ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresLetters for the I-130

Not sure exactly what you are referring to, but assuming you are referring to affidavits from family and friends the answer is no. I obtained a notary seal for one such letter but only because it was convenient.  I don't expect this letter to have much, if any, impact to the overall decision.

 

Hope this helps.


JRFMaleVietnam2014-01-06 08:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhich path to take? (split topic)
I assume you are asking whether to file married/separate or married/joint. I'm also guessing your interview is soon and you want to take your tax year 2013 1040. Correct?

Without knowing all the facts I suggest you file married joint and apply for the itin simultaneously. Even requesting an extension requires you pay estimated tax (if you owe).

No need to wait for spouse to arrive. Why give the government an interest free loan by paying at a higher rate and amending later?




JRFMaleVietnam2014-01-06 23:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTo file or not to File...
I've never been a fan of extensions since you have to pay by April 15th and file later. I hate taxes so once and done is my preferred approach. You can file the 1040 as soon as you get your docs and apply for the itin simultaneously. Make photocopies and attach to a revised 864.

The advantage is you get a preferential tax rate (joint) and you are done.

In my mind the only reason to delay is if you owe. Having the 2013 return may not be needed for immigration reasons but in my mind minimizing taxes (legally) is almost as important as the visa. Kidding of course...




JRFMaleVietnam2014-01-07 01:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs a binder absolutely necessary? We're finally filing!!!

 

What did you have to send photos for?  This is all pretty new to us, so I'm just trying to make sure that immigration gets everything they need!  goofy.gif

 

I sent photos to document our visits as part of the initial application (I-130) - to include plenty of local landmarks, family members, different times of year, etc.  I felt 30 was more than enough to cover everything.  Defining what they need can be a bit tricky - suggest you save everything and anything and when preparing your package err towards more rather than less.  I felt that having multiple types of documents (so for example pictures plus boarding passes plus passport stamps plus selected Skype logs) were better than 150 pictures and nothing else...


Edited by JRF, 27 December 2013 - 07:21 PM.

JRFMaleVietnam2013-12-27 19:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs a binder absolutely necessary? We're finally filing!!!

Skip the fancy binders as others have said...paper clips are perfect.  I copied pictures into powerpoint and added captions with date, location and names of those in the pictures.  Six to a page, I sent maybe 30 or so pictures over four or five trips.  


JRFMaleVietnam2013-12-27 18:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI miss my wife do i have the right to visit ??? Please enter

Nothing wrong with trying especially if you aren't concerned about the cost of doing so. Unless you can prove beyond a doubt you MUST return you will be denied. Once that is done you can apply again. Actually you can apply as many times as you want to until you have proven to yourself they will never grant you a tourist visa. These denials will not change your chances of a different visa in the future.

Make a list of what things force you to return. Having a job wont change the outcome for example.

I suggest you read up on the possibility of your immigrant case going into A P. This is very possible in a case where the people are your ages. I offer this because you have not understood peoples attempt to help you here which is simply due to your lack of knowledge of these difficult processes. Hopefully you will avoid the black hole of A P when the time comes but you need to be aware of the possibility.

 

 

Agree...hope for the best and prepare for the worst.  Don't get too hung up on timelines and averages, but rather focus on what you can do to influence the process.  This is a little like the Army, hurry up and wait.  Embrace the suck and all that.  

 

Get a hobby, spend time with friends, etc. as another poster suggested.  Create relationships with others on VJ and trade tips on how to cope.  Pray if that is your thing.  Volunteer your time.   Build skills that are useful for your future life in the US.  The time will pass and before you know it you are united with your loved one.  


JRFMaleVietnam2014-01-05 20:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHelp! Questions about filing taxes

I think the proper approach is to model your tax liability at either MFS or MFJ and choose the approach that results in a lower tax bill.  Most people should be able to complete taxes on their own (Turbo Tax is great).  If you go the MFJ route and apply for an ITIN simultaneously you will need to file a paper return, along with the ITIN paperwork.  Your husband will need to sign both your 1040 and the W-7 (if you go ITIN/MFJ) as well as send a certified copy of his passport.  All of this was noted previously.  Depending upon your income level the MFJ path could have substantial savings.  And who doesn't like to legally reduce their tax bill?

 

OP, suggest you do some more research.  The IRS website is fairly helpful and you can (with some effort) find what you need here.  If you can navigate the visa process filing your taxes with an ITIN application shouldn't be that difficult.

