ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresDoes USCIS offer Phone help

Does I USCIS or NVC offer individual support service by phone ? ? I have some detailed questions I need to have answered regarding the K-1 I filed. I realize I can ask questions on this board but I`ve gotten several different answers. I appreciate the responses but need assurance from the USCIS or NVS. Any info you can pass along would be appreciated



USCIS has a "misinformation line". If you're not into doing it yourself with the help available here, I suggest you hire professional services. USCIS doesn't provide assistance, nor do the grant or issue visas.
pushbrkMaleChina2010-11-28 17:05:00
K-1 Fiance(e) Visa Process & ProceduresK-1? not sure what to do

Hi everyone,

I am really confused about how to best go about getting married! I have recently become engaged to my French boyfriend (I'm a US citizen), who currently lives in Switzerland. We want to live in the US (I'm in grad school in the US right now), and we're trying to figure out when and where to get married. The main concern we are having is that the day he quits his job he will have to continue working for 3 months. And since we don't know when the K-1 visa will come through, it will be very hard to know when he should quit his job. My question is if we get a K-1 visa, he comes here and we marry, can he then go back to Switzerland to finish his work contract, while also applying for permanent residency in the US? I'm guessing not. What other options would we have? Get married in France and then apply for a spouse visa to the US? We really want to marry in the US. Could he come under the visa waiver and we get married, and then go back to Europe to apply for the spouse visa? Or do we still need to get a K-1 even if he is planning on leaving the US?

Thanks for any advice!


The best option for your circumstances may well be to marry first, wherever you want or can arrange, then go through the CR1 visa process. Once the visa is in hand, he has six months to use it. On the other hand he has six months to use the K1 visa too. Pick the one that best fits your circumstances and priorities.
pushbrkMaleChina2010-11-28 20:44:00
K-1 Fiance(e) Visa Process & ProceduresI 129

I just filed for the second time within 2 years too. There is no form for this. I just included in my I-129F petition a letter saying that I'm requesting a waiver because I am filing a second I-129F within two years. I included a copy of the letter I sent to the U.S. Embassy in Manila requesting that my petition be canceled, a copy of the letter the U.S. Embassy in Manila sent to me stating that my petition had been canceled and I also included a copy of the email the U.S. Embassy in Manila sent me saying that they had sent my petition back to NVC for proper disposition. I called USCIS when I read that I needed a waiver and this is what they said I should do. All the best...


Yes, a letter is all that is needed and it can even be just a paragraph added to your cover letter but I would give a reason for the waiver request including WHY the first process wasn't completed or why the relationship didn't work out etc. Just a sentence or two of "why" should be sufficient.
pushbrkMaleChina2010-11-14 10:48:00
K-1 Fiance(e) Visa Process & Procedureswhat's the best way to pay for the application fee?

I read thru http://www.uscis.gov...00045f3d6a1RCRD

but i just want to ask: what's the best way to pay for the application fee? money order, personal check or something else?

thank you so much!


I recommend paying the petition filing fee with a personal check. It's so much easier to verify it has been cashed. Note, this is not an application fee because the I-129F is not an "application" for anything. When your petition is approved, your fiancee will apply for a visa and that "application fee" is likely to be paid in local currency in the fiancee's country of residence. Those instructions vary by country.
pushbrkMaleChina2010-11-28 20:30:00
K-1 Fiance(e) Visa Process & ProceduresFIANCEE DENIED K-1 IN LAGOS, NIGERIA

no we did not withdraw the first petition, we filed while the first one was still sitting on a shelf waiting to be expired.


CSC and VSC have different procedures. Your method is not good advice for anybody with a petition being returned to VSC.
pushbrkMaleChina2010-11-22 00:42:00
K-1 Fiance(e) Visa Process & ProceduresFIANCEE DENIED K-1 IN LAGOS, NIGERIA

What exactly should we do if we were to appeal in Vermont? I had to go visit him in the middle of the semester in school and that took a toll on my academics. I am not sure I can afford to go again since I am so busy rotating in hospitals. Should I just withdraw the denied one and start all over? I just went to Lagos in February so I can still use the pictures and stuff from that visit if I start reapplying now right? Thanks for ur help.


What you do to appeal is directly and effectively address the reasons for the denial that are included in any correspondence from USCIS. It will be several months from now before you hear anything else.

