ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresCountry of both question

We are currently filling out my fiancées profile on the Russian consulates website. She was born in Ukraine but while it was still the USSR. My question is what should we put down as country of birth Russian Federation or


Ukraine is correct, and if you put USSR, that would also be OK. There was no Russian Federation when she was born. It was the USSR then.
pushbrkMaleChina2012-03-24 07:14:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa and spent time together in person

i was just trying to help not to put her down. i was speaking from my own experience. Romania isn't China, a lot less people apply for visa over there. being positive is always better than having negative thoughts. so Sanndra, don't worry you are just fine, trust me!


NOBODY here and I do mean NOBODY has any business telling ANYBODY that they will be fine. Each case is evaluated on its own totality of circumstances. They best we can say is that a short visit, is not IN AND OF ITSELF a reason to deny a visa.



pushbrkMaleChina2012-02-14 03:28:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa and spent time together in person

i had met my fiance (now husband) only for 10 days before applying for K1. i had the same worries you do but everything went smoothly and without any problems at all. the consuls know that it's difficult for 2 people who live so far apart from each other to meet too often because of their jobs and other factors. the romanian consulate is not difficult at all, i never heard of anyone being denied K1 or CR1 visa unless maybe there was something wrong with their papers or the relationship was fake (they somehow know when you lie).
so meeting for a little time before applying for the visa shouldn't be something to worry about. take care!


No Romanian Consulate will have anything to do with this process. The interview will be at the US Embassy in Romania by a US Consular Immigrant Visa Unit Consular office. What you haven't heard of could probably fill a decent size library. The same goes for me. Posted Image Each case is evaluated based on the totality of circumstances of the individual case.
pushbrkMaleChina2012-02-11 10:11:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa and spent time together in person

I was talking about this specific case. In my own case I was denied for a tourist visa 3 times. Those denials had no affect on my visa. Even though we disclosed those denials there wasnt one problem nor one question about those denials.
Many people are denied tourist visas only to be granted an immigration visa later. I have seen this here on V J many times. What probably matter most in this case is excatly why the visa was denied. The O P left that info out. I have to assume it was due to ties to her country.


That may have been what you had in mind but it is NOT what you wrote. I expect you are right but they still need to convince a Consular Officer they have a real relationship and six days is not much time together.



pushbrkMaleChina2012-02-08 09:04:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa and spent time together in person

You will not be declined because of the past events. The 6 days are enough to qualify for the K 1. You are on the right path now. Use the guides here to study the procedures. Then post any questions you have so the members can be of help.


Actually, people are often declined because of past events. Six days or even one day is enough to qualify to file the petition but to obtain the actual visa is a judgement call by a Consular officer. If it is possible to arrange another visit before or at the time of the visa interview, that would be a very good idea. If not, be certain to document how and how frequently you communicate and be very well prepared for the interview.



pushbrkMaleChina2012-02-08 04:18:00
K-1 Fiance(e) Visa Process & ProceduresMade enough this year but now unemployed

thanks. i was thinking more about the equivalent of recent income - (such as 6 month pay slips)
clearly if you file a 2011 tax return now, it is recent - but come january next year, the 2011 tax return is pretty old to show "current" income.

if thats all self-employed sponsors can do, fair enough.


Yes, that's all a self-employed sponsor can do short of providing CPA audited monthly or quarterly financial statements. Even those are not always accepted at face value BECAUSE it's the tax return that is actually required.

Neither cash flow or business revenue, are not the same as income.



Edited by pushbrk, 01 April 2012 - 01:05 PM.

pushbrkMaleChina2012-04-01 13:04:00
K-1 Fiance(e) Visa Process & ProceduresMade enough this year but now unemployed

i am wondering if there are additional requirements for current income for self-employed as they cant show last 6 months payslips/ letter from employer (this is what is required of employed sponsors) - can others comment?


I already have. The self employed state their "current income" as the amount on line 22 of the 2011 tax return. It isn't "income" until it shows up on that line of a 1040.



pushbrkMaleChina2012-03-31 23:56:00
K-1 Fiance(e) Visa Process & ProceduresMade enough this year but now unemployed

I think the confusion was that for me, if one makes at or over the %125 poverty line annual requirement within a year, one has already satisfied that requirement.
Meaning one has already made at or over the %125 annual poverty line 'minimum' in the 1st quarter of the year.
In this case one could simply work the remainder of the year receiving no more pay and still meet the requirement.
Now it only comes down to if one has a job or not, regardless if one has met the %125 poverty line minimum.