 

Best of luck.


JRFMaleVietnam2014-02-02 14:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestions about self-translation of documents for I-130 packet

I did not translate what was in the stamps.  I also did not replicate signatures.  You can translate the name.  


JRFMaleVietnam2014-04-14 06:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestions about self-translation of documents for I-130 packet

I did not include any stamps on the translations (and there were a lot of stamps on the originals).  

 

You simply have to include a statement to the effect you are competent in both English and, in this case, Japanese.  You can find plenty of such sample statements via search in VJ.

 

Simply translate the corrected address.  I don't fully understand the font question, but it seems you are (justifiably) nervous and over-analyzing the task.  I was similarly worried when submitting all of the translations and I never had any issues.  

 

If your Japanese is good I personally don't see the need to hire a translator.  I used a co-worker for most of my translation (free) and was able to do some of it myself.  No issues.

 

Best of luck!


JRFMaleVietnam2014-04-13 20:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTax Returns, W-2s, 1099s vs Transcripts

Transcripts are much more condensed, particularly if you have a lot of itemized deductions, partnership income, etc., with all of the associated schedules.


JRFMaleVietnam2014-04-17 07:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUSCIS requested the case back from the embassy

OP...I am very sorry I don't have any advice.  I will say however I wish you and your husband the best of luck.  You've been through a lot, yet your posts are rationale and balanced.  For those who cannot bear to be separated from their loved one another month...they should check out your case and think about what it really means to be patient.

 

Off my soapbox.  And, again, best of luck.


JRFMaleVietnam2014-03-05 23:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 Nebraska status...

Suggest you read the guides available on VJ closely - absent responding to an RFE (if you receive one) there is nothing to do but wait for USCIS to finish their work.  You can check case status online with USCIS - in the event you have not received your NOA2 after about 5 months you can call to check status.  If that becomes necessary check the guides here for how to effectively obtain information when calling (it isn't as simple as asking the person who initially takes the call).  While you are waiting you can plot out all of the information you'll need for the next stage - police checks can take time in Vietnam so planning in advance is helpful.

 

Best of luck in your journey.

 


JRFMaleVietnam2014-06-20 14:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 sent to NVC, no word from NVC

 

We received a letter by mail saying that on July 17th our I-130 was approved by the USCIS and had been forwarded to the NVC. It then said if we do not hear from the NVC within 30 days (so we are counting 30 days from July 17th) that we should contact them. I wrote to them via email last Wednesday (a bit early, I know) and have not heard back. Their phone number rings busy this morning.

As per the first responder's advice, I rang the USCIS this morning to double check that our file was indeed sent to the NVC and they confirmed that it is no linger in their jurisdiction.

 

I forgot to add - the number for NVC will always be busy.  I put them on speed dial, and it normally took 10-15 repeated tries over a minute or two to get through.


JRFMaleVietnam2014-08-11 15:08:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 sent to NVC, no word from NVC

You can call NVC to see if they have your case - if they answer no, that means it's either still at USCIS or in-transit.  In that case, you need to contact USCIS to see whether they've sent the case to NVC.  If they answer yes, you need to know when, and, to confirm it was sent to NVC and not the NRC.  If they answer no, you need to understand why and when they plan to transfer the case.  This sounds simple, but it can be time consuming.  Put another way, you need to figure out where your case sits in the process.

 

Thirty days is not unusual.  Unless you have a clear chronology of what's transpired, and what hasn't happened, you aren't really in a position to contact a congresssional rep (unless you feel lucky about the chances they'll do this homework for you.  I personally don't like to count on luck or goodwill). 

 

My advice (and I had to learn all this the hard way) is to know the process inside and out, and, have a documented history of your case (who you called, when you called, etc.). 

 

60 days to process the case at NVC sounds customary.  For point of reference, it took 60 days (and a lot of calling, process review and prodding on my part) for USCIS to send the case to NVC (although it was coming from a local office, so different process).  Our file spent four months at NVC...one month of that being due to an RFE (so three months, or 90 days assuming no RFE).  We received our NOA2 in late May, and the interivew didn't occur until late January of the following year.

 

I used Ning's process flows on VJ - they were invaluable.

 

Good luck.


