ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & Procedurespolice conviction- For K-1
question, not a progress report - moving to K-1 Process and Procedures...
Stephen + ElishaMaleSouth Korea2009-09-28 08:56:00
K-1 Fiance(e) Visa Process & ProceduresFacebook Concern?
Very very interesting. Thanks for posting this, Gary!
Stephen + ElishaMaleSouth Korea2009-09-28 11:44:00
K-1 Fiance(e) Visa Process & ProceduresFacebook Concern?
The Intelligence Community is data mining social networking sites like Facebook and MySpace for evidence of illegal activity. Some narcotraffickers, for example, are actually stupid enough to post their drug running comings and goings to their profile—can you imagine?

This sort of thing, which they call OSINT—Open Source Intelligence—is the latest craze in the intel and law enforcement communities, so it wouldn't surprise me to learn that Homeland Security (including USCIS) is in on it too.

Gary, I also highly doubt that they would deny a petition or visa based solely on what they found on someone's Facebook, but I bet it could lead to some pointed questions at an interview.

Edited by Stephen + Elisha, 28 September 2009 - 08:29 AM.

Stephen + ElishaMaleSouth Korea2009-09-28 08:28:00
K-1 Fiance(e) Visa Process & ProceduresUK Police check - No live trace - Juvenile shoplifting crime
QUOTE
9 FAM 40.21(a) N7.1 Provisions of INA
212(a)(2)(A)(ii)(I)
(TL:VISA-129; 11-09-1995)
U.S. Department of State Foreign Affairs Manual Volume 9 - Visas
9 FAM 40.21 Notes Page 20 of 27
As amended, a conviction or admission of the commission of a crime of
moral turpitude will not serve as the basis of ineligibility under INA
212(a)(2)(A)(i), if the following conditions have been met:
(1) The applicant has been convicted of or has admitted to the
commission of only one crime;
(2) The maximum penalty possible for the crime of which the alien was
convicted did not exceed imprisonment for one year;
(3) The applicant has been convicted, but the alien was not sentenced
to a term of imprisonment in excess of six months regardless of the
extent to which the sentence was ultimately executed;
(4) The applicant has admitted the commission of a crime of moral
turpitude, and the maximum penalty possible for such crime does
not exceed imprisonment for one year; and
(5) The applicant is otherwise admissible.


You'll also want to look at the section about crimes committed as a juvenile.

Edited by Stephen + Elisha, 30 September 2009 - 12:12 PM.

Stephen + ElishaMaleSouth Korea2009-09-30 12:11:00
K-1 Fiance(e) Visa Process & ProceduresUK Police check - No live trace - Juvenile shoplifting crime
Shoplifting, broadly speaking, is considered a crime involving moral turpitude. The actual determination of whether your specific offense involved moral turpitude takes in other factors, however, including the sentence received, the possible sentence, etc.

The fact that you were a minor at the time may get you off the hook as well.

State Department Foreign Affairs Manual - Notes on visa applicants who have committed crimes: http://www.state.gov...ation/86942.pdf
Stephen + ElishaMaleSouth Korea2009-09-30 12:05:00
K-1 Fiance(e) Visa Process & ProceduresCalling card proof?
QUOTE (Dawarig @ Sep 28 2009, 12:07 AM) <{POST_SNAPBACK}>
Remember all consulars are not the same some are too picky they ask more evidence, and some are easy they are not too picky so it depends.

You can tell yourself that all you like. Your question has been answered numerous times. I'm sure you don't like the answers that you've received, but that's not going to change the harsh reality of this situation. Used phone cards are useless. They prove nothing. They prove that someone called someone else. Only with call logs can you prove that you called your fiance.
Stephen + ElishaMaleSouth Korea2009-09-27 23:13:00
K-1 Fiance(e) Visa Process & ProceduresCalling card proof?
QUOTE (Dawarig @ Sep 25 2009, 11:33 PM) <{POST_SNAPBACK}>
I'm using this phone card long time; the phone card company they can not provide me call history where I called, how long did I talked etc. So if I Print out phone card transaction like how much I purchased would the consular accept that if I explain the situation.

