ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresImmigration Reform

Well for the record the President has required congress to pass every single piece of legislation yet and hasn't passed any 'executive order' since taking oath. Not sure where you get your infomation from.


Tell Bart Stupak, Obama didn't sign (you sign, not pass an executive order) any executive orders.

Anyway, this is all pretty much useless speculation. Any immigration reform that smells even the least bit like amnesty is a toxic issue at this time and highly unlikely to move forward by law OR executive order in the current political climate. I WOULD expect some fairly quick action in 2013 if Obama is re-elected though.
pushbrkMaleChina2010-04-24 11:09:00
K-1 Fiance(e) Visa Process & ProceduresImmigration Reform

It depends on...

1. When the law goes into effect.
2. What stage(s) of the process are affected by the law.
3. What stage of the process you are currently in.

If the legal requirements change before you get to a particular stage in the process, then you will have to meet those new requirements. As you previously noted, people did get RFE's for the IMBRA declaration statement because the law went into effect after their petitions were submitted, but before they were approved. Likewise, if someone submitted a K1 petition before the new fees go into effect, but their fiancee doesn't interview until after they go into effect, then they'll end up paying the new fee.

You roll the dice, and you take your chances. ;)


My recollection is a bit different with respect to the bold above. This IMBRA issue of getting RFE's for declarations was due to USCIS updating the I-129F to comply with IMBRA, several months AFTER the law went into effect. Those who filed before the effective date didn't get RFE's but those who filed with the non-compliant (only available) form, DID get RFE's.

This part is absolutely correct though.

It depends on...

1. When the law goes into effect.
2. What stage(s) of the process are affected by the law.
3. What stage of the process you are currently in.

If the legal requirements change before you get to a particular stage in the process, then you will have to meet those new requirements.
pushbrkMaleChina2010-04-24 09:53:00
K-1 Fiance(e) Visa Process & ProceduresConfirmation on my marital status

No, you have a certified version which is all you need for now. Submit copies of the divorce decree with the NEW I-129F petition. DO NOT send the version with the seal on it as that is your ORIGINAL.

Also, for the interview at the US Embassy in Bangkok, you will have submitted the copy again when you return Packet 3. But you need to take the ORIGINAL to interview.


Correct. The OP needs to bear in mind that no agency of the Thai government is involved in any way with your divorce or US immigration process except to provide a current police report at your request. You need not register your US divorce or Marriage with the Thai government. You CAN but it is not a requirement of the US immigration process or to have your marriage recognized.
pushbrkMaleChina2010-04-25 11:16:00
K-1 Fiance(e) Visa Process & ProceduresConfirmation on my marital status

Yes, ma'am. You're divorced. Your status will be "divorced" on all forms you file in relation to your visa case.


Whether a person is married or divorced is not country specific. You married, then divorced, therefore you are divorced.
pushbrkMaleChina2010-04-24 13:57:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about slightly different I-134

I'm preparing for our interview and have a question about the I-134 form.

I previously prepared an I-134 form that I downloaded form the USCIS web site and completed it. My Fiancee received her interview packet from the Embassy in Bogota and I realize the forms are slightly different. The form from Bogota requires a notary or an official from the USCIS to endorse it while the form from the USCIS web site does not.

I'm a bit confused now and would like to see if someone else has noticed this.

Here are the forms:

US Embassy Bogota USCIS I-134
http://bogota.usemba.../pdfs/i-134.pdf

USCIS I-134
http://www.uscis.gov.../form/i-134.pdf


Notice the form from the Embassy in Bogota has a section labeled "Oath Affirmation of Sponsor"

My thought is to use the form given to us by the US Embassy in Bogota as they request the same information with the addition of an endorsement.

Thanks


They just haven't updated their website with the latest version of the I-134. You can use either.
pushbrkMaleChina2010-04-25 09:06:00
K-1 Fiance(e) Visa Process & ProceduresMeeting fiance in person vs. over the internet

I have been wanting to find the answer to this for such a long time and am very curious...

Does the visa center and/or consulate take couples who have met in person more seriously than couples who have met online? Do such couples have more advantage over internet couples? Is there any proof to support this? Would it be discrimination to give priority to couples who have met face to face on initial contact, lived together or in the same country for over a year, etc?

I would love to know. Thanks in advance.
Opinions are appreciated, but I´m really looking for evidence or facts.

