Forum	Title	Content	Member	Sex	Country	Date/Time
K-1 Fiance(e) Visa Process & Procedures	Will terrorist activity expedite processing?	Hello, everyone. First, thank you all for the help that you provide on this site. I think it is quite helpful and it is very much appreciated. My fiancée is in Mindanao in the Philippines, and there are both Muslim insurgents and Communist insurgents active there. In the past few weeks, there have been three bombings in her city, one fairly close to her own neighborhood. Do you think this might influence USCIS to process our K-1 application more swiftly? If yes, what would be my next step(s)? It has already been just over five months since USCIS received it (Texas Processing Center). Thanks very much! Kevin	Bikesnjaz	Male	Philippines	2011-11-08 20:38:00
K-1 Fiance(e) Visa Process & Procedures	K1 , HOW DOSE IT WORK ?	If her illness is temporary then you'll never get a waiver for the two year meeting requirement. If her illness is permanent, and she'll never ever be able to travel out of the US, then you've got a good shot at the waiver. As squeaky indicated, you'll have to try to get a B2 visa first and get denied. She'll have to submit a heap of medical evidence to prove she absolutely cannot travel - ever.	JimVaPhuong	Male	Vietnam	2011-09-27 22:43:00
K-1 Fiance(e) Visa Process & Procedures	k1_129f denied	How many times did you visit each other? Does your "fiance" have other relatives in USA? I am not sure why your petition was denied. But, I guess you'll have to go through another course of action. I'm so sorry. You're aware that you're replying in a thread that's more than six months old, right?	JimVaPhuong	Male	Vietnam	2011-09-30 00:48:00
K-1 Fiance(e) Visa Process & Procedures	k1_129f denied	This is worry some. I didn't realize you could be denied for only visiting your fiance only once. It's not that easy to visit your fiance if they live on the other side of the world. How common is this requirement? Does it vary from IO to IO? Do people usually visit multiple times? Have people who visited only once generally get denied? It depends on the country, but yes, in some countries making only one trip has been cited as a reason for denying a visa. This is especially true if there are cultural or traditional requirements that a relationship is expected to conform to. For example, some countries have a traditional engagement ceremony that might takes weeks or months to plan. Skipping this ceremony, or having a rushed ceremony on the first and only trip will often result in the visa being denied. In high fraud countries the consular officers will also look for signs that the petitioner and beneficiary have only done the bare minimum they think is required in order to get the petition and visa approved. Getting a petition approved only requires having met, face-to-face, one time in the past two years. This, along with other circumstances, is enough to deny a visa.	JimVaPhuong	Male	Vietnam	2011-03-15 20:47:00
K-1 Fiance(e) Visa Process & Procedures	k1_129f denied	It seems to me that somewhere, some lines got crossed. This is a previous post from the OP: http://www.visajourn...70#entry4233670 It doesn't appear that this issue was ever resolved. They got a letter from NVC that claimed they were applying for a K3. It looks like, based on the result, that the embassy /still/ thinks this is the case. She said they denied because they thought the relationship was a sham for immigration purposes. It doesn't sound like it was a K1/K3 mixup. If that were the case then they would have denied for lack of a marriage certificate.	JimVaPhuong	Male	Vietnam	2011-03-15 09:03:00
K-1 Fiance(e) Visa Process & Procedures	USC with no income	I don't know how to read your name, but thank you very much! I feel much better now! Another question: when the petition get approved, must I have an I-134 made by the petitioner herself or just the sponsor + co-sponsor? The petitioner IS the primary sponsor - always. The petitioner must always submit an affidavit of support. Since the petitioner needs a joint sponsor then the joint sponsor will also submit an affidavit of support. Both affidavits require whatever supporting financial documents the consulate requires (usually, the most recent tax return as a minimum). A joint sponsor will also need to submit proof of US citizenship or lawful permanent residence. The petitioner would have already submitted this proof with the petition.	JimVaPhuong	Male	Vietnam	2011-09-30 00:52:00
K-1 Fiance(e) Visa Process & Procedures	bringing a son to the states	I believe the petition only covers the unmarried child of the US citizen. The Dad cannot file for the wife and the child. The application was done when he was unmarried, why did he complicate issues by getting married? He better consult an immigration attorney before he proceeds any further. Since he already got the case number he can contact the embassy and they will give him further infromation on the next line of action. The visa category depends on the primary beneficiary. If the primary beneficiary is unmarried and under 21 years old then the visa category is immediate relative CR2, and there can be no derivative visas. If the primary beneficiary is unmarried and over 21 years old then the visa category is family preference F1, and there CAN be derivative visas. In other words, if the primary beneficiary is the unmarried son or daughter of a US citizen then the visa category is F1, and the minor children of the primary beneficiary can also apply for visas. If the primary beneficiary is married then the visa category is family preference F3, and there CAN be derivative visas - the primary beneficiary's spouse and minor children can apply for visas. All family preference visa categories allow for derivatives. Immediate relative categories do not. I just spoke to my friend. His father came to the U.S years ago and when he filed he filed for a F1 visa when his son wasnt married. The son has waited about 2 years thinking the Embassy would contact him. Last year he got married and is still waiting. I told him that the F-1 is for unmarried son who is over 21. I also told him that his father will have to file a I 130...am i correct? If not what should they do now? The embassy isn't going to contact him until they get the petition from the NVC. That isn't going to happen until the priority date is current and they've completed NVC processing. When was the petition filed? What if the dad came through the lottery...is he considered a permanent residence? He would have been a permanent resident when he arrived. This means he would have gotten a green card. He would have been eligible to apply for US citizenship after being a permanent resident for five years. Did he become a US citizen? If so, did he send the I-130 before or after he became a US citizen? If before, did he upgrade the petition with USCIS after he became a US citizen? It's difficult to answer your questions because we have no idea what qualifies the petitioner to file a petition - permanent resident or US citizen, and what stage the process is at.	JimVaPhuong	Male	Vietnam	2011-10-01 13:59:00
