ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresI-129f TERMINATION LETTER ??

Notice Of Intent To Deny, or NOID. It's bad news.

The consulate officer didn't believe your relationship was real. They believed it was an attempt to circumvent immigration law. The consular officer sent the petition back to the USCIS with the recommendation that the approval of the petition be revoked. In the consular officer's mind, it should never have been approved.

The reason this letter is bad news is because USCIS apparently agrees with the consular officer, and now they're intending to revoke the approval of your petition. What's worse is that it was the California Service Center. They usually don't readjudicate returned petitions. They just let them expire and let the petitioner file another one. The fact that they're sending a NOID without you having first tried to submit another petition means the consular officer's evidence must have been very convincing.

Here's the rough part...

By returning the petition, the consular officer has made an accusation against your fiancee. The accusation is that she made a material misrepresentation by applying for a visa based on an invalid relationship. That resulted in your petition being flagged. Marc Ellis, an attorney who sometimes posts on this board, calls this a "P6C marker", where "P6C" refers to section 212(a), paragraph 6C, of the Immigration and Nationality Act. That particular paragraph deals with immigration fraud.

In a nutshell, the consular officer has accused your fiancee of fraud. If USCIS concurs by revoking the approval of the petition then that accusation becomes a finding of fact. In the eyes of the US government your fiancee will be guilty of immigration fraud. No future visa application will ever be approved for her unless she can get an I-601 waiver for the fraud charge. Those waivers are difficult to get, and usually require an experienced (and expensive) attorney.

What I suggest you do is contact a good immigration attorney now. When you get the NOID letter you will have a limited amount of time to respond to it, usually about 30 days. If you don't respond forcefully and with tons of evidence then they'll revoke the approval of the petition, your fiancee will be guilty of fraud, and it will be much more difficult to get a visa in the future. Your main objective now is to stop USCIS from revoking the approval of that petition.


WOW this is something that should be pinned. Excellent explanation and breakdown no grey area at all. Thank you for this.
dwheels76FemaleNigeria2012-11-29 09:54:00
K-1 Fiance(e) Visa Process & Proceduresletter of intent

Mine is a bit more emotional, but I do believe this is what made a difference in our approval. The letter was also signed and notarized at a notary public.

October 6, 2012
Dear US Consulate,
This is a letter regarding my intentions to marry (removed). He is the beneficiary on my I129-f application. It is my intention beyond a doubt to marry this man. He means more to me than I can express, but I will try.
With (removed) I have been able to experience love in a sense that I have always hoped it would be. He is unselfish, genuinely caring, and supportive. He has been there with me while I have struggled with my mom's ailing health. He has been there to cheer with me when I was accepted into my RN program, even when I didn't think I would make it. Not to sound like a cry baby, but he is there and comforts me, which means so much. With (removed) I feel secure and loved; he gives me strength and courage. He inspires me, and teaches me how to believe and think positively. His spirituality is also another endearing quality. It's been a wonderful journey developing faith with him.
I love him immensely, and if it were appropriate to do so I would put several exclamations after that last statement. I have read that we (removed) are like motor and brick, like a rich man finding humility, like a poor man winning the lotto. (removed) has a great temperament, and great inner beauty. I am often blown away by his innate kindness. He is all I could have ever asked for in a mate and more.
I am excited about the potential of our relationship, and so thankful to have met him. With so many things I have experienced in life, nothing has felt more wonderful, or more blessed than being with him. I ask that you please allow us to do what we have chosen to do, and that is to get married. If it is appropriate I would like to leave my phone number and email, please contact me if needed:
(removed)
(removed)
(removed)

Sincerely,



awwww Nancan. How sweet and touching. I would have approved ya also.
dwheels76FemaleNigeria2012-11-30 14:34:00
K-1 Fiance(e) Visa Process & ProceduresG-1145 and Cover Letter

An I-130 is needed with a fiancee visa application?



I am so sorry meant I-129F.And I said No as in No you don't list the G1145. Sorry for confusion.
dwheels76FemaleNigeria2012-12-03 10:10:00
K-1 Fiance(e) Visa Process & ProceduresG-1145 and Cover Letter

Hello all,

I couldn't find anything on this for my I-129F petition. Should I list the G-1145 as part of the "contents" portion of the my cover letter?

