ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresPossible change of plans

Like I said Caryh, there seems to be more there than we would think apparently. Several times she's spoken of meeting a new friend there on the train and other places.

 

OFW's can wind up in the strangest places, thats true. Its just you tend to hear about them in other places more often. One of my brother in laws, works a fishing vessel in the North Sea. The other is a more traditional seaman working cargo ships predominantly around Asia, but occasionally just about anywhere in the world. Waiting for him to show up in Lake Superior near us so we can have him for a visit. But I won't hold my breath on that happening.


CaryhMalePhilippines2014-05-29 11:39:00
K-1 Fiance(e) Visa Process & ProceduresPossible change of plans

 

I am very curious to know too.  :D

 

She certainly isn't in a common place for an OFW. 


CaryhMalePhilippines2014-05-29 11:18:00
K-1 Fiance(e) Visa Process & ProceduresPossible change of plans

Coming on a nonimmigrant visa with the intent to marry is fraud. Except the K-1, which is technically a nonimmigrant visa which is meant to get married and adjust status from. Although many still come with a visitors visa, marry, then adjust status to stay. She would be coming for a job, even if she gets married while she's here. She may run into an issue getting that working visa though, should it become known she has a fiance in the USA. She need not volunteer this information, but it could create big problems if she lied about it, as in permanent ban to entering the USA. 

Florida might not be easy to make trips to from your location, but its a heck of a lot closer than Moscow! And tickets will certainly be cheaper too. Might be you flying there for a bit, and her getting a chance to fly up to see your life in your home for a bit to. This is not something a lot of people here get the chance to do. 

If you don't mind me asking, how did a Filipina wind up in Moscow? 


CaryhMalePhilippines2014-05-29 11:01:00
K-1 Fiance(e) Visa Process & ProceduresPossible change of plans

If she's in the country and working here, and you get married, you can apply for an I-130 and I-485 concurrently and adjust her status to a legal resident based on marriage. This would not be fraud. She's coming for the job, not coming to get married. This is an excellent opportunity to also get to know her better to be sure you two want to marry.

 


CaryhMalePhilippines2014-05-29 08:18:00
K-1 Fiance(e) Visa Process & ProceduresI-129F approved, starting first job today, how long do we wait?

without an employment history, they may require a joint sponsor.

 


CaryhMalePhilippines2014-06-09 10:05:00
K-1 Fiance(e) Visa Process & ProceduresNever saved Copy of Money Order

You don't need the receipt, the NOA1 proves it was paid.  


CaryhMalePhilippines2014-06-11 11:40:00
K-1 Fiance(e) Visa Process & ProceduresToo much information?

I think your biggest issue is going to be adjusting her status once in the USA. You will be entering with no job and no tax history on this business you intend to start. How will you get the I-864 accepted with no job or provable income once in the USA? Do you have enough in savings to overcome the lack of income? She will not be able to legally work in that business until she has her green card. 


CaryhMalePhilippines2014-06-11 10:55:00
K-1 Fiance(e) Visa Process & Procedurestourist visa or come home? Please help!!

I fairly sure you need to be a legal resident, and a tourist visa doesn't meet that standard. Sounds like you're going to need to change embassies. 


CaryhMalePhilippines2014-06-19 13:57:00
K-1 Fiance(e) Visa Process & ProceduresIs this case straightforward enough or do I need a lawyer?

Thanks again for your replies!

 

I tried to post this question in another topic but I guess it's not allowed - if we do decide to go with a lawyer, is it better to use an immigration attorney or go with one of the visa services like Visapro, Visaservice etc.?

 

Although I see that almost everyone says that we just do it ourselves, so we're still deciding what to do.

 

I've known people to go with some of the visa services with good results. Just make sure you use a good one. Also realize if you do choose to use an attorney (dedicated immigration one definitely) or a service, the process will be longer. They cannot speed things up for you, they get no special place in line, and you'll still have to gather all the required documents and provide those to them. This takes extra time. But you should get the direct guidance that some people prefer when they go through this process. A friend of my wife's has gone from K1 to removing conditions all using the same attorney. They don't know the process at all, its all been handled for them, but they like this.