K-1 Fiance(e) Visa Process & Procedures	bringing a son to the states	I have a friend whose dad filed for him to come to the states. He received the letter with a case number but isnt sure if he should wait for the Consulate to contact him or if he should contact them. He is also married now with a child. When his dad first filed for him he wasnt married. Will the dad have to file for the wife and child or will they be considered under his petition?...thank you Is his dad a US citizen? If so then his visa category is family preference F3. His wife and child will be eligible for derivative visas based on the same petition. However, he'll have to wait until his priority date is current and they finish NVC processing before they'll be able to apply for visas. The current cutoff date for the F3 category is September 8, 2001. Was the petition filed before that date? If his dad is a permanent resident rather than a US citizen then he's not eligible for any sort of visa because of his marriage.	JimVaPhuong	Male	Vietnam	2011-10-01 13:23:00
K-1 Fiance(e) Visa Process & Procedures	Please HELP!!!	You can always transfer the case to his homecountry all he need is to request the embassy in nigeria to request the embassy in cypras to tranfer his case . If the beneficiary has (or can get) legal resident status in Cyprus then it would be preferable to interview there. In fact, it would be preferable to interview anywhere else in the world except Nigeria. The consulate in Lagos is regarded by many as the most difficult consulate in the world.	JimVaPhuong	Male	Vietnam	2011-10-01 13:18:00
K-1 Fiance(e) Visa Process & Procedures	Please HELP!!!	Hello VJ friends, Finally got a case number and the case has been forwarded to the consulate( Cyprus). Thank God we passed that stage. The problem is my fiancee's resident permit expires the end of the month and he is not able to renew it at this time...If he has to go in for his interview will it be a problem? I would really appreciate a prompt response and any more advice or info.. Thanks and God bless.. Is your fiance not originally from Cyprus? Most consulates require that the visa applicant be a citizen or lawful resident of the country where they apply for the visa.	JimVaPhuong	Male	Vietnam	2011-09-29 02:01:00
K-1 Fiance(e) Visa Process & Procedures	How much money is needed to support fiance?	I dont understand how everyone knows what the steps are if before filing it doesn't tell you what you will need later on down the line. When filing for the I-129F, the first process of the visa it doesn't state anywhere about what comes next and what you will need provide at interviews and things like this. Also does the US citizen have to go to the interview. I do attend to go but do I have to? You're dealing with two different government agencies. USCIS handles the petition part. Department of State handles the visa part. What's more, Department of State has a different consulate in each country, and those consulates each have their own operating policies. Some of the information is contained in the immigration laws. Some is contained in the policy manuals used by USCIS (the Adjudicators Field Manual) and the US consulates (the Foreign Affairs Manual). In short, all of the information you're looking for is out there, but it's not gathered all in one place. This is why immigration lawyers make so much money from people who won't or can't do the research for themselves. Much of the information you need for the entire process is gathered together here on VJ in the form of guides. For the consulate specific stuff that's not in the guides you can either go to the consulate's website and download the interview instructions, or you can ask in the regional forums here on VJ. The rest of the "dirty little secrets" that neither USCIS nor the consulates will share are things that people here on VJ have learned (some learned the hard way) over the years, and are sharing with new members when the questions come up. For do-it-yourself family immigration, you've definitely come to the right place. Some consulates do insist on the US citizen attending the interview. Most do not. Many will not even permit the US citizen to enter the visa section during the interview. The consulate in CDJ doesn't require the US citizen to attend.	JimVaPhuong	Male	Vietnam	2011-10-02 00:18:00
K-1 Fiance(e) Visa Process & Procedures	How much money is needed to support fiance?	I am living here in Mexico on a tourist visa, but my residence is in the USA numero uno. Numero Dos - My mother does have a job, although she has been injured on the job no income, but she will be getting her back pay from the post office very shortly, maybe before my interview (which should be soon because I've been waiting 2 months since filing) - THe K1 is already filed (FYI) You dont need to be all defensive. I understand lying is not good for the govt but my mom will give me the money (as a gift persay). Its not like my mom is going to take the money back after he gets here. Its a longer process to get married in Mexico then go to the USA because first you need consent from the govt to do this plus, I dont want to do that. It's funny how rude people can be on these forum websites. People are sometimes rude because they don't know you personally. That's why you shouldn't take anything anyone says on a web forum personally. The purpose of providing an affidavit of support is to convince the consular officer that your fiance will not become a public charge once in the US. They are required to make this determination under the law. When someone becomes an immigrant (gets a green card) the US government requires an iron clad guarantee that the person will not become a public charge, and that