ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresAm I being stupid?

I would assume you know more about your fiancee than "a man that claims to know the immigration laws." His knowledge of immigration law probably is greater than his knowledge of your fiancee, unless he knows her personally. I would think you determined the motivation of your fiancee before you asked her to marry you, if you had any doubts you would've had them long before your conversation with that guy.

You can not change her motivation (if it is not genuine) nor can you avoid the I-864. Let your doubt be based on your experience and not that planted by others.


This is true.
Look at 90% of the replies. The 864 Form was completed by all of them and could'nt wait to do it.
If you listen to friends and even sometimes family and get persuaded to turn on your Finacee. Then call it quits now.
Tim/MavMalePhilippines2011-08-28 08:30:00
K-1 Fiance(e) Visa Process & ProceduresNOA2 to NVC

Okay, now that I have come down from Cloud 9 after receiving our NOA2, I have a couple of questions. First, how does NVC notify you that they have assigned a case number? How do they notify you that the case has been forwarded to the consulate (in my case to Havana)? Do I have to wait until the consulate has our file or can I schedule the interview once I have the HAV number?

Thank you all for your comments.


That process could take 2 weeks to 1 month (NOA2 Approval to NVC) I was never Notified. I had to call NVC 1-603-334-0700. Then add some more time. The National Visa Center will inform you of a Case # and when it was sent to that Country.
Have your NOA2 Case Number and Information ( Birthdates, Etc) It will be a live Operator and give you a Case Number for that Country.
Tim/MavMalePhilippines2011-08-30 09:29:00
K-1 Fiance(e) Visa Process & ProceduresLosing US Government Benefits
Somehow, this became :ot: . Not relating to the OP's question. I'm guilty as well. There is enough information for the OP to make a prudent decision. Emotions come first, then the brain has time to think later.

Edited by Tim/Mav, 29 August 2011 - 04:39 PM.

Tim/MavMalePhilippines2011-08-29 16:36:00
K-1 Fiance(e) Visa Process & ProceduresLosing US Government Benefits

My unemployment benefits are well in excess of the poverty standard. I made a significant salary until I became unemployed last year. I hope to have another job soon, but in the meantime I'm happy to have the benefits. My wife was just approved for her green card, and the only current income we have is my unemployment. We didn't need a sponsor.

Care,
Bill


My Unemployments benefits are above the poverty guilds but there is a difference between a K-1 Petition and a Spousal Petition. Since mine is a K-1 being over the Guildlines even on Unemployment is a Rejection for a Petition. It is not a Source of Permanant Income. I think telling members that being on unemployment and wishful about a Petition to be approved is Bad Advice.
Tim/MavMalePhilippines2011-08-29 15:31:00
K-1 Fiance(e) Visa Process & ProceduresLosing US Government Benefits

I knew a guy once that was getting disability payments, but he still worked under the table for someone. That way he could still get his disability and work for money. This guy never wanted his wife or kids to work because that would make his disability check smaller. I do not know if that is what is happening here, but it sounds similar.


Respecfuly, you cannot count Under the table money as earned income and not taxable by the US Goverment. If you are disabled, then you are disabled. Think TAX RETURNS and Earned Income. Not, Under the table Income. The IRS would love that and SSI. Fraud Indicators in the Air. Do you agree?
Tim/MavMalePhilippines2011-08-29 12:30:00
K-1 Fiance(e) Visa Process & ProceduresLosing US Government Benefits

Sounds weird! I would stop and double check this is really what you want.

Move to the USA and never work because he doesn't want to lose his food stamps? Most people do not want to be on food stamps or assistance!! they want to get out of that road soon as they can but he seems to want to sit there and just keep you sitting at home doing nothing.

Do you know why he needs the medical and cant lose it? I know medical coverage is expensive in the US but how are you going to get your own coverage if you cannot work? you cant use means tested benefits like he is!

Does not sound like a safe or happy environment to move to in the USA...


Medical Benefits could posibly be Veteran Benefits and No Payment required is what I meant. But, Food Stamps. No. The VA does not provide Food Stamps.
Thinking about it. He could not loose VA Benefits if a Honorable Vet anyway so that don't apply.

Edited by Tim/Mav, 29 August 2011 - 11:58 AM.

Tim/MavMalePhilippines2011-08-29 11:54:00
K-1 Fiance(e) Visa Process & ProceduresLosing US Government Benefits

:thumbs: Thank you!

but as I said he is employed so I wonder if there's any benefits he's getting that I don't know/he wouldn't tell me. No, I'm not applying for addictional benefits, he just said that he gets benefits if he's the only one that works so :huh: I'm confused!


