ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresA Few i-134 Questions
@ Anh map: Darn, I was hoping I wouldn't need the letter and pay stubs for myself since it's my mom who is the main money-maker they'll be looking at. Ah well, at least I can get a correct answer for #7 then, like you said. I'd rather my manager attempt to calculate it than myself anyway. ^^; As for Aussie info, I have talked to a few people on here who went through there. From what I can tell they're not too picky. But better safe than sorry. I'll keep checking out the forum.

@ Jay-Kay: Right. Thank you. =)

Edited by Mitexi, 03 May 2012 - 03:46 AM.

MitexiFemaleAustralia2012-05-03 03:44:00
K-1 Fiance(e) Visa Process & ProceduresA Few i-134 Questions
I tried looking this up, but I didn't find enough details to explain this to me well enough.

On the i-134 form for #7 about annual income, I'm not sure what to put. I worked at one retail chain for the beginning of year, went to Australia for 3 months, and then worked at a different retail chain from October till now. Am I supposed to use my total income from those two jobs from my 2011 taxes, or am I supposed to take what I make at my current job and put what it would be if I worked there the entire year? Because that's going to be really hard to do considering my hours vary drastically from week to week. =/

Also, my mom is co-sponsoring and she makes over the required amount of money with her full time job as a manager at a retail chain. Do I need anything other than an i-134 for her and the tax transcript? Like, do I really need a letter from the retail chain stating that she's a valued employee etc. etc.? Because I would think the tax information would list everything they need. I know sometimes the embassies ask for certain things, but if they only ask for the i-134 and taxes, do I really need to provide extra stuff?

And lastly, what is this line at the bottom under "Oath or Affirmation of Sponsor". Next to "I acknowledge that I have read Sponsor and Alien Liability" etc. my PDF viewer is showing that there is a line to fill in. Is that for a signature? Because underneath of that statement is yet another statement that includes an official signature and date line.

Posted Image

Edited by Mitexi, 02 May 2012 - 10:08 PM.

MitexiFemaleAustralia2012-05-02 22:03:00
K-1 Fiance(e) Visa Process & ProceduresName Change During K-1 Process?
Alright, thank you both. We will check with the proper places and try to get some answers.
MitexiFemaleAustralia2012-05-06 11:11:00
K-1 Fiance(e) Visa Process & ProceduresName Change During K-1 Process?

If he wants to change his name prior to US immigration he should do it at home and then change his passport, etc. to reflect his new (old) legal name.


This is what he wants to do, but we're just concerned if this will screw up the process at all. Like if he shows up to his interview with a different name, would that mess things up even if he had the name change documents and the changed passport? Or would it be okay since that name is listed in the "other names used" section? We don't want this to add a bunch of delays or unnecessary hassle, so we're just wondering exactly how much this would affect things.
MitexiFemaleAustralia2012-05-06 10:47:00
K-1 Fiance(e) Visa Process & ProceduresName Change During K-1 Process?
His biological father's name was his birth name, but it was changed to his step father's name later. And it states at the bottom of his current birth certificate: "previously known as (biological father's last name)"

His biological father's name *was* included in the "other names used" section on the petition.
MitexiFemaleAustralia2012-05-06 10:22:00
K-1 Fiance(e) Visa Process & ProceduresName Change During K-1 Process?
Okay, so I have an odd situation. My fiance in Australia is wanting to change his last name, and we're unsure of the best time he should do this. We've already started the K-1 and should be pretty close to NOA2 at this point. Could he get his name changed before the interview stage and then bring all relevant forms documenting the name change? Or does that screw everything up? And if it does, when is the best possible time to get the name change?

