ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresProof of employment

For what it's worth, I just had my interview a few weeks ago, and they wanted my fiance's 2010 tax returns & W2s (I offered them this when they asked for 2009 tax transcripts, and they gladly took it but informed me they couldn't demand it, since taxes aren't due until April 15th), plus a letter from his employer. I also had pay stubs, but they only wanted the letter and tax returns & W2. Just a heads up.
That was in Canada though, so it's probably quite different to China.

In any event, good luck to you. :)



They don't always take everything you offer but if you had only the pay stubs and no employer letter, they would have gladly kept the pay stubs as evidence of current employment and current income.


pushbrkMaleChina2011-03-26 20:02:00
K-1 Fiance(e) Visa Process & ProceduresProof of employment

Write the letter to your boss and have them print it on company letter head and have him/her sign it. Very simple.


It might be simple but clearly, it would be violating company policy. Only the employer and violator would care about that though.



pushbrkMaleChina2011-03-25 18:50:00
K-1 Fiance(e) Visa Process & ProceduresProof of employment

Use recent pay stubs instead?




Exactly. Recent pay stubs that show rate of pay and year to date earnings are, IMO, more effective evidence than employer letters anyway.


pushbrkMaleChina2011-03-25 18:19:00
K-1 Fiance(e) Visa Process & ProceduresGetting married abroad after visa issuance

I know the immigration rule is to get married within 90 days of fiance(e)'s entry into the US.
Having said that, I had a conversation with someone today that said a US Citizen Fiance could go to abroard to marry his fiancee after she gets the visa and that would fulfill the requirement to get married within 90 days of fiance(s)'s entry into the US.

Put differently, If I travel abroad to my fiancee's country, AFTER she receives her visa, and marry her over there, then come back together to the US, will I still need to re-marry her within 90 days in the US? Can I simply use the overseas marriage certificate to file for her adjustment of status? Please help.


K1 is a fiance(e) visa. If the K1 visa holder marries prior to entering the USA, they are no longer a fiance(e). They are a spouse. For a spouse to use a K1 visa to enter the USA is a crime called visa fraud. They can be deported and banned for life from the USA.

The terms of the visa require that the foreigner enter the USA unmarried, then marry the petitioner IN the USA within 90 days. Anybody suggesting anything written in my preceding sentence can be changed, is misleading you. Marriage AFTER the 90 days is allowed but it changes how the foreigner adjusts status to permanent resident.





pushbrkMaleChina2011-03-26 20:36:00
K-1 Fiance(e) Visa Process & ProceduresWithdrawing I-129F

i heard that to withdraw you visa both signatures from the petitioner and the beneficiary had to go along with the letter,stating that the relationship was over and request to stop the process...not sure tho if it is true..hope everything goes well and you might want to give it a chance you never know what might happen in these 5 months of wait time!



Then you heard wrong. It's the US Citizen's petition. If they withdraw it, that's that.


pushbrkMaleChina2011-03-27 18:42:00
K-1 Fiance(e) Visa Process & ProceduresWithdrawing I-129F

Yes

Remember the K-1 is not a "get to know you" visa. Sorry you jumped the gun with that.


Hindsight is always 20/20. I didn't think I was jumping the gun with my second marriage, at the time, but it didn't take long for my hindsight to override my foresight.



pushbrkMaleChina2011-03-26 21:07:00
K-1 Fiance(e) Visa Process & ProceduresWithdrawing I-129F

If you wish to cancel your petition --you should send a letter adressed to USCIS at the Service center you send in the petition , and inform them them about the cancellation . No need to send to NVC since it has not yet been approved and forwarded to that agency . I would send it as soon as possible . I am sorry to hear .Best wishes in future .


The above is correct but the action taken is to "Withdraw the petition". A simple letter stating full names and case number signed by the petitioner is sufficient.

