ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresA few questions...

With regards to the question about intent to work or study, my answer was

I plan to work once I've received the proper work authorization, and I plan to attend graduate school eventually. :)

Just be honest! :)



Works fine. I like simply, "To Be Determined" but really, the key is to treat questions as just questions. Interpret them literally and answer accurately and truthfully. I have this issue with my Chinese wife frequently. Usually she reads something extra into questions, when all I want is information. Keep it simple. Just answer the question.



pushbrkMaleChina2011-02-16 03:30:00
K-1 Fiance(e) Visa Process & ProceduresIn Time for Wedding?

Hello! I was just wondering if there is anyone who could offer me and my fiance some advice. We sent in our K-1 visa in September of 2010 (was received on the 13th) and are now past the 5 month average. I called on February 14th, and they said they were currently working on August 21st petitions. My fiance and I are becoming very anxious as we are planning an August 2011 wedding. We have spent thousands of dollars and have his family and friends coming from England to attend. As an educated guess, will we have the visa in time for our August wedding? Once approved in the states, typically how long does it take in the beneficiaries country to be schedule the medical and interview and be approved? We have enjoyed planning this wedding and cannot wait for our special day and would hate for it to be affected/ruined by not receiving the visa in time. Any advice would be greatly appreciated. Thank you very much!



Priorities are all mixed up here. There will be no wedding without the visa. The question is did you make a big mistake spending thousands of dollars (non-refundable?) and asking others to schedule time off work and incur travel expenses when the visa isn't in hand yet?

My best guess is you're timing is probably OK though. Hopefully your biggest problem will be delaying the use of the visa so that the wedding date is within the 90 days from entry.


pushbrkMaleChina2011-02-21 02:51:00
K-1 Fiance(e) Visa Process & Proceduresis it mandatory to get engaged for K1 visa

The OP has listed India as the beneficiary's country, so Bec_Dipu's comment was probably relevant to the OP's question.

In addition, in India and other countries where a traditional engagement ceremony is a cultural imperative, it's usually strongly advisable to have the engagement ceremony before sending the petition, and not simply before the interview, and to provide evidence of the ceremony with the petition package. In many of these countries, you aren't considered by the community to be engaged until you've had this ceremony, and the consulate may presume that the petition was filed prematurely if the couple was not formally engaged beforehand. They use things like this as evidence that the relationship is a sham for the purpose of evading immigration law because it doesn't conform to local cultural and traditional norms.



All true but if the couple otherwise qualifies to file the petition, I wouldn't delay filing until another trip can be scheduled to hold an engagement ceremony, provide one can be held before the interview. If it were Vietnam, I might have a different recommendation.

Aside, you would think the Consulates in India would get tired of having their cases reaffirmed and sent back to them when denied over such trivial matters. That's why they have senior people review things before they go back.


Edited by pushbrk, 23 February 2011 - 03:25 AM.

pushbrkMaleChina2011-02-23 03:24:00
K-1 Fiance(e) Visa Process & Proceduresis it mandatory to get engaged for K1 visa

I've read a lot of India consulate reviews and a lot of people have been thrown into additional review because they didn't show evidence of an engagement party. I've even read some stories of people having their parents called to confirm that it's OK for them to marry and asking for a guest list with names and numbers that the consulate can call. I don't know if they only do this for Indian/Indian couples or for Indian/non-Indian couples (like my fiance and myself) too.

I know that culturally, engagement parties and parental approval are significant marriage aspects in India but from an American, non-Indian perspective, I think it's a bunch of BS. If two grown adults want to get married, it's no one's business, least of all a goverment office, whtehter their parents approve or not or what people on the guest list think. But, in the end, the consulate isn't going to care what I think so just be prepared! Look at the timelines of other Indian profiles and read the stories of how their interview processes went or look at the Indian consulate reviews.

Just be prepared, if you're not able to show evidence of a real engagement and actual intent to marry, you may have trouble during your interview.




