ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresDifference of Age

The marriage is in USA to be US Citizen in the USA. the application process is done by Americans, so, they need to make sure and do their research regardless of where the finance is coming from and treat each case as a potential fraud.

But the Visa interview happens int he Philippines and the applicant is Filipino, Philippine Cultural Standards prevail...

But I do want to thank you for demonstrating exactly why VJers shouldn't bother commenting on threads asking country specific questions when they know nothing about the standards observed in that country.

If the age difference is culturally acceptable then it won't raise any red flags at the Embassy interview.
Bob 4 AnnaMalePhilippines2011-10-23 19:56:00
K-1 Fiance(e) Visa Process & ProceduresCan I bring my 15-month old daughter?

Hahaha... I know that... But my fiance kept on insisting to bring her... I will have to think about it real hard...

The child's presence will have no bearing on your case with the CO. They have most likely already determined if something is awry with your case file even before you've entered the US Embassy.

On the other hand, if your child is misbehaving or just wanting to monopolize your attention during this important and often stressful time then it could cause you additional and unneeded stress on top of the normal things you're dealing with as you make the final push to complete the Visa process.

In short, why over complicate things by bringing her along? Leave her with Lola so you can focus on your interview.
Bob 4 AnnaMalePhilippines2011-10-28 09:48:00
K-1 Fiance(e) Visa Process & Procedures125% ,medcaid ,child support

Obviously, if these children are counted by USCIS as part of the petitioner's household, then their financial support should naturally be counted as well- it demonstrates that the petitioner is capable of supporting the members of the household adequately, according to the standards required by the USCIS.

I think that's where the real problem lies... Maybe the better solution would be for USICS to make an allowance or adjustment if there are children receiving Child Support. Maybe it should be something like using the number of dependents you are able to count on your taxes as quite often when a parent is paying child support they will get to share the tax deduction either by alternating years, counting one or more of the kids every year etc.

I would agree if the other parent is the primary source of support for the child then maybe it would be fair to not count them as a household member on the AOS but only if they Petitioner isn't also taking tax benefits for that child.

For what it's worth, I've never listed the Child Support I receive as "My Income" regardless. Not when going for a mortgage, car loan or eiter of the I-864s that I've had to provide in this process.

Edited by Bob 4 Anna, 30 October 2011 - 10:45 AM.

Bob 4 AnnaMalePhilippines2011-10-30 10:44:00
K-1 Fiance(e) Visa Process & Procedures125% ,medcaid ,child support
Regarding the Child Support payments, technically that money is not the parent's income it is children's. You are allowed to include income from household members but they must be of legal age and if the children are still receiving Child Support (see the children receive it not the custodial parent) then they are probably minors which means they can't legally agree to allow their income to be included.

Of course this is my opinion based on being a parent who has received Child Support from my ex-wife for the last 12 years. I'm always amused by people who don't understand who's income that Child Support is.

The court didn't order my ex-wife to pay me, they ordered her to pay her fair share of raising our children.
Bob 4 AnnaMalePhilippines2011-10-30 09:06:00
K-1 Fiance(e) Visa Process & ProceduresFiance changed her mind

Lack of money In the Philippines it should read

I don't want to derail anything but in all honesty her getting engaged didn't change or affect her & her family's financial situation in the Philippines.

You might want to review exactly what happened and evaluate it not as someone in the heat of the relationship but as an unbiased 3rd party observer.

My Awesome Pinay Wife's financial expectations have never changed, she still expects herself to work just as hard to support our family as I do.

A few members of her family had these sudden changes in expectations but she was always the stopping point for any of it. She loves her Mom & brother but they were both making it before she married me and she should be able to continue to do so even now that she's in America. Of course that doesn't mean we don't do anything for them but it's always at our choosing.

I'm ready for her Mom to move here in 2 or 3 years and expect that we'll become her sole source of support as she'll probably not be able to work once here but that's a situation we're both okay with.
Bob 4 AnnaMalePhilippines2011-10-30 09:20:00
K-1 Fiance(e) Visa Process & ProceduresApplying for a tourist visa while awaiting NOA 2 from K1 application

Good luck with the VWP!

