ForumTitleContentMemberSexCountryDate/Time
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
K-1 Fiance(e) Visa Process & ProceduresPhotos with G-325a

Thanks again Pushbrk!

And thanks to Saylin for the website idea...I'll have to try that when it comes time for pics for the consulate :thumbs:

You guys are the greatest... (L)




Just as a point of clarity, the passport photos have zero to do with the G325a. They are required as a part of all petition packages. The Guides here simply mention putting them in the stack behind the G325a because that's the order they are listed in the requirements.


pushbrkMaleChina2011-01-26 19:44:00
K-1 Fiance(e) Visa Process & ProceduresPhotos with G-325a

; Incorrect? The American Consulate told me that it has to be 5cmx5cm... :whistle:



For the Consulate, the size must be correct. 2" X 2" is equal to 5cm X 5cm. USCIS will accept the smaller or larger rectangular photos with the petition though. The correct size is needed for the medical and interview.

pushbrkMaleChina2011-01-25 20:18:00
K-1 Fiance(e) Visa Process & ProceduresPhotos with G-325a

I looked around VJ and there doesn't seem to be a set answer on this...so I'll just ask it again!

For the G-325a, my fiance's passport photos are "US style" but they are definitely smaller than US (not 2x2).

Does this really matter?

I just doubt there is a place in Mali that can do them bigger and I'm no longer there so it seems too late anyway. He can't send things by mail because they RARELY get here.

Am I stressing out over nothing?!


You've gotten multiple incorrect answers. USCIS is not picky about the size at petition time but she'll need several in the correct size for the medical and interview. You can submit the petition with the ones you have and they'll be accepted. No worries.



pushbrkMaleChina2011-01-23 16:18:00
K-1 Fiance(e) Visa Process & ProceduresK1 and F1 fiasco ... fiance got accepted to a university

Can she defer her acceptance? She may receive cheaper tuition as a non-international student.

Plus, planning on entering on a non-immigrant visa such as an F1 with full intentions of immigrating is visa fraud. I'd stay away from this if possible

Check with the school, may programs offer deferred enrollment

Good luck


The above would be my advice as well.



pushbrkMaleChina2011-01-11 10:43:00
K-1 Fiance(e) Visa Process & Procedureshow long it take to expire the Fiancée visa

my friend have 4 months to finish her work she will get her visa by next month. they want to go in USA by August. is this ok? how long it will take to expire her visa if she get it by next month?



For Manila, the visa will expire six months from the date of the medical exam, so use that as your guide. You could always delay the interview, if needed.


pushbrkMaleChina2011-01-26 22:18:00
K-1 Fiance(e) Visa Process & ProceduresI29F Fiance Visa Criminal Record Question

The general rule is that failure to disclose a no-no, even if the no-no is a minor thing that won't matter, would cause you more trouble than the no-no itself.

It is always best to seek the advice of an immigration lawyer. The cost of a professional consultation is well worth the trouble you can avoid as a result.


Did you read the answers already given? Do you even have a clue. A single controlled substance conviction for the US Citizen is a non-issue. Stop muddying the waters.



pushbrkMaleChina2011-01-27 03:19:00
K-1 Fiance(e) Visa Process & ProceduresHow long will I need to go home?

My boyfriend and I have been together for a year. We've had short visits in the past, but I am now staying with him temporarily (I'm from Canada, he's in Oregon).

I've been here for almost 2 months now. I know that the maximum amount of time you can be in the US (on a simple visit without any kind of visa) is 6 months. If we want to start the process of paperwork, marriage, etc, how long would we have to be apart? What I mean is, can the process only start once I'm home, because it would involve him applying for me to get a Fiancée Visa? So we're looking at up to 5 months of having to be apart while we wait for the K-1 visa?

If we got married here, would getting some kind of Spousal Visa keep us apart for less time than waiting for a Fiancee Visa?


You'll be apart as long as you're apart. Either process can start while you're here but as you've indicated you are aware, there's a limit to how much time you can visit the USA. How long the process takes depends on a number of factors. If you're in Western Canada, the fiancee visa will be faster by months than if you're in the East.

