ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresHow to reapply a denied K1 Visa? - China

also about the EOR letter how detailed should I go with it? just exsplain the begining and the present of of relationship?


Since this is the '2nd time up for interview' -

I would spend much time with the EOR letter. Try to keep it under 3 pages. Cover major timeticks such as 1--trips 2--date decision made to marry 3--time spent with her parents then other areas, as well, such as 1--communication ability between you two 2--any red flags that you are overcoming with submitted evidence

here's my 'template example', but it's 'married-specific' - http://www.visajourn...dpost&p=3995116

and here's a discussion about red flags - please review it, determine if you two have any of the listed red flags, cover them in the EOR and seperate evidence - http://www.visajourn...hl__appointment


Good Luck !
DarnellMaleChina2010-08-25 11:39:00
K-1 Fiance(e) Visa Process & ProceduresHow to reapply a denied K1 Visa? - China
If you see a 'notary requirement' for the I-134 , in the form itself -

you have a very old version.

Please get a newer version, asap.

There is no 'notarization requirement' for this form, about 2 years now. (maybe 3)
DarnellMaleChina2010-08-18 09:26:00
K-1 Fiance(e) Visa Process & ProceduresHow to reapply a denied K1 Visa? - China

Hey guys I just got the approval NOA today.

Yay ! Congrats !!! Come on Craig - please update yer timeline at http://www.visajourn...le.php?id=65668 ??

Edited by Darnell, 18 July 2010 - 10:39 AM.

DarnellMaleChina2010-07-18 10:38:00
K-1 Fiance(e) Visa Process & ProceduresHow to reapply a denied K1 Visa? - China

No I have not withdrawn it yet. How do I do so?


No No - don't withdraw the first one.

My concern was that you DID, already.

relax, you.
DarnellMaleChina2010-06-30 09:54:00
K-1 Fiance(e) Visa Process & ProceduresHow to reapply a denied K1 Visa? - China
Craig - have you withdrawn the first petition, or no ?
DarnellMaleChina2010-06-29 11:25:00
K-1 Fiance(e) Visa Process & ProceduresHow to reapply a denied K1 Visa? - China
Craig - if you have exact knowledge of why it was denied the first time, then it's useful to cover 'those things' in the EOR, with backup documentation referenced in the EOR, as well.

Sometimes - a VO will see the 2nd filing, think - OH - must be serious this time - but still evaluates the TOTALITY of the casefile. I had hoped you'd post here prior to sending it out, with 'the list' - so we could go over stuff prior to you sending it out - but...

I think you'll be ok - if that EOR is solid. I posted an EOR recently - have a look ?
http://www.visajourn...ost__p__3995116

is yours similar, by any chance ?

Don't forget - you've ONE MORE opportunity to submit an updated EOR letter, and that's ON INTERVIEW DAY. View that EOR as a 'living document', growing over time - so keep adding to it, as things progress and you take that next trip.

Edited by Darnell, 19 June 2010 - 02:03 PM.

DarnellMaleChina2010-06-19 11:23:00
K-1 Fiance(e) Visa Process & ProceduresHow to reapply a denied K1 Visa? - China
Hey Craig - you getting close ? maybe give us the 'new list', for another eyeball review?
DarnellMaleChina2010-05-28 19:59:00
K-1 Fiance(e) Visa Process & ProceduresHow to reapply a denied K1 Visa? - China
don't know squat about QQ - but I do know that Yahoo IM has a logging feature.
DarnellMaleChina2010-05-16 19:42:00
K-1 Fiance(e) Visa Process & ProceduresHow to reapply a denied K1 Visa? - China
Craig - the two of you are supposed to submit a 'letter of intent' with the I-129F submittal - two letters, one from each of you - so sure ! she can write up something about 'how much she loves you' in that (though that's not the primary function of that letter).

I think you should prep all for 'front-loading' - not 'go so fast' for new I-129F petition filing, but file it when yer ready...

I'll write more in yer topic (here) later, I promise !
DarnellMaleChina2010-05-16 16:59:00
K-1 Fiance(e) Visa Process & ProceduresHow to reapply a denied K1 Visa? - China
####### - bubba - where you been ? I was wondering about you !!!!

Sorry to hear about the denial :(

The EOR letter, IMO, is mondo important, but it's not gonna be the only thing yer gonna submit with the I-129F.
DarnellMaleChina2010-05-16 12:05:00
K-1 Fiance(e) Visa Process & ProceduresHow to reapply a denied K1 Visa? - China
In addition to 'front loading evidence' - I strongly suggest you:

1. include cover letter with the petition, listing exactly what you are including and
2. include 'Evolution of Relationship' letter. Cover 'events' with date stamps, describe how the relationship has evolved (without getting acerbic or sappy), describe the communication abilities between you two and what languages are used, and - IF you can ascertain the red flags for the first denial, COVER THEM in the EOR and what you've done to overcome those red flags.