I hope this doesn´t offend anyone- that´s not my intention, just looking for answers.


For some consulates the vast majority of the cases they see met on the internet. At least the majority of VJ members did. The age issue AND the fraud issue are more country or consulate specific than they are tied to how the couple met. In the higher fraud countries, the vast majority DO meet online.
pushbrkMaleChina2010-04-25 23:14:00
K-1 Fiance(e) Visa Process & Procedurescan we move out of u.s. immediately after getting married on k-1?

Nothing requires you to stay in the U.S. after using a K-1 visa to enter. If you want to use the K-1 visa just to come to the U.S. and get married, that is perfectly legitimate. Exit the U.S. again before the 90 days allowed on the I-94 expire so that no overstay is accumulated and apply for a spouse visa if/when you are ready to return to the U.S. to live.



While a K-1 entry qualifies you for adjustment of status, it does not require it. Using a K-1 for a U.S. wedding and then leaving is a legitimate use of the K-1.



Yes, it is. From reading subsequent posts by the OP though, it may well be they need to seriously consider living in the USA, as his Iranian spouse may well not be able to accompany him to Australia even for a visit without a green card. Even he will need work authorization for Australia which is no "given". He has a lot more complications to work through than just where to get married.
pushbrkMaleChina2010-04-26 08:30:00
K-1 Fiance(e) Visa Process & Procedurescan we move out of u.s. immediately after getting married on k-1?

my girlfriend and i currently live abroad. i'm american, and she's from iran. we want to get married soon and then move to sydney and eventually to the u.s. does anyone know if we can get her a k-1 visa, get married in the united states while we're there and then move to sydney? we would like to have our wedding in the u.s. so that my family and friends could attend (we'd have a seperate one elsewhere for her family). she recently applied for a tourist visa and was declined. so the k-1 would be the only way she could get in for a wedding. but i'm not sure if we would then be allowed to leave the u.s. also, if we get married officially in korea, does anyone know what our chances of then moving to australia would be? she would have a tough time now because of her iranian passport. we would need to go there on a tourist visa and look for work. americans can go for up to three months. any idea if, once we are married, she would be able to come with me on a tourist visa while we look for work? thanks in advance....


The terms of the K1 visa are that the legal marriage must occur IN the USA within 90 days of entry. Nobody will stop her from leaving but if you're going to be living in Australia instead of the USA, make sure she leaves the USA within the 90 days. If you wish to reside together in the USA later, you can begin a spouse visa process.

If your life plan doesn't require marriage in the USA, there's no need for the K1 visa. Just marry wherever and live in Australia until whenever.
pushbrkMaleChina2010-04-25 00:03:00
K-1 Fiance(e) Visa Process & ProceduresNeed help

I filed my I-129f petition for my fiance toward the end of January, he received his visa April 21. Never did I ever imagine the whole process would go this fast. I filed in January because I was worried he may not receive the visa in time for our wedding which was scheduled for December. We decided to get married in December because that was when he would finish his studies. The problem is his visa is only good until October. We don't want to have to go through the whole process again, but he needs to graduate. Is there a way to get an extension on the amount of time he is given to come to the United States? I suppose he could come in July while he has his winter break and we could get married and file everything. But that only gives us one month to try and put things in order. How can we get him permission to remain outside the States and return in that short period of time?


The correct procedure would have been to delay the interview and issue of the visa. At this point, I'm afraid you're stuck with the expiration date you have. It's possible but not assured that you could marry, file AOS and obtain emergency advance parole in a month but there's never a guarantee on emergency advance parole. Often, they want biometrics in the USA before issuing it.

It won't hurt anything to contact the Consulate to see what they will do though.

Edited by pushbrk, 24 April 2010 - 01:55 PM.

pushbrkMaleChina2010-04-24 13:54:00
K-1 Fiance(e) Visa Process & ProceduresG-325A Help and questions
Yes, fill in the parts you mentioned but it is biographical information not biometric.
pushbrkMaleChina2010-04-19 18:28:00
K-1 Fiance(e) Visa Process & ProceduresIncome Requirements?

Hi. I am new to this website and am just beginning to research visa options.

My Canadian boyfriend is here as a visitor. We want to get married, but are unsure about which visa would be the best for us.

Are there any financial requirements for the US citizen if applying for the K-1 Visa? (i.e. Do I have to prove that I am making a certain amount of money or prove that I would be able to support him while he would be here and unable to work? Is it the same requirement if I am a grad student and only working part-time?)