Be aware though that the lack of a qualified sponsor at the time of the interview is in and of itself enough to justify denying the visa. So, it is quite possible nothing you can do will overturn this decision. Even if USCIS reaffirms their approval of the petition and sends it back to Lagos, you'll have to convince them of the bona fides. That's the real issue. Without knowing the details of your case, we really can't help much with that.

The firs thing you need to do is have your fiance write a detailed report of his experience at Consular Services. It should be as near a verbatim transcript as possible. The sooner it is written the more accurate it will be. With that transcript, we might be able to detect the real problem or problems.

Edited by pushbrk, 21 November 2010 - 06:29 PM.

pushbrkMaleChina2010-11-21 18:25:00
K-1 Fiance(e) Visa Process & ProceduresFIANCEE DENIED K-1 IN LAGOS, NIGERIA

Thanks Joyjoy, he was told by the officer to appeal but the actual form given as he read to me states that the visa was denied because they believe the marriage is for immigration purpose and will be sent back to USCIS do for revocation. It doesn't look like a second chance and we don't know what to do. :(


If processed at the California Service Center then you can be virtually certain there will be no opportunity to appeal. If Vermont, you might have a chance to make an appeal but only the slimmest of chances for an eventual K1 success.

Unless you're prepared to marry in Nigeria and start over with a properly managed spouse visa process, your chances of being together are slim and none. Otherwise, chances are pretty good. I would plan on spending as much time together in person as possible as well as getting your financial or sponsorship house in order.

Edited by pushbrk, 21 November 2010 - 12:32 PM.

pushbrkMaleChina2010-11-21 12:32:00
K-1 Fiance(e) Visa Process & ProceduresFIANCEE DENIED K-1 IN LAGOS, NIGERIA

Sorry for being ignorant. What is "OP"?


Original poster. (The person who started the thread)
pushbrkMaleChina2010-11-21 11:18:00
K-1 Fiance(e) Visa Process & ProceduresFIANCEE DENIED K-1 IN LAGOS, NIGERIA
Lot's of good hypothetical answers here folks but until the OP posts the exact wording of the notice handed to her fiance, it's all speculation. Please post exactly what the notice says, so the speculation can stop and real help begin. The right answer has probably already been given but there's no way to know without reading the notice.

What you can be sure of is that no fiance or spouse visa is going to be issued without a qualified sponsor's affidavit of support.
pushbrkMaleChina2010-11-21 10:55:00
K-1 Fiance(e) Visa Process & ProceduresK-2 Minor Child

Hello!

This is my first post but I have already used VJ for a few months now and it has been SO helpful with information.

My fiance and I will be applying for a k-1 visa (I am a USC) and hopefully bringing his daughter on a k-2 visa. I know that she can just be "added on" at this point in the process and it isn't until AOS that she will need to be separate.
So for now:

1. Does she need her own G-325a form? (She is only 2 years old)

2. Will she need to be present at the medical visit/interview at the embassy? Or just proof of certain vaccinations?

3. What do I need from her mother giving consent for all this? Is just a typed and signed letter enough?

Thank you so much for any help you can give!!


At this stage, simply list the child's name on the petition in the applicable section. Later, the child will apply for a visa, just like their parent will.
pushbrkMaleChina2010-11-28 19:50:00
K-1 Fiance(e) Visa Process & ProceduresHousehold size

I would go with however you file your taxes. If you claim any dependents or anyone on your taxes, that's your "household" =)


That is the incorrect advice. It's more complicated than that but tax filing are one of several factors to consider. For instance, if you have children under 21, you count them no matter where they live or who claims them on a tax return.

For the original question though, the poster is correct in counting only himself and the intending immigrant.
pushbrkMaleChina2010-11-30 10:58:00
K-1 Fiance(e) Visa Process & ProceduresYou be the consul ! Would we be approved ?

yes, I think no one is qualified to say what a consul will say in this case. If you factor in the economic situation and the disablility and the daughter, i would probaly give you less than a 50% chance. the daughters income will end one day its not sustainable.


just hope for the best. but prepare for worst

gl


I can assure you that neither YOU or anyone is qualified to make such a sweeping statement, as the qualifications of "ALL" are not known to you or them.