Click on the word "Guides" at the top of any page here and start doing your homework. This is serious business particularly if you DO it YOURSELF.



pushbrkMaleChina2011-01-27 01:59:00
K-1 Fiance(e) Visa Process & ProceduresK1 Fiancee Visa From China Taking 8 Months Instead of 6 Months Now?

Your service center depends on what state you live in.

Right now, depending on the service center you're at, just getting an approval of your I-129F can take 5-6 months. After that, consider two weeks to a month to get from the service center to NVC and then to the embassy in your fiance(e)'s country. Then time for them to gather and return the paperwork for 'packet 3' and get an interview (varies by country), plus a week or two to get the visa itself once approved.

So, 8 months isn't actually too far off of an estimate.
In general, don't make any plans assuming it will be x-number of months.


Good explanation. I think six months for China would have been optimistic a year ago and eight months is optimistic now. Eight months is certainly possible but only if everything goes smoothly and there are no delays. Better to plan on ten months and be happy if it's faster.

China has a separate delay between leaving NVC and the interview in Guangzhou, so not directly comparable to timelines from other countries.



pushbrkMaleChina2011-01-26 21:56:00
K-1 Fiance(e) Visa Process & ProceduresDid someone get a RFE for having the wrong address in the cover letter and intent to marry letter

Is the following address the right address for the cover letter and intent to marry letter???
USCIS: 2501 South State Highway 121 Business Suite 400 Lewisville, TX 75067.

We already printed the letters with that address and we have everything ready to send the package, we are only waiting for my fiance's birth certificate to do it.
and really we won't want to print anything again.
Did someone get a RFE for having the wrong address in the cover letter and intent to marry letter? Or this will be a big issue? I am the beneficiary. Thanks!!




The USCIS address on none of the internal documents is important. What's important is that you send the documents to the correct Texas address. Do NOT send them directly to a service center. That will just delay your process. I would address the package to the PO box though and mail it using Priority Mail with Delivery Confirmation. If you're mailing from abroad, then use the Courier address and a courier service like FedEx or DHL.


pushbrkMaleChina2011-01-27 20:50:00
K-1 Fiance(e) Visa Process & ProceduresA couple quick questions

I have a couple questions about the forms and what exactly the petitioner and beneficiary should sign.

1. Should the petitioner and beneficiary both sign the I-129F cover letter, or is it alright for just the petitioner (me) to sign it?

2. For the actual I-129F form, does your beneficiary have to sign anything at all? I was only going to sign the form, but I am also submitting it with an extra page as the I-129F Supplement for Part B: Q18 (Have we met & seen). I have 4 dates on there about when we have gotten together. Would it be wise to make my fiancee sign it? And, should I date the supplement?

3. On the G325A. As far as the name field goes, my name has a suffix. It appears in my passport, so I'm wondering how I should format it or should I just leave off the suffix since there is no field asking for it. There is only Last Name, First, and Middle. Any experience with name suffixes?
Here are the options I guess:
a) last name, III
or
b) last name III

It appears in format "b" in my passport. I'm sure they'll figure it out, but I'd hate to get RFE'd for a silly misake.


Thanks for the insight guys. This thing is getting mailed out next week.


The beneficiary signs their G325a and letter of intent only.

Either format a or b will work but I prefer a.



pushbrkMaleChina2011-01-31 05:30:00
K-1 Fiance(e) Visa Process & ProceduresK1 Payment
[quote name='jstl1978' timestamp='1296477986' post='4443726']
True we can find some of it. I did read and I found the 340 $ fee. However if these guides and process would talk to us like we are clueless (which I'll gladly admit I am) then we wouldn't be here in the first place. I looked through the process and the sites and couldn't anything at all about an interview fee just a processing fee. Even the process fee they don't give the best explanation of when and where it gets turn. I dunno maybe I need "K1 Visa for Dummies"........is there a such book?
[/q

One thing you missed in reading the guides is that USCIS is only the first of two government agencies involved in the visa process. USCIS doesn't issue visas. Consulate's do and they are part of the Dept. of State. You need to read the visa application instructions at the applicable Consulate's website in addition to the petition filing instructions.