the government will have recourse to be reimbursed if they do. This guarantee is provided in the form of an I-864 affidavit of support. The I-864 is a legally binding contract between the sponsor and the US government. The sponsor promises the US government that they will provide the necessary support for the immigrant, and that if the immigrant collects any means tested benefits then the government can sue the sponsor for reimbursement. The minimum income requirements are spelled out in section 213A of the Immigration and Nationality Act (INA). The INA also allows the government to consider assets in addition to income. How they consider this is a matter of policy rather than law. A K1 is not an immigrant visa. An alien with a K1 visa does not become an immigrant until they arrive in the US, marry the petitioner, and their application to adjust status is approved; i.e., they get a green card. What the consulate is looking for is some strong assurance that the alien will not become a public charge. In addition, they want some strong assurance that the alien will have a sufficient sponsor when it comes time to adjust status in the US. They don't use the same affidavit of support - they use the I-134 instead, which is not legally binding on the sponsor. They also don't apply the same rules. Some consulates won't accept a sponsor who is trying to qualify on assets alone, and some won't even accept a joint sponsor. They don't have to because the law doesn't define how they make the "public charge" determination for a K1 visa. They have absolute discretion. What the consulate is going to be looking for is an indication that the sponsor (you) are currently able to meet the financial requirements, and that your financial history shows that it's likely you'll continue to be able to meet those requirements for the foreseeable future. This is why a lump of money in a bank account isn't much good for someone who has never held a job according to the IRS, unless it's a huge lump of money and you're living comfortably on the interest income. That lump of money becomes pretty much worthless if you had to borrow it. The consulate in CDJ will accept joint sponsors. The requirements for the joint sponsor are the same as they are for the sponsor. They must have enough current income to qualify for their household size, and the consular officer must be convinced, based on their financial history, that they're likely to continue to qualify for the foreseeable future. A joint sponsor who is unemployed and has no current income won't be of much use unless they have massive assets as described above. Your best bet is to find a joint sponsor who has a stable job, and enough income to qualify.	JimVaPhuong	Male	Vietnam	2011-10-01 13:11:00
K-1 Fiance(e) Visa Process & Procedures	payment	More useful information could be provided if the OP would tell us which country/consulate they're dealing with. The visa application fee has been covered. Whether you pay it at the consulate or somewhere else (e.g., a bank) depends on the consulate. There's also a medical exam fee which varies, depending on the country and sometimes also on the panel physician. Some consulates ask the beneficiary to pay a courier fee to deliver the passport and immigration packet.	JimVaPhuong	Male	Vietnam	2011-10-02 11:01:00
K-1 Fiance(e) Visa Process & Procedures	provisional file	Can i send out a letter to start a provisional file after i recieve my first no1? has ayone done this any help would be good thank u No. A consulate can only set up a provisional file if you send them a copy of your approval notice - NOA2. The chances of this saving you any time is slim. Many consulates won't respond to the request. Many won't accept any packet 3 documents from the beneficiary until they've received the petition package from NVC. If it works at all then you might shave a week or two off of the time between approval and interview, at best. There are a slew of websites that recommend asking the consulate to open a provisional file, but almost all of them are owned by the same company and give the same canned advice. Only a handful of immigration attorneys even suggest this.	JimVaPhuong	Male	Vietnam	2011-10-03 00:28:00
K-1 Fiance(e) Visa Process & Procedures	past divorce question for I-129F..time sensitive.	Thank u very much everyone, guess i will get a certified copy just to be on the safe side... I know Nigeria likes to stress u out over small things... better safe then sorry. It's not to be on the safe side. It's absolutely required with the petition. It's in the I-129F form instructions, page 3: If either you or your fiancé(e) were married before, give copies of documents showing that each prior marriage was legally terminated.	JimVaPhuong	Male	Vietnam	2011-10-04 01:14:00
K-1 Fiance(e) Visa Process & Procedures	Will a fiance Visa work for us?	I dont agree with this, isnt there a law or something regarding people being brought here when they are so young that they cant be liable for unknowingly being illegal? Yeah. It says they don't start to accumulate unlawful presence until they are 18 years old. After that, they're responsible for their own actions. However, someone who entered without inspection cannot adjust status except under somewhat rare circumstances. If he was abused by an LPR or US citizen spouse in the US then he could apply to adjust status under VAWA. If someone had submitted an approvable immigrant visa petition for him before April, 2001, then he might be eligible to adjust status under section 245(i) of the INA - the last remainder of the Reagan amnesty program. Another option is asylum/refugee status, but the chances of that being approved for a Mexican national is nil. He can't adjust status as the spouse of a US citizen because of the EWI. Another option is to hope for the DREAM act to pass. The chances of that happening in the near future are pretty grim. The Democrats couldn't get that passed when they controlled the Senate, the House, and the Presidency. I seriously doubt they'll be picking up seats in the November election. In fact, I'm guessing the next election is going to be a bloodbath for the Democrats, figuratively speaking. Edited by JimVaPhuong, 03 October 2011 - 12:41 AM.	JimVaPhuong	Male	Vietnam	2011-10-03 00:40:00