India isn't the rest of the world. The hard requirement for filing a petition and qualifying for a visa is the agreement and intent to marry. For India, it's a very good idea to have any traditional engagement party or ceremony prior to the visa interview.


pushbrkMaleChina2011-02-22 19:19:00
K-1 Fiance(e) Visa Process & ProceduresWhere do we file our application?

I see that the address on the instruction form for the I-129F has changed from Vermont to Lewisville, TX. My fiance (US citizen) is a member of the military and we intend
to live in Louisiana after his deployment. Are all the petitions being sent to Texas now? And the fee is now $340 right?


You'll be filing a petition to a lock box facility that will do intake. Then the petition (not application) will be sent to Vermont or California to be adjudicated.



pushbrkMaleChina2011-02-23 04:28:00
K-1 Fiance(e) Visa Process & Procedures2 very quick and very urgent questions

I have. The kicker is in the word "consider" as in HOW it is considered. There are many factors involved, as in "totality of circumstances". If the supposedly "qualified sponsor" is your 80 year old Mother, using the equity in her primary home to qualify as sponsor, would you not expect a Consular officer to consider liquidating that home to unduly harm the sponsor or their family? That's just one example. That they won't count your only car, uses the same principle. The totality of the circumstances will rule the day when a Consular officer decides HOW to consider equity in the family home as a "liquid" asset.

Somebody mentioned a home equity line of credit to show liquidity. If you lose your job tomorrow, you line of credit could be pulled, and/or you could default on the line of credit and lose your home. No, a line of credit is not considered "liquidity" in this context.


In an opposite example, somebody who is temporarily underemployed with a good earning history, may have a long list of assets including home equity. When they are deemed "qualified" you'll never know HOW their home equity was actually considered. It's a judgment call. Equity in the primary residence is a good thing, but not "liquid" in many cases. It depends on the circumstance.

Say you are a family of two living in say Denton Texas with $650,000 equity in a primary residence as your only asset. That would be liquid, in that you could sell the expensive house, buy a new smaller one and have maybe a couple hundred grand in cash. Everything is relative. Circumstances matter.



pushbrkMaleChina2011-02-23 19:32:00
K-1 Fiance(e) Visa Process & Procedures2 very quick and very urgent questions

We discussed this in another conversation. The kind of evidence you're talking about is required at the interview. I'm not aware of any consulate that requires or even suggests you submit this type of evidence in response to packet 3.



I'm curious about this. I've read the I-864 instructions numerous times, and they seem to clearly indicate that you can declare the equity in your "primary residence" as an asset. The I-864 instructions specifically use the term "your home". A house you own but don't live in would not be "your home". The instructions also specifically say you can't declare your only car as an asset, but they don't state this qualifier for your home.

Have you seen USCIS or a US consulate refuse to consider the equity in a home if it was the sponsor's primary residence?


I have. The kicker is in the word "consider" as in HOW it is considered. There are many factors involved, as in "totality of circumstances". If the supposedly "qualified sponsor" is your 80 year old Mother, using the equity in her primary home to qualify as sponsor, would you not expect a Consular officer to consider liquidating that home to unduly harm the sponsor or their family? That's just one example. That they won't count your only car, uses the same principle. The totality of the circumstances will rule the day when a Consular officer decides HOW to consider equity in the family home as a "liquid" asset.

Somebody mentioned a home equity line of credit to show liquidity. If you lose your job tomorrow, you line of credit could be pulled, and/or you could default on the line of credit and lose your home. No, a line of credit is not considered "liquidity" in this context.



pushbrkMaleChina2011-02-23 19:22:00
K-1 Fiance(e) Visa Process & Procedures2 very quick and very urgent questions

With respect to "other assets" Does a house that is being purchased under mortgage count towards assets? or does the US Gov't see that house as being owned by the bank?



In such a case, the "asset" would be the difference between what you can sell the house for and what you owe, or the "equity". If it's your primary residence, it's not going to be considered "liquid". Read the I-864 instructions with regard to using assets.


pushbrkMaleChina2011-02-23 08:44:00
K-1 Fiance(e) Visa Process & Procedures2 very quick and very urgent questions

see what got me confused is,i talked to an airforce member in the beginning of the process here,and he told me that the way they calculate being over or under guidelines is different for active duty military members.according to him it was not calculated with adjusted gross income.



