ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & Procedures3 K-1 Visa Questions

Hi all,

Thanks in advance if any of you can help with this. I have three specific questions regarding the K-1 visa.

  • Who do I make the check out to? I imagine this may seem like a stupid question but I have been searching every form and the entire USCIS website and just can't find that piece of information. I would really love to see it in writing somewhere.
Answered above - it's in the instructions for the form (Under 'What is the Filing Fee" section - I urge you to carefully go over the instructions and the guides above - if you missed who to make the check out to - you may of missed something else.
  • We were hoping to have the visa before Christmas, as we've already booked a flight. After speaking with a few attorneys, it appears this most likely won't happen if I file in September. That being said, would my fiancé be allowed to come into the States on the Visa Waiver Program for Christmas?
Lawyers are right, I doubt you would get it by December if you file in September - your looking at a 6-8 month process.
Yes - if she is eligible for the VWP - she can use it, even if you have the K-1 in process. She should be prepared to answer more questions and be able to show strong ties back home.
  • Is it possible to file for the adjustment of status at the same time as the K-1 visa? Or must I wait until we are married?
Answered above - you can't AOS till you have the K-1 and she comes here using that to get married (you need a certain status to adjust from). I would not try to get married while she is visiting and attempt AOS if you have the K-1 in process.


Cheers,

Mike


Bobby+UmitMaleTurkey2010-08-26 09:50:00
K-1 Fiance(e) Visa Process & ProceduresHelp!!!k1 petition anxious

Thanks Coconuts...I will wait for someone else suggestion...Goodluck on your Journey.God Bless!


Really depends who is looking at your documents and what the embassy sees.

You could chalk up the 129 mistake as a "mistake" - since you could think they meant only the children you planned on bringing with you.

I suggest you carefully read and follow the instructions - don't guess or assume on questions, just answer what they are asking for.
Bobby+UmitMaleTurkey2010-08-26 16:26:00
K-1 Fiance(e) Visa Process & ProceduresHelp!!!k1 petition anxious
Yes - it would be an issue.

If a form asks you how many children you have - and you say "2" when you really have "4" - you just misrepresented yourself and opened yourself to bans for immigration. You have to answer the question in the context of the form/question.

For example - the I129F question 13 says to list all your children - it doesn't specify only the ones coming with you. So if you have 4 children, you would write their 4 names.



The affidavits will ask how many people you will sponsor. If only 2 children are coming with you, than that is what you write on that form for the count.
Bobby+UmitMaleTurkey2010-08-26 10:08:00
K-1 Fiance(e) Visa Process & Procedurescan you determine that?
I would not go by estimates/averages.

We were all set to get interviewed at Ankara, then President Obama came over to Turkey to visit, so they pushed everything off for a month or so.

Took us 3 months after they got our package for an interview.
Bobby+UmitMaleTurkey2010-08-30 08:05:00
K-1 Fiance(e) Visa Process & Proceduresk1 interview
If you don't email - you don't email - so you show up with other evidence.
Bobby+UmitMaleTurkey2010-08-29 15:18:00
K-1 Fiance(e) Visa Process & ProceduresAP questions :
If you are filing for adjustment of status, you normally cannot leave the US without permission. (If you do, it will be presumed you have abandoned the AOS process, so it is closed.)

Most people get it while doing the AOS process, since, there is no charge for it (and you can apply for it after you sent in the initial AOS, still free) - just in case they need to travel prior to getting the greencard.

Be warned though, you have to make sure you are eligible for the AP, if you have any overstay over 180+ days, even with an approved AP, you could be subject to a ban upon your re-entry in the US.
Bobby+UmitMaleTurkey2010-08-29 12:51:00
K-1 Fiance(e) Visa Process & ProceduresK1 Work Visa Permit at Dulles
The stamp you may get upon coming in on a K-1 is not good enough for you to work. There are numerous posts here going over the reasoning, but in a nutshell, it was intended for K-1's to be given the ability to get an SSN so they can get married.

The new system they have for checking the ability to work does not show people with this "stamp".

You can apply for an EAD on the K-1, prior to the AOS, however, it will be good only for 90 days, so it would be a waste of $340.00 (since it is free with the AOS).