K-1 Fiance(e) Visa Process & Procedures	random questions about I-129f package...	I did a web search for "USCIS service center for indiana" and it says there is an Indianapolis field office. I am guessing this is probably the correct address to use, but as you pointed out it is probably irrelevant because they just want to see the content of the letter. USCIS field offices do not adjudicate I-129F petitions. They are adjudicated at USCIS service centers, usually Vermont or California. The address you write on the cover letter or letter of intent is not relevant. I've pointed this out in other threads. It's a standard courtesy in a business type letter to include the name and address of the addressee at the top of the letter, but it's not critical that you do so. They won't reject your petition if you put the wrong address or don't put any address at all. The cover letter is not even required with the petition package - again, it's just a courtesy. The letters of intent are required, but it makes no difference who you address them to. It's the statement and signature that are required. Anything else is fluff. If you feel it's necessary to put an address at the top then put the same address you're mailing the petition package to. That way you don't have to make any presumptions about where your petition will ultimately end up. A photocopy or FAX of the G-325A will usually be accepted - the consulate can ask that the form be signed at the interview. In Gary's interview with the director of the Vermont Service Center he said that a copy or FAX of the G-325A was ok. Still, there have been a few people who have gotten an RFE for a G-325A with an original signature. The letter of intent must be original. The I-129F form instructions specifically require original statements. As long as you've got to get an original letter of intent then you might as well get a signed G-325A. My personal policy when dealing with the US government is never think in terms of how little or much you can get away with, but just give them precisely what they ask for and maybe a little bit more. You should never ever forge someone elses signature.	JimVaPhuong	Male	Vietnam	2011-09-05 22:00:00
K-1 Fiance(e) Visa Process & Procedures	Co-sponsors! What exactly do they need to show?	W2's aren't much use without the complete tax return that goes along with them. She needs to include a copy of her entire tax return, including all forms and supporting documents (W2's, etc.), just as it was sent to the IRS. If she filed electronically then she needs to create a tax return identical to the one she submitted electronically, including the supporting forms. A better option is to get tax return transcripts from the IRS. They're free, take about two weeks, and no other supporting documents would be required. Her household size would include her, your dad, your brother, AND the intending immigrant - 4 people. If she claims any dependents on her tax return that don't live with her then they ALSO count in her household size. The letter of employment should state when she started working there and her annual salary or hourly wage. It should be printed on the company's letterhead stationary. It's common for an employer to be asked to provide this, and most will have a standard format letter they can provide. She shouldn't feel odd about asking for this.	JimVaPhuong	Male	Vietnam	2011-10-04 21:55:00
K-1 Fiance(e) Visa Process & Procedures	Poverty 125% in 2012	Look at what has occured in the past. Its the U S government. The U S fiscal year begins in Oct. The U S economy is a total disaster & in decline. When you file for the AOS you can request a EAD card for Ice. You have said he will be working in your business as soon as he can do so legally. By the time the AOS meeting occured he would have an income or if there is any doubt use your family as co sponsor. You have said they are willing to do that before. Your present income is high enough to sponsor him now. No reason to think it wont be enough later. The poverty guidelines are not based on the US economy. They're based on the consumer price index. If the economy tanks, and unemployment skyrockets, it won't affect the poverty guidelines unless consumer prices also go up at the same time. The CPI usually goes up each year, but not always. It didn't go up significantly between 2009 and 2010 because of the deflationary pressures of the recession. Consequently, DHHS didn't change the poverty guidelines in 2010.	JimVaPhuong	Male	Vietnam	2011-10-01 13:43:00
K-1 Fiance(e) Visa Process & Procedures	Help with G-325A	I thought birth certificate only need before interview and we need to translate to English language? Do I misunderstood it? You're correct. It's never required to send a copy of the beneficiary's birth certificate with the petition.	JimVaPhuong	Male	Vietnam	2011-10-04 22:00:00
K-1 Fiance(e) Visa Process & Procedures	K-1 Visa - U.S. Military requirement??	Not to worry, it is the registration for 'selective military service'. It is not joining the Army (not even the Reserve), it's just registering (to make a long story short, in case there was a war so bad that the entire army gets wiped out, and the reserve as well, someone has to go up to the front, that would be us guys). Applicable to anyone at or under 26. He will need the registration confirmation for the AOS (or when he applies to the USC) if I recall correctly. The key here is the exact age he has when he enters the US with the intent of residing. ANyone coming over that is older than 26 is also required to send the registration and the confirmation letter will sate that you are not required to do selective service. This is a little over simplistic. The US would reinstate the draft long before the entire army got "wiped out". They would even reinstate the draft in peace time if the number of volunteers fell below the number of recruits needed to maintain force readiness. Everything depends on how many people they need vs. how many are volunteering. US forces are currently stretched pretty thin, but the shortage of personnel is because of budget restraints and not because of a lack of volunteers. This post has me a bit worried... so my fiance came over in June. He's supposed to go to the post office, get that form, and fill it out? We just filed for AOS in late September. Yes. We got selected for an AOS interview, and the IO gave my step-son the registration form to fill out at the interview and filed it for us, so we didn't have to go to the post office and do it ourselves. He got a letter confirming his registration a couple of weeks later. Unlike Gary's case, I don't think registration for the US draft excuses my step-son from eligibility for conscription in Vietnam.	JimVaPhuong	Male	Vietnam	2011-10-05 10:42:00