He'd like to change his name back to his biological father's name (as he currently has his step father's name, but started out with the other), and some of his relatives are taking interest, especially now that he is getting married. We don't want to wait till the naturalization process if possible, because that's years away. We'd like to get this taken care of as soon as we can.
MitexiFemaleAustralia2012-05-06 09:15:00
K-1 Fiance(e) Visa Process & ProceduresNo Company Letterhead?
Ah, that's good news to hear. =) I already have my tax stuff ready to go, so that won't be a problem. I guess I will include a note about the letter of employment as well. Thank you for the help! That does make me feel a little better now.
MitexiFemaleAustralia2012-05-06 20:09:00
K-1 Fiance(e) Visa Process & ProceduresNo Company Letterhead?
For the Letter of Employment, how important is it that it include a company letterhead? Because I asked my manager at work and they do not have any papers with a company letterhead on it to write this letter. Would it be okay if she wrote it on normal paper with all of the information listed, or is it worthless without the company letterhead? I can supply recent pay stubs and my tax information, but this letter is giving me issues.
MitexiFemaleAustralia2012-05-06 19:22:00
K-1 Fiance(e) Visa Process & ProceduresHow much is the fee for a lawyyer?
I agree with everyone else. Don't use a lawyer unless you have a complicated situation. I felt the same as you when I first decided to do this. Everything seemed really overwhelming and confusing and I thought there was no way I could do it myself. But if you read through all of the information on this forum and break everything you need to do down into steps and parts, it's much easier to handle. It can be a bit stressful, wondering and worrying if you have all of your stuff correct, but the people here are always willing to answer your questions and try to help you out. =) Lawyers are expensive, and I've read a lot of cases where the lawyer screws things up. So I think you're better off doing it yourself, where you know exactly what you're writing/sending out, and when.
MitexiFemaleAustralia2012-05-06 10:40:00
K-1 Fiance(e) Visa Process & ProceduresTax Return Transcript Unavailable?
Thank you. I'd rather hear the possible problems now so that I can prepare for them. I'm hoping her taxes might get processed while I wait for NOA2 approval, or by the time of the interview stage. I can always send my fiance the W2, 1040, etc. to turn in when they ask for it, and then send him the transcript later to take to the interview with him in case they need it. Because that shouldn't be for another 2 months or so.
MitexiFemaleAustralia2012-05-15 22:57:00
K-1 Fiance(e) Visa Process & ProceduresTax Return Transcript Unavailable?
New development. She talked to the IRS people and they said my mom's transcript is unavailable because she owed in, and they haven't even started processing most of those yet. And it could still be a while.

If I send in a regular copy of the tax return (with W2, etc.) that we have from TurboTax, will that still count? Even though it's not apparently processed?

Edited by Mitexi, 14 May 2012 - 04:03 PM.

MitexiFemaleAustralia2012-05-14 16:03:00
K-1 Fiance(e) Visa Process & ProceduresTax Return Transcript Unavailable?
I asked and she said that my dad and her filed separately for 2011.

Edited by Mitexi, 14 May 2012 - 09:33 AM.

MitexiFemaleAustralia2012-05-14 09:32:00
K-1 Fiance(e) Visa Process & ProceduresTax Return Transcript Unavailable?
I went to order my tax return transcripts today so that I had them ready to go. I was able to order mine over the phone for 2011 without a problem. However, when my mom (co-sponsor) tried to order hers, it kept saying that the tax return for 2011 was unavailable. We tried the online order too, but it still says it's unavailable. What would be the reason for that? We had our taxes done at the same time and sent in back in February. She ended up owing in, but paid that a while ago too...

If I can't get her transcript, we have a copy of her tax return from TurboTax with the W2 and all that. I'm a little unsure though if she needs to send in things like Goodwill slips? Does that go with it?

Edited by Mitexi, 14 May 2012 - 12:50 AM.

MitexiFemaleAustralia2012-05-14 00:42:00
K-1 Fiance(e) Visa Process & ProceduresNO NOA2 December Filer
Don't worry, I'm still waiting too. I'm sure we'll get them soon. =)
MitexiFemaleAustralia2012-05-23 12:35:00
K-1 Fiance(e) Visa Process & ProceduresDecember & January Filers
I feel your pain, but I'm just trying to wait patiently. Reading from others, it seems putting in a service request does nothing except for them to tell you to wait 60 more days. =/ I have no idea about Senators though. I really don't want to mess with all that unless the time frame is getting ridiculous. I'm over 5 months now and will probably try to stay calm until it gets around the 6 month mark. Hopefully it doesn't get that far, but you never know. >_< I would say just try to be patient for now.
MitexiFemaleAustralia2012-05-26 23:10:00
K-1 Fiance(e) Visa Process & ProceduresBest case scenario for K1 without RFE

Mitexi,

That is unfortunate, hope yours NOA2 come soon. I looked up the average processing time, it is around 151 days. But could be as high as 200 days. I think I will just make a few trips during the waiting period.


