ForumTitleContentMemberSexCountryDate/Time
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
K-1 Fiance(e) Visa Process & ProceduresSufficient Evidence of Visit within last two years?
Good, I want to be "solid" and have sufficient "proof" but nice to get some feed back. I could have more, but I don't have a great deal more. I don't have the boarding passes and itinerary for the 2nd trip on hand, but that can be provided later. I do have more pictures but I'm providing what seems sufficient to prove for at least 2 of the 3 times since fall of 2008. Pictures for the middle visit only. And other than that documentation, I have a log of emails and not much more. Most of our "ongoing contact" has been through instant messaging and voice over internet service that lets you talk with a microphone, and some private messaging. There is a pretty long email log, but the last 3 or 4 months its sparse because of the other methods of communication.

Edited by CoffeeMuse, 17 October 2009 - 10:27 PM.

CoffeeMuseMaleUnited Kingdom2009-10-17 22:22:00
K-1 Fiance(e) Visa Process & ProceduresSufficient Evidence of Visit within last two years?
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 (mostly 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 etc. 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).
-Copy of my travel itinerary printout from the airline agency.
-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 log of emails sent by my fiancee and to her between meeting online 8/2009 to the present. (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.
- Photocopy of her flight ticket receipt printout showing the flight schedule/itinerary.
- Photocopy of her Visa Waver that was stapled in her passport showing entry date to the US.
- Three photographs of us together in Washington DC (Capitol, Washinton Monument) and in Syracuse, New York. Another showing my fiancee and her son outside the Washington Dulles airport terminal on the day of departure.

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 19:26:00
K-1 Fiance(e) Visa Process & ProceduresCan I send photo copies of photo's or do they have to be originals?
QUOTE (lynnesigouin @ Oct 19 2009, 05:11 PM) <{POST_SNAPBACK}>
Just a quick question,

I am filing for the I-129F For the K1 Fiancee Visa. I need to provide them with details of our meeting along with proof or documents of relationship. I have a number of pictures to send, however some of them are my only copies which I would not want to lose. Is it ok if I photo copy some instead of sending my single original copies? Or should I only send originals?

Thanks so much


Are they old fashioned film copies? All the picture I took from the beginning were with a digital camera so there is no such thing as an "original photo". If you have a film photo, do you not have a negative and a print? With negatives you can have more prints made. If you only have the original paper print, and no negative, you could have it scanned and then you have a digital copy which you can print as many times as you want.

I submitted prints which I made on my personal color printer with glossy paper. I simply plugged in the camer memory stick and printed 4x6 photo's that look same as the old fashioned kind you got from the photo developers. Thats what I sent. Labeled the backs of them with dates, names and locations.
CoffeeMuseMaleUnited Kingdom2009-10-19 16:32:00
K-1 Fiance(e) Visa Process & Proceduresi didn't use acco fasteners. would that be a problem?
QUOTE (Malarie @ Oct 19 2009, 04:26 PM) <{POST_SNAPBACK}>
QUOTE (CoffeeMuse @ Oct 19 2009, 01:30 PM) <{POST_SNAPBACK}>
I am sending my K1 packet today after going to Kinko's to have 2 copies made. I had my brother in law proof read it for typo's, and completeness and my sister also. They are both lawyers, and my sister works for the Veterans Administration so she made some helpful suggestions like make sure photo's are taped to 8.5x11" paper and use a clip to hold the whole package together. She said govt office folks don't like small things spilling out on their desk. So its all clipped and pictures attached to pages etc. Should be good.



Your photos should be in a clear plastic baggie with your name on yours and your fiances name on hers and then stapled to a plain white piece of paper with the words "Photo of .........." written on it.

I thought I read that here somewhere in VJ.

I didnt think they wanted them taped down because they may have to remove them and if they are taped the pics could get ripped.

JMHO,
Malarie


The passport style photo's are in little ziplock bags which my brother-in-law provided when he proof read my I-129F package because he uses the same thing to process work immigration Visa's for companies (not a family immigration lawyer). He said he staples his to the G-325 forms which he also uses for the work visa clients (and he sends 4 copies of the G-325), so thats what I did and how I mailed it. Maybe I should have used blank pages to staple them but well, I just sent the package certified mail so its out and gone!

The pictures I included in the section for purposes of proof that I have met my fiancee in person in the last two years and have an ongoing relationship, those pictures I wrote dates, names, locations etc. on the backs of the pictuers and taped them to 8.5x11 white sheets of paper which I also hand labeled with the same information (so its next to each picture and on the back of each picture. My lawyer sister suggested I tape the "meeting" photo's to a sheet of paper so the reviewer could lift and see whats written on the back. Anyway, my brother-in-law who handles similar cases for work Visa's thinks my package (as it was assembled) should be fine.
CoffeeMuseMaleUnited Kingdom2009-10-19 16:03:00
K-1 Fiance(e) Visa Process & Proceduresi didn't use acco fasteners. would that be a problem?
I am sending my K1 packet today after going to Kinko's to have 2 copies made. I had my brother in law proof read it for typo's, and completeness and my sister also. They are both lawyers, and my sister works for the Veterans Administration so she made some helpful suggestions like make sure photo's are taped to 8.5x11" paper and use a clip to hold the whole package together. She said govt office folks don't like small things spilling out on their desk. So its all clipped and pictures attached to pages etc. Should be good.
CoffeeMuseMaleUnited Kingdom2009-10-19 13:30:00
K-1 Fiance(e) Visa Process & Proceduresmy pictures didn't have dates!
QUOTE (baron555 @ Oct 19 2009, 06:33 PM) <{POST_SNAPBACK}>
QUOTE (philels @ Oct 19 2009, 04:13 PM) <{POST_SNAPBACK}>
i have another concern with my K1 application. i'm worried that they might think my pictures were not taken within 2 yrs of meeting my fiance. what happened was i was so happy to be with my fiance that i didn't even think of setting my digital cam to have dates on the pictures we were taking. it totally slipped my mind. and now i'm concerned that this might be a problem. all i did was i wrote the dates on the back of the pictures. is anyone in the same situation as i am or has someone gone through the same situation? help =(