Regardless of the path you take, a qualified sponsor will be required. If you don't qualify, you'll need a joint sponsor or co sponsor. If your decision to marry occurred after his arrival in the US and he doesn't have a personal need to leave, one possibility is to simply marry and adjust his status to permanent resident based on the marriage. Visas are used to enter countries. He's already here.

If he NEEDS to leave soon, marrying first will end up making things simpler and less expensive in the long run. If you take that path, follow the CR1 visa guide.

Check out the guides and comparisons by clicking on the word "Guides" at the top of any page here.
pushbrkMaleChina2010-04-27 00:30:00
K-1 Fiance(e) Visa Process & Proceduresk1 lawyer

thanks for the advice. my situation is quite complicated, however, because i live in seoul and my girlfriend is from iran, which obviously doesn't have diplomatic relations with the u.s. and isn't exactly the easiest country to get into america from. we have a limited timeline too of about 7-8 months, so if we screw up or the process gets delayed because of something we've done, it will great a huge number of headaches.


I would not count on that timeline. NOBODY can tell you whether you need professional assistance because no matter what you tell them about your case, they have no idea about your abilities, aptitude or available time. Lots of people who are perfectly capable of managing this process themselves still chose to hire a professional. Only YOU can make that decision.

From your other thread though, I think you have a lot of immigration related issues to sort through before you can even decide which of the available paths to take. It sounds to me like some of your plans are simply not going to be viable on anything like the timeline you have in mind.

Edited by pushbrk, 26 April 2010 - 08:57 AM.

pushbrkMaleChina2010-04-26 08:55:00
K-1 Fiance(e) Visa Process & ProceduresMore advice required please

Hi VJ'ers

I need some advice on the validity dates printed on our NOA2

The NOA2 states that it is valid from 2/19/2010 until 6/18/2010. I have not yet heard back from the US embassy in London with my appointment date and I am concerned that the NOA2 will have expired by the time my appointment is scheduled. Can anyone tell me what the implications of this might be?

Many thanks.

Kev & Phylis


Pretty much no implication at all. Consular officers can and routinely do simply extend the validity of the petition approval in as many four month increments as needed to complete the process.
pushbrkMaleChina2010-04-27 08:18:00
K-1 Fiance(e) Visa Process & ProceduresI129F K1 application

Thanks for your respose. I am the Petitioner in this case. I live in Vancouver, WA so I don't think USCIS will ask me to appear in PHX, will they? Besides i dont have any prior immigration activity. Can anyone think of another reason?


Perhaps a mistake. Give them a call.
pushbrkMaleChina2010-04-28 01:12:00
K-1 Fiance(e) Visa Process & ProceduresI129F K1 application

Hi to the people who are active in this website..
My fiance filed the application I129F as K1 and sent to "California Service Center" and he received a NOA by mailed on Nov 09,2009 until we waited for over 5 months now,and then he received another Notice through e-mail on April 13,2010 given by USCIS,stating that our case" Transferred to another office for Processing" to Phoenix Arizona location,and I don't know why they did that and how does it takes long to get an Approval Notice from the date of transferred?I hope has someone could me help me or at least give me a response about my questions! Thanks..Marilou


Usually, this means they want to schedule an interview with the petitioner before approving the petition. They are not fast about this but the Phoenix office will contact the petitioner and tell them what they need them to bring to the office. Usually a transfer to a local office occurs because they need to verify something immigration related in the petitioner's past.
pushbrkMaleChina2010-04-26 13:29:00
K-1 Fiance(e) Visa Process & ProceduresBirth Certificate Question

A question here. In my country when we usually file for some documents and they need a birth certificate they ask not to be older than 6 months(i don't know why is it like this).

Does the same apply when you apply for the K-1 visa or it does not make any difference?


As far as US immigration is concerned a "birth certificate" is good forever, as is a marriage or divorce certificate because the information in the certificate doesn't change simply with the passing of time. Police reports and certificates of no marriage should be current, preferably within six months but this can vary by Consulate.
pushbrkMaleChina2010-04-19 09:43:00
K-1 Fiance(e) Visa Process & Proceduresg325a argg

he automatically thought "outside of his own country



This is what abroad means, outside of your own country. From his perspective it would be work outside of his country; the US doesn't have exclusive rights to the word.

