ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresI-134
I would list the child.

Edited by Bobby+Umit, 15 October 2011 - 10:33 AM.

Bobby+UmitMaleTurkey2011-10-15 10:33:00
K-1 Fiance(e) Visa Process & ProceduresHELP! Intent to Marry Letter

How do you notarize an entire package of papers?? A notary public authenticates the execution of a document (verifies that you signed it). Did you sign every page of your petition package and then get every signature notarized?



Yep - that is exactly what I did - I put my name on everything, signed and dated it. (mostly on all the evidence papers, letter of intent, things like that)
The NP stamped and signed it verifying my signature.

I figured since you should properly id each piece of paperwork submitted - I would get it notarized.


Bit of an overkill - if I didn't have access to one (NP) - I would not of done it.

But I only did it for the K-1 petition.


The rest of it - (AOS) was without the notary. (no more access)
Bobby+UmitMaleTurkey2011-10-12 16:15:00
K-1 Fiance(e) Visa Process & ProceduresHELP! Intent to Marry Letter
I notarized my entire K-1 package - but I had access to a notary public (no fee) - but it wasn't required - but so far - my case has been running smooth and on time.
Bobby+UmitMaleTurkey2011-10-11 12:00:00
K-1 Fiance(e) Visa Process & ProceduresWorking on K1

I read on a USCIS site, or was it another forum?? (my head spins with these things!) that you CAN begin working straight away. Ring the USCIS office and get it from them would be my advice. Congratulations on your run of good luck :)


No. You can't work on a K-1 visa unless you have your EAD, which is either given to you via the AOS or you send in the Form I-765 (which will only be valid for the length of your I-94 (90 days) - but it usually takes longer to process than the amount of time left on your I-94.

Her SSN will probably say it requires a DHS work authorization. (for example, the EAD or GreenCard) -- since she will not have either - the employer can't legally have her work.


hi! what is the 90 day EAD? how can i get that? thank you!

See above. (I-765)
Bobby+UmitMaleTurkey2011-10-12 15:33:00
K-1 Fiance(e) Visa Process & ProceduresEvidence of engagement to Fiancee
Letter of intent is required - that should be enough.

(of course the visit info (less than 2 years) - convos/letters, pictures.
Bobby+UmitMaleTurkey2011-10-19 09:55:00
K-1 Fiance(e) Visa Process & ProceduresOath during K-1 Visa Interview

It is an oath to tell the truth, it was given to her by the guy collecting documents

"I, (name) promise to tell the truth" basically.

Kiev has never made much of an issue of a common language, not that I have heard anyway. Review the Ukraine consulate reviews.


Ah - yeah - that makes sense.

strange they wouldn't ask it in Russian. (sorry, the firefox line "think Russian" keeps popping into my mind) -
Bobby+UmitMaleTurkey2011-10-19 11:23:00
K-1 Fiance(e) Visa Process & ProceduresOath during K-1 Visa Interview
Can the boyfriend speak Russian? How much English can the girlfriend speak?

Since they are in the 2 year requirement for meeting - that in itself is not grounds for denial.

Communicating daily? again, not really grounds for denial.

I have not heard of an "oath" - perhaps others going through that embassy will pipe in.

If she was denied - they would tell her the specific reason why - and the petitioner would be notified - find out exactly why, then better answers can come.
Bobby+UmitMaleTurkey2011-10-19 08:22:00
K-1 Fiance(e) Visa Process & ProceduresK1 Refile limit Is a waiver needed

I am planning to file for my new fiance around March. So I would need a waiver right? What if I wait for two years will I still need a waiver?
Since your previous one was approved in the last two years, yes, you would need a waiver.
If you waited past 2 years, no, you won't need a waiver (since this would be your second filing).

How do I get a waiver and what is needed to aquire a waiver? A lot of people talk about waiver but I don't know what it actually is. Is it a form I fill out or what is it?
Read theI-129F instructions, in particular, 2 and 7.B.

