biggish data

Income requirements

So many people post this all the time as if it is gospel and the CO must comply with this. Not all consulates/COs will follow this I-134 rule. Many of them will use the I-864 guidelines because the K-1 is technically a non-immigrant visa but is processed and treated as an immigrant one by the consulates because the K-1 is special in that it has immigrant intent. They know the I-864 will be needed shortly after entering the US, getting married and filing for AOS. Some consulates are more strict about the financials than others. A CO has a lot of leeway about what they can accept with the I-134 and the decision is entirely up to them.

you always say things better

stevie b

Male

Fiji

2013-09-15 10:01:00

Income requirements

From travel.state.gov:

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

---

100% of the poverty guideline for 2013 is $15,510. You will need to show 125% for the green card application ("The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.") which may or may happen in 2014 depending on how quickly your application goes.

Good luck!

the PI is sticky about 134's and it is the interviewing officer who will make the call.. this is covered often in detail

they also go for the 125% with a 134 in the PI

stevie b

Male

Fiji

2013-09-15 09:42:00

K1 and SSN before marriage

You need an EAD or Green Card to work. Where are you seeing "Eligible to work"?

ricnally

Female

Canada

2014-09-17 21:29:00

K1 starter

No, not required.

ricnally

Female

Canada

2014-09-23 20:51:00

Wedding in April 1st NOA recieved yesterday

Also bear in mind that if you decide to go through with your idea of a non-binding celebration of some kind that there's also a chance that that might be the time you get denied at POE because of the suspicion that you're planning to immigrate (especially if they ask you your intent and you answer that you're going to attend something that may sound a bit shady to them--with tuxedo and wedding ring in hand, no less!). Think what a drag that would be if everyone but the groom showed up for the big, expensive party.

Edited by ricnally, 28 May 2014 - 07:19 PM.

ricnally

Female

Canada

2014-05-28 19:17:00

K-1 Timescales - Working in the USA

Bear in mind that, while you can expect to get the EAD within 2-3 months of filing for AOS, you need your marriage certificate in order to file for AOS in the first place. Some people have gotten hung up for several weeks waiting to receive the marriage cert, so be sure to clarify that with your marriage officiant/county clerk or whoever you're dealing with for your wedding.

ricnally

Female

Canada

2014-10-06 17:20:00

RFE Received

Send him a typed letter that says "I, Joe Bosnia, intend to marry Sally America within 90 days of my arrival in the U.S." and have him sign it and mail it back to you.

ricnally

Female

Canada

2014-10-10 17:14:00

Did you make sure to write your names on the back of the photos?

Yes, and on one of the ones they sent back, someone had written "I-129F". Just weird. Oh well. We'll probably never know.

ricnally

Female

Canada

2013-05-07 11:44:00

Our RFE was weird. When we sent the original petition (before finding this website) we sent pictures of us together that we had on a flashdisk. They immediately sent them back, saying that wasn't a format they could get behind, and they also sent back our passport photos (hard copy). They didn't mention anything about the passport photos, and we assumed that maybe we'd sent them an extra set by accident, and they were just returning the extras they didn't need. Now, 8 months later, we get the RFE asking for our passport photos! So we're not sure if they sent back the only set we sent, lost the other set, or there was something wrong with the ones we sent. Whatever! We went out and got new ones taken and have sent them along to them, and we'll see what happens.

ricnally

Female

Canada

2013-05-06 20:48:00

My fiance cant come to morocco because of ...... :(

Sorry to read this. Your fiance being a student and not independent from her parents means that it will be a tough road for you.

Even if you and her are on good terms & she is able to go visit you, she will probably not be able to financially petition you without a sponsor.

But good luck and best wishes. You and her need to have a good discussion about the relationship.

Ismael&Blair

Female

Morocco

2014-10-11 01:23:00

Got a RFE for the I-485 AOS after going through the K1 process. Received yday, 3/13, dated 3/5!!! Had the biometrics done on 3/8.

As seems to happen every so often: part of the application disappeared somewhere between the Chicago Lockbox and Missouri.

In our case, it was the applicant's birth certificate. And yes, it was submitted along with everything else!!!

So what gives? Perhaps they lost it. Or "misplaced" it.

But looking over the Swedish birth certificate, perhaps they just got confused.

It is not called a birth certificate but an "extract of the population register" or a "personbevis" in Swedish. Moreover, it doesn't say "date of birth" anywhere, but instead uses the "personal ID nr". This Swedish creation is like a Soc Sec nr, but it includes a person's birthdate plus a few extra digits.

Maybe the officer got confused by this.