You'll be fine, as others have suggested. Your evidence submitted should all together, tell the story.

For us, we met in Kiev. We had passport stamps and train and airplane passes with the Ukraine stamp. We had an apartment lease in my name and we had pictures of us in Kiev. I submitted copies of the photo and information pages of our passports to place the name with the faces in the pictures. We had a pizza delivery receipt in her name. I had currency exchange receipts. All together, it was obvious that we met in Kiev.

Now for your proof of an ongoing relationship for the interview, submit similar evidence. How do you correspond, what do you talk about, what photos do you exchange, gifts sents and receipts and photos of the other one with the gift.......again, everything put together should "tell the story".


Agree'd, although I didn't keep much documentation such as receipts etc. I did fly through London and on to northern England last December but didn't keep any of that minutea (I probably should have). Just passport customs stamp, airline boarding passes and a photo of us together. Minimal but hopefully sufficient. Pretty much the same for later visits, airline boarding passes when she came to visit me, visa waiver, pictures together in front of prominent recognizable places such as the Washington Monument and the Capitol Reflecting Pond with the Capitol building in the background. For ongoing, just email logs.

These days with instant messaging, voice over internet, the traditional letters and stuff we don't have. I explained that in my statement sent with my K1 package today, that I have an email log (list of all emails sent and received) but even that got sparse in the past 5 months since we rely on other, undocumented means of communications.
CoffeeMuseMaleUnited Kingdom2009-10-19 17:55:00
K-1 Fiance(e) Visa Process & Proceduresmy pictures didn't have dates!
QUOTE (philels @ Oct 19 2009, 05:13 PM) <{POST_SNAPBACK}>
i have another concern with my K1 application. i'm worried that they might think my pictures were not taken within 2 yrs of meeting my fiance. what happened was i was so happy to be with my fiance that i didn't even think of setting my digital cam to have dates on the pictures we were taking. it totally slipped my mind. and now i'm concerned that this might be a problem. all i did was i wrote the dates on the back of the pictures. is anyone in the same situation as i am or has someone gone through the same situation? help =(


Well, my digital photo's don't have dates printed on them either. My camera has a date and time set in it, but it doesn't show up on the prints. I did go to my computer and held the mouse over the picture file and it showed me the date the photo was taken and it looked correct based on the dates we saw each other. I think its difficult to use pictures (if you think about it) to conclusively prove the dates you were together; after all you can set the date on the camera to anything you like if you wanted to "forge" the date. That is why I used pictures together with photocopies of my airline boarding pass, my passport stamp at customs and my airline itinerary to show that I actually flew to England on such and such dates and was stamped in there etc.

I did label my picture of our first meeting trip, but its just what I wrote on it. I can see why that wouldn't be called "primary" evidence. Probably the airline boarding passes together with passport customs stamps etc would be considered primary evidence. As my brother in law put it, they want to be pretty sure this isn't a sham relationship and you really did meet. Pictures of you together show you met, other things together with it show dates (ie within last 2 years). And ongoing relationship if more trips have been made (like in my case).

Edited by CoffeeMuse, 19 October 2009 - 04:24 PM.

CoffeeMuseMaleUnited Kingdom2009-10-19 16:20:00
K-1 Fiance(e) Visa Process & ProceduresHi! Questions about the initial petition for K-1 visa (I have done my research)
QUOTE (powerlord86 @ Sep 12 2009, 06:23 PM) <{POST_SNAPBACK}>
QUOTE (Haole @ Sep 12 2009, 05:56 PM) <{POST_SNAPBACK}>
QUOTE (powerlord86 @ Sep 12 2009, 11:30 AM) <{POST_SNAPBACK}>
Hi, my fiance is from Argentina...is it recommended to send a lot of information in the petition?
I don't know anything about the Buenos Aires consulate, but you can study up by reading the VisaJourney reviews and searching in the Embassy and Consulate Discussion and Latin American regional forum.

It seems like providing more information is better than less. Indeed! The time you "waste" on providing information up front is negligible compared to the time you'd lose on an RFE, petition denial, or 221(g) at the consulate. You'll have no regrets about front-loading when you and your SO are together in the US after a picture-perfect K-1 process. good.gif

Primary information that I can think of, off the top of my head:
Plane ticket bill
Passport stamp

Does anyone have more ideas?
These are good. Boarding passes and luggage claim tags if you have them are also good, as well as hotel receipts.