Your question was answered on page 1:

QUOTE (JimVaPhuong @ Sep 23 2009, 08:50 PM) <{POST_SNAPBACK}>
QUOTE (Dawarig @ Sep 23 2009, 05:33 PM) <{POST_SNAPBACK}>
Where is the experts people I have one question, I hope you guys can help me. Me and my fiancée we communicate on the phone I use calling card phone from CallingCardPlus.com, but it don't show her phone number it just show only transactions how much I purchased is that good proof? what you guys think.

Appreciate your help


Nope. It proves only that you spend the specified amount of money on calling card minutes. If you're going to use phone calls as evidence, then you need something that connects your telephone number to her telephone number.

Stephen + ElishaMaleSouth Korea2009-09-26 08:09:00
K-1 Fiance(e) Visa Process & ProceduresHelp! What's the best Option?
QUOTE (baron555 @ Sep 21 2009, 01:08 PM) <{POST_SNAPBACK}>
QUOTE (CAN2US @ Sep 19 2009, 11:59 AM) <{POST_SNAPBACK}>

if your married to a USC they have no right to deport you in any circumstances as your relationship is solid and not a fraud. They say that the only proof they would require is that your relationship is genuine, which you can proof!


Wanna bet? Your marriage does not affect immigration status or does it convey any immigration "rights".


good.gif Exactly right.

If you enter on a visa waiver, get married, and then adjust status, not only do you have to prove that your relationship is bona fide, you also have to overcome the presumption of immigration fraud.

When you enter the US under the VWP, you certify that you are not entering with immigrant intent and that you intend to leave the US prior to the expiration of your authorized period of stay. If you subsequently attempt to adjust status, you have to prove to USCIS that you did not misrepresent your intent upon entry. If you fail to prove this (and the burden of proof is high), you can incur a lifetime ban to the US. Think about that very carefully.
Stephen + ElishaMaleSouth Korea2009-09-21 12:30:00
K-1 Fiance(e) Visa Process & ProceduresI am sending in my timeline with my I129F
If you're including it in the initial I-129F submission, address it to USCIS. Strictly speaking, however, it doesn't need an address on it at all.
Stephen + ElishaMaleSouth Korea2009-09-29 12:26:00
K-1 Fiance(e) Visa Process & ProceduresG325A
QUOTE (Nancy and Marcelo @ Sep 21 2009, 08:43 AM) <{POST_SNAPBACK}>
Oops. Seems like we sent the first page copied four times as well.

The current version of the G-325A available for download on the USCIS site only has one page. The four identical pages with different footers are a thing of the past. You're not going to get the different footers anymore unless you find and use an older version of the form. To be safe, VJ recommends that everyone print, sign, and send four identical copies of the new single-page form.
Stephen + ElishaMaleSouth Korea2009-09-21 08:04:00
K-1 Fiance(e) Visa Process & ProceduresMoney Order
Use the address of the service center, but be sure to make the money order payable to the US Department of Homeland Security.

http://www.uscis.gov...00045f3d6a1RCRD
Stephen + ElishaMaleSouth Korea2009-10-13 10:15:00
K-1 Fiance(e) Visa Process & ProceduresAny Concern
QUOTE (baron555 @ Sep 16 2009, 09:43 AM) <{POST_SNAPBACK}>
QUOTE (adeese660 @ Sep 15 2009, 06:50 PM) <{POST_SNAPBACK}>
I received the NOA1 dated April 1,2009,as of today,when I visit the USCIS page to check the status,it still shows the case as received and pending.Should I be concerned about this,as i have seen people on here that have sent in their K1 app. after me,and have allready received NOA2?Or am I just kinda jumping the gun here,we have been together for over 3 years now,I have visited her 3 times since we met,and we are really wanting to be together,but,the wait is unbearable.Could someone maybe ease my mind and tell me its ok,or should I be worried at this point because of the time its taking.I filed at the Vermont center if that helps with an answer.


Thanks,David




I think you're jumping the gun. You are right around the normal processing time. Calling the center does no harm but I wouldn't start worrying too much yet.

Easy to say for someone who got NOA2 in 105 days. They've been waiting well over 150. They are at least 2 weeks over USCIS posted processing times—3 if you go by the page that says April 23. They can and should be demanding action.
Stephen + ElishaMaleSouth Korea2009-09-16 13:44:00
K-1 Fiance(e) Visa Process & ProceduresAny Concern
QUOTE (adeese660 @ Sep 15 2009, 08:13 PM) <{POST_SNAPBACK}>
You folks are quick at answering things here,thats great,I will call them tomorrow,I am guessing you mean NOA2 when you say get to level 2,or do you mean something else?

