biggish data

Need help with K1

I feel like maybe I should talk to an immigration lawyer but I have no idea how to go about finding a good and inexpensive option.

Many lawyers do free consults. I would see if anyone on the Canada forums here has suggested someone recently.

yachachiq12

Not Telling

Peru

2012-08-21 14:56:00

Need help with K1

A good start for you would be to read the I-864 instructions, specifically the section on domicile. It might clarify some things for you. You can claim that you have maintained a domicile in the US -- no problem there. The problem is if you try to hide the fact that you have been living and sleeping in Canada all this time. Is that what you are actually planning to do?

Another side of this is your concern with proving a relationship: normally, people either show they live together or that they use technology to keep in touch internationally. You may not have a problem with showing proof of meeting, but what evidence will you use to show you have a real relationship if you are claiming to live in the US?

yachachiq12

Not Telling

Peru

2012-08-21 14:50:00

Need help with K1

The US has no right to enforce Canadian immigration laws. I'm not sure why you think it would prevent you from getting a petition approved with USCIS. Claiming to live in the US when you haven't in years is an actual problem.

No one here will claim to take legal responsibility for you. If you doubt the advice and feedback you're receiving, you should indeed consult with a lawyer who is well-versed in immigration law on both sides of the border. Some of the most knowledgeable VJ members have been posting here for you.

yachachiq12

Not Telling

Peru

2012-08-21 14:38:00

NOA2... A little overwhelmed

Also, where did you get copies of police records/court documents? And where in Lima can they be certified translated into English?? Did you send original paystubs? Or copies? And the same for the taxes? Ugh so many questionss..thanks again! Te debo un ceviche!

You'll get an appointment letter with all the details on this. No need for translations from Spanish.
Police records can be obtained at the nearest police station where your fiancee lives. Penal records are found at the Poder Judicial on Avenida Abancay in Lima. Judicial records can be gotten at the Poder Judicial on Av. Abancay as well. If memory serves me right, the penal records are no longer needed. You'll want to confirm this, though.

For the I-134 documentation you can send copies of the supporting documents.

Edited by yachachiq12, 19 February 2013 - 12:00 PM.

yachachiq12

Not Telling

Peru

2013-02-19 11:52:00

NOA2... A little overwhelmed

Okay. Thanks so much for your reply! So ill send the i-134 and all that jazz to my fiancee. She should have her birth certificate, police record, and court documents translated into english right? Is that necessary? Also, you BOTH attended the interview? Is that necessary? Or can she go alone? (Im in Peru at the moment, and another trip down might not be feasible) thanks so much!

If it's in Spanish, it doesn't need to be translated for the consulate in Lima. The fiancee can go to the interview alone, though you are also allowed to accompany her. Sometimes, if you have some red flags, it's advisable to accompany the fiancee. If you think it's a straightforward case, it may not be necessary for you to get there. In rare circumstances, they will make a request that the US citizen show up to a second interview before visa issuance.

yachachiq12

Not Telling

Peru

2013-02-19 11:47:00

Affadivit of Support

A conservative suggestion would be to bring paperwork for a joint sponsor to the interview just in case the VO thinks it's needed.

yachachiq12

Not Telling

Peru

2013-04-28 15:19:00

Affadivit of Support

I agree. This shouldn't be an issue. I was in a similar position when we applied and didn't have any problems.

yachachiq12

Not Telling

Peru

2013-04-27 21:25:00

primary or secondary evidence?

I asked basically the same question in January and got a totally different response than you have gotten. I submitted without a letter of intent from my fiance but included one from me. I didn't have one from him because I missed it in the instructions and didn't wait for him to send one from Nicaragua. If you mailed the petition without a Letter of Intent to Marry I wouldn't worry to much. I was really worried but many people reponded to me that they hadn't included one from either party and were still approved without getting a RFE. I was advised that we should both submit on at the interview. Good luck!

That's interesting. I guess I just didn't want to risk our package being sent back - more waiting time. Maybe it depends on who goes through your stuff.

BTW, Nicaragua?! I was there a couple of months ago. Cool

I'm praying that it wasn't too much of a risk.

Where were you in Nicaragua? I was there in Nov.

It's a beautiful country isn't it!

Eli_y_Mauri

Female

Nicaragua

2007-03-03 14:12:00

primary or secondary evidence?