Personally I like to understand the process, it makes me feel more in control when I learn it and do it myself. But I understand for others, they just want the assurance that they are not missing anything and someone is making sure for them, and don't really care if they understand the process at all. This is great if they're willing to spend a bit more and pick a good outfit to do it for them.


Edited by Caryh, 19 June 2014 - 11:26 AM.

CaryhMalePhilippines2014-06-19 11:25:00
K-1 Fiance(e) Visa Process & ProceduresIs this case straightforward enough or do I need a lawyer?

Thank you for the reply!

 

As for financing, my fiancee's father would be a sponsor and she's looking into finding more co-sponsors. I have some questions about that as well but I guess I'll save them for another topic, right now I'm just trying to get opinions on whether to go with a lawyer or not :)

 

If you can follow instructions, and fill out forms, the process is fairly simple. A lawyer would just send you a list of things to collect, much like the guides here. Some like a lawyer, because they do not comprehend written instructions well, or panic when trying to do them because so much is riding on the result of doing them correctly. But a lawyer really can't do anything more than what you can do, and we've seen many cases where lawyers don't know what they're doing and actually screw things up. There was a woman here last week, who's lawyer had totally screwed up her case delaying it and putting her husband at risk. Luckily we straightened her out on the process, and she chose to do the rest on her own after wasting some of her money. If you use one, or use a visa service, make sure they know what the heck they're doing.


CaryhMalePhilippines2014-06-19 09:55:00
K-1 Fiance(e) Visa Process & ProceduresIs this case straightforward enough or do I need a lawyer?

There is nothing overly complicated about your case that would require a lawyer. The one issue I would bring up is she needs to have income high enough to qualify to bring you to the USA on a fiance visa. This is 125% of the poverty level, and a poor student probably isn't going to have that kind of income. Her family may joint sponsor, if that's accepted at your embassy, a lawyer can't fix that issue, so its still a do it yourself thing.

 

 


CaryhMalePhilippines2014-06-19 09:33:00
K-1 Fiance(e) Visa Process & ProceduresWhy does USCIS mail take longer than regular mail

I't's sent at business rate, not first-class rate, I believe.

 

third class bulk postcard rate seems more like it.

 

I think to USCIS, saying they mailed a letter means they've put a request in for a letter to be generated and mailed. So you've got the printing department, the folding department, the stuffing into an envelope department, licking the stamp department and the addressing department, before it even gets to the postal pickup department. 


CaryhMalePhilippines2014-06-24 15:31:00
K-1 Fiance(e) Visa Process & ProceduresLost passport during K1 process

My application is still between NOA1 and NOA2, should I call the texas service center and let them know about the new passport or just wait and go with the new passport to the interview?

 

Wait until the interview. 


CaryhMalePhilippines2014-06-27 13:38:00
K-1 Fiance(e) Visa Process & ProceduresLost passport during K1 process

If you're relying on photocopies of the stamps in your passport as proof of meeting and they want to see the original, this could be a problem.

Otherwise its not issue at all, until they actually put the visa in your passport.

 


Edited by Caryh, 27 June 2014 - 11:06 AM.

CaryhMalePhilippines2014-06-27 11:06:00
K-1 Fiance(e) Visa Process & ProceduresQatar Police Clearance Certificate may not arrive in time

Sky Flakes are crackers made in the Philippines and they are just the most awesome cracker I have every had.  They are similar to Club Crackers but taste better, probably more oil in them :)  They are very good and irresistible  lol....Yes we will keep the interview appointment and just hope that the good people of Qatar will listen to the agent we hired and move as fast as they can.............

 

We can get the Sky Flakes in Minnesota at our local Filipino store. We were getting those for my wife for a while, then she tasted Club Crackers and never went back to Sky Flakes. I never thought Sky Flakes were anything special myself, ok for a cracker, but everyone has different tastes. And I must say if Filipinos weren't eating them, they wouldn't be stocking Sky Flakes at our local Filipino store. 


