ForumTitleContentMemberSexCountryDate/Time
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
K-1 Fiance(e) Visa Process & Procedureski 221(g) asking for co sponsor

That's true but you still don't sign an I-134 and then some second document that releases you from the obligation. After arrival and marriage SOMEBODY who is qualified is going to need to sign the I-864 or the K1 visa holder will never have work authorization or a green card and will become an illegal alien. Some distinctions ultimately make no difference. This is one of them.


But this gives the couple what they're seeking in the short term, that visa enabling the beneficiary to join his/her petitioner and marry, and gives them additional time to either have suitable employment for the USC to sponsor on his/her own or to find a co-sponsor that is willing to sign the I-864. Its not unheard of to wait some time after marriage to AOS.
Minya's wifeMaleHungary2010-12-22 00:11:00
K-1 Fiance(e) Visa Process & ProceduresVisa
English only please in the visa forums, so everyone reading could possibly help with your questions. If it is something country specific, you may try the regional forum for your country/are of the world....they can best help you there.
Minya's wifeMaleHungary2010-12-22 01:27:00
K-1 Fiance(e) Visa Process & ProceduresI-129F question 18 - Meeting in person
The personal statement is for the purposes of documenting that the petitioner and beneficiary met at least once in the two years before (preceeding) the filing of the petition. It does not really require 'romantic' details. Ours was one paragraph...it stated that date and circumstance under which we met (w/ the date being w/in the two year guideline). The separate sheet is advised if you do not have enough space for your statement in the text box provided for this question (#18) and given the small size of the box, most people use a separate sheet, title it with the question # and proceed to write as much or as little as they see fit.

For the record (as well) we were approved at USCIS in a timely manner w/ no RFE's.
Minya's wifeMaleHungary2011-01-04 10:01:00
K-1 Fiance(e) Visa Process & ProceduresEvidence... your opinion plz.
Would calling cards, that offer a printable on-line call log work? I used one calling card which offered an online log, and when it came time to use this as proof, I printed the online log, which showed the date, the number I called, and the duration of the calls. Just an idea....
Minya's wifeMaleHungary2011-01-09 23:00:00
K-1 Fiance(e) Visa Process & Procedures221 g EVIDENCE OF CURRENT INCOME

Hi everyone i am new here in visa journey.Hope some one could help.First of all I would like to ask what is really the required income for a household of 4?I was interviewed but then I was given a refusal letter and need to submit evidence of current sustained income. My fiance's previous income were very low he couldnt work full time due to his heart bypass surgery but this year he is able to do so.We already submitted everything that we think as proof of sustained income.He is a self-employed contractor.We submitted an employment letter, check from his tenant, no checks or pay stubs coz he is paid on cash but its stated on his employment letter and his ITR for 2010 we were not able to send it because filing it still on mid January that we think could delay the process. These would be enough? We did not wait for the ITR for 2010 because we want to make an earlier results coz my medical will expire on the 29th of January we don't want to do the medical again because of that sputum and culture exam and waited for 2 months thank God it was negative.I submitted those through a courier as instructed by the USEM how many days is the waiting period?Please help.We are so near yet so far.Hope next year is a good year for us. I want to be with my fiance as soon as possible.

THANKS AND GOD BLESS EVERYONE.HAVE A BLESSED NEW YEAR!!!!


For a household of 4, @ 100% of the federal poverty guideline, the income requirement is $22,050, and @125% its $27,563.
Given that mid January is only a couple of weeks away, I would think of filing the income tax return earlier if at all possible. Given that your fiancee is self employed with a cash based income source, it can be difficult to demonstrate income definitively, but submitting a recently filed income tax return accepted by the IRS may just give you that "evidence of current" income you need.
Minya's wifeMaleHungary2010-12-30 08:55:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Denied

And I do have a marriage certificate approved by the Canada and lawyers permit to get marriage. Is this enough to prove them that I met my fiance for the past two years?


What do you mean marriage certificate? Are you married?