Hi! I know some might consider this as a dumb dumb question, but i would just like to ask if the Letter of Intent to Marry is considered as a primary or a secondary evidence? Do you get an RFE if you fail to submit one? And does the service center put the petition on hold until you submit the letter? thanks so much

wife2be

I asked basically the same question in January and got a totally different response than you have gotten. I submitted without a letter of intent from my fiance but included one from me. I didn't have one from him because I missed it in the instructions and didn't wait for him to send one from Nicaragua. If you mailed the petition without a Letter of Intent to Marry I wouldn't worry to much. I was really worried but many people reponded to me that they hadn't included one from either party and were still approved without getting a RFE. I was advised that we should both submit on at the interview. Good luck! ^_^

Eli_y_Mauri

Female

Nicaragua

2007-03-03 13:54:00

K1 VISA APPROVED. BUT DID NOT TAKE CO-SPONSOR I134!!

I had a similar experience in Lima with the CR-1. I had earned very little in the most recent tax year because I was a grad student. We had a solid co-sponsor for the I-864. They took everything from us at the interview, but when the DHL package arrived all the co-sponsor's originals were outside the sealed envelope. They never asked for it at POE or anything.

yachachiq12

Not Telling

Peru

2011-07-13 09:29:00

Medical

Actually the civil surgeons for Peru have been in flux in the past year. Two of them are no longer working with the Embassy and have stopped taking appointments. I don't know if they've found others to replace them on the list. Either way, you can't make the medical appointment without your interview letter. You'll have to wait, unfortunately.

Edit: I found this, but you still have to wait for your letter. The doctor's office won't allow you to make the appointment until then. We used Dr. Corigliano and liked him a lot. When you get to the Clinica, be prepared to wait for hours, as they schedule dozens of people for the same appointment and you have to have various tests done all around the clinic. If you get there early, you're more likely to finish first.

The panel physicians are:
Dr. Sandro Corigliano
Address: Clínica Anglo Americana | Av. Alfredo Salazar 350, San Isidro
Telephone: 222-2192, 616-8900 x1450, 1451 & 1458
Office hours: Tuesday & Thursday, from 8:30am to 11:30am; Monday & Friday, from 3:00pm to 5:30pm
Dra. Viviana Mélinchon
Address: Paseo de la República 6065, San Antonio, Miraflores
Telephone: 447-3654 y 981-036-823
Office hours: Monday to Friday, from 10:00am to 1:00pm & from 3:00pm to 7:00pm; Saturday, from 10:00am to 1:00pm
For more information on medical exams, please review the Interview Preparation - Medical Examination page or click here.

Edited by yachachiq12, 13 July 2011 - 10:33 AM.

yachachiq12

Not Telling

Peru

2011-07-13 10:29:00

Red Flags for I-129F Packet...

USCIS does not need proof of her permission to work in Mexico. The US has no jurisdiction over such things and they are not concerned with whether she resides there legally or works there legally. By not including her present employment in Mexico, she will have to omit important details about her life with her fiance in Mexico and may leave her case with some red flags.

yachachiq12

Not Telling

Peru

2011-08-09 14:03:00

Red Flags for I-129F Packet...

This was mentioned in responses to one of your earlier posts, but I think it's worth mentioning again since your reasons for not doing so were just that you had "always heard the K-1 was best": why not do a simple civil marriage in Mexico and file the I-130 for a CR-1 visa through DCF there in Mexico? It's so much faster than any other route and cheaper than a K-1 visa ends up. Also, your spouse-to-be could begin working in the US immediately upon arrival. Look into it in the Guides.

When filling out the forms, you do need to include any non-US work history that falls within the 5 years. I'm not sure about the addresses, but I would think everything would need to match up. Hopefully someone else can say since I have no first-hand knowledge of the K-1 process nor of applying outside of the Consulate.

yachachiq12

Not Telling

Peru

2011-08-09 00:52:00

Interview questions is Lima Embassy

Have you already read the Embassy reviews for Peru? Some people list the questions they are asked. I'm under the impression that the questions in Lima are pretty standard and nothing out of the ordinary comes up with any frequency.

Be prepared to answer questions about how you met, your wedding plans, your living situation plans, visits to see each other, how your family feels, etc. It doesn't hurt to know things like where each person works, went to school, siblings' names, etc. All the standard stuff.