K-1 Fiance(e) Visa Process & Procedures	Word of Advice to all who wish a K1	i dont know if this could get the BP or whatever you call them officer who admitted me into the country in trouble or not, but he wasnt very careful with my package ( more like allowed me to see everything ) and there are pretty much no secret stuff in there,its just everything you have admitted to USCIS and the consulate minus the pictures. No, he wouldn't get into any trouble. There are no "secret" documents inside the sealed envelope. You've seen almost all of those documents already. The reason for putting them in a sealed envelope is not because they don't want you to see what's inside. It's because they don't want you tampering with the documents before USCIS gets them.	JimVaPhuong	Male	Vietnam	2011-09-30 12:07:00
K-1 Fiance(e) Visa Process & Procedures	Alphabets used for I-129F	I'm filing for I-129F and need to enter the address of the beneficiary from Poland. Polish writing is of Roman-based characters but there are some characters that do not exist in the Latin alphabet. For instance, the province named ?l?sk in Polish is translated as Silesia in English. Should I use the English translations everywhere in the form but enter the native writings in box 16 for clarification/correction? (To make matters worse, Slask can also be understood as Silesia in Poland). Thank you. Yes, use the English translation everywhere except box 16.	JimVaPhuong	Male	Vietnam	2011-10-04 01:07:00
K-1 Fiance(e) Visa Process & Procedures	Help - Child of Fiance	If the father of the child won't cooperate then she can't bring the child to the US. The passport isn't the only problem. He'll need to sign a quit claim giving the child permission to immigrate or the consulate won't issue a visa. There's no way around this in most countries. I've seen a few cases where people have managed to coerce the father into agreeing by threatening to make his life more difficult; e.g., a child support enforcement order. However, if he's already paying child support then I'm not sure what she could do that would make his life any worse. The way lawyers usually handle a situation like this is to get both parties in the same room along with the documents they need to sign. If one party refuses to sign then the lawyer tears up any documents the first party already signed. Neither party can back out after getting what they want.	JimVaPhuong	Male	Vietnam	2011-09-13 12:23:00
K-1 Fiance(e) Visa Process & Procedures	I need the expedite process	You won't get a decision on an expedite request by October 5th. In fact, even if the request is sent overnight express it's unlikely anyone at USCIS will even look at it before October 5th. Expedite requests usually take a week or two before you get a decision. If it's approved then the petition will be adjudicated within another couple of weeks. After that, you've still got NVC and consulate processing, which will take a couple of months. So, assuming your expedite request were approved, you might get to the US around the end of the year. Depending on where you live, you might need to get a green card before you'll be able to get a license to drive a car. That will take about 4 months. If you think you've got serious humanitarian grounds that would justify an expedite then you might be able to get a B2 visa approved on the same basis. This would allow you to come and stay with your fiance for a few months while you're waiting for the K1 visa process. The B2 visa application process usually only takes a matter of days. I hope the biopsy turns out negative.	JimVaPhuong	Male	Vietnam	2011-10-03 11:34:00
K-1 Fiance(e) Visa Process & Procedures	I-129F and Sponsor documents	Well, we haven't submitted our I-129F package yet but everything is ready! Still, I have one question about the Sponsor that's gonna come later in the journey. Do I or should I include a G-325a for the Sponsor or any document from the sponsor in the I-129F package?! Thanks! If you're referring to a joint sponsor, then no - you don't submit anything from a joint sponsor with the petition. However, the petitioner is always the primary sponsor.	JimVaPhuong	Male	Vietnam	2011-10-06 23:11:00
K-1 Fiance(e) Visa Process & Procedures	Depressed :( Still no co-sponsor	I have been doing a lot of reading on the I-134 and the I-864 instructions and it does ask for sponsor or co sponsor to show proof of steady income and tax returns and possible assets. I asked my attorney who does not seem to give me sound advice about this, and they say the uscis asks for proof of employment, but I don't see that. It does ask that if you are employed that you have to show proof of your earnings. I own my own home and my credit is good, never filed bankruptcy or anything like that, so I was hoping that I might be able to use my home as assets on the forms. Has anyone else gone through this, where you are just down on your luck and no one will help you out or even really listen to what a co sponsor is, and if so, how did you get approved. I can't stand this being away from my fiance and it is just so discouraging right now, to see no help or anyway to get through this. Thanks. Your lawyer is basing his advice on his experience and his knowledge of the law and the policies of the US government agencies involved. The form instructions only tell you what the minimum requirements are. If they were to include all of the criteria which each agency will use in evaluating your affidavit of support then they'd have to include a copy of the Immigration and Nationality Act, Title 8 of the US Code, the USCIS Adjudicators Field Manual, and the Department of State Foreign Affairs Manual. You can either read the relevant laws and department policies yourself (I'll be happy to provide links) or you can trust that your lawyer knows what he's talking about. In this case, he's probably right. There's a good chance a consular officer wouldn't accept an I-134 as sufficient without proof of current income. The consular officer is looking for proof that your fiance won't become a public charge, and that there is a sponsor who will be able to qualify later for adjustment of status. Assets alone are risky, especially if the value of those assets is speculative.	JimVaPhuong	Male	Vietnam	2011-10-06 10:29:00