The underlying condition of the I-129F is that you the petitioner prove w/ documents that you have physically met your fiancee at least once within two years from the time you file your petition. So a hotel receipt, dated within two years from now would work...atm receipts showing transactions in your fiancee's city/town would work, airline boarding passes to your fiancee's city would work....any other such evidence that is considered by USCIS as "primary" evidence, establishing that you met. Photographs, BTW, no matter that they are date stamped, are considered secondary evidence.
Minya's wifeMaleHungary2010-12-30 16:23:00
K-1 Fiance(e) Visa Process & Procedurescanceling k-1 petition

A K-1 petition is for couples who are engaged and plan on being married. Since you stated your being rushed into a marriage decision with the K-1 and you have a girlfriend, not a fiance, it is not the correct visa for you. If you get to the interview portion and are honest about not being engaged, the visa will not be approved.


Except that there is a small issue of misrepresentation, since there is a Letter of Intent to marry from both the petitioner and beneficiary which accompanies all I-129F petitions. This letter is a declaration that you're in a fiancee relationship and have intentions to marry. So if you write this letter, sign it and send it in, but several moths later you are "honest" and state that you are not engaged, you've misrepresented yourself.....big no-no!!
Minya's wifeMaleHungary2011-01-09 23:15:00
K-1 Fiance(e) Visa Process & Procedurescanceling k-1 petition

i just got the receipt of k-1 applicaiton, now waiting, but now i heard that applying for Student visa for my girlfriend might be better off so she can stay here as long as she is in school and we won't be rushed in to marriage decision.

so I want to know is it bad to cancel the petition and have her apply for student visa? will the petition leave a record and immigration will notice and reject her student visa?

thank you, just want to know the pros and cons.


Before you rush to cancel that K-1, I would research the student visa route. Not sure, but its not just as simple as "she can stay here as long as she is in school". Its not as simple as presenting yourself to your 'local' US consulate and applying for a student visa.
You should start with this link.
http://travel.state....types_1268.html
Minya's wifeMaleHungary2011-01-09 22:46:00
K-1 Fiance(e) Visa Process & Procedurescancellation of K1 status after entering the USA

hello

I am in america with K1 status now. it has been for 2 months since i entered USA with K1. i found that things will not work out. so I start to think about going back to my country (Japan) in 90 days come.

i have read that if i leave USA before 90 days come, my status is automatically expired.
I am wondering if i need to fill out some papers to hand in for cancelation of marriage? and if i will be out-of status aline if i leave USA in 90days without informing to USCIS?

it is very hard to make decision since i have been with my fiance for 10 years.(we had long distance relationship)

Please advise

thank you,


the section in bold above is confusing...have you married since entering the US on the k-1? If not, then leaving the country before the 90 day period allotted on you I-94 is the proper procedure...
Minya's wifeMaleHungary2011-01-12 02:00:00
K-1 Fiance(e) Visa Process & ProceduresNOA2 approval beats the average
petitions with Cuban beneficiaries tend to be approved much faster than others....I remember when we were waiting for the i-129 to be approved, I had barely received our NoA1 and someone w/ a cuban fiance who had mailed their petition at the same time as me was already posting their NoA2 receipt news. I believe the second phase, the time to interview is much longer however....you may want to check the timelines for that.
Minya's wifeMaleHungary2011-01-15 00:30:00
K-1 Fiance(e) Visa Process & Proceduresi got this letter from uscis

i agree with you sam with every word you say , but why its faster i think it more hard , like i see it we are couples which cant prove we are engaged so how it will be easy to prover we married lol , just my oppanion


Your timeline is a bit confusing. So your wife (fiancee at the time) filed an I129F, it was approved, you had a visa interview and was told you were approved...but then your passport was returned to you with a K-1 visa in it which was stamped CANCELLED? Did something happen between the interview and when they mailed your passport to make them retract the initial approval? I have never heard of a consulate actually issuing a visa (taking the time to put it in the passport) only to cancel it. This is a bit unusual.
The replies you received to your initial question are spot on. The letter you received is just basically a 'closing-out' of your case...your status is now changed to married, so you would no longer be eligible for a K-1 visa anyways. So just file the I-130 and go the CR-1 visa route. It is another round of waiting, but you would have the same amount of waiting if you had received a NOIR/NOID as well...so at least now you know that you're separated and waiting, but with cause...not in limbo as you would have been waiting on the NOIR/NOID to be adjudicated.
Minya's wifeMaleHungary2011-01-14 20:32:00
K-1 Fiance(e) Visa Process & ProceduresLesson Learned on Status Update