As for the daughter's income, I would equate it to court ordered child support which definitely IS counted as regular income to the parent receiving it. Like child support, it will end, but years after the intending immigrant is work authorized. If there's a denial in this case, it's unlikely to be as a result of finances.

I am on my phone so excuse me if I am offbase here. The home equity is of value towards the 125%. He owns the home outright which provides him security for a loan in tough times as needed. That is why they ask about home, property and life insurance. The fact that he is disabled is irrelivant. Equity is equity.
The child is a minor. He as the legal gaurdian of her recieves the money on her behalf for support of her So this is income. A savings bond issued to her can be cashed, no questions ask since she is a minor regardless of who purchased it for her. I see know difference.

Shouldnt he be looking at 125% for the support of two not 3?. I dont have a pc to look at the 134 rules.


His household size includes himself, daughter and intending immigrant. See earlier quote from the I-864 instructions regarding assets available for liquidation within a year "without undue harm to the sponsor of their family members".
pushbrkMaleChina2010-11-30 11:15:00
K-1 Fiance(e) Visa Process & ProceduresYou be the consul ! Would we be approved ?

I was told by an attorney-consult only that I should not go onto disability-as it will look bad because the purpose of the support affidavit is to show your fiance will not become a "warden of the state" meaning use money from disability, medicaid etc. It does not matter how much your fiance has as far as money goes, or what she does-none of that is taken into account for financial matters-it is only yours. I am not sure of your specific country-but if it was in Africa you would not be granted a visa. I strongly suggest you get a joint-sponsor-if only for purposes of getting your fiance here. In the section where it says how they would contribute-I had mine state, "If X and her fiance fall below the poverty line, to ensure they do not need government assistance beyond what X has, I will support them financially to make sure they stay above the line of government assistance eligibility" This way your co-sponsor really knows the situation, and the US Gov't is confident your fiance will not become a warden of the state.
Best of luck.


Typically, Manila would not allow a cosponsor in a case like this. However, Consulates CAN consider anything they want including the beneficiary's employability. In this case, I think the petitioner will qualify by adding the two disability checks together for he and his 13 year old child. It's their best shot regardless.
pushbrkMaleChina2010-11-29 14:49:00
K-1 Fiance(e) Visa Process & ProceduresYou be the consul ! Would we be approved ?

I thought the equity of one's home could be considered as an asset in the i-134? Otherwise, what is the point of having that option there?
I'm seriously asking - I don't know the answer.
I understand it can't create financial hardship or whatever for their family in order to be counted, ie - can't use the vehicle.... but I was sure you could use equity on your primary residence?

So... couldn't the equity (assuming it's positive!!) of the condo be used?


It CAN be "considered" but generally it is only considered available to liquidate if doing so wouldn't cause undue harm to the sponsor or their family. A disabled person who liquidates their paid for home to support an immigrant becomes a homeless disabled person. Sounds like undue harm to me.
pushbrkMaleChina2010-11-29 11:25:00
K-1 Fiance(e) Visa Process & ProceduresYou be the consul ! Would we be approved ?

Ok, I`d like to present my case and tell me if you think the Embassy in Manila consulate will grant my Fiance a K-1 Visa

Let`s just assume that the proof of meeting/relationship has been proved via boarding passes, pictures, Yahoo messenger and Skype records, other documentation,ect

I`m 46 Fiance is 30

I`m on Social security disability (SSDI). My minor child lives with me. I`m about $2500 a year short of the 125% needed for 3 people. My minor daughter, based on my disability also receives financial support via SSDI. It is approximately one half of what I receive. For example if I received $1800 per month she would receive $900 per month. Her SSDI is paid to me but in her name. For example the social security administration addresses letters/payments as followed "John Smith for Sally Smith" I`m assuming I can`t use my daughters income on the I-134. This is where I have a concern. If I list my household on the I-134 as 3 people (myself,fiance,my daughter) Do I only list my SSDI income ? She is getting that monthly payment as support for her. Therefore I have to spend very little of my monthly income on her. Based on just my income I would be above the 125% level for my Fiance and I but I`m $2500 short if I list household as 3 people. I hope I explained that clearly enough. I dont have much debt other then the typical monthly utilities and a small credit card bill.