That's why it's so important to understand that the US Citizen's petition for a fiancee is NOT a visa application.

Again, there is no "interview fee" and there is no "processing fee". There is a petition filing fee and a visa application fee. When people call them what they are, others can understand what they are.



pushbrkMaleChina2011-01-31 07:57:00
K-1 Fiance(e) Visa Process & ProceduresK1 Payment

correct or not when someone is confusing the fee for the I129f and the embassy fee it helps to use language the person may grasp better.


So call them what they are, a petition filing fee and a visa application fee. A lot of this confusion stems from interchanging the terms petition and application. If all the members would stop calling petitions, applications, a lot of this confusion would go away.

Of course, if folks would read the guides and study the process, they would figure a lot of this out for themselves. Posted Image



pushbrkMaleChina2011-01-30 23:07:00
K-1 Fiance(e) Visa Process & ProceduresK1 Payment

You pay one fee for the filing and processing of the I129f petition . Then at the embassy you pay another fee for the interview/issuance of the visa. You are not paying twice, it is 2 separate but similar things. Like the hospital bill and the doctor bill while you are there.



The second fee is a visa application fee. You pay it before the interview and whether or not the visa is issued. It is an "application fee" and should be called by its correct name.


pushbrkMaleChina2011-01-30 22:23:00
K-1 Fiance(e) Visa Process & ProceduresK1 Payment

Filing fee is $340. And you enclose the payment when you mail the application.



Petition filing fee is $340 and you enclose payment when you mail the petition. The K1 visa application fee is $350 and you will pay that abroad in local currency according to Consulate instructions that vary by country.

Pretty please, stop calling petitions, applications. Petitions are not applications for anything.


pushbrkMaleChina2011-01-30 09:05:00
K-1 Fiance(e) Visa Process & ProceduresG-325a Question

I would add a see attached and explain that you were employed in the real time transit industry and that your job gave you the opportunity to live in company provided mobile facilities. :innocent:


He owned the truck. A letter of explanation is fine but a PO box would be the address listed on the G325a. FYI, some people who live in "houses" only have a PO Box for an address. I once had a Route and Box address, where the "box" was three miles from my home. I suppose I could have listed the name of the ranch but it was a third of a county and fourteen miles from town on 8 miles of unpaved roads, the bulk of which were oilfield maintained private roads.



pushbrkMaleChina2011-01-31 01:44:00
K-1 Fiance(e) Visa Process & Proceduresfailed k1 im manila

I'm not giving the OP any advice, as you'll see from my last sentence. It's up to him to decide what he wants to do. I was just commenting generally, which, might I add, is the exact same thing you did.

We can split hairs with words, but the general supposition that it's ok for the omission due to culture is one that I don't completely buy. I think everyone is capable of complete transparency within a relationship as massive as one where marriage is on the table. You may not agree, and that's fine, too.


Most of my post was directed at the list of posts above yours that continued to violate terms of service and the admonition of the moderator. The only thing directly in response to your post was the first sentence where you injected the term "secretive". It was not used by anyone else and is a gross misinterpretation of anything written to describe Asian culture or behavior previously in this thread.



pushbrkMaleChina2011-01-31 19:31:00
K-1 Fiance(e) Visa Process & Proceduresfailed k1 im manila

not trying to single you out, but this seemed like a great time to chime in here.

I'm not sure I buy the 'Asians have a tendency to be secretive, it's part of the culture, etc' excuse as if culture is a valid excuse for not being totally forthcoming to one's future spouse. Although I can understand the rationale, it just seems weird to me...like saying 'Asians cannot be fully trusted because they are secretive' and that just is wrong imo.

But the reason I quoted your post is what I bolded. When she and the OP got together, having a failed relationship is just part of the package. When I met my now husband, I had recently called off an engagement. Of course, in the span of 'getting to know' each other, it did come up...but it was nothing to hide in fear he'd leave...why would he? It happened beforehand. It was just as much a non-issue as telling him what my favorite color was.

...which leads me to my assumption that there must have been an overlap due to the short time span.

Finally, this woman went to an interview knowing full well she had two pending petitions. What did she expect? To pull the wool over the CO's eyes, her future husband's too?