Relax, answering correctly is key. This will not be a deal breaker unless he put that he worked for the Taliban in Iraq or something like that....!!


Again (this is an old thread) the G325a is produced and therefore answered from the perspective of the USA, so in THIS context, abroad means outside the USA. This misinterpretation is common however and it is only a biographical form that generally already shows the last occupation outside the USA for the foreigner anyway.
pushbrkMaleChina2010-04-28 09:07:00
K-1 Fiance(e) Visa Process & Proceduresg325a argg

ABROAD, normally means outside or foreign countries... If you are submitting something to a given government and they ask for an address abroad- does this not mean outside such country?
COMMON issue though, kind of like "Give home address" without the specifications... could be here or abroad LMAO...


The form doesn't make the issue clear. However, rest assured that in this context, "abroad" means outside the USA. You can also rest assured that misinterpretation is so common it's really not a problem either way.
pushbrkMaleChina2010-02-27 22:13:00
K-1 Fiance(e) Visa Process & Proceduresg325a argg

As the form states "Applicant's last address outside the United States of more than one year" then writing "Show below last occupation abroad if not shown above. (Include all information requested above.)" is because the beneficiaries country can vary.

If "abroad" TRULY meant in all cases, "outside the US", then, like the last address example, they would have written "outside the US" rather than "abroad".

I also mention that I completed my form in this manner and had no issues just as I'm sure others have as well doing it the "wrong" way. I don't believe there is any "right" way but for your husbands purposes he is in Ireland, abroad means anywhere outside Ireland. He won't have any issues writing it as such.


Your misunderstanding is such a common one that I'm sure USCIS adjudicators have all seen it frequently. When the information is there, they sort it out. My first G325a for my wife stated I had no current wife. I'm sure they've seen that one about as frequently.

I assure you, in this context, abroad means outside the USA. "Outside the USA of more than one year", is a separate question with emphasis on more than one year.
pushbrkMaleChina2010-02-27 02:36:00
K-1 Fiance(e) Visa Process & Proceduresg325a argg

Okay i'm assuming that your fiance is the foreign one and if so, he is correct and you are wrong. His form has his current address listed as Ireland, therefore any job "abroad" is anywhere other than in the country where he is. On my K1 I had nothing to list, now I am in America I must list my last job in Australia.

Re the date, yes. Neatly write the additional 0.

Re blacking out the details, even if it WAS wrong, you cannot alter it like that, looks like you're hiding something. He would need to send another IF it was wrong. It's not.


For the purposes of the G325a and US immigration, "abroad" means outside the USA. Yes, you can black it out, since the last job abroad IS shown above. Sure, write in the zero in the date.
pushbrkMaleChina2010-02-27 01:08:00
K-1 Fiance(e) Visa Process & ProceduresSuper important visa question

Does the Embassy require a letter as well? Do I send the letter to the service center where I filed the original petition?


No? Yes? Include a copy of the letter with your new petition.

Edited by pushbrk, 28 April 2010 - 01:48 PM.

pushbrkMaleChina2010-04-28 13:48:00
K-1 Fiance(e) Visa Process & ProceduresSuper important visa question

Thanks, I don't think I can e-mail the Manila embassy though...I'll check. I planned on sending a letter. How long does it take to get updated in the system? And I am assuming that if the petition is deleted, you should be able to file a new one immediately....

Anyone have a solid answer on this?


The US Citizen needs to send a letter to USCIS to "withdraw" the petition. In the letter, indicate the reason and that you are now married, pursuing a CR1 visa.
pushbrkMaleChina2010-04-28 12:07:00
K-1 Fiance(e) Visa Process & ProceduresI-129f item 20

Hello,

I am applying for the K-1 Visa. The situation here is my fiance is a People's Republic of China citizen (PRC) but on a student visa studying in Sydney.

What should I put under the i-129f item 20, for where she will be applying for her K1 visa? Should it be at an American Embassy back in China, or can she do it in Sydney?

Thanks
~Louis


If she'll be in Australia during the time frame the interview will take place, put Sydney. Yes, she'll need a police report from China but a family member can secure anything she needs from China, including the certificate of unmarried status and birth certificate. Make sure the official Chinese documents are Notarial translations obtained through the Gong Zheng Chu.