It's total income from a 1040 or adjusted gross from the 1040EZ but military members can include certain allowances that may not be taxable. I'm not sure of the details but "taxable income" is not the number.


pushbrkMaleChina2011-02-23 04:58:00
K-1 Fiance(e) Visa Process & ProceduresWhat does relatively fast mean?

Well I would just like to thank everyone here for all the good advice. I have been printing the guides and reading them and there is a lot I don't understand but I think I'm starting to get it.

I do have one question right now though, what is a "high fraud country?" It sounds like something I want to avoid lol. Is there a list somewhere of which countries are high fraud and which ones are not? Thanks everyone and I hope you all had a great president's day!



There's not a list but you can figure out which countries are poorer, and from which people are more tempted to commit fraud (marriage or visa) to get to the USA. Many of the more popular places to look for a mate, are medium or high fraud countries. The ones that tend to take extra time are the Middle East and North African countries. One of the easiest is Ukraine. The Philippines is also quite popular as is China. Vietnam is a difficult place to get a visa. Thailand, for a fiancee is pretty easy but for a spouse pretty hard.

Why not see where you internet dating takes you and figure it out from there. Again, the best way to get scammed is to use a marriage broker or a tour. Internet dating through dating websites is pretty straight forward once you learn to navigate the site or sites.


pushbrkMaleChina2011-02-21 23:49:00
K-1 Fiance(e) Visa Process & ProceduresWhat does relatively fast mean?

Well I was looking at the Phillipines and Russia, but I don't know. What countries are supposed to be faster for marriage immigration visas?


None are supposed to be faster but some are. The difference is not much and is unpredictable. I suggest you deal with finding the woman and learning the basics, instead of fine tuning your "search" to save a few weeks. Again, this is not a dating advice message board.

The poorer the country, the higher the level of fraud, in general, so the "harder" it is to get a spouse or fiancee visa.



pushbrkMaleChina2011-02-21 08:47:00
K-1 Fiance(e) Visa Process & ProceduresWhat does relatively fast mean?

THank you Gary and nice to meet you. As I told the other gentleman I'm no spring chicken, I know what the dictionary meaning of "relatively fast" is lol. Wow first I thought I would have to wait 2 years and now you're saying I might have to wait 10 years? Holy cow I'm all sorts of confused now!


You would be involved in a "family based" visa process. Months, not years.



pushbrkMaleChina2011-02-21 08:37:00
K-1 Fiance(e) Visa Process & ProceduresWhat does relatively fast mean?

Mel, (can I call you Mel?)

If speed is what you're looking for then some countries are faster (&easier) than others. Where have you been looking so far?



Such a discussion here would be entirely off-topic. This is not an internet dating discussion forum and we're not here to facilitate matchmaking. It's about immigration to the USA. Please let the man do his own dating. If he has immigration questions, he knows where to come ask them.


pushbrkMaleChina2011-02-21 05:57:00
K-1 Fiance(e) Visa Process & ProceduresWhat does relatively fast mean?

Hi Kathryn41 thanks alot for your advice I sure don't mean to ruffle anyone's feathrs. I guess I just don't understand enough about the process yet to know what I'm talking about and maybe I said something out of turn. I'll be dipped if I can figure out what that was though lol. ANyway everyone, just bear with me a spell and I'll start getting this all figured out. I already printed up some guides and been reading them.



People overreacted to the phrase, "still looking at the catalog" as if you were wanting to buy a wife. No worries. One of the dynamics of the group is that for some reason the many in the minority, don't realize the majority actually first became acquainted with their loved ones through technology, not by accident. Both groups consider their relationships to be genuine, though some are actually being scammed and just don't know it.

When you come in talking like you want to buy a mail order bride, it ruffles feathers.


Edited by pushbrk, 19 February 2011 - 11:46 PM.

pushbrkMaleChina2011-02-19 23:43:00
K-1 Fiance(e) Visa Process & ProceduresWhat does relatively fast mean?