I'll end your confusion for you.
Your Timeline indicates No Petition. Don't even bother as to a waste of effort and money. The Petitioner is on Food Stamps for a reason (Way below Poverty Line Levels) . As I said above, medical is different. But, he stated to you if he still works and you come here they will increase his food stamps allowance and Taxpayers will foot the bill.
No, thats not going to work. To get Food Stamps he must be below $1,100.00 per month and does not meet Income Levels to get a succesful approval. (If he has children, thats even worse) He is not thinking at all. I'LL GET MORE FOOD STAMPS AND GOVERMENT HELP BY YOU COMING HERE AND GET MORE HELP.
These are Facts.
Courious: On Food Stamps ? How did he afford to meet you in person and pay all those expenses. Food Stamps are issued on a Monthly Income Statement to get them in the first place.
Tell him to make some changes or call this a waste of time. Never will happen.
Good Luck. Tim
Tim/MavMalePhilippines2011-08-29 11:51:00
K-1 Fiance(e) Visa Process & ProceduresLosing US Government Benefits

LIFE'SJOURNEY no..

I agree, thank you guys :thumbs:

Well, I asked and he said he gets food stamps and mainecare health insurance through the government.

what do you guys think?


If he receives Food Stamps and Goverment Assisted Medical that is A Huge Problem. Sounds like a part-time job and will not meet Income Requirements in Any Country. It is a Public Charge Issue and a reason for Denial.
It is imposible to get Food Stamps unless way below poverty levels but Medical is Different for various reasons.

Edited by Tim/Mav, 29 August 2011 - 11:16 AM.

Tim/MavMalePhilippines2011-08-29 11:13:00
K-1 Fiance(e) Visa Process & ProceduresSo NVC is sending paperwork to Manila...

Get your manila case number from NVC, email the Manila embassy if they already receive the files (they usually respond after 3 business day) tell your fiancee to pay visa fee at BPI and schedule interview online or via phone.

Do not wait for the packet from the embassy, some people do not get it or there is none at all, I think I just got a letter giving me the link on the website (which you already have). Start gathering everything.

Goodluck with your journey!


Excellent Advice and worth every word stated above.
Tim/MavMalePhilippines2011-08-29 20:40:00
K-1 Fiance(e) Visa Process & Proceduresbeneficiary's passport

hi good evening,my fiance will file a petition soon i want to ask if we need to submit a copy of my passport (beneficiary) because my passport will release in 60 days.can my fiance file l129-f even if i dont have a passport yet??thank you very much


I don't believe the beneficiaries Passport is required for the 129-F initial filing. Needed of course later after the NOA2 and all that paperwork of course.
I felt it was needed myself for the beneficiary, and she had one and enclosed in the 129-F packet. But, later looking at posts here it was not required with the original 129-F.

Someone member will clarify.
Tim/MavMalePhilippines2011-08-31 13:09:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Visa Fees
No Credit cards.
Personal Check, Money Order or Bank Cashiers Check to " US Department of Homeland Security "
Tim/MavMalePhilippines2011-08-31 13:26:00
K-1 Fiance(e) Visa Process & ProceduresArrested for domestic violence in the past

USCIS CAN accept a petition even if you have not received a notice of action yet. How can you get a return slip from USPS saying that USCIS accepted and signed for the petition and them not accept it? (this is John the petitioner talking now, my fiancé is on the plane) look at your first notice of action you got a few weeks ago. You will notice it was dated maybe a few days after they received it from USPS. It can take up to 30 days to receive your first notice of action. I was discussing the issue with my buddy because on part c of the I-129f petition it talks about domestic violence. If he was arrested for domestic violence but not convicted doesn't mean that it would not be a red flag. If they feel he is a threat to his fiancé then that would be a pretty big liability for the DHS. My suggestion to him was to provide a statement about the event along with documentation from the courthouse to cover his six just in case. Nobody mentioned wrong payments or errors on his package. I did his paperwork, believe me there are no errors. My fiancé mentioned two weeks because she wanted to express his timeline.