Whether Australia or China, she will interview at a US Consulate, not an Embassy. Sydney and Guangzhou are Consulates. Embassies are always in Capital cities, so Canberra and Beijing etc.
pushbrkMaleChina2010-04-29 09:06:00
K-1 Fiance(e) Visa Process & ProceduresWhere can we get married?

Hey everyone,here's a quick question- Is there any regulations on in which states you can get married?For example can we get married in Hawaii or Puerto Rico?thanks


The K1 visa holder must marry the USC petitioner in the USA. Both Puerto Rico and Hawaii are part of the USA but you must make certain that in the process of coming and going, you do not arrive anywhere OUTSIDE the USA or the K1 visa holder will not be allowed back IN the USA.
pushbrkMaleChina2010-04-29 09:59:00
K-1 Fiance(e) Visa Process & ProceduresCan't find divorce decrees

Hello,

A good friend is going through the K1 process. He asked me a question I can not answer. Maybe someone on this board can. He can not find his divorce decree(s)from long ago b/c they have been misplaced during moving. Worse, he can't find them at the county deed recorders office where they were filed. What would be the solution to this issue, anyone know?


Google "certified copy of divorce decree your state" and obtain certified copies. What he lost is probably not what was needed anyway unless they were obtained after the divorces were finalized.

A divorce is not a deed. Usually they come from a superior court clerk's office.

Edited by pushbrk, 27 April 2010 - 08:10 PM.

pushbrkMaleChina2010-04-27 20:09:00
K-1 Fiance(e) Visa Process & ProceduresDirectly send to listed consulate (K1 approved)

Thanks for reply.

Actually it is now 10 days, and I call NVC today and they say that they didn't get my case, and then I call USCIS and they say that according to the notice I got (NOA2), it says that it is not going to NVC, it is going directly to listed consulate.

And Mumbai consulate are saying they didn't get it yet, and ask me to query NVC about it.

So right now only GODS know where it is, as none (USCIS or NVC) are willing to say anything unless one month, and after that they will work on it!!

Finger cross!!


You called the USCIS misinformation line and got a wrong answer. How could that be. Your case file is on its way to NVC but may still be in the USCIS mail room waiting its turn. Keep calling NVC but you must speak to a human for a K visa case.
pushbrkMaleChina2010-04-29 20:59:00
K-1 Fiance(e) Visa Process & ProceduresDirectly send to listed consulate (K1 approved)

Hi,

I need some help on how to track a approved petition K1, which was send directly to "listed consulate" and not to NVC?

It more than a week, but consulate (Mumbai) didn't get it.

Is there is any way to track this?

And is it possible that approved application could be send directly to Consulate and not to NVC?

Thanks in advance!!


No, you cannot track it and you can bet your britches it was sent to NVC. All the notices say sent to consulate but they get there through NVC.
pushbrkMaleChina2010-04-29 18:20:00
K-1 Fiance(e) Visa Process & Proceduresaffidavit of support question

thank you for all your help.. i have one question... is that line 22 on form 1040A or on form 1040.....

on form 1040A line 22 is adjusted gross income
on form 1040 line 22 is total income (before i deduct half my self employment tax and student loan interest)

i do have a 1099 for 2009... are they going to want to see it? i did my taxes from my books.. but every penny of the 1099 is accounted for (i dont cheat).. will it help or hurt me to include it.. its about $39,000..


Line 22 of the 1040 form. When submitting a tax return, include all schedules, W2 and 1099 forms just as you would when filing the return on paper.
pushbrkMaleChina2010-04-26 22:17:00
K-1 Fiance(e) Visa Process & Proceduresaffidavit of support question

I am not sure if you already have a documented "income" of 15,000, possibly 18,000 by the 6 month point, and you have a CPA sign-off providing a sanitized P&L showing about 18,000 for 2010 (first 6 months), I would think you would be justified in listing that as your current income.

This is not a black and white area. It isn't for the applicant and is not for the Adjudicating officer. As pushbrk says, you may not be solid with any of the options.

Yes, you may have expenses come up in the second half of the year that alter your P&L so you don't even clear 18,000 or whatever the 6 month figure is. But you would have your current income documented to that point for 2010.

It is not much different for a salaried employee. They can list their current income and back it up with 6 months of pay stubs and previous tax forms (which you don't have). But the income is not guaranteed for the rest of the year. The employee can lose the job or go through a round of pay cuts.

Get an outside third party (CPA) to document your first half of the year and you can be justified in listing that as current income.