Thanks,
CM


No. You have the G1145 with check or money order attach on the top of everything than your cover-letter than the I-130, G325a and so forth.
dwheels76FemaleNigeria2012-12-02 21:46:00
K-1 Fiance(e) Visa Process & ProceduresMore then 3 Marriages

see, i have never applied for K1, before ever, this is first time i applied for my fiancee.
i have submitted all my 3 previous divorce certificate with the I-129F. but not any explaination.



Seems we are using the wrong words here. Okay you haven't done a I-129F Petition before. But you have done 3 adjustment of status which means you married and filed and did 3 , I-130 petitions is that correct?
dwheels76FemaleNigeria2012-12-03 14:58:00
K-1 Fiance(e) Visa Process & ProceduresFORM DS156K TECHNICAL QUESTION
i made 5 visits and they always check my bags and only complain about amount of food i bring but the super asked if for personal use then no problems even with 2 laptops, 2 ipads and camera but this is kinda shitty about the rings as they are for a special time in ones life
Sveta & RonMaleUkraine2012-08-27 10:24:00
K-1 Fiance(e) Visa Process & ProceduresK1 Withdrawal Request

You will have to contact the embassy by email, phone etc and also USCIS to make sure they understand that petition is no longer valid. besides if they contacted already the embassy and this contact you ex fiancee... Will she go to the interview?

One more question, what did you mean when you said "Just want to get this K1 withdrawn as fast as possible so I wont have ANY problems with my new future filipina-wife!"... Do you already have in mind of petitioning someone else? If that's the case, be careful and make sure that this case is complete closed before you petition another person.
You may find yourself in trouble if after all, your ex fiance end up going to the interview at embassy and enters USA with the k1 stamp. Are you in contact with her?


Of course she wont do that bec if she wanted to do that she would've already done that LONGGGGGGGG ago.... yes, I'm well aware that I need to get this completely closed before petitioning someone else why else would I be on this forum trying to find out precisely what I should do next?! My ex-fiance has NO MONEY to even pay for medical and without any of the required NOA2 docs (letalone the fact i never sent her anything else), there is absolutely no way anything past the NOA2 could've happened!
BughouseMasterMalePhilippines2012-11-07 14:04:00
K-1 Fiance(e) Visa Process & ProceduresK1 Withdrawal Request
what u talking about back door?
BughouseMasterMalePhilippines2012-11-06 17:48:00
K-1 Fiance(e) Visa Process & ProceduresK1 Withdrawal Request
I'm not in Philippines right now, so could I get someone there to act on my behalf?
BughouseMasterMalePhilippines2012-11-06 16:59:00
K-1 Fiance(e) Visa Process & ProceduresK1 Withdrawal Request
Hello,

I sent a withdrawal request about 2 months ago (or more!) and finally got something back in the mail on the 26th of Oct saying that NVC completed the processing of my visa petition & forwarded it to US Embassy/Consulate General in Manila, Philippines but they said that

"Since your petition has already been forwarded for final processing, the NVC is unable to grant your request to withdraw the petition. Consequently, the NVC has sent a request to the assigned US Embassy or Consulate General to return your petition to the U.S. Citizenship and Immigration Services (office where it was originally submitted for further processing."

So my question is........ what should I do now to EXPEDITE the withdrawal of my K1? Just sit and wait? Furthermore, nothing can take it further even if they say it's in final processing because my ex-fiance never went for medical, interview, or anything. My petition just got accepted for NOA2 months ago but nothing was done besides me filing the withdrawal. Just want to get this K1 withdrawn as fast as possible so I wont have ANY problems with my new future filipina-wife!

Thank you...
BughouseMasterMalePhilippines2012-11-06 15:46:00
K-1 Fiance(e) Visa Process & ProceduresAnxious and Worried

W2s are issued by the employers with company name and address on them. They are used to file 1040 forms. It can be used to verify a 1040, and the issuing employer can be matched with what the petitioner documents in the I-134 or other forms that require listing employment history.



ohh... thanks for the info :)
pigmonkFemalePhilippines2012-11-12 04:17:00
K-1 Fiance(e) Visa Process & ProceduresAnxious and Worried

With your fiance's current sustainable income (considering it's only him plus you) you should not have any issues with the CO.