I actually got my NOA2 last night after I posted here. :D But as Harpa Timsah says, there's still a lot more waiting/steps to come now. It just feels good to finally be able to move past THIS part. ^^;

You might get lucky and go faster, or you might get unlucky and take longer. The best thing is to prepare for the worst and be pleasantly surprised if it ends up sooner than you expected. I went into this process knowing it would likely be 7 to 8 months (or more) from start to finish. If he gets the visa before that, then hooray! If it takes a little longer, then it won't surprise me. I'm not gonna lie, the wait is torture. But after that first month or so, you kinda fall into the rhythm of it and it gets a little easier. Just hang in there and try not to hope for numbers/times/approvals that are sooner than the average. Best case scenario you make the average, worst case you go a bit over it. Getting some miraculous 3 month approval is like winning the lottery. Sure it might be POSSIBLE, but would you base your future around winning the lottery?
MitexiFemaleAustralia2012-06-02 16:55:00
K-1 Fiance(e) Visa Process & ProceduresBest case scenario for K1 without RFE

I noticed the last time you updated your timeline was 2011. I hope and wish that you are at least past NOA2 at this point.


Sadly, no. My timeline is correct. I am still waiting for NOA2. )= This is why you should not form any expectations at this point. You're bound to be disappointed.

Edited by Mitexi, 01 June 2012 - 06:11 PM.

MitexiFemaleAustralia2012-06-01 18:11:00
K-1 Fiance(e) Visa Process & ProceduresBest case scenario for K1 without RFE

Really. You are being very unrealistic. Your fiance will not be in the US in 4 months. I'll bet the farm on that.


I think they may have meant 4 months for just this step of the journey, not 4 months from start to finish. ^^; Still probably going to be disappointed though.

In regards to a well put together package, I have seen people say they got RFE's for documents and evidence they already included in their petition, so having everything put together well is no guarantee that USCIS won't lose something themselves...

Edited by Mitexi, 01 June 2012 - 05:07 PM.

MitexiFemaleAustralia2012-06-01 17:05:00
K-1 Fiance(e) Visa Process & Procedures2012 PETITIONS, ANY PROGRESS??

Hi guys! I am a Macedonian citizen studying and living in Germany for the past 7 years now, and met my American fiancé at my university two years ago. We sent in the documents for a fiancé k-1 visa on January 16th 2012, got the receipt on January 23rd, but since then there has been no movement whatsoever regarding the status. "Initial review" has become our daily bread :I

Can you please share some of your experiences with me? I am slowly going nuts (^^), since I am about to finish my Master's in Tübingen, got accepted to Yale (where my fiancé is studying as well), and cannot start planing anything - neither family nor career...

I hope that some miracle will happen and I can finally be with my fiancé preferably before the end of August...

Looking forward to your responses, man, Vermont is slow, and I cannot think of ANY reason why they would reject or delay our petition.. Thank you so much in advance!

Yours,
Ana



If you got the receipt on Jan. 23rd, then you're still within the 5 month processing time. But even that's not guaranteed. It took ours 169 days (over 5 months and 2 weeks) to finally get approved (and that was with no RFE's). Some people are waiting there for 6 months.

I was hoping to be with my fiance by August as well, but with the NVC currently running so slow (I've been seeing people waiting a month or more to get their case numbers) I'm starting to be hopeful that he's even here for September. =/

Edited by Mitexi, 12 June 2012 - 06:32 AM.

MitexiFemaleAustralia2012-06-12 06:31:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Processing Times
I'm past 5 months and still waiting. =/
MitexiFemaleAustralia2012-05-31 01:16:00
K-1 Fiance(e) Visa Process & ProceduresAdministrative Processing at NVC??

I spoke with a representative of NVC this afternoon, and he shared that our case was received yesterday and that it's in A/P. Is that standard for a K-1 at NVC? In other words, is that just their way of saying they're running the standard background check, or should I be concerned? After all, I did get the whole line about there not being a time frame for admin processing... :help: :unsure:


I was told the same exact thing, and was out of the NVC a week later. I was told by one of the operators that the "AP" is something that happens to every case at NVC. Someone else in a different thread at the time said they researched it and usually the AP at NVC only lasts a few days, and it just seems like "normal" processing.