As an alternative, not all Consulates accept joint sponsors but many do, well over half, and I have seen posts from some where the CO asks the sponsor to go get a joint sponsor. This might be the safest alternative for you.


The bold paragraph above is simply not correct. The self employed individual is evaluated by an entirely different standard. "Income" is from line 22 on the most recent tax return. Even an mid year CPA provided P&L doesn't carry the weight of a single pay stub for an employee. This is because the self-employed can cook the books pretty much any way they want, particularly any time but year end. Risk of unemployment and risk of business loss don't even compare.
pushbrkMaleChina2010-04-26 20:02:00
K-1 Fiance(e) Visa Process & Proceduresaffidavit of support question

I think "pushbrk" is suggesting (or telling) you to get a CPA to verify the current income stream and prepare a proper P&L.

If you do that, you probably will not need to list the 10,250 as your income but could list the current income as an annualized number. That just means to take your income for the first four months and multiply by three if the CPA will sign.

With this kind of proper documentation, you would not need to list 10,250. You could honestly list the higher estimate. But submitting the 2009 tax form will be necessary and might trigger a red flag depending on the Consulate and the interviewing officer.


I'm actually only suggesting that the P&L will carry more weight if prepared and signed by a CPA. No CPA is going to sign off in April about what a company's profitability is going to be for the entire year. The OP would still list their current income as their 2009 line 22 because that's the procedure but the CPA P&L COULD make the difference in a marginal case. "Meeting the minimum" is not a guarantee of success. Another thing that would help is a bank letter. This is a subjective decision, not at objective line we cross.

ok i will get a cpa for that.. i should be past june and have 6 months history for this year.. my 6 months for 2010 will be well above the 125% poverty line alone.. plus i will have cash assets to make up the difference in the poverty line.. ($18,310 - $10,250 = $8060 x 3 = $24,180).


Correct calculation that DOES meet the minimum requirement but there's no guarantee that will carry the day.
pushbrkMaleChina2010-04-26 14:50:00
K-1 Fiance(e) Visa Process & Proceduresaffidavit of support question

My last 3 years tax returns show income as

2007 AGI $21,676 (w2 worker)
2008 AGI $31,058 (w2 worker)
2009 AGI $10,250 (selfemployed)
i plan to have aleast $25,000 in cash by the time i file the affidavit of support..

For affidavit of support will i have to put $10,250 as my income?

Last year i had to travel more and the business didnt really get rolling till after march.
I also had to buy a laptop and tools.

This year travel is not a issue and expenses are WAY down.

Should i include my YTD profit and lost for this year?

This year so far my P&L shows income of $15,000

This YTD sales $23,000
Last YTD sales $9,000

I would say this year my income is $50,000 this year.

Would love some good advice from with selfemployed people.


A YTD P&L from a CPA would add weight to your case.
pushbrkMaleChina2010-04-25 20:56:00
K-1 Fiance(e) Visa Process & ProceduresCurrently engaged to a US citizen in Australia what visa type will suit us

Is it your intention to come to the US?

If you are planning on coming to the US in the future, your best bet would be to marry in Australia and then at the appropriate time, look into the DCF process.

K-1 isn't an option under your current circumstance. The K-1 is for a USC to petition for finace(e) to come to the US for the purpose of marriage - as the USC does not reside in the US this would not be applicable unless he returned to live in the US prior to filing.

As mentioned, if you look into DCF - pay particular attention to the US domicile requirement.


Just for clarity, "coming to the USA" probably requires nothing at all except the UK passport and a US passport. If the OP wishes to permanently reside in the USA, the appropriate path is to marry (wherever) then follow the path to an immigrant spouse visa through a direct consular filing in Australia. No need to deal with any of this unless and until a few months before you intend to actually begin residing in the USA.
pushbrkMaleChina2010-04-30 10:18:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit from witness of in person meeting needs notarization?

Thanks everyone for your suggestions.

I do have passport stamps/boarding passes of my visit, affid would be to supplement that.


Then I advise you not to include it. It is more likely to raise a red flag than be of any help.
pushbrkMaleChina2010-04-30 15:37:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit from witness of in person meeting needs notarization?

That would not be acceptable as "proof of meeting". You would need to show passport stamps, airline boarding/tickets/hotel receipts, etc... to prove that you were actually there, in person, in the other country (or if the beneficiary came to the US), within the 2yr requirement, prior to sending in the petition.