Good luck!


Thanks Tintin and Mike! At least, my hopes are getting high :dance:
pigmonkFemalePhilippines2012-11-11 23:25:00
K-1 Fiance(e) Visa Process & ProceduresAnxious and Worried

thats what i was thinking too, but i saw the actual 221g and they are asking for it.
does your fiance have any properties or savings ? if he has then you need to bring proof of it to support his income . what you can do is try to relax because at this point in time we cant do anything about it but surrender it to God. Have faith and know that things will be ok :)


well no, he is just renting a place, and he will be graduating in March 2013 in criminal justice. the 2009 and 2010 tax return are above the poverty guideline and 2011 is only 18714. Although, He put the amount written in his employment letter in his affidavit of support which is 21,000$. His parents passed away, and siblings live in diff country so co-sponsor is never an option.

Sucks to be me right now :huh: . He is actually worried too, and im telling him that we will be fine, when infact I am more worried myself. i'd rather keep the worries to myself.
pigmonkFemalePhilippines2012-11-10 23:39:00
K-1 Fiance(e) Visa Process & ProceduresAnxious and Worried

just bring sufficient evidences that he is able to support you when you get there, you can bring his bank statements, declare the amount of the properties he own and dont forget the w2.

i met someone at the embassy last friday during my interview and her fiance's tax wasnt enough too but she was only given a 221g which is just requesting for w2 and sufficient income to support 2 households.

Dont stress out too much, keep on praying and have faith :) God bless :)



hi rochelle,

i was just wondering why they were asking for her fiancee's w2.. the amount written in tax return form is the same as in w2 right? So what's the use of w2?

My fiancee's 2011 1040 states 18714, and thats the same amount delared in his 2011 w2..

do you have any idea about it? :help:
pigmonkFemalePhilippines2012-11-10 20:53:00
K-1 Fiance(e) Visa Process & ProceduresAnxious and Worried

6 months worth of recent paystubs is a good way of proving his current income, and they reflect that he's above the minimum income. Many months have passed since getting that tax return anyways, and paystubs are up to date.



Thanks. I have 3 latest months pay stubs. He requested copies of his previous pay stus but the employer cannot produce anymore. So he just requested the history of payments made by the employer to him monthly. it's kind of spreadsheet, with her employer's signmature. U think its ok?
pigmonkFemalePhilippines2012-11-09 23:38:00
K-1 Fiance(e) Visa Process & ProceduresAnxious and Worried
thanks for the info!

im just worried because manila doesn't accept co-sponsor

Exactly. You'll be fine as long as his current income is OK and he has submitted a letter from the employer?


yes, i have his letter from employer. And also pay stubs. Im really getting paranoid over this... :(
pigmonkFemalePhilippines2012-11-09 20:33:00
K-1 Fiance(e) Visa Process & ProceduresAnxious and Worried
Any one you know with the same problem?
pigmonkFemalePhilippines2012-11-09 11:32:00
K-1 Fiance(e) Visa Process & ProceduresAnxious and Worried
Hello Dear friends,

My interview will be on nov. 26. All my documents are ready, BTW im the benifeciary.

I am just really worried about my fiancees tax return of 2011. It is just 18700. although, his 2010, and 2009 is way over it. What he wrote in the affidavit of support as current income is the amount writtten in his employment letter, which is btw 21,320. I also have his 6 months pay stub.

im worried that we got denied because of his 2011 tax return and the consul might not consider the things that support his current income. :wacko:


Any comments on this?
pigmonkFemalePhilippines2012-11-09 03:13:00
K-1 Fiance(e) Visa Process & Proceduresannulled applicants
hi, you can ask one of the VJer here who had undergone psych evaluation.

here is the link for their post about it
http://www.visajourn...84#entry5750484

you can ask them about your case.