Here's the post about it: Link
MitexiFemaleAustralia2012-07-18 18:15:00
K-1 Fiance(e) Visa Process & ProceduresPleasee Help,Really Important ?'s for fiance visa!!!

Hi Everyone, This is my first post and im not even sure if im posting in the right forum, i cant seem to figure out how i post anything so when i saw i can here i figure i give it a shot and see if im right = p if these questions i have are not in the right area for discussion please let me know how im suppose to be doing this,

I'm in the process of getting everything together for the fiance visa and had a couple questions that i cant seem to find any answer to online. This site has giving me a lot of help when preparing everything, so hopefully someone can help me with my questions :)

I was wondering if anyone has sent in a wedding invitation to the USCIS as proof that the relationship is legit and there is a real intent to get married once my fiance enters the US. If anyone has done this did you have a date you plan on getting married being there's no legit estimate on when everything will be processed.

Another question i had was is there any police records of any sort that need to be sent to the USCIS? I know that my fiance will need his when he goes to the embassy in Brasil but I'm sort of confused if anything is needed for the USCIS.

I really hope someone can answer these questions for me so i can get everything together ASAP to start the process being I'm almost finished. Thank you in advance :D


Rachel & TomFemaleIndia2012-07-12 17:46:00
K-1 Fiance(e) Visa Process & ProceduresHelp for a Newbie

Well, to start off, me and my fiance have been together for 3 and a half years now. I have visited him in Peru 5 times in the past two years. He is unable to visit me in the US because he doesnt have a visa. He's never been outside of Peru ( I dont know if that will affect anything once we do the K1 visa). I'm 20 and hes 31, which i know is a big gap.


I honestly dont know much about this process for the K1 visa but we definatley don't want to keep continuing the way we are; which is me visiting him 2x a year. Our choices were to file to K1 visa or for me to move to Peru once I graduate from university. But I would much prefer if he were able to come live in the US.



I already know that I must have a job to show that I can support him once he comes. I've also kept all my flight tickets through the years.
Also, most of our conversations when we aren't together are through MSN or QQ Messenger which has saved conversation Histories. We don't use the phone to call eachother since it costs money and its free on the internet.

I guess my main question is, what other steps or evidence should we prepare for the fiance visa?


Anything could help!



My fiance visa just got approved yesterday.... I kept everything from day one... even though i didnt know it would go this far there was just something in me that told me to keep things. Remember that any pics you take together need to have a date on them, is better to have a printed date on the front but a writen date and where the pic was taken on the back is good too. basicaly you want to send in everything you have to be able to prove your relationship with him. I have a blog that i do and i printed that of the internet and sent that into the USCIS too as evidence of our relationship too...

everything you need to trun in will need to be duplicated and turned into peru too remember that... so make 3 copies of all your evidence... one for your records, one for him to turn in, and one for the USCIS too.... but that web site that was given to you is a good site too...

good luck
Rachel & TomFemaleIndia2012-08-07 11:33:00
K-1 Fiance(e) Visa Process & ProceduresDidn't submit a letter of intent

IMHO, it depends completely on the attorney you use. I'm having a fantastic experience with my attorney, and I'm only paying about $2,600 for him to help me through the entire process, from collecting evidence through AOS. It sounds like the problem isn't that people are using immigration attorneys, but more directly the problem is that they're expecting the fact that they have an attorney to take the place of being informed about the process and about the reputation of the specific attorney that they hire. So along with the advice of contacting your state's Bar Association to find out how to go about recouping your money, you might do some checking into lawyers' reputations (even interview a few of them--after learning enough about the visa process to know what questions to ask--before deciding which to use), and ask the state Bar Association if you could have your fees transferred to the new attorney. Just a thought. Best of luck!


Ummmm, I never expected my attorney to take the place of me being informed, and quite frankly I WAS asking the correct questions several times.... she told me at least 4 times I did not need it. Obviously I thought I did or I wouldn't hacve continued asking. I don't know if you meant that directly to me or if you were stating thats generally what happens but I am a very well educated person and I think I have done a great job throughout the process thus far :)
BesosforMexicoFemaleMexico2012-02-19 13:11:00
K-1 Fiance(e) Visa Process & ProceduresDidn't submit a letter of intent

Yeah, since you have not paid her money to file the I-130, there is no beef or damage there. I suppose you could use that as an example of how she is giving incorrect advice.