Basically, you would submit a signed and dated request for a waiver, explaining why you need a waiver (with evidence) with the petition.




Edited by Bobby+Umit, 26 October 2011 - 09:02 AM.

Bobby+UmitMaleTurkey2011-10-26 08:58:00
K-1 Fiance(e) Visa Process & ProceduresK1 Refile limit Is a waiver needed
There is no time limit for "filing" - you would count every time you filed.

The 2 year rule is for "approved" petitions, and that would go by the date of your NOA2.

So, if your within the 2 years of that NOA2, you would need a waiver.

If you file another K-1, you would need a waiver, regardless if it was two years or not.
Bobby+UmitMaleTurkey2011-10-26 08:06:00
K-1 Fiance(e) Visa Process & ProceduresPOE overlay

Thank You everyone...It definitely made my mind at ease.


Now if she stays in LA with family, and never comes to you....


Nah - that never happens, right? :whistle:
Bobby+UmitMaleTurkey2011-10-26 10:01:00
K-1 Fiance(e) Visa Process & ProceduresPOE overlay

She has a relatives over there in LA. Is that okay if she spend the night over there while waiting for her flight?


Once she is done with immigration at LAX - this would be acceptable.
Bobby+UmitMaleTurkey2011-10-26 09:26:00
K-1 Fiance(e) Visa Process & ProceduresPOE overlay

I'd suggest that you fly to LA, meet her, and make the last leg together. A much nicer way to spend that layover after the long trip to LA.


That's what I did with Umit's flight - I surprised her with a dozen roses :)

The problem would be that means she will have to go out of the airport and stay in california for awhile...Will the immigration officer would not question her that she will be staying there for a while and not go straight to houston which is my current address and the place she will be staying here in the US.


Erm - no - they understand layovers and flights :)
Bobby+UmitMaleTurkey2011-10-26 09:21:00
K-1 Fiance(e) Visa Process & ProceduresConsulate Info/I-134 Package

Hello again! Just me being completely ####### and making sure I've got everything right again. :)
I've just called the NVC to make sure my case had been forwarded there, and it had. They in turn forwarded the case to the London Embassy and I believe the guy on the phone said the consulate would be in touch with me soon, but I could have misheard him.

The London Embassy site says it costs $16 just to call them from my phone and charges a ridiculous fee for calls from within the UK too, so I'm a little wary of calling them unless I know I have to. Will they e-mail me or send information to my fiance? I'm just not sure how the process of setting up the medical exam and the interview and the embassy really works.

Meanwhile, I'm gathering up paperwork to send to him for the consulate and interview and whatnot. I've got:

  • a copy of my NOA2
  • updated letters of intent for both me and my fiance
  • I-134 affidavits (one from me and another from my dad, who is jointly sponsoring)
  • a letter from the bank stating how long my dad has had an account there and how much money he has deposited
  • a letter from my dad's employer stating his job title, date hired, and salary
  • leave & earnings statements from my dad's job
  • dad's W2 forms from 2009 and 2010
Looks good. You may want to check with the embassy - some want the income tax returns to go with those W-2's. (Ankara in Turkey did)

So quite a bit of financial info from my father showing that he's capable of sponsoring Callan (my dad's been an enormous help). Now all I'll need is proof of our ongoing relationship, right? I already sent off a lot of evidence with our I-129F package (I know I didn't have to), which my fiance has a copy of. That was back in June, so obviously I should print off more, but what qualifies?

I've got a recent boarding pass from a June-August trip to England, we've got stupid love notes, and more pictures together. Should I print out screenshots of Skype or Facebook messages? Are those considered valid proof?
Yes

I think I'm pretty solid, but I'm sending the whole package off to England today or tomorrow and that always makes me really anxious because the whole process has been very easy so far (except for the waiting). I just want to do as much as I can to make the case go really smoothly. :)


Bobby+UmitMaleTurkey2011-10-25 14:11:00
K-1 Fiance(e) Visa Process & ProceduresNVC STILL HAS IT !!
Suggest you wait till you receive further instructions when they are done...
Bobby+UmitMaleTurkey2011-10-28 12:40:00
K-1 Fiance(e) Visa Process & ProceduresFiance changed her mind
Ok - there is some misinformation in this thread concerning the waiver.