Very Good Dex. You been reading. The 129-F asks for Convictions. Not a Conviction then answering NO was Correct.
Even if not a Conviction, USCIS will see it but, I don't really see a Worry of a RFE for Proof for a Non-Conviction.
To be safe for the Interview: Just let the Fiancee' be aware of this and supply her Court Proof as I mentioned before. Thats playing it safe. I don't think it will be even mentioned at the Interview./ But I never been to an Interview ? :bonk: :rofl:
Tim/MavMalePhilippines2011-07-09 03:14:00
K-1 Fiance(e) Visa Process & ProceduresArrested for domestic violence in the past

usps's notice that the packet got to it's destination dont mean anything other than that usps did their job & got the packet to the address. pretty much if your friend hasn't even gotten a noa1 yet, why's he/she even worried about the background checks, etc, because if he/she dont even have a noa1 yet, it probably means uscis hasn't even accepted the petition (let alone start processing it) yet due to either wrong payment, or some other things with the packet.

if it's past the 2+ week w/o a noa1, he/she is probably gonna just get his/her whole packet back from uscis (that's if he/she paid for return receipt) with a letter stating what's wrong with the packet.


This to me is a Far Fetched Assumption.
Most likely, the Petitioner asked for a Delivery Date Confirmation.
Also, the Petitioner should watch his/her Bank Account for the Check being cashed. If it was cashed. The 129-F has been Accepted even with No Hard Copy Yet.
Tim/MavMalePhilippines2011-07-09 02:27:00
K-1 Fiance(e) Visa Process & ProceduresArrested for domestic violence in the past

it's not going to be a problem but it could be a little delay if the person reviewing the k1 package wants a deposition(50/50), so just to be on the safe side you should tell your friend to go down to the local court house and get a notarized copy of his deposition just in case they sent him a rfe for it. like I said before

it's a 50/50 chance they will ask for it so it's better to have a copy of it.




County Clerks do not Notorize Depositions and neither does Wal-Mart.
The Legal System was tried and a verdict. Guilty or Not Guilty.
County Clerks Attest/Seal/Sign Final Documentations of Records.
Respectfully.
Tim/MavMalePhilippines2011-07-08 13:54:00
K-1 Fiance(e) Visa Process & ProceduresArrested for domestic violence in the past

He needs to have this esponged from his reacord. that can be done at the court house clerk and involves a fee. It is worth getting the arrest record off. the criminal backgorund check does not state if convicted or dismissed. It just states charged and arrested in this case. so, he really needs to get it dismissed.


Nothing is EXPONGED FROM USCIS/HOMELAND SECURITY.

NOTHING !
Tim/MavMalePhilippines2011-07-08 12:59:00
K-1 Fiance(e) Visa Process & ProceduresArrested for domestic violence in the past

Lol! :rofl: that Casey is a crazy person! So if he was not convicted then he would not require anything unless it comes up on RFE?


NO DEX. Thats Not what I said: This is what it means:
Convicted or Not Convicted it will show.
USCIS knows how to read a Criminal File. Since it was not a conviction then you would think :innocent: Nothing to worry about.
It would just seem safer to me to get Certified Proof from the Courthouse and be prepared is all. I don't know if the 129-F was already submitted?
The key word: Domestic Violence; I don't think I would anticipate a RFE for a Non-Conviction.
I would still tell your friend to go to the Courthouse and have them pull the File and see what is written to be safe. That what USCIS will see later.
Tim/MavMalePhilippines2011-07-08 12:56:00
K-1 Fiance(e) Visa Process & ProceduresHow long did it take you to get your interview at the US Embassy in London after your medical?

My fiance is from England! We filed for our k1 back in October, 2010. Needless to say, this process is taking FOREVER for us. We've been very unlucky. But that aside, he had his medical today and it went really well! It did get me to thinking about other people in England having their medical and then going off to the interview. We've not heard back from the Embassy yet.

What was the date of your medical?
What was the date of your interview?

I've heard most people are told whether or not they will be approved or denied at the interview and usually 2 weeks later have their visa in hand. I hope this is true for us!

Matt had his medical June 3. I called DOS on June 17 and was told his interview date would be July 19. We received packet 4 confirming this on June 23. (I was glad I had called, it was nice to know). Hope that is helpful.
Matt&DebFemaleUnited Kingdom2011-07-15 17:31:00
K-1 Fiance(e) Visa Process & ProceduresTomorrow morning

I have my interview at the London Embassy tomorrow for my K1. Absolutely petrified but not sleeping so relieved the day is here. We realised 3 weeks ago that my fiance, as she was still a student, did not meet the financial requirements so her dad has filled out an I-134 form as well as her and I have his tax returns and bank statements for the previous 3 years. I also have a letter and bank statement from my Mum committing to pay me £500 per month until I am able to work, so blessed to have great family support.