The instructions for the I-129F specifically state that the LOI is required however, many times, it is not required apparently. She is def wrong, but in front of a Judge or whoever the person who would hear your case, I am not sure how it would play. She could argue that the LOI is not required evidenced by people not receiving RFEs and the I-129F instructions are not correct and outdated, the problem is with the USCIS and their instructions, not her firm.

I think you should do a cost benefit/analysis, how much does it cost you to pursue a case against her in time/money/energy/emotions and how much will you get out of it. You probably have to back out the fees from the $5,000 for the translations, shipping and the USCIS fees to get a number, then you would probably need to back out more from the $5,000 because she did do a lot of the process right. Then, you would probably need to prove you were damaged, if you do not get an RFE, then it would be hard for you to prove you were damaged in anyway. Or, you could file something and it end up in front of a Judge that does not like immigration Attorneys and he could rule in your favor. I do not know, but your Attorney would likely fight anything you would file against her. Having said all that, if you do not get an RFE, you probably should just move on with your life without this Attorney in it. If you do get an RFE, then you can see if the damage done to you is worth the cost to go after this Attorney.


I have a friend who is a civil attorney who would do the work for me and only charge me assuming I won the case so it mighttttt be worth my time but honestly I just want her to KNOW she was wrong. If she does think she is wrong at this point she is doing a great time denying it. So I think my main goal at this point is to get her to quit screwing innocent people just looking to get their fiances here out of their money.
BesosforMexicoFemaleMexico2012-02-19 12:08:00
K-1 Fiance(e) Visa Process & ProceduresDidn't submit a letter of intent

You probably won't get a malpractice suit at all with this, technically she didn't do anything severely wrong, she has other cases that have been approved so they will look at that and be like nah she did everything fine, and you didn't actually file the I-130 so you can't use that (please note that i am not in any way taking her side cause i think she is seriously messed up in her information and should not be doing immigration applications for anyone or giving advice) I'm just looking at it realistically that you probably won't win any kind of suit or get any money back unless you flat out get denied, which isn't going to happen, at worst you will get the RFE which i know your not worried about at all. Does he have any friends or family that are not in that city that would be able to visit him and take the letter to be signed and then mail it to you for him, just thinking it might save you some money even if you had to provide a little money to make the trip, would it save you a good amount of money to do it that way?


I likely COULD convince a close friend of our to go IF he could get off work but the time it would take me to send it to him and then have him travel and then send it back to me would likely take a month.

On top of that I would then be paying him at least $200 for all of that for fees, flights, etc.

I DID have this weekend off for a trip to mexico but I was only going in the event his company allowed him to return home to Cozumel. I haven't seen him since October. I had vacations scheduled in December, Jan, and beginning of Feb that I was planning to spend about $1000 each on. So technically by not going I saved about $3000.... I feel I can justify to myself spending $2000 on a trip now, if for nothing else just to see him.
BesosforMexicoFemaleMexico2012-02-19 12:05:00
K-1 Fiance(e) Visa Process & ProceduresDidn't submit a letter of intent
From my attorney yesterday

" We have always filed an I-130 petition with the I-485 application once the applicant for the K1 is inside the U.S, to provide a more thorough application. We have done this in every case, and have never received an I-130 returned as unnecessary. (Believe it or not, the USCIS will often reject and return filing fees when a petition is not needed). We have followed this procedure as a safety net."
BesosforMexicoFemaleMexico2012-02-19 11:46:00
K-1 Fiance(e) Visa Process & ProceduresDidn't submit a letter of intent

I understand, it is a bad feeling when you pay money and don't get good service. It happens, but now you will stop giving her money, so that is good. No need to fight with her anymore, that $5,000 is a sunk cost at this point. Since many people do not get RFEs for the LOI, she will argue that the advice she gave you is reasonable, she also has the files of her other clients that did not get RFEs for the LOI, so it will be tough I think for you to prove mal-practice on her part.