Only if his petition was approved in the previous 2 years (from the date of the new filing), would he need a waiver. Since he only has the NOA1 - it was not approved, therefore, he would not need it in this case.

The other waiver needed is if he, at anytime in the past, filed 2 or more petitions. Since this is his 1st petition*, if he files another one, he would not need a waiver, since he only filed one in the past. If he files one more for some reason, then he would need a waiver.


Source - I-129F instructions, item 2.



(*this is assuming he only filed this one petition as of today)
Bobby+UmitMaleTurkey2011-10-30 09:39:00
K-1 Fiance(e) Visa Process & ProceduresI-129F + affidavits of bonafide and support

Is there any positive impact of including those letters? I mean, wouldn't it be better if they knew it beforehand?


There would not be any impact if you include them or not at this stage.

The actuality of the relationship will be explored at the embassy stage, not USCIS - that is when they would be most needed. (since they are going to help you cover sponsorship - they would go hand in hand).

You can pre-load your petition now - plenty of people do that.
Bobby+UmitMaleTurkey2011-11-03 13:53:00
K-1 Fiance(e) Visa Process & ProceduresI-129F + affidavits of bonafide and support
Unless you have a marked lack of evidence to present - the letter from your parents is not needed.

You just need a letter of intent from both of you, fee, and the form, along with the evidence you met in the previous 2 years prior to the petition. You can also include letters, phone logs, etc to show the relationship at this stage.

When it gets to the embassy - then you will need an I-134 from you and your parents for the support - and more evidence. (you will also update your letters of intent)

You are correct in the summary for 18 on the form - my own statement was short, direct, and to the point. They just want to make sure you meet the 2 yr requirement.
Bobby+UmitMaleTurkey2011-11-03 13:26:00
K-1 Fiance(e) Visa Process & ProceduresChange of plans: closing K1 and moving to his country, not staying in the U.S.
It is possible to cancel the petition and the application process - you would need to contact the embassy if NVC doesn't have it.

The expiration date for the NOA2 is usually extended by the embassy to cover the time to get the visa - so just sitting on it is not a good idea.

You might be better off letting the k-1 go through - get married on it, then return to Germany. (or follow him once he is settled) - you would most likely have a longer wait for the visitors visa.

Leaving after the marriage and K-1 will only cancel the option to AOS in the US - but since you are planning on living in Germany - that wouldn't matter for you.

If you decide to come back to the US -you could do a DCF to get a visa for your husband.
Bobby+UmitMaleTurkey2011-11-03 13:21:00
K-1 Fiance(e) Visa Process & ProceduresNew employment while in the K1 process

I guess I am just not clear of what they are looking for and why my employment is a factor.


They want to ensure themselves your fiancee will not become a tax burden to the US. So you have to prove you have stable income, and enough to support the needed amount.


There are cases where you can use immigrant money - it's spelled out in the instructions listed above.

If you want it to be a worry free thing - get the job first - then file for the K-1.
Bobby+UmitMaleTurkey2011-11-07 11:50:00
K-1 Fiance(e) Visa Process & ProceduresI-134 is a promise to support for ten years
There are a few cases where the USC was required to pay to the divorced immigrant 1/2 of the poverty level required by the I-864.

If I remember right, the judge ruled that the difference was less because the immigrant was working, so instead of 7K or so, was given 5K - if you do a search on my posts - I had links to them.

(about 3 cases or so).

So what happens if she/he leaves you and you get a divorce and you never hear from them again don't know where they are if they are still in this country or not. And you want to marry again say from another country or even the same country they came from? will this be trouble if you file for K-1 visa? or in the interview? Thanks


You would still have to count them for any future 864's - and if you don't meet the level - you will be looking for a co-sponsor.
Bobby+UmitMaleTurkey2011-11-07 14:17:00
K-1 Fiance(e) Visa Process & ProceduresFinancial Questions
Yes - child support can be counted as "income".

