJ. I don't remember anybody coming back and posting whether it had an effect on their affidavit of support. Specifically, I don't remember anyone saying that they were collecting Medicaid benefits for their kids and that their affidavit of support was either accepted as sufficient or denied because of the Medicaid. I also don't remember anyone saying that their affidavit of support was accepted after they obtained private insurance. This is a discretionary determination by the CO, and there isn't enough combined experience on VJ to know how they usually apply that discretion. The law is very specific that means-tested public benefits cannot be considered as income for the affidavit of support. The instructions for the I-864 also make this clear. The law doesn't say anything about whether collecting means-tested public benefits would automatically disqualify a sponsor, and the Foreign Affairs Manual indicates this is a discretionary factor to be considered by the CO. The FAM also says that they are supposed to consider whether the sponsor has collected these benefits within the past three years, though it's not clear to me how they would know this. The I-864 doesn't provide any way for this to be disclosed. One thing that is clear from reading the FAM is that they're supposed to consider what the sponsor's circumstances are now, and what the sponsor's circumstances are likely to be in the foreseeable future. If the sponsor is collecting means-tested public benefits now then I would think that's a strike against the sponsor, even if they aren't attempting to claim the benefits as income. For that reason, I believe they would be more willing to accept a sponsor's affidavit as sufficient if the sponsor isn't currently collecting means-tested public benefits. If your sponsor can obtain private insurance then they should probably do so.	JimVaPhuong	Male	Vietnam	2011-10-31 11:05:00
K-1 Fiance(e) Visa Process & Procedures	Fiance changed her mind	no don't cancel the check i did that and uscis still demands the payment even if the petition is voided. they will send you a bill with interests.. Nonsense. If the check bounces they reject the petition. They do not demand payment, and they do not charge interest. NOA1 was a receipt. The check has been cashed. I was wondering about this too. How can it be more than a month since he got the NOA1, and the check still hasn't been cashed? They usually don't send the NOA1 until the check has been cleared for payment electronically.	JimVaPhuong	Male	Vietnam	2011-10-29 23:41:00
K-1 Fiance(e) Visa Process & Procedures	An error made by the Layer....	On my I-129F paper work, Part B (Information about your alien fiance), question 3b, the layer fill out the box that my country of citizenship is USA, but actually my country of citizenship is Cambodia not USA. What should i do with that error? My interview date is on December 06, 2011. Thanks I'm surprised USCIS approved the petition. That's a pretty substantial mistake. US citizens aren't eligible for visas to the US. I'm sure they'd understand it was a clerical error and not an intention to mislead because someone claiming someone else was a US citizen wouldn't be filing an I-129F on their behalf. Still, it's a clerical error that should make the petition unapprovable. They should have sent it back to the petitioner to be corrected. The consulate can correct some errors on some forms, but they can't make any changes on an I-129F because it's a petition that was approved by USCIS. If the consular officer wants to be a real a-hole (which many of them seem to be very good at) then they could send the petition back to USCIS claiming that USCIS clearly erred when they approved the petition. On the other hand, they might not notice. It's also possible they'll notice it but choose to overlook it if USCIS and NVC got your country of citizenship correct in the records. I think you should go to the interview and hope the CO doesn't notice it and/or doesn't bring it up. The only other alternative is for the petitioner to withdraw the petition and submit a new one with the correct information. Just don't point it out to the CO and ask them to correct it. Only a USCIS immigration officer can make corrections to an approved petition without voiding the approval.	JimVaPhuong	Male	Vietnam	2011-11-01 09:35:00
K-1 Fiance(e) Visa Process & Procedures	Povert Line Question	I had my daughter listed as a dependent on last years tax return because she lived with me up until July and then moved out. Are they gonna consider her as a dependent when I give a copy of this on my affidavit of support and add her to my list of dependents that I use to determine how much I need to earn based on the 125% Poverty Line? She no longer lives with me and supports herself now! It depends on how old she is. Presuming there's no court order that requires you to support her until a certain age, your legal obligation to support her ends when she turns 18. However, you can continue to claim her as a dependent on your taxes through the year she turns 19, unless she's a full-time student or she's disabled. CO's tend to