Any final advice/tips for me. Feel like this is the biggest day in my life.

With her dad being a co-sponser and you having all the documents, you should be AOK.... They are friendly! Wishing you all the best!
Matt&DebFemaleUnited Kingdom2011-07-19 12:13:00
K-1 Fiance(e) Visa Process & ProceduresG-325a ?

Yes it is the petition.

Another question...What happens when filling in the G-325a on the computer and not all of your answer shows when you print it? Can it be half typed and half hand written to ensure it can all be read when printed? I say half typed because on the list of residences and previous employment you cannot delete the 0000 already in the box.

Any ideas ?


Yes and No. Why? If your 325A of both parties is not complete and looks like ####### and not properly signed it will mean a RFE. There is little room to write in the 325A and no room for Errors.
Do it handwriting if it is neccessary to get it right the first time. Also, if there is not enough room/space to answer a question(s) add a Attachment/Addemdum to the 325A. (Mark as Attached to 325A) Generally, Employment History WITH ADRESSES Cause Petitioners Problems with the last 5 Years. Addresses are required.
I hope I helped as I best can. But what I stated is Fact.
Tim/MavMalePhilippines2011-06-15 12:05:00
K-1 Fiance(e) Visa Process & ProceduresG-325a ?

At the petition stage am I supposed to have a Alien Registration number and a File number ??

Thank you in advance.


NO.. Write None. Assuming this is your 129-F Petition.
Tim/MavMalePhilippines2011-06-15 11:45:00
K-1 Fiance(e) Visa Process & ProceduresPossible questions for K2

Just as a joke Mark but how are you going to fit your Wife, 11 year old, 13 year old and 17 year old in that Sleeper Semi?
I'm sure everything with go fine for you.
Time to get off the Road and tend to your new family. Would you agree?
Best Wishes. Tim


Meaning: Not stop Truck Driving but a Local Route instead of 11 or 48 States. A Job where you are at home at nights.
Tim/MavMalePhilippines2011-06-15 10:42:00
K-1 Fiance(e) Visa Process & ProceduresPossible questions for K2

My fiance will bring her three kids (K2) to the interview in Manila Embassy next week. They are 11, 13 and 17. Anybody have personal experience when you brought your K2 kids along with you to the visa interview in the Us Embassy in Manila. Does the CO only want to match names with faces or are their questions that all K-2 get asked? Your personal experiences are all welcome!!


Just as a joke Mark but how are you going to fit your Wife, 11 year old, 13 year old and 17 year old in that Sleeper Semi?
I'm sure everything with go fine for you.
Time to get off the Road and tend to your new family. Would you agree?
Best Wishes. Tim
Tim/MavMalePhilippines2011-06-15 10:17:00
K-1 Fiance(e) Visa Process & ProceduresCo Sponsor backing out im lost and frustrated

Thanks...JimVaPhuong, and that surely makes sense. I just have never seen that spelled out in the USEM Manila documentation. That's why I said I was not sure of the requirement for that embassy which is where my fiancee will have her interview...fortunately, I'm able to meet either standard so that's not a concern for us. Thanks for the clarification.


For clarification: This is Tim and I write 99% of the time and replied to this as well. Do I want to argue with you. NO. Am I a Visa specialist? No.
The OP's Fiancee is a Philippine Citizen and if you look at JimVaPhuong's content from the past and I agree: The Embassy will look at the Requirements of the Philipphine Goverment even though the Interview is held in another Country. Tax Returns for 2010 and Currant Income of the Petitioner. 125%. Not 100%.
Sorry if I Offended you from reading your first response to this Topic. We all have Stress during this process. We try and answer the OP's question as best as we can though I'm sure you can see Not Everything from Members is Solid Gold.
Thanks for the Congrats on Our NOA2.
Tim
Tim/MavMalePhilippines2011-06-16 01:34:00
K-1 Fiance(e) Visa Process & ProceduresCo Sponsor backing out im lost and frustrated

That may very well be true...and I understand this makes more sense than the 100% rule since you do your AOS soon afetr marriage but, if you go to this link http://travel.state....pes_2994.html#9 you will see what the GOV says:

"Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864"?
No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

Maybe each USEM is different...I'm not sure abut Manila...but not a concern for me.