If you attempt to get this evidence after the petition is sent, say by visiting, your petition would be denied, and you would have to start over, again.

A letter, even notarized, would not be sufficient. If they allowed that, anyone could write a letter - regardless if it's true or not.

Photo's showing you together are not required for filing the I-129F. They are usually looked at the interview, as supporting evidence of the relationship. You will not get an RFE for lack of photographs, however, you will get an RFE for not showing proof of meeting within the 2yr of filing the petition.


All correct and to the point. Primary evidence of meeting is required. This could be passport stamps, boarding passes or receipts in country. If you have at least one form of primary evidence of being in the same country within the past two years, that's sufficient evidence of meeting. An affidavit, signed or not is neither primary or secondary evidence of meeting.
pushbrkMaleChina2010-04-30 10:13:00
K-1 Fiance(e) Visa Process & ProceduresNeed Urgent Help Please!

Possibility 1 = Possible

Possibility 2 = Impossible.... needs to be present in the USA to adjust status, because without entry she has NO status to adjust from/to

Possibility 3 = Possible, but is also possible for you as the stepparent USC to petition for her as well, no need to wait for her mom to obtain her US Citizenship


Exactly correct. :thumbs:
pushbrkMaleChina2010-04-30 10:15:00
K-1 Fiance(e) Visa Process & ProceduresHow do Adjudicators Determine How to Process a Case

Jim,

Frankly that's how any reasonable person would read that but in practice, USCIS has been requiring the waiver request for the second petition within two years, even if for the same beneficiary. Since the waiver request is no more than two sentences in a cover letter, I advise including it.


Further, it sounds like we have the OP's attention and his thinking cap is on straight enough but I just wanted to add that the couple needs to completely discard any thoughts of entitlement in this process. Casablanca is one of the most difficult places to obtain a fiancee or spouse visa. They are not only going to need to be in a position financially to accomplish the process but will need some meaningful time together with plenty of documentation and interview preparation to go with it. Their eventual success is going to require a dramatically different approach in attitude, relationship building and documentation.

Fortunately there appears they will have plenty of time to study the cases of others going through Casa and be able to sufficiently prepare if they are so inclined.

Edited by pushbrk, 01 May 2010 - 10:28 AM.

pushbrkMaleChina2010-05-01 10:26:00
K-1 Fiance(e) Visa Process & ProceduresHow do Adjudicators Determine How to Process a Case

You need a waiver of the IMBRA filing limitations if:

1) You've had a petition approved within the past two years, or
2) You've filed two or more petitions previously, at any point in your life.

So, a second petition requires a waiver only if the first petition was approved within the past two years. Her petition will be denied, almost certainly. If the current petition is her first ever, then she won't need a waiver.


Jim,

Frankly that's how any reasonable person would read that but in practice, USCIS has been requiring the waiver request for the second petition within two years, even if for the same beneficiary. Since the waiver request is no more than two sentences in a cover letter, I advise including it.
pushbrkMaleChina2010-05-01 10:21:00
K-1 Fiance(e) Visa Process & ProceduresHow do Adjudicators Determine How to Process a Case

I filed my I-129F form on April 14, 2010 US Postal Service-overnight. The application was received the next day on April 15, 2010. The check was cashed on April 19th and I receive an NOA1 on April 21, 2010. Now I'm just waiting for instructions from the USCIS office regarding what needs to happen next, as they did not provide any on the first NOA1 notice.

I've been reading the various Forums on VisaJourney.com to get an idea of the types of K-1 Visa cases that are pending approval, and I have yet to read one case that is like another. It seems as if each case has its own special circumstances, which makes it difficult for me to make an educated guess about how my case will be processed.

Having said that, here are my questions. My fiancé (Morocco) and I (US Citizen) have not yet physically meet in person. We met on the Internet. So I made a passionate request to the USCIS office to have the requirement to physically meet within two years of filing the I-129F form waived due to financial hardship. I provided what I thought was pretty good evidence to support my claim of financial hardship, but I'm very anxious as to whether or not the adjudicator will feel that my claim of financial hardship is acceptable.

The other thing is I feel as if my fiancé and I have an advantage in this process, because my fiancé already has a valid alien number and ss number. It turns out that my fiancé was in the US for six years attending a college in MA. He completed his studies and received his degrees and returned to Morocco well before his Visa expired. I’m hoping that the fact that he had already lived in the US and doesn’t need to apply for an alien number or ss number will make the process easier for the adjudicator to approve because he already has a history of being in the US.