So far what we have done for consulate is this:

Me:
Sent via express mail I-134 with cover letter and these things:
Copy of annuity amount letter from Office of Personnel Management (yes I make enough)
Copy of birth certificate
Updated Letter of Intent to Marry with consulate address on it
Copy of latest bank statement

I sent to her in PDF via email: All boarding passes and these things:
luggage receipts, hotel receipts
copy of credit card bill containing airline and hotel charges
copy of transcripts for tax returns for last 3 years
copy of passport bio pages and visa stamps/stickers
copy of receipt for currency exchanges made at Chinese bank
copy of OP-169
screen images of our video chats with us looking oh so happy and smiling.


I suggest one more thing - an evolution of relationship letter. EOR

You should cover, among other things - the COMMUNICATION ABILITY between you two. NOT so much which mediums you use - ie telephone, IM, email, postal mail, but in WHAT LANGUAGEs, and her ability for English, your ability for Mandarin/Putongha/Hokkien/Cantonese/her local dialect.

Here's an example - http://www.visajourn...dpost&p=3995116

GUZ IV 'dings' interviewees about COMMUNICATION ABILITY, will either send blue slip or white-slip-outright denial (not a bonafide relationship) - and the EOR is useful.

Most people have that notarized - some do it in USA (easy - go to bank, get notary stamp) then some ppl do it at GUZ IV unit during the ACS appointment.

The 'end game' is when she hands it over to the VO, on Interview Day. If the USC fiance is there in Guangzhou with her - hey ! give her yer passport - she hands the passport over with the EOR letter folded lengthwise inside of it, to the VO.
DarnellMaleChina2010-07-29 07:39:00
K-1 Fiance(e) Visa Process & ProceduresLesson Learned on Status Update
So what is she supposed to send once GUZ mails the P3 to her? I think DS-230 Part I, the checked OP-169, copy of Passport bio page, and mailing label. Is this my Final Answer? I don't know, I'm confused. You tell me. Yup that's yer final answer.

The 'mailing label' is an EMS mailing label. EMS is China's 'fast mail' - similar to USPS PRIORITY and EXPRESS service.

Can get EMS label in most cities, at the POST OFFICE, in China. The cool thing (for you) about EMS, is that there are TRACKING #'s, and you can track it all over at http://www.ems.com.c...ode=gotoSearchE

Man ! If you want to 'stress test' it further - hey ! Draw a Venn Diagram© . No, I'm not kidding, as I use those daily.

Edited by Darnell, 29 July 2010 - 07:31 AM.

DarnellMaleChina2010-07-29 07:28:00
K-1 Fiance(e) Visa Process & ProceduresLesson Learned on Status Update
are you prepped / is she prepped - for the P3 shortcut ? :D
DarnellMaleChina2010-07-28 20:02:00
K-1 Fiance(e) Visa Process & ProceduresLesson Learned on Status Update
ok - that was one person. how strange. did you hook up with a supervisor ?
DarnellMaleChina2010-07-28 17:50:00
K-1 Fiance(e) Visa Process & ProceduresLesson Learned on Status Update
oh. some clarity. NVC knows 'how' it was sent, SAFEFILE SOLELY or 'DHL with SAFEFILE'. You might have to badger the Tele-Operator to dig, go to 2nd page of screen, or ask for supervisor. IMO, DOS won't know exactly HOW it was sent.

SAFEFILE ain't email.
DarnellMaleChina2010-07-28 09:41:00
K-1 Fiance(e) Visa Process & ProceduresLesson Learned on Status Update
I do hope you get SUPER Lucky - ie - the casefile sent over SOLELY VIA SAFEFILE.

