ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresBirth Certficate of Fiance in Russian Language
The I-129F petition phase of the K-1 process does not require the beneficiary's birth certificate at all. The only birth certificate you'd submit with an I-129F is the US citizen's, and if the US citizen's birth certificate is in Russian you'll need something else (passport, Consular Report of Birth Abroad, Certificate of Naturalization, Certificate of Citizenship, etc.) to establish US citizenship and eligibility for the benefit.

:guides: Step-by-Step Guide on How to File for a K-1 Visa for your Foreign Fiance(e)

Translate it. The NVC cannot read Russian.



I-129F/K-1 filers do not submit any documents to NVC. After the I-129F is approved and the beneficiary is preparing for the interview at the US embassy/consulate abroad, the birth certificate will need to be submitted along with a certified English translation.
Stephen + ElishaMaleSouth Korea2012-01-28 23:24:00
K-1 Fiance(e) Visa Process & Proceduresk1 visa police report info
The beneficiary will need a police certificate from any country where he/she has lived for 6 months or more after his/her 16th birthday.



Required Documentation
You, the foreign-citizen fiancé(e), (and eligible children applying for K-2 visas) will be required to bring the following forms and documents to the visa interview:

  • Two (2) Nonimmigrant Visa Applications, Form DS-156 (prepared in duplicate).NOTE: K-1/K-2 visa applicants should not fill in Form DS-160, Online Nonimmigrant Visa Application
  • One (1) Nonimmigrant Fiancé(e) Visa Application, Form DS-156K
  • One (1) Application For Immigrant Visa and Alien Registration, Form DS-230, Part I (You are not required to complete Part II.)
K Visa applicants applying at U.S. Consulate General Montreal and U.S. Consulate General Ciudad Juarez have different application form requirements. Review information on the U.S. Consulate General Montreal orU.S. Consulate General Ciudad Juarez website to learn which forms you must complete.

  • A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S. (unless country-specific agreements provide exemptions)
  • Divorce or death certificate(s) of any previous spouse(s) for both you and the U.S. citizen sponsor
  • Police certificates from your present country of residence and all countries where you have lived for 6 months or more since age 16 (Police certificates are also required for accompanying children age 16 or older)
  • Medical examination (vaccinations are optional, see below)
  • Evidence of financial support (Form I-134, Affidavit of Support, may be requested)
  • Two (2) 2x2 photographs. See the required photo format explained inPhotograph Requirements
  • Evidence of relationship with your U.S. citizen fiancé(e)
  • Payment of fees, as explained below



http://travel.state....pes_2994.html#6

Edited by Stephen + Elisha, 28 January 2012 - 11:28 PM.

Stephen + ElishaMaleSouth Korea2012-01-28 23:26:00
K-1 Fiance(e) Visa Process & ProceduresDo i really need the letter of intent?

You have statistics on this?

Several years ago their was much discussion on USCIS allowing unsigned letters of intent and g-325a's as long as they were completed at the consulate. I could dig this up for you if you want.

I wasn't addressing the issue of unsigned letters of intent. The poster I quoted stated that they didn't submit letters of intent with the I-129F at all. That constitutes an omission of initial evidence and makes the petition a prime candidate for an RFE or denial for failure to submit initial evidence.




Stephen + ElishaMaleSouth Korea2012-01-30 09:40:00
K-1 Fiance(e) Visa Process & ProceduresDo i really need the letter of intent?

Follow K1 Guide and send Letter of Intent with I-129F and take updated ones (dated following NOA2) to interview. Then you've got it covered.

Posted Image

Only thing I'd add is that you really only need an updated letter of intent from the petitioner at the interview. During the interview, the beneficiary will swear under oath before the consular officer that he/she is free to marry and intends to marry the petitioner within 90 days of his/her arrival in the US.


Stephen + ElishaMaleSouth Korea2012-01-29 00:17:00
K-1 Fiance(e) Visa Process & ProceduresDo i really need the letter of intent?

We did not submit a letter of intent with our paperwork and it was fine. We turned one in at the interview.



So you slipped through the cracks. Congratulations. The I-129F instructions say submit original statements of intent for the petitioner and the beneficiary. The vast majority of people who fail to do so will receive an RFE or an outright denial. "But mugumogu on VisaJourney got his I-129F approved without one!" isn't going to change USCIS' mind.

Follow the instructions. Get approved. Live happily ever after. The end.
Stephen + ElishaMaleSouth Korea2012-01-29 00:13:00
K-1 Fiance(e) Visa Process & ProceduresDo i really need the letter of intent?
Your lawyer doesn't know what she's talking about.