I hereby withdraw my petition for... is how you state your intention. It is not a request. It is a withdrawal.



pushbrkMaleChina2011-03-26 20:39:00
K-1 Fiance(e) Visa Process & ProceduresImportance of the Beneficiary's English skills in the interview.

Something to keep in mind:

In the early stages, interviews taking place in the beneficiary's country can go either way. Usually the IO will ask which language you would like to have the interview in. Other VJ'ers have posted their advice on how to handle that one.

Later on, remember that your interviews will be happening in the US. Right after the wedding, the beneficiary will be filing for AOS. That does require another in person interview - and you can count on that one being in english. In our case, our IO was not accommodating to the fact that my husband was still learning english. He had a couple very tricky questions right off the bat ("Are you a spy?" and "How many crimes have you committed that you've gotten away with?") and my already nervous husband was thrown for a loop!

You guys have some time to prepare for that round, just something to keep in the back of your mind.


Translators are allowed in adjustment of status interviews but you take your own with you. In our case, my wife, her daughter and I were all together, so I emailed ahead and asked if our daughter could also translate. If the answer had been no, we would have taken a bilingual friend with us.



pushbrkMaleChina2011-03-28 03:29:00
K-1 Fiance(e) Visa Process & ProceduresEx-Spouse Permission Problem and Question

Thanks.

The Thai Embassy saw the sole custody order. It's good enough for the Thai's to grant passports, but the Embassy still wants the signature.

We are going to try to contact the father through an attorney. We will offer him 1 month's salary to come to the attorney's office, sign the acknowledgment, provide a photo ID, and certify through the local court. This way he can make a little cash and not have to face his former family.

If he says "no" to this then he's a jerk and we'll have to look at other options.


Hopefully that will work. Other posters would be well advised to understand this kind of question requires a country specific answer. What it is elsewhere is NOT what it is everywhere. Your specific question can be asked directly to the Consulate by email. That's where any answer about alternatives to the signed statement must come.



pushbrkMaleChina2011-03-27 04:14:00
K-1 Fiance(e) Visa Process & ProceduresWhat is "too much" and "not enough"?

That's what I was thinking also. I'm just overwhelmed with how much we have.. they are too many!!! It's a lot of work. When you had your interview, did you put all the evidence in a clearbook or anything of that sort to make it organized? Is that okay with the embassy? Because I was planning to put it in a clearbook, like a scrapbook, only it's a formal one since it's official papers. Would that be okay?


The beneficiary won't be able to pass over any notebook size item. Just organize it and hold it together with a binder clip. You may be overwhelmed because you already killed the trees and have it on paper. Much easier to print logs and examples than to poor through things already printed.



pushbrkMaleChina2011-03-28 08:35:00
K-1 Fiance(e) Visa Process & ProceduresWhat is "too much" and "not enough"?

Thanks everyone for your replies!

Hmm.. I understand. Because If I was to bring all our evidences, I think that's one or two half a century old trees. There are just too many. I was thinking of start of relationship.. and the current ones. Is that okay?


I would spread the examples over the entire relationship. Skipping a month or two is fine but for example if an 18 month relationship, make sure you have some examples from at least half of the months. A little extra for beginning and end is good.



pushbrkMaleChina2011-03-28 04:03:00
K-1 Fiance(e) Visa Process & ProceduresWhat is "too much" and "not enough"?

Hello everyone!

My fiance and I are December Filers, and I was mostly given the task to fix our evidences while waiting for NOA2. I would just like to know how much evidence do we need? I have hundreds of pages of chat transcripts, tons of pictures, about a hundred of snail mail letters, tons of receipts. Should I show everything? There are so many. Any advice from people who have gone through this already? Thanks so much.


More than a couple pounds of paper is too much. Concentrate on examples, not killing trees.



pushbrkMaleChina2011-03-28 02:44:00
K-1 Fiance(e) Visa Process & Proceduresplease help

Agree with other posters that you should visit in-person first before making decisions.

Mrs.Finland-USA is correct, to be eligible for a K1, you must have met in-person at least once two years prior to filing the I-129F.