JRFMaleVietnam2014-08-11 11:00:00
K-1 Fiance(e) Visa Process & ProceduresNOA1 Hard copy
Others with more experience might disagree but my advice would be to contact them (the form requests you contact them if any information is incorrect). Our NOA1 had my wife's country of birth correctly completed.
JRFMaleVietnam2013-01-31 18:13:00
K-1 Fiance(e) Visa Process & ProceduresFreaking out about my RFE

@Grace and Irfan...thanks for reminding me about hotel reservations.  I use Agoda for all of my hotel reservations, they have nice printed vouchers that I can print and include in our mountain of evidence.  Many times the bill is not legible (I saved them) or they don't give you a bill (if you pre-pay on Agoda).  

 

 


JRFMaleVietnam2013-06-04 10:35:00
K-1 Fiance(e) Visa Process & ProceduresI got scammed the biggest scam of my life

I agree - if this is a scam it's one of the worst thought-out scams ever. Perhaps she is getting pressure from family to have a ceremony before she leaves - without understanding the potential implications on her admissability into the US.  I personally wouldn't conduct a non-legal ceremony - too much risk.

 

My wife and I discussed both routes (K-1 vs CR-1).  It was important to her family in VN that she have a traditional wedding so we went that route, even knowing it would delay her entry into the US.  Don't undersestimate the influence of family in Asian culture. 


JRFMaleVietnam2013-06-12 11:55:00
K-1 Fiance(e) Visa Process & ProceduresGathering of paper work

Recommend you read the guides (URL to one is copied below).  This will give you all of the details you seek, for both the K-1 and CR-1 visas:

 

http://www.visajourn...he_NVC_ShortCut

 

See the section related to the 864 - details the tax transcript information required.


JRFMaleVietnam2013-06-12 15:14:00
K-1 Fiance(e) Visa Process & ProceduresSo confused about several things... please help

Good luck with your journey.  Understand that it involves a fair amount of waiting, uncertainty, expense, and trusting.  In that sense it's no different than any other relationship.  

 

On days that I feel sad about being physically apart from my wife I remember two things - first, it was our choice to take this journey. Second, I am not away from her on deployment to a war zone.  The biggest risk to my safety is the 405.  

 

Hang in there and good luck!


JRFMaleVietnam2013-06-25 22:36:00
K-1 Fiance(e) Visa Process & ProceduresDon't want to marry her anymore!

Hmm...or a troll.


JRFMaleVietnam2013-06-27 12:40:00
K-1 Fiance(e) Visa Process & ProceduresDon't want to marry her anymore!

Folks..look at the time this "member" joined and the time of the first post.  Looks suspicious...


JRFMaleVietnam2013-06-27 12:35:00
K-1 Fiance(e) Visa Process & ProceduresTax Forms For Interview K-1 Visa

You will need the transcripts...to independently verify income.


JRFMaleVietnam2013-06-29 09:29:00
K-1 Fiance(e) Visa Process & ProceduresCan my fiancé state date and location on pictures or should I do it?

Seems easier to use your names (and not the words "petitioner" and "beneficiary") - my wife and I have three letter names so this was the easier approach.  I would go with whoever's handwriting is easier to understand.  In our case that is a toss-up (please don't tell my wife!).

 

So...I think you are fine using the pictures he sent you.  Remember to provide evidence such as passport stamps, boarding passes, etc.


JRFMaleVietnam2013-07-07 16:35:00
K-1 Fiance(e) Visa Process & Proceduressame sex K-1 visa

Vietnam is considered high-fraud - more is better.  You don't need to translate things like emails, etc. into English.  The guides will tell you exactly what does require a certified translation (i.e. beneficiary's birth certificate, police check, etc.).  As long as at least one of your visits was in the past two years it sounds like you have all of the right supporting documentation.  

 

I know you have to be married within 90 days of the beneficiary's arrival in the US.  I don't know whether that means you have to be legally married in the state where you live.  I would think you can find free legal aid from any number of organizations but given the newness of it all if this isn't covered by regulation or statute (or precedent, which is unlikely) your best bet is to file and see what they say.  

 

Best of luck!


JRFMaleVietnam2013-07-01 13:11:00
K-1 Fiance(e) Visa Process & ProceduresShould I Get a lawyer involved because of this RFE fiasco?