If you'd like some 'case review' here on VJ, you'll need to tell us a bit more about the interview and that first I-129F packet and K-1 Visa Application.

'Not a Bonafide Relationship' , at GUZ, is usually a 'catch-all' category for the VO to use, as :
1. something was wrong with the paperwork
2. something was missing from the evidence
3. VO's decision on 'communication ability'

Don't take this denial 'the wrong way' - it's not that you two have a bonafide relationship or not, it's solely that the VO decided, based on what was submitted AND THE INTERVIEW itself, that there was something 'wrong' - so he/she decided to use that category for denial. Usually there is 'case review' prior to interview day, at GUZ, the VOs know who will pass and who will not pass, based on what's in the casefile. The only way to 'get stuff' into the casefile, is to FRONT LOAD IT, include with I-129F petition. Sure, it's a collection of forms for you to fill out, but that 'relationship evidence' should be included with submittal.

FWIW, a 2nd K-1 'usually' goes fast through USCIS, so you MIGHT have some faster turn-around time.
DarnellMaleChina2010-05-15 09:48:00
K-1 Fiance(e) Visa Process & ProceduresShould we contact General consulate?
The only real thing to check is
status from the DOS hotline

Please review http://www.visajourn...he-nvc-and-dos/

Dodi's posted 'how to call' and further down, I've posted 'what you can get, and when'

Good Luck !
DarnellMaleChina2010-12-07 20:57:00
K-1 Fiance(e) Visa Process & Proceduresabbrevation
abbrevation - aggrevation - same same - just a few letters difference.
DarnellMaleChina2011-01-03 17:51:00
K-1 Fiance(e) Visa Process & ProceduresWaiver for previous K1 ?

Simply send a well written waiver to explain your sitiation. Good luck


why?
DarnellMaleChina2011-01-07 11:49:00
K-1 Fiance(e) Visa Process & ProceduresWaiver for previous K1 ?

Now i am trying to play English word game: :no:


Hey Cliff :(

ya don't need a waiver, on this one.

Good Luck !
(note I did not say you needed one, or not need one, prior - NOW I'm a saying ya don't need one)
DarnellMaleChina2011-01-04 15:28:00
K-1 Fiance(e) Visa Process & ProceduresWaiver for previous K1 ?
the 'request for waiver' can be as simple as a paragraph INSIDE the cover letter that you are sending off to USCIS. IIRC, is no 'form' to fill out.
DarnellMaleChina2011-01-04 14:25:00
K-1 Fiance(e) Visa Process & ProceduresI now meet the Income requirements. What's next?
one requirement is 'proof of visit'

no proof? did you visit ?
DarnellMaleChina2011-01-12 17:06:00
K-1 Fiance(e) Visa Process & ProceduresI now meet the Income requirements. What's next?
Have you thought about the 6 month gap between I-129F filing and I-129F approval, and WHY the I-134 is NOT required on initial I-129F submittal ?

I think somethings a bit 'off' on yer calendar, but hei - file asap!

I-134 is evaluated on interview day, never on initial submittal.
DarnellMaleChina2011-01-12 14:39:00
K-1 Fiance(e) Visa Process & ProceduresK1-How long can you wait to submit a packet 3?
usually, have 1 year from GUZ IV 'Casefile opened' to 'packet 3 returned to IV Unit'.

Usually.

But must have an email conversation with GUZ IV unit, or after 4 months of 'casefile opened' time tick, they might close the casefile.
DarnellMaleChina2011-01-16 13:38:00
K-1 Fiance(e) Visa Process & Proceduresplease help me...lawyer is confusing me

Ok so I printed out all the papers to mail to uscis



If you'll note, USCIS does not have any requirement for the I-134 . The lawyer is asking for raw tax data for the I-134, and the I-134 is presented on VISA INTERVIEW DAY, at a US Embassy/Consulate IV Unit, anywhere from 5 to 11 months after yer initial I-129F filing date.

Please study the GUIDES here on Visa Journey -

train/scan/track yer eyeballs UP, find the word 'Guides', click it.
Pick the appropriate guide - and STUDY IT.
DarnellMaleChina2011-01-18 10:27:00
K-1 Fiance(e) Visa Process & Proceduresplease help me...lawyer is confusing me
lawyer is wrong. ask mother to stop paying for this lawyer, get different one.
DarnellMaleChina2011-01-17 14:54:00
K-1 Fiance(e) Visa Process & ProceduresRFE after LONG WAIT!!
are you certain it's for DNA ?