Also, we are young, 21, and I am a student, but with my family...does that make a difference? What do I ultimately have to convey to them?
This shouldn't make any difference, particularly at the USCIS stage. The fact that you're a student may mean that you'll need a co-sponsor for the affidavit of support come interview time—but that's months down the road.

I'd stick in some pictures of you guys, some emails, letters and chats also
Emails, letters and chats don't prove meeting in person in the last 2 years, which is the primary burden of proof that must be met for a successful I-129F petition. That said, it is good to include some of this so that the consulate will have some evidence of a bona fide relationship in the approved petition they receive from USCIS. Certain difficult consulates refuse to accept relationship evidence brought to the interview, but they can't refuse to consider evidence contained in an approved petition. This is the benefit of front-loading.


Yeah...i was wondering more about primary evidence.

Stephen + ElishaMaleSouth Korea2009-09-12 17:45:00
K-1 Fiance(e) Visa Process & ProceduresHi! Questions about the initial petition for K-1 visa (I have done my research)
QUOTE (powerlord86 @ Sep 12 2009, 02:54 PM) <{POST_SNAPBACK}>
Hi, it's nice to see this community here.

I am just starting a K-1 visa, I-129F form...

My fiance needs to submit:

Letter of Intent
Passport Photo
G-325A Form

I am wondering if she has to fill those forms by hand, go to a store and get a passport photo, mail them to me in America, or can she can she just scan those documents or fax them and I can print them out (so that we can complete the forms quicker).

Any tips for a successful petition would awesome, like the best things to provide/show to the gov't agency. Is there anything else that she can provide?

-Marcus


The letter of intent must be an original, i.e., it must bear her original signature. A fax, photocopy, or printout of a scan will generate an RFE.

The G-325A for the foreign fiance does not strictly require an original signature according to USCIS policy; however, some adjudicators are apparently oblivious to this and have generated RFEs for this too. Therefore, to minimize the chance of RFEs, better to have her original signature on these as well. It need not be filled out by hand, however; you can assist her in filling them out, save the data in the PDF, and have her print, sign, and send to you.

As for the passport photo, if she emails you a high-quality, high-resolution digital photo (meeting USCIS/DoS standards) in the correct size, you could print it here, either at a photo center (Walmart, CVS, etc.) or on your own printer if its output is of high enough quality. Or she could send them to you. Your call here.

Tips for a successful petition: include both primary and secondary evidence of having met in person within the past 2 years (consult the guides for info on what constitutes primary and secondary evidence). This is key to getting your petition approved by USCIS. Also, do some research on the consulate where your fiancee will eventually be interviewing to determine whether front-loading the petition is advisable.

Good luck!

Edited by Stephen + Elisha, 12 September 2009 - 02:07 PM.

Stephen + ElishaMaleSouth Korea2009-09-12 14:04:00
K-1 Fiance(e) Visa Process & ProceduresNOA1 Info
QUOTE (Joseph & Ana @ Aug 24 2009, 03:45 PM) <{POST_SNAPBACK}>
I've tried to fill in my timeline before but it never appears below. do i have to type that in manually into the sig?


Your timeline: http://www.visajourn...le.php?id=70671
Stephen + ElishaMaleSouth Korea2009-08-24 15:09:00
K-1 Fiance(e) Visa Process & ProceduresNOA1 Info
QUOTE (Joseph & Ana @ Aug 24 2009, 03:20 PM) <{POST_SNAPBACK}>
You won't believe this. As I typed my last response I got notice of NOA1.

Whew... Thanks for the responses.


Just a reminder: your NOA1 date (for timeline purposes) is the "Receipt Date" printed on the notice, NOT the day it came in the mail (i.e., today). good.gif

With that... timeline.gif

Edited by Stephen + Elisha, 24 August 2009 - 02:40 PM.

Stephen + ElishaMaleSouth Korea2009-08-24 14:39:00
K-1 Fiance(e) Visa Process & ProceduresExpired Passport
QUOTE (toma1 @ Sep 13 2009, 10:20 PM) <{POST_SNAPBACK}>
QUOTE (toma1 @ Sep 13 2009, 10:09 PM) <{POST_SNAPBACK}>
QUOTE (Stephen + Elisha @ Sep 13 2009, 09:53 PM) <{POST_SNAPBACK}>
An expired or cancelled passport will not be accepted. The OP needs to find his current (valid, unexpired) passport or his Consular Report of Birth Abroad, or else obtain a Certificate of Citizenship.


That's wrong. I used an expired, cancelled passport as proof myself. There may be a 10-year requirement, however, I'm not sure about that.


By the way, let me clarify that I mean that he should use the expired passport to obtain a new passport and then send that new passport to USCIS.

Yes, that should work, as long as it was an adult passport.

Edited by Stephen + Elisha, 13 September 2009 - 09:40 PM.

Stephen + ElishaMaleSouth Korea2009-09-13 21:40:00
K-1 Fiance(e) Visa Process & ProceduresExpired Passport
From page 2 of the I-129F instructions:

QUOTE
D. In place of any of the above, you may give USCIS a copy of your valid, unexpired U.S. passport issued with a validity period of at least five years. You must submit copies of all pages in the passport.

An expired or cancelled passport will not be accepted. The OP needs to find his current (valid, unexpired) passport or his Consular Report of Birth Abroad, or else obtain a Certificate of Citizenship.