No, it means escalate the call. Calls to the USCIS National Customer Service Center are answered by Tier I Customer Service Reps who are government contractor employees. They are unfailingly polite and unfailingly useless. Tier II are actual USCIS officers who are occasionally more useful (though often less polite) than the Tier I drones.
Stephen + ElishaMaleSouth Korea2009-09-15 19:24:00
K-1 Fiance(e) Visa Process & ProceduresAny Concern
QUOTE (ScottThuy @ Sep 15 2009, 08:00 PM) <{POST_SNAPBACK}>
QUOTE (adeese660 @ Sep 15 2009, 07:50 PM) <{POST_SNAPBACK}>
I received the NOA1 dated April 1,2009,as of today,when I visit the USCIS page to check the status,it still shows the case as received and pending.Should I be concerned about this,as i have seen people on here that have sent in their K1 app. after me,and have allready received NOA2?Or am I just kinda jumping the gun here,we have been together for over 3 years now,I have visited her 3 times since we met,and we are really wanting to be together,but,the wait is unbearable.Could someone maybe ease my mind and tell me its ok,or should I be worried at this point because of the time its taking.I filed at the Vermont center if that helps with an answer.


Thanks,David

You are outside of the current processing date of April 23. Call USCIS and get to level 2 ask them whats up and have them submit a service request... its better than doing nothing...

good.gif
Stephen + ElishaMaleSouth Korea2009-09-15 19:01:00
K-1 Fiance(e) Visa Process & ProceduresK-1 parent in different country than the children.
Just a guess, but this case may require filing an I-824 (Application for Action on an Approved Application or Petition) with USCIS to send a copy of the approved petition to Manila.

You should be checking with both the consulate in Canada and the embassy in Manila to find out exactly what needs to be done.
Stephen + ElishaMaleSouth Korea2009-09-25 09:48:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Expiration Date
QUOTE (Bobby_K1 @ Oct 13 2009, 09:32 PM) <{POST_SNAPBACK}>
Once my fiance is issued a K-1 visa - for how long will the K-1 Visa be valid? That is what is the general amount of time before a newly issued K-1 visa will expire?

A K-1 visa is valid for a single entry to the United States within six months from the date of issue by the US consulate.

Upon entry, the K-1 visa holder gains nonimmigrant fiance status for 90 days, within which time he or she must marry the US citizen petitioner and file for adjustment of status OR depart from the US.
Stephen + ElishaMaleSouth Korea2009-10-13 20:38:00
K-1 Fiance(e) Visa Process & ProceduresVWP after K1?
Thanks for the replies, Gary and canadian_wife. It appears that the crisis has been averted and we won't need to explore any of these options after all.
Stephen + ElishaMaleSouth Korea2009-10-16 09:19:00
K-1 Fiance(e) Visa Process & ProceduresVWP after K1?
Have a bit of a developing situation here and I'm hoping someone here has some experience and/or hard facts that pertain to it.

After successfully obtaining a K-1 visa, my fiancee came to the US with me last Saturday. Due to personal matters back in Korea, she is considering returning there this weekend. We haven't had time to marry yet, let alone file for AOS and AP.

As South Korea is a VWP country, my fiancee thinks that returning for periodic short visits under the VWP is a feasible Plan B until we're in a position to marry and file for a CR-1.

My question is, is this actually feasible? What are her chances of being admitted under VWP after having entered on a K-1 and then leaving without having adjusted status?

Once again, I would greatly appreciate replies based on personal experience or other factual information. Opinions are like armpits, and you get what you pay for with free advice.
Stephen + ElishaMaleSouth Korea2009-10-15 16:06:00
K-1 Fiance(e) Visa Process & ProceduresBeneficiary procedure
QUOTE (suka330 @ Oct 16 2009, 12:07 PM) <{POST_SNAPBACK}>
Hello,

Currently about to turn in my fiance visa package this upcoming week and while we're waiting, is there anything I need to tell my fiance to do in his country in the meantime?

You can start looking together at the embassy's website to determine what forms will be required for Packet 3 and begin filling them out. Typical ones include the DS-156, DS-156K, DS-230, etc.

QUOTE
Also, when paying for this specific application, is a moneyorder sufficient enough?