Edited by pigmonk, 22 November 2012 - 11:55 PM.

pigmonkFemalePhilippines2012-11-22 23:54:00
K-1 Fiance(e) Visa Process & ProceduresInterview Visa Approved or denied?
in a coupla days, have the USCitizen Petitioner call the DoS Hotline, asking for casefile status.
DarnellMaleChina2012-07-24 20:24:00
K-1 Fiance(e) Visa Process & ProceduresHave MNL Number from NVC letter dated 07/03/2012
Wally G's the Man!™

Please follow his most powerful post at :
Wally G http://www.visajourn...dpost&p=5369357

it's yer new Bible for the next few weeks. 8/13 is sneaking up.
DarnellMaleChina2012-07-27 20:49:00
K-1 Fiance(e) Visa Process & ProceduresHep-b and visa application
what country will she interview in ? i ask, cause your flag is confusing
DarnellMaleChina2012-07-29 20:59:00
K-1 Fiance(e) Visa Process & ProceduresNo Boarding Passes
do you have any bag tags?
DarnellMaleChina2012-07-29 15:10:00
K-1 Fiance(e) Visa Process & ProceduresPregnant Fiancee
IMO, you could ask for the expedite, roll the dice, see what happens.

Coupla things to do/include:

1. a cover letter requesting the expedite and the reason for expedite
2. medical documentation about the pregnancy
3. write on the outside of the mailing package - I-129F - Expedite Requested

Edited by Darnell, 31 July 2012 - 09:37 PM.

DarnellMaleChina2012-07-31 21:37:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit Support Literature
there are 2.
The I-134 for a K-1 visa is not enforceable,
and the I-864, used for a green card and IR/CR visas, is enforceable.
DarnellMaleChina2012-07-31 21:30:00
K-1 Fiance(e) Visa Process & ProceduresPacket 3 sent out from Guangzhou consulate but not received yet
This would be a great time to review the GUZ IV P3 shortcut, over at http://www.visajourn...GUZ_P3_Shortcut

Good Luck !
DarnellMaleChina2011-04-21 17:24:00
K-1 Fiance(e) Visa Process & ProceduresAnybody can answer my question?
same guy? new I-129F petition? no problem.
DarnellMaleChina2012-08-08 02:34:00
K-1 Fiance(e) Visa Process & ProceduresK-1 denied :(
Interpreted Literally, The Bible™ is saying that the Man must come to the Woman. There's a journey involved, for the man . The woman is not to facilitate that journey, for the man.

Please get to 3 other biblical scholars in your area, not associated with your church, and ask for another interpretation, soonish.

No my pastor did not give me instructions, only felt that I shouldn't go over first because the bible says A man who finds a wife finds a good thing and recieves favor from the Lord. I was only being obedient. My fiance and I respect men and women of God. I beg to differ praying will get me approved whether you believe it or not. God gives us delays sometimes because at the time we want something it may not be time to receive it, He knows best, but does that mean I should stop praying and having faith when I do not get what I want when I want it. It doesn't work like that. God is an awesome God and He holds all the power and NOTHING is impossible with God. All the proof was there just not the face to face time, but like I said God knows best. Thank you we will be together soon by the grace of God.


Edited by Darnell, 07 August 2012 - 08:17 PM.

DarnellMaleChina2012-08-07 20:17:00
K-1 Fiance(e) Visa Process & ProceduresK-1 denied :(

Hi man, what if they have met in person and eventually meet the requirements of the USCIS, do such flags still be raised especailly age difference?

Age difference is a huge red flag in Morocco, Casablanca IV Unit, when the USCitizen Petitioner, female, is right at the final edge of her child-bearing years, with the foreign fiance, male, being in his mid-twenties.

Huge Red Flag.

USCIS won't care.

The IV Unit in Casablanca, OTOH, will care, as this one thing pegs the meter for intended visa fraud.
DarnellMaleChina2012-08-07 20:14:00
K-1 Fiance(e) Visa Process & ProceduresK-1 denied :(

The K-1 was denied which I knew would be a possibility since we hadnt met physically. I already know some people may say how can you marry someone you never met. Like they say you just know when that particular person is THE ONE. Although we had a delay we know God will answer our prayers. We may not always understand the delays in life but we serve an AWESOME GOD who knows what is best for us and when its the best time for us to receive it. We were being obedient to my pastor who said let him come over first and we did the hardship waivers and medical records but to no avail. But this time Im going to Nigeria and I can only go by what God and his and my heart tells us to do. We still have faith and will continue to trust and believe God is going to bring us together. We will not give up on one another, I will continue to give God all the glory and praise.