The form letter, I-797-C, coming in solely via postal mail, will state what it is -
and what you've shown us in the email notification ...

which never, ever states what the RFE is actually for.

Sorry for yer plight, though...
DarnellMaleChina2011-01-12 21:03:00
K-1 Fiance(e) Visa Process & ProceduresIRS number?
when you call and talk to HuMan™ -
tell them to FAX TO YOU.

They cannot do 'jump fax' - is impossible, sorry.
fax will show up within 4 hours, usually.
DarnellMaleChina2011-01-19 18:12:00
K-1 Fiance(e) Visa Process & ProceduresIRS number?
i likes this page - 
http://www.irs.gov/individuals/article/0,,id=110571,00.html

DarnellMaleChina2011-01-19 17:07:00
K-1 Fiance(e) Visa Process & ProceduresREQUEST FOR EVIDENCE
ya - ok ok - I've had a mo to suss this out -

coupla things to write up

--evolution of relationship letter (see my example at http://www.visajourn...dpost&p=3995116 and be aware this is for an IR-1 visa, not a K-1 visa, so refactor your letter accordingly)
--timeline with iternerary with copies of pages from the passport that show the entry and exit dates

then you need the 'white books' - these are the 'chinese to english' notarial translations of her civil documents -
the
--certificate of single and/or divorce decree
--police report
--birth certificate

white books are really cool - as inside each white book -
is a notarized, actual copy of the chinese document
plus
an english translation with an attestation statement about the translator.

but white books are optional, if and only if you have 'other' translated documents to include with the original documents. with a 'white book' the original is not needed, as the 'notarized copy' inside of it is accepted by GUZ IV.

whew !
OK - I think that's it, based on what I could suss out from reading.
Good Luck !

Edited by Darnell, 20 January 2011 - 09:14 PM.

DarnellMaleChina2011-01-20 21:12:00
K-1 Fiance(e) Visa Process & ProceduresREQUEST FOR EVIDENCE
whats the issue ?
where was this given , as well ?

joe - if you can't 'do stuff' here - would you
at least
fill out yer timeline here, purty please with curried crab on it?
DarnellMaleChina2011-01-20 12:35:00
K-1 Fiance(e) Visa Process & ProceduresWhat are the odds..

Hell, I'd gladly fly to Vancouver for my interview if it cut a few months off my waiting time!


But would you move there, this weekend?

If so, great !
Be sure to MAKE SURE that NVC knows the new address, and ask for an interview in Vancouver.

I guess yer missing my point - it isna an option 'to fly' to Vancouver -
it's the ONLY PLACE YOU CAN GO if yer 'homed' to that Consular District
and
IMO, it's a better IV unit to interview (at ) , instead of Montreal, for lots of reasons.

Want Vancouver? Move, d@mmit, Gumby !!
DarnellMaleChina2011-01-21 16:53:00
K-1 Fiance(e) Visa Process & ProceduresWhat are the odds..

It just seems that Montreal gets the majority of the cases based on where the beneficiaries are located.


seems?
Nah - that's by design.
Canada is partitioned off into US consular districts , like any other country with more than 1 US Consulate/Embassy.
Want Vancouver instead? have yer fiance/e MOVE into the Vancouver Consular District, soonish !
DarnellMaleChina2011-01-21 15:49:00
K-1 Fiance(e) Visa Process & ProceduresWhat are the odds..
K-1's to Canada won't benefit from any NVC Electronic Processing, alas.
DarnellMaleChina2011-01-21 09:57:00
K-1 Fiance(e) Visa Process & ProceduresWhat are the odds..
odds? 89.2 percent for September.
DarnellMaleChina2011-01-21 02:01:00
K-1 Fiance(e) Visa Process & ProceduresCalled USCIS
I dunno, you should get an ISO http://www.dhs.gov/x...37986181.shtm#5

then when you have an ISO - ask them to review case status - THEY can - it's on their screen.
DarnellMaleChina2011-01-21 14:51:00
K-1 Fiance(e) Visa Process & ProceduresPLEASE HELP
you need to get a human. keep at it.

oh - sorry - to 'get them faster' - go to yer local IRS office - tell the clerk you want transcripts -
they can print them there for you.

you must drive
you must go
you must go in person and
you must talk to a human™.
DarnellMaleChina2011-01-19 19:04:00
K-1 Fiance(e) Visa Process & Procedurescontact US empassy for questions
there is no US Embassy in US.

There's a DoS office, though.