My question reamins though....were is the money coming from for this journey...maybe that person could co-sponsor


I highly doubt Scott wrote this reply. I don't think you Understand anything your talking about and Philipphine Guildlines.
You stated: I'm not sure about Manila and thats your Country. But, not a concern for me. (Well we all don't have a Sugar Daddy) I seen the Pic. But thats OK. But, try and help as I do, (I'm not always correct)
Manila. Your Country Young Lady will require 125% even though Not a concern for you.
Good Luck at the Interview and I'm sure you will get Approved.
Tim/MavMalePhilippines2011-06-15 07:17:00
K-1 Fiance(e) Visa Process & ProceduresHelp me please.....

I am going to file the petition for k1 visa. I have all the documents but i am scared to send the petition by my self. Do I need to hire attorney for file the petition. What should I do I am really worried. Please help me in this.


When I proposed to Mav (Via Internet :rofl: January 30th 2010) I never heard of a 129-F, never heard of a K-1 Visa. I studied the Internet for a year before I even became a Member her on VJ.
There are only generally only 2 reasons not to File the 129-F alone without the guildance of an Attourney.
1# . Red Flags such as Criminal History. 2# . It seems to Overwhelming and you need help.
An Attourney will charge about $ 1,200.00 to $1,500.00 to complete the 129-F alone. (And there are no guarantees)
So look at Options 1# and 2#. and read as much as you can on this site. Ask for Members help, thats why were all here.
Members can send you Links for your Petition and you can find them on VJ's Page for your 129-F.
Tim/MavMalePhilippines2011-06-18 02:58:00
K-1 Fiance(e) Visa Process & ProceduresI- I 29F petiton got denied. Should we submit appeal or file another K-1

Hi Guys,


I really need your help. My I- I 29F petiton got denied due to lack of evidence. I got an email from USCIS
saying"our Case Status:

Decision On May 17, 2011, we mailed you a denial decision notice for this case I129F PETITION FOR FIANCE(E). The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days of May 17, 2011, please call customer service at 1-800-375-5283 for further assistance. During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision."

We got the letter and the reason why it got declined was due to lack of information, it's frustrating because I called them before submitting my petition and I was told to submit just the I- I 29F form ( that's it, I asked them 3 times) Anyway, on the denial letter, it say's we have an option to appeal and to submit additional information like (proof we met, forms etc)and to $600 fee. Should I refile again instead of submitting an appeal? I heard filing an appeal would take longer. If it's possible to refile, what do I need to do with the initial petition? Do i need to cancel it and send a I- I 29F petiton form? Please advise. Would appreciate your feedback


Did they Cash your check? Not $600.00 but $340.00.
A Denial on a 129-F Petition? Not a RFE. More Evidence Required. Did they tell you what you left out of the Petition so you can address that?
Pay them again? Why? You can send Information that they need within a Timeframe. (Says so above in our own Post)
For an Action like this there was a terrible mistake on the Petition and the Counselor said: This is Incomplete and I'm not going to waste my time with it. So, I ask again... Did they Cash your Check for the Filing Fee ?
What was the specific reason for "Lack of Evidence". Do you need to Pay again? No, unless they never cashed your check. Do you need to refile a new 129-F. No, a Ammended Version to address their concerns. Do you need to act quickly: Yes
I'am a confused as others here because it does not state the reason(s) for Denial. (From your Post)
It's a start. And a long ways to go
Tim/MavMalePhilippines2011-05-24 07:44:00
K-1 Fiance(e) Visa Process & ProceduresNOA2 - and NVC

So I received my NOA2 hard copy about a week ago, and it says on the NOA2 that the petition was sent directly to the consulate, which in my case would be the Embassy in the Philippines. Everything I have read before said it will go to the NVC first, however when I called them today, they said they do not have it and it was sent directly to the consulate. Is this normal? And who do I contact to see if its at the embasy.


Your NOA2 is the same date as Ours. My guess is another week or week or so. Good Luck!
Tim/MavMalePhilippines2011-06-18 01:15:00
K-1 Fiance(e) Visa Process & Proceduresmeeting wit hLocal USCIS office
Darren, you have a big heart. She is Bueatiful. But, it's a patience game with USCIS. We all Share your feelings. When I proposed to Mav Via Internet after 3 years I never even heard of a 129-F before. I never heard of USCIS. Well, I know now. :bonk: Good luck and be Patient.
Tim/MavMalePhilippines2011-04-18 18:44:00
K-1 Fiance(e) Visa Process & Proceduresmeeting wit hLocal USCIS office

Hi all,


Friday I meet with local USCIS office. I was advised to meet with local office when calling in to followup on expedite request and why no answer. The expedite inquiry was sent with this letter:

Your request for expedited processing has been received. After careful review and consideration, it has been determined that the request does not meet the expedite guidelines established by U.S. Citizenship and Immigration Services. As such, the case will be adjudicated in date receipt order.