I have about $6000 in savings. My fiance has about $1200

My condo, where I live is paid in full. When it was originally built in about 1970 the condos were all actually apartments. Many years later they were sold separately as individual units or condos. Mine was about $50,000 when I bought it but now is just valued at $41,000. My vehicle is also paid in full
My Fiance owns her own home in the Philippines. It is in her name. The house was built about 3 years ago. She received a loan via the gov`t. It was a 30 year mortgage so she has 27 more years to pay on it.

Fiance is a working and licensed Physical Therapist(PT) in the Philippines. Her degree has been certified in the USA. Meaning it is recognized by the PT licensing board in the USA. She still has to pass the state boards here to work in the USA as a licensed PT. However she would be qualified to work in the USA as a PT aide. She plans on taking that PT licensing exam in 2011

Fiance was granted a USA tourist visa 2 years ago in order to take the USA PT state boards. The exam was in the USA territory of Guam. The Visa specifically said "Guam Only" She abided by all regulations of the visa. Failed the exam :( Returned to the Philippines. Also I`m not marrying her to be a caregiver to me. Based on my disability there isn`t anything that can be done for me by a PT.

Fiance also worked for 2 years in UAE as a secretary. No problems in that area.

So based on the above info do you think the Visa would be approved ? Yes, I realize each interviewer is different but in general do you think we have a good chance despite the affidavit of support issue ?? Maybe I left out some key info? If I did please let me know. Many of you have very good knowledge of how this process works. I`m interested to hear what your opinion is. Thanks so much !!


Based on the financial question alone, the key information you left out was the age of your minor daughter. If she's 7, I might treat her $900 like court ordered child support but not if she's 17 because it will end soon. A cosponsor for you is most likely not a viable option through Manila. They sometimes accept them but usually only for recent college graduates with clear earnings potential having a parent or other close relative as cosponsor. The assets you mention are not likely to be of any assistance to you in qualifying as your home cannot be liquidated without undue harm to you or family members.

Not sure of the purpose of your question though as your circumstances are what they are and. If you were convinced the answer was "NO", what would that change? If you have a young daughter, a letter of explanation of your financial picture to go along with the affidavit of support might help.

Edited by pushbrk, 29 November 2010 - 03:36 AM.

pushbrkMaleChina2010-11-29 03:34:00
K-1 Fiance(e) Visa Process & ProceduresKorean Deportation issue with complications

I was wondering if the part about entering another country with someone else's passport would be considered a crime that would exclude her from a U.S. visa


Read the questions on the DS230 and the I-485 and see if it's there.
pushbrkMaleChina2010-11-29 15:04:00
K-1 Fiance(e) Visa Process & ProceduresKorean Deportation issue with complications

Hello everyone,

I am new here and I have a question I need answered by the more knowledgeable here.

I have been talking with a lady I have met in the Philipppines. We have been talking for a while and I like her very much. The issue that she has is she was working in South Korea for a year and a half, she overstayed her visa and was detained and deported. The really bad part is she was using her sisters passport to enter the country and work there. She said she was finger printed but they did not have her real name. I asked on another site for Fil-Am relationships and their advice was to just run away and have nothing to do with her. I really like this lady and I believe she is a good woman and honest in her dealings with me. She used her sisters passport only because of the age of her sister to get the job, she said she was too old to be hired.

Is this something that would prevent her from getting a K-1 or a K-3 visa in the U.S.? When she is finger printed again for the immigration process is this going to come up and cause a denial? What could be done to gain approval if so. I just need to hear your thought and opinions on this please. Has anyone ever heard of anything like this before. I need to know soon before I get to deeply involved with this lady.

Thank you for your help. :D

Frog Prince


In general, the US doesn't care about immigration issues in a third country. However, she must be honest when indicating where she lived during that time. Fortunately for you, the police report normally required for all countries lived for that long is only available to current residents. (Unavailble equates to NOT required)
pushbrkMaleChina2010-11-28 20:07:00
K-1 Fiance(e) Visa Process & Proceduresk-1 visa petitioner question

I am going to apply to petition for a K-1 visa for my boyfriend who lives in Israel. After I file the I-129 petition am I bound to stay in the United States? I prefer to travel and be
with him in Israel during the wait time. Is this legal, possible? Something commonly done?

Thank You!!


You are a citizen of the USA. You can travel as you wish. However, you or you and somebody must qualify as your fiance's financial sponsor when the time comes. I advise you not to let your fiance find out about your boyfriend though. Bad idea.
pushbrkMaleChina2010-12-01 01:54:00
K-1 Fiance(e) Visa Process & ProceduresG-325A Father question!