The visa thing SHOULD make people paranoid....it's not a cheap process. And I don't just mean the petition, but the whole experience of bringing over, and caring for a foreign national spouse. Let alone the I864. IMO, more people need to think with their heads and gut, and not just romanticize it all away...especially when the foreign SO is from a high fraud country.

OP, the path is yours to take, whichever one you choose. Good luck



"Secretive" is a word you interjected, not one used by others to describe Asian people or their culture. One person's lack of understanding of how another thinks does not invalidate anything. It just shows a lack of understanding, which of course, is nothing to be ashamed of. In my life experience I've seen about as much, "It's in the past so why not mention it." as I've seen, "It's in the past so why mention it." In this case, the reason why is that it matters but you only know that it matters if you know that it matters.

Please, lets stop speculating about the girl's motives and giving relationship advise. It's off topic and a moderator has already asked that it cease.




pushbrkMaleChina2011-01-31 08:10:00
K-1 Fiance(e) Visa Process & Proceduresfailed k1 im manila

Maybe you should find out what questions they asked her at the embassy and what answers she gave. They might have asked her if she had been filed for before and she denied. That would affect you.


This is good advice but ALL the comments about the relationship are off topic in this forum. The OP is asking for immigration related help, not relationship advice, however well meaning it might be.



pushbrkMaleChina2011-01-29 20:58:00
K-1 Fiance(e) Visa Process & Proceduresfailed k1 im manila
I have an alternate view of this particular situation. Although it's impossible for me to know what was actually in the mind of the beneficiary in this case, I know there's more than one possible explanation. One that come to my mind is that Filipina's are Asian, and as such, feel the Asian (far from exclusive) need to save face. She may well love the petitioner dearly and feel embarrassed about the previous relationship.


In my experience with the Asian culture, the people don't think of omissions intended to save face in the same way the think of intentional deceit. I tend to give the benefit of the doubt in such cases and try to approach the problem somewhat more pragmatically than most of the respondents to this thread. That's not to say they're wrong, just that I'm not so sure.


pushbrkMaleChina2011-01-29 09:19:00
K-1 Fiance(e) Visa Process & Proceduresfailed k1 im manila

thanks for clearing that up as i said has been a few years since i filed for him i remembered some sort of question about it but was not sure exact what it did say.......but i do believe that should be question on the petition that is filled out...would save a lot of people heart ache

sara


Not likely to happen, since it's the US Citizen's petition. It's a good question for a visa application though or a G325a.



pushbrkMaleChina2011-01-29 09:08:00
K-1 Fiance(e) Visa Process & Proceduresfailed k1 im manila

its been a few years since i filed the petition for perviz ......... but doesn't it ask someplace on there if someone else has ever filed a petition for that person? or if they have ever been denied a immigrant visa?

if that question is on there and she answered no then she has more problems legally than just not being honest with you........if it is not on there then it should be


just my opinion

sara


The petition asks if the US Citizen has petitioned another foreigner in the past but does NOT ask if anybody has petitioned the foreigner in the past.



pushbrkMaleChina2011-01-29 08:29:00
K-1 Fiance(e) Visa Process & ProceduresDreaded 221(g)

As often as USCIS determines that the consulate's decision was poppycock. It happened to several 2008 Ecuador filers.



Correct but almost never in the case of an I-129F through CSC.


pushbrkMaleChina2011-02-01 00:18:00
K-1 Fiance(e) Visa Process & ProceduresDreaded 221(g)

Yes, but it said something about the alien being ineligible for a visa, then something about privacy.



Yes, the alien would be ineligible for a visa if the petitioner provided inaccurate information. What was inaccurate would be a private matter between the USCIS, DOS and whomever provided the inaccurate information.


pushbrkMaleChina2011-01-30 03:24:00
K-1 Fiance(e) Visa Process & ProceduresDreaded 221(g)

Have you considered the possibility that your fiance withheld something from the embassy or has some sort of past issue? The letter basically says there is something of a sensitive nature that they cannot tell you, the petitioner. I guess the beneficiary might know what it was. Also might explain the AP. Good luck.