Am I wrong in understanding that a denied B Visa application disqualifies someone from using the VWP?
Bob 4 AnnaMalePhilippines2011-10-28 10:23:00
K-1 Fiance(e) Visa Process & ProceduresImportance of communication screenshots and ongoing relationship proof during interview

If you are talking to me, I did say "Philippines-K1 applicants."

Easily 1/3 of the replies here are from non-Philippines countries...

You might want to ask for this to be moved to the PH regional subforum...
Bob 4 AnnaMalePhilippines2011-11-04 15:22:00
K-1 Fiance(e) Visa Process & ProceduresImportance of communication screenshots and ongoing relationship proof during interview
You do realize that this varies greatly by country, right?
Bob 4 AnnaMalePhilippines2011-11-03 21:54:00
K-1 Fiance(e) Visa Process & ProceduresCan I change status after filling for K1 VISA

AOS is possible but again I know that is not the right way to do so.

There is nothing wrong with you using AOS in this case.

The only time "AOS is not the right way" is when someone plans to use it BEFORE they enter the US as a way to circumvent the legal immigration process. That is not the situation you described so there is nothing wrong with you going the AOS route.

The issue with the F-1 is probably down to you having clear immigrant intent and the F-1 is not an immigrant Visa so it is the wrong path for you since once you have immigrated you won't need it anyway.
Bob 4 AnnaMalePhilippines2011-11-06 18:34:00
K-1 Fiance(e) Visa Process & ProceduresCan I change status after filling for K1 VISA

@rapirada,



If you file to adjust status your probably won't be able to begin school in January but you will be able to remain in the US with your new husband during the wait for your greencard.


I would expect an AOS interview and mentally prepare for it.


Don't get too worried about what some others are saying about "honestly, do you think you are gonna be approved and all?", they seem to think that you can be denied just on the suspicion of immigrant intent but truth is USCIS would need to have you on record as misrepresenting a material fact and if you weren't pulled into secondary at POE then they didn't even try so you're safe.


@Zen Den,


Your statement "you yourself know you're a tourist with a K1 pending and not only are you going to study but get married as well...honestly" is mean spirited and accusing the OP of criminal activity. I'm with you in feeling a little jealous because my wife had to wait in the Philippines during our process but I won't let sour grapes make me give bad advice or say things that I know aren't true despite my personal feelings about the AOS from B-Visa loophole. The law allows it.
Bob 4 AnnaMalePhilippines2011-11-05 01:57:00
K-1 Fiance(e) Visa Process & ProceduresCan I change status after filling for K1 VISA
You're in the US, you can get married and file to Adjust Status without leaving. Once approved you'll be issued a Greencard.

Expect to be questioned at the interview as your fiance had filed for the K-1 before you entered, they may suspect immigrant intent on your last entry but they can't deny AOS solely on that.

Bottom line is life has hiccups and plans change, that's what happened to you.
Bob 4 AnnaMalePhilippines2011-11-03 17:07:00
K-1 Fiance(e) Visa Process & ProceduresCriminal background

Its very complicated to get married in Russia. First of all there's only one place that can do this. And u have to wait a month. U apply for getting married. Than u wait a month! I just don't have an opporunity to stay there the whole month or come to Russia 2 times. I will not be able to get off work. So i guess the only way for us is K1

Or travel to another country that you can both travel to and get married there (destination wedding)...

Think outside the box a little, every problem has a solution...
Bob 4 AnnaMalePhilippines2011-11-23 10:58:00
K-1 Fiance(e) Visa Process & ProceduresCriminal background

I agree that i need to provide my criminal records. And im going to do so. But, im talking about the certified copies, which are hard to get. In the instructions for I-129f it sais that i need to provide cerrtified copies according to the international marriage brokers act. But im saying we didnt meet at the broker company! Can i just provide a regular criminal record?

The answer is no...

The requirement for the records is not conditional on how you met. It's because IMBRA added the requirement to ALL K-1s.

For certified copies you need to contact the Clerk of the Circuit Court where you were convicted, they are the only ones who can provide certified copies.