Ok so I did some research and people do say that we have to add my fiancees Fathers name and information "She is the one in the u.s" her problem is.. even IF she requests a birth certificate it will only state her fathers name, NOT adress, country or date of birth.
she has never met her dad, he left when she was a little baby and she does not know where he lives or DoB, she can get ahold of the name.. but can she put the other questions as N/A ? or should she just not fill in the fathers info at all.

any sort of insight would be helpful, thanks


When information that is unknown because it is unobtainable, just enter unknown. Enter what you know and/or can find out.
pushbrkMaleChina2010-12-01 13:59:00
K-1 Fiance(e) Visa Process & ProceduresQuick Question - K-1 Attachment Divorce Decree

Hopefully this will be a quick one for someone to answer.
I did a quick look around, but I wasn't able to find an exact answer to the question.

After my divorce, my lawyer provided me one packet of information.
It includes my original petition for dissolution of marriage, the division of marital assets sheets, as well as a final page which has the actual divorce decree and stamp from the judge. Do I need to attach copies of the entire packet, or just the final page with the stamp?

Thanks!


I would ask the court for a "Certified Copy" of your "divorce decree", then submit a photocopy of that. Though it would contain the same information, often what you receive from your attorney is NOT a certified copy of what is entered into the vital records of your State. If it doesn't say it's a certified copy, it's not one.
pushbrkMaleChina2010-12-01 14:08:00
K-1 Fiance(e) Visa Process & ProceduresDocument Translation

If this is for the Embassy in Bogota, Spanish documents do not need to be translated; but other languages must be translated.



Correct. Only the foreign language documents submitted to USCIS will need translation for the visa stage. However, the beneficiary's birth certificate is submitted to USCIS to adjust status, so get it translated now or later.

Edited by pushbrk, 01 December 2010 - 04:47 PM.

pushbrkMaleChina2010-12-01 16:46:00
K-1 Fiance(e) Visa Process & ProceduresDocument Translation

Hello,
I read in some other post that it is required to have all foriegn documents translated into english. Is this true and if so where does one go to have it done? Jenny has asked around in her city of Pereira, Co, but has not had any luck.
Thanks in advance for the advice.


Anybody fluent in both languages can do it. They then just add a statement indicating they are competent to translate English and "Whatever" and that the translation is correct, and sign it.
pushbrkMaleChina2010-12-01 15:38:00
K-1 Fiance(e) Visa Process & ProceduresSo what if....

So, what exactly is an International Marriage Broker?

Isn't that I still met her on the matrimonial site? At the embassy level, won't my fiancée has to explain how we met?



The site you used is not an IMB. If asked how you met, she tells the truth. You're worrying about a non-issue.
pushbrkMaleChina2010-12-02 09:38:00
K-1 Fiance(e) Visa Process & ProceduresSo what if....

Just to add to that- The matrimonial site ( http://www.jeevansathi.com/ ) is actually run by an online classified company (http://www.infoedge.in/) who has multiple other things running.

This is what it says on its website- 2. The website - JeevanSathi.Com - is intended only to serve as a preliminary medium of contact and information for its users / members / visitors who have a bona fide intention to enter into a matrimonial alliance. Jeevansathi.com does not purport to be a marriage or business bureau or a dating /contact website and does not, in any manner whatsoever, monitor the first or subsequent contacts, introductions and/or interactions which may take place amongst / in between the user(s) / member(s) due to any information specified in the website.


So just answer the IMB question no and get on with your life.
pushbrkMaleChina2010-12-02 02:31:00
K-1 Fiance(e) Visa Process & ProceduresSo what if....

So, I met my fiancée through a profit making online matrimonial site and am applying for K-1 visa. How does meeting someone through Matrimonial site makes a K-1 case different. Is it delayed due to extensive background check or is it denied?

As a back ground, I am the USC with no previous legal cases or petitions for any type of visa and I have met my fiancée three times before petitioning for the visa.


It actually makes no difference at all but the applicable question on the petition is whether you met through an international marriage broker. Most "dating" websites are not marriage brokers. If you'll indicate the site, we can tell you whether to answer yes or no on the IMB question.
pushbrkMaleChina2010-12-01 20:24:00
K-1 Fiance(e) Visa Process & ProceduresApproval Valid for only 3 months

yes, I know, I just mistaken typed in K1 instead of I-129F. I couldn't edit the post anymore. Sorry for the confusion.