Correction. at least once WITHIN THE two years prior to filing teh I-129F.


pushbrkMaleChina2011-03-28 22:50:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Petitioner Not Employed but with Sufficient Assets

Thank you for your inputs. We actually thought of counting on 70% of the 401K but I guess more conservative the better. Also I'd really not want to show the property on the affidavit however I might be questioned why not include it since we will disclose that we will live in the WA house when we come back. So you think they will not consider a listing of recent market values of surrounding real estate that is only generated by a real estate agent vs actual appraisals?



They might consider market values from a real estate agent but the instructions say to provide an appraisal AND a mortgage statement. Remember that it's an affidavit of support, not a financial statement. You can leave any section blank that you desire but if you put any real property, you need to list and document all of it properly.


pushbrkMaleChina2011-03-28 02:42:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Petitioner Not Employed but with Sufficient Assets

Oh yes - thank you - these are mostly cash reserves, savings, stocks and 401K. That's the other thing - Though 401K, he can withdraw this anytime when necessary and he will. And we both know that its withdrawal will cost money - subject to income tax and penalty and that is being considered. He has 2 real property which book values (market values-mortgages) offset each other (gain in TX property less upside down in WA property) and while he will show it on the affidavit, we will not count on it.



The 401k will get a major discount consideration as well because of tax and penalties. Count on only about 60% of a 401k being considered. If there's no net asset in the two real estate properties, you can just leave them out instead of getting them appraised.


pushbrkMaleChina2011-03-28 00:49:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Petitioner Not Employed but with Sufficient Assets

My US citizen fiance's K-1 petition is currently under initial review by the USCIS. I am concerned that he is currently unemployed (by choice as this is his sabbatical year) but he had a great earnings history ($100K+ p.a.) as well as future earning potential. He has assets that are just above 5x the poverty line for a household of 2. I have enough assets to combine with his and I understand that my current income will not be considered since I won't continue to have it until after we are married or I obtain my PR because my current job is in Manila and I have to give it up to move to the US. I also have a strong earning potential of $70K+ as I have worked in the US in the recent five years. My guy does not want to get a co-sponsor and is confident that we will be approved. I'm honestly not and would rather be sure. Given this situation and if I put this together to the consular officer, would I stand a chance?

Has there been an instance that your petitioner solely relied on assets and was approved?

Thank you.


First, the financial documents are provided at the interview stage. Yes, assets alone can carry the day but it depends on what kind of assets. If "investments" or "savings" sure. If most of the assets consist of equity in his primary residence, then not so good. Prior earnings and a job to return to would help as well. What kind of assets are we talking about?



pushbrkMaleChina2011-03-27 20:46:00
K-1 Fiance(e) Visa Process & ProceduresCalling Congressman or Senator

Go to your congresspersons website. Usually they tell you how to contact them and sometimes they have a form you need to fill out that allows them to inquire in your name. I had to write a letter to state this.
But it did help me with my AOS process. It really depends though, what the problem is I think...


Correct. I would just add that unless you have a direct connection, contacting the nearest local office of the Senior US Senator from your State is usually the best option among all your Congressional choices.



pushbrkMaleChina2011-03-29 07:30:00
K-1 Fiance(e) Visa Process & ProceduresCalling Congressman or Senator

Hey

Not sure if there's other posts like this on here, sorry if there is, but does calling the Congressman or Senator really speed up your case? we are 6 months and 1 week tomorrow and havent heard anything.. do you think its wise to call them? I emailed them last night but I dont know if emailing is the best way... maybe calling is better..

Thank you for your help :)



Once it's been over six months since filing a Congressperson can help. To do so, you'll probably need to actually sign something allowing their applicable assistant to contact USCIS in your behalf.


pushbrkMaleChina2011-03-29 02:55:00
K-1 Fiance(e) Visa Process & Proceduresincome

I am a W-2 employee making commissions. Thanks for your input.