The letter of intent requirement comes right from the I-129F instructions:


B. Provide original statements from you and your fiancé(e) whom you plan to marry within 90 days of his or her admission, and copies of any evidence you wish to submit to establish your mutual intent


There's also no requirement that the beneficiary has a passport at the time of I-129F submission. She'll just need to have it by the time the petition's approved so she can prepare for the interview and medical.
Stephen + ElishaMaleSouth Korea2012-01-28 02:06:00
K-1 Fiance(e) Visa Process & ProceduresHow much in assets?
Hank_Amy, we're saying the same thing. If you need five or three times the difference between the poverty guideline and income, that means that assets are only counted at 1/5 or 1/3 their total value toward the poverty guideline. In your example, $15,000 in assets is required to make up a shortage of $5,000 in current income. 15,000 / 3 = 5,000.

Edited by Stephen + Elisha, 31 January 2012 - 04:53 PM.

Stephen + ElishaMaleSouth Korea2012-01-31 16:50:00
K-1 Fiance(e) Visa Process & ProceduresHow much in assets?
Here are the pertinent sections of the I-864 affidavit of support instructions:


Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included.

In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current poverty guidelines for your household size. However, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference.

In other words, any assets used to make up the difference between your income and the poverty guidelines will only be counted at 1/3 of their value.

At the visa interview, the State Department does not establish any hard-and-fast rule. The applicant (your fiance) must demonstrate to the consular officer's satisfaction that he will not become a public charge once in the United States. Thus, your mileage may vary based on the consulate. That said, they will often apply a similar or identical standard to that used to adjudicate the I-864.

Your best bet at the K-1 stage is to do some research on the particular embassy/consulate where your fiance will interview: find out how they handle the support/sponsorship requirements. But you'll also want to keep in mind the I-864 rules, because they come up again when it's time to adjust status (apply for the green card) after you get married.

Edited by Stephen + Elisha, 29 January 2012 - 02:17 AM.

Stephen + ElishaMaleSouth Korea2012-01-29 02:09:00
K-1 Fiance(e) Visa Process & ProceduresDS-230
For what it's worth, the VisaJourney Dublin embassy info page also says Part I of DS-230.
Stephen + ElishaMaleSouth Korea2012-02-06 10:53:00
K-1 Fiance(e) Visa Process & ProceduresDS-230
Follow the instructions you received from the Embassy. That said, the Dublin embassy's page on K-1 visas says "DS-230 Part I."

http://dublin.usemba...ees_visas2.html
Stephen + ElishaMaleSouth Korea2012-02-06 10:32:00
K-1 Fiance(e) Visa Process & ProceduresDS-230
K visa applicants generally only fill out Part I of the DS-230. The questions you mention are on Part II. In any case, they don't apply to a K visa applicant. Even if you answer "yes," you won't automatically be issued an SSN. You'll still have to go apply in person.
Stephen + ElishaMaleSouth Korea2012-02-06 10:27:00
K-1 Fiance(e) Visa Process & Proceduresmissed G325A info
It shouldn't cause any problems, assuming that information was filled in on the first page of the I-129F (question 3a on the current edition). According to the I-129F instructions, except for name and signature you don't have to repeat on the G-325A any information given on the I-129F form.
Stephen + ElishaMaleSouth Korea2012-02-06 20:18:00
K-1 Fiance(e) Visa Process & ProceduresPOE- JFK: Reviews please!
VisaJourney JFK POE Reviews
Stephen + ElishaMaleSouth Korea2012-02-07 10:12:00
K-1 Fiance(e) Visa Process & ProceduresDo the G-325A and the statement of intent have to be notarized?
Neither of these documents requires notarization. Signed and dated is fine.
Stephen + ElishaMaleSouth Korea2012-02-07 12:06:00
K-1 Fiance(e) Visa Process & ProceduresI-129F or I-130

The timeframe is approximately the same for both but a CR-1 would allow her to work & travel upon entry and is cheaper than a K-1.

Posted Image Cheaper and less paperwork, as there's no need to adjust status on the CR-1 as there is with the K-1.
Stephen + ElishaMaleSouth Korea2012-02-07 14:32:00
K-1 Fiance(e) Visa Process & ProceduresBeneficiary change of address - TO A NEW COUNTRY!
You'll need to wait until NOA2, then get in touch with NVC to ask them to direct the petition to the USEM in Canada rather than UAE.
Stephen + ElishaMaleSouth Korea2012-02-07 14:30:00
K-1 Fiance(e) Visa Process & ProceduresDS-157 & DS-158
Bismark, you haven't even reached that stage of the process yet. How can you make such a sweeping, authoritative statement?