Bob 4 AnnaMalePhilippines2011-11-23 10:24:00
K-1 Fiance(e) Visa Process & ProceduresCriminal background

yes we actually are in a hurry. Every day without each other is like a torture

It's funny how I've never seen someone post here "We're in no rush to be together, we'll just stumble through the process and if she gets here in a few years then we'll be fine"...

You're in the same boat as everyone else. I really get a good laugh at the perception of K-1 being so much faster than CR/IR route.

Like I said earlier, the only real difference is the NVC but that's only a few weeks. In the long run you pay about $1,000 for those few weeks and are left with an incomplete process that requires months of USCIS hassle after she arrives on a K-1 whereas this a CR-1 you don't need to worry about USCIS again for 2 years.


Bob 4 AnnaMalePhilippines2011-11-23 10:21:00
K-1 Fiance(e) Visa Process & ProceduresCriminal background

it takes way longer. Up to a year. Fiancee visa takes about 4 months. There's no way to get all the certified copies from all 3 states. And again, we didnt meet through the matchmakers! I thought in the instructions it sais only about those who met trough brokers agencies. Am i not right?

Your information on this is all wrong.

Petition approval times are the same.

Interview times are the same.

The only difference is the NVC, K-1 passes right through whereas CR-1 submits Affidavit of Support & DS-230 at NVC but a skilled couple can get through the NVC in 4 to 6 weeks.

On the up side there is no adjustment of status once she is here.

The Criminal Background stuff has nothing to do with how you met.


Bob 4 AnnaMalePhilippines2011-11-23 10:12:00
K-1 Fiance(e) Visa Process & ProceduresCriminal background
Of just marry her and file an I-130 for CR-1 Visa, the criminal background question & documentation requirements go away.
Bob 4 AnnaMalePhilippines2011-11-23 09:57:00
K-1 Fiance(e) Visa Process & Procedureshow to stop k 1 visa
First, only the PETITION has been approved already. The Embassy interview is to determine if you qualify for the Visa.

If either of you contact the Embassy and tell them the relationship has ended then the process is dead.

If the Beneficiary doesn't attend the interview then the process ends.

I would suggest contacting the Embassy and USCIS so that you both can be sure the process is ended "Cleanly" without negative immigration consequences fro either you or your USC Petitioner.

Edited by Bob 4 Anna, 25 November 2011 - 09:45 PM.

Bob 4 AnnaMalePhilippines2011-11-25 21:44:00
K-1 Fiance(e) Visa Process & ProceduresBeneficiary already in US! HELP!
If he has legal status here why are you wasting time & money on the K-1 Process?

Marry him and file to Adjust his status.
Bob 4 AnnaMalePhilippines2011-11-24 19:28:00
K-1 Fiance(e) Visa Process & ProceduresFiling a K-1 Visa for Fiance who was found inadmissible to the U.S. recently

Never admit to using it. They won't test you anyway. You will be in deep trouble if you do. Just don't be proud of your use of drugs especially in front of the consular officer. America, I think, is not as open minded as Europe regarding drug use. Admission is guilt. I am sure you will undergo administrative processing if they don't deny you outright.

Just an opinion.

Well, you either admit to using or you lie on the application.

Not only does VJ's TOS not allow you to suggest someone commit a crime (such as misrepresentation on an Immigration Application) but the Misrepresentation can, if ever found out, completely undo any immigration benefits they have already received.


Bob 4 AnnaMalePhilippines2011-12-02 13:51:00
K-1 Fiance(e) Visa Process & Proceduresneed help for friend

Actually in Thailand you need to go to the U.S. embassy and get a letter saying you are free to marry. It's a Thai thing. Then you have to register it with the Thai foreign ministry.

Maybe so, the Philippines has a similar requirement, but that isn't the same as having to register a Thai marriage with the US Embassy.

If you get married anywhere on the planet the US recognizes the marriage unless it's polygamous.
Bob 4 AnnaMalePhilippines2011-12-04 22:35:00
K-1 Fiance(e) Visa Process & ProceduresIS POSSIBLE ACCELERATE THE PROCESS?

It really shows a huge cultural gap, in my opinion, that the US doesn't care about infant bonding and these sorts of things.

It has nothing to do with "cultural gap". The bottom line is that if being pregnant with the Baby of a USC or getting a USC Pregnant was an express ticket to US Immigration then there would be even more fraud.