Actually, the privacy issues protect both parties. A letter given to the beneficiary indicating private information was left out, would indicate protection of the petitioner's privacy.



pushbrkMaleChina2011-01-29 21:03:00
K-1 Fiance(e) Visa Process & ProceduresDreaded 221(g)

They probably found you to be ineligible because of this. Based on your timeline, you stated you filed the I-129F on Feb 10th, 2010.
"I-129F Sent : 2010-02-10"

Your divorce was not yet final. Therefore, you were ineligible for the I-129F.
In order to be eligible for the I-129F, you MUST be eligible to marry. Being your divorce was not yet finalized, you were not.


More likely a typo. I expect the divorce was finalized at the end of 2009. Fits with the rest of the story. The inaccuracy is probably something else but one of them has a good clue what it is. It's not the only date typed wrong. He indicates her interview was in June 2010 but 10 weeks later in January 2010, she got a denial.

OP, please correct the dates.



Edited by pushbrk, 29 January 2011 - 03:33 AM.

pushbrkMaleChina2011-01-29 03:31:00
K-1 Fiance(e) Visa Process & ProceduresDreaded 221(g)

Based on indications that petition (WAC-10-092-50456, MOS2010536012) contains inaccurate information, we are returning it to the Bureau of Citizenship and Immigration Services (CIS) of the Department of Homeland Security (DHS) for review and possible revocation. Under INA 222 (F), which addresses the confidentiality of visa records, we are unable to provide any further detail.

Sincerely,

Immigrant Visa Chief



Please see bold above. They are saying that there are indications the petition contains inaccurate information. In my experience, when this happens, one or both of the parties is aware of what is or has been perceived to be inaccurate. If they really mean "the petition" then it may well be something inaccurate on your part but there's a G325a and divorce decree from the beneficiary as well. I would be searching the documents and your minds to figure out what they might have thought was inaccurate, so that several months from now, IF you have an opportunity for rebuttal, you will be prepared.

Unfortunately, with CSC I-129F cases, the service center elects to cop-out and simply let the approval expire instead of giving an opportunity to rebut and reaffirm.

We discuss affidavit of support from self employed sponsors here frequently. Being in business is a two-edged sword in this context. Those nice "deductions" reduce "income". Line 22 on the 1040 is your "current income" like it or not. The only reason they asked for a three-year average was probably to give you a chance to show other past years with higher income, when the most recent year didn't qualify.

Many self employed sponsors in the process NOW are preparing to file a 2010 tax return that shows qualifying income on line 22.



Edited by pushbrk, 29 January 2011 - 01:45 AM.

pushbrkMaleChina2011-01-29 01:40:00
K-1 Fiance(e) Visa Process & ProceduresFiancee has a 2 year B2, does that expire when K-1 is issued?

My Fiancee' is a Russian University Professor working in South Korea and was issued a 2 year B2 tourist visa in 2010. My question is once she's issued the k-1, Does the B2 become void or can she return to Russia using the B2 if a family emergency comes up?



To answer your question directly, the issuance of the K1 visa "invalidates" ANY prior visas for entering the USA, permanently. The intent is for the k1 Visa holder to immigrate to the USA and eventually use their green card as the means of entry. They are BARRED from entering the USA again after the first entry on the K1 visa UNTIL they receive either advance parole or permanent resident status as signified by the "green card".
pushbrkMaleChina2011-02-01 07:08:00
K-1 Fiance(e) Visa Process & ProceduresFiancee has a 2 year B2, does that expire when K-1 is issued?

***** Moving from K3 to K1 forum as OP plans to apply for a fiance visa *****

Your fiancee can use the B2 visa while the K1 is in process, but the K1 is a one-use visa so once she uses it to immigrate, she must marry you within 90 days and cannot leave the USA until AP or AOS is granted.



