ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresRFE .. freaking out
When I had an RFE, it was recommended by the second level customer service agent at UCIS to include everything you sent before plus more. You can never be sure if they have lost or misplaced some of your petition evidence or forms. Two of the things they asked me for I can say with 100% certainty were in the original petition, but I sent them again any ways. We had our approval within a week of them receiving my reply.


As to the passport, they want the photocopies of the entry and exit stamps in the passport used when one of you went to visit the other. You have to show you have been together in person within the last two years. The passport stamps are considered primary evidence of being together. You also want to include a copy of your information page in the passport. Without some form of primary evidence, the secondary evidence may be rejected. You need to create a complete picture showing you have met in person.

Edited by Caryh, 02 March 2012 - 02:27 PM.

CaryhMalePhilippines2012-03-02 14:26:00
K-1 Fiance(e) Visa Process & ProceduresNVC processing time 1 day??
They generally don't waste any time once its received and out of the mail room. Took a month for ours to get there, two days in the mail room, then processed the day after they moved it from the mail room.
CaryhMalePhilippines2012-03-07 16:14:00
K-1 Fiance(e) Visa Process & ProceduresFor the Interview

Good point, thanks.


Didn't want to start an argument with a couple probably under stress with all the worries of putting you life in bureaucratic hands. But they said I need it. No you don't, we're not supposed to mail or ship those. But what if they ask to see it? They won't they know we can't ship passports. You don't love me enough to send it! LOL. I remember some of stupid little things that stressed my wife and I out when we were in the K1 process. My wife found the best way to handle it though, she said OK if you don't mind the wait if they hold us up because I don't have it. I practically was at the point if someone asked for proof of who I was I had none. Every sensitive document I owned was shipped off to her, except my passport.
CaryhMalePhilippines2012-03-28 14:22:00
K-1 Fiance(e) Visa Process & ProceduresFor the Interview
You do not need his original passport, although the original birth certificate you should have on you. The passport is not supposed to be mailed or shipped in any case. You should have originals of all the other documents just in case they ask for them. Its best to keep originals in a separate folder so you don't mix them with photo copies and so you can make sure to bring the originals back with you. My now wife had originals of everything plus photocopies in case they wanted to keep another copy. They didn't bother to ask see any of them though. She actually had a huge stack of documents, pictures, photocopies, etc... The sum total they asked to see was zero LOL.
CaryhMalePhilippines2012-03-28 13:55:00
K-1 Fiance(e) Visa Process & ProceduresOngoing Relationship
At the embassy my wife went to (Philippines) it appeared to have been in our interests that I documented the many years of our relationship as well as evidence it was currently active. Don't confuse the need to prove you've been in each other presence with in the last two years of filing, with documenting your relationship. Your relationship is what ever it is, and giving a briefly written history with some supporting evidence of it helps prove its real and your intentions are to marry and not just get a green card. Our brief written history took three pages, but then we've known each other a long time before we applied for the K1. Probably would have been at least a hundred pages if I got into details. She breezed through the interview with nothing but idle chit chat and no requests for documents.
CaryhMalePhilippines2012-03-27 14:21:00
K-1 Fiance(e) Visa Process & ProceduresImmigration attorney or marriage agency?
OMG we didn't use an attorney or a visa service! I guess I need to tell my wife to return to her country and we'll start again :o
Seriously its not that hard and third parties doing the work for you have been known to cause problems and slow the process. Actually you'll do the leg work, they'll just translate your work into a package. There's also the follow up AOS, EAD and AP, followed by ROC, and then maybe even Citizenship. Its much better to get familiar with the process and do it yourself. At least you'll know about the follow up steps you need to go through instead of assuming its all done. Primarily its a lot of waiting and having someone do the work for you just leaves you in the dark with even more waiting. BTW waiting generally equates to worrying. But if it gives you peace of mind, and you have the cash, and someone you feel you can trust, then go ahead and use them.
CaryhMalePhilippines2012-04-03 15:48:00
K-1 Fiance(e) Visa Process & ProceduresEmbassy Manila Packet
Most likely she'll never see that letter. My wife was told Manila no longer sends them by someone at the embassy. We called because her passport number was showing up missing a digit on the appointment confirmation. Turned out this was ok, but she happened to ask about never receiving a notice to.
CaryhMalePhilippines2012-04-10 12:35:00
K-1 Fiance(e) Visa Process & ProceduresTax extension
You're going to want to get good proof of current income. Do you have a notarized letter from his employer stating years he's worked there and his income? Add in bank statements showing regular deposits meeting the income standard. Proof of current assets. Without good proof of current income without the latest tax statement, you stand a good chance of them demanding you provide the information or be denied. We are literally days away from having to have filed 2011 taxes in the USA and you're asking them to assume he makes enough now to keep you from being a public charge based on two year old income tax statements. The CO has a lot of discretion on the income requirements of a K1, but that can cut both to your benefit and to your detriment.
CaryhMalePhilippines2012-04-11 10:35:00
K-1 Fiance(e) Visa Process & ProceduresSecond Letter of intent to marry
We just changed the date and changed the address to the Embassy address. There's no need to change the wording.
CaryhMalePhilippines2012-04-17 11:31:00
K-1 Fiance(e) Visa Process & ProceduresGetting majorly baffled as to how to assemble our I-129F package?
I grouped things together that belonged together in plastic sheet protectors. I've always guessed that caused my RFE. They asked for items that I knew were included that were put together that way. Our letter's of intent were one of the RFE flagged items which I was 100% positive were in the same clear sheet protector. I think they didn't bother to pull items out and look at them or didn't bother to pull them out and flag them as copies where originals were required. I can only guess on this, because I was asked for items I knew were already included and they didn't say why they wanted things, they just quoted verbatim what was on the original instructions in the sections they wanted in the RFE. To be sure, I resent everything plus much more on every topic they flagged. This time I just put them in order with a cover sheet with a table of contents, then a separator sheet for each section with its own table of contents. I then slipped the stack, which was bigger than the original I-129F package into a large manila envelope. We got our approval in less than a week after I replied to the RFE. This made me guess, can't be sure really, that they prefer the well organized unbound documents with cover sheets and dividers.
CaryhMalePhilippines2012-04-16 14:11:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Filing Limitations