If that's the case, then no DHL, no mucking about with China Customs, no longish wait before GUZ IV actually receives the casefile.

I've got my fingers crossed for ya !
DarnellMaleChina2010-07-27 22:51:00
K-1 Fiance(e) Visa Process & ProceduresLesson Learned on Status Update
For penance, you must practice cooking jiaozi this weekend, about 200 , give away to homeless shelter.
DarnellMaleChina2010-07-26 22:33:00
K-1 Fiance(e) Visa Process & ProceduresNOA1 taking some time
keep checking yer bank, see if the check was cashed, or if you sent in a money order, check with the issuing company, see when it was presented for payment.

other than that, hey - 30 days is the 'published guideline' from USCIS - but even that isn't 'gospel' for yer specific case - as it all depends on 'caseload' from the mailroom and USCIS.

Any address problems? Have you moved recently?

IMO, have an 'official freak out' on Day 45.
DarnellMaleChina2010-07-29 08:48:00
K-1 Fiance(e) Visa Process & ProceduresPutting K1 on hold at packet 3
Here's another K-1 at GUZ that delayed - about 6 months..
http://www.visajourn...8-kongfu-panda/

Click in the 'about me' section to read up on their timeline.
DarnellMaleChina2010-07-29 17:14:00
K-1 Fiance(e) Visa Process & ProceduresPutting K1 on hold at packet 3

just to add an update after getting an email from Guangzhou

"Thank you for your email.
Please be advised that the time limit for returning packet 3 documents is one year. The packet 3 was sent to Ms. **** on July 1, 2010, so Ms. **** needs to return all the required complete document back to the consulate by June 30, 2011 to continue her visa application. Please note that completion of this step is required before she can make a formal application for her visa.
An approved K1 visa petition is valid for a period of four months from the date of Department of Homeland Security (DHS) action, and it may be revalidated by the consular officer, provided the officer concludes that you and your beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after she goes to U.S.

Sincerely,
Immigrant Visa Unit
U.S. Consulate General Guangzhou"


This is a bit confusing, as NOA2 validity date is October 2010


It shouldn't be confusing at all, really.

GUZ IV does automatically 'renew' the validity period, but is usually done because of 'hold at China Customs warehouse'.

At this point, if you'd really like to pursue the relationship and subsequent marriage, and do wish to hold off a bit on 'immediate filing' to GUZ IV - then make sure that you email them back, state your intentions CLEARLY for wanting to pursue the relationship and subsequent marriage - and THEN they will put a flag in her file, to keep delaying the process on her behalf. And that's OK !

It really does hinge on intent, though (the two of you). So - you have some time to figure out what yer intent is, yes?

The 'formal application for the visa', for a K-1, is a COMBINATION of the DS-230 (part I) and the DS-156 and DS-156K. The submittal of that P3 packet, the DS-230, is not all she needs to submit, but it IS required to be submitted back with the OF-169. IMO, this required complete document is the DS-230 and the OF-169, or the Packet 3 documents.

The DS-156 and DS-156K are submitted by hand, on interview day.

For now, don't sweat the 'validity date' that you got from NVC - GUZ IV has power to extend this on their whim - it's up to you to showing reason for 'why to extend' so they can 'engage their whim' on extending. It really is straightforward, seriously !
DarnellMaleChina2010-07-29 12:50:00
K-1 Fiance(e) Visa Process & ProceduresPutting K1 on hold at packet 3

When did they start using DS-230 for K-1 Visas?


Not sure 'when' - but I've been tracking stuff going back to 2004 - and I know GUZ IV required it SINCE THEN.
DarnellMaleChina2010-07-24 14:28:00
K-1 Fiance(e) Visa Process & ProceduresUSA is now Arizona
Bluewolf - this is a major revelation - and I think needs it's own topic in the CR-1/IR-1 forum. plus a new wiki topic. asap. xie xie ! Will PM later.. You've done some stellar research, but we shouldn't hijaak this topic, too much, aye?

Edited by Darnell, 30 July 2010 - 10:13 PM.