Finally, this official document is actually in English and not Swedish. There are versions of the birth certificate in English, Somali, Finnish etc in addition to Swedish. Again, maybe the officer got confused since there was no Swedish language document and thought the original was in fact some kind of translation when it was not...

This cuts to the heart of the problem with the RFE letters we get. They do not contain enough information. We cannot tell if they lost e.g. the birth certificate or if they simply weren't satisfied with what they received. A quick phone call or e-mail could resolve this, but that seems impossible via the MISinformation line.

Anyone had success with a service request? Just calling and getting some answers. Something like "please look at the evidence I sent you. OK. That thing called extract of the population register is actually a birth certificate. You can verify this through the US Embassy in Stockholm or various other sources. OK? Thanks."

Anywho, sending the birth cert again, along with a letter explaining that it IS a birth certificate. Also, we've included printouts from the State Department and Swedish authorities explaining this. Good grief....

Johnnie Oz

Male

Sweden

2008-03-14 14:40:00

what documents require the form I765 and I864

what additional required supporting documentation need the form I765 and the form I864

firegirl1788

Female

Dominican Republic

2014-10-09 16:19:00

http://travel.state....toreq_5334.html

Hi,

Just wanted to see if anyone else had received the same Request for Evidence that we did....

We were transferred from Vermont to texas in the May transfers. Got a Request for Evidence on the 2nd July and received the paper copy on the 6th July.

They are requesting more passport photos? We made sure we provided one passport photo for each of us with our names on the back, placed in a bag and placed behind the G325A. I have rechecked the USCIS website to check this is still correct...it is.

Anyway the RFE says

PHOTOS

Please submit TWO IDENTICAL PASSPORT STYLE PHOTOS

*Using pencil or felt pen, lightly print the name on the back of the photo

*Enclose the photos in a paper envelope

*Staple the envelope to this notice when returning it to this office

I wonder why they want more photos? Also do you think they want photos from both of us or just the petitioner or just me? It's a good job I got some more done the last time I was there but still have to get them sent to my fiance before he can get it all sent off.

More delays....

It may be that the photos are now over 6 months old? Or they did not conform to requirements? Make sure the new photos follow all the requirements. See below:

http://travel.state....plate_5330.html

http://travel.state....mples_5331.html

Edited by Redicent, 07 July 2013 - 10:28 PM.

Redicent

Male

2013-07-07 22:28:00

http://www.uscis.gov...000082ca60aRCRD

I'm a little confused... If the application I-29f does NOT state that a separate letter of intent to marry from both parties is required, why would they not approve the application because of the lack of such letter? It just doesn't make sense. The application also doesn't state that photos, itineraries, or more proof of a relationship is required. Why would it be required to get approved. I was under the impression that those items where needed for the actual interview, not for the application. Am I wrong?

From the USCIS site:

"Eligibility Requirements

If you petition for a fiancé(e) visa, you must show that:

You (the petitioner) are a U.S. citizen.
You intend to marry within 90 days of your fiancé(e) entering the United States.
You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:
1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)?s foreign culture or social practice.
2. If you prove that the requirement to meet would result in extreme hardship to you."

Edited by Redicent, 05 July 2013 - 12:57 PM.

Redicent

Male

2013-07-05 12:56:00

Who believes in miracles?

Congratulations!!! :content:

vanmar820

Female

Mexico

2014-09-30 13:35:00

ds 160 question

I believe it is for a previous petition(s).

vanmar820

Female

Mexico

2014-10-06 00:08:00

K-1 necessary if intending to return to Canada immediately?

You're welcome! :content:

Hope you you figure out what works for you both! Good luck!

vanmar820

Female

Mexico

2014-10-07 01:02:00

K-1 necessary if intending to return to Canada immediately?

Food for thought, I suppose. Currently, marrying in Canada isn't an option... I'm concerned about the processing times for the EAD after the K-1 is granted, a bit; we both have our own debts which is part of why wish to do it this way, so either of us being unable to work for a period of time would be a hardship.

I see. Well, I think the time it takes to issue the EAD may vary, depending where you apply for AOS. Maybe you could find processing times at the USCIS website.

vanmar820

Female

Mexico

2014-10-07 00:54:00

K-1 necessary if intending to return to Canada immediately?

Hi evistre!

A K-1 visa is for you fiancé to come and marry you (within the 90 day period upon his arrival in the U.S.). Afterwards, he would apply for AOS (you have the option of applying for EAD (work authorization) and AP (Advanced Parole) at the same time). AP allows him to leave the U.S. and enter while he is getting his GC. [Someone correct me if I am mistaken.]