Don't even consider how you can prove the paternity BEFORE the child is born, I'm sure there would be outrage when it's required.

The process needs to be kept simple not cluttered-up with additional complexities.

Not passing any judgement but with a little bit of planning and/or restraint the pregnancy could have been delayed until after the immigration process...
Bob 4 AnnaMalePhilippines2011-12-07 14:23:00
K-1 Fiance(e) Visa Process & ProceduresIS POSSIBLE ACCELERATE THE PROCESS?

If your girl has to take time off work after the baby is born, and you're not there ...
maybe you could prove severe financial hardship?

I believe the hardship needs to be in the USC's side of things unless it's humanitarian (like natural disaster or war zone).

I think an expedite will probably not be approved. Hopefully you can get your approval in time. Maybe the government will start approving faster. Good luck!

On what do you base this assumption?
Bob 4 AnnaMalePhilippines2011-11-15 11:34:00
K-1 Fiance(e) Visa Process & Proceduresdouble proxy marriage

No, your visa has not yet been approved. BIO and F/P DONE means they took your fingerprints. It would be highly irregular to issue a K1 visa to a married person.

Even if they did, I don't think that I would even consider using the visa.

K-1 Entrants require Adjustment of Status based on marriage to the petitioner within 90 days of POE. Since the Beneficiary & Petitioner are already married if they marry again it will not be a valid marriage. The whole Immigration process would unravel the second USCIS realizes the mistake that was made and the Beneficiary & Petitioner are the ones who will suffer the penalties for that mistake.
Bob 4 AnnaMalePhilippines2011-12-07 10:44:00
K-1 Fiance(e) Visa Process & Proceduresdouble proxy marriage

Bob4Anna- I agree with your advice but do you think there will be any problems because the USC husband has already stated to USCIS (not sure in what form but it sounds like in response to an RFE) that they weren't married? Do you see it as something that could cause problems when filing the CR-1?

Well since the Beneficiary didn't lie I think she's probably safe.

It sounds like the Petitioner was confused when he interacted with USCIS regarding the Marriage {or not} and the I-129f Petition.

I wouldn't be surprised if they are asked about the aborted I-129f process but doubt it would be a big problem if they explain that they were confused because there is a lot of confusion & misinformation regarding the legality of Proxy Marriages.

I do not think that the proxy marriage got any bearing with the immigration process since the OP married the guy in the Philippines. It's just a wrong visa. Bob4anna is right. They should stop the process and start all over.


Actually per the OP the consummation was in the Philippines but the Proxy Wedding was in Montana with the Bride physically in Korea and the Groom physically in Iraq. Still their physical locations and the location of the consummation are irrelevant.
Bob 4 AnnaMalePhilippines2011-11-14 00:36:00
K-1 Fiance(e) Visa Process & Proceduresdouble proxy marriage
USCIS doesn't recognize unconsummated proxy marriages for immigration purposes. Since your marriage has been consummated USCIS will recognize it as a legal marriage.

Don't waste the money paying for the Visa Interview. If you are honest with them then you will be denied. If you lie to them then you will have committed the second worst infraction in Immigration, Material Misrepresentation (which basically means you lied about something that had you told the truth would have influenced the decision in your case). The punishment for Material Misrepresentation is a Lifetime entry ban.

You need to stop the K-1 process and begin the CR-1 process.

Your USC Husband needs to file an I-130 petition for you ASAP to get the process started.
Bob 4 AnnaMalePhilippines2011-11-13 23:46:00
K-1 Fiance(e) Visa Process & ProceduresLegitimate Relationship = $$$
Don't blame the cost or the Red Flags on USCIS or DOS....

First the 4 - 6 months wait for approval is just for the Petition not the Visa. During that time Background Checks are run with Federal Law Enforcement Agencies on the Petitioner and Beneficiary. There is really no point in someone eve looking at the petition until the background checks are complete as those results can kill the petition immediately.