DarnellMaleChina2010-07-30 22:11:00
K-1 Fiance(e) Visa Process & ProceduresUSA is now Arizona

Fact is, sounds like you didn't read the rules, and quite frankly it's no one's fault but your own if your divorce wasn't finalized, the instructions are pretty clear on that and even the USCIS call center goons know that.

Geez - he explained it was a typo - divorce finalized in 2009, not 2010. Please read all, yes?

Edited by Darnell, 30 July 2010 - 06:28 PM.

DarnellMaleChina2010-07-30 18:23:00
K-1 Fiance(e) Visa Process & ProceduresUSA is now Arizona
Hey Bob - It's my understanding that anything submitted with initial I-130 submittal snakes it way, in toto, from USCIS to NVC to GUZ IV, as whatever else you filed, with initial submittal, becomes part of the casefile, automatically.

So, with concept of front-loading on initial submittal - anything you put in with the I-130, is in the casefile at GUZ IV prior to interview day, and YES - the Visa Officers DO REVIEW everything in the file, prior to interview day.
DarnellMaleChina2010-07-30 17:51:00
K-1 Fiance(e) Visa Process & ProceduresUSA is now Arizona
Good Lord - that is absolutely 'blank', so straight-up 221(g). Crikey.

Sorry to say, that K-1 is 'done' for now. You know what to do, though - and you've got a plan.
IMO, the CR-1 will have more weight to it - but do plan for 2 more trips after marriage.
DarnellMaleChina2010-07-30 16:51:00
K-1 Fiance(e) Visa Process & ProceduresUSA is now Arizona
any news on what was in the white slip?
DarnellMaleChina2010-07-30 16:17:00
K-1 Fiance(e) Visa Process & ProceduresUSA is now Arizona
Coconuts, that's yer choice - but I do hope you've taken notice of HIS APOLOGY, as well.

And to be honest, I wasn't TELLING - I was asking. Not the same thing, I know, but hei.

Edited by Darnell, 30 July 2010 - 01:52 PM.

DarnellMaleChina2010-07-30 13:49:00
K-1 Fiance(e) Visa Process & ProceduresUSA is now Arizona
Hey guys - just a quick check in.

You need to recognize that Guangzhou Immigration Visa Unit is one of the hardest in the world, is a high-fraud country - so the criteria utilized is much harsher than most other places.

Also, 'reporting back' to the Interviewee on 'exactly why we are issuing you a denial' is never done - usually, the most a person gets is 'not a bonafide relationship' and that's that. Filing a FOIA request takes months to get back, and rarely can see actual case notes on the casefile for interview day.

Even with that said - cut y2Catalyst some slack - as he's just had the biggest emotional bomb in his life. Seriously. Cut the man some slack. In a few days, or weeks, he'll be calm enough to be focused on the 'next thing to do' - but for now -

Cut him some slack - he just got a 'white slip' at one of the toughest MF'ing IV units in the world.

Seriously.
DarnellMaleChina2010-07-30 13:35:00
K-1 Fiance(e) Visa Process & ProceduresUSA is now Arizona
well, there's 'other cases' to consider, too, not only your 'Best Case', ya?

you could wait it out, for it to be returned to USCIS or file a new K-1 next week, or go back to China, get married, file an I-130, or go back, get married, live for 6 months, file DCF'd I-130...

IMO, is fastest to file a new K-1, front-load the heck out of it, but do try to find out exactly WHY it was denied, so you can address that IN the new I-129F.

I know it's hard, so frickin hard, to bear this news - I get it, I really do.... I can feel yer pain cross the ether, as well...

In prior years, would have been possible to have it held at the GUZ IV unit, submit something else, have an attorney get involved at this stage - but those days are long gone.

Anything amiss with the document screeners? God I hope not. I also hope no 'third party correspondence' from any krewe of haters in China... grrrr
DarnellMaleChina2010-07-30 01:14:00
K-1 Fiance(e) Visa Process & ProceduresUSA is now Arizona
I am so sorry and sad for this news... Any word on what was in the white slip? Sometimes they'll give a 'call in letter' to give more evidence, but it's white, as well.