CaryhMalePhilippines2014-06-25 07:18:00
K-1 Fiance(e) Visa Process & ProceduresQatar Police Clearance Certificate may not arrive in time

My fiancée Michael and I are lucky enough to have finally gotten our US Embassy appointment in Manila scheduled for July 16.  All of the paper work is ready, except we are trying to get his police clearance certificate from Qatar.  I hired a firm in Qatar to obtain it and have sent them the required documents via courier at great expense.  They now need a current Police Clearance Certificate from the Philippines, original form sent by courier!  Michael is on a cruise ship and will not return to Philippines until July 1 and then he can get current Police Clearance and then send to Qatar. I am worried what will happen if it does not arrive in time for the interview? I have kept all of the emails between myself and the firm in Doha, and the receipt for the US 800 it will cost to get the document.

 

Is it enough to show that we tried everything to get the document?  If it does not arrive in time for his interview then how does it get the document to the embassy if they hold his visa until they receive it?

 

Thanks so much for the help on this forum it has been the best place in the world to get help.

 

Thomas in Seattle waiting for my fiancée, and eating Sky Flakes, the best food in the world :)

 

If it is required, they will issue a 221G requesting the police clearance. He will then send the clearance via the 2Go to the embassy.

Some countries will not give police clearances if you're not currently living in that country. The USEM is aware of those countries, and you might get lucky that this is one of them. Except for the fact you've already paid $800 USD to get one. He should bring the documented attempts to get one though.

 

 

BTW enjoy your sky flakes. My wife enjoyed them for a while after arrival, but now finds the American versions a touch better. Which is rare for her considering she mainly only eats Filipino food after almost three years here.


Edited by Caryh, 24 June 2014 - 03:27 PM.

CaryhMalePhilippines2014-06-24 15:26:00
K-1 Fiance(e) Visa Process & ProceduresI-134 vs I-864

It is very common to want to see the last years tax return or transcript during the interview. I know people who have been held up because they did not have it.

And its right in the instructions of required items

 

http://italy.usembas...ication.html#as

Affidavit of Support

Form I-864, a contractual affidavit of support, must be submitted for most family-based applicants and employment-based applicants when a relative is the petitioner or has ownership interest in the petitioner's business. Form I-134, also a contractual affidavit of support, must be submitted by K1 fiancé(e) visa applicants. All applicants must also submit the petitioner?s most recent tax returns. 


CaryhMalePhilippines2014-08-20 08:07:00
K-1 Fiance(e) Visa Process & ProceduresQuick question

I've found it best to download the forms. I then open and fill the forms in on my computer and can save them with the data before printing. Then if I discover a typo or error, I can just reopen and fix just that item.

 


CaryhMalePhilippines2014-08-26 07:44:00
K-1 Fiance(e) Visa Process & Proceduresbank letter?

 

The "documents filed for visa appointment" and "instructions for K-1 visa applicants" differ on the embassy website. When i called they instructed me to this link as it will be the exact same as Packet 4 my fiance receives. 

 

http://santodomingo....ppointment.html

 

  1. Evidence of Economic Solvency: You must present a Form I-864 (Affidavit of Support Under Section 213A of the Act) from the petitioner, even if he or she is not working, along with all supporting documents. If the petitioner?s income is insufficient, you must find a joint sponsor.

 

 

K-1 and K-2 instructions are here, which list the I-134. The K-1 visa is technically not an immigrant visa, even if the intent is to become an immigrant after marriage.

 

http://santodomingo....structions.html


Edited by Caryh, 26 August 2014 - 10:19 AM.

CaryhMalePhilippines2014-08-26 10:16:00
K-1 Fiance(e) Visa Process & Proceduresbank letter?

The I-134 Instructions state that you need a statement from a bank officer, though. Do the embassy instructions overrule the form instructions? I'm having my fiancé bring a statement from my bank just to be safe. 

 

 

 

From the instructions, 

 

begin quote

"Supporting Evidence

As the sponsor, you must show you have sufficient income or financial resources to assure that the alien you are sponsoring will not become a public charge in the United States.

 

Evidence should consist of copies of any of the following documents listed below that apply to your situation." 

end quote

 

It is very clear here that both are not required. You can use income alone, financial resources alone, or a combination. If you qualify on income alone, there is no need to include financial resources!


CaryhMalePhilippines2014-08-26 09:54:00
K-1 Fiance(e) Visa Process & Proceduresbank letter?