EAD is the only thing that you can use (other than the greencard) for working in the US.

So - if you intend to work as soon as possible, get married fast, submit the AOS paperwork (with the EAD) and you will usually get it within 3 months or so. (Umit's came within 2..7 months, and two days after that, she got her greencard....)
Bobby+UmitMaleTurkey2010-08-29 15:14:00
K-1 Fiance(e) Visa Process & ProceduresFurther review after the interview
Means they have to do further processing/review of your case.

Depends what they are looking for - could be bad, could be good - you will have to wait and see.
Bobby+UmitMaleTurkey2010-08-31 09:51:00
K-1 Fiance(e) Visa Process & ProceduresAddress change

Sorry may not have been clear, I'm currently living in a rented flat in Scotland. Will be moving to my parents' house in the United States on October 16 and can use that address from then on.


I would be using that address in the US.
Bobby+UmitMaleTurkey2010-08-31 09:50:00
K-1 Fiance(e) Visa Process & ProceduresAddress change
You would use the address where your living at - if it's your parents - that is what you use. (for the initial K-1 mailing)

When you move to your own place (if you do), then you can change your address at that time (I would actually do it when I send in the AOS paperwork).
Bobby+UmitMaleTurkey2010-08-31 08:42:00
K-1 Fiance(e) Visa Process & ProceduresHelp with passport photo!
You don't have to get them done professionally - I did my own photos for the entire process.

What you need to first do is follow these guidelines.

Your photos are almost "ok" - they just need to be brighter in color (more light) and you need more light on the background, to avoid shadows. (they are to dark now)

They need to be sharper (the camera should be at least 3 mega-pixels. (more focus)

You will also want for him to brush his hair into place.

Other than that - you will need to ensure that the sizes needed match up (eye distance from top/bottom/etc..) - but they seem to fall into place.

Print them out at a photo store kiosk - using they highest resolution you can get.

I have seen worst photos get accepted than these.
Bobby+UmitMaleTurkey2010-08-31 08:34:00
K-1 Fiance(e) Visa Process & ProceduresA few questions

I am just starting out the process to get a fiance visa and I am confused and overwhelmed about the whole process. I have a few questions to start with.

I am currently living with my fiance in Buenos Aires. Do I need to print, fill out and mail the i-129 petition to the address given (I believe that it is Dallas) or can a relative fill it out for me?
You have to fill it in - since you have to sign it.

If my relatives can fill it out for me and mail it, should they mail it to the address given for Dallas or mail it to the nearest office (Virginia)?
They can't. You would still use the Dallas address, per the instructions.

The i-129 form asks for the SSN number of my "alien fiance" but being that she is alien, she does not have a SSN yet. Do I need to somehow get her a SSN first? If not, what information should I put instead?
If it's not applicable "N/A", or "none", then that is what you write. She does not need a SSN for this.

Thanks in advance!


Bobby+UmitMaleTurkey2010-09-01 09:28:00
K-1 Fiance(e) Visa Process & ProceduresTraveling within the US
Yes - of course.

The I-94 allows 90 days of worry free travel in the US. After that, you may find it hard - depending where you go and if your stopped by ICE/CBP.

However, once you file for the AOS - your free of worry. (so, file for the AOS within that 90 days.)
Bobby+UmitMaleTurkey2010-09-01 09:43:00
K-1 Fiance(e) Visa Process & ProceduresHelp Before Filing

There seems to be some confusion in this thread. When you say "AoS", are you referring to "Affidavit of Support" or "Adjustment of Status"?


I assumed he meant the affidavit of support (since he is sending/doing the K-1, and talked about the interview (at the embassy)

I usually say AoS = affidavit of support

AOS = adjustment of status.



But I also take in account what forum I am sitting in :)

but you know what happens when you assume...
Bobby+UmitMaleTurkey2010-08-31 16:05:00
K-1 Fiance(e) Visa Process & ProceduresHelp Before Filing
You normally send it for the interview. (as close as you can - so it's up to date).

They wouldn't just deny you out right if your missing something - they would send it back or send an RFE for it.