Any word on 'who' the VO was? (gender, apprx age, hair color, ethnicity)
DarnellMaleChina2010-07-30 00:56:00
K-1 Fiance(e) Visa Process & ProceduresAge and K1

makes sence yes, i know for the I-864 he has to be 18. ugh gusse we have to wait :(


Not necessarily (have to wait) . Work up a calendar with his 18th birthday, map out things/occurences backwards in time
and remember -

do NOT need to file AOS within 90 days of entry into USA.

Edited by Darnell, 02 August 2010 - 09:36 PM.

DarnellMaleChina2010-08-02 21:35:00
K-1 Fiance(e) Visa Process & ProceduresAge and K1
any k-1 files the I-134, on interview day - is another 'affadavit of support' - but check out that document, instead of the I-864.

You'll need to qualify on the I-134, as the sponser, or get a joint/co-sponser.
DarnellMaleChina2010-08-01 21:06:00
K-1 Fiance(e) Visa Process & ProceduresEntering as a "Visitor" after K-1 granted?
ya, there have been some reports of this being 'do-able' for Canadiens...

where the K-1 visa isn't 'activated' on that 'trip across'.

Gotta be specific about it, though, at the POE.

Can't say it's 'gospel', either - as, IMO, it depends on the CBP Goon you get.
DarnellMaleChina2010-08-03 14:47:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa
Typically, no, is no impact, as is 'new petition, new visa application'.

OTOH, if you've established a pattern of trying to immigrate to USA, then this just might be an extension to this pattern, at least from the VO's eye-ball review of yer casefile.
DarnellMaleChina2010-08-03 15:55:00
K-1 Fiance(e) Visa Process & ProceduresImpact from previous K1 visa?
Hey Cliff -

in addition to 'noting her' on the I-129F petition -

I STRONGLY SUGGEST YOU INCLUDE a letter of attestation about this prior K-1, and in that letter, request a waiver from filing the 2nd K-1. IMO, though, this waiver won't be required, as the 'timetick' is 2 K-1's within 2 years. But - I've not studied up on the Adam Walsh Act or Imbra in the past few weeks, my notes are elsewhere, as well.

It may be you don't need to ask for the waiver at all, but I would include a letter of attestation about the prior K-1, regardless.

IMO, this '2nd K-1' will not be detrimental to yer lass - but do remember - Guangzhou Immigration Visa Branch handles thousands of cases each year, and they have their 'fraud sniffers' in high-gear, most of the time. That letter of attestation should 'trump' any red flag that might be raised at the IV unit in Guangzhou.

Good Luck !
DarnellMaleChina2010-08-02 20:50:00
K-1 Fiance(e) Visa Process & ProceduresProposed Civil Partnership/ Fiancee visa

We are applying for the civil partnership/ Fiancee visa to the UK


This portal focus on 'foreign country' to the USA.
Yer coming in the opposite direction -

Not sure if VJ is the right online portal for you?

Good Luck with all !
DarnellMaleChina2010-08-04 10:14:00
K-1 Fiance(e) Visa Process & ProceduresEx-spouses petitioning for fiance visa
perfect scenario for 'visa fraud', IMO -

where the foreign spouse comes to USA, gets status, then divorces after getting US Citizenship -

then 'finds the previous woman' in the 'home country'
and files the petition for her.

Is it possible to file a petition? sure !!

Will it get denied at the US Consulate/Embassy on interview day? Hard to say, depends on which country it is.

if this 'husband' is not a US Citizen, please note - only a US Citizen can file an I-129F petition.

Another issue that I smell - no record of 'divorce' from the 1st wife - so the USC will scrutinized at USCIS with the namechecks, and most likely 'denied' at USCIS due to alleged bigamy.

Edited by Darnell, 04 August 2010 - 02:09 PM.

DarnellMaleChina2010-08-04 14:05:00
K-1 Fiance(e) Visa Process & ProceduresHow should I send the K-1 package? (presentation-wise)
http://www.visajourn...ontent/assembly
DarnellMaleChina2010-08-03 16:05:00