Money order is sufficient. A personal check is better as it affords you greater ability to track your application: you can see when the service center cashes your check, and if you view the cancelled check online or at the bank you can obtain the USCIS receipt number long before the hard copy receipt notice (NOA1) arrives in the mail.
Stephen + ElishaMaleSouth Korea2009-10-16 11:15:00
K-1 Fiance(e) Visa Process & Proceduresthe expiration date on NOA2
I'd definitely advise YOU (the US citizen) to call the embassy and find out what's up with the 3 month business.

As for the I-94 and customs declaration, they pass these out on the plane on the way to the US. They'll have more copies in the international arrivals hall at the airport just prior to the immigration lines.
Stephen + ElishaMaleSouth Korea2009-10-16 15:54:00
K-1 Fiance(e) Visa Process & Proceduresthe expiration date on NOA2
QUOTE (akhan @ Oct 16 2009, 04:43 PM) <{POST_SNAPBACK}>
QUOTE (Stephen + Elisha @ Oct 16 2009, 04:40 PM) <{POST_SNAPBACK}>
QUOTE (akhan @ Oct 16 2009, 04:38 PM) <{POST_SNAPBACK}>
hey thanks Stephen and Elisha and Dakine. I also thought it was 6 months but for some reason the Pakistani Embassy only gives 3 months....and according to the date on her Visa its not even a full 3!

Very strange. How long ago did she do her medical? The six month K1 validity is a matter of State Department policy; I wouldn't think embassies are free to determine validity periods on their own.



the medical was same week as the interview earlier this month....i also thought 6 months was the standard

Very strange. Sounds like the embassy in Pakistan does whatever they please, or perhaps it has something to do with the validity of an SAO. Did your fiance go through administrative review at the embassy prior to receiving her visa?
Stephen + ElishaMaleSouth Korea2009-10-16 15:45:00
K-1 Fiance(e) Visa Process & Proceduresthe expiration date on NOA2
QUOTE (akhan @ Oct 16 2009, 04:39 PM) <{POST_SNAPBACK}>
also, what papers/files should she have with her at the POE?

  • Her passport with the visa inside.
  • The sealed envelope from the embassy—usually yellow with one corner cut off.
  • Possibly another sealed envelope with her chest X-ray if the embassy didn't take it at the time of the interview.
  • A completed I-94.
  • A completed customs declaration.

Stephen + ElishaMaleSouth Korea2009-10-16 15:42:00
K-1 Fiance(e) Visa Process & Proceduresthe expiration date on NOA2
QUOTE (akhan @ Oct 16 2009, 04:38 PM) <{POST_SNAPBACK}>
hey thanks Stephen and Elisha and Dakine. I also thought it was 6 months but for some reason the Pakistani Embassy only gives 3 months....and according to the date on her Visa its not even a full 3!

Very strange. How long ago did she do her medical? The six month K1 validity is a matter of State Department policy; I wouldn't think embassies are free to determine validity periods on their own.
Stephen + ElishaMaleSouth Korea2009-10-16 15:40:00
K-1 Fiance(e) Visa Process & Proceduresthe expiration date on NOA2
QUOTE (akhan @ Oct 16 2009, 04:30 PM) <{POST_SNAPBACK}>
hey guys

my fiance got her visa few days ago and the NOA2 I got in the mail expires on Nov 5th. She has until end of december to come to the USA according to her visa.

I am confused because she will probably be coming in december ... so do I need to renew my NOA2 or should I go by the date on her Visa?

thanks

(this is K1 Visa)

You don't need to renew anything. The date on the visa is what matters. The validity date of the NOA2 means nothing once a visa is issued.

Further, if she got her visa "a few days ago," she should have more time than the "end of december" to enter the US. The K1 visa is issued with a validity of six months. The only exception to this is if she did her medical exam a long time ago; the validity of the visa is limited to the validity of the medical, which is normally one year but can be six months if a Class B TB condition exists.

Edited by Stephen + Elisha, 16 October 2009 - 03:34 PM.

Stephen + ElishaMaleSouth Korea2009-10-16 15:33:00
K-1 Fiance(e) Visa Process & ProceduresApplying again for K1 for the same person
QUOTE (baron555 @ Sep 21 2009, 09:10 AM) <{POST_SNAPBACK}>
QUOTE (vadood @ Sep 12 2009, 07:50 AM) <{POST_SNAPBACK}>
Hi folks,

We have applied for a K1 visa a couple years ago. everything went fine and we got approved and the paperwork was at the embassy state. We decided not to pursue the matter and gave up the idea. Alien fiance did not send the documents to the embassy and later the US citizen wrote to the USCIS to close the file.