Edited by Stephen + Elisha, 13 September 2009 - 08:54 PM.

Stephen + ElishaMaleSouth Korea2009-09-13 20:53:00
K-1 Fiance(e) Visa Process & ProceduresExpired Passport
QUOTE (Bacon @ Sep 13 2009, 04:19 PM) <{POST_SNAPBACK}>
So my issue is that I was born abroad and lost my birth certificate. To get a certified copy of it would take two months which since I'd like to submit the I-129F packet this month is not something I can wait for. To add to this I've just recently relocated due to work and cannot find my current passport. I have found an old cancelled passport from when I lived in Sicily with a validity time frame of five years.

Now the requirements for proof of US Citizenship only state that I need a copy of a US Passport with a validity of five years. It doesn't state that it has to be an active passport.

Has anyone tried to prove citizenship with their passport and do you know if a cancelled one will work?

Doesn't matter how much time it had left on it—it became invalid when you cancelled it.
Stephen + ElishaMaleSouth Korea2009-09-13 15:31:00
K-1 Fiance(e) Visa Process & Proceduresjust got approval in mail...
QUOTE (D_G @ Sep 13 2009, 01:49 PM) <{POST_SNAPBACK}>
Ok guys, I'm a tad confused.

I just got the petition for approval which is listed as valid from 9/9/2009 to 12/9/2009.

This is the text:

"
The above petition has been approved and forwarded to the listed consulate. Please contact the consulate with any questions about visa insurance or if you would like them to forward the petition to a different consulate. The petitioner can also file form I 824, Aplication for Action on an Approved Application or Petition, with this office to request that we notify another consulate of the petition approval for visa processing purposes. THIS FORM IS NOT A VISA AND MAY NOT BE USED IN PLACE OF A VISA.

When the person this petition is for enters the US based on this visa, he or she will be admitted for ninety (90) days in order to marry the petitioner, and based on that marriage file for adjustment to permanent resident status on Form I-485. The form to apply for adjustment can be obtained at any local USCIS office or USCIS forms center. Please attach a copy of this notice to the adjustment application when you file it.

If the petitioner and the fiance do not marry within these 90 days, status will expire, and he or she will be in violation of the Immigration and Nationality Act if he or she does not depart. An extension cannot be granted. It is requested that the petitioner inform his or her local USCIS office if he or she determines that the marriage will not take place within the 90 day period. Please attach a copy of this notice to any correspondence about this case.
"


So - what does this mean exactly? Ie my thoughts were that the english consulate will get info and we'll have to do all that, etc - but it says we have to get married within the 90 days listed (til December). Donna is here in the US with me right now til October, so I imagine she'll have to go home and then come back?

Thanks


This notice is what we call "NOA2" here on VisaJourney: Approval Notice for your I-129F Petition for Alien Fiance. It means the first step of the K-1 process is complete. Now that USCIS has approved the petition, it will be sent to the State Department's National Visa Center, which will forward it to the consulate—presumably London.

The 90 days to get married referenced in the notice have not started yet. They will not start until your fiancee enters the US using the K-1 visa issued by the US consulate in London. The time period that you should now be concerned with is 4 months: the approval notice you received is valid for four months. If your fiancee does not interview for her visa in London within that time, you'll need to write to the consulate to ask them to revalidate the approved petition.

Your fiancee will need to go home, interview at the consulate, be issued a visa, and return to the US. An approved I-129F petition does not provide a basis for her to adjust status while remaining in the US on the visa waiver program.

QUOTE (D_G @ Sep 13 2009, 02:03 PM) <{POST_SNAPBACK}>
I should've explained better - Donna is here in the states with me for a visit until October 20th; if we have 3 months from now, is there any way of her meeting with someone here in the US and not having to go home?


No.

First of all, you don't have three months from now to get married. You have four months from now for your fiancee to interview at the consulate in London to be issued a K-1 visa.

Second, as stated above, your fiancee may not adjust status in the US based on an approved I-129F. She will have to return home, interview at the consulate, and return to the US after the K-1 visa is issued.

guides6ly.gif and the K-1 Visa Flowchart to help you understand the process better. They can be accessed from the menus at the top of the VisaJourney pages.

Edited by Stephen + Elisha, 13 September 2009 - 01:48 PM.

Stephen + ElishaMaleSouth Korea2009-09-13 13:46:00
K-1 Fiance(e) Visa Process & ProceduresVisitor's Visa and K1 Process
http://www.visajourn...mp;page=k1visit
Stephen + ElishaMaleSouth Korea2009-09-14 17:43:00
K-1 Fiance(e) Visa Process & ProceduresPetitioner Change of Address
If you've already gotten NOA2 for your I-129F, you no longer have a petition pending with USCIS. The online system will not accept change of address info for a US citizen unless you have a pending petition.
Stephen + ElishaMaleSouth Korea2009-09-15 00:04:00
K-1 Fiance(e) Visa Process & Proceduresfilling out the g-325a
G-325A question (presumably for initial I-129F submission) - moving to K-1 Process
Stephen + ElishaMaleSouth Korea2009-09-13 14:45:00
K-1 Fiance(e) Visa Process & ProceduresCo-Sponsor Question
QUOTE (SophWeb @ Sep 15 2009, 12:00 PM) <{POST_SNAPBACK}>
ADDITIONAL QUESTION-

I was just speaking to Martin about yall's replies, and he brought up financial aid for school. I completed half my degree in Texas when I used to live there, and when I return, I would like to finish it. Martin wondered whether or not I could receive financial aid. When he was in College, he was able to get financial aid in the form of reduced debt, low/no interest etc. These were calculated based on his father's income.