I can't find my other thread anymore I think I accidentally did something wrong or something, but anyway I understand that now sorry this is all really complicated and I'm really learning alot. Hope you guys will all be patient with me until I get my sea legs under me lol. Thanks for everyone's help so far!



That's good. If you're truly "looking at a catalog" then buyer beware. If, on the other hand, you're simply using a metaphor to indicate you, like many of us were, are in the early stages of internet dating through a dating website, then join the club. It's good that you now know there's a months long process to get either a fiancee or spouse to the USA from abroad and there are expenses and fees. At this point, that and that you need to financially qualify at above 125% of the poverty level to qualify to sponsor a fiancee or spouse, is about all you need until you actually have an ongoing relationship and are planning a visit with a marriage proposal as part of your agenda.

Edited by pushbrk, 19 February 2011 - 06:09 PM.

pushbrkMaleChina2011-02-19 18:08:00
K-1 Fiance(e) Visa Process & ProceduresWhat does relatively fast mean?

Hey all, Melvin here again with a dumb question. Sorry if it's already somewhere in a guide but I didn't see it. In the guide it says

"Relatively" fast process. As fast or quicker than K-3 and/or IR1 / CR-1 Visas (which are only available to married couples)

What does this mean? As I understand I have to know my woman for 2 years first and that doesn't seem like a fast process to me, even "relatively." Does this mean it starts from the end of 2 years? How fast is "fast"?

Thanks everyone and have a great Saturday!


You were already told in your other thread that if you're reading "met in person within the two years prior to filing" and understanding, "I have to know the woman for two years first" you aren't reading carefully enough and are not interpreting literally.

Folks, let's knock off the judgmental #######. Ok?



pushbrkMaleChina2011-02-19 17:43:00
K-1 Fiance(e) Visa Process & ProceduresVisa Validity

:lol:

You're so linear.


As does the immigration process tend to be as well as immigration officials.



pushbrkMaleChina2011-02-24 20:41:00
K-1 Fiance(e) Visa Process & ProceduresVisa Validity

The visa should state that it is valid for 6 months from date of issuance.



The visa will state nothing of the kind. It will simply bear an issue date and an expiration date. In many cases those dates are less than six months apart, almost always less through Manila. The visa is valid for one entry prior to the expiration date. It's never been clear to me whether entry ON the expiration date is allowed. I wouldn't chance it.


pushbrkMaleChina2011-02-23 22:51:00
K-1 Fiance(e) Visa Process & ProceduresINTERVIEW (K1 &K2)

I'm not trying to interchange the terms. I guess I should not have used the term "petition" until it's said and done by the OP. My bad!



Right, you read "apply" and thought "petition" because your brain is still interchanging the terms. They are not interchangeable. This causes a lot of confusion.

The US Citizen "petitions" and the foreigner "applies". For a six year old their parent would do the actual "applying" in their behalf.


pushbrkMaleChina2011-02-20 22:32:00
K-1 Fiance(e) Visa Process & ProceduresINTERVIEW (K1 &K2)

Yes, I know that. That's why I was confused when OP mentioned about filing a petition for him in Manila, which I thought her kid.


But she didn't. She said "apply for him in Manila". Filing a petition is not the same as applying for a visa. They are separate actions that occur months apart in different countries with different US Government agencies. Don't interchange the terms.



pushbrkMaleChina2011-02-20 20:57:00
K-1 Fiance(e) Visa Process & ProceduresINTERVIEW (K1 &K2)

Your thread says interview for K1 & K2. Meaning that you already filed the petition for your kids.

You also stated above that you now understand a bit more and that you will may be applying for him in Manila.

I'm a little bit lost. :blink:

If your kids are in the Philippines (as you mentioned above), they will then have their interview at the US Embassy in Manila and that the visa payment must be done at one of the BPI branch near you.

Not during the interview but BEFORE!