Now we want to start over and again apply for a K1 visa. None of us has married before, and nothing has changed since the time we first applied.

I wonder if there is anything we should be aware of, or if we should somehow indicate that we have already applied or not.



You will have to draft up a waiver letter stating exactly what you already said in your beginning post. Also on the I-129F you will state that you did file the previous petition.

good.gif The multiple-petition waiver requirement is only supposed to apply to petitions for two or more different alien fiances, but to the best of my knowledge USCIS is still interpreting it to mean that anyone who has filed before must request a waiver.
Stephen + ElishaMaleSouth Korea2009-09-21 08:12:00
K-1 Fiance(e) Visa Process & Procedurespassport photos
USCIS is not all that picky with the passport photo size, at least for the photos submitted with the I-129F. The I-129F instructions only specify "passport-style" photos with a white background and a face size of about 1 inch. My fiancee's photos for the I-129F were 3.5cm x 4.5cm (the standard passport/visa size for many non-US countries) and we were approved.

As always, your mileage may vary, and I'm not recommending sending other than standard US passport size, i.e. 5cm x 5cm (2" x 2"), but it doesn't seem to be a major issue for the I-129F.

(procedural question, not a status report - moving to K-1 Process and Procedures)
Stephen + ElishaMaleSouth Korea2009-10-19 08:48:00
K-1 Fiance(e) Visa Process & ProceduresWTF????
Also, to the OP: Not to be a nag, but you'll get better responses faster if you use a brief descriptive phrase as your topic title rather than nonsense like "#######?" which tells other users absolutely nothing at all.
Stephen + ElishaMaleSouth Korea2009-10-19 13:21:00
K-1 Fiance(e) Visa Process & ProceduresG325A
process/procedural question, not status/timeline-oriented - moving to K-1 Process and Procedures
Stephen + ElishaMaleSouth Korea2009-10-20 09:44:00
K-1 Fiance(e) Visa Process & ProceduresProcessing Times on USCIS website
QUOTE (jkminney @ Oct 20 2009, 12:17 PM) <{POST_SNAPBACK}>
Yeah I have already signed up for all that stuff and I know it's 5 months but when I go to the page that lists the processing times for ALL the different applications the CSC processes some are yellow while other application lines are green. For instance the I129f lines are green but the I129 and I130 are yellow.

I'm wondering if they just use a different color to seperate the different forms?

good.gif You just answered your own question.
Stephen + ElishaMaleSouth Korea2009-10-20 11:40:00
K-1 Fiance(e) Visa Process & ProceduresG-325A
QUOTE (kabhatti @ Oct 21 2009, 09:04 AM) <{POST_SNAPBACK}>
Ok, now I'm worrying, I did 'none' for everything else except this part, is that a chance for a red flag ?

I wouldn't worry about it. You surely aren't the first to do this. Just keep it in mind for future reference: you should never leave anything blank on a form - if the answer is none, write "None." If the question does not apply to you, write "N/A."
Stephen + ElishaMaleSouth Korea2009-10-21 08:07:00
K-1 Fiance(e) Visa Process & ProceduresWish to sponser fiancee
Its been a while since I replied to this topic.

I am going to go ahead and send in the initial K1 Visa application package in a few days. I have the I-129 form completed (while my fiancee was visiting in September). While she was with me, we got a passport style photo and completed the G-235 forms also. We did our letters of intent and signed them.

All I have now to do is assemble the package and mail it out after reviewing the contents a few more times. I"m going to list items below I have included as proof we met in the last 2 years, and proof we have an ongoing relationship. I'm sure there is a more that could be provided but I want to simply include the basic nessessary proof in this package and if needed, more can be brought to the interviews etc later on.