Attorney can't really help you because they can't do anything you are unable to do using knowledge from other members.  I wouldn't look at the Infopass appointment as a waste of time - you need to try a variety of approaches.  First thing to do is confirm the address USCIS has for you and check with the post office.  


JRFMaleVietnam2013-08-21 11:53:00
K-1 Fiance(e) Visa Process & ProceduresFiancé forgot he was married before!

Well...good luck to you.  You..not him.  

 

 


JRFMaleVietnam2013-08-27 22:14:00
K-1 Fiance(e) Visa Process & ProceduresDS260

 

This guide does not apply for someone applying for a K-1. A K-1 applicant does not send anything to the NVC nor use those forms.

 

 

Call or email the NVC to ask for your case #, invoice # and beneficiary ID #. Use those to fill out the DS-260.
 

 

 

Sorry...mea culpa.


JRFMaleVietnam2013-09-18 21:40:00
K-1 Fiance(e) Visa Process & ProceduresDS260

Suggest you review the following carefully - it will assist you with understanding the process and timeline:

 

http://www.visajourn...he_NVC_ShortCut


JRFMaleVietnam2013-09-18 21:02:00
K-1 Fiance(e) Visa Process & ProceduresInterview This Week - Mistake on Form

In order to substantiate the income you will have to provide tax records, preferably transcripts from the IRS but a return with 1099s, etc. would suffice.  Are you saying you did not file for tax year 2012?  If so I think you have a couple of issues; one is related to any tax you might owe and the fact that a return must be submitted regardless, and the second is the accuracy of the information you provided on the biographic form.  My advice (and it's just my advice) would be to make right on the taxes and use this to substantiate your income for the purposes of the visa.  Granted that might slow things down but it seems to me (and again it's just an opinion) the best route to take.

 

Am I misunderstanding your situation?

 

 


JRFMaleVietnam2013-09-22 12:32:00
K-1 Fiance(e) Visa Process & ProceduresHow long do I need to main sufficient income?

Another option is to find a job that has a high enough salary/wage to meet the guidelines, marry your fiance and save until the time when you can afford to go to school (and he works).  

 

 


JRFMaleVietnam2013-10-21 21:39:00
K-1 Fiance(e) Visa Process & ProceduresIs there a limit to how much $ i can bring as k1 visa holder?

You are permitted to bring any amount, yet you need to declare the amount if it is greater than $10,000.  As to your question whether this will be enough - that all depends upon where you live and how much you spend.  Your provide suggests the NYC area, which is expensive.

 

Build a household budget with your fiancé and you have your answer.


Edited by JRF, 30 November 2013 - 11:01 AM.

JRFMaleVietnam2013-11-30 11:01:00
K-1 Fiance(e) Visa Process & ProceduresFinancial debt and K1 Visa

If only the USG were that efficient at tracking debts owed...

 

:)


JRFMaleVietnam2013-12-01 11:27:00
K-1 Fiance(e) Visa Process & ProceduresPassport Name vs. Visa Name

It's like the difference between "John Henry Smith" and "Henry John Smith."

To be clear: it's not an issue of given name vs family name. Like many people in Vietnam, she has two parts to her given name, but she goes by the second part. For example, her name is "XXX YYY Nguyen" but I have always called her "YYY" and with her friends and family she is "YYY." Her passport says "XXX YYY Nguyen" but the visa says "YYY XXX Nguyen."

I had asked the consulate to change it months ago, but they said they could not.



 

This happens frequently - flipping of the order.  I personally don't think it is a problem, especially if the consulate didn't feel it was an issue.  The airline shouldn't have an issue, since she is departing from VN and they obviously understand the situation.

 

I call my wife Vo.  If I use her name (YYY) without a pronoun before it I get a glare.  It does get her attention however.  smile.png

 

The middle name being out of order shouldn't be an issue either...say Thi before Phuong or after...


Edited by JRF, 30 November 2013 - 11:10 AM.

JRFMaleVietnam2013-11-30 11:08:00
K-1 Fiance(e) Visa Process & ProceduresPassport Name vs. Visa Name

I suggest you do a little more homework.  What it appears happened is they flipped the order of her name, showing her family name last, which is the convention here in the US.  For example, if her name was Nguyen Thi Thanh Phuong and the visa says Phuong Nguyen I wouldn't be that worried.

 

Regardless, suggest you do some more digging before panicking.