K-1 Fiance(e) Visa Process & Procedures	Advice for friend	My friend filed an I-129F for his engagement recently, but wants to hurry the process because he will relocate outside the US next year for work for an extended period (1 year). He's afraid of leaving his new wife, who will be stuck in the US until she receives her green card. So he thinks going the B-2 visa route and then AOS for her green card would be faster. Like it would take only 3 months or something crazy like that. Please tell me the reasons he should NOT do this, other than it's fraudulent use of B-2? The bolded text above isn't enough reason for him? In all honesty, unless his fiancee is pulled into secondary inspection and grilled when entering the US, the risk of adjusting status after entering with a B2 visa is relatively low. Many people do it this way, often on the advice of an attorney, and most of them are successful. No matter how small the risk is, that risk doesn't exist if they pursue a fiancee or spousal visa. Personally, I would opt for no risk over low risk if the only difference between the two is a matter of months saved. There's also a chance that she won't be able to get a B2 visa because of the pending I-129F. This raises the level of suspicion for immigrant intent. Ok, let's presume he get's his fiancee over here sooner, marries her, get's a green card for her, and then takes his job abroad. What's he going to do with his new wife? Is he going to bring her with him? Most countries don't treat US permanent residents any different than they would any other alien from her home country. She'd probably still need a visa to enter that country and stay with him for a year. She'd probably also need a reentry permit from the US or she'll lose her green card if she's absent for a year or more. It might make more sense for him to withdraw the I-129F, marry her, and then she can apply for a visa to the country where he'll be working for a year. While there, he can file an I-130 spousal visa petition for her. She can probably get the spousal visa before he returns to the US, and then she'll enter as an immigrant and get a green card automatically.	JimVaPhuong	Male	Vietnam	2011-10-09 12:08:00
K-1 Fiance(e) Visa Process & Procedures	i am really nervous... need help!!!!	I wasn't worried before, but after seeing this thread, now I'm worried... thanks. I'm divorced after being married 10 years to someone I brought here with a K1 visa. I started communicating with my fiancee before the divorce was finalized (but the ex wife had moved out and was gone 2 years earlier.... nothing wrong was going on here). They are taking very long to approve and send the NOA2 and I'm wondering why. It's possible that they're investigating the circumstances of the previous marriage. Impossible to know for sure because USCIS isn't likely to spill the beans. How was your income for the previous petition? Did you need a joint sponsor? In cases involving multiple immigrants through the same petitioner, and a petitioner with low income, they sometimes suspect someone who is being paid to help people immigrate. If income isn't an issue then they'd be less likely to suspect you were knowingly used to get a green card. However, if your previous wife was also from the Philippines then they might figure you're a sucker for Filipinas, and they might look at the previous marriage to see if there's a chance you got suckered, and might be getting suckered again. Dunno. Hope you get your NOA2 soon!	JimVaPhuong	Male	Vietnam	2011-10-10 10:32:00
K-1 Fiance(e) Visa Process & Procedures	i am really nervous... need help!!!!	There will not be a problem as long as the divorces are proven and legal. They may want to see if you have financial liabilities, like alimony and such, that will affect your ability to provide for the beneficiary. You simply have to be legally free to marry and today a divorce is not uncommon. Just make sure to have the final disposition paperwork and not simply the papers files with the courts. You want the one with the judge's signature and court stamps on it as well as the date of dissolution. This is a generalization based on a first world viewpoint, and it may not be true in the OP's case. Divorce can be a very big deal, depending on what country the beneficiary is from, how recently the divorce was granted, whether either party still maintains close ties with their ex-spouse, and whether the petitioner and beneficiary were still married when their relationship began. One VJ member met his wife while he was working in Vietnam, and both of them were in the process of divorcing but still married. They spent months in AP, and went through an in-depth investigation by the consulate's Fraud Prevention Unit, which included visits to the beneficiary's hometown and calls to the petitioner and their employer. In every other way, their relationship fit the VJ playbook for a perfect interview experience. The recent divorces and overlapping relationships were their only significant red flag. Another VJ member was denied a K1 visa at the consulate because he was allowing his ex-wife to rent a room from him and the consulate found out about it. They presumed the divorce was obtained as a matter of convenience so that the petitioner would be eligible to submit a petition to help the beneficiary immigrate. There have been other cases where a visa was denied because the consulate found out that the beneficiary still maintained ties with an ex-spouse. In those cases they suspect the beneficiary divorced in order to be eligible for a fiancee or spousal visa, and that they probably intend to divorce the US citizen petitioner as soon as they are able and ultimately petition for their previous spouse. It's important for everyone to be aware of what the consulate in their country considers to be indicators of potential visa fraud, and to know whether any of those circumstances exist in their own case, and be prepared to address them appropriately. This includes divorce.	JimVaPhuong	Male	Vietnam	2011-10-10 10:09:00
K-1 Fiance(e) Visa Process & Procedures	i am really nervous... need help!!!!	It depends on the country. It can be a big issue in some countries if either the petitioner or beneficiary were divorced recently, especially if their relationship began before they were divorced. It can also be an issue if the petitioner's ex-spouse became a permanent resident through their marriage, or if the beneficiary was previously married to a US citizen. All of these things can be signs of potential visa fraud to a consular officer.	JimVaPhuong	Male	Vietnam	2011-10-05 10:47:00