Proof we met in the last 2 years:

-Photocopies of my flight boarding passes from the US to England on December 1, 2009. (I didn't keep the return flight boarding passes).
-Photocopy of my stamped passport showing December 2 and 7 dates (to England, and returning to the US)
-A photograph of me and my fiancee together in her house in England taken December 6, 2009

Proof of ongoing relationship (additional to above):

- Three photographs taken of me and my fiancee in Washington DC during an April 2-15, 2009 visit (in front of the Capitol, the White House and at my sisters house on Easter) (I do not have photocopies of her boarding passes for that trip but will later, they were retained.)
- Print out of partial list of emails sent by my fiancee with late 2008 and more recently in 2009. (We relied heavily on instant messaging, voice over internet for daily contact)
- Photocopies of my fiancee's boarding passes on her Amsterdam to Washington Dulles airport leg of the trip, and a photocopy of her flight ticket receipt showing the flight schedule/itinerary.
- Four photographs of us together in Washington DC (Capitol, Washinton Monument) and in Syracuse, New York.

So with pictures of us on three separate visits, photocopies of boarding passes on two separate trips, and passport stamps, itinerary etc, I'm hoping this is plenty of proof to provide on this initial package going out. It would be nice to have the boarding passes from the middle trip, but if I were to wait for those to be sent over from the UK, then the passport photo we took of her in Walmart in late September will be more than 30 days old. We can certainly provide additional proof with email printouts, more photo's, actual passports with stamps, and boarding passes from all three trips for the interviews later on.

So bottom line, am I pretty solid for this initial package? I have a brother-in-law who is an attorney handles work Visa applications every day who I am going to have review my package before mailing also.

Thanks!
CoffeeMuseMaleUnited Kingdom2009-10-17 16:08:00
K-1 Fiance(e) Visa Process & ProceduresWish to sponser fiancee
QUOTE (Gary and Alla @ Jun 18 2009, 07:39 AM) <{POST_SNAPBACK}>
Wait. CoffeeMuse is NOT your real name? I feel somehow...violated.


Your pulling my leg right? star_smile.gif

QUOTE
Your friend's experience is exactly correct/ You must have satisfacory income or assets at 3x the value to qualify OR a qualifying co-sponsor.

Retirement benefits CAN be counted as assets BUT they must be able to be liquidated within 1 year. Also many retirement plans are subject up to 40% penalty for early withdrawl (usually before age 59-1/2) So you wqould need to provide a statement of account and the early withdrawl policies and penalties. The amount of savings would be reduced by the penalty amount and divided by 3. Current family of TWO requires minimum 18,212 per year or that amount x3 in assets. If you make $15,000 per year, then you only need to "make up" for $3,000

I am still a little shook up by the name thing. But thanks for being honest about it.


Shook up by the name thing? Well, I'm 50 and been on the internet for the past 15 or 20 years and have always felt its a good general policy to use an alias just because the net is a wild and wooly place. I guess its called being safe. I have a 14 year old daughter and I have always advised her to be careful with the information she gives out, especially because she is a child/teen. I notice others on Visa Journey aren't always using their names but intials or other aliases - so it is common that people often don't use real names on forums which are public.

Anyway, back on topic ... I do appreciate the information. It helps to know that I could use retirement funds as colateral for sponsership purposes. Some of my retirement funds are in a 401k stock account which would not be user friendly for this purpose. But others are in simple IRA CD's and could be accessed. The way it seems it should work is a "value" is assigned based on actual recoverable funds should they be needed (ie emergency) for survival. As it is between savings, CD's, EE bonds, IRA CD's, 401k, I have far more than is apparently needed to cover 3 people at the poverty level. I am currently only employed on a part time basis with a temp agency, but with a masters degree, bachelors degree and 16+ years experience, I am confident I will be able to find work in the next 6 months.


QUOTE
You do not need to wait. No financial information is required to file the petition. It all occurs at the interview 5-6 months down the road. Are you feeling lucky?


Well I have a little more than luck on my side. I have my finances. Its a matter of how those finances will be evaluated and accepted, along with any employment I have at the time of interview. So I will likely begin the application process and it will be more a matter of how I am presenting things in 6 months.
CoffeeMuseMaleUnited Kingdom2009-06-25 12:12:00
K-1 Fiance(e) Visa Process & ProceduresWish to sponser fiancee
Sounds like I need to wait before filing which is a bummer. Double my job hunting efforts and minimize damage to my savings.
CoffeeMuseMaleUnited Kingdom2009-06-17 23:34:00
K-1 Fiance(e) Visa Process & ProceduresWish to sponser fiancee
QUOTE (JimVaPhuong @ Jun 17 2009, 10:54 PM) <{POST_SNAPBACK}>
Just so you understand, the I-134 affidavit, and supporting evidence, are submitted at the interview, which is likely to be at least six months from now. After your fiancee arrives in the US, and you are married, you'll need to submit the application for adjustment of status. At that time, you'll need to submit the I-864 affidavit along with pretty much the same supporting evidence. If your income has not improved but your assets have decreased, you might not make it. This isn't dependent on your financial status at the time you submit the I-129F petition, but at the time you submit the affidavits.