A friend of ours got married halfway through completing their degree and after marriage, he was able to apply for a ton more financial aid. This was because they he was no longer legally dependent on their parents, and the couple's income (on their own) was obviously significantly less than their parents. My first instinct would be that even though I would be married, they would still factor in my father-in-law's income, due to the contract he signed and the stipulations on my visa. However, I do wonder if financial aid for school counts as being a 'public charge', in the eyes of the government? It's not technically welfare. Plus, Martin was able to receive aid based on his father's income, so does that mean I too could receive it, so long as his father's income was factored in?

You will be eligible for federal student financial aid when you receive your green card. Each state has its own policy for state aid; some follow the federal rules, while others require a year of residency in-state after the green card.

Gary has some specific experience on this point, perhaps he can chime in.
Stephen + ElishaMaleSouth Korea2009-09-15 11:33:00
K-1 Fiance(e) Visa Process & ProceduresSigned Letter from Employer: Not sure if it has to include local Consulate Address (Lagos)
QUOTE (Haole @ Sep 15 2009, 01:03 PM) <{POST_SNAPBACK}>
QUOTE (Stephen + Elisha @ Sep 15 2009, 07:01 AM) <{POST_SNAPBACK}>
Yes, include the address:

Consulate General of the United States of America
P.O. Box 554
2, Eleke Cresent, Victoria Island
Lagos, Nigeria

What's wrong with "To whom it may concern"??? Or nothing?

Business letters customarily include the address of the recipient. Why wouldn't you include it if it's available to you?
Stephen + ElishaMaleSouth Korea2009-09-15 13:33:00
K-1 Fiance(e) Visa Process & ProceduresSigned Letter from Employer: Not sure if it has to include local Consulate Address (Lagos)
Yes, include the address:

Consulate General of the United States of America
P.O. Box 554
2, Eleke Cresent, Victoria Island
Lagos, Nigeria
Stephen + ElishaMaleSouth Korea2009-09-15 12:01:00
K-1 Fiance(e) Visa Process & ProceduresTroubles with Potential Co-sponsors
QUOTE (*Len* @ Sep 15 2009, 05:11 PM) <{POST_SNAPBACK}>
QUOTE (Stephen + Elisha @ Sep 15 2009, 12:48 PM) <{POST_SNAPBACK}>
As I understand it, a consular officer is very unlikely to accept a co-sponsor who is not a family member.


Untrue. Our co-sponsor was not a family member and we were approved without any problems.

This case might need much more evidence since indeed they look carefully at the region- and chances of AP are almost 100%

Interesting. Perhaps it's consulate-specific, because I know I've read that certain consulates will only accept family members as co-sponsors. Others don't accept co-sponsors at all. Anyway, it's useful to know that at least some consulates will accept non-family co-sponsors.

EDIT: I knew I wasn't crazy: http://www.visajourn...h...t&p=3265250

Edited by Stephen + Elisha, 15 September 2009 - 05:50 PM.

Stephen + ElishaMaleSouth Korea2009-09-15 17:48:00
K-1 Fiance(e) Visa Process & ProceduresTroubles with Potential Co-sponsors
As I understand it, a consular officer is very unlikely to accept a co-sponsor who is not a family member.

Edited by Stephen + Elisha, 15 September 2009 - 04:03 PM.

Stephen + ElishaMaleSouth Korea2009-09-15 15:48:00
K-1 Fiance(e) Visa Process & ProceduresOwing taxes before petitioning
QUOTE (Gary and Alla @ Sep 15 2009, 10:12 AM) <{POST_SNAPBACK}>
QUOTE (daboyz @ Sep 15 2009, 09:51 AM) <{POST_SNAPBACK}>
QUOTE (Gary and Alla @ Sep 14 2009, 05:04 AM) <{POST_SNAPBACK}>
QUOTE (Ninjam @ Sep 13 2009, 11:14 PM) <{POST_SNAPBACK}>
I owe about $2800 in taxes and payment will not be on-time, however payment will be made in due time. I have not yet filed for my fiance's K1 visa. Will this affect the process or will i absolutely have to pay them before filing?


As long as you have not incurred a tax lein, you will be fine. It will not affect the petition in any case BUT it could affect you at the consulate level. If you have a tax lein of $2800 they will deduct $2800 from the calculation of your income on the I-134 which could cause tyou to be ineligile to sponsor. Get a payment plan in place.

good.gif
I had a tax lein, and my wife got 221g at the interview because of it. The amount I owed put me below the guidelines.

Also, I was on a payment plan and it didn't matter.


Thank you Daboyz. Your experience in the matter has been helpful to the OP.

I stand corrected and apologize for my rush to judgment.

Edited by Stephen + Elisha, 15 September 2009 - 09:28 AM.