What about malpractice for trying to get me to file an I-130 after marriage when it is clearly not required? Since I didn't actually fall for her advice and file those papers, could I snowball it all together?
BesosforMexicoFemaleMexico2012-02-19 11:36:00
K-1 Fiance(e) Visa Process & ProceduresDidn't submit a letter of intent

EDIT: I just read something else you wrote. You do not have to travel to see them to sign the LOI, just email them a modified copy of the sample letter here with all your personal information on it and have him print it, sign it, and mail it back to you in the US.


As I also mentioned he has NO way to do this. He has no way of printing the document and no way of sending it back to me. I know this sounds unlikely but it is true. I could explain further but to make a longwinded explanation short, he is stuck in company housing with no transportation to anywhere other than work. If it sounds like a prisoner, believe me thats how he feels. He is in a city he doesn't know, with no friends or family around, no way to access the internet other than his lunch breaks every few days, no way to call me other than skype. SURE he could maybe find somewhere to print for a fee, but he doesn't know of anywhere nor do I. Sure, he could pay for a cab to take him from his company housing into the city after work, but he works 6am-8pm and likely anything that could help him would not be open at this time. ALSO, the area he is staying in has a major drug and crime problem and he is quite honestly a bit scared to venture on his own.
BesosforMexicoFemaleMexico2012-02-19 11:15:00
K-1 Fiance(e) Visa Process & ProceduresDidn't submit a letter of intent

Yes, she is right. I didn't include a letter of intent, and I was still approved. Just relax.


I think people are ignoring my comments stating specifically I am NOT upset about the potential of the RFE, I am upset about the sevice given to me by my attorney who I paid astronomical fees.

I understand that some have gotten through the process without a LOI, however I have received private messages from multiple users stating they DID get an RFE for the LOI.

Regardless, I am frustrated with the incorrect advice given to me not necessarily the potential set back of a few weeks.

And EVEN IF I was upset about a possible set back that everyone is reminding me is "only a few weeks" I think I have a right to be upset over a "slight" setback. I PAID a lot of money to NOT have to worry about a set back. If it is a day turn around or a year turn around on an RFE, either way I have a right to be mad
BesosforMexicoFemaleMexico2012-02-19 11:10:00
K-1 Fiance(e) Visa Process & ProceduresDidn't submit a letter of intent

Why in the world would you even pay an attorney $5,000.00 for something you could have filed for yourself. Plenty of useful information, guides and samples here. Good luck. I doubt very seriously you will get your money back from an attorney.


The $5000 did include all fees associated to filing (not that that makes it much better) including translation fee for his major documents, translation affadavits, and of course the filing fees as well as expedited mailing fees.

Still YES she was way over priced, YES i could have done it myself... but I made the decision her services were worth my money at the time.
BesosforMexicoFemaleMexico2012-02-19 10:59:00
K-1 Fiance(e) Visa Process & ProceduresDidn't submit a letter of intent

We hired a lawyer too for our K1 application. We did not submit letter/s of intent and it was approved...with no RFE! Our lawyer said it was not needed as we have enough evidence. We got lucky I guess!


I'm honestly hoping she is correct and we don't receive an RFE but I still am annoyed that it was readily available and she turned me down. At that time I could have easily picked it up from my fiance, as I was visiting consistently every month. Now I havent been able to see him since October and due to work circumstances it is IMPOSSIBLE for me to get any mail to or from him.

I have vacation time requested this weekend so in anticipation of an RFE I will be going to Mexico to obtain his signature on a LOI. If I don't go now, it would be impossible for me to go until end of March or April. Unfortunately his work transferred him and he is staying in employee housing for an undetermined length of time. Meaning I now have more expenses for hotel, transportation, etc that I would not have if he were home. Basically I am "wasting" $2000 in anticipation of an RFE that I may or may not get, because my attorney didn't feel these letters to be neccesary.
BesosforMexicoFemaleMexico2012-02-19 10:56:00
K-1 Fiance(e) Visa Process & ProceduresDidn't submit a letter of intent

It is possible you won't get an RFE for the letters of intent. Some people have gotten by without them, some have gotten RFEs. It will depend on the adjudicator that looks through your petition.

I think your lawyer is still missing the bigger picture. It is not about the letters of intent or whether you will get an RFE or not. It is about her intentionally giving you incorrect information and trying to get you to pay her thousands more to file a single form that is NOT required. It states in the form instructions what is required for adjusting from a K-1, and it is NOT an I-130. She should read it someday.
 