K-1 Fiance(e) Visa Process & Procedures	fiance daughter	hey guys...my fiance has a daughter that he does not have contact with. He has not seen her in over 6 months. when i filed the i-129f i didnt not add her name on the application nor did he add her on the ds156 . my question is when he goes to his interview 11/10 and they ask him if he has kids what should he say?? we do not want to deny her existence, i just didnt add her name in the beginnng because i thought i would then have to get her passport & medical and etc..even though she would not travel with him (her mother let it be known she would never let her go)!! The daughter should have been listed on the I-129F. It doesn't matter if you thought she would be applying for a visa. The form instructions don't ask for that information. It just says list all children - full stop. Same with the DS-156K - it gives you the opportunity to indicate whether the child will accompany the primary beneficiary or follow to join, and you can answer "no" to both questions. He should correct this at the consulate. Fortunately, it's not a material fact. His eligibility for a visa isn't affected by whether or not he's got kids, so they won't accuse of him fraud for not providing the information before. He can simply explain that both of you thought the child didn't need to be listed if she wasn't going to be immigrating. If he doesn't clear this up, and they end up discovering it, then they might crawl up his tailpipe with a microscope (figuratively speaking) to find out what other information he might be trying to conceal. It also wouldn't hurt if you provided a notarized statement from yourself explaining that you're aware of the existence of the daughter, and that you didn't list her on the I-129F because you misunderstood the form requirements. This should prevent the consulate from accusing him of keeping secrets from you.	JimVaPhuong	Male	Vietnam	2011-10-09 12:22:00
K-1 Fiance(e) Visa Process & Procedures	K-2 aging-out	Well, miracles do happen, when you trully wish for them. We didn't lose hope in this journey, and here it is. First small miracle happened when VSC denied expedited, but processed our case in just 3 month. In the meantime second small miracle happened, BIA ruled on 06/21/2011 in the binding decision, that K-2 CAN adjust as long, as they enter country before 21-st birthday. So, adjustment at anytime is not a problem anymore. Third small miracle happened, after e-mail to Embassy. They actually agreed to expedite request and did interview on September, 30 (consular section is closed on that day, last Friday of the month.). Today Olya got passports with visas, in her hand. Just two weeks shy of my step-daugher's birthday. What else could we wish for? That's awesome news. Congrats! There was a small "party" in the AOS forum when that BIA decision was published.	JimVaPhuong	Male	Vietnam	2011-10-10 10:15:00
K-1 Fiance(e) Visa Process & Procedures	K-2 aging-out	Hi everyone. I would like to find out if anyone knows - what course of action (if any) can be taken in situation like my fiancée and I in right now. I sent out I-129F about a month ago. Looking at "current" processing times it would be virtually impossible to bring my fiancée daughter here (she turns 21 at the end of October). However I don't want to give up or simply let it go as is. After receipt of NOA1, letter was sent to VSC, asking for expedited processing on this application. Most likely it is already in the shredder (Sorry for sarcasm, but all I had is a bad experience with USCIS, took them 3 years to process my Green Card and 5+ years and lawsuit to get Citizenship, both slow-downs because of "lost paperwork" which was miraculously "found" once lawsuit was filed). Anyway, I would like to find out if anyone had situation like this, and what to do? Does hiring attorney will help or nothing can be done? Also - how long does it take for case status to show online? It is a month already, but...."Your case can not be found at this time in My Case Status...." I wouldn't worry much about the online case status. It's never been very reliable. Many cases never get entered into the system, and many others never get updated when they're supposed to. What you're looking at is not the actual database where the cases are stored, but a publicly accessible database that contains minimal information about each case. The public database is updated by an automatic program. A variety of different status flags in the 'real' database can prevent the program from transferring information about a case to the online database. Your situation doesn't look good. A possible age-out situation is less likely to be expedited at the petition stage when the person aging out is a derivative rather than the primary beneficiary. Even if you manage to get it expedited at every stage, the likelihood of getting your future step-daughter to the US and completing her adjustment of status before she's 21 is very remote. Hiring a lawyer isn't likely to speed things up, unless you happen to find a lawyer who has friends in high places at USCIS. You could contact your elected representatives, but there's not much they can do to put pressure on USCIS until your case is outside of normal processing times. Add to this the fact that you're probably not on USCIS' favorites list... well, you see where I'm going with that. Basically, you need to complete everything, from petition to green card, before the end of October. It seems like it would be a minor miracle of this happened. If she ages out then your wife will have to petition for her once she get's her green card.	JimVaPhuong	Male	Vietnam	2011-05-29 10:16:00
K-1 Fiance(e) Visa Process & Procedures	Diferrence Age	how about if the usa husband is older than the wife (26 age difference) so they may deny my cr1? the wife is from morocco I don't know a lot about the cultural and traditional standards of Morocco, but I do know that when the situation is reversed - older US citizen woman petitioning for a much younger Moroccan man - the consulate gives them a lot of grief. In many traditional Islamic cultures, it's common for an older man to marry a younger woman. It's less common in more modern Islamic cultures. I don't know if Morocco would be considered traditional or modern.	JimVaPhuong	Male	Vietnam	2011-10-10 10:23:00