If you claim them on your taxes - your responsible for them on the affidavit.

Since they are under 21 - you would count them if they are "dependent" on you. (seems they are working? so I would say not)

no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return,


Edited by Bobby+Umit, 10 November 2011 - 05:16 PM.

Bobby+UmitMaleTurkey2011-11-10 17:13:00
K-1 Fiance(e) Visa Process & ProceduresInfamous roundtrip ticket question...
Also - if you do not intend to use the 2nd trip - cancel it - or suffer the wraith of the AOS judges if they discover "someone" used that seat.
Bobby+UmitMaleTurkey2011-11-10 10:40:00
K-1 Fiance(e) Visa Process & ProceduresCommon misconception about K1

Remember, your dealing w/ federal employees who have a gravy government job and are in no hurry to expedite anything



This is not always true - I have several relatives working for the government - and they get bonuses for completing work on time, below budget - not to mention job advancement.

You have plenty of workers, regardless where they work, that are in no hurry - government not needed.
Bobby+UmitMaleTurkey2011-11-18 08:04:00
K-1 Fiance(e) Visa Process & ProceduresHas anyone successfully expedited a petition?

Just wondering if there is a chance that I could have my petition expedited. I know pregnancy is not a reason to expedite, but financial loss is. Would they look at the fact that it is an extreme financial hardship to have to provide for our child on my own because my fiance is not here?


Concur with the above.

Also - the question to ask is - why would it be a hardship for money if your fiance is not there? He could wire you money for the child. (place yourself in USCIS shoes)
Bobby+UmitMaleTurkey2011-11-18 07:58:00
K-1 Fiance(e) Visa Process & ProceduresQuestion on Vaccine records for POE
No - POE will not ask for vaccinations. If she was given a visa -she is cleared to travel.

However, you will need to get it done when you AOS.
Bobby+UmitMaleTurkey2011-11-22 16:36:00
K-1 Fiance(e) Visa Process & ProceduresAbout K1 visa...
Check the guides above - they will detail most of everything you requested.
Bobby+UmitMaleTurkey2011-11-30 08:19:00
K-1 Fiance(e) Visa Process & ProceduresA little worried while waiting for NOA2
He will have to prove he can support you.

Usually you do that by showing income, tax returns, assets, etc...

He should be filing income taxes, if for anything else, to get the tax credits.

If not, he will have to explain in a detailed letter why he doesn't have to pay any, and point to the IRS rules that allow this.

He will have to show source of his current income, amount, and type. (or assets)

If you don't have this info, and no co-sponsor, you will be denied.
Bobby+UmitMaleTurkey2011-11-30 08:22:00
K-1 Fiance(e) Visa Process & ProceduresEnter on K-1 Visa - Question about work (EAD/AP)

I have been approved for my K-1 Visa and plan to enter the United States from Canada this weekend as we are getting married next week! I am moving from Ontario to Michigan and will only be about 10 minutes from the border. I am currently working in Canada and want to make sure I have everything right:

1. Once I enter with my K-1 Visa I will not be allowed to travel back to Canada until I have been approved for Advance Parole (which I file with the AOS and EAD immediately after getting married).
True

2. After filing my AOS/EAD/AP I cannot work in the US until the EAD arrives, which could be three months or more (I had read somewhere that proof of a pending EAD is sufficient to allow me to work or collect Canadian Employment Insurance).
True - however, not the second part - you need it in hand - not pending info.

3. A pending AOS/AP does not permit me to travel to Canada until the AP is approved and arrives, which could be three months or more (again, is proof of a pending AOS/EAD/AP sufficient enough to allow me to travel across the border?).
True - you need it in hand. Or a stamp in your passport from USCIS.

4. I am expected to have absolutely no income for three months or more while I wait for everything to be approved?
True - your petitioner is suppose to take care of you till you can work. Or you could of filed for a CR-1 visa - insta-greencard (work) when you enter the US.