Again calling, was advised to meet with local office instead of placing another query into the CSC. Stated the forms are not adjudicated there for I-129F. Was told by call center to go into local office anyway.

wonder what is up??? anyone got any ideas? Just wondering what may happen on Friday.


I think I would have left it alone and waited like everyone else. Don't throw-up big Red Flags:

Reasoning; You met on'line only Months ago
You have pictures and documentation yes I see that. It is way to early to "beg" USCIS for an expedite based on Poverty. They will ask: Is she still breathing and OK. "Yes" Well she's fine then. It's good you send money and that comes from the heart and a good Bank Account.
The Philipphines are very well used to Poverty and is not a reason for expedite.
There were alot of good reasons posted for an Expedite by Members but, your list is common in the Philipphines. ( I know it's a different World there)

I wish you good luck though.!

I miss Mav's Chicken Adobo but not enough to "Push the System of things this Early" and call attention to Myself.

Let us know how your meeting goes. You have alot of us Courious Now! (Never seen it attempted this early)
Tim/MavMalePhilippines2011-04-14 16:04:00
K-1 Fiance(e) Visa Process & ProceduresK1 denial or refusal

Um, where is the negative imput? Who claimed to know the OP?

They asked what possible reasons for denial would be.


I disagreed with a Members Personal Conclusion of the Matter. I seen no help in that statement to the OP and I myself would find it Offensive. Thats my Truth Coconuts. No arguement intended.
Tim/MavMalePhilippines2011-06-18 12:35:00
K-1 Fiance(e) Visa Process & ProceduresK1 denial or refusal

Criminal history especially abuse or drugs.


This is exactly the NEGATIVE type of Input I mean. Do these people Really Know you. "NO".
Tim/MavMalePhilippines2011-06-18 12:24:00
K-1 Fiance(e) Visa Process & ProceduresK1 denial or refusal

what woould be the possible reasons for K1 denial/refusal?


You are worrying yourself to much. The RFE will explain it.
I know it can be Frustatrating not to know what it is. I really think you have nothing to worry about.
I THINK you may have missed something in the 129-F that they want is all.
Tim
Tim/MavMalePhilippines2011-06-18 08:19:00
K-1 Fiance(e) Visa Process & ProceduresWorthwhile to make InfoPass appointment for delayed K-1 Approval?

As many of you know, I have been told for the past few months that our case is still undergoing "background checks" and to check back in six months. Every time I manage to get through to someone to put in a service request for an update, we get the same response, and they start the time line over and say "six months". So at first it was six months from April...then from May...anyway we filed 8 and a half months ago and no NOA2 yet.

We are getting no where. My Congressman's aide has been in touch with VSC and they tell her the same thing - undergoing background checks, cannot be expedited, check back for the latest status in six months. We have no idea what the hold up is. I have explained in other threads, neither of us have a criminal background, and my fiance already has a valid tourist visa to the US that was issued in 2005 and is valid until 2015. So, clearly, he does not have any criminal past.

I called USCIS again yesterday, always with the hope of some bit of information. The woman yesterday suggested I could schedule an InfoPass appointment to get some more information since she can't see beyond what is on the computer.

Has anyone done this for this type of situation/delay? Will they be able to tell me what the hold up is if I go to an InfoPass appointment? I just want to know if the hold up is a false name hit or what, and how long it may take to resolve. We need to know if this is worth waiting out or not - because we will not wait if it really is another six months (and then who knows, six months beyond that).

Thoughts?


I'm sorry. I thought when I seen your Post it was good news. Not the case I see now. It is TRUE that a Operator for USCIS cannot see your entire File/Petition. I recommend the InfoPass Appointment.
A Criminal Background Check does not take 8 months and they want more Information before your NOA2 approval. In addition, want to add more time. That is Strange and not normal. If it was a Criminal Background Issue in the Original NOA1 they have the right to Interview/Fingerprint. This has never been said but yet, your time passes with No Approval and No such request from USCIS. Your best hope for now is to Make an Appointment for the InfoPass.
I seen One Post that recommended Just get married. I disagree for now due to the fact if the Hold-up is Criminal Background Checks it will not change anything. Moreover, Requiring the Cancellation if the Original 129-F will result in Paying the Fees allover again and a New Petition. And guess what. You are where you started 8 Months ago. MAKE A INFOPASS Appointment and see what happens. God Bless and Good Luck.
Tim/MavMalePhilippines2011-06-18 10:46:00
K-1 Fiance(e) Visa Process & ProceduresDenial at Interview