Read the guides above for more guidance.
Bobby+UmitMaleTurkey2010-08-31 09:47:00
K-1 Fiance(e) Visa Process & ProceduresBank statement

Right, but isn't part of the bank statement letter your ending balance? Mine's going to say something like "Total deposited: $36,000 Total ending balance: $4.50". My concern is the balance, not the deposits. I'm afraid they'll look at my pathetic finances and deem me unworthy to support him.

And another thing. He has a lot of savings. I don't understand why that doesn't count for anything, not to mention his currency is worth more! I don't get why they only look at my finances when he can prove he has money as well.


Savings can count - they are assets. (if you using them as a non-spouse, they consider them at 5x the level needed, 3x for spouse/children - this is 864 related)

Since this is for the K-1 I-134 most likely, they look at income mostly, but assets can count. In most cases they will use the same guidance as the 864 - depending on the embassy in question.

For example, some need the 100% level for the I-134, however, since they know your coming to the US to become an immigrant, they want to see 125%. (since you will need the 864 eventually)

But if your income is enough to make the level - then you do not need assets.

However, you need to check with the embassy your going through. Some are tougher than others. If you are close to the level, they may want more - some are ok with the exact poverty level needed.

Read up on the embassy in question - and get a feel for what they are looking for.
Bobby+UmitMaleTurkey2010-09-03 08:06:00
K-1 Fiance(e) Visa Process & ProceduresBank statement

i have a question about this, i just started a job in march where i get paid pretty well, when i get my W2 at the end of January is it good enough? or what do i have to do?,, i have a W2 from 08 where i worked at a voluntary fire department, and before that i worked 10 months at a welding shop un till it closed (due to the economy) the time in between i did not have work also due to the economy. but now i have a good steady long term job, and also when do i have to present this?


You would need to prove your present income, and provide any past tax info if required.

I-134 requirements are different than the 864 - the 134 is handed in at the time of the interview at the embassy (again, check with the one your going to for what they need for it), the 864 is handed in with the AOS, and they require the current years tax info. (in this case 2009). You can had 3 years worth (2007, 2008, 2009) if you think it will help your case.

If your last years income didn't cover the level needed, but you are making that amount now, you would have to prove it, with pay stubs (6 weeks or so), and a letter from the employer. (can be used for the 134 and 864)

If you didn't file taxes for 2009, you will have to make a statement of why, and referencing the IRS instruction that allows you to do that. (more related to the 864, but can be asked for with the 134).

My income is only 3,000 dollars more than what is required for 125% poverty guidelines. Do you recommend I get an employment letter from my par time job which add another 6,000 to 9,000 dollars to my gross income.


Yes - the more you can show in income, the better off you will be.
Bobby+UmitMaleTurkey2010-09-02 14:52:00
K-1 Fiance(e) Visa Process & ProceduresBank statement
Are you using assets (bank account) to cover the income level needed?

If not, you only need to prove current job/income level - letter from your employer. (that one of the options for the I-134)

Some embassies require one year worth (current tax year) of tax info (IRS tax transcripts are the best) to go along with the I-134 - you would need to check with them for the particulars.

If you do need assets from the bank - the letter has to be written by a bank official.
Bobby+UmitMaleTurkey2010-09-01 17:12:00
K-1 Fiance(e) Visa Process & ProceduresAmerican engaged to an Englishman, worried about tons of stuff.
1. Should not be an issue with this embassy - and if you are using a co-sponsor.
2. You can have two normally (depends on the embassy for the 134 though). - Co-sponsor will have to pay if the beneficiary uses means tested benefits, and the agency comes looking for money. It is not a formality - but can have monetary and legal consequences for a long time.
3. Non-issue.
4. Read up on this FAQ (it's for the 864, but will show you what your looking at.)

Edited by Bobby+Umit, 03 September 2010 - 02:38 PM.