There is no separate petition for children in a K1/K2 case. One petition with the children listed, then separate visa applications, medical exams and visa application fees. Fees are paid in advance of the interview IN the country where the interview will take place. Certainly, the OP has the option of having all the medicals and interviews together in Manila. On the original petition, which consulate was shown as the one where you would apply for a visa?



pushbrkMaleChina2011-02-20 18:25:00
K-1 Fiance(e) Visa Process & ProceduresINTERVIEW (K1 &K2)
Sounds like you've got a mess on your hands. Yes, your children need medical exams and must appear at a Consulate with their passports in order to obtain visas. Since they aren't with you, I suggest you obtain your visa and ask at the Dubai Consulate, just what you'll need to do to have the children interview and obtain visas in Manila. This means you'll need to delay your entry to the USA until they have their visas, or they'll need to stay behind until you get to the USA, marry, file to adjust status and obtain Advance Parole or a Green Card. If they stay behind, then you are arranging a "follow to join", so the case file will need to go to Manila. Best to ask directly at the Consulate for how to best do this.


pushbrkMaleChina2011-02-20 08:46:00
K-1 Fiance(e) Visa Process & Proceduresi129f approved in less than 1 month???

Does the NOA2 get sent automatically to the NVC (Manila?) I'm way behind the research curve. I thought I'd have 5 months to prepare for the next step.


NOA2 is a notice of action. It's sent only to you. Your case file will pass through NVC on its way to Manila.



pushbrkMaleChina2011-02-17 21:03:00
K-1 Fiance(e) Visa Process & ProceduresK1 Sponsor question

**COOL! think I will be able to cover them :) Thank you.


Count on Manila using the 125% standard even for the I-134.



pushbrkMaleChina2011-02-26 05:09:00
K-1 Fiance(e) Visa Process & ProceduresUS Passport expire on July 2013

Yes you can its got an issue date of more than 5 years.

The only time you have to be clear of the expiration date is when you need to renew it or when you are traveling internationally they sometimes require a certain amount of validity left on the passport to travel with it.


Issued with a validity of more than five years refers to the total time the passport will be valid from issue to expiration, not how much of that time is left. In short, they want the US Citizen's passport to have been issued to an adult instead of a child. US Passports issued to children have only a 5 year validity from issue to expiration.

Edited by pushbrk, 26 February 2011 - 07:04 AM.

pushbrkMaleChina2011-02-26 07:03:00
K-1 Fiance(e) Visa Process & Proceduresfiancee as secondary sponsor before, now as my primary sponsor

oh yeah,, silly question of mine..

can i ask more, if he did not filled in the previous affidavit of support his brother, is this will make us 4household size? or his brother still counted that makes it 5 household size?



You said he sponsored two people. He did not sponsor his brother, so his brother doesn't count. We need to hear from Jake. Ok?


pushbrkMaleChina2011-02-26 05:59:00
K-1 Fiance(e) Visa Process & Proceduresfiancee as secondary sponsor before, now as my primary sponsor

yeah, that makes sense to me now..
can i ask again if where can my fiance get advice with regards to this matter? thanks


Right here where you're getting it, my dear.



pushbrkMaleChina2011-02-26 05:45:00
K-1 Fiance(e) Visa Process & Proceduresfiancee as secondary sponsor before, now as my primary sponsor

yes.. he was a co sponsor for his brother's wife and their daughter, BUT THE BROTHER is a GREEN card holder, not yet a citizen..

do you think it will count? if yes, then we might be needed a co sponsor.. can his cousin can be his co sponsor? any suggestion.. thanks


Unless he sponsored his brother, don't count the brother. Again, Manila often does NOT accept cosponsors in K visa cases. You'll want to include an explanation that indicates who was sponsored and that your petitioner and primary sponsor was just the joint sponsor, not the primary sponsor. I would also include evidence of the brother's ability to support his family.

Financial (public charge) considerations are a subjective decision, not a goal line you cross or don't cross. I suggest you have your fiance get advice directly. This is the US Citizen's responsibility and they$9 will have a better understanding of their "gross income" and other related issues. It's always more difficult to try to work through sponsorship issues with the foreigner than with the actual sponsor.

It's sometimes very difficult for the US Citizen too. I recently had a conversation that went like this.

What is your hourly pay?

$9.50

How many hours a week do you work?