I am hoping that the information I read (I wish I could recall the source) that mentioned proof of pending AOS/EAD/AP's would allow me to at least collect Employment Insurance or commute to Canada to work. Otherwise I will have no income for three months or more and will be missing Christmas/New Year's with the family.
That info is incorrect - you need it in hand prior to working. (however, you can look for work, but almost all places will not let you work till your "legal")

Rules are rules and they have to be followed, but I am hoping that living in a border city would help my cause and allow the pending notifications to allow me to work or cross the border to work.
Sorry - the way the rules are set for the K-1 and the AOS process - you can't leave till your allowed. However, you could wait to enter on the K-1 till after the holidays (time permitting on your visa) and then marry/AOS.

If we had known this two years ago it would have been more worthwhile to get married first and live apart while filing for a CR-1 instead! We have been together for two years, engaged for one, and I am not about to abandon the K-1 and wait another year to live with her while waiting for a CR-1!
Yes - this would of been ideal for you...

Any information or experiences with this is greatly appreciated!

FYI: This is at the Sarnia, ON/Port Huron, MI border.


Edited by Bobby+Umit, 01 December 2011 - 04:39 PM.

Bobby+UmitMaleTurkey2011-12-01 16:39:00
K-1 Fiance(e) Visa Process & Proceduresco-sponsor??? i-134
The I-134 requires 100% of the poverty level - however, for some embassies, for the K-1, they know you will need to support the I-864 for the AOS at 125% - so they require you to have that amount at least for the initial visa.

Your best bet is to beat the level by 125%, if you can't - get a co-sponsor that can.
Bobby+UmitMaleTurkey2011-12-07 12:17:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about meeting I-134 guidelines 125%
If the person can prove income (with IRS tax transcripts, bank records, pay stubs) - yes - it will be counted.


However, if it's "part time" work - and may vary - that will count against you - so you may need a co-sponsor.
Bobby+UmitMaleTurkey2011-12-07 17:17:00
K-1 Fiance(e) Visa Process & ProceduresLegitimate Relationship = $$$

Why is religion such a red flag when one of my freedoms as a USC is freedom of religion? Can I not love someone from another religion? Even two USCs from different states could have such different beliefs and different cultures it would be comparable to being from a different country.
Because some countries have very strict rules when mixing religions, that have nothing to do with your being an USC. So, if your finance'e is from a country like that, your situation may trigger doubts on it being legitimate. They do take in the local customs, not what they do in the US.

Why don't they read some of the e-mails or text messages that go back and forth between the couple? You can't make up that type of conversation between 2 people in love. Why don't they care about the details?
Everything you type could be faked. Actual trips to see each other shows more than emails would. However, it's in my experience that most CO's look at the whole ball of wax - some people may have to deliver more proof (example, from high fraud countries) than others.

As I digress, I am at the discretion of the US government and will follow this process if I want to have a future with my fiance in the US. I will provide as much evidence as possible that they deem valid, but I can only hope and pray that my fiance and I have a smooth journey and that we can get married in August 2012. I can only dream that this will be my last holiday season alone and that next year, we will be able to celebrate our first Thanksgiving, Christmas, and New Year's together as husband and wife.
Praying will not help. Hoping will not help. Do, or do not, there is no try.
Following the actual instructions, and providing the necessary evidence will allow you to smoothly handle the immigration journey. If you have a weak case, then you may have issues - as with anything. So build a strong case, show strong ties to each other, and you will be together sooner than later. :thumbs:

Bobby+UmitMaleTurkey2011-12-07 10:44:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Visa denied, Motion to reopen?

Yes. Unfortunately. That's the reason we got denied, because we didn't send in all the information needed.


Ok - you will have to start over again - they sent you RFE's for the info missing - if you didn't respond, that would deny it.

If you can prove you never got them - then you could probably open the case again - however, I would just eat the cost now, and re-file a brand new petition - this time - ensure you follow the rules/instructions exactly.