Something to consider... blush.gif


You mean the K1 could be issued, and she come over and marry me and they won't even ask to see the financial evidence until then? I can see where I'm going to need to fully digest the materials now. Regardless, I job hunting is priority #1. Maybe I shouldn't even bother starting the process until I'm employed regularly which means putting off getting married for maybe another year - could be rough to maintain this relationship indefinitely.
CoffeeMuseMaleUnited Kingdom2009-06-17 22:28:00
K-1 Fiance(e) Visa Process & ProceduresWish to sponser fiancee
Laura -I'll sit down and read the material but it will take time to digest. I am just trying to get a "feel" for some of my options at this point.

QUOTE (baron555 @ Jun 17 2009, 09:02 PM) <{POST_SNAPBACK}>
Savings yes, retirement no.


From the sounds of things above, maybe. Right now I can make up the amount with out retirement if I only have myself, my fiancee and her son since I did not claim my daughter on my 2008 taxes. That means I need to show $69k which right now I can show that. 6 months from now may be different but I hope to have some kind of steady work by then, so it may be an either or situation or combined.

QUOTE
No, not as I understand it. They are not liquid and are contingent on you reaching a certain age.


Just so you know, the way retirement funds work is that you defer taxes to a time when you are "retired" and are in a more favorable tax bracket. There is no "age contingency" with my IRA CD's. I could take money out of any of them but if they are not mature, I would take a penalty against the interest and would have to pay taxes on the amount I pocket as if it were a "gross income" pay check. They are liquid in that sense.

What I am asking is if anyone has used retirement funds such as IRA CD's as assets which could be counted toward sponsership, even in part? At present I may barely have enough to sponser between cash in savings, EE bonds value and a standard CD.


QUOTE
You may need a cosponsor. What about your parents or close relatives?


My parents are old fashioned and think its wrong to marry someone who is not an American so they won't sponser. I am 50 years old and think they shouldn't dictate what is best for me. I have two sisters who could co-sponser but I dont' think they want to be put in that position. So its up to me probably. The lay off came at a bad time but the best defense is a good offense so work is probalby going to be key. But I want to get the ball rolling if its not totally crazy.

Edited by CoffeeMuse, 17 June 2009 - 09:45 PM.

CoffeeMuseMaleUnited Kingdom2009-06-17 21:44:00
K-1 Fiance(e) Visa Process & ProceduresWish to sponser fiancee
QUOTE (*Laura* @ Jun 17 2009, 08:49 PM) <{POST_SNAPBACK}>
I recommend that you start out reading the guides at the top of the page and get familiar with how the entire process works an then deciding which is the best route for you and how to overcome sponsorship troubles. guides6ly.gif

Welcome to VJ and good luck.


I will begin reading the guides. I had been putting this process off a few months but now feel that it may be time to get started. I really would like to have this approved by Feb or March of next year and if people say average processing time is around 8 months or so, its time to get started. I thought being employed would be mandentory but if assets are sufficient, I may not have to wait umpteen more months.

I realize there are the guides btw, but I also was looking for feed back from people who have actual experience with how the approval process goes in practice as well as theory.

Edited by CoffeeMuse, 17 June 2009 - 07:57 PM.

CoffeeMuseMaleUnited Kingdom2009-06-17 19:55:00
K-1 Fiance(e) Visa Process & ProceduresWish to sponser fiancee
QUOTE (Anh map @ Jun 17 2009, 07:54 PM) <{POST_SNAPBACK}>
That's where the statement: "Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included" comes into play.

The affidavit of support does not come into play right away. That information is presented at the interview. In the meantime if you do get a new job and that annual income is sufficient then you are all set. If not then you would document the part time income and unemployment income and add assets (at the 3:1) enough to make up the difference.