No worries. Gross income is the ticket. The issue with commission only is that you can only estimate your current earnings rather than stating an annual salary or multiplying your hourly pay like other folks do. I recommend stating income at approximately what shows on line 22 of your most recent tax return. 2010 income and current income are not the same thing but in your case I think it's the best way to estimate it. I was in the exact situation some years ago when going through the process.


Another option would be to take your January through March income and multiply by 4. That way you could provide a YTD pay stub as documentation.

Edited by pushbrk, 30 March 2011 - 06:30 PM.

pushbrkMaleChina2011-03-30 18:28:00
K-1 Fiance(e) Visa Process & Proceduresincome

So what you are saying is that they won't be looking at the net income after write offs but the gross yearly income? 'Sigh of relief ' I think.... Thank you.


I thought what I said was quite clear. If you read the "ifs" and you are an employee claiming employee business expenses, then you have interpreted what I said correctly. If you are in business for yourself and file a schedule C, then you have misinterpreted what I wrote. Are you an "employee" or self employed?



pushbrkMaleChina2011-03-30 03:38:00
K-1 Fiance(e) Visa Process & Proceduresincome

What if you write off work expenses on your taxes? Do they look at the gross income or the net income after write offs? Thanks.



Gross income on your tax return will be found on line 22. If you are an employee claiming employee business expenses, that won't impact line 22. If self employed all your business expenses are subtracted above line 22. Employees state their current income as the gross pay.



pushbrkMaleChina2011-03-28 00:23:00
K-1 Fiance(e) Visa Process & Proceduresincome

is the income gross before taxes

.

Yes



pushbrkMaleChina2011-03-27 20:41:00
K-1 Fiance(e) Visa Process & ProceduresInteresting about I-134

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

http://travel.state....types_2994.html

I believe Ive read it was 125%.... lol



In order to avoid disappointment and needless delay, it's best to expect the 125% standard to be used when applying for a K visa.


pushbrkMaleChina2011-03-30 19:53:00
K-1 Fiance(e) Visa Process & ProceduresWhy can't the k-1 visa's be processed first come, first serve basis????
Often people confuse "fair" with "equal result". Don't fall into that trap. Petitions ARE processed according to when they were received but for many reasons, this process takes longer for some cases than others. If an "equal result" was the definition of "fair" for USCIS, they would never approve anybody's petition earlier than any other petition that has complications or is taking longer for any of many reasons. If they did this, we would have far more people screaming that it isn't fair for their clean petition with no problems to be held up waiting for others.

Yes, sometimes a batch of petitions or a single petition gets moved through the process ahead of some others. It's a big operation moving files around in a big government bureaucracy. It's not perfect. If you want an equal result, the process will be far less "fair".

High fraud countries sometimes take longer at more than one point in the process. It is prudent to be as thorough as practical. Lots of non-white intending immigrants are coming from high fraud countries. It is their country of origin, not their skin color that is impacting their process.
pushbrkMaleChina2011-03-30 20:15:00
K-1 Fiance(e) Visa Process & ProceduresG325A

It used to be one of those, 'press hard cause you are making 4 copies' carbon copy forms. But thats changed since they made them downloadable forms.


The first downloadable version also had four copies labeled for the separate departments, just as the press hard version. They've since corrected that mistake.



pushbrkMaleChina2011-03-31 05:34:00
K-1 Fiance(e) Visa Process & ProceduresG325A

i read somewhere online before that for the G-325A the package requires the original plus 3 copies each for each person. i know it seems crazy, but i did read it somewhere. so 4 for each person.


What you read was outdated. The form was updated some time ago. Just send the one page. No need to file a page of instructions.



pushbrkMaleChina2011-03-31 02:57:00
K-1 Fiance(e) Visa Process & ProceduresStuck on the G-325A

Hi all,

I'm stuck on the past employer portion. I just got out of the Active Duty Army, and have absolutely no clue what to enter for that field.
I know it's the DFAS address and information, but I don't know how it should entered. Anyone have any tip's for me on this?