go overboard when it comes to determining the household size. If someone is living in your home then they often presume that person should be included in your household size, even if you don't actually support them. If someone is listed on your tax return as a dependent they often presume that person should be included in your household size, even if they no longer live with you and you don't intend to claim them as a dependent anymore. You can leave your daughter off of the affidavit of support, and even explain that you won't be claiming her as a dependent anymore, but the CO is free to interpret the evidence any way they choose to see it. They may choose to include her anyway because you claimed her on your last tax return. If you've still got a few months until the interview then you might want to get your 2011 tax return filed as soon as you get your employer forms in January. ...one moment... I see you've posted an update. I am uncertain as to what the USCIS would use to determine if I am responsible for her. She no longer lives here and has not for over a year. She also receives assistance from the state of NH for food which may show right there that she is responsible for herself.. I need to find out for sure before filing.. Which affidavit of support are we talking about? Is this the I-134 for a K1 visa, or the I-864 for an immigrant visa or adjustment of status? Anyway, if she's receiving public assistance then she is clearly not supporting herself. The state is supporting her.	JimVaPhuong	Male	Vietnam	2011-11-01 09:48:00
K-1 Fiance(e) Visa Process & Procedures	Need Help....	Do I need NOA2 at Interview time. Please help... No, not usually. You will need it for adjustment of status, though.	JimVaPhuong	Male	Vietnam	2011-11-01 09:16:00
K-1 Fiance(e) Visa Process & Procedures	Intent to deny I-129F letter , please help	They ask for it in RFE letters to people. I have read it many many times on VJ people stating USCIS is requesting photos of them holding newspapers to prove dates and places. I've heard about this, as well, but I've never actually seen a post where someone quoted the RFE word-for-word and it actually mentioned a ransom style photograph. If seen lots of RFE's where they mentioned the generic "film-dated photos". If you run across a post where someone has quoted the text of the RFE and it mentions this please post a link to the thread. In the era of Photoshop and other forms of digital trickery, I'm a little surprised that USCIS gives any weight at all to photographs, regardless of what's depicted in them. I've also always been under the impression that they were more inclined to believe photos that were impromptu as opposed to those that were obviously posed or staged. It's kind of a shame that the RFE thread devolved into a discussion mainly by petitioners and beneficiaries who were worried that they might get an RFE, or people posting what they sent in response to an RFE when they hadn't received any indication from USCIS that their response was accepted. It would be great if we could put together an archive of redacted scans of actual notices people have received from USCIS or a US consulate (so we'd know the exact text of the notice), and reports of what people have sent in response to a particular RFE that was successfully accepted by USCIS or a US consulate.	JimVaPhuong	Male	Vietnam	2011-10-31 12:47:00
K-1 Fiance(e) Visa Process & Procedures	Intent to deny I-129F letter , please help	The I-129F instructions require "original statementS (plural) from you and your fiancee". Send two new letters of intent with original signatures. It's best not to presume they'll use the one you originally sent as valid for either of you, so just assume that letter is null and void. If you have more evidence of having met within two years then send it, along with copies of the evidence you've already sent. They're suspicious that you're trying to help a family member immigrate, so any evidence you've sent so far is apparently suspect to them. You need a pile of evidence that's clear and convincing. If you only made one trip then you can expect this might be an issue at the consulate interview. Obtain a copy of the Arizona law that permits marriage between second cousins and provide a copy of it, along with a cover letter explaining that it's legal. If you have the URL for an official State of Arizona website where the statute can be viewed then provide the URL in your cover letter. You should look at your case objectively. Pakistan is moderately high on the list of high fraud countries, and very high on the list of potential terrorist countries. You're marrying a second cousin. The suspicion that you're trying help a family member immigrate for some nefarious reason is going to be high. At each stage of the process you should be focusing on having a mountain of evidence in your favor, as well as evidence to counter any potential red flags. You've gotten an RFE that lists, among other things, proof of having met. This is a golden opportunity to address those red flags with some frontloaded evidence.	JimVaPhuong	Male	Vietnam	2011-10-30 13:22:00