Thank you for your answer!


If it weren't for so many people interchanging terms that aren't interchangeable, you probably wouldn't have made the mistake. That's my point. It's not about criticizing you.

it's okay no problem, we are all learing,


That's correct. It's the people who already know better that are causing the confusion.
pushbrkMaleChina2010-12-02 20:40:00
K-1 Fiance(e) Visa Process & ProceduresApproval Valid for only 3 months

My k1 was approved, but it is only valid for 3 months from 11/2010 - 02/2010.
As I know it should be 4 months.
Does any of you have the same problem?
I don't think 3 months is enough until the actual interview especially in Ho Chi Minh, Vietnam.
Shall I request for extension when it is almost expired?

Thank you!


K1 is a visa. Your petition was approved, not the visa. The expiration date of a petition approval has no practical impact, as Consulate simply extend the validity as needed.

All,

Please stop calling I-129F Petitions, K1 applications and stop interchanging the terms application and petition. It causes this kind of confusion more than you realize.
pushbrkMaleChina2010-12-02 19:44:00
K-1 Fiance(e) Visa Process & Proceduresfilling out the G-325A for submission along with I-129F

Greetings VJ Community!

I'm helping my fiancée fill out her G-325A form and I used the sample form from this site as a guide. On the following section (located approximately halfway down the form) it asks, "Applicant's last address outside the United States of more than 1 year." We encountered some confusion here. My fiancée has been at her current address for less than one year. However, she was at her previous for 5.5 years. Would this be the address she would use in this question?

Near the bottom of the form; this question is asked, "List occupation abroad if not shown above. (Include information requested above.)" My fiancée had written down "None" but I followed the sample form on this site, which left that section blank and advised her to do the same.

Another thing, she had been reluctant to type in the place of birth of her parents because others had told her if she typed it, she would have to show more material about her parents. I proceeded to tell her that if she knew that information, she must disclose it because I am thinking in my mind that not disclosing is deception by omission and a discovered deception would have huge consequences. She listened to me and included the information. With that being said, has anybody ever encountered anything like that before?

Thanks in advance for your time and input!!


Actually, it says "last occupation..." not "list". If she's now working, it is shown above. I like to put "Above" in the first space just to make it clear. "Abroad" in this context means outside the USA.

Have her complete all information accurately. If she has something to fear, so be it. She should fear a material misrepresentation more than ANYTHING else because it can carry a lifetime ban from entering the USA.
pushbrkMaleChina2010-08-16 14:44:00
K-1 Fiance(e) Visa Process & Proceduresi want to know

Traffic violations are not felonies - therefore not criminal.


Speeding is usually not a felony but it is a "crime". Misdemeanors are crimes too but that's really not the issue. The only criminal record that would get a petition denied would be those falling under the Adam Walsh act. Three or more driving intoxicated convictions would need to be disclosed. "Speeding" is a non issue.
pushbrkMaleChina2010-08-18 11:04:00
K-1 Fiance(e) Visa Process & ProceduresAttorney, visa service? -- asking again for advice

With all due respect, I was referring to a past K-1 approval of 2008, if you've read my blog you would have seen that the Ex-fiancé did not leave Brazil before the expiration of her visa, and has never entered the U.S, so "I've had an approval" her interview only lasted 5 minutes. I'm assuming that USCIS issued the RFE because they could not find the waiver letter for the first filing and approval. I know where I stand in 2010, this is an entirely new filing, and I'm going through this all over again with someone new...what were you referring to?

Thanks, I appreciate you comment.


I'm not here to read your blog. I'm here to participate in a discussion begun by the OP. If you used the same service in 2008 and the visa was obtained, then you know what kind of service they provide all the way through. If the service you're recommending was not utilized in 2008, you don't. Regardless, "assuming" is not particularly helpful in these situations.
pushbrkMaleChina2010-08-19 01:21:00
K-1 Fiance(e) Visa Process & ProceduresAttorney, visa service? -- asking again for advice

Thanks, I appreciate your response; but for the record, the same letter was resent to USCIS...just a simple letter requesting them to waive my last filing, acknowledging the approval along with an excerpt from the IMBRA subsections, explaining the circumstances which such a waiver is required under. Apparently based on the RFE explanation page, they did not either see it or had it.