I am wondering if anyone can offer some advice about this, I have seen some posts about people applying for K-1 visas and being denied at the consulate due to convictions or admissions of prior drug use or drug problems. Most of the posts I have seen were before the 2010 change to the drug abuse/addiction from a 3 year deferral to a 1 year deferral. In my case, my fiancé is from Mexico and went to Juarez June 2011 and admitted to "recreational" use or marijuana because he did not research the strict rules on this and we got screwed. So therefore he was deferred a year for that. I am wondering how likely it is that he will be approved in a year. What steps he needs to take to prove "remission". What happens with our I-129F? Will we need to re-file? Can we get the time extended? Anything else we may need to know. I am completely devastated that we are losing a year of our life together over such stupidity and bad luck. If anyone can offer personal experience or any other knowledge I would SO appreciate it. PLEASE HELP!



The KEY WORD(s) in your First Sentence State: CONVICTION(s) and Admissions of Drug Use. If in fact a Conviction that is your is your reason for Denial.
Drugs are not considered "Recreational" by USCIS and a Conviction(s).
If it was a Conviction it would have to be included in the Petition so Strawberries and Ice Cream don't help.
I'm unaware how long ago this occured and if the Beneficiarary can prove treatment and completion. Key Word: Proven Treatment.
As far as Having to Re-submit a New Petition. Maybe so. After Fullfilling whatever is required: And a Posible Wavier included in your NEW Petition.
I feel this is the Case.
Good Luck.
Tim/MavMalePhilippines2011-06-21 13:53:00
K-1 Fiance(e) Visa Process & ProceduresNEED HELP I-134 Advice

Hello I have a question concerning the affidavit of support I-134 and I-864 for a K-1 Visa. I am from the USA and my fiancée is from the Philippines. I am recently divorced I have not had any income for the last 3 years so I have no income tax returns. However I will be receiving $20K per year for the next four years in alimony. I also own my own home and auto. I have $40k in the bank. Do you foresee any problems I could have with the affidavit of support? If so why?


Take this with a grain of salt and await other Members replies.
This is my thought and Not Gold.
I'm going to assume you female. (no timeline) So I'll give you my thoughts One by One to your questions;
No Income for the past 3 years pretty much means to me you were a housewife and No Tax Returns since it was recent and nothing is Filed with the IRS in your name only. I'll get back to that in this post.
$20,000.00 a year in Alimony. Keep proof and copies of payments and show continuing bank statements. WARNING: Alimony is like Child Support. If you don't receieve it, it is not countable. ( I'm owed thousands from my Ex-Wife but since I don't get a dime it is Not Countable )
Owning your Primary residense. Thats hard for me to answer: It could depend on the Value of the home and what the Morgage is, thus, Equity.
Automobile is Not Countable as an Asset. Unless you Own 2 then One Auto is allowed as an Asset.
$40,000.00 in the Bank is good and in your favor but for the Income Requirements with no job you will need about $58,000.00 for a family of 2 in the household.
So, in my thoughts: It comes down to this. Get a $9.00 an hour job x 40 hours x 52 weeks to supply with your Petition which is over the Poverty line for 2. The $ 40,000.00 can be used as leverage if part-time.
Getting back to No Income in the Last 3 Years: Your Ex surely wrote you off in taxes. The Key to ALSO showing proof you will receive Alimony is to show his Earnings from Tax transcripts/w2's and his Earning potential to keep the Alimony currant.
JUST MY THOUGHTS.
Tim/MavMalePhilippines2011-06-21 09:19:00
K-1 Fiance(e) Visa Process & ProceduresAttourney Talk ! I said WHAT ?

If you need a good attorney in Portland, OR, I have one. He has done a great job with my case. Message me if you want his name.


Thanks Mimimi but I been reading this site, Google, peoples experiences for awhile now and when I first started was very confused. AT FIRST. OMG... Now it is relatively simple. You qualify or you don't. I'm still going up hill in my thoughts. Visa in hand is the Goal. Which is our Goal for for K-1 Petitions. It's a Start..
Tim/MavMalePhilippines2011-06-23 16:27:00
K-1 Fiance(e) Visa Process & ProceduresAttourney Talk ! I said WHAT ?