The I-485 instructions state on Page 4 - #12 - Evidence of eligibility -

B. Based on admission as the K-1 fiancé(e) of a U.S. citizen and subsequent marriage to that citizen

Attach a copy of the fiancé(e) petition approval notice (the NOA2 from your I-129F), a copy of your marriage certificate, and your Form 1-94, Arrival/Departure Document.
 
She seems to be unprofessional and rude as well. No competent lawyer would tell you not to research and be informed about your situation. The way she speaks to you and the misinformation seems like enough to ask for a refund. There is no need for her to 'play a power-trip card' and tell you she will not represent you if you do not pay her to file the I-130. You should fire her well before that. I would have fired her long ago.

Yes, only one consulate it could be sent to in Mexico, and that is Juarez. The only forms that are time sensitive are the financials. The rest of the forms can be filled out already. Your fiance will sign and date those at his interview anyway. The fees are not unknown. The fee for the visa is $350 and the medical in Juarez is approx. $200. There is also a small fee(less than $10 unless it has gone up recently) for DHL.


She was very rude. She told me she didn't appreciate my "tone". I told her a few minutes later that she should not accuse me of unrightfully having an attitude when I felt an injustice was done on my part by my paid attorney. She then wanted to bicker about never saying I had an "attitude" and said "tone" and "attitude" are two different things. WHATEVER.

She then told me that since I had emailed her assistant (who I was told was my point of contact) it was not her "fault" that I had been told there was no way of knowing which consulate would be forwarded my case. She also said if I had contacted her, which she felt the need to say was an actual attorney not just an assistant, she would have been able to give me everything I asked for.... my consulate information, my fee estimates, a list of information I could be compiling while waiting. I was told to ONLY contact my attorney if her assistant wasn't available, and she said that if her assistant wasn't sure of an answer to my questions it would be forwarded to her anyways.

I also want to point out that I ASKED her before submitting if it would be helpful to include the letter of intent and also if I should submit chat logs. On our call yesterday I asked her why she persuaded me not to submit these items when it was readily available. Where was the harm in submitting it anyways?
BesosforMexicoFemaleMexico2012-02-19 10:52:00
K-1 Fiance(e) Visa Process & ProceduresDidn't submit a letter of intent

Please see the bold. Did the petitioner and beneficary sign the cover letter? I agree she should not have acted that way and if she did not want to distrubed on the weekend she should have let your call go to voicemail. If you do end up getting a RFE for the letter of intent to marry it will only set you back a few weeks. Email a letter of intent to the beneficary and have them sign it and snail mail it back to you so you are ready for the RFE if it comes. If you get the RFE then I would be trying to get back some money from the lawyer.

We did not have get an RFE for our K1 but we did get one for Pui's AOS. It took about 3 weeks from when we got the text message about the RFE to getting it returned and then receiving the biometrics appointment. We did not use a lawyer for the K1 or the AOS. Good luck OP.


We did NOT sign the cover letter.

I mentioned to her that if she did not want to be bothered outside of office hours, her business cell phone number should not have been given to me. I also mentioned if she was going to a family function she could have left her work cell phone off or as you said sent me to voicemail. She said that she was more than happy to help me on the weekends as she advertises her work phone is available 24/7. So we argued for a few moments about how she was trying to make me feel guilty for contacting her. Our conversation honestly was very highschool. She wanted to bicker about my "complaints" even after a resolution was met. I told her I was satisfied with her "solution". Her solution is to send me a format for the letter of intent, and to submit it as soon as an RFE is given, or if I like we could submit before we receive it with a copy of the receipt for my NOA1. I was under the impression no further information could be submitted without an RFE, and she again told me I was incorrect and that we could submit as much extra evidence as we wanted by submitting it with my receipt number.
BesosforMexicoFemaleMexico2012-02-19 10:46:00
K-1 Fiance(e) Visa Process & ProceduresDidn't submit a letter of intent
She just emailed me .... "Regarding the letter of intent, I had Rachel look through our last three fiancé visas, and none of them required a letter of intent at the USCIS stage. To date, we have not received an RFE requesting this either."