Thanks guys. I really don't like having my personal decisions being dictated by time, but even less I like finding myself in this situation. I don't know how the personal situation will work out, but I have my thoughts. The spectre of IMBRA, K-1 limitation, and future opportunities is just something I wasn't absolutely clear on. You guys have provided some clarity, so it seems at this point what I do going forward, petition-wise, will have zero impact, since I've already crossed the waiver-line.

And thanks pshbrk, I anticipate minimal problems, but it's good to have that confirmed, assuming I ever am in a situation to go that direction.

I was worried about the types of responses that might come, given my situation, and you guys have been great.


I would have no idea how to give you advice on your situation. But I could certainly see how answers to how the waiver requirements could come into play in any timing of a decision. I just hope how ever things turn out and the path you take brings you only happiness in the future.
CaryhMalePhilippines2012-04-23 10:39:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Filing Limitations
Pulled this from an immigration lawyers web site. With in two years had one approval, or two filings in a life time. Sounds like any future K1 requires a waiver.

IMBRA limits the number of K1 visa petitions a sponsor can file or have approved without seeking a waiver of the limits. A sponsor will need to seek a waiver of the limits if either:
(a) they have filed two or more K1 visa petitions at any time in the past; or

(b) they already had a K1 visa petition approved within the past two years.

Waiver of these limits is at the discretion of USCIS, but ordinarily can be granted where "justification exists." However, if the visa sponsor has a criminal history including violent offenses, the waiver will only be granted in "extraordinary circumstances."
CaryhMalePhilippines2012-04-19 14:23:00
K-1 Fiance(e) Visa Process & Proceduresthe price

I figure it'll cost right around $70 a pound. :lol:

That's pretty close to what is cost me without the wedding :thumbs:
But does it mean I'm getting a better value now that she's adding a few pounds in America? :whistle:
CaryhMalePhilippines2012-04-30 13:21:00
K-1 Fiance(e) Visa Process & Proceduresthe price
Its always more than you expect at every stage. I'd say find all the fees, estimate the expenses, then double the entire amount. That's probably closer to how it worked out for us. I thought I had enough money saved away to cover all the expenses. By the time the wedding was done, the money was out and the credit card was running up. Had to scrimp to get together the AOS fee. We've reached the point where she's working now, and although we did fine with only me working, things are much easier with the extra income coming in. We can actually splurge on things and not break the bank. Still if will probably be a couple years until I'm back to the savings level I was at before we started the process.
CaryhMalePhilippines2012-04-30 08:57:00
K-1 Fiance(e) Visa Process & ProceduresWife did not make it past homeland and got k-1 cancelled
Ouch, that so badly sucks. Who pissed in that guy's Corn Flakes this morning? I don't think I ever could have gotten my wife to come back if something like that happened to her. At least she had seen a picture of my house though. I wonder if she would have remembered it well enough to remember it under that kind of an attack? Wish I had some good advice, I'm really sorry you two are going through this though.
CaryhMalePhilippines2012-04-25 16:09:00
K-1 Fiance(e) Visa Process & ProceduresPLEASE HELP I DONT KNOW WHAT TO DO NEXT
Has anyone ever thought she is still in Eritrea? This wouldn't be the first scam where someone was sending all the fees and plan fare and nothing was spent on what it was supposed to go for. Are you talking on the phone or the internet? Try to get her to email you. The ip of the email should give a general idea of where she is.
CaryhMalePhilippines2012-05-03 07:27:00
K-1 Fiance(e) Visa Process & ProceduresProof of having met in person
Just a note on the evidence of having met, also send photo copies of the entry and exit stamps from the passport of the person that traveled when you met in person. This is one of the primary evidences they really want to see.
CaryhMalePhilippines2012-05-04 08:27:00
K-1 Fiance(e) Visa Process & ProceduresLetter of Intent to Marry needs to be notarized by a lawyer?
My wife and I did not notarize while going through the K-1 ours and it was just fine.
CaryhMalePhilippines2012-05-03 09:27:00
K-1 Fiance(e) Visa Process & ProceduresManipulate Layover Time for K-1 Entry
When I was waiting for my then fiancée to get through immigration and customs, it took three and half hours at the Minneapolis/St Paul POE. Turns out she was second to the last in line. I was getting pretty nervous waiting that long. I was beginning to think she missed her connection in Japan. There's nothing you can do or know while she's locked behind security. No one to call, no one to ask, wala. I did call the airline to confirm she had made her connection in Japan, but that was the only thing I could find out. Give yourself plenty of time. Consider getting a room that night in New York for the two of you, and flying on the next day. It will definitely be less stress on both of you on her arrival day.
CaryhMalePhilippines2012-02-08 09:56:00
K-1 Fiance(e) Visa Process & ProceduresNo Proof Of Metting Except Passport stamps and Pictures..

Try to gather receipts from phonecalls, emails or letters and boarding passes. This 2 last ones are very very important. In my case I gathered more than 2 hundreds pictures, hundreds of pages from google voice, at&t, air plane tickets, hotel receipts, letters, emails, western unions receipts, skype,...and u wont believe but they never ask me ANYTHING.