I don't know too much about the other option, but you can get married in Canada and file for a CR-1 visa I believe.

Hope this helps a little.

Good Luck!

vanmar820

Female

Mexico

2014-10-07 00:23:00

I-94 Paper copy - Do you have to request it?

You're welcome!

Yes, it sufficient. When my husband arrived at POE(with K-1), he requested a paper copy, and they referred him to the website.

vanmar820

Female

Mexico

2014-10-11 15:21:00

I-94 Paper copy - Do you have to request it?

You can download the I-94 on this website

https://i94.cbp.dhs....1qz!-1326691254

vanmar820

Female

Mexico

2014-10-11 14:12:00

US immigration when entering the US

It will depend on you POE. When my husband came last month, he informed them that he was a K-1, and they took his packet and opened? lol they were about to let him go without filling out some info (he thought it was for the I-94). So, it was painless and easy. It just depends. Good luck!

vanmar820

Female

Mexico

2014-10-08 14:56:00

Hey

Just chiming in

My fiance landed on Saturday for a month long visit, first through JFK airport, then a transfer to LAX.

Everything went great!! He said that the officials at JFK were polite, with minimal questions asked, such as his purpose for the visit.

He did bring documents showing ties to his home country, however he was not asked to produce them

This is our first experience of travel between countries since filing the K1, and it's gone well.

Jessi Smie

Female

Netherlands

2012-07-23 18:54:00

Thanks for the info! i didn´t put any tags in my previous post and now I can´t find it! Help pls!

tamara1982

Not Telling

2013-07-23 11:12:00

Yes, sorry! I didn´t mention it. He is Spanish, and speaks Spanish. He´s been working on his English but I doubt it´s a level to answer all those questions. The car we have is under my name. He works on an off, and his contract is up Sept. 15th.

He could just come with me for the initial move, while we look for an apartment, buy a car etc, stay those 3 months and then wait for his Inmigrant Visa. But I see it could take a while. Is it really 8 months?

What else could be proof to tie him to Spain? Enrolment in a degree?

Thanks for your help!

ETA; Also, I dont think i can start the process until I start working because I dont have a US account. So I can´t make a check from an American checking account. It doesn´t make a lot of sense that it must be 100% from an american bank, particularly if you´re filing from outisde the US.

Edited by tamara1982, 23 July 2013 - 11:06 AM.

tamara1982

Not Telling

2013-07-23 11:03:00

Well I see that the situations vary greatly. Here´s my situation. I live in Spain now but I just got offered a great job in LA and I might take it (I´m a US citizen). So we would have to apply for the I-130 ASAP.

However I would have to leave for my job certainlyl before we got it. Big problem? My husband doesn´t speak that much english. Will that be a problem when he wants to come visit me? If they start asking him all these questions in English he wont be able to answer them very well I believe. The only proof he will probably be able to show is a ticket back, because most of the things in our apartment in Spain are under our landlords name and he has a part time job that ends in September.

How can we do this?

Thanks

tamara1982

Not Telling

2013-07-23 10:48:00

Hi guys.
Made a slight error in not including my fiancee's proof of US citizenship. She has lost her birth certificate so we are opting to send a copy of every page of her passport (as requested).

My question is whether these copies need to be colour or just black & white?

Sorry if this is stated elsewhere and is obvious, but we have no internet at present so I'm doing this off my phone and it's incredibly hard to navigate the site.

Thanks
Mark

Beefheart

Not Telling

Wales

2014-04-29 15:27:00

http://www.state.gov...ation/86944.pdf

Marijuana arrest

My understanding is that the fact that he has an arrest is grounds for inadmissibility under the moral turpitude law. I have no concerns about him smoking ganja and not passing tests etc.

I've also lived in Jamaica for the last two years re: Comment about hear say. Try being the only whitey at the standpipe in a garrison community. I know all about the chop chop business.

Controlled substance violations are not CIMT but is covered under the same statutory provision.

Yes, there are examples of people receiving denials for drug offences but I must reassure you this is not a certainty so do not panic just yet! The stress comes from not knowing, from having no conclusion, since it all rests on the medical and interview. My advice would be to relax, read the facts and avoid conjecture, seek a decent lawyer for proper advice and go from there.

PBJ

Male

United Kingdom

2014-06-17 02:37:00

Marijuana arrest

You will need to speak to a lawyer. 1. Drug Arrest record is a denial. 2. Continued use of drugs results in a failed medical exam and a one year ban.

Firstly, the laws of Jamaica or Washington state etc are entirely irrelevant in matters of immigration since this is a US federal process and subject to federal laws. All that matters here is that marijuana constitutes a controlled substance under US federal law and will be dealt with as such in this situation.