The only questions that surprised me just a bit were when they wanted to know more about who our co-sponsor was and what kind of work my husband planned to do in the U.S.

yachachiq12

Not Telling

Peru

2011-09-09 16:42:00

What do I have to do after the NOA2??

Hi,
We just got the NOA2 yesterday, what do we have to do now?? Do I have to wait for something before to set an appoinment for the medical? When do I have to pay the fee? When my fiance has to send me the original doccuments? What else do I have to prepare? how long will it be before to have news??? lots of questions now

Thanks to all for your help!!

For Lima, you can't schedule your medical exam until you have the interview appointment letter in hand. That letter will have a list of everything you need for the interview. You pay the fee the same day.

See here for more info, as well as the US Embassy in Lima website itself which has updated info: http://www.visajourn...y=Peru&cty=Lima

yachachiq12

Not Telling

Peru

2011-10-16 04:49:00

I was going to include which state he lives in also because I know they're a few states that allows a minor to marry with parents consent, but he's international and federal law supersede state law, so the state law will not apply to him. he really needs to consult and attorney he's one of the rear cases that needs to speak to one with expertise and not try to go about it on his own because laws are constantly changing and if he talks to someone his self he might get the wrong information. .

Nearly every state allows marriage at age 16 with parental consent. Every state allows it by 17 with parental consent except New Hampshire which allows it with special cause: http://en.wikipedia....e#North_America

yachachiq12

Not Telling

Peru

2011-10-18 21:41:00

yachachiq12 you seriously need to re-read the tread again no one ever said that he can't petition for her and besides that's not even the question because he wants to wait until next year when she turns 18.

also, you failed to leave out custom big big difference the reason the US will allow it is because both family know each other very well.

Do you seriously think any adjudicator will allow an underage person to move away to another country with someone that is much older then his/her(beneficiary) even if the parents consent knowing that the relationship started when the child was 14/15??? it's kind of one of those thing where you should already know they don't have to spell it out to you in details on a form.

Yes, his ability to petition for her will go through but the million dollar question is will the US try to bring charges against him for the age of the child when the relationship
started.

This seems like an inappropriately rude response. As I stated above, my reply to your previous statement was only to clarify the marriage age versus consent age differentiation on legal terms. Your comment did not differentiate, thus you implied the illegality of the petition and marriage. So, yes, I do see someone saying it isn't permitted: you. And yes, he does intend to petition now. His original question was whether he can or not, so he needs to know if it's permitted.

Barring that, could you please provide a case where someone has been denied by an adjudicator for the reasons you state above? Or perhaps show the law that determines that the marriage/intent would be illegal with parental consent? Or the I-129F guidelines that show it would not be permitted? I see nothing tying this to religious reasons, parents' familiarity with each other, or otherwise.

Furthermore, COs are not instructed to determine the morality of relationships. They are instructed to determine the legitimacy/bona fides of them. The petitioner will show parental consent to marry following the laws of his jurisdiction where he intends to marry.

yachachiq12

Not Telling

Peru

2011-10-18 21:34:00

it doesn't matter what Connecticut law says federal will always prevail because she is not in Connecticut. Listen all we are telling you to just talk with a lawyer before you find yourself in a world of trouble.

page 3 of what your are showing us is correct because some countries have customs that the child already has her/his mate from time of birth, so under certain religious matters the U.S will allow it if say if the petitioner is 18 and the bene. is 17.

I think you might be amalgamating two separate issues. He is legally allowed to marry her and legally allowed to petition for her, provided he is intending to marry in CT or a state with similar marriageable age laws and provided he shows the appropriate parental consent documentation. The I-129F instructions do not say the provision for marrying under 18 is reserved for religious reasons.

The second issue, which remains separate from their legal ability to petition and marry, is the premarital relationship, whatever form it took. Yes, he needs to proceed cautiously regarding that, but do not confuse that with his ability to petition and marry.