Now on to the Embassy interview, they're knowledgeable of what are cultural norms for each country and look for relationships that fit within those parameters. This is why the Red Flags vary from country to country. The same goes for religion. Some religions are less tolerant of mixed religion marriages and even some cultures are even if the religion itself is tolerant.
Bob 4 AnnaMalePhilippines2011-12-07 10:29:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa W / Stepchildren
Your biggest problem is going to be inability to get the consent from the Bio-father.

I would suggest finding the Region specific sub-forum and asking there about meeting this requirement in Columbia when the location of the bio-father is unknown.
Bob 4 AnnaMalePhilippines2011-12-12 14:53:00
K-1 Fiance(e) Visa Process & ProceduresManila Embassy Denying Childred even with Birth Certificate
jerjan,

After reading this post of yours it makes a lot more sense. There you mention that the child's birth was late registered (4 years after the child was born).

Now if you look at the totality of the situation then how can you say it's unreasonable that the Embassy wants proof that this is her child?

My wife could very easily Late register one of her cousins' kids as her own regardless of the fact that the kids births are already registered. This is exactly why they want to see some history between the child & mom.
Bob 4 AnnaMalePhilippines2011-12-15 09:46:00
K-1 Fiance(e) Visa Process & ProceduresManila Embassy Denying Childred even with Birth Certificate

I don't mean to sound callous, but this sounds pretty normal to me. Your step-daughter was very young when your wife left to come to the US. They have no idea if the child standing in front of them is the same child listed on that birth certificate, and any pictures she's got of her with a two-year old child are going to be hard to match up with a seven-year old. It would be different if the child was now fifteen and your wife had left when the child was ten. Presumably, your wife would have ten years worth of evidence to show a relationship with the child, and the CO would be able to recognize both the child and mother in the pictures. Even so, I'm sure the delay in petitioning for her daughter only increases their suspicion.

If I were in your shoes then I would have expected that a DNA test was a very strong possibility. You'd be surprised how many people try to bring a niece or young sister to the consulate and pass them off as their daughter, especially in the Philippines.

We are in a similar situation:

Wife's first son never even met her in person until a week ago, he's 7 years old. I petitioned for him in April shortly after we found out he was alive (long story but she was told the baby was still-born and he was raised by the father's family). We both expected DNA would be required so Anna flew to Manila last week for his interview.

To our surprise his Visa was approved without so much as a second glance on Dec 9th (in fact they have received his Visa just today)! FWIW, he knew the man who petitioned for him to come to America was "Daddy Bob".

I can't give you any insight why our cases (which are so similar) are at opposite ends of the CO's decision but I agree with everything Jim said about how common it is for people in the Philippines to try to brings cousins, niece/nephews etc as their child. Authentic Documents (that are faked) can be bought for the right price in the Philippines as we all know. Unfortunately your case felt hinky to the CO but I wouldn't blame the USEM and its staff. They wouldn't be so difficult if it wasn't for all of the scammers trying to get US Visas.

Edited by Bob 4 Anna, 14 December 2011 - 12:25 AM.

Bob 4 AnnaMalePhilippines2011-12-14 00:24:00
K-1 Fiance(e) Visa Process & Proceduresmoney or income not enough

Thanks, Bob. I didn't now that. Does it happen often?

I've only heard of a few times that the NVC let something through and the Embassy wanted more.
Bob 4 AnnaMalePhilippines2011-12-16 16:29:00
K-1 Fiance(e) Visa Process & Proceduresmoney or income not enough

> Have a backup plan of getting married in the Philippines if the K-1 is denied. If they get married in the Philippines, he can file for a spousal visa which goes through the NVC. The NVC accepts joint sponsors.

Actually, the NVC only reviews the documents for completeness. The USEM can refuse to accept a Co-Sponsor for a CR-1 just as easily as for a K-1.
Bob 4 AnnaMalePhilippines2011-12-16 13:48:00
K-1 Fiance(e) Visa Process & Proceduresmoney or income not enough
Manila Embassy can be rough when it comes to cosponsors. Anyone who went through a different Embassy shouldn't be replying here because this is one of those "Embassy Specific" areas.

The ideal situation is a college student or recent graduate who is just beginning a career as they are confident that there will be income and it will be on the rise.