Bobby+UmitMaleTurkey2010-09-03 14:36:00
K-1 Fiance(e) Visa Process & ProceduresDate on G-325A for K1-Visa
Shouldn't be an issue - they are good to go.
Bobby+UmitMaleTurkey2010-09-03 20:41:00
K-1 Fiance(e) Visa Process & ProceduresNOA2 expires soon...
Yes - most embassies will automatically extend the date (if it's not delayed due to you) - however, if it was me, I would call the embassy (or email) to ensure that they do so.
Bobby+UmitMaleTurkey2010-09-07 08:26:00
K-1 Fiance(e) Visa Process & ProceduresI-129F Part C question
Doesn't appear to fall under any of the crimes listed on the instructions (unless your state considers this particular one "stalking" or "dating violence")

If it doesn't, you do not have to list it or mention it.
Bobby+UmitMaleTurkey2010-09-10 16:19:00
K-1 Fiance(e) Visa Process & ProceduresG325a Form - Occupation for the Last 5 Years
if it was in the last 5 years - yes, however generic labeling will work. "temp worker, business"
Bobby+UmitMaleTurkey2010-09-10 15:56:00
K-1 Fiance(e) Visa Process & ProceduresPANIC
What does the NOAs say? (what name is on them?)
Bobby+UmitMaleTurkey2010-08-20 08:45:00
K-1 Fiance(e) Visa Process & Proceduresevil question..
I find it more evil that people go through the process of getting someone here on the K-1 - then delay the AOS because they didn't know the "cost" or didn't make enough money to pay for it...

(they can't save while waiting for the K-1 to get processed?)
Bobby+UmitMaleTurkey2010-09-13 08:28:00
K-1 Fiance(e) Visa Process & ProceduresW-2s needed with I-129f or after noa2?
Once you do need to send in the affidavit info - it depends on the embassy your going through - they may require more info then what is requested on the I-134 instructions.

Usually - they will want the most recent tax years info (1040 and W-2 or IRS tax transcript) - You would send in 3 years if you need more to help your case. (like your income is low)

Do not just send in the W-2's - without the 1040's, they do not prove you actually paid taxes. (which is why I also recommend the tax transcripts).
Bobby+UmitMaleTurkey2010-09-14 13:10:00
K-1 Fiance(e) Visa Process & ProceduresFiance / Fiancee Previous Travel
Plus
Bobby+UmitMaleTurkey2010-09-15 12:09:00
K-1 Fiance(e) Visa Process & ProceduresApproved application expiring

Generally they renew it automatically if its coming up on expiration but it hasnt gone to interview yet.


Usually only if the delay is caused by the embassy - not the immigrant.

If they miss dates or delay in sending back information requested, they embassy could declare it abandoned and send it back to USCIS.

The OP is in a pickle - since he doesn't have the money to make this happen (I am guessing he means the medical costs, visa costs, etc...) - that will not look good when they determine the affidavit of support, and his ability to keep the person off of means tested benifits.

you may need to just let this one slide, save some money, and restart the process over - however, one thing you can try is contact the embassy and see if they will delay the processing.

If it doesn't work, you will have your answer.
Bobby+UmitMaleTurkey2010-09-13 21:57:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Visa Expiry Date Problem
Depending on the medical results, embassies can limit the visa based on that data. (say if the medical was only valid for 3 months, they would only give a visa for 3 months)

You should contact the embassy and see if that is the case.

(here is the wording on this)

The validity of your visa will be limited with the validity of your medical report. Medical reports classified as "Class B (TB)" are valid for 3 months from the date the doctor signed the report. All other medical reports classified as "No apparent decease or defect" are valid for 6 months after the doctor?s signature date. If your case is subject to further administrative processing, or if the processing of your file is delayed due to missing documents, the medical report may expire before your visa is issued. In that case, you would be required to renew the examination and submit an updated medical report to our office before you receive your visa.


Source

Edited by Bobby+Umit, 17 September 2010 - 11:53 AM.

Bobby+UmitMaleTurkey2010-09-17 11:50:00
K-1 Fiance(e) Visa Process & Procedurestricky question, pls read closely...

Thx all for responses.

Just to be clear, The amount $ amount i am short of the 125% on my LAST YEARS tax return is what I must have? (x 5 of course)
Or is it an avareage of the last 3 years returns?


They look at your current income level. Does it make the level needed?
Bobby+UmitMaleTurkey2010-09-17 13:34:00
K-1 Fiance(e) Visa Process & Procedurestricky question, pls read closely...