Stephen + ElishaMaleSouth Korea2009-09-15 09:21:00
K-1 Fiance(e) Visa Process & ProceduresOwing taxes before petitioning
QUOTE (Ninjam @ Sep 14 2009, 07:28 PM) <{POST_SNAPBACK}>
Yes, I do have a lien. Hmm, I don't own any property so I think it just might be that they did obtain an order garnishing wages/salary. I don't have the document anymore, I happened to be wearing my placebo pants when I read it, so I threw it away...

Are they deducting money from your paychecks?
Stephen + ElishaMaleSouth Korea2009-09-14 21:54:00
K-1 Fiance(e) Visa Process & ProceduresOwing taxes before petitioning
QUOTE (Gary and Alla @ Sep 14 2009, 06:04 AM) <{POST_SNAPBACK}>
QUOTE (Ninjam @ Sep 13 2009, 11:14 PM) <{POST_SNAPBACK}>
I owe about $2800 in taxes and payment will not be on-time, however payment will be made in due time. I have not yet filed for my fiance's K1 visa. Will this affect the process or will i absolutely have to pay them before filing?


As long as you have not incurred a tax lein, you will be fine. It will not affect the petition in any case BUT it could affect you at the consulate level. If you have a tax lein of $2800 they will deduct $2800 from the calculation of your income on the I-134 which could cause tyou to be ineligile to sponsor. Get a payment plan in place.

Um... can you cite any specific instance of this occurring? Because, frankly speaking, it sounds like you're talking out of your ??.

A tax lien is an encumbrance upon real property. It has nothing to do with income. If it were going to be counted against anything, it would be against the value of property being used to satisfy the support requirements. If the IRS has obtained an order garnishing wages/salary, that might be a different story; even so, all the affidavit of support forms ask for gross income, not net.
Stephen + ElishaMaleSouth Korea2009-09-14 07:55:00
K-1 Fiance(e) Visa Process & ProceduresHelp on Address Section of the I129F
QUOTE (rsn @ Sep 17 2009, 10:57 AM) <{POST_SNAPBACK}>
QUOTE (manuelavi @ Sep 17 2009, 09:26 AM) <{POST_SNAPBACK}>
Hi There, I am filling out the I129F and my fiances address is to long and there is not enough space. What can i do? It is olso happening on the G325a Form. Any help would be greatly appreciated. Thanks


Write it in or attach a separate piece of paper & reference the attachment in the space provided.

good.gif

Or leave it blank and fill it in by hand after you print it out. You are under no obligation to fill out the entire form on your computer.
Stephen + ElishaMaleSouth Korea2009-09-17 10:17:00
K-1 Fiance(e) Visa Process & ProceduresQuestion re: I-129F
QUOTE (JimVaPhuong @ Sep 17 2009, 12:52 PM) <{POST_SNAPBACK}>
QUOTE (Stephen + Elisha @ Sep 17 2009, 09:11 AM) <{POST_SNAPBACK}>
Perhaps if you were born in a US military hospital a birth certificate would suffice to prove US citizenship. In general, however, I think it's safest to advise people to go by the I-129F instructions:


Most US military bases in foreign countries are not US territory (they are usually leased from the foreign government), so birth at a US military base in a foreign country does not automatically qualify the child for US citizenship. A report of birth abroad is still required. If the qualifying parent is in the military, then the report is usually filed with the military passport authority at the base. Otherwise, it's filed with the consulate in the foreign country, as usual. A CRBA, Certificate of Citizenship (not everyone applies for one of these), or copy of passport is required to prove citizenship. A birth certificate alone won't work.

good.gif Good info. I suspected this was the case, but was trying to reconcile what I knew with Otto und Karin's statement above regarding being born abroad and requiring only a birth certificate.
Stephen + ElishaMaleSouth Korea2009-09-17 12:28:00
K-1 Fiance(e) Visa Process & ProceduresQuestion re: I-129F
QUOTE (Otto und Karin @ Sep 17 2009, 11:58 AM) <{POST_SNAPBACK}>
QUOTE (Stephen + Elisha @ Sep 17 2009, 09:41 AM) <{POST_SNAPBACK}>
This is all correct, but you've left out one possibility: Citizenship through one or both parents. In this case, he would provide either a copy of his FS-240 Consular Report of Birth Abroad or, if he has obtained a Certificate of Citizenship, a copy of that certificate. In addition, he would provide the certificate number, date and place of issue on the I-129F.

I was born abroad and provided no such documentation - simply my birth certificate would have sufficed (although I didn't include it at the time, I used my passport as proof).


Perhaps if you were born in a US military hospital a birth certificate would suffice to prove US citizenship. In general, however, I think it's safest to advise people to go by the I-129F instructions:

QUOTE
C. If you were born outside the United States and you are a U.S. citizen
through your parents, give USCIS:
1. Your original Certificate of Citizenship, or
2. Your Form FS-240 (Report of Birth Abroad of a United States Citizen).
D. In place of any of the above, you may give USCIS a copy of your valid,
unexpired U.S. passport issued with a validity period of at least five years.
You must submit copies of all pages in the passport.