The +$18,912 was derived from income this year, not last year. To me, that income and applies towards this year and meets the annual requirement.
One could have 2 other jobs within the course of the year and both of them combined may not yield the minimum of $18,912. However since the first job yielded over the $18,912, should it be discounted and not be eligible to go towards the annual income amount minimum %125 annual poverty line?


Other than the above, is anyone able to comment on what I posted previously about the EXAMPLE provided and the COSPONSER questions?

Thanks for your help!


You must think IS or DOES not was or has. See the bold above.

The qualified cosponsor provides the same affidavit and documentation the primary sponsor (you) provides. However, for the self employed, "current income" comes from line 22 of the 2011 tax return.

Please stop debating what you think "should be". It is what it is. This ain't my first rodeo. Take it to the bank.


Edited by pushbrk, 31 March 2012 - 08:22 PM.

pushbrkMaleChina2012-03-31 20:20:00
K-1 Fiance(e) Visa Process & ProceduresMade enough this year but now unemployed

okay. so basically for a house hold of 2, one should have stocks of MINIMUM value of about $60,000, right?


That's right.



pushbrkMaleChina2012-03-31 20:00:00
K-1 Fiance(e) Visa Process & ProceduresMade enough this year but now unemployed

so if you are not using employment for your affidavit of support, are stocks good assets to use to meet the 125% poverty line?


Yes, but you'll need $3 in liquid assets to make up for $1 in income shortfall, at MINIMUM. Minimum is not a good thing but it's better than being under the minimum.



pushbrkMaleChina2012-03-31 19:37:00
K-1 Fiance(e) Visa Process & ProceduresMade enough this year but now unemployed

in the event of being unemployed, will total net worth (ie. home equity, stocks, savings, 401K, assets etc.) be considered without the need of a co-sponsor?


No but the liquid part of your net worth can be used. I know this is a K1 using an I-134 but the same guidelines are used as you'll find in the I-864 instructions. I suggest you study the part of the I-864 instructions that addresses assets and explains what THEY mean by liquid. Think "stocks and savings" not home equity and 401k but you can certainly state and document any and all assets.






pushbrkMaleChina2012-03-31 18:44:00
K-1 Fiance(e) Visa Process & ProceduresMade enough this year but now unemployed

Sorry to Hijack, but this is perhaps related.

For the I-134 Specifically (Although it perhaps could apply to the I-864 as well):

?? If one has already made over the required %125 annual poverty amount in income for the year 2012 and is currently jobless looking for a different job (thus not able to provide a letter of employment from an employer and only able to provide 2012 pay-stubs, Bank Information with savings etc..), THEN...

• Is that sufficient enough information for the I-134? (since one has made over the annual poverty amount, one is not 'required' to provide tax transcripts at the I-134 stage)

Obviously it's best to have employment, though officially one has already satisfied the annual $ amount over %125 poverty level for the year.

PLUS, If one proceeded to fill in the I-134 reflecting the above situation, and for some reason was denied to to issue with support, can one resubmit a new I-134 when a new job is acquired and or addition of a cosponsor(if needed) WITHOUT having to go all the way back to the beginning and submit a new I-129F for K1?


Can anyone speak the the above scenario?


Evidently you haven't actually looked at the I-134. Find part 7 and read where it says, "I derive an annual income of....". Note that "derive" is a present tense verb.

Yes, if denied on public charge grounds, you can submit another affidavit with a new job if it's soon or, you can submit one from a qualified cosponsor.


pushbrkMaleChina2012-03-31 14:49:00
K-1 Fiance(e) Visa Process & ProceduresMade enough this year but now unemployed

The consponsor could be anyone (a relative, a friend, etc), right? And all this person would have to do would be providing us proof that he could help us?
I'm just really tired of waiting, we've been apart for over a year and his disability claim is taking forever to end because some people obviously can't do their job. I guess a joint-sponsor would be the only solution then..
What if we showed proof that he will be getting a monthly disability paycheck and that he will be going to school and make more money thanks to that?


If the monthly check is enough and it is long term disability, that alone is enough. "Will be making more...." doesn't help and isn't considered.



pushbrkMaleChina2012-03-31 14:46:00
K-1 Fiance(e) Visa Process & ProceduresMade enough this year but now unemployed

Penguin didn't say you can't use unemployment benefits to meet the 125% poverty line.

You can use unemployment benefits to meet the 125% poverty line.

Once a person becomes unemployed, he can't use the income he used to have to meet the poverty line. He cannot use income from a job he no longer has to meet the poverty line. That was Penguin's point.