I work from 8:30 to 4.

Again, how many hours a week do you work?

35 hours.

Then, your income is too low. Please fax me a pay stub.

Ok.

Pay stub indicates the hourly rate is more than $15.00 an hour and the petitioner easily qualifies as the sponsor for a two-person household. Even the net pay in this case was far over $9.50

Get your fiancee here to ask his own questions. Ok?




Edited by pushbrk, 26 February 2011 - 05:31 AM.

pushbrkMaleChina2011-02-26 05:27:00
K-1 Fiance(e) Visa Process & Proceduresfiancee as secondary sponsor before, now as my primary sponsor

hello Penguin_ie

my fince was a CO-sponsor of his brother. i think he filled in the form also.. he sponsored 2 person, his niece and her sister in law.. that makes us 4 right? so as of 2011, he needs minimum of 27,937..

but his annual is 26+... do we need a co sponsor?


A little language problem here. Sounds like he acted as cosponsor for his brother's wife and step daughter and the brother is a citizen, so doesn't count. 26+ is less than 27.9 +, so he probably does need a cosponsor. He might get by in a pinch if he includes a letter of explanation for the previous affidavits of support. This may well be critical as Manila often refuses to accept cosponsors in K visa cases.

Edited by pushbrk, 26 February 2011 - 05:08 AM.

pushbrkMaleChina2011-02-26 05:06:00
K-1 Fiance(e) Visa Process & Proceduresfiancee as secondary sponsor before, now as my primary sponsor

We are worried because my fiance was a secondary sponsor of his brother.. (his niece and sister in law last year). and now he has to file affidavit of support for me. will this have an effect on us? how about for the poverty level? how much will he needed to support me? thanks...


feel free to move this post.. im sorry if im at the wrong forum.. thanks


He will be naming all persons he previously submitted an affidavit of support for. The will count in his "household size" when the Consulate calculates it, so his income will need to be sufficient for the two of you, plus any children he has, plus each person he submitted an affidavit of support for previously.



pushbrkMaleChina2011-02-26 04:32:00
K-1 Fiance(e) Visa Process & ProceduresK1 PETITIONER FILING INCOME TAX

If you weren't married at the end of the tax year you can't file as married.

Since you will get married in 2011 you will be able to file married for 2011 but not for 2010.


Exactly correct. Previous advice to file after marriage was wrong.



pushbrkMaleChina2011-02-25 18:53:00
K-1 Fiance(e) Visa Process & ProceduresA few easy K1 questions.... arghhh nothing is easy!!

The divorce decree, annulment, or death certificate is all that is required to prove legal termination of previous marriages.


There is no standardized requirement. The most common convention that I've seen is LAST/SURNAME in all caps and everything else using standard upper/lower case.


Don't read into the question, if they don't ask for the maiden name then they don't want the maiden name. What is her name now?


No, it is not asking for your birth certificate number. N/A would be the appropriate answer here.


You really can leave section E blank if you've filled out the form for yourself. If you're paranoid though (been there), you can go ahead and put "N/A" in the blanks. Everything else should have an "N/A" or "none" as is appropriate.



It means you. You can go ahead and fill out a G-1145 for her also, the worse that will happen is they might ignore it since she's not the petitioner.



Neat/legible handwritten print in BLACK INK is perfectly acceptable.

George


Women who change names at marriage, sometimes need to include a marriage certificate to document a name change.
I recommend family names and country names be in all caps.
They actually do want the maiden name on both forms but there's no penalty if you do it wrong.
You are the "petitioner". The foreigner is the "beneficiary".



pushbrkMaleChina2011-02-24 05:49:00
K-1 Fiance(e) Visa Process & ProceduresK-1 financial sponsorship

Hello All,

I am planning on bringing my fiance to the US on the k-1 visa. But since I am still in school and don't have enough money in my account my parents are also going to be signing the financial sponsorship form. My question on this form is:

1. How long is the K-1 financial sponsorship form effective?
2. Is it effective even after our marriage?

I just want to clarify things before we sign papers and make it official.

Thank you for all of your help.