JRFMaleVietnam2013-11-29 22:39:00
K-1 Fiance(e) Visa Process & ProceduresLosing sleep over K1

I think I can help a little, at least with regard to local rules and customs.  You do not exactly file your marriage with the government in VN, you must obtain approval.  This is why OP was told to wait 21 days - although being VN there are ways to expedite the process.  Anyways, from the perspective of the government in VN he is not married.  

 

Someone posted he needed to file the marriage here, meaning the US.  This is not true.  If he was considered married in VN he would be considered married in the US.  I am married to a VN national and do not have to file this in the US.  In the event I wish to divorce her (speaking hypothetically) I would have to file for the divorce in California, where I currently live. 

 

What the OP did wasn't that unusual.  I know of others who filed for a K-1 visa and had a wedding reception for the benefit of people in VN.  In one case the couple did this after their K-1 was approved but before she left for the US.  I thought it was very risky but cultural norms are pretty powerful in VN and the reception is a very big deal.

 

That said it was a mistake to send this with the application.  I've heard of COs being sneaky about trying to figure out if K-1 applicants are married instead of engaged.  VN is a high-fraud consulate, which makes it tougher.  In this case I am afraid the OP did their work for them, albeit unknowingly and innocently.  

 

I will defer to others as to how OP should handle it going forward.  Part of me thinks he should wait for the interview and try to explain, although that's not likely to work, IMHO.  Perhaps his fiancé could obtain a certificate of single status as a way of trying to demonstrate they were not legally married in VN.  I also doubt that would work.  

 

He could withdraw the petition, then get married and file for a CR-1.  This may be the only realistic path forward but this will cause a heck of a delay in her arrival.  Perhaps a suggestion is to wait the three months for the interview and try to convince the CO (if it comes up) that you only had the reception (at least they should understand how important this is in VN).  It probably won't work, but just might.  

 

Good luck!


JRFMaleVietnam2013-11-13 23:45:00
K-1 Fiance(e) Visa Process & ProceduresI134 Questions

Hello, so I think I have completed the I134.... in my case, I have enough income to go over the 125% .... what do I attach to this? I have the letter of employment, last 3 year income tax and the tax transcripts for these years.... I have also attached my pay stubs for the last 3 months... Do I need to attach bank information documentation like statements or certificates of deposit? Anything else? Thanks!

 

Your earned income support is sufficient - no need to provide documentation regarding assets.  


JRFMaleVietnam2013-12-26 13:30:00
K-1 Fiance(e) Visa Process & ProceduresFilling out I-129, question about Vietnames accent marks

You can use the standard Roman alphabet.  I have always used it for my forms (they often don't accept the diacritical marks).  Never any issues.

 

 


JRFMaleVietnam2014-01-06 22:59:00
K-1 Fiance(e) Visa Process & ProceduresFiling I-129 - question on what needs to be translated
Having the letter from your fiancé's parents is helpful as it indicates family support. Evidence of time spent together and an engagement ceremony (even modest) is more important than the letter. As others have stated any official document must be translated to English. A simple statement (sample wording available via search on vi) attesting to the translators competency is sufficient.

Best of luck to you and your fiancé


JRFMaleVietnam2014-01-06 23:36:00
K-1 Fiance(e) Visa Process & ProceduresQuestion on translating supporting doc such Emails

Here is my thought as I am starter in this process.... With out going into details i.e. into specific message, I would take screen shots of the page that shows when each message was received and sent.  Go as far as the initial communication you started with your fiance.  All you are trying to demonstrate here is you have had a continual relationship with your fiancee.. this is equivalent with the phone calls that only shows the dates and for how long you stayed on the phone.  As for the detailed message, from what I heard, your fiance may need to print randomly from the communication and present it during the interview.  The range should encompass from the beginning, middle and end of your relationships.  Just a thought...

 

 

Samples are fine...if we printed the entire Skype log it would consume over 2,000 pages.  That doesn't include emails and Viber.  Simple selection from various time periods as you indicate is sufficient.  


JRFMaleVietnam2014-01-06 23:02:00
K-1 Fiance(e) Visa Process & ProceduresQuestion on translating supporting doc such Emails
I personally don't think it's necessary to translate. I use English with my wife and VN with my father in law. I'm not planning on doing any translating - they can see the history of contact and my wife can handle during the interview. Doubt it will come up though.
JRFMaleVietnam2014-01-06 14:59:00