K-1 Fiance(e) Visa Process & Procedures	Supporting documents for I-134 on a K-1	We got our NOA2 on Oct 30 2011 and still waiting our case# from NVC, while waiting i asked my fiance to get all of the supporting documents that i need, here's the list: •I-134 Form •Bank statement (last 6 months) one per month for the last 6 months •Investments (last 6 months)stocks or bonds (if you have any of it), provide copies of your statement from your broker or copies of certificates. •Social Security statement •W2 Forms (last 3 years)---->Tax Statement, one per year for the last 3 years •Tax Transcript (last 3 years)one per year for the last 3 years •Pay check stubs (last 6 months)one per month for the last 6 months •Letter of employment (on company letterhead showing date and nature of employment, salary paid and the position is temporary or permanent, part time or full time job)) •Letter from the Bank (on Bank letterhead proving the day you opened your account(s), amount of deposits in the last 12 months and the account's current balance. Hmmm..i have to recheck it again once we get our instructions from US Embassy in Jakarta, Indonesia. She'll be submitting the I-134 form to a US consulate in her country and they have their own requirements to support I-134. Good luck WAY WAY OVERBOARD! Seriously, if you qualify on income alone then a tax transcript for at least the most recent tax year and a recent letter from your employer. That's all. Nothing else is needed in the majority of cases. You don't need bank statements unless you're using assets to qualify or you're self-employed. You don't need a Social Security statement. Ever. In fact, this is the last year that SSA will be sending statements. On top of that, a Social Security statement may not show all of a person's earnings, especially if they hit the cap on payroll taxes in a given tax year. My Social Security statement shows I didn't earn anything in two years in the late 80's, although I did have income. My employer those two years was a crook who never sent the payroll taxes he withheld to the SSA, and since the company went bankrupt there's nothing I can do about it. You don't need broker statements or stock certificates unless you're using assets to qualify. You don't need W2's if you're submitting transcripts. Ever. You don't need letters from your bank unless you're using assets to qualify or you're self-employed. If you have a recent letter of employment that states when you started and how much you earn then you don't need pay stubs. Seriously, don't overthink this stuff. You need to submit at least the most recent tax return or transcript to show that you have annual income that's sufficient. After that, you need to show that you're still employed and earning enough. If your income last year was enough, and you're still working for the same employer, then a tax transcript and employment letter should be good enough.	JimVaPhuong	Male	Vietnam	2011-11-02 01:52:00
K-1 Fiance(e) Visa Process & Procedures	Approved! Now, one-way or round trip?	Hi! My fiancee's visa has been approved, we're just waiting to get the passport with the visa. But we don't know if we should get her a one way ticket or a round trip one for her to come into the US, because round trips are (obviously) almost twice as expensive as the one way ones and we are very short on money. I would think she could use a one way because the idea of a fiancee visa is to get married and apply for residency, but since it is a "nonimmigrant" visa, there might be a problem when she gets to customs, right? Can anyone help me out? Thanks, and good luck to you all A one-way ticket only causes problems for someone with a non-immigrant visa that does not allow for immigrant intent. A K1 specifically allows for immigrant intent. They won't give her any hassle about having a one-way ticket.	JimVaPhuong	Male	Vietnam	2011-11-02 11:19:00
K-1 Fiance(e) Visa Process & Procedures	K-1 Visa Not Granted at Jamaican Embassy	My fiancee went yesterday to Kingston, Jamaica for his interview. They asked him the same questions repeatedly that he provided a sufficient answer to, but they just kept on. They alluded to the fact that our relationship looked orchestrated, which of course is not true. They did not give him a formal denial (no stamp in his passport, no blue form, no reason for denial) the only explanation given was that what was in the paperwork did not match what was said during the interview. They said they would send his papers back to the US and they would contact me directly. Now we are not sure what to do. Has anyone else experienced this? Any suggestions on what to do next. We did not hire a lawyer to do our original paperwork. Thanks for your help!! You posted this in the wrong forum. It's sometimes possible to get the visa section chief to hold the petition at the consulate for review, but that depends on the consulate. I have no idea how you'd go about doing that in Kingston, but a lawyer who knows that particular consulate would know how to do it. Anyway, the chances of getting it held are slim in any case. Your petition is being returned