Maya


There are two questions here plus a misunderstanding. Dan's answers to the questions were accurate but he didn't address the misunderstanding.

K1 is a visa, so the affidavit of support used to get it, is first, not legally binding and second, effective until adjustment of status (occurs after marriage) is complete.

Dan added that the legally binding and open ended I-864 used to adjust status was the more permanent and meaningful affidavit.

The misunderstanding is that the "parents" will not provide an affidavit. One parent can act as a cosponsor, so pick the one with the qualifying income.

If the OP currently understands too little about the process to be confused by Dan's answer, I suggest it's time to study the guides and learn the process. Nobody is here to spoon feed anybody.

The OP also needs to complete their profile. For example if the fiancee is from the Philippines, he needs to know that Manila often rejects the idea of a cosponsor for a K visa.



Edited by pushbrk, 27 February 2011 - 06:07 AM.

pushbrkMaleChina2011-02-27 06:06:00
K-1 Fiance(e) Visa Process & ProceduresIn what order are applications processed???

I think your reply was directed at the wrong person, as I don't believe in the "conspiracy", "USCIS is feeding us lies" and the "they don't care about us" arguments. In fact, my post was laughing at some of the outrageous claims I've seen floating out on the forums.


My reply is directed to the readers of the thread, not to a specific poster. Threads are public conversations, like we're all in the same room hearing the discussion.



pushbrkMaleChina2011-01-21 22:25:00
K-1 Fiance(e) Visa Process & ProceduresIn what order are applications processed???

What's not cool about it? It's not what I think. It just sounds as silly as the 'conspiracy' and 'they don't care about us at all' arguements!

(Hey, if you can't laugh at silly things while in this process, you gotta loosen up!) :)


These government workers are doing a job and following a process. While they may "care", they can't be personally invested in any of the individual cases. I think the issue that causes the most confusion is the misconception that "processing" a case is like "eating a raisin" or inspecting an apple. Instead, it's a multiple step process that can introduce delays at any and all steps. So, when two cases are consecutive on a stack on a given person's desk, one may take significantly longer than another and some need to go to somebody else's desk for one or more steps of the process. This kind of thing introduces additional delay. They process in order but they do not hold back the processing of any case so they can "approve", deny or reject the cases in order.

If your case is taking longer than somebody else's at the same service center, there's a reason. It may or may not be a good reason but it's certainly not a conspiracy.



pushbrkMaleChina2011-01-21 18:04:00
K-1 Fiance(e) Visa Process & ProceduresIn what order are applications processed???

When they receive your application, it gets packed into a file folder. The file folders are put in boxes. The boxes are put on shelves in roughly chronological order. The boxes sit on the shelves. When an adjudicator finishes a box of files, he goes to the shelves and takes the next box. So the cases are processed in roughly the order they are received, plus or minus a random factor of a several weeks or so depending on how fast the box got filled and put on the shelf, whether or not other boxes of the same arrival time ended up ahead of it, how fast adjudicator gets through his boxes and where in the box your case ended up.

Complicating this is the additional factor that the service center management will move adjudicators from one case type to another if a backlog has built up between the different types of boxes.

So yeah, figure they're handled chronologically plus or minus a random factor of a few weeks, plus or minus a random factor of a month or so depending on the current processing priority at the service center. Chronologically +/- a few days +/- a few weeks +/- another few weeks. So individual timelines are pretty unpredictable, but cases filed at the same time end up being processed within a few weeks of each other, overall.



Pretty please, stop calling petitions applications. It confuses people to no end. Otherwise, great description of the process. One thing I would add is that all petitions are not created equal and the adjudication process has more than one step with some petitions either getting delayed between steps or requiring extra steps. So, not all petitions in a given "box" or stack are approved the same day. Some may take several days to several weeks longer once the box comes of the shelf. It would be accurate to say that a rough chronological order applies to when adjudication begins but a rougher connection to when adjudication is completed.


pushbrkMaleChina2011-01-20 17:35:00
K-1 Fiance(e) Visa Process & ProceduresG-325A - No Father, Help Please!