I know for a fact that some embassies don't care whether you fill out the DS-156 online or not. Knowledgeable longtime VJers like Gary and Alla will back me up on that. Other embassies care very much.

The moral of this story: follow your embassy's instructions.

Edited by Stephen + Elisha, 08 February 2012 - 11:46 AM.

Stephen + ElishaMaleSouth Korea2012-02-08 11:45:00
K-1 Fiance(e) Visa Process & ProceduresDS-157 & DS-158

Any idea, with the DS-156, the one with the Barcode on it..... Do I HAVE to use the one the Embassy send me, or can I use one I filled online and printed? It has a barcode on it, it generated it's own uniques barcode.

Any ideas??


Follow your embassy's instructions. Some REQUIRE the version that's filled out online with the unique 2D barcode, others don't care.
Stephen + ElishaMaleSouth Korea2012-02-08 11:38:00
K-1 Fiance(e) Visa Process & ProceduresMY Fiance(e) is Pregnant

How about taking vaccines? I think it will impact that.



Unlike IR-1/CR-1 immigrant visas for spouses, the K-1 visa does not have any vaccination requirements. Many people get vaccinations done at the visa medical because they're cheaper abroad than in the US and they will be required for AOS. But they are not required for the visa.
Stephen + ElishaMaleSouth Korea2012-02-09 01:40:00
K-1 Fiance(e) Visa Process & ProceduresPoverty guidelines requirements
merkin, your information is correct—but you're kind of missing the point.

  • Consular officers have wide latitude in making the determination regarding adequate support. They're not required to ask for the I-134 at all. If they do, there's no hard-and-fast rule for adjudicating it. The Foreign Affairs Manual states only that "It is only necessary that the consular officer be able to conclude that the alien is not likely to become a public charge." (cf. 9 FAM 41.81 PN 2)
  • The 125% requirement comes into play shortly after the K-1 holder enters the US, marries the petitioner, and applies to adjust status. If at that point you can't demonstrate the 125%, adjustment of status will be denied. Consular officers are not unaware of this fact.
Given these two facts, if you try to skate by at the interview with support documents that only show 100%, you're playing with fire. You'll have to meet the 125% requirement in very short order anyway, and since the consular officer makes the call, that 25% may lead to a denial. It also may not, but do you really want to take that chance?
Stephen + ElishaMaleSouth Korea2012-02-09 03:15:00
K-1 Fiance(e) Visa Process & ProceduresForm I-129F Part C Questions 2 and 3
Jessica24, the instructions on the I-129F require submission of certified copies of court records if you have ever been convicted of any of the following crimes (the "following crimes" being those listed in items 1-3). A protection order is not a conviction.

The magic of Google provides these earlier threads on the same topic. Some good, solid advice from knowledgeable longtime VJers can be found therein. Tolle, lege.


http://www.visajourn...riminal-record/

http://www.visajourn...anor-or-felony/

Edited by Stephen + Elisha, 09 February 2012 - 01:06 AM.

Stephen + ElishaMaleSouth Korea2012-02-09 01:06:00
K-1 Fiance(e) Visa Process & ProceduresForm I-129F Part C Questions 2 and 3
A protective order does not qualify as "convicted in a court of law." Convicted in a court of law means "arrested and plead/found guilty."

You should note, though, that those protective orders will probably come up when USCIS runs their background checks on you, and they are required by the IMBRA to send that information to the Department of State to be given to your fiancee by the embassy. So if she doesn't know about them, you might want to let her hear it from you rather than from a consular officer.
Stephen + ElishaMaleSouth Korea2012-02-07 22:35:00
K-1 Fiance(e) Visa Process & ProceduresDenied for missing divorce decree- reapply or appeal?

That is what Im trying to locate... Am I missing something?

That is what Im trying to locate... Am I missing something?


1.
Posted Image


2.
Posted Image

Stephen + ElishaMaleSouth Korea2012-02-09 13:47:00
K-1 Fiance(e) Visa Process & ProceduresDenied for missing divorce decree- reapply or appeal?
At the risk of being harsh, the issue that you have seems to be following directions. If you don't send any documentation, you don't get an RFE—you get denied for failure to provide initial evidence.