Actually, Penguin said nothing at all about unemployment benefits. Current income is current income but unemployment compensation is temporary. If that's all one has, it may even be over the 125% and still require a cosponsor. The public charge concern is a judgment call, not a goal line you cross by showing you meet the minimum with temporary benefits.

People who are currently unemployed are wise to provide affidavits of support from cosponsors in addition to the affidavit they submit themselves. Yes, some have been approved with only unemployment benefits but others, (more) have not.

Yes, if the only obstacle to issuing the visa is the affidavit of support, you can submit a new one later with a new job or submit one from a cosponsor.


Edited by pushbrk, 31 March 2012 - 09:28 AM.

pushbrkMaleChina2012-03-31 09:27:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support

How would you exactly show you are a US Citizen? My friend was not born in US but I know he is a citizen...


A copy of the data page of their US Passport will do nicely. No passport? Copy of Naturalization Certificate.



pushbrkMaleChina2012-04-12 11:09:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support

So for the affidavit of support I will need a co-sponsor. Our case is being handled out of Abu-Dhabi but from what I understand not all consulates accept co-sponsors? I have never worked and just graduating from school so I have never filed for a tax return or have proof of any income. My co-sponsor however makes well above $100,000 a year. Will I be able to take 3 years of his tax returns and have him sign the I-134? Under relationship to sponsor what do we put?

As always any advice would be greatly appreciated.


Using a Co-Sponsor should be no problem. You don't mention the relationship, so it's not possible to give you an answer. What IS the beneficiary's relationship to the sponsor? If the petitioner's parent is the sponsor, the beneficiary's relationship to sponsor is "future son in law or daughter in law" as applicable. If the sponsor is the petitioner's friend, then the answer would be "friend of fiance". It is what it is.

Edited by pushbrk, 11 April 2012 - 10:44 PM.

pushbrkMaleChina2012-04-11 22:43:00
K-1 Fiance(e) Visa Process & ProceduresK1-Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?

It said:

unlawfully present

Not presence

She was unlawfully present, she did not accumulate unlawful presence.




That's my interpretation as well. Answering yes will, at most require an explanation. Then, the Consular Officer will properly apply the law, and there will be no negative consequence. Answering "no" risks a finding of material misrepresentation, carrying a significant consequence.

She was unlawfully present without accumulating any unlawful presence.


Edited by pushbrk, 16 June 2011 - 11:18 PM.

pushbrkMaleChina2011-06-16 23:17:00
K-1 Fiance(e) Visa Process & ProceduresK1-Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?

what do u mean? a paper to support that fact?? what about that link? can i print that out. shes telling the truth. she was in here. she never got deported ever!! no hearings nothing, her parents took her back at age 14 before 1997. and she was brought underaged. she had no choice.


He means document when she came and went. The Consular Officers will know the applicable law. Tell the truth and explain it fully. Document it if you can.



pushbrkMaleChina2011-06-16 09:35:00
K-1 Fiance(e) Visa Process & ProceduresHow to e-mail a I129F package

Another question, How did you guys sent the chatlog? I mean how to make it shorter? any print screem of facebook page?

many thanks.


Use examples instead of the complete log.

Checking your subject line, you do not EMAIL an I-129F package. You mail it.



pushbrkMaleChina2012-04-20 19:50:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Filing Limitations

This is good link. The key here is limitations do not apply to spouse. (specificially stated K-3 non-immigrant). If you travel this road again, may be better to get married first, and go for spouse visa, as opposed to fiancee.... this way you are not restricted by waiver reqts.


K3 visa is obsolete, but yes marriage first saves a lot of paperwork, fees and trouble.
pushbrkMaleChina2012-04-19 16:40:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Filing Limitations
Download and read this. http://www.uscis.gov...imbra072106.pdf

A waiver, if required would be when you file ANOTHER I-129F.

As a practical matter, when no applicable IMBRA listed crimes are on the record, I've never heard of a waiver for multiple filings being denied, even when it's just a simple request accompanied by the brief explanation that the previous relationships have ended.

Edited by pushbrk, 19 April 2012 - 02:36 PM.

pushbrkMaleChina2012-04-19 14:33:00
K-1 Fiance(e) Visa Process & Proceduresk-1 visa ruined! help!

Go to your local post office with what is left of your old passport and apply for a new one. Some data should still be readable.