I just needed to point that out so there is no confusion on the meaning for the OP or someone else with a similar question.

yachachiq12

Not Telling

Peru

2011-10-18 20:57:00

Page 3 of the I-129F instructions http://www.uscis.gov...i-129finstr.pdf clearly states that if one of you is not at the age of consent at filing, you need to include proof of consent or permission. Thus, you can file before her 18th birthday, but your initial filing and your follow-up documentation at the interview should include written permission from a parent. Whether consent of both parents is needed may vary by your city/county. Contact your local marriage license office to clarify if permission of both parents is necessary or not (knowing you will not have to produce the documents as she'll be 18 by the time she arrives, but this will be necessary to get through the requirements of the I-129F filing). You should include some documentation of what your local laws are in your I-129F so there are no RFEs or doubts for the reviewing officer. This should cover all your bases.

I would echo what others are saying about being mindful of the age of consent in Peru (18 years since 2006). It isn't our business what has or hasn't happened with your girlfriend, but you should be prepared for any potential questions that may come your way, as it is the business of the person who interviews you. The Peruvian Penal Code considers it serious enough that it's punishable by 25-30 years in prison.

yachachiq12

Not Telling

Peru

2011-10-18 20:04:00

Visa issuance

In Peru, if you're approved at the interview, it should come via DHL within a week. I would suggest you review the Peru Embassy info page here: http://www.visajourn...y=Peru&cty=Lima

It has the information you've asked for here, plus much more.

yachachiq12

Not Telling

Peru

2011-11-08 12:34:00

Medical exam coming...

If you have any past drug or alcohol abuse or use, you should be aware of the consequences of that (I will not volunteer any advice here, but you should look into the implications if it applies to you). If your chest x-ray shows any evidence of tuberculosis, you may need additional testing that will prolong the process.

Overall, it's a straightforward process. I am referring to experience with the immigrant visa medical (CR-1, not K-1), so take that for what it is. We were at the Clinica Anglo-Americana for about 4 hours. Arrive early, as dozens of people are scheduled at the same hour as you and you wait and are served in the order you arrive. Bring a snack and drinks because the food is expensive there (same for the neighborhood). The coffee machine is good enough if needed. We had to do x-rays, vaccinations, blood test, and general medical exam, going from department to department with paperwork as instructed by the nurses. At the end of the day, seeing the actual doctor was the last thing to happen. He asked my husband a few questions about why he was moving to the US and some random medical history inquiries. It was a long day, but everyone was very kind and we had no major issues (just getting lost and confused at a couple points!). We returned about 3 days later to pick up the medical packet. Don't forget to bring the 3 photos requested, your interview letter, and whatever else they need. I'd bring a good book or magazine to while away the waiting time. Good luck!

yachachiq12

Not Telling

Peru

2011-11-23 19:53:00

Medical on monday!!!

Barring unusual circumstances, both the civil surgeons will do everything that requires your presence in one day. Both will have your medical packet (barring issues) ready for you to pick up in about 3 days.

yachachiq12

Not Telling

Peru

2011-12-04 16:50:00

How to show that we have a serious engagement?

By all means, take as much as you want in with you, especially if it helps you maintain sanity. I would pick a few examples of your chat logs that mention specific events and put those at the top of your pile where they're ready to pass along; maybe even highlight the important parts. If they're really skeptical and giving you a hard time, you can show that you came armed with that big pile.

yachachiq12

Not Telling

Peru

2011-12-12 22:14:00

How to show that we have a serious engagement?

Lima is a very no-nonsense consulate. Bring all that stuff in with you, but order it according to how compelling it is for A)having met in person and B)having a relationship (as pushbrk said). I would only initially present a couple photos (one with other people in it) and evidence of having met through one or two other things.

They won't want you to hand them a stack of this stuff. Keep it neatly organized in a folder and produce it as questions come up in the interview itself. Like, if they ask about your engagement, you can offer to show the photos of the lunch. If they ask about trips you've taken together, offer up some of that paper trail.

They are not going to like it if you pass your scrapbook through the window, in other words. Bring it all, but be prepared to not use most of it.

yachachiq12

Not Telling

Peru

2011-12-12 13:16:00

APPROVED!

Today we had our appointment at the embassy and we were approved PLEASE IF YOU HAVE ANY QUESTIONS ABOUT A CR1 VISA ASK ME! I WOULD LOVE TO HELP

Congrats! If you haven't already, be sure to put your review in the Embassy review section of the site: http://www.visajourn...&cty=&dfilter=5

Estimado Cholito,

Again...CONGRATS!!!