1. Drug arrest is not necessarily a denial, but it does complicate things. The exceptionable clause for offences involving 30 grams of marijuana or less only stands if the other clauses are met, ie. the offence is 15 years old or more and there's evidence of rehabilitation since. This arrest is too recent so its fair to say your fiancé should expect some questioning here at interview.

2. Yes, should he continue smoking the results of the medical exam are likely to be compelling in the Consulate reaching a decision of inadmissibility. And yes, it is also true that a mere admittance of using any drugs can constitute grounds of inadmissibility, and this is particularly pertinent where the applicant discloses arrests for controlled substance violations. This may result in a 1 year ban with regular testing required to show ceased use of all controlled substances over that period.

Please note that none of these are certainties and there is an amount of discretion used in judging individual cases. I say this with confidence as someone with a drug arrest history who has recently been approved (I wrote at length about this here - see P2 for detailed info). Other factors may have contributed here such as historic nature of arrests, and applicants' country, but regardless I'd like to reassure you that nothing is cut & dry here just yet.

Relax, read all the info you can find, speak openly with your fiancé about what you're prepared to do here. He does not deserve to be judged on this particular lifestyle choice but the only fact relevant here is the law of the land, and unfortunately we must abide if we want the benefit.

Oh and consultation with lawyer is only recommended if you can find a good one with plenty experience in similar situations!

Good luck, I wish you all the best during this trying time.

PBJ

Male

United Kingdom

2014-06-16 02:20:00

K1 Visa/Medical expiry date confusion

this stuff is so country specific I wouldn't go by anything other than someone from Singapore

contact them direct.. usually this stuff comes up on the reciprocity table but all they listed was the one doctor who performs the eval

support-singapore@ustraveldocs.com

stevie b

Male

Fiji

2013-09-17 20:25:00

Is there any way to leave the USA for 2 weeks after arriving on K1?

According to the OP's timeline they already have the K-1 approved, so can't enter the US on the VWP unfortunately.

That infomation wasn't not provided by OP. But you're right. In that case not too many options.

Mark88

Male

Germany

2014-07-28 17:12:00

Is there any way to leave the USA for 2 weeks after arriving on K1?

...have it officiated in a quick ceremony....

Or Las Vegas with Elvis

Mark88

Male

Germany

2014-07-28 17:05:00

Is there any way to leave the USA for 2 weeks after arriving on K1?

As an Australian citizen you can travel on the VWP to the US and get married (on tv atleast, don't sign any documents). You can then return to Australia and finish your K-1. After you arrive in the US, just go the county clerks office and have it officiated in a quick ceremony. Then file AOS.

Mark88

Male

Germany

2014-07-28 17:01:00

K1 Visa Interview Questions

K1 interview in Vancouver is about 3 minutes.

ricnally

Female

Canada

2014-05-31 21:15:00

I Can Open Loomis Envelope, Right?

What do you hope to find by opening the Loomis envelope anyway? Just keep it all sealed up. This way you have nothing to fear. For God's sake, don't take any chances.

OP needs to open the Loomis envelope to get the passport out probs.

ricnally

Female

Canada

2014-06-19 20:02:00

Waiting to hear from Consulate- Criminal Record Check

Yes, get it done. Commissionaires are good, cheap, fast.

ricnally

Female

Canada

2014-07-04 14:38:00

Canadian immigrating to the US via K1- do I still lose my Canadian citizenship or is it possible to attain dual citizenship?

It's perhaps worth mentioning that should you decide to become a US citizen you will have to "renounce" your Canadian citizenship during the oath. They're just words, but still, it's enough to put some people off the idea.

ricnally

Female

Canada

2014-06-03 16:41:00

Appeal denial ok K1 visa

I doubt it was denied because you were in engaged before your divorce was final. I was engaged before my divorce was final & didn't apply until after the divorce was final. We were approved. There is something else that makes them think you don't have a bonafide relationship. I agree with other posters, you need to address any red flags because getting married may not be enough to overcome whatever the real issue is.

lillakatoussa

Female

Tunisia

2014-05-27 23:52:00

Changing the consular office to Kiev, Astana or Istanbul...

K-1s in Turkey go through Ankara, not Istanbul. You can see my embassy review I posted. They don't allow fiancées inside generally, but I got invited to interview the next day when they found out I was in Ankara. My fiancé (now husband) was approved on the spot. Just be polite and honest and there should be no complications provided there are no causes for concern.

Cheryl-Hossein

Female

Iran

2014-08-25 13:42:00