I guess the point here is: Do it alone if you can. We think that having an Attorney is the best bet for success. But, sometimes is just more costly and the result would be the same.


Strike that: The Result would be the same........ Not true.. I made a mistake by typing to fast and went afar. Just my disapointments as alot of VJ Members feels sometimes. SO SORRY FOR THAT..
Tim/MavMalePhilippines2011-06-23 16:03:00
K-1 Fiance(e) Visa Process & ProceduresAttourney Talk ! I said WHAT ?

I used an immigration attorney and was very displeased with the whole process. The Attorney websites make it sound so intimidating to do it yourself. I wished I would have found this website before I had started. First, they took forever to help me as first, they wanted my check to clear which I sent promptly. It took like three weeks before I received the packet. Then they sent me all kinds of forms for the K1 visa. I later found them on the USCIS website that I can do online and print out .

The said to send to CSC which I later found out through the USCIS website (just after I sent it) that they were changing locations and my region was to send the packet to TSC (or visa versa as it was awhile ago and I am old). Therefore, I sent to the wrong location because of my lawyer. And to top it off, they told me that USCIS would probably just throw it away so they said to make another application (and another check) sending to the correct location.

What happened was that USCIS received my packet and resent it to the correct service center. After I received two notices (NOA1), I quickly alerted my attorney (of course both checks were cashed which I lost). I asked if we should cancle one right away and they said that it was not necessary as they would figure it out. Finally, just before we got interview in Rio, they decided to cancel one of them. I told our lawyer to dbl check tht everything was OK, they said I had nothing to worry about and that I was being paranoid. Unknowingly to us, our interview which we sent confirmation of going too, was canceled!! We found out like two hours past our interview time sitting at the consulate looking like total idiots. A total disaster which was finally resolved - no thanks to our lawyer.

I am sure that there are good lawyers out there that do help but you ultimately must still do all the paperwork yourself. I remember now that they said they would give us a good deal to adjust status :bonk:


I guess the point here is: Do it alone if you can. We think that having an Attorney is the best bet for success. But, sometimes is just more costly and the result would be the same.
Tim/MavMalePhilippines2011-06-23 15:48:00
K-1 Fiance(e) Visa Process & ProceduresAttourney Talk ! I said WHAT ?

I am puzzled as to why you used a lawyer. I have read many of your post and you sound very knowledgeable.


That was then. This is Now. LOL. I always laugh to myself. When I proposed to Mav. I never heard of USCIS, Whats a 129-F, Whats a K-1. OMG! :bonk: :rofl:
Tim/MavMalePhilippines2011-06-23 11:38:00
K-1 Fiance(e) Visa Process & ProceduresAttourney Talk ! I said WHAT ?

Some consulates do ask for an I-864 for a K visa, but they are a small minority. I haven't heard of the embassy in Manila doing this.

The only reason your attorney would want to see the police certificate is if she wanted to see for herself whether your fiancee was inadmissible for some crime, but an emailed or faxed copy would suffice. There's no reason to send the original halfway around the world and back.

Your attorney is not helping you. I suggest you either take over your case and finish it alone, or find another attorney.


It would be nice to finish it alone. The NOA2 is Approved. However, I signed a Contract with this Lawfirm and as I tell other Members it is binding and no guarantees. (Hence, no Refund but services rendered in the process are payable by the Petitioner and also, a signed agreement with an Attourney and Client is a Contract)
You cannot Fire Your Attourney and ask for a refund unless there are Unrefutable Circustances that affect the Law. So as, there is No legimate circumstance to act in this manner as far as the Attourney. You can Fire your Attourney but you are still bound by a Contract. So this I will not do and will work with her so the outcome of Mav getting here is positive. Have there been problems with my Attourney? Yes. Our Timeline "Indicates" a RFE.
When you get a RFE you generally have 30 Days to Respond. I got a call from my Attourney it was needed within "2" Days. (Well, how long was that sitting on her desk before she contacted me.) Additionally, It never showed on USCIS Updates so I knew nothing about it. They send almost everything to your Attourney and not you as the Petitioner. This is a fact when you hire an Attorney.
When you Hire an Attorney there is a hourly rate and/or a completion. (K-1 Approval) Still, No Guarantees of outcome.

Jim, Mav has No Criminal History at all. I'm the one with skeletons in the closet but minor.

I appreciate all the advice. Tim
Tim/MavMalePhilippines2011-06-23 11:35:00