with a recommendation that the approval be revoked. They think your relationship is a sham, and they're accusing your fiancee of fraud. You'll eventually hear from USCIS about it, but that may take a couple of months. Depending on the service center that originally approved it, they'll either just let the petition expire and then tell you to file another one and try again, or they readjudicate it based on the consular officer's findings. If they agree with the consular officer then they'll send you a Notice of Intent to Revoke (NOIR). If you get a NOIR then you should respond vigorously with a truckload of evidence. If they revoke the approval of the petition then the CO's accusation will be assumed to be factual, and your fiancee will be guilty of fraud. You'll need a waiver before he'll be able to get a visa. If they readjudicate it and disagree with the consular officer then they'll reaffirm the approval of the petition, and it will be sent back to the consulate for another interview. Spend some time in the K1 forum, and especially read the pinned threads there.	JimVaPhuong	Male	Vietnam	2011-11-03 01:14:00
K-1 Fiance(e) Visa Process & Procedures	K-1 Visa complications????	Hi my name is Ismael and here is my story, My parents brought me to the states in 2002 when i was 10 years old on a I-94w (tourist visa)...and we went with the intention of overstaying for a better life opportunity, as i obviously over stayed on my tourist visa my parents came back to my home country Argentina after 10 years..i also came back with them and i know that over stays under age dont count and that i basically overstayed for roughly 2 year...that puts me in the 10 year no entry bar, however my girlfriend and I have been going out for 3 and a half years and we want to get married so i can come back..to be honest i love my home country but i belong in the states thats where i grew up and consider it my home country...my girlfriend and I filed for a K-1 visa and already got NOA1 and waiting on NOA2....is there any way i could get approved since i had no say in my over stay and/or that i want to marry my US citizen girlfriend? or do i reele have no hope other than "extreeme hardship" that would be extreemly hard to prove because of me being 20 and her 19......THANK You for any info i can get on this... You had a "say in your overstay" when you turned 18 and became an adult. That's also when you began to accrue unlawful presence. You are inadmissible because of the 10 year ban. You can't get a visa unless you wait out the ban or get that inadmissibility waived. Extreme hardship is the ONLY basis you can use to get the inadmissibility waived. You are correct that the chances of proving extreme hardship is slim, but if you want to have any chance at all then you should tell your fiancee to hire a good immigration lawyer who specializes in I-601 waivers. You now know why Argentina is no longer a part of the Visa Waiver Program.	JimVaPhuong	Male	Vietnam	2011-11-03 22:04:00
K-1 Fiance(e) Visa Process & Procedures	Social Security, Co-Sponsors, and I-134F Affidavit Support	Your credit score is irrelevant. Tax liens would be held against you, but other types of liens likely would not. Your SSI income cannot be considered for an affidavit of support. SSI is a means-tested public benefit, and the affidavit of support is a promise to the US government that your fiancee/spouse will not collect means-tested public benefits. The consulate in Manila rarely accepts joint sponsors for a K visa. They sometimes make an exception if the petitioner has a very good reason for not having current sufficient income, and has good prospects for having qualifying income in the future (a recent college grad, for example). Being on disability or SSI will probably not be one of the circumstances where they'd consider a joint sponsor. If they refuse then you may have no choice but to marry your fiancee and file a spousal visa petition. Since your parents are self-employed you should tell them to look at their total income on their tax returns, line 22 of the 1040. Many self-employed people have high gross revenues but their total income is relatively low because of the all the schedule C deductions they're allowed to take.	JimVaPhuong	Male	Vietnam	2011-11-04 10:28:00
K-1 Fiance(e) Visa Process & Procedures	Don't want to get married anymore....	Here's my bullet list: The OP cannot stay in the US legally. Either marriage to the petitioner or a successful asylum claim are the only two options available. The K1 entry doesn't allow for any other route to immigrate. The 90 day period is not intended to be a "trial period". It's intended only to provide enough time for the petitioner and beneficiary to get married - nothing more. That said, there are lots of people who discover that the relationship just isn't going to work within this 90 day period. Consider this a 'side benefit' of having 90 days to get married, and not specifically an intended use of this period of time. Be damned sure that both parties want to marry before you send the petition. USCIS will not help the OP return to their home country unless