RFEs can be for one of two things:
  • Missing initial evidence: If you omitted one required document, you'll probably get an RFE for it. But any omission of the required initial evidence listed in the instructions is a potential cause for denial. Omit ALL the required initial evidence, and you're begging for a denial.
  • Additional evidence: The adjudicator determines that more information is required to determine eligibility for the requested benefit. For example, if you just submitted a couple of photos as evidence of meeting in person within the last 2 years, you'd likely receive an RFE for additional evidence specifying dated documentary proof such as boarding passes, hotel receipts, etc.

Stephen + ElishaMaleSouth Korea2012-02-09 12:18:00
K-1 Fiance(e) Visa Process & ProceduresDenied for missing divorce decree- reapply or appeal?

I'm kinda confused now.. I received a denial two days ago and it stated failure to provide evidence. I am thinking it was due to me not including my divorce decree. I never received an RFE for my that paperwork and they included an appeal notice which I have to send my supporting documentation and a whopping $630??? That is what I don't understand!!!!


Did the denial notice specify what evidence you were missing?

Did you send any documentation of your divorce?

Was there any other initial evidence that you didn't submit?

Aside from those questions, don't waste your time and money on an appeal. File the I-129F again, it costs half as much. This time, read the instructions carefully, read the VisaJourney guide, and follow them to the letter. Make sure you submit all required evidence, unless you like giving money away to USCIS.
Stephen + ElishaMaleSouth Korea2012-02-09 01:52:00
K-1 Fiance(e) Visa Process & ProceduresEmployment letter....From whom?!
I got mine from my boss. Worked fine. Make sure it's on company letterhead.
Stephen + ElishaMaleSouth Korea2012-02-09 15:47:00
K-1 Fiance(e) Visa Process & Proceduresfull time student and i-134 question

omg i meed help in this . Im dont have a job because im a full time student, i send the k1 petition and im sure they gonna ask me how i will support my fience. My dad is the one thats gonna file the I-134 for me . is that ok or its me the one that have to be filling the form ???? plissss help


The petitioner must be the primary sponsor. Your dad may (or may not) be allowed to submit an additional I-134 as a joint sponsor. I'd advise you to do some research into the embassy where your fiance will interview to determine whether or not they allow joint sponsors at the visa application stage—some do, some don't.
Stephen + ElishaMaleSouth Korea2012-02-09 10:37:00
K-1 Fiance(e) Visa Process & ProceduresHow long is the process for an AOS from an K-1 visa?
Three and a half months for us (including an RFE for vaccinations: she'd had them in Seoul, but for whatever reason USCIS decided we needed them transcribed onto their form). Advance parole (the old paper version) showed up about a month before the GC. EAD was supposedly mailed around the same time as AP but never showed up. We put in a service request but got the GC shortly thereafter. Case was transferred to CSC and GC was approved without interview.

Edited by Stephen + Elisha, 09 February 2012 - 09:35 PM.

Stephen + ElishaMaleSouth Korea2012-02-09 21:34:00
K-1 Fiance(e) Visa Process & ProceduresK-1 fiancee visa if my divorce isn't final
A short duration between divorce and a K1 petition can raise flags for several reasons. For one, it may be contrary to the cultural norms of the beneficiary's country if there's a customary length of time for engagement there.

Also, in some countries, there's a scam where people sham-divorce then petition a friend/family member of the ex on a fiance visa. Once the "new girl" has arrived in the US and adjusted status, the "ex" and the petitioner get back together. If your ex is from the same country as your fiance, it magnifies the chances that this suspicion will arise along the way.
Stephen + ElishaMaleSouth Korea2012-02-10 00:47:00
K-1 Fiance(e) Visa Process & Proceduresi-134 or i-864
Well, that's discouraging that the embassy is giving out conflicting information. If it were me, I'd probably try to call or email the embassy and find out firsthand what they require.
Stephen + ElishaMaleSouth Korea2012-02-09 17:17:00
K-1 Fiance(e) Visa Process & Proceduresi-134 or i-864

I have the same question. Im from Venezuela and our interview ist pretty soon. I thought we only needed I134 but a friend of mine told me that I have to submit both... Im confused. Wich are the support documents for both of them?


"Fiancé(e) and spouse "K" visa applicants, however, should instead submit an I-134 Affidavit of Support from the Petitioner."


http://caracas.usemb...quirements.html

It's not entirely clear from the embassy page, but it seems as though they want the same supporting documents (copy of petitioner's most recent tax return).