Since this passport had a K1 visa in it, it would be a foreign passport. You replace those at a Consulate or Embassy of THAT country. The US Post Office cannot assist in this matter.
pushbrkMaleChina2012-04-24 18:41:00
K-1 Fiance(e) Visa Process & Proceduresk-1 visa ruined! help!

thanks for your help everyone! Just need a new passport now lol should i tell the USCIS people that my visa got ruined or does it matter..I tried calling but its impossible to get ahold of an operator


Tell them at the AOS interview if you have one. Otherwise, no worries.
pushbrkMaleChina2012-04-24 13:45:00
K-1 Fiance(e) Visa Process & Proceduresk-1 visa ruined! help!

My passport as well as my k-1 visa is ruined. My I-94 is still okay. Just the K-1 Visa is ruined. I've already filed for AOS too so Do I still need a copy of my I-94 and K-1 visa or is that ok


You can do without either one to complete the AOS process but you'll need a new passport. The visa is dead and as long as you provided a copy of it and the I-94 with your AOS filing, you're good to go.
pushbrkMaleChina2012-04-24 09:51:00
K-1 Fiance(e) Visa Process & ProceduresWhen to submit originals and when copies?

It cannot be hand delivered. It has to be mailed mailed to them.


You can use a courier service like UPS, DHL etc. DHL definitely delivers to them.



pushbrkMaleChina2012-04-24 16:46:00
K-1 Fiance(e) Visa Process & ProceduresWhen to submit originals and when copies?

always send copies unless you have lots of certified copies. when you go to the interview , if you have to then you still bring copies of everything, but also your originals so if they ask to see it ok?


WRONG, WRONG, WRONG. This question is about what to mail to the Embassy/Consulate and is Country specific. If the OP wants an interview in Bangkok, they follow the Bangkok Immigrant Visa Unit's instructions.

For Bangkok K1 applications ALL ORIGINAL FORMS AND CIVIL DOCUMENTS accept the medical exam results are mailed in before an interview appointment is granted. Carry the medical exam results and relationship evidence to the interview.


pushbrkMaleChina2012-04-24 08:55:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa fee

Travel.state.gov states that the price for K1 visa has been changed but there has been no change on the form and USCIS website. What is the fee I am paying? 340 or 230?
Thanks


USCIS doesn't issue visas. You pay a petition filing fee of $340 when you file the fiancee petition and you pay whatever the current visa application fee is several months later. A petition is not an application for a visa.



pushbrkMaleChina2012-04-25 07:39:00
K-1 Fiance(e) Visa Process & ProceduresIs it possible to enter on a K-1 Visa and start working on O-1

You can't have two visas at the same time, and as far as I know the O visa is not dual intent (ie you won't get it if you have immigrant intent, which you clearly have), thus you are unlikely to get it.

I think your best bet, assuming you are right with the June interview, is to hop on a plane asap when you get the visa, get married immediately and file AOS immediately after that (you can always do the big reception/ religious ceremony later). That gives you 3 months to get EAD, which should be possible.


The above is correct. Skip the O visa. Maybe the opera company will be willing to pay your Adjustment of Status filing fee.



pushbrkMaleChina2012-04-25 07:41:00
K-1 Fiance(e) Visa Process & ProceduresWhat happens after denial?

Can I send in another petition earlier than a year? With the CR-1 processing times, I figure that if I send it in August (CR-1 this time around), we'll be ready to re-interview/apply for the visa in the Spring, after the one year ban. The I-130 is simply the petition, the interview is the visa application.

Will USCIS return the paperwork to me? I need it back to get married and refile.


How to advise you about starting over depends on exactly what the denial notice says.

Just what documents do you need back that you can't simply order new certified copies of?



pushbrkMaleChina2012-04-25 14:24:00
K-1 Fiance(e) Visa Process & ProceduresCredit Score

Why do you need the individual's credit score? If you believe or have new information that it affects the process, just state what score does. Anyway, as far as we know it does not affect the process.


Some of actually do KNOW that the credit score has no bearing on the process but that an IRS tax lien would.
pushbrkMaleChina2012-05-01 07:24:00
K-1 Fiance(e) Visa Process & ProceduresCredit Score

No. As long as you have filed your taxes you should be fine.


You could file taxes, not pay and have a tax lien. Lien or no lien is the issue.



pushbrkMaleChina2012-04-30 22:50:00
K-1 Fiance(e) Visa Process & ProceduresCredit Score

Hey guys!

Does your credit score affect you getting your K1 Visa???