Well, about half or less of my retirement is in a 401k, the rest are in CD's and hopefully they will never need to be touched, but if I need to show it for purposes of K1 approval then that should work. My 410k tanked anyway but hopefully will bounce back. Also I did not claim my daughter on my 2008 tax statement so it sounds like I will only need to sponser 3 (myself, my fiancee and her son - who is 15 right now). For reasons I can't get into right now, my assets are most favorable right now so I want to take advantage of that. Naturally I will be looking for work and eventually expect to have some kind of imployment as a professional. I've been holding off applying for the K1 this spring due to employment sitiation, but maybe that is not necessary?
CoffeeMuseMaleUnited Kingdom2009-06-17 19:42:00
K-1 Fiance(e) Visa Process & ProceduresWish to sponser fiancee
So assets may be considered in liue of income from a job for purposes of the K1? I intend to keep looking for employment and certainly will try to become gainfully employed as soon as I can - in fact I intend to relocate from central New York to Virginia (near DC) where there are more job opportunities.

Also, can anyone say if retirement accounts are considered assets for purposes of the K1 Visa approval? About half of my assets are in retirement accounts.
CoffeeMuseMaleUnited Kingdom2009-06-17 18:30:00
K-1 Fiance(e) Visa Process & ProceduresWish to sponser fiancee
A little additional information: I have saved my airline tickets going over to England last year. I took a photo of us together during that visit. We have countless emails exchanged since last August thru the present, and my fiance came to visit me in April for 2 weeks. SHe has saved her ticket as well, and we took photos of us together in Washington DC and prominent places like in front of the Capitol and Niagara falls. We have started to gather information about the K1 fiancee Visa process but I have not applied yet.

My financial position in terms of assets is more favorable now than it might be 6 months from now, which is why I am wondering if it would be better to apply now than wait another half a year when I may be in a better position job wise. If my position now isn't sufficient for approval, I may have family members who may be willing to co-sponser me. I also have a brother in law who is an immigration lawyer in his regular job, although his specialty is handling work Visa's, not K1.

Any feed back regarding my situation would be greatly appreciated.
CoffeeMuseMaleUnited Kingdom2009-06-17 17:06:00
K-1 Fiance(e) Visa Process & ProceduresWish to sponser fiancee
Hi, I'm new here and using a ficticious name here on Visa Journey.

I met a single (never married) woman with one child over the internet last August in the UK, went to visit her in December. During the time we have been getting to know we feel we have a lot in common personality wise and have felt we are a good match. After returning from my visit I was let go from my job as a professional geologist. Basically I have been unemployed and collecting unemployment benefits for the past 5 or more months now and but my fiancee from the UK and I wish to work toward imigration to the US in a reasonably timely fashion. I have the impression the process takes about 8 months give or take if all goes reasonably well.

First a little back ground. I am 50 years old and have a Bachelors and Masters degree in Geology but have never been a major salary earner. I was separated in 2000 and finally divorced in the spring of 2007. I have managed to save up significant amount of cash and also have saved up some retirement funds as well. At present I have only managed start working on temporary projects with a computer tech agency so I don't have regular employment yet. I have a single child who I am not the primary custodian but just have visitation rights and child support obligations.

My question to you who have perhaps been through this all is this: Would it be possible for me to apply now for a K1 VISA for my fiancee and get it approved based on my financial savings and retirement assets and only temp part time work? What I would like to do is sponser my fiancee and her son and get married next year.

I have talked to one other person I know who was a divorced woman who sponsered her fiancee from Sweden. Her story was that she had to show she had enough finances to support herself, her own child and her foreign (Swedish) fiancee - this translated to 3 times the poverty level for a year - which she stated was $22k each x 3 for a total of $66k. She had a very low paying job so that basically didn't help her case but her savings alone got her fiancee approved.

Are retirement funds counted as assets which the INS will count as credit in the above regard? Basically between a CD, cash in the bank and EE bonds current value, I exceed the 3 x poverty level alone as long as I don't have to count my own daughter as a dependent in this situation. Can anyone clarify how these factors work and are counted? I would assume I would count myself, my fiancee and her son at minimum as 3 people. What about my daughter who is full-time with her mother (who is worth about $900k in her assets). Does my part time child count or do I only count myself, my fiancee and her son? Would I stand a good chance of getting approved under this scenario?

Edited by CoffeeMuse, 17 June 2009 - 04:44 PM.

CoffeeMuseMaleUnited Kingdom2009-06-17 16:43:00