Philippians 1:6
And I am sure of this, that he who began a good work in you will bring it to completion at the day of Jesus Christ.


I am sorry to read what you've written. Fulfilling the requirements , to be ABLE to file the I-129F, is paramount, prior to filing.

It seems you skipped that step. Did this AWESOME GOD mention that it'd be OK with USCIS? If so, please write more about this.
DarnellMaleChina2012-08-07 20:08:00
K-1 Fiance(e) Visa Process & ProceduresAny Requirement For Education Level?

I couldn't see anywhere on the various forms where it address the level of education.

Is there as such that I missed?

requirement? no.
Can list things on the G-325-A
DarnellMaleChina2012-08-08 19:30:00
K-1 Fiance(e) Visa Process & ProceduresWho to write the I-129F Check Fee out to?

Page 4 of the I-129f instructions tells you who to write the check out to. Here is the link to the instructions: I-129f Instructions

Uncle Spooky Turtle would have mentioned that, eventually....

So, with the reference to the instructions, it's a great idea for the OP to reread all of the instructions again, as it very well may be, that the OP missed something else from the instructions.
DarnellMaleChina2012-08-09 06:05:00
K-1 Fiance(e) Visa Process & ProceduresWho to write the I-129F Check Fee out to?
make it out to Uncle Spooky Turtle.
Once he cashes it, he'll tell you how to fill out the 2nd check, to the proper entity.

Spooky Rocks !
DarnellMaleChina2012-08-08 21:38:00
K-1 Fiance(e) Visa Process & ProceduresWhen Can i apply for a social security card to add her to my health insurance

When can we apply for my wife's social security card?


You cannot.


SHE, otoh, can.

study the I-94, there are two dates on it.

she can apply 21 days past issuance, all the way up to 2 weeks prior to expiration.

Is I-94 also needed for CR-1 to remove conditions and apply for SSN?

I-94s are not issued for CR-1 visa holders.

to apply for a SSN, show up at SSA office 21 days past the POE date.

To remove conditions, wait 641 days past green card issuance date, then apply.
DarnellMaleChina2012-08-11 16:28:00
K-1 Fiance(e) Visa Process & Proceduresmarrying at exactly90th day
and? 'she' mentioned 'that' was the correct way.
Which is patently false.
Which smacks of stupidity.
DarnellMaleChina2012-08-11 16:31:00
K-1 Fiance(e) Visa Process & Proceduresmarrying at exactly90th day
IO's have no gender. Of 'whom' are you speaking?

I am speaking of a poorly trained IO, one who's tripped the 'stupid' meter.
DarnellMaleChina2012-08-11 16:15:00
K-1 Fiance(e) Visa Process & Proceduresmarrying at exactly90th day

For example, we got married after about 30 days, filed in the next thirty before the 90 days were up. the IO commented on the fact we did it within the 90 days and specifically stated it was the correct way to do it and better to do it that way. Maybe her opinion but still the is the IO. Never wait till the 9th hour when the government is involved.


This IO needs more training, alas.

There was never any requirement, rule, or regulation that stipulates on must FILE the AOS package prior to the I-94 expiration date.
You found a stupid human.

Ignorance can be fixed, but stupidity only lessened when a human is removed from service™.

Edited by Darnell, 11 August 2012 - 03:33 PM.

DarnellMaleChina2012-08-11 15:32:00
K-1 Fiance(e) Visa Process & Proceduresmarrying at exactly90th day
they? no. It's on you to know them, already.

If you not know them, please study a bit more, as this stuff is important.
DarnellMaleChina2012-07-29 22:49:00
K-1 Fiance(e) Visa Process & Proceduresmarrying at exactly90th day
there is no rule or regulation for WHEN to file the AOS.

There is a rule for WHEN to get married.

Please do not confuse these two things.
DarnellMaleChina2012-07-29 21:59:00
K-1 Fiance(e) Visa Process & Proceduresmarrying at exactly90th day
be safe. marry at court on day 62.
DarnellMaleChina2012-07-29 21:30:00