And yes...we would like to know what questions were asked? All of our original paper work was sent to NVC (complete) and forwarded to the embassy. I told my wife she only needs to take her passport and embassy letter. Am I wrong in this? We are IR1/CR1 como tu.....so we are not required to submit the proofs of a relationship other than the documents supplied to the NVC?

Any ingo would be helpful! Wifey goes for medical exam friday. Embassy interview is a little more then a month off.

Thanks and felicitaciones....

Sincerely,

Magnus

Magnus, you definitely need to bring updated evidence of your bona fide relationship to the embassy for your interview. Good luck preparing!

yachachiq12

Not Telling

Peru

2011-12-14 13:32:00

Second RFE even after using an immigration lawyer

but have contacted another one who seems very professional and good, only thing is i need to pay 1000 dollar again for the rest of the process, but they work properly

maybe we could also do it on our own for sure

Again, why would you spend your money this way? It seems you do not have an abundance of disposable income, so exactly what is it you think will be accomplished by hiring a lawyer (this is not a rhetorical question)? It's your business to do so, of course, but I get the sense that you haven't yet understood that it is not likely to change the outcome of your K-1 case based on what you've told us here. Specifically, what part of the rest of the process do you feel you cannot do without a lawyer's help? I'm sure people here can help guide you if you don't quite understand what you've read in the guides.

(I'm hung up on this because the OP seems a little overwhelmed in general and if I were in this person's shoes, I'd want people with experience to stop me from hiring a lawyer for something I could do myself.)

yachachiq12

Not Telling

Peru

2011-12-17 01:12:00

Second RFE even after using an immigration lawyer

Why? Is your case a difficult or extra complicated one?
Thousands of people just do it on their own, it literally takes a few hours to read FAQs here on forum and on USCIS site.
I'm of course not trying to talk you out of throwing another thousand dollars away But you DON'T need a lawyer, especially at this stage when everything is already filed. (Unless, again, your case is difficult, needs professional help, etc.)

I want to second this comment. If there are no red flags in your case, why would you hire another lawyer?

yachachiq12

Not Telling

Peru

2011-12-16 01:46:00

DHL payement... !!!

As I said in your other thread, on the old system in 2010, we got ours a few days later. It was less than a week. However, I don't know if it's different now.

yachachiq12

Not Telling

Peru

2011-12-20 21:06:00

DHL payement... !!!

My best guess would be that there won't be a tracking number available until the consulate has passed your packet on to DHL. That should be when you'll know that it's been released.

yachachiq12

Not Telling

Peru

2011-12-20 20:53:00

DHL payement... !!!

They just changed the process this fall. It sounds like you didn't need to pay anything extra with the new way they do it: http://lima.usembassy.gov/6dhl.html

Hopefully someone like Dante&Geor with a recent approval will come along soon to comment.

yachachiq12

Not Telling

Peru

2011-12-20 20:32:00

Delays are so discouraging

I had one more thought. If you use the K-1 and then he returns to Peru for his courses and is going to basically need three flight legs, think about using your air miles. If you have enough, you could get his one-way to the US with those when the interview is scheduled (I know, I know "don't make travel plans," but with American at least, those can be re-scheduled for just $50). Then, you'd only need to pay for one roundtrip flight for his return for his course. Don't forget to keep in mind Jim's warning about him possibly needing to be present for an AOS interview, etc.

I know this is really frustrating for you and more expensive than you may have planned for in an ideal situation, but it is an investment in your future together. There are far worse ways to spend your money.

And don't forget the positive financial impact of choosing the CR-1: employability will come much sooner than with the K-1.

yachachiq12

Not Telling

Peru

2011-12-21 15:58:00

Delays are so discouraging

JimVaPhuong has given some really good advice on the timing implications above, but I wanted to add a few thoughts to what others have offered.

First, based on what we've been seeing for visa interview wait times in Lima, it should be just a month, not two or three. If it seems like his interview letter is taking too long to arrive, he should be following up with the embassy, as Serpost has been failing to deliver those packets in a timely manner this year for whatever reason. If all goes well at the interview, he should have his visa packet in hand from DHL within the week (he lives in Lima, right?).