I've got all of the other issues settled with my stolen passport, but now I'm stuck filling out the paperwork.


US Army, Fort Lewis, WA etc. Enter your rank as the occupation.



pushbrkMaleChina2011-03-31 23:28:00
K-1 Fiance(e) Visa Process & ProceduresHow long must passport be valid for?

Hi,

I'm going to copy my passport as my proof of US citizenship. It was issued in 2001 and expires in December this year.

When the form says "Copy of ALL pages of the US Citizen's passport issued with a validity of at least 5 years"--does that mean just that my passport lasted more than 5 years, or does it need to have five years REMAINING on it?

I was planning on renewing my passport after sending the application. I don't need to renew my passport first, do I? :(

Thanks so much!



Your passport was "issued with" a validity of at least 5 years. You're good to go.


pushbrkMaleChina2011-04-01 04:02:00
K-1 Fiance(e) Visa Process & ProceduresLETTER OF INTENT

Hey guys..
So i was again going through my stacks of papers that I sent to
file my petition.I notices that both letter of intent to get married once in US are
still in my damn folder...argghhhhhhhhhhhh :bonk: :bonk: :bonk:
Now here's my question..
If I do get an RFE and they actually ask for those letters that I mistakenly forgot to send
could i send those exact letters or do I need new ones with a fresh date of RFE? :( :(
Please help me as I am half way into the waiting time.lol
Should i be expecting an RFE?
Any answer and help would be appreciate it.
thank you in advance. :yes: :yes:
and am glad i found you guys.


Whatever you do, don't take the advice given from the USCIS misinformation line. Hold on to the letters until you get an RFE for them. Really! Trust me on this.!



pushbrkMaleChina2011-02-24 00:00:00
K-1 Fiance(e) Visa Process & ProceduresDo you need to be living and working in the USA to file the petition?

Hi, I'm really glad someone is talking about this...it has got me to thinking. On the I-129F I am using my USA address, but on the G-325A I have my current address as Thailand where I am currently living with my fiance until August. Will having a foreign address on the G-325A complicate things at all? Will they accept the petition?

Thank you, thank you, thank you,

Eric


If you are officially residing in Thailand with the applicable visa and/or status, fine. Otherwise you are "visiting" not "residing". Addresses you "visit" don't belong on any G325a forms.



pushbrkMaleChina2011-04-03 09:53:00
K-1 Fiance(e) Visa Process & ProceduresDo you need to be living and working in the USA to file the petition?

Great! Thanks for the info, everyone.

If I am "visiting" the UK is it still okay for me to be working here? I just don't want to run into trouble with any weird loopholes.

Thanks again! ^_^



That's between you and the UK.


pushbrkMaleChina2011-04-03 04:15:00
K-1 Fiance(e) Visa Process & ProceduresDo you need to be living and working in the USA to file the petition?

You could do what you suggest as long as you have an American address where the NOA1 and 2 can be sent. You can use your parents' address, especially if they are willing to be co-sponsors for the Affidavit of Support.


Correct. You would actually use your parents address as you current residence though. You are only visiting the UK. If you list your current address as foreign, they won't accept the petition.



pushbrkMaleChina2011-04-03 01:13:00
K-1 Fiance(e) Visa Process & ProceduresBoyfriend in Turkey

Hello, I am brand new to the visa process and I am very confused. My boyfriend lives in Turkey. He is a student and lives with his mother. I have been to Turkey to visit him, now I want him to come to the U.S. to visit me. What visa should he apply for? Eventually, we would like to marry in Turkey and live in the U.S. But I don't know what visa is the easiest to get. Any help is greatly appreciated.


If your plan is to marry in Turkey and live in the USA, then you don't have a boyfriend. You have a fiance. A fiance who is a student living with parents in Turkey has nearly no chance of obtaining a visa to visit you in the USA. For your plan, you marry in Turkey then follow the CR1 visa path. Click on the word "Guides" at the top of any page here and begin your extensive homework assignment.



pushbrkMaleChina2011-04-03 10:10:00
K-1 Fiance(e) Visa Process & ProceduresIf they get your passort they give you visa?