Credit score, no. However, if you have an IRS lien, that does impact the process.



pushbrkMaleChina2012-04-30 20:46:00
K-1 Fiance(e) Visa Process & ProceduresWife did not make it past homeland and got k-1 cancelled

<br />I guess I am asking what is &quot;entire case file&quot; ?<br /><br />I have never read about anyone opening one before and living to tell about it <img src='http://static-forums...fault/smile.gif' class='bbc_emoticon' alt=':)' /><br />


Your question is a little like asking what is in a complete trial transcript or what is included in a complete tax return. It IS what it IS.

It's what you would think it is. All the forms and required supporting documents submitted from start to finish, including the medical exam results and any notes made by USCIS adjudicators or Consular Officers. It would include whatever extra supporting evidence submitted that was deemed pertinent enough to retain. I've heard of 12 inch petition packages but never heard of a 12 inch sealed envelope carried to a POE, so I expect anything they decide is not needed for the file is discarded at some or more than one stage.


Edited by pushbrk, 30 April 2012 - 08:44 PM.

pushbrkMaleChina2012-04-30 20:42:00
K-1 Fiance(e) Visa Process & ProceduresWife did not make it past homeland and got k-1 cancelled

What is in the famous sealed envelope ?


I told you what it was. It contained her entire case file. She handed it over to the CBP officer when she showed her passport. Ask her.

This is actually quite common knowledge but I had the fairly unique experience of seeing this envelope myself, since the CBP officer never took it from my wife. I knew the sealed envelope was turned in at the POE, so I opened my wife's without paying attention to the labeling, since it couldn't possibly be THAT envelope. Ended up having to deliver it to the nearest POE, 150 miles away, since I didn't discover it until we were a thousand miles from her actual POE.



Edited by pushbrk, 29 April 2012 - 09:22 PM.

pushbrkMaleChina2012-04-29 21:19:00
K-1 Fiance(e) Visa Process & ProceduresWife did not make it past homeland and got k-1 cancelled

I sent my wife an exact duplicate of what I sent to Immigration. I do not know if the original was forwarded to Moscow or not but when she went in for her interview she had her copy with her. The Embassy employee saw it and reached out and kept it for himself so now she would have nothing at P.O.E.

However, in the interview itself he only asked her 1 question and then said yes. She spoke no English.

She sailed through P.O.E. in Chicago with no questions.


Because she had her entire case file in a sealed envelope that she would have handed over to the CBP agent. Without that sealed envelope, she would not be here.
pushbrkMaleChina2012-04-29 08:46:00
K-1 Fiance(e) Visa Process & ProceduresWife did not make it past homeland and got k-1 cancelled

.You haven't been hassled until you've tried to drive through the internal CBP checkpoint south of Alpine, Texas.


Though my wife and I are unlikely to make a land crossing to Mexico, now that we're in Texas, I expect she'll actually CARRY her green card anytime we travel Interstate 10, even though she's Asian, not Hispanic.




pushbrkMaleChina2012-04-29 07:41:00
K-1 Fiance(e) Visa Process & ProceduresWife did not make it past homeland and got k-1 cancelled

Oh, I thought you meant your inattention to detail by not reading the entire thread.


I get that the visa application was for a fiancee. When people pay so little attention to detail that they will use the word wife to describe their fiance, they will fail to attend to many other details in life and in the immigration process. Failure to attend to those details causes all sorts of problems. Unfortunately, truth telling and truth seeking are details that often receive far too little attention.
pushbrkMaleChina2012-04-28 10:55:00
K-1 Fiance(e) Visa Process & ProceduresWife did not make it past homeland and got k-1 cancelled

On a page in between the first and last pages, the OP clarified that she was his fiancee, not his wife and that he simply wrote it wrong in the thread title.


Which would be what I said it was, a lack of attention to detail that would cause concern....on several levels.
pushbrkMaleChina2012-04-27 21:21:00
K-1 Fiance(e) Visa Process & ProceduresWife did not make it past homeland and got k-1 cancelled

Sort of. They can try to collect a fare after they fly the passenger back to their flight's origin but they seldom do.


I didn't read the entire thread, just the first and last pages but it does concern me that the OP refers to his wife having a K1 visa. At the very least, the lack of attention to detail is of concern.



pushbrkMaleChina2012-04-27 15:01:00
K-1 Fiance(e) Visa Process & ProceduresWife did not make it past homeland and got k-1 cancelled

Actually that not very correct. The airline would not be responsible to cover the cost. If she was holding a valid K1 visa, the airline has done it job correctly to make sure can get access to the USA. They cant be hold liable for a decision, the COB made regardless of her paperwork.


Sort of. They can try to collect a fare after they fly the passenger back to their flight's origin but they seldom do.
pushbrkMaleChina2012-04-27 14:46:00