:lol: :lol: :lol: Same thing happened to my wife. Didn't even really ask questions, just chit chatted for a while. She had a huge amount of evidence and pictures, and they didn't ask to see anything. The CO was literally answering his own questions by reading the I-129F documents while they chatted about nothing in particular and then said everything looks good. My then fiancée asked if she had been approved and he told her yes, of course. Sounds like after our RFE in the I-129F stage, the paperwork covered everything needed so well that they didn't need to see any more evidence from her. We do have those nice photo books she put together for the interview though :thumbs:
CaryhMalePhilippines2012-05-07 14:12:00
K-1 Fiance(e) Visa Process & ProceduresNo Proof Of Metting Except Passport stamps and Pictures..
Since they wanted date stamped pictures, and I did not have the date stamp turned on to be displayed in my camera, they were digitally date stamped, I brought them to a local drug store kiosk and just added the date stamp to prints. It was a bit of a pain, but my now wife had plenty of date stamped photos when I sent them to her for the interview. Also for the petition stage the passport stamps are considered Primary evidence of having met. Your fiancé sent exactly the best evidence they were looking for. The date stamped pictures is only secondary evidence of having met in the previous two years, at the petition level.
CaryhMalePhilippines2012-05-07 11:36:00
K-1 Fiance(e) Visa Process & ProceduresWedding Preparation
It is generally not a tradition here to give a souvenir gift to all the guests, generally its just the wedding party. If its just sand, it shouldn't be an issue. But I hope by hand carrying, you mean they're going in your baggage. Carrying breakables or heavy objects that can easily be used as weapons is generally not allowed through security.
CaryhMalePhilippines2012-05-25 09:39:00
K-1 Fiance(e) Visa Process & ProceduresMy fiancé was laid off 3 months after NOA1
If they decide to look closer at his income at the petition stage, he'll get an RFE and then may need to get the co-sponsor. I have heard at this stage they rely on the ITR's that were sent in. Its at the interview stage where the problem will come up if he's not working or working below 125%. No new employment letter and the new i-134. Much is going to depend on how tough your embassy is. They do not consider the income of the beneficiary at the petition or embassy interview stage because its rare someone can bring their job with them. You assets could probably be used though. You don't notify USCIS that you might need a co-sponsor at this stage. Only if they ask for more income verification before the NOA2 will you need to do so. I hope he sent ITR's and employment letter already. I did not need a co-sponsor to get my fiancee here, so I'm not sure of what is the proper form at the embassy interview. But that is where you would bring it up if they are questioning income or he's not working again yet. At the AOS stage, you'll most likely need a co-sponsor if he's not working yet. That is the I-864A form for the co-sponsor. Something in the back of my mind tells me its a different form during the interview. The best place to find information is here. There are lots of people here who needed a co-sponsor the petition, embassy and AOS stages. Set your timeline to. It will help people understand where you are in the process when you ask more questions, and help those that come after you.
CaryhMalePhilippines2012-05-24 07:34:00
K-1 Fiance(e) Visa Process & ProceduresMy fiancé was laid off 3 months after NOA1
Yes he can use a co-sponsor. It won't hurt to get one lined up ahead of time in case the need comes up. The income level isn't really going to be checked until you're at the embassy interview at this point. That is the time he's going to want a fresh letter of employment and tax transcripts. Your income will not matter, since it is assumed you can't keep that job when you leave your country. The assets part is asked because assets can be used to overcome a lack in income. I'm not sure what you mean by paying pretty well, what is good for one person another couldn't survive on. The CO has a lot of discretion on who qualifies to support on a K-1. He should have unemployment if he was laid off, and hopefully can show evidence of good work history with qualifying income. There is no flexibility when it comes to the AOS after you get married in the USA. By then he is going to need a qualifying income. Hopefully his taxable income for 2012 is still going to maintain the 125% poverty level even if he spends a short time on unemployment.

There is no need to notify USCIS of his change in job status. The information was current at the time of filing and that is all that matters in getting to the NOA2. Your next hurdle is the interview, where you will need everything lined up. Hopefully he will have a job paying a qualifying amount by then. In case he doesn't, have the co-sponsor lined up. Also you two should be planning to apply for the AOS, EAD and AP as soon as possible upon your marriage in the USA. That means setting aside the money for that hefty AOS fee. If income is still a problem then, you're going to need that co-sponsor again, so let any co-sponsor know this is a two step process.
CaryhMalePhilippines2012-05-23 04:58:00
K-1 Fiance(e) Visa Process & Proceduresrelgious non - legal wedding in the philippines

It's not criticism, but sarcasm. Some people really do sell their soul, or believe it has a price. If it has a price it can be sold.:innocent:


http://www.visajourn...ost__p__5412732


He must be a bit stressed out, he's lost his sense of humor.
To the OP. I see people sell their soul all the time. Some almost always do the right thing and care for others, doing their best to keep their soul on the right path, often guided by their faith or religion. Others would stab their own mother in the back for a few extra dollars. Most fall somewhere in between, knowing we do wrong sometimes and there's a price on our soul when we do. They say laughter is good for the soul, try it once and while rather than taking offence. For one thing, it helps relieve the stress of this whole immigration process. Good luck in your visa journey and wedding.
CaryhMalePhilippines2012-06-02 07:16:00
K-1 Fiance(e) Visa Process & Proceduresrelgious non - legal wedding in the philippines

Sounds like the catholic government legal proceedings are more argues then the US government immigrations process. Wonder if the fees are any cheaper? :whistle:



Depends, what price do you put on your soul? :devil:
CaryhMalePhilippines2012-06-01 13:06:00
K-1 Fiance(e) Visa Process & ProceduresCopies of the paystubs
I sent my wife originals and copies, they didn't look at either of them.
CaryhMalePhilippines2012-06-07 11:59:00
K-1 Fiance(e) Visa Process & ProceduresDivorce Decree

I have the decree, with 1 two sided page, but its a copy, not the certified raised seal version, is it necessary to have the certified copy? I heard it's not necessary unless they request it? :wacko:


Copies are good unless they request the original.
CaryhMalePhilippines2012-06-06 16:23:00
K-1 Fiance(e) Visa Process & ProceduresDivorce Decree
Where I live, the Decree has none of the financial information. Its two pages and certified (with a raised stamp). The divorce agreement is also certified but includes all the terms and financial information. I only sent the Divorce Decree with states the date the divorce was final. There was separate paper work filed with the divorce to enable the Decree to be available. If I wanted it available after the divorce and failed to file the papers correctly in the beginning, I would have to petition the court to create one. But its much nicer having a two page piece of paper to send than having a lot of private information being handed around.
CaryhMalePhilippines2012-06-06 15:06:00
K-1 Fiance(e) Visa Process & Procedurescost to file k1?

This part was already clarified by Jay-Kay on page one.

And I already said I will just dip into the inheritance. I was originally trying to clarify my cost up front. Which is also clarified, this is a very helpful site, thank all of you for the info. I got it all together, now just need to make the copies and get the money order.


Yep I should have read further before replying. I didn't realize it had so many comments already.
Wishing you good luck and a speedy process.
CaryhMalePhilippines2012-06-07 18:39:00
K-1 Fiance(e) Visa Process & Procedurescost to file k1?

Wait, the AOS is $1070?!?! :o by the way what is AOS? never mind, Adjustment of Status, thats after she's here, I can get that after she's here working.


She can't work until you get her an EAD or green card. The EAD is free with the AOS filing, the green card is obtained by filing the AOS. So no, you can't legally get it through her working, because legally she can not work.
CaryhMalePhilippines2012-06-07 12:52:00
K-1 Fiance(e) Visa Process & ProceduresK2 not on NOA2 I-787

SET!!

Just got off the phone with the call center and after the initial attempt at brushing me off and waiting to hear from them, I asked for a supervisor. Two minutes later, the same rep came back on the phone and informed me that all was okay now and that we could go ahead and schedule the K2. Then we went around in circles about available days and ended up rescheduling the K1 for two days sooner and booking the K2 for that same time.

WHEW!

Thanks again for all the help VJer's!


Finally! Just got to love dealing with bureaucrats :bonk:
CaryhMalePhilippines2012-06-19 07:31:00
K-1 Fiance(e) Visa Process & ProceduresK2 not on NOA2 I-787

some said the k2 don't need it anymore but my friend played safe, she set an appointment for her son online, just the same as the steps for k1. at first the were having a problem because USEM said they need to do like what you're saying filing for a report at the USEM, but on the 2nd time they called they said they don't need to do that anymore, so she set his appointment online same as her appointment :) but she got her visa first and her son just today, she was worried that they will missed their flight tomorrow :)


That was really close! I'm happy it worked out for you. When my wife was waiting for her visa to be delivered, we decided if it didn't arrive on Monday we'd reschedule the Wednesday flight. It arrived on the Saturday before and loud rejoicing was heard here and there. Saturday was her going away party to, so I guess good timing.
CaryhMalePhilippines2012-06-15 09:13:00
K-1 Fiance(e) Visa Process & ProceduresFly to me
Little sleep for you for a couple days I'm guessing. Congrats
CaryhMalePhilippines2012-06-19 13:12:00
K-1 Fiance(e) Visa Process & ProceduresSome I-134 questions

I am working on filling out the I-134 form for my fiance, who lives in Algeria and should be having his interview late this summer or early fall. I didn't work for most of last year until I finally got a job in November, so my 2011 tax return doesn't reflect my current income.