The bold above is a common misstatement of the facts. Absolutely NOTHING prevents the K1 visa holder from leaving the USA. They are FREE to do so at any time. The issue would be RETURNING to the USA. THAT is what they cannot do without AP or AOS granted, B1B2 visa or not.


pushbrkMaleChina2011-02-01 06:58:00
K-1 Fiance(e) Visa Process & ProceduresRFE: divorce certificate
[quote name='Nich-Nick' timestamp='1296022345' post='4431933'
  • Yellow highlighter on the teeny, tiny print in the footer that says "Decree of Absolute (divorce)"

To the others who were not divorced in the UK. That example is the official divorce decree.
[/quote]

I missed that teeny, tiny print. That and the visible red stamp are the keys to success.




pushbrkMaleChina2011-01-26 02:55:00
K-1 Fiance(e) Visa Process & ProceduresRFE: divorce certificate

This is exactly what his looks like. This link is from ukcertificates.com and is the example of what a divorce certificate should look like. No signature.
http://www.ukcertifi...gland-wales.jpg
I tried to call the phone number on the RFE and ask what specifically was wrong, but there isn't any way to talk to a person. Is there a different number I should call?



You need a certified copy of the "decree absolute". This is not one.


pushbrkMaleChina2011-01-25 07:52:00
K-1 Fiance(e) Visa Process & ProceduresMiddle name confusion

write your name this way:

first name: Maria
second name: Theresa
last name: Vega
other names: Dabandan

because here in the US, their middle name is the second name given you (if you have one, which in your case you do). if you had only maria as your name then here in the US it would just be maria (first) no middlename dabandan (last). and then when you get married, your name will be maria (first) theresa (second) your husband's name (last)

good luck and god bless!

the rule here is not the same as the philippines.


She's Filipina, not American. Her name needs to be entered as it is shown on her passport. Without knowing how it appears on her passport, we cannot properly advise her.
pushbrkMaleChina2010-12-17 19:04:00
K-1 Fiance(e) Visa Process & ProceduresMiddle name confusion

How should write this name on the form?
1st name: Maria Theresa
Middle name: Dabandan (mother's maiden last name)
Last name: Vega (father's last name)

Should I drop my mom's maiden last name for the sake of filling up I-129f and put in Theresa as the middle name? Today, I argued with my fiance about this, because I want to be consistent based on my official records. Again, thanks for the advice.


It should be consistent with your passport. Some passports would show the family name as DABANDAN VEGA, with Maria Theresa as the given names. In that case, show Maria as first and Theresa as Middle with DEGANDAN VEGA as the family name. How does your name show on your passport?

If you have no middle name, answer either "no middle name" or "none".

If your name is Maria Theresa, then state that. Your name does not change because you move to the US and "immigration" makes no judgements about names.


"None" is an actual name in more than one language. I recommend entering "----" when there is no middle name. Enter the name as shown on the passport.
pushbrkMaleChina2010-12-17 12:50:00
K-1 Fiance(e) Visa Process & ProceduresMiddle name confusion

I'm going to fill up today G-325a (Biographic Info) but confused what to write in the box for middle name. I have two names-Maria Theresa. My fiance said that I should be writing only "Maria" in the box for the first name, instead of "Maria Theresa." Then, what I should be filling up in the space for middle name is "Theresa," which is my second name. I questioned him why "Theresa" has become my middle name, when it's supposed to be my mom's maiden name. He said the US Immigration does not consider the maternal maiden name as the middle name. If you have two names, your secondary name is considered as the middle name, and not your mom's maiden name. Is this true in the US?

Forumers, please help on this. I don't want to be denied in the end due to error in the middle name. Any advice would be greatly appreciated. Thank you very much and Merry Christmas to all.

By the way, I'm from the Philippines.


Your name is your name and should be correctly entered as in your passport. The agencies involved see every possible naming convention in the world. You need not conform your name entries to any new custom in order to immigrate to the USA.
pushbrkMaleChina2010-12-17 10:55:00
K-1 Fiance(e) Visa Process & ProceduresPublic Charge

You're promising the government that you'll support her. You should probably focus on doing that.


Let me add, "instead of nit picking details of just which taxpayer support programs you might be able to get away with obtaining." You do realize, the people you're asking these questions of are the self-same taxpayers that will be providing the funds for the government subsidies you wish to receive, right?