Edited by Stephen + Elisha, 09 February 2012 - 05:03 PM.

Stephen + ElishaMaleSouth Korea2012-02-09 17:02:00
K-1 Fiance(e) Visa Process & Proceduresi-134 or i-864
Casablanca requires the I-134 with a copy of the petitioner's most recent tax return (1 year).

http://morocco.usemb...ance-visas.html
Stephen + ElishaMaleSouth Korea2012-02-09 16:44:00
K-1 Fiance(e) Visa Process & Proceduresi-134 or i-864
What country? And were you looking at information for immigrant visas or specific to the K-1?
Stephen + ElishaMaleSouth Korea2012-02-09 16:27:00
K-1 Fiance(e) Visa Process & ProceduresWhat does it mean when NVC say their doing futher review
Ah, the dreaded NVC AP ("Additional Processing"). It means you're stuck at NVC for a while. Feel free to check our timeline: it was three weeks for us.
Stephen + ElishaMaleSouth Korea2012-02-10 11:04:00
K-1 Fiance(e) Visa Process & Proceduresi 129f extra evidence ongoing relationship

i worked 19 hrs yesterday, only have 2 hrs sleep.. i guess i doozed off before that last line..

op.. disregard that line


I know what that's like. Unfortunately, when I get sleep-deprived I get (more) snarky. I could have just pointed out that they said they'd met. Sorry 'bout that.

and do you offer advice or do you just go round pointing out other peoples errors?? :P


Check my posting history, it speaks for itself.
Stephen + ElishaMaleSouth Korea2012-02-10 13:05:00
K-1 Fiance(e) Visa Process & Proceduresi 129f extra evidence ongoing relationship

ps.. ya'll have met in person yes?


You do actually read posts before you reply to them, yes?

And well thats all the other proof we have besides plane tickets and photographs together.


Stephen + ElishaMaleSouth Korea2012-02-10 11:00:00
K-1 Fiance(e) Visa Process & Proceduresaffidavit of support
Yes, your fiance still needs to fill it in. The petitioner must be the primary sponsor.
Stephen + ElishaMaleSouth Korea2012-02-09 15:46:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support
From what I've read, London sometimes allows K-1 applicants to self-sponsor. Even so, it's good for your fiance to have the I-134s and supporting documents from you and any joint sponsor in case the consular officer decides to ask (which is entirely within their discretion to do). If they do ask and he doesn't have them, it'll mean a delay in visa issuance.

Whether or not London lets him self-sponsor at the visa application stage, you WILL have to file an I-864 AOS after he comes here, you guys get married, and he applies for adjustment of status. If you don't have the income to meet the requirements, you'll need a joint sponsor.

As for your question "why would i be suporting someone that im not yet married too," married or not you're petitioning for him to receive immigration benefits for the purpose of marrying you. Under US immigration law, it's therefore your responsibility to ensure that he doesn't become a public charge once he gets here.
Stephen + ElishaMaleSouth Korea2012-02-10 01:12:00
K-1 Fiance(e) Visa Process & ProceduresK1 packet presentation?
The USCIS website has a page on this: General Tips on Assembling Applications for Mailing

A couple items from that page that specifically address points you brought up:
  • Do not use binders or folders that cannot be easily disassembled. (ed. note: they're just going to put the papers in their folder and throw your folder away anyway)
  • Use ACCO fasteners to hold together thick or bulky applications or petitions. Two-hole punching the top of the material for easy placement in the file is appreciated.
  • Avoid using heavy-duty staples; instead use ACCO fasteners or heavy clips.



Oops, I lied. That's three items. :)
Stephen + ElishaMaleSouth Korea2012-02-09 06:34:00
K-1 Fiance(e) Visa Process & ProceduresGot the NOA1, few questions now
1. The embassy will get your petition after it's approved by USCIS. You send your fiancee a copy so she's familiar with everything in it in case she's asked about any of it at the interview.

2. The second letter of intent is basically to let the embassy know that you still intend to marry her. By the time they get your petition, the included letter of intent will be months old.

3. If you just got NOA1 and you send the I-134 and supporting evidence now, it will be months old by the time she submits it. They want to see current, sustained income; 6-month-old paystubs or letters of employment are not the most convincing evidence of that. Send it after NOA2 so it's still fresh.

The Guides are written the way they are for a reason. They represent best practices based on the experience of many, many people who've walked this path before you.
Stephen + ElishaMaleSouth Korea2012-02-10 14:35:00