(it would be cheaper than trying to re-open the first petition)
Bobby+UmitMaleTurkey2011-12-07 12:19:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Visa denied, Motion to reopen?

Ok I forgot to put in the topic that I didn't send anything except the 129F Form and the fee of $340. Then we waited 5 months. We didn't get ANYTHING from them in that time frame. Then they send us a letter that we got denied. Nothing else happend. They didn't have any other reason to deny me. I mean i'm just a normal person with no criminal record or anything.


So you didn't send in any supporting documents with the 129F? Just the actual 129F and fee?
Bobby+UmitMaleTurkey2011-12-07 12:13:00
K-1 Fiance(e) Visa Process & ProceduresCertificate of Divorce good enough?
Shouldn't be an issue.
Bobby+UmitMaleTurkey2011-12-08 14:15:00
K-1 Fiance(e) Visa Process & Proceduresmarried before entering on K-1

Hi Kathryn41 if I may ask what is "STOKES" INTERVIEW? Sounds really scary even if there is no fraud it's like being stopped
by the police and you have no clue why. :blink:


A stokes interview is where USCIS has made the determination that something is fishy with your story, and they will grill both parties for hours until they discover if your telling the truth or not.

If you fail - you get deported. (the non-USC - however, the USC can be held on breaking the law or something similar)

If you pass - you stay.

Only people with weak evidence/conflicting stories, etc... have to fear getting a stokes.

If you are one of these lost souls - get a lawyer pronto.
Bobby+UmitMaleTurkey2011-12-14 17:11:00
K-1 Fiance(e) Visa Process & ProceduresDENIED K-1 visa at the consulate
If they denied it with charges of smuggling/kidnapping - and the fear of trafficking (with the child) - getting married will not change this with the embassy.

You will have to prove these charges (or lack of) are not true, and go from there.

The other real big killer is misrepresentation - (submitting false information) - that has dire affect on visa issuance - since it's your word against theirs, you will have to overcome that somehow.


A lawyer would be helpful, the USC should also contact their senator for help.

Question - did you provide evidence that you were not convicted of that charge? or were you just going with it not being listed as being convicted? They are two different things you know.
Bobby+UmitMaleTurkey2011-12-06 09:39:00
K-1 Fiance(e) Visa Process & ProceduresWhat Should I Do?

The G325 does require a signature.


Actually - it does not for a I-129F petition.

Since his beneficiary is living abroad - the beneficiary can sign it at the interview - and this will not result in a RFE.

Also - if the petitioner fails to sign the G-325 - the lack of their signature will not generate a RFE - since the I-129F is signed.

Source
Bobby+UmitMaleTurkey2011-12-19 14:58:00
K-1 Fiance(e) Visa Process & ProceduresWhat Should I Do?
The initial G-325 does not need her signature.

She will do it at the interview.
Bobby+UmitMaleTurkey2011-12-19 13:31:00
K-1 Fiance(e) Visa Process & ProceduresDuring visa interview
The truth will set you free.

Nothing wrong with your scenario - you introduced them - they took it one step further.
Bobby+UmitMaleTurkey2012-01-02 17:04:00
K-1 Fiance(e) Visa Process & ProceduresReporting visa fraud

I guess I'll make a call to USCIS, it can't hurt, then drop the matter and as someone suggested, chalk it up to experience. And stay away from Colombia! I'll also warn the guy in FL if he isn't in on it but I have a sneaky suspicion he is. And yes, she is in the US.

I told her I wanted $1000 back immediately as a partial repayment of the money I gave her - I paid for her friggin' trip to the US unknowingly! She seemed scared and said she'd come up with the $, but then again, she's an oscar deserving actress. Mind you, it's not blackmail, I didn't threaten her with anything if she didn't pay.


Did you have a written agreement for the loan of money? If not, then it could be considered a "gift" - no repayment needed.

From what you wrote, she said she needed money, and you gave it to her. Sounds like a gift to me.
Bobby+UmitMaleTurkey2012-01-03 17:06:00