Stephen + ElishaMaleSouth Korea2009-09-17 11:11:00
K-1 Fiance(e) Visa Process & ProceduresQuestion re: I-129F
QUOTE (JimVaPhuong @ Sep 17 2009, 11:31 AM) <{POST_SNAPBACK}>
QUOTE (Michyme82 @ Sep 17 2009, 07:58 AM) <{POST_SNAPBACK}>
I'm on question #10
Birth in the U.S. Naturalization

Give number of certificate, date and place it was issued

I'm confused about the date and place it was issued, my fiance was born April 6 1970 but his certificate says date issued Dec. 6, 2006- He lots his original one so this is the date on the new one. would I write that date in or it also says Date received by local registrar- April 22, 1970- would I put tis date in.

Also re: place it was issued do you put the State, Town, Hospital?


I think you're getting confused.

The "certificate number" is only if citizenship was acquired by naturalization, meaning he became a citizen after immigrating to the US. If he was born in the US, then his citizenship was acquired "by birth".

If he was born in the US, then check "Birth in the U.S.", and leave it at that. Provide proof of his citizenship - photocopy of both sides of certified copy of birth certificate, or photocopy of all pages of US passport.

If he was born in another country, and acquired his citizenship by naturalization after immigrating to the US, then check "Naturalization", and provide the number and date on his Certificate of Naturalization. Provide a copy of the certificate with the petition.

This is all correct, but you've left out one possibility: Citizenship through one or both parents. In this case, he would provide either a copy of his FS-240 Consular Report of Birth Abroad or, if he has obtained a Certificate of Citizenship, a copy of that certificate. In addition, he would provide the certificate number, date and place of issue on the I-129F.
Stephen + ElishaMaleSouth Korea2009-09-17 10:41:00
K-1 Fiance(e) Visa Process & ProceduresIs the VSCstarting to process faster
September 30 is a significant milestone for the federal government, as it's the end of their fiscal year. To many of us who've been following VSC processing times for a while, it looks very much like they're cherry-picking cases to improve their average processing times heading into that date. As a result, a significant number of March and April filers have been "left behind" while they've pushed hard into May and June.
Stephen + ElishaMaleSouth Korea2009-09-17 15:57:00
K-1 Fiance(e) Visa Process & ProceduresK1 "Original statement"
QUOTE (Darnell @ Sep 18 2009, 08:17 PM) <{POST_SNAPBACK}>
I've no idea how it's done in UK, but this 'letter of intent to marry' is turned in, signed, at the GUZ consulate on interview day - ie - it's not turned in with the original I-129F petition inside the 'filing packet'.

It's something that IS covered for the P3, for a K-1, is the UK consulate asking for this letter to be sent in? Did you receive a P3 packet???

Sorry, I can't determine which 'phase' your petition is in/at.

The initial I-129F submission requires "original statements" affirming freedom and intent to marry from both the petitioner and the beneficiary. This is listed in the I-129F instructions (5.B, pages 2-3 of the instructions), and is a REQUIREMENT of the initial I-129F petition to USCIS.

Consulates often require a second, updated letter of intent from the US citizen petitioner at the time of the interview. While the content can be identical, this is a separate and distinct letter IN ADDITION TO the ones that are REQUIRED at the I-129F initial filing.

Edited by Stephen + Elisha, 18 September 2009 - 07:29 PM.

Stephen + ElishaMaleSouth Korea2009-09-18 19:23:00
K-1 Fiance(e) Visa Process & ProceduresK1 "Original statement"
QUOTE (Archeon @ Sep 18 2009, 07:40 PM) <{POST_SNAPBACK}>
so my understanding is that as detailed by the consulate, these forms (specifically the I-134) are not required, unless either the consulate or the us state department feel there is a risk and requests them at this stage?

THEORETICALLY the London consulate will allow a K-1 visa applicant (beneficiary) to self-support, i.e., provide evidence of assets sufficient to support him/herself upon arrival in the US.

IN REALITY, they will require evidence of the US citizen petitioner's resources to support the beneficiary after entry, and in practice this means they will ask for an I-134. A UK applicant recently posted that his visa issuance was delayed because he fell for the consulate's web page and neglected to obtain an I-134 and supporting documents from his US citizen fiancee. Smart move: learn from his mistake.
Stephen + ElishaMaleSouth Korea2009-09-18 19:20:00
K-1 Fiance(e) Visa Process & ProceduresSudden problem with copy of initial packet
QUOTE (MouadsWife @ Sep 18 2009, 08:28 PM) <{POST_SNAPBACK}>
I have been busying myslef with making a copy of the initial packet that I had sent to USCIS. Basically, I did not make a copy, but put everything in a folder on cd to reprint when time came to mail it to my fiance. I have just dicovered that I am missing some documents. I have the initial letter of intent to marry, however I did not 'scan' it in showing his signature. So, I guess I have to send him the papers again to have him resign them to he coudl present them at the interview if asked for them. but I have a question about the date. Should I have him sign and date them for the current date. I mean, if he resigned them today, should he sign Sept 18, 2009? Or should he sign what date it was when he filled them out initally. Not sure what to do in this situation

As long as the copy that was submitted to USCIS was signed, there's really nothing to worry about here. While it would have been better to copy the packet exactly as submitted to USCIS, it's not really required. The copy is just for insurance that anything that USCIS, NVC, or the consulate loses can be easily replicated.