Do you mean possible reasons? Could be anything from them looking over the file one last time and seeing a problem, to a name check that is coming in late, to the supervisor saying no.

Do you mean your chances of getting the visa? More likely than not, but we do not know for sure until you have the passport back with visa.


All that plus we don't know which country or countries are involved, so any answer would be country specific as well. How about updating the profile to show country and visa category?



pushbrkMaleChina2011-04-03 09:50:00
K-1 Fiance(e) Visa Process & ProceduresIf they get your passort they give you visa?

How they will ket you know that you are rejected?


They would send the passport back with a denial letter instead of with the visa inside and a do not open envelope containing the case file.



pushbrkMaleChina2011-04-03 04:30:00
K-1 Fiance(e) Visa Process & ProceduresDual Interview!

well i spoke to a couple of ppl at my job that works for immigration and they said the stokes interview is for ppl that are married. and the reason ewhy they want the petitioner there is to see how we react with each other in the waiting room and to see if we are actually willing to travel on such short notice for the one we love. They also said they do ask questions but its basically regular questions UNLESS they think its fraud. which i doubt because they didnt even ask him any questions when he was there. and also i noticed that everyone who did the 129f in HAITI was called back. so ill just wait and see. i love my mr enough to be patient. and i will not hesitate to ask for a super visor if there are any problems.


People who "work for immigration" in the USA work for USCIS, and those interviews are ALL for married people. However, you are not dealing with USCIS. You're dealing with Consular people in Haiti, who definitely DO conduct "Stokes" type interviews with fiancee visa couples. You can do a lot more than hope for the best. You can prepare for a Stokes interview and then if it turns out not to be, you can be "thankful". If it IS a Stokes type interview, you'll be thankful you prepared instead of just hoped.



pushbrkMaleChina2011-03-30 00:02:00
K-1 Fiance(e) Visa Process & ProceduresDual Interview!

they cant ask those stuff we dont live together its a fiance visa



Yes, they can ask. If you don't know, you don't know but be consistently truthful, both of you.


pushbrkMaleChina2011-03-29 00:10:00
K-1 Fiance(e) Visa Process & ProceduresEmergency Interview
Since the petition is not yet approved, there could be no K1 interview. In the unfortunate circumstance of a serious complication with the pregnancy, birth or serious illness of either mother or child at or soon after birth, you might qualify for an emergency visitor visa. Otherwise, they just consider childbirth to be a normal part of life that happens whenever and wherever the parents are. Lot's of deployed US Military husbands remain deployed while their wives give birth. Only in case of a real emergency as described above would they get emergency leave. It's the same kind of thing.
pushbrkMaleChina2011-04-04 05:22:00
K-1 Fiance(e) Visa Process & ProceduresCan I use Texas Center instead of California?

As previously mentioned in this post, your application will get sent back to you and you will told to send it to the correct address. Just wait for it to come back to you and then send it off to Texas.


The I-129F is a petition, not an application for anything. It's possible it will be sent back but most likely, after some delay, the petition will be sent to the Dallas/Lewisville, TX Lock Box facility for intake and then assigned to Vermont. You'll know when you hear from them but the first indication may be that they cash your check.



pushbrkMaleChina2011-04-04 22:33:00
K-1 Fiance(e) Visa Process & ProceduresI-129F/K1/NZ Fiance/Docs Not Sent

Both holds no difference for me and both supports each other when looking for facts.


The big difference is that without primary evidence of meeting, your petition gets denied. Without evidence of relationship, you just present that evidence at the interview. No evidence of meeting, no petition approval, need for evidence of relationship or any visa interview. Complimentary, yes. One is required but the other is not, at petition filing.



pushbrkMaleChina2011-04-04 05:04:00