K-1 Fiance(e) Visa Process & Procedures	Diferrence Age	Look, let's say your daughter 18 brought a man your age home and said we are in love and getting married. Would you say okay? Or would you question it. I'm just saying that age will raise question (in general not for visa). When you introduce your wife to coworkers, friends, and others. Don't you think that age will come up in there minds. For some it will be an issue for others it will not. Just like homosexual adopting ( which I'm for). Until I get to know you and you change my mind. i can base my opinion on you and anyone else, how I want. I asked her she told me it was not for the gc, but my cooking abilities. It depends entirely on the beneficiary's culture. In some countries it's extremely common for older men to marry much younger girls. The men don't marry until they're old enough to have acquired some assets, and can afford to support a family. They marry much younger women because they want someone young and strong with many child bearing years ahead of them - remember, women reach an age when they can no longer bear children, but men never reach an age when they can no longer sire children. On the other hand, in some countries it's considered extremely unusual for an older woman to marry a much younger man, especially if he doesn't have any children, and she's too old to give him any. USCIS doesn't care about this, but the consular officer will apply local customs and traditions when evaluating the relationship.	JimVaPhuong	Male	Vietnam	2011-10-09 23:34:00
K-1 Fiance(e) Visa Process & Procedures	Diferrence Age	one of the question that freak me out is when u r under K1 they aske you why do not marry her ..and if u are under K3 they ask you why marry fatser damn it sucks Morocco?	JimVaPhuong	Male	Vietnam	2011-10-09 01:30:00
K-1 Fiance(e) Visa Process & Procedures	Does petitioner need to go to interview?	My fiance came to the USA illegally, has not been in trouble with cops or arrested... The police department will not give a police certificate because he has no record... Now what? You don't need a police certificate for time spent in the US. The K1 instructions almost always give a list of countries for which no police certificate is required, and the US is one of those countries. How did he enter the US? Did he have a visa or border crossing card, or did he just hike across the border (i.e., did he enter illegally)? How did he leave the US? How long was he in the US? If he was in the US illegally for more than six months, and if the US government knows about it, then he probably incurred a ban when he left.	JimVaPhuong	Male	Vietnam	2011-10-05 20:45:00
K-1 Fiance(e) Visa Process & Procedures	How long is the K-1 visa valid upon issuance..	i didn't write those answer myself which was also why i gave that particular link.... if number 3 is not correct per the link... then why is it there? or maybe it shoulb be rephrased to say YOU SHOULD file for.....or THE NEXT STEP is.... In spite of that being an "official" VJ list, there are several errors or discrepancies in it. A K1 visa is valid for a maximum of six months, but occasionally is valid for less time. For example, if the medical exam expires in less than six months from the day the K1 visa is issued then the K1 will probably be scheduled to expire the same day the medical exam expires. A K2 visa may be issued within one year of the issuance of a K1 visa, but a K2 visa is also only valid for a maximum of six months. A K2 can enter the US more than one year after the K1, as long as the visa is still valid. For instance, the K2 visa can be issued one day before the one year time limit expires, and the K2 visa could still be valid for a further six months. There is no statutory requirement for when a K1 (or K2) must apply for adjustment of status. If the K1 beneficiary marries the petitioner within 90 days of entry then they remain eligible to adjust status based on the K1 petition virtually forever, as long as they're still married to the petitioner. One limitation is that adjustment of status based on a K1 petition and marriage must be to conditional permanent resident, even if the marriage is more than two years old by the time the K1 adjusts status. Some USCIS IO's have insisted that a new I-130 petition be submitted in this case, since adjustment of status based on an I-130 petition may be to unconditional permanent resident. Even if the IO doesn't insist on it, if a K1 waits more than two years to adjust status then it would be prudent for the US citizen spouse to submit an I-130 with the adjustment of status application. This will allow the K1 beneficiary to adjust to unconditional permanent resident and skip removal of conditions. The VJ outline is simply wrong when it says you must apply for adjustment of status immediately after marriage. It's wise to file as soon as possible, but there is no deadline after which the K1 would no longer be eligible to adjust.	JimVaPhuong	Male	Vietnam	2011-10-09 00:46:00
K-1 Fiance(e) Visa Process & Procedures	Advice/Thoughts Needed...K-1 Vs N-400	N-400? I'm not sure where you think that comes into play. Your fiancee has no claim to US citizenship. Your child does, though. Let's deal with the child first. You need to file a consular report of birth abroad. You'll need to prove that you are the biological father. You can start your research for this here: http://ciudadjuarez....v/hacscrba.html Once the CRBA is approved then your child will get a US passport. The child won't need a visa to come to the US because it's a US citizen. For your fiancee, it's your choice - K1 or spousal visa petition. The K1 is a tad faster to get, but it costs more in the long run because your fiancee will have to adjust status after arriving in the US and marrying you. The spousal visa takes a little longer, but she'll get her green card automatically shortly after entering the US - no adjustment of status. Understand that she doesn't automatically become a US citizen after marrying you, whether she marries you in Mexico or the USA. She'll be eligible to become a permanent resident; i.e., to get a green card. Once she's had her green card for three years, and if she's still married to you, then she can apply for US citizenship. It will be years before you'll be thinking about the N-400.	JimVaPhuong	Male	Vietnam	2011-10-11 00:21:00