Again, is your joint sponsor willing to sign a binding contract to reimburse US, (that's "us" not "the US") KNOWING you intend to obtain means tested benefits in your spouse's behalf that would trigger the contractual obligation to do so? If you've asked, what was the answer?



pushbrkMaleChina2011-02-01 23:10:00
K-1 Fiance(e) Visa Process & ProceduresPublic Charge

well I'll explain the situation further. I have a co-sponsor since I didnt meet the poverty guidelines, so if I do get medicaid for her then will the co-sponsor be charged later? Also I am thinking about applying for housing, would that interfere with my wifes situation since she will be living with me or does it not affect her since I am the one applying?

thanks



Your joint sponsor will sign a binding contract to reimburse the taxpayers for means tested benefits your spouse would receive. Whether any agency will attempt to enforce it is anybody's guess. I can tell you that if I knew the beneficiary was planning to receive means tested benefits, I would decline to sign such a contract and that I would advise anybody who asked my opinion about signing such a contract to decline as well. I don't know your joint sponsor or how they will react to the contract when they read it.


pushbrkMaleChina2011-01-30 03:29:00
K-1 Fiance(e) Visa Process & ProceduresPublic Charge

Hey everyone, I have a question regarding what isnt allowed with the Public charge clause from the K1 visa. I remember when filling out the forms for the K1 visa it said that my fiancee could not be a public charge for at least 10 years after we get married, but my question is what isnt she allowed to have as far as government assistance goes, because I am trying to get medical insurance for my wife and was looking at signing her up for medicaid but I didnt think it was allowed. But I talked to one of my friends today who brought his fiancee also on the K1 visa and he said that he just recently got medicaid for his wife and that he had no issues while applying for it.

Thanks!


You've misread the information about public charge. Bear in mind that the I-864 the sponsor signs is a contract to reimburse the taxpayers for means tested benefits received by the immigrant. Read it, carefully. Applying for and receiving such a benefit is an obvious precursor to the obligation to reimburse. Just where Medicaid fits in the picture, I'm not sure. Just explaining the concept.


So, the real question is not whether the immigrant will be allowed to receive Medicaid benefits or have any problems applying. The question is whether you as the sponsor will be required to pay back the money. Any lights going on?




Edited by pushbrk, 28 January 2011 - 01:42 AM.

pushbrkMaleChina2011-01-28 01:40:00
K-1 Fiance(e) Visa Process & ProceduresAbout K1 Expiration Date

I think it would be at the POE. Isn't that when the visa is used?

-James


A "visa" is used to enter a country, yes. However, when flying, the airline will verify that the traveler has a valid visa to enter the countries they'll transit and/or their destination. The visa must be valid for the date of entry. From most nearly all countries, people will enter the USA the same day they depart the country they depart from. Exceptions tend to be when crossing the dateline, where they could arrive a day before they leave. Another exception would be a late night departure from Western Canada arriving after midnight the next day in the Eastern USA.

Don't cut it close. I've spent more than one extra night in another country due to flight delays.



pushbrkMaleChina2011-02-02 03:42:00
K-1 Fiance(e) Visa Process & ProceduresAbout K1 Expiration Date

So you're saying that the expiration date is only determined at the departure point and not the destination?



Not at all. I'm saying that the K1 is a single entry visa that "dies" once it's used. Upon entering the USA it cannot be used again so it's expiration date is meaningless. The user will have an I-94 (departure card) stapled into their passport indicating when their allowed 90 day stay ends. They are to marry the petitioner in the USA before the 90 days ends. That's how the K1 visa works.

Think of it like a $50 gift card with an expiration date. Once you've spent the fifty bucks (entered the USA once) the expiration date of the gift card is meaningless as is the expiration date of the visa.


pushbrkMaleChina2011-02-01 20:18:00
K-1 Fiance(e) Visa Process & ProceduresAbout K1 Expiration Date

When a K1 expiration date says "April 9" Does that mean it is the last day to use the Visa? or does it mean that it is no longer valid on April 9?



April 8 would be the last day to travel. April 9 the visa is no good. Bear in mind that once used to enter the USA, the expiration date on the visa is meaningless. The legal stay is then governed by the expiration date on the I-94.


pushbrkMaleChina2011-02-01 19:48:00