That said, it's unlikely that the consulate is going to ask for a new copy of his I-129F letter of intent to marry. He will be affirming his intent to marry simply by showing up for the interview and signing the DS-156K under oath. The copy of the initial I-129F packet that you send to him is primarily to allow him to familiarize himself with its content—e.g., biographical information about you in case they ask (what are your fiancee's parents' names? where was your fiancee born? etc.)
Stephen + ElishaMaleSouth Korea2009-09-18 19:34:00
K-1 Fiance(e) Visa Process & Procedures2 quick questions - thanks in advance
Just a quick note of clarification: you can't just file for a K-3. You file for a K-3 after filing an I-130 for the IR-1/CR-1.
Stephen + ElishaMaleSouth Korea2009-09-18 21:28:00
K-1 Fiance(e) Visa Process & ProceduresVSC to NVC for K-1
QUOTE (JimVaPhuong @ Sep 17 2009, 02:33 PM) <{POST_SNAPBACK}>
QUOTE (LovelyKris81 @ Sep 17 2009, 11:19 AM) <{POST_SNAPBACK}>
If I signed up for automatic updates by email will I get one when it is sent and/or received by NVC or do I have to keep checking the hotline? And should I call USCIS or NVC to speak to a rep?


Your automatic email updates are only for USCIS. If you got an email with your NOA2, then that's probably the last email you'll get from them. Call NVC and talk to a human being.

good.gif Press 1 for English, then 5 to speak to an operator. Operators available 'til midnight Eastern time.
Stephen + ElishaMaleSouth Korea2009-09-17 13:37:00
K-1 Fiance(e) Visa Process & ProceduresK1 what ifs...?
QUOTE (Maria&Nick @ Sep 19 2009, 03:12 PM) <{POST_SNAPBACK}>
1. If we do the K1 and she decides to leave without getting married, would it be possible to do another K1 in the future? Yes, but I don't know whether you could submit it for the same Beneficiary. Or would it be possible to do the K3? Yes

There is no problem with petitioning for the same beneficiary in the future. If anything, it would raise fewer IMBRA issues (in theory) than petitioning for a different beneficiary. Either way, he would need to disclose the previous petition(s) on any subsequent I-129F, whether for the same beneficiary or a different one.

Edited by Stephen + Elisha, 19 September 2009 - 02:24 PM.

Stephen + ElishaMaleSouth Korea2009-09-19 14:23:00
K-1 Fiance(e) Visa Process & Proceduresproof of meeting
QUOTE (Archeon @ Sep 19 2009, 05:23 PM) <{POST_SNAPBACK}>
Hi everyone,

I apologise for my string of threads, just really worked up and trying to make sure everything is perfect for my visa application.

My current "stress" is over evidence of meeting.

Me and my fiancé have met once, during that time only 2 photo's were taken (one quite dark but visible, one good one but taken on the same night) of us together by a friend of ours (we weren't really planning ahead properly at that point). No reason to stress about this. Photos are only secondary evidence anyway.

Now we are obviously going to include those 2 photos in our proof of having met along with the following information:

Plane tickets
Boarding cards
Passport stamp scan These two are your best primary evidence for meeting in person. With these and the two photos, you will be fine.
London tube map which as been written on by me
email correspondence from before and after trip
IM correspondence from before and after trip

The only other photos we have are one of my house, and one of a london underground station, neither really all that useful in my opinion?

Could anyone pass comment regarding if they think we will have any problems regarding this?

The only other things to consider are, i will in a month be going over for a 3 month holiday under the VWP while my visa processes, so any RFE will be easy to fix once out there as we can very simply take more photo's of ourselves. Not at all! Photos taken after filing the I-129F are absolutely, positively USELESS in response to any RFE. Any evidence has to come from the two years prior to filing the petition. Anything after the filing date is meaningless. The other option is to wait until i am there to apply for the visa, however from what ive read elsewhere, this may cause objections as they assume you are doing something fraudulent? Again, not at all the case. Many people file the I-129F while their SO is in the US. There's a place on the form to give information about that (I-94W number, etc.).

Any thoughts much appreciated

Regards,

Arch

Stephen + ElishaMaleSouth Korea2009-09-19 16:42:00
K-1 Fiance(e) Visa Process & ProceduresNotarzing the I-134 ???
QUOTE (Filipina Lover @ Sep 20 2009, 12:22 PM) <{POST_SNAPBACK}>
I heard something about it not needing notarizing but I haven't seen any form that says you don't have to notarize it, the form I have says it must be notarized.

I don't want to take a chance, I'd rather pay the $10 and not have any delay. I would think that the I-134 wouldn't have a place to have it notarized if you didn't have to do it.

It sure would be nice not to have to have things notarized. It would just be nice if they have some respect for us US Citizens and not have to have us go through this ridiculous process just to get married, when there are so many illegals crossing the border everyday and they do nothing about it.

It is altogether possible that consulates are providing outdated versions of the I-134 that still provide a place for notarization. That said, the current I-134 available for download from USCIS (http://www.uscis.gov.../form/I-134.pdf) does not include the notary certificate, and both the instructions and the form information page on the USCIS website specifically state that the form need not be notarized.

As thepizzadude said, find out your consulate's requirements and complete the forms accordingly.

Edited by Stephen + Elisha, 20 September 2009 - 01:41 PM.

Stephen + ElishaMaleSouth Korea2009-09-20 13:40:00