You're missing the point -- it has nothing to do with her having some psychological angst against a father that was never there so she doesn't want him listed. She has already filed and successfully gotten a J-1 visa in the past which is how we met (but then she had to go back). On that visa she was told that "N/A" in her situation was what was recommended. The issue isn't whether the father is known --- it's that no where on ANY of her government documents (birth certificate included) does it mention she has a father. The birth certificate and subsequent documents has only her mother listed. However, she does know him but the government doesn't recognize her as officially having a father.

So she was told to put "N/A" on those visa documents. So when someone reviews the paperwork, if they saw a Father's name but it's not on the birth certificate, it delays us as they ask for an explanation.

Hence why "UNKNOWN" is a lie -- she does know. And putting his name only causes confusion. The recommendation then (for her original visa) was put "N/A", attach a birth certificate and letter of explanation. I was just curious if it would be the same for this visa.

My subsequent replies were not being stubborn, it was ensuring that I was clear with the situation and that I understood the feedback properly. Thank you for your feedback it is appreciated.


Then you're missing my point. I'm telling you the earlier recommendation of N/A was a poor one. I don't know where she got the recommendation but it was not for a petition based visa. On a G325a form submitted with a petition for a visa, the question is applicable and she certainly has a father. You provide the information that IS known. You only indicate Unknown for information that is unknown. If she knows, his name, date of birth, place of birth and current city and country of residence then everything asked is both applicable AND known.

Hint: They don't ask questions they think are not applicable. Parents' names ARE applicable in petition based cases for multiple reasons.



pushbrkMaleChina2011-01-24 21:59:00
K-1 Fiance(e) Visa Process & ProceduresG-325A - No Father, Help Please!

The problem is he is known.. He's just not applicable because he's not in the picture nor has he ever been (hence the N/A instead of unknown). I don't want to lie and say unknown but will N/A not suffice?


I get that you don't like the answers you've been given but they are correct. The question is applicable, so do NOT answer with N/A. Provide the information you have and if something is unknown, enter "unknown". If you want a visa, you provide the information asked for. Don't tell them their questions are N/A when they ARE applicable.

N/A is used, for example, when asked for name of former spouse. If NONE, then their place of birth is N/A. Everybody has a father. The question is applicable. Get over the stubborn streak and answer the questions the forms ask. Do it and get on with your lives.

My parents divorced when I was young. I don't remember ever seeing my father. He wasn't in the picture. But, by the time I filed a petition for my spouse, I knew the information asked for on the G325a including the year he died. (When asked for place of current residence for a deceased person, you answer "Deceased" and the year, if known.) If I only knew his name or name and place of birth, I would have entered what I knew and unknown for what I didn't know.



Edited by pushbrk, 24 January 2011 - 07:53 PM.

pushbrkMaleChina2011-01-24 19:50:00
K-1 Fiance(e) Visa Process & ProceduresG-325A - No Father, Help Please!

My fiancee's father isn't in the picture at all nor is he on her birth certificate. However, if I put N/A next to Father on the G-325A, would that look suspicious? Should I attach a letter from her stating that "my father has never been in my life and is not on my birth certificate"? She got a temporary work visa when she was here as an au pair without trouble, but I want everything to be perfect.

Thanks!


N/A means "not applicable". The question is certainly applicable. Enter the information you know and "unknown" only for what is actually unknown. Don't lie on an immigration form.



pushbrkMaleChina2011-01-20 01:22:00
K-1 Fiance(e) Visa Process & ProceduresHow soon can they accept my 2010 income tax?!

I am self employed. My 2009 income did not meet the poverty line requirements but my 2010 income is above. I have already filed my 1099 1044 2010 income tax return as soon as I was able to and I have everything ready for my fiance interview on January 28th 2011. My question is, how soon will they consider my 2010 income tax to be my current income? I read here that somewhere closer to the month of April will be considered for 2010. If that's the case, should I just wait and reschedule our interview? Our k-1 is good till march 28. :( help me!


If you've filed your 2010 tax return then it is the most recent tax return, period.



pushbrkMaleChina2011-01-23 19:49:00