1. My job is part time (24 hours a week paid hourly) but I do earn over the 125% of the poverty line limit (barely, by only a little over two thousand dollars). Is the fact that my job is only part time going to be a problem? Is it a problem that my income is only barely above the minimum? above is above, thats all that matters

2. When I fill out the form and it asks for my annual income, should I just put in what I will earn for the year assuming my income doesn't change? (i.e. annual income = 24 hours per week x hourly rate x 50 weeks per year)yes enter what you will make per year based on working for a full year. BTW there are 52 weeks in a year, not 50, so its 24 hours X dollars per hour X 52

3. What should I include to make up for the fact that my 2011 tax return doesn't reflect my current income? Its not uncommon for someone recently to have had a period of unemployment. You may want to mention in a letter the amount of time you were not working I'm planning on including pay stubs, a letter on company letterhead from my boss about my employment, and my bank account information (I have around $30,000 in savings). Is there anything else I'm forgetting? Do include your savings information. Savings at a factor of 3 times savings per dollars short make up for the shortage. If you're over now, that is what matters really, but given the unemployment last year, showing the savings will bolster that he will not become a public charge. It could also help to show previous years tax statements to show a good record of income above the 125% level.

Thanks for any help you can give me!


CaryhMalePhilippines2012-06-25 11:23:00
K-1 Fiance(e) Visa Process & ProceduresCENOMAR for US citizen?

Hi,

I think it's the CERTIFICATE OF NO RECORD FOUND, put event as: Marriage


My husband was able to obtain it when he went to get his birth certificate as well.


There is no National Office recording Marriage in the USA like there is in the Philippines, therefore there is no place to obtain such a record or no record for that matter.
CaryhMalePhilippines2012-06-27 15:44:00
K-1 Fiance(e) Visa Process & ProceduresCENOMAR for US citizen?
You can't get and they don't require a foreigner to have a Cenomar. If you got married in the Philippines, you would have gotten an affidavit from the embassy where you swear you're free to marry. If you've been divorced, do get her a copy of your divorce decree. Just the simple one or two page one that says you're divorced and when if you have it, you don't need entire agreement version, with all the financials and custody stuff unless its the only version you have.

http://www.cfo.gov.p...1348&Itemid=918
Look out for the, Other documents as may be required by the counselors.

Edited by Caryh, 27 June 2012 - 03:09 PM.

CaryhMalePhilippines2012-06-27 15:08:00
K-1 Fiance(e) Visa Process & ProceduresWhen to apply for SSN under k1?

You have to apply at least 2 weeks before your I-94 expires, so in your case you can wait until you have your marriage certificate in hand and apply in your married name.

:thumbs: :thumbs: :thumbs:

Although occasionally a clerk at the SS office will not allow the married name until the green card or EAD is issued in the married name. They've also been known not to allow the last name moved to the middle name unless some other document or ID shows this name. My wife had no issue getting the SS card in typical Filipino married name fashion, but our state spells out the name after marriage on the marriage certificate.

Edited by Caryh, 03 July 2012 - 04:16 PM.

CaryhMalePhilippines2012-07-03 16:13:00
K-1 Fiance(e) Visa Process & ProceduresI have a few questions and concerns regarding the K-1 visa! Please Help!

I don't have an income atm. So there is no way he could be the one to prove the income? If so would my only option be to have a joint us sponsor?

Thank you for your response :)


They want to see sustained income, not just started making that. They do occasionally accept the beneficiary's income if it will be maintained after coming to the USA, but given he's just started making this money its pretty iffy they'll accept his income. And they want a USC on the hook as the sponsor. Even with no income, you have to be the sponsor. You're probably going to need a co-sponsor. Now to add a bit more trouble, sorry, the embassy is not required to accept a co-sponsor for K-1 visas. They are required to accept co-sponsors for a CR-1 visa. The local UK forum can give you an idea of how accepting they are of co-sponsors at the UK embassy.
CaryhMalePhilippines2012-07-03 11:47:00
K-1 Fiance(e) Visa Process & ProceduresMedical Exam question
Yes its true the vaccines are needed to adjust status and can be done in the USA. They are included with medical exam, so most choose to get them during the exam. My wife arrived with many boosters required yet, but she got most done during her medical. The boosters she got in the USA, after we got married and she was on my insurance plan. One issue about not getting all the vaccines completed during the medical, is some civil surgeons will require a complete medical again when you get to the USA. This can be pretty expensive in some locations.
CaryhMalePhilippines2012-07-12 14:53:00