When you have a mo, please update yer profile so we can know which country the foreign beneficiary is in, and which petition the USC person filed, and hopefully, the visa type the foreign beneficiary is chasing after ? Yes? No ?
DarnellMaleChina2011-01-24 17:52:00
K-1 Fiance(e) Visa Process & Proceduresvisa 90days period
ya, the 90 day period starts when you enter the USA.
you'll be issued an I-94 at the POE - pay attention to the dates there, has NOTHING to do with the VISA dates in yer passport.
DarnellMaleChina2010-10-13 22:47:00
K-1 Fiance(e) Visa Process & ProceduresNVC Received...NVC Left
*** moving to K-1 forum ***
DarnellMaleChina2011-02-05 00:52:00
K-1 Fiance(e) Visa Process & ProceduresClosed I-129F petition and has sent it to storage
hey jDale - any news? Hope all is well ! (and happy Birthday ! )
DarnellMaleChina2010-09-09 00:07:00
K-1 Fiance(e) Visa Process & ProceduresClosed I-129F petition and has sent it to storage
OK - so the K-1 that was returned to USA was lost - this K-1 was returned on NOIR/NOID.

Then you were told to submit duplicate of the failed I-129F petition.

Got it.

I wouldn't have this patience, ever.

If it was me, I'd file new K-1 after hearing of the denial at GUZ IV, and
withdraw the original K-1, all within a few days.

Sorry.


I hope some one else will chime in with other opinion about this. My opinions on it, are in post #3. Also, you might get some assistance with the Immigration Liason Staffer at your US REP / US Senators office, as everything that you've described is USCIS foolishness - an inquiry from an ILS can 'fix this' , usually.

Edited by Darnell, 23 June 2010 - 08:40 PM.

DarnellMaleChina2010-06-23 20:35:00
K-1 Fiance(e) Visa Process & ProceduresEvidence for support

thanks for the reply.

If you have enough income that will continue from the same source once you move to the USA, that can be stated on an I-134 and documented. If you have three times the income requirement in liquid assets in your own name, that can be stated and documented as well.

how much is enough ? lets say if i have between 10-15.000 dollars, is that enough.
i ask because my fiance is only a student, and only work a couple of hours, but i have earned money while studying and working in Denmark, and saved it.
but i'm not working anymore, only studying at the moment, and finished with that in january.

does it mean, that i can show papers from my bank account, showing how much i have for the interview or do i need more ?
and how about my fiancee, should she still fill out a affidavit of support ?

i suddenly got nervous about this, because i was almost sure i could just sponsor myself, when i get the k1 visa... i want to be 100% sure that i do everything right, so i can be with my fiance soon.


You have to have 3 times more in assets, than the Dept. of Health and Human Services published Poverty Guideline (for this year) for the number of persons in your family. Assuming that it is just you and your fiancee (2 people), the poverty guideline is $14,570. So in order to only qualify with just your liquid assets, you must have about $44,000. I think, depending on the consulate, you may also use a combination of assets from current employment ( your fiancee's part time work, for example) and your assets in order to qualify. But this must be verified through your consulate....in fact the allowance of self-sponsorship should also be verified first.

Edited by Minya's wife, 13 December 2010 - 11:45 AM.

Minya's wifeMaleHungary2010-12-13 11:43:00
K-1 Fiance(e) Visa Process & Procedurescomplexity of previous us resident returning on 129f

no he never removed the conditions because by then they had seperated. His 2 yr card expired mar 08 and he left oct 08


As long as he had married in good faith, and could prove this, he was eligible to remove conditions on his own, after having the divorce decree. At this point, I'm not sure which option would be best...the "overstays" on both the tourist visa and the the time period past his GC expiration would be something that may be questioned at the time of interview. It shouldn't be a reason to deny the the I-120F or I-130 (depending on which route to take) but his previous stays in the US would have to be declared all along and may be cause for extra scrutiny.
Minya's wifeMaleHungary2010-12-22 00:27:00
K-1 Fiance(e) Visa Process & Procedureski 221(g) asking for co sponsor

Of course. It also gives the couple the opportunity to be reunited and married in the USA followed by failure to secure a sponsor. They are then faced with the foreigner becoming an illegal alien or leaving the US to live abroad. Without confidence they will have a qualified sponsor, it's playing with fire. Of course, it's their risk and their decision.


IMO its not as much playing with fire as you're making it out to be. We don't know further details about this situation, only that at this time, the sponsor they have lined up is having 'cold feet' due to a belief that the I-134 is contractually binding. Its not up to us to comment on their "confidence" because there isn't enough information by the OP about that. At a minimum their need to find a suitable co-sponsor is a few months away, during which time the parameters can change, as I stated. You're entirely discounting the possibility that the USC secures a sufficiently incomed job to not need a sponsor. And even if they don't have a sponsor by the time they're married and ready to AOS...the foreigner is not an illegal alien, he/she is just out of status, but afforded the opportunity to apply for said status at any time that the financial requirements are met.
Minya's wifeMaleHungary2010-12-22 09:06:00