I hope this clears up things a little better.


It does. One consideration in your recommendation though is that you don't even have an approved petition yet, much less any experience with ongoing service through to the interview. For now, you've only gotten through the easy part WITH a delay for a Request for additional Evidence.
pushbrkMaleChina2010-08-18 19:32:00
K-1 Fiance(e) Visa Process & ProceduresBoth Pet / Ben Divorce complication follow-up

Thank you.

Do you think i should submit a detailed letter explaining why i got divorced with settlement supports and submit with the packet 3 documents OR have that ready in case if the CO ask what happened? Or just not do anything and be quite about it and let my fiancee explain the situation. She can perhaps start with "to begin with they were seperated for 4.5 years after teh marrige" which make the CO thinks it is due to an immigration issue as well (availability of immigrant visas for GC holders spouses)

Thank you so much!


You'll submit your divorce decree in whatever format it comes. Your fiancee should be prepared to truthfully explain and or answer any questions she may be asked. If your circumstances are too complicated for you to analyze and prepare explanations for on your own, perhaps it would be wise to engage professional assistance from somebody with whom you can share all the necessary confidential information and is equipped to adequately guide you.
pushbrkMaleChina2010-08-19 01:27:00
K-1 Fiance(e) Visa Process & ProceduresBoth Pet / Ben Divorce complication follow-up

Great. Thank you.

Another question; I have sent some monies to her for some remodelling in her house (even though she owns it she consider it as "our" house) as i felt home with her since the day i met her. Does those things create problems or make the relationship stronger?

Thank you.


I would just keep that to yourself. It doesn't help and CAN hurt your case.
pushbrkMaleChina2010-08-18 19:34:00
K-1 Fiance(e) Visa Process & ProceduresBoth Pet / Ben Divorce complication follow-up

SORRY GUYS I HIT THE WRONG BUTTON. HERE IS TEH FULL POST:

Hi guys,

I posted certain apects of this issue few days back and it had jumped to page 7 of this forum now. But im providing sensitive details below for my colleagues insight and here is goes...

1. Got married in Sri lanka October 2002 (I was a resident)also had grand wedding with lots of fmaily and friends - she was 7 years younger to me
2. Visited here every year for a month until 2005 (3 times)
3. I became a citizen in January 2007
4. She migrated based on approved I-130 in March 2007
5. Too many problems have caused us to reconsider teh marriage and after a big struggle both decided to call it quit before a child in late 2007 (typical family related issues and long seperation is teh main factor)
6. She found a job and i was behind her to every step of the way and we bacme more of brother sister than a husband wife.
7. Offered her a very good settlement as i wanted to her to have those as poor aldy spent almost 5 years with em at teh time.
8. Filed divorce in SL as i got married in SL (Thru Power of attorney)
9. I fell in love with my fiancee in October 2008 but at that time we were still in the same house.
10. My ex moved out in April 2009.
11 My divorce is final in October 2009 (exactly 7 years after my marriage)
12. My fiancee also filed for divorce (she was married to german man and she has travelled exensively, currently have an active schengan visa plus 10 year UK visiting visa)
13. Whe she filed for divorce she was seperating from her husband almost 2.5 years
14. Her divorce finalized in May 2010.
I visited her twice already. Right after my divorce and right after her divorce
15. Filed for K-1 3 weeks ago.

Here is the question: Will teh embassy not give her a visa because i got my ex-wife here?

Thank you all


None of the above is a reason for denial. It all relates to the evaluation of the new relationship. Your fiancee is likely to face some additional scrutiny of the relationship's bona fides during the interview. She should be well prepared to discuss your relationship and its evolution as well as the circumstances and dates of both divorces.

Your time together in person is the strongest evidence of a bona fide relationship so spend as much time together as possible and make sure it is well documented.
pushbrkMaleChina2010-08-18 11:21:00
K-1 Fiance(e) Visa Process & ProceduresDallas

I recently sent my filing to the Dallas USCIS office for the K-1 and received this message.
Class: Priority Mail®
Service(s): Delivery Confirmation™
Status: Notice Left
We attempted to deliver your item at 9:13 am on August 18, 2010 in DALLAS, TX 75222 and a notice was left. You may pick up the item at the Post Office indicated on the notice, go to www.usps.com/redelivery, or call 800-ASK-USPS to arrange for redelivery. If this item is unclaimed after 15 days then it will be returned to the sender. Information, if available, is updated periodically throughout the day. Please check again later.