Hopefully she is correct
BesosforMexicoFemaleMexico2012-02-18 18:18:00
K-1 Fiance(e) Visa Process & ProceduresDidn't submit a letter of intent
I know about the guide and everything and I fully intend to file myself....

I was originally going to file myself for the I 129F As well but my parents convinced me that it would look better coming from a lawyer than from an individual. Clearly that's not really accurate but my parents definitely wanted me to go this route.

What a headache
BesosforMexicoFemaleMexico2012-02-18 17:26:00
K-1 Fiance(e) Visa Process & ProceduresDidn't submit a letter of intent

Ouch, $5,000 in fees and she is not even a professional, good lawyers are not emotionally attached to client matters, they remain objective. You should tell her you want a refund if you get an RFE for the letter of intent since she is so confident she is right, play her pride against her since she has become emotionally involved with your case at this point. Getting the fees you paid her back will be difficult I think, and even if you can, it will take a long time to do probably, so if you can play her pride against her, maybe you can get some of your money back without having to go to small claims court or filing something with the BAR.


She would never agree to that but it is worth a try I suppose. She kept saying how insulted she felt because I went behind her back. I told her it's not like I was going online specifically because I was doubting what she told me.... more or less to join a community where people who were going to the same issues were telling about things that slowed up their process. But either way since when is it a crime for me to double check facts given to me by someone in the professional community
BesosforMexicoFemaleMexico2012-02-18 17:16:00
K-1 Fiance(e) Visa Process & ProceduresDidn't submit a letter of intent
She told me to submit the adjustment of status on my own with out of the I 130 and to inform her when I get denied so she can prove she was right.

Ughhhhhh This lawyer is driving me crazy
BesosforMexicoFemaleMexico2012-02-18 17:13:00
K-1 Fiance(e) Visa Process & ProceduresDidn't submit a letter of intent
I mean she has said so many other things to me that are incorrect that we discussed on this call today and I am very frustrated with her.

If she doesn't want to receive calls on saturdays then she doesn't need to answer them. She also told me that there was no way to determine what consulate my interview would be at based on my packet. The country I'm petitioning for only has 1 consulate that handles k 1.

I asked her what documentation I should be preparing for the interview or for other steps taken after an noa2 and she told me that all of the other information needed was time sensitive and couldn't be obtained beforehand.

I asked her for an approximation of fees I will be needing to pay in the up coming months and she said that it was impossible even to guess what fees I will have.

But the biggest part is trying to get an additional 4000 dollars from me for an i130 when clearly you don't need that in addition to a fiance visa

Edited by BesosforMexico, 18 February 2012 - 05:12 PM.

BesosforMexicoFemaleMexico2012-02-18 17:09:00
K-1 Fiance(e) Visa Process & ProceduresDidn't submit a letter of intent
Ok. So I just called and spoke to my attorney for about 45 minutes. She continued to insist that the letters of intent are not required and are optional at this point. I informed her of the research I had been doing online and also that I had contacted a separate attorney to receive a second opinion. She told me that she was very upset with me as her client contacting elsewhere to receive information after she told me it wasn't needed. She informed me that she did not want to be my representation if I was not going to trust her completely. She said she was insulted by my persistence on pursuing my own investigation of what the requirements are. She told me how she has done over 500 k1 cases in the past 2 years that were approved without letters of intent. She said the cover letter that she had typed up and attached to the front of my pocket stating our intent to marry was good enough and that we did not require documents from myself and my fiance as well as the cover letter. She also said that is highly inappropriate for me to contact her on a saturday when she was at a family function, said she didn't appreciate me second guessing her, and told me how rude it was to contact a professional pretending to know more than she did. She basically told me that I should not be even reading forums online or discussing immigration matters with anyone besides her. Basically told me that she deserves an apology and that when I don't get an rfe she wants an additional apology. I in turn asked her to send me a email containing our conversation summary of what we discussed so that if I do you get an rfe I can then file for malpractice based on that and other information she gave me incorrectly.

The bulk of our conversation however was about her telling me how I needed to file and I 130 as well and she told me she would not represent me if I refuse to file and I 130 along with our adjustment of status.

I think once all is said and done I may just contact the bar association after all
BesosforMexicoFemaleMexico2012-02-18 17:03:00