The person being sponsered will be my spouse. that is not qualification?


No - they have to be your spouse before you file the affidavit.

I still have recieved no answer, and it relates to u as well. Will the embassy have the unpaid tax info? Of course the tax return says i owed taxes, but will they know if they have been paid?


If it's on your tax returns you submit as evidence, then yes, they will probably ask if it's been resolved. If you say it is, and they find out it isn't, you just misrepresented yourself, not a good place to be.

They would consider it a lien and subtract it from your total income, as Jim pointed out.

Edited by Bobby+Umit, 17 September 2010 - 11:46 AM.

Bobby+UmitMaleTurkey2010-09-17 11:42:00
K-1 Fiance(e) Visa Process & Procedurestricky question, pls read closely...

I spoke to my mother and step Father about a loan to deposit in an account to offset the shortage. (3 times the shortage in cash assets).



Bump that up to 5X since the person being sponsored is not your spouse or child. (of an USC) (I am assuming this since your doing a K-1)

What Cash Value of Assets is Needed? The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size

Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guideline and actual household income.


Of course this applies to the 864, but it appears embassies use this benchmark for K-1's/I-134's. (goes hand in hand with the 100% vs the 125% of the level needed (depends on the embassy)
Bobby+UmitMaleTurkey2010-09-16 21:04:00
K-1 Fiance(e) Visa Process & ProceduresK1- No Family Name...what to write?
As per the I-129F instructions:

3. Answer all questions fully and accurately. State that an item is not applicable with "N/A." If the answer is none, write "none."



If you leave it blank, they may think you forgot to fill it in, and RFE you.
Bobby+UmitMaleTurkey2010-09-13 08:15:00
K-1 Fiance(e) Visa Process & ProceduresEVEDENCE OF SUPPORT
Who are the debts to? The IRS? if so - it could affect you.

However, since you have a co-sponsor, they have the onus of support, not you, so you should be ok.
Bobby+UmitMaleTurkey2010-09-23 10:58:00
K-1 Fiance(e) Visa Process & ProceduresMissplaced NOA 2

Yes, But the filing fee for the I-824 is 340$ :x

It's cool, If I don't find it in a few days I'll just pay for another one


There are a few cases I have seen where the person called, shed some tears/gnashing of teeth, and managed to get a copy sent for free.

But don't count on it...
Bobby+UmitMaleTurkey2010-09-23 12:17:00
K-1 Fiance(e) Visa Process & ProceduresMissplaced NOA 2
It's not needed for the interview.

However, it is needed for the AOS - so better find it or pony up the $.
Bobby+UmitMaleTurkey2010-09-23 11:54:00
K-1 Fiance(e) Visa Process & ProceduresI am so frustrated

I do have copy of all documents sent. however, it is frustrating! now i know what they mean when they say, "well, that is good enough for government work."
no my check has not been cashed.


They are pretty fast in cashing the checks - did you, by chance, send it with "signature required"?
Bobby+UmitMaleTurkey2010-09-23 08:21:00
K-1 Fiance(e) Visa Process & Procedureswill cancellation of K1 affect my B1/B2 visa?
For what it's worth - Umit's B-2 visa is still valid in her passport even after she received the K-1 visa.

You should contact the embassy - to cancel the K-1 visa, and then they can properly close down the case.
Bobby+UmitMaleTurkey2010-09-30 09:05:00
K-1 Fiance(e) Visa Process & ProceduresI-134 help

Well thats good to know but tax return?
His tax return sucked.
He was unemployed from Nov08 to Dec 09.....
Is that going to effect this all?
It was just because the oil industry all shut down but now its back up and he's been working the whole time.


He would have to prove current income is sufficient, in addition to providing the most recent tax return.

Letter from employer, listing job, salary, type of employment, along with 6 months or so of paystubs should be sufficient.
Bobby+UmitMaleTurkey2010-09-29 15:39:00
K-1 Fiance(e) Visa Process & ProceduresQuestion About Fees
My link
Bobby+UmitMaleTurkey2010-10-01 09:48:00