they are deported. If they leave voluntarily then they must arrange their own transportation. They may be able to get help from the embassy of their home country in the US. There is no cap on how many K1's a beneficiary can apply for. Plenty of people have been approved for a K1, but something came up and they couldn't move to the US before the visa expired. They subsequently applied and were approved for a second K1. It doesn't raise any suspicions if it's the same petitioner. If a subsequent K1 is filed by a different petitioner then it substantially raises the level of suspicion that the beneficiary's primary goal is immigration rather than a genuine relationship. Precious80, you asked for "good advice". My advice is to go home and start putting your life back together. As difficult as you think it will be to return home, it will be far more difficult to remain in the US. You have no path to legal immigration without marrying your fiance. Being in the US as an illegal alien might be appealing to someone from a third world country, but living legally in any country in Europe would be better than being an illegal alien in the US.	JimVaPhuong	Male	Vietnam	2010-11-20 21:00:00
K-1 Fiance(e) Visa Process & Procedures	Qustion about sponsorship and need help...	I am only one in my house hold and she is also by her self. She made 19000 last year. Verify that. Have her check line 22 on the 1040 form she filed. Many self-employed people have more than adequate gross revenues, but after their schedule C business deductions they end up with very little taxable income to carry over to their 1040 form. The US government gives you a lot of tax breaks when you're self-employed, but those breaks can bite you in the backside when you want to sponsor an immigrant.	JimVaPhuong	Male	Vietnam	2011-11-06 11:16:00
K-1 Fiance(e) Visa Process & Procedures	where do we start!	Yes. Really ! There are a host of relatively minor crimes that can make someone inadmissible. Many of these are crimes that often wouldn't even result in a jail sentence or probation if they had occurred in the US. Assault can be considered a Crime Involving Moral Turpitude (CIMT) if: 1. There is intent to kill, rape, rob, or do serious bodily harm, or 2. If a dangerous or deadly weapon is involved. Simple assault (e.g., getting into an argument and punching someone in the nose) is not a CIMT. The CO will have to review the court transcripts to determine if the crime makes the OP inadmissible. The fact that he was cleared for ESTA after declaring the crime leads me to believe it won't be an issue, but it's not a guarantee. They don't screen people as thoroughly for ESTA as they would for an immigrant visa or a visa that allows for immigrant intent.	JimVaPhuong	Male	Vietnam	2011-11-07 00:05:00
K-1 Fiance(e) Visa Process & Procedures	Marry with K1 Visa.. Apply for AOS on tourist visa?	Hi All, My fiance (chilean) and I (US citizen) want to apply for a K1 visa. However, after we get married here in the US, he will have to leave the country for work reasons. Currently he has a tourist visa. 1) Will his tourist visa be nullified by him applying for the K1 visa (and hopefully receiving it?) and 2) If not, will he be able to re-enter the US on his tourist visa and then apply for the adjustment of status? Finally, should we just wait to apply for the fiance visa until he will be able to live here permanently? The thing is we just want to get married. We've been together 5+ years and would prefer not to wait any longer, but at the same time we want to go about this in a legitimate way, as to not have trouble in the future. Any advice is warmly welcomed! Thank you!! Theanne PS The VJ community is the best! Have gotten such great advice here and I'm so glad I've found this site! Green cards are for people who intend to reside in the US. Someone who isn't ready to reside in the US doesn't need a green card. It sounds like you should think about this when he's ready to immigrate to the US. He doesn't need either a visa or a green card to marry you.	JimVaPhuong	Male	Vietnam	2011-11-06 23:52:00
K-1 Fiance(e) Visa Process & Procedures	Getting married in California	Didnt think this would be a problem but I am having a hard time getting the info I am looking for 1) Marriage License vs Marriage Certificate.... What is the difference? 2) How long does it take get the Certificate\Licence or whatever we need? 3) Do I just go to city hall or what? I am not religious and will not have anything religious Would appreciate if someone could explain the process. I am much better at taking apart servers and other complicated stuff than understanding these stupid #### rules =) Thanks A marriage license is permission from the state to get married in that state. A marriage certificate is a document certifying that you WERE married in that state. Go to the county clerk's office for your county. You can get the license, get married by a JP, and get the certificate, all in the same place. Usually takes less than a hour total. They'll even provide witnesses just in case you don't bring any.	JimVaPhuong	Male	Vietnam	2011-11-03 00:32:00