"
Enter Label/Receipt Number.

Enter Label / Receipt Number.
Detailed Results:

Notice Left, August 18, 2010, 9:13 am, DALLAS, TX 75222
Arrival at Unit, August 18, 2010, 7:18 am, DALLAS, TX 75260
Processed through Sort Facility, August 18, 2010, 1:56 am, DALLAS, TX 75222"

Does this mean that the Dallas office has yet to received new K-1 visa petition?

anyone has similar experience?


This is the standard notification when you use Express mail requiring a signature. Check back tomorrow and you'll see it was delivered and signed for.
pushbrkMaleChina2010-08-18 11:24:00
K-1 Fiance(e) Visa Process & ProceduresUrgent Help

I have submitted the bank statements with it, all this cash is in my checking account and there isnt any other category to write about cash assest other than personal property so i taught of wrting the cash in personal property, Wht do you think would be best


Putting most of the cash in a savings account would be best, as I already mentioned in the initial reply. Securing a co-sponsor would be a good idea too. What country is the fiancee coming from?
pushbrkMaleChina2010-08-22 09:13:00
K-1 Fiance(e) Visa Process & ProceduresUrgent Help

My yearly income is 15600.00 and i have about $15,000.00 in my personal checkin account, i have submitted the i134 from with bank statements and paystubs, i have listed the cash balance as personal property in form 134 as it only asks for saving account info, will tht be fine, also i was unemployed last yr so havent paid any income taxes how to handle that. I ll be really thankfull if any1 has any suggestions


The cash should be listed as cash and supported with a bank statement. It would be better to show it in a savings account though. Showing it simply as personal property doesn't indicate its liquid. You always need to document any assets claimed.
pushbrkMaleChina2010-08-20 23:17:00
K-1 Fiance(e) Visa Process & ProceduresUSPS First-Class Mail or Express Mail?

I sent mine USPS Express and it was just a personal choice. You don't need any tracking or confirmation cause everythings included in the Express. But if you ever decide to send it Express just make sure the address is the correct one. Cause Express mail does not go the the P.O. Box, it has a seperate address.


Express mail IS delivered to PO Boxes but FedEx, DHL and UPS are not.
pushbrkMaleChina2010-08-22 09:15:00
K-1 Fiance(e) Visa Process & ProceduresUSPS First-Class Mail or Express Mail?

Hello everyone,

Today, I was busy working trying to complete my 1-129 F application. I hope to have printed and copied all things by tomorrow morning. Now, how should I ship the packet? I was thinking I would ship it using USPS regular first-class service, therefore using the "regular" address given in the form. Would I be adding many days to my total wait by shipping the packet in this way to the lockbox, or should I use the overnight service and mail it to the express address?

Thank you!

Aztec.


The I-129F is a petition, not an application. I recommend sending it Priority Mail with Delivery Confirmation.
pushbrkMaleChina2010-08-20 23:15:00
K-1 Fiance(e) Visa Process & ProceduresFee Waivers....???

My fiance and I have reached a stalemate in filing our petition. Although he has the money to complete the items he has to do in Jamaica, we dont have enough to pay the initial petition fee. I've heard about fee waivers and read the ifnormation on USCIS. My question(s)... Is a fee waiver even possible for the I-129f Petition? Has anyone received one of these waivers to date? Thanks.


It's technically possible to get a the fee to file the petition waived and still get the petition approved but to do so would be the kiss of death to the actual visa. Consular officers are responsible for making a subjective decision about whether the fiance is likely to become a public charge after entering the USA. No affidavit from a co-sponsor is likely to convince the officer of anything if neither you, the co-sponsor or anybody else was committed enough to supporting the intending immigrant to pony up the filing fee.

This is and expensive process and financial sponsorship is wisely a high priority. Affidavits of support are required to assure US Citizens do not attempt to bring an immigrant to the USA for the tax payers to support.

Edited by pushbrk, 20 August 2010 - 08:52 AM.

pushbrkMaleChina2010-08-20 08:51:00