For the i134. Or maybe it was the i864. I know i only really need the i134 for the interview but i filled out both. I read multiple times that you need a "letter" and i took that as a personalized document signed by someone at the bank wearing g a suit. I meet the income requirements.

 

I kind of doubt a letter without balance statements over a period of time would even work for those looking to prove other sources of income or assets. But if your income alone qualifies, there is no need to report assets or other sources of income and go through all the extra documentation. 


CaryhMalePhilippines2014-08-26 08:08:00
K-1 Fiance(e) Visa Process & Proceduresbank letter?

Why do you think you need the bank deposit information? Do you work for yourself? If you're an employee and make enough money to meet the requirements, showing your assets is not required. My bank also doesn't mail me monthly statements, but they are available via PDF downloads. You might want to search around their site for such an option, if you actually need your balance statements.

 


CaryhMalePhilippines2014-08-26 07:49:00
K-1 Fiance(e) Visa Process & ProceduresInterview scheduled - They don't accept I-864's only I-134! Freaking out...

Thank you for the information everyone.  I must have overlooked that on the State Department website long ago....  I'm heart broken.

 

Can someone please tell me if I need to be at 100% the poverty guideline for a family size of 1... or are they assuming a family size of 2 (me and my fiancé).  Hopefully I can come  up with a large lump-sum of money in the next three weeks.... but I would need a miracle.

 

Technically you only need 100% of the family size with the immigrants added in to determine family size for the K-1. So in your case the count would be you and him, so 2. But the embassy has a lot of discretion with K-1's and keeping them from being a public charge. Given 125% of poverty level is required to get through the AOS, they normally use the 125% number. 

Get the I-134 from your mother, you do not know if they will reject co-sponsors at the his embassy. I'm assuming you still intend to try. And bring the I-864's to. Don't plan for failure, but plan to do everything you can to get through this. You can't go 100% on what someone on the phone said from the embassy. I've seen a lot of bad information given out many times. 


CaryhMalePhilippines2014-08-29 10:20:00
K-1 Fiance(e) Visa Process & ProceduresInterview scheduled - They don't accept I-864's only I-134! Freaking out...

If they do not accept cosponsors for K-1s at your fiance's embassy, your only choice will be to get married there, then file for the CR-1 visa. The cosponsor is required to be accepted for family based visas, but its up to their discretion to accept for K-1 visas, and some embassies do not accept cosponsors for K-1 visas at all.

 


CaryhMalePhilippines2014-08-29 09:41:00
K-1 Fiance(e) Visa Process & ProceduresIs new $265 K1 Visa fee for filing the petition or something different? The petition fee I thought was $340.

Hey there again,

So according to this website, there will be changes made to visa fees as of the 12th of September.

http://travel.state....a-services.html



 

Is the new K1 fee they are referring to THE PETITION FILING FEE that normally is $340?

Hope you guys can help clear this up,

~Kevin
 




 

This is the fee you pay before the interview, not the petition fee.


CaryhMalePhilippines2014-09-04 13:34:00
K-1 Fiance(e) Visa Process & ProceduresRFE

Evidence of a two year relationship

 

This isn't evidence of a two year relationship, they're asking for proof you were in each other's presence in the two years before filing the K-1. Copies of the passport stamps showing the visit to the beneficiary's country is a good start. They really like to see those as primary evidence.

Dated boarding passes and airline tickets

Dated pictures together during the time period

Credit card receipts of money spent in country during the trip

 

Read section 7 C of the instructions for the I-129F

http://www.uscis.gov...i-129finstr.pdf


CaryhMalePhilippines2014-09-05 08:49:00
K-1 Fiance(e) Visa Process & ProceduresRFE

I do, we lived together since 2014 until I filled

 

I could also mention sometimes they just miss the evidence was provided. For example we included the letters of intent from both my now wife and I, yet we got an RFE for it. I'm not sure if they lost it, or missed it, but I had a photocopy of the entire sent packet and they were in there. 


CaryhMalePhilippines2014-08-25 15:07:00
K-1 Fiance(e) Visa Process & ProceduresRFE

Yes, thanks, i think i have all that cover. Got a lot of evidence we met back in 2010.. And also we lived together for over a year.