The situation you described will probably have a more difficult time with a cosponsor but that doesn't mean it's not doable. The best cosponsor is a close relative like parent or sibling.
Bob 4 AnnaMalePhilippines2011-12-15 13:42:00
K-1 Fiance(e) Visa Process & Proceduresmoney or income not enough
When using assets to cover an income shortfall they're going to want to see that the money has been in the account for a while. Borrowing and recently depositing the money won't work. Also if he has an unusually large amount of money in savings compared to his income they could ask for proof of the source of the funds.

The AOS for K-1 approval is the least of their concerns, if she gets here then in order to Adjust Status they'll need to file a stronger (legally binding) AOS (I-864) with the I-485.
Bob 4 AnnaMalePhilippines2011-12-15 11:30:00
K-1 Fiance(e) Visa Process & ProceduresNeed help with US K-1 fiance visa requirements

Bob4Anna: thank you! Do you know does the US embassy in Sydney, Australia require that type of proof, cenomar?

For a Filipino, I've heard of consulates in other countries requesting CENOMARs for Filipinos.

For an Australian, I honestly don't know but it would be listed on their website if they do.



Bob 4 AnnaMalePhilippines2011-12-21 09:41:00
K-1 Fiance(e) Visa Process & ProceduresNeed help with US K-1 fiance visa requirements

for the cenomar, i didn't submit for my i129-F, do i have to have that or need it for the interview??

also, the cenomar is only in Philippine? or is it for everyone?

Yes, it will be REQUIRED at the Interview...

Yes, it is specific to the Philippines though I've heard of another Asian country that has a "Proof of Singleness" document but I can't remember what country, regardless they don't call it CENOMAR.


Bob 4 AnnaMalePhilippines2011-12-20 11:37:00
K-1 Fiance(e) Visa Process & ProceduresNeed help with US K-1 fiance visa requirements

Am i right that if the W2 and ITR are enough (125 percent of poverty guidelines) no need for other back up papers like bank statements etc?

Employment Letter is always a plus...
Bob 4 AnnaMalePhilippines2011-12-19 15:43:00
K-1 Fiance(e) Visa Process & ProceduresK1 or AOS??

However, based on what I've read here, he just has to apply for an Employment Authorization Document once he gets here. It's not a separate visa -- just a document confirming that he's authorized to work. He'll also need a social security number, which he can apply for as well once he's here.

Both should be granted within 90 days of his entry (probably sooner).

EAD on average is taking 2 -3 months to be approved.

Sure K-1 holder can apply for one before AOS but it will expire with their I-94 and they have to pay for the application so it's a waste.

Better option is to marry and AOS immediately...
Bob 4 AnnaMalePhilippines2011-12-21 13:14:00
K-1 Fiance(e) Visa Process & ProceduresK1 or AOS??

We've read that a temporary work visa can be applied for as soon as he enters on a K1 visa-- does anyone have experience getting this visa? He's an electrician so temporary work is perfectly fine.

No, K-1 holders are not authorized to work...

Before he can work legally he'll need to:

1. Marry you
2. File for AOS & EAD (Employment Authorization)
3. Receive the EAD (Employment Authorization Card) or Green Card

If the marriage and AOS Filing happen right after he enters then it should only be 2 or 3 months until he can work legally.
Bob 4 AnnaMalePhilippines2011-12-21 13:03:00
K-1 Fiance(e) Visa Process & ProceduresWanting to marry in foreign country and then America
You do realize that the processing time difference between K-1 and CR-1 is generally 2 months or less, right?

There are a few advantages to the CR-1 Visa that makes adjustment easier for the immigrant also.

Primary difference is the greencard is ordered shortly after POE so the immigrant usually has it within 6 - 8 weeks of POE, AOS is a pain in the A-S-S...

Edited by Bob 4 Anna, 06 January 2012 - 12:06 PM.

Bob 4 AnnaMalePhilippines2012-01-06 12:05:00
K-1 Fiance(e) Visa Process & ProceduresLayover in US before POE
In the Canadian sub-forum there have been many posts about Canadians entering the US without activating their K-1 Visa.

I would suggest calling CBP at the Atlanta Airport and confirming that they will allow this.
Bob 4 AnnaMalePhilippines2012-01-10 10:00:00