Please share your opinions regarding my thoughts on this process. I’d really appreciate whatever information you have to share regardless of whether it’s in our favor or not because “knowledge is power.”

Thank you for your time.
Sincerely,

LoveOverSeas

Also could someone please provide the full names for these acronyms. Thanks

POE -
AOS -
VSC –

Note: I apologize if you've seen this posting as a reply to another ongoing post. I just thought it might be better to start this discusssion as a new topic.
------------------------------

04/14/2010 - Sent I-129F sent to CSC Laguna Niguel-Express Mail Overnight
04/15/2010 - Received by CSC Laguna Niguel
04/19/2010 - Check cashed
04/16/2010 – Date listed on NOA1 **
04/21/2010 - NOA1 Hardcopy arrived in mail
- NOA2 approval mailed by CSC (per USCIS.org)
- Touched (Text message stating case updated
- NOA2 Hardcopy Received
- Packet Arrived at NVC (obtained case #)
- Packet Left NVC to ?
- Package arrived in Morocco
- Package arrived at?
- Received NVC letter (package forwarded to Embassy)
- Medical done (Vaccinations)

==Tentative Dates (if shown) ==
?? - Interview
?? - Visa pick-up date
?? - POE Los Angeles, CA USA
?? - Wedding


I would expect your case to be processed just like everybody else, according to long standing adjudication procedures. The difference will be in the result. While most petition are approved and forwarded to NVC and on to Consulate or Embassies abroad, yours will end in an NOA2 that says "Denied" instead of "Approved". Financial hardship is not one of the circumstances that justifies waiving the meeting requirement and there's nothing you'll see anywhere to lead a reasonable person to think it would be. Of course, you can try again when you get your finances in order and meet in person.
pushbrkMaleChina2010-04-30 21:35:00
K-1 Fiance(e) Visa Process & Proceduresco-sponsor

Hello everybody.

We are anticipating our NOA2, we are one of the many March filers and I have just been following the Igor's list every day, and I spent almost the whole month of April watching other March filers getting their approval, so we just hope that soon we'll get ours too. I know that once we will I will start to gather all the documents, and I have a doubt about the affidavit of support that it's been taking my sleep away since the day we filed.

First of all, I want to know if Italy allows co-sponsor, but I think it does, right?

Well, my fiance has just started a job a couple of weeks ago, he was self employed before it and was making very little money and plus he's a student too, so he just got this job to start saving money and be more responsable for us. He's a salesman now, and has a basic pay plus the commission on the sellings. Even if he will probably be making good money with the commissions, his employment documentation based on the "regular pay" it's not enough for the affidavit of support and so we are considering the co-sponsor thing to be sure at the interview. The point is, I have relatives there in the States(and that's how we meet, he was introduced to me by one of them)and one of MY relative, my aunt, would be happy to help us out and be my co-sponsor.

Would this be seen as something bad? Since she's my family and not my usc fiance's, would it be seen like if they just want to help me immigrating and that's all? I don't know what to think, my fiance thinks that this is even better because by her being my relative and not his, it means that she will have all interests to help me and provide for me and not making me be a public charge.

What you guys think?


Sounds like you have a handle on the problem. Be sure your evidence of bona fides is substantial and you are well prepared for the interview. From Italy, this is a much smaller red flag than from a high fraud country. Good luck.
pushbrkMaleChina2010-05-01 15:57:00
K-1 Fiance(e) Visa Process & ProceduresAm I going to have a problem?????

I would agree with this. I would write a formal letter including your case number requesting that the withdraw your application. You should also request a delivery confirmation on the letter.


This petition is already approved, so is no longer in the hands of USCIS. Yes, send the letter to USCIS but the Consulate will be contacting the beneficiary directly. You'll need to notify the Consulate of your intention to withdraw the petition as well. If you can catch it while it's still at NVC, all the better. Call and speak to a human, then back it up with a letter. As a practical matter, if you never provide an affidavit of support there is little chance the petition will result in a visa anyway but you want to make official notification.

Since this is a letter that can only be signed by you, I would have your signature notarized and use Certified mail to USCIS. Neither is "required", just my advice for the reason stated.
pushbrkMaleChina2010-05-02 10:57:00