 

Evidence of meeting back in 2010, wouldn't matter for the K-1. You need evidence you met in the two years prior to filing. Since your NOA 1 was 2014-02-28, you need evidence of being together between 2012-2-28 and 2014-2-28.


CaryhMalePhilippines2014-08-25 15:01:00
K-1 Fiance(e) Visa Process & ProceduresRFE

Oh my God i never saw that list..

 

Ouch, I'm going to guess you likely missed supplying one or more of the areas of evidence required to qualify. Cross check that you covered each area and get to work collecting missing areas now. 


CaryhMalePhilippines2014-08-25 10:43:00
K-1 Fiance(e) Visa Process & ProceduresRFE

What kind of documentación?? Can someone give me some examples of their RFE

 

RFE or Request For Evidence. You forgot something or what you provided did not meet the evidence standards they require. You could go over everything you sent, and check it against the checklists, or you could just wait for the letter to arrive. 

 

Anything from the lists here could be missing, or any form could have been incorrectly filled out or lacked a signature.

http://www.visajourn...content/k1guide


CaryhMalePhilippines2014-08-25 10:33:00
K-1 Fiance(e) Visa Process & ProceduresDual citizen filing K1

Yes, this is a good thing to include in the petition. You don't need to go into a lot a depth, but a basic outline of how and where your relationship started and how it progressed to the current point. It paints a clear picture which can last right through the interview.

 

Yes to sending the the biopage of both passports (if the St Kits passport shows his entry and exit in St Kits) and the stamps that prove you were in each other's presence in the last two years before filing. The on going relationship is something you prove during the interview, not the I-129F petition, where just having met in the two years previous it filing is the important point. Birth certificates are not their preferred method for proof of citizenship, his USA passport biopage is. Unless its what they call the long form birth certificate, and they can get quite picky about that. Send it but make sure the USA passport biopage is used as the primary evidence of citizenship.

 

 

 


Edited by Caryh, 09 September 2014 - 08:30 AM.

CaryhMalePhilippines2014-09-09 08:21:00
K-1 Fiance(e) Visa Process & Proceduresquestion on being in USA while k-1 is completed

As long as he's not over staying his visa, its no issue to continue to stay here until he's needed back in his own country. 


CaryhMalePhilippines2014-09-18 08:06:00
K-1 Fiance(e) Visa Process & ProceduresDoes the us citizen need a pasport.

Sounds like you did all the traveling when you met in person. And it sounds like his state gives a decent enough birth certificate to prove he's a citizen. He doesn't really need a passport then, but a USA passport is the easiest way to prove USA citizenship in the future. I'd have him get it, just because it can make life easier, and I'd assume at some point he's going to want to travel with your to your country. 


CaryhMalePhilippines2014-09-18 09:24:00
K-1 Fiance(e) Visa Process & ProceduresAppealing Denial Decision

I thought by statute, appealing the decision on an AWA waiver request was not even an option. 

 

Thanks, I did search the previous posts.  This is dealing with AWA and an appeal is not likely.  Basically in order to win an appeal and get your petition approved, you need to prove that either 1) you were not convicted of any specified crimes against a minor, and/or 2) you pose NO risk at all to the beneficiary.

 

If you have not been convicted in the past, it should be fairly easy to submit evidence disputing the fact.  However, I don't think that is your situation.  Your only option left would be submitting evidence to prove you are NO risk to your fiancé.  There is a huge difference between LOW risk and NO risk.  You have to prove that you pose NO risk, which that in itself could be very difficult to prove.

 

Here is a case where an AWA case appeal was not successful:  http://www.uscis.gov...013_01D6101.pdf

 

Here is an excerpt:

"The AAO does not dispute the expertise of the mental health professionals who have written letters on the petitioner's behalf and provided their opinions on his risk of reoffending. Their letters and the other relevant evidence in the record indicate that the petitioner has undergone years of therapy, taken substantial steps to rehabilitate and presents a low risk of reoffending. However, the statute requires the petitioner to establish that he poses "no risk" to the beneficiary..."

 

 

 


CaryhMalePhilippines2014-09-18 11:26:00
K-1 Fiance(e) Visa Process & ProceduresAppealing Denial Decision

 

What was the reason for the denial?

 

A search of the OP's posts would reveal that. He may not want to openly say though.


Edited by Caryh, 18 September 2014 - 08:58 AM.

CaryhMalePhilippines2014-09-18 08:57:00
K-1 Fiance(e) Visa Process & ProceduresAppealing Denial Decision

The conventional wisdom is appealing the decision takes much longer and costs more than re-applying. You just need to over come the reason they denied you in the first place. Also an appeal can only succeed if you can prove the denial was improperly given. With you saying they'll just deny again if you re-apply, I have a feeling you know there is something wrong you didn't overcome in the original petition. 

 


CaryhMalePhilippines2014-09-18 08:11:00
K-1 Fiance(e) Visa Process & Procedures129 F Approved, AOS Filed

I don't think there is an I-130 petition in the mix. I think you've received your appointment letter for you AOS interview, but someone clicked to send the I-130 interview form letter instead. Show up together perpaired for the I-485 interview. If they've messed up thinking you really need an I-130 interview, then in person with an appointment would be the best was way to get it straightened out. You Sound like you're over a year already, which is way too long.

 

BTW look up at the top bar of options here if your on a computer. See "Immigration Timelines"? That's where you'd put your timeline entries with all the steps and dates. Then people know exactly what step you're working on. 

 

 

Thank you for your response.

 

Timeline:

 

I-129F Approved in Fall 2012

 

My wife arrived in Spring 2013.

 

We married 2 months after her arrival.  We filed our AOS (I 485) one week after being married.  Both were done prior to the 90 day USCIS requirement.

 

Our I 485 AOS is still pending (well over one year from filing).

 

I am a natural born US citizen.

 

Why is a I 130 Petition even in the mix? 

 

Thank you

 


CaryhMalePhilippines2014-09-19 14:10:00
K-1 Fiance(e) Visa Process & Proceduresafter the medical part of my visa journey...

so i won't have a prob with it at the interview or when im entering the US? 

 

No there is no problem with this during the interview or when entering the USA. In fact you can enter the USA without getting any of those vaccines, but you would need to get them before, or get a religious waiver before you can get your green card. Save this document, you will need it when you file the I-485.


CaryhMalePhilippines2014-09-19 14:47:00
K-1 Fiance(e) Visa Process & Proceduresafter the medical part of my visa journey...

Some vaccines you cant get because they are not age appropriate....

 

She checked the blanket waiver, which right there explains that "vaccination(s) not medically appropriate" - which means they can't give them to you.

 

But it says you are eligible for the waiver, so I wouldn't worry about it. It was probably a vaccine you don't need because of your age.

 

Dont over think it, the doctors know what they are doing. You should be fine :)

 

Oh and about the Influenza vaccine, look on the this page, it tells you what you need... Influenza is not one

 

http://www.uscis.gov...on-requirements

 

 

 

 

from your link. Now is that the influenza listed in the DS-3025 or not? I think they like to make this part difficult to understand. :lol:  If you follow on to the CDC site, you'll find they list influenza as being required during the flu season.

 

  • Mumps
  • Measles
  • Rubella
  • Polio
  • Tetanus and Diphtheria Toxoids
  • Pertussis
  • Haemophilus influenzae type B
  • Hepatitis B
  • Any other vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices

CaryhMalePhilippines2014-09-19 14:44:00
K-1 Fiance(e) Visa Process & Proceduresafter the medical part of my visa journey...

 

You're right, it should be because of the influenza one. I just got mine too and in some places they weren't applying that anymore because the season has passed.

So it is missing, but there is a reason.

 

My wife had a couple rows that were not checked off, but the influenza one was checked off as insufficient interval, even though she never had one. Just to insure there was no issued on her AOS, we went to a civil surgeon and got her vaccines transcribed. He recommended she get the boosters and the flu shot at our clinic and bring the records first. By the time we were adjusting her status, it was fall and I wanted her to have it to.

This won't stop you from entering the USA, but rarely this can delay issuing the green card if they don't see the date and that it was not the flu season when the medical was given.


Edited by Caryh, 19 September 2014 - 02:29 PM.

CaryhMalePhilippines2014-09-19 14:28:00