ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresRFE... Confused
Yep, confused.

NOA1 = Petition receipt, this is sent out bu USCIS when they receive the petition, and before they even start working on the petition.

An RFE would happen between NOA1 and NOA2 (Approval)

Only thing that can happen BEFORE NOA1 is the case getting sent back due to forgetting to include fee payment.
YuAndDanMaleChina2008-11-10 15:00:00
K-1 Fiance(e) Visa Process & Proceduresmy friends idea
QUOTE (*Len* @ Nov 7 2008, 04:53 PM) <{POST_SNAPBACK}>
Fraud. Not cool. Here's a rose.gif hoping they get caught.

OK everyone, the OP is aware that NO-ONE will condone visa-fraud, and they will pass this on to their friend.
YuAndDanMaleChina2008-11-07 17:08:00
K-1 Fiance(e) Visa Process & Proceduresmy friends idea
QUOTE (lizbeth @ Nov 7 2008, 04:42 PM) <{POST_SNAPBACK}>
that's what i thought. so, she could