Regarding marrying in Peru and then filing CR-1 for him to come after his fall semester: look into it a little better. I think you're somewhat confused about the process. Not all weddings are the communal ones, first. However, those communal weddings might be faster to register for in some municipalities, without needing the two-week waiting period. You can get married in front of a judge in 15 minutes, but you'll need a lot of special paperwork like legalized foreigner birth cert, certificate of singlehood, etc. I used this website when we were preparing our Peruvian civil wedding: http://streetsofperu...ed-in-peru.html

If you decide to abandon the K-1 since he won't really get to use it the way it's intended (unless you can hold off on your interview for 9 months), you could take two trips to Peru (or one longer one) to file for marriage and marry and then later submit your I-130 with the intent for him to relocate after his course. I totally understand that none of your options are ideal, but this is one to look into more seriously. Those one or two trips would allow you to see him without the stress of abandoning his K-1 process after fighting so hard for it or having to get all the interview documents two times when he inevitably has to file for the CR-1 anyway, PLUS the visits would allow you to start TTC (trying to conceive).

Here's an alternative timeline for you: visit for a week in January to file for civil marriage at the municipality, do your medical, etc.
Return in February to marry and collect his signature on I-130 docs (I'm pretty sure the wait time is two weeks)
Send in I-130
Have interview sometime in the fall while he's finishing up his studies
Move to the US after his fall semester

Remember, tickets to Peru are slightly less expensive between now and May, as the tourist season runs May to September-ish.

I would start by calculating the costs of each scenario, while also considering being able to see each other, the time spent to collect documents for each scenario, and the TTC situation.

yachachiq12

Not Telling

Peru

2011-12-21 15:48:00

Layovers

Geez, why can't people read? How many members are going to post after it has already been established that a Peruvian national requires a transit visa to have a layover in these countries?

It's not as if I and others have just randomly stated that this is the case, but rather we have provided many links attesting to the fact. I could understand if you didn't believe the 3rd party links people had posted, but I posted primary source links from the Mexican consulate in Peru and the Canadian consulate in Peru that explicitly state the need for a transit visa for a layover.

Please stop providing information that is blatantly wrong. Take ownership of what you write here: you are messing with someone's life if you give bad advice.

Are people really just trying to post to get more squares under their name, or what?

Edited by yachachiq12, 25 December 2011 - 02:15 PM.

yachachiq12

Not Telling

Peru

2011-12-25 14:14:00

QUOTE (roi_aggie @ Apr 16 2009, 06:25 PM) <{POST_SNAPBACK}>

Danny... Modest na!

Congrats on getting your hardcopy NOA2!

Yes thats me in full dork mode.

I'll be intolerably happy for days so I'm apologizing in advance...

Danno2

Male

Thailand

2009-04-16 20:36:00

<-___Ladies and gentlemen,
<-___That cuttie to the left
<-___That girl I love
<-___Yes that girl
<-___YES HER

Is comming to the USA this summer!
NOA2 - 4/9/2009 --- VSC-107 days

Edited by Danny and Chada, 16 April 2009 - 05:46 PM.

Danno2

Male

Thailand

2009-04-16 17:44:00

<-___Ladies and gentlemen
<-___That cuttie to the left
<-___That girl i love
<-___Yes that girl
<-___YES HER

Is comming to the USA this summer!
NOA2 - 4/9/2009 --- VSC-107 days

Edited by Danny and Chada, 16 April 2009 - 05:41 PM.

Danno2

Male

Thailand

2009-04-16 17:36:00

Who is going to create a dedicated SAWASDEE social, culture, political b!tch thread?

Edited by Danny and Chada, 14 April 2009 - 08:59 PM.

Danno2

Male

Thailand

2009-04-14 20:59:00

QUOTE

Why we REALLY want to pick a fight with Iran...
http://www.globalres...es/CLA410A.html

I learned something new today.

Danno2

Male

Thailand

2009-04-14 20:51:00

QUOTE (TimS @ Apr 13 2009, 06:34 PM) <{POST_SNAPBACK}>

We have chatted a lot but have used Yahoo IM. I have saved some chat files but cannot find a log file for this service. How important do you think this will be?.

I have not been through the process yet as I'm pre NOA2 but read up on this thread from about mid February for people going into the interview. Its seems pretty horrible.

Its a top priority for Chada and I to get as much 2 way proof of love we can.

Packet 3 and proof of relationship = full time job

Edited by Danny and Chada, 13 April 2009 - 08:42 PM.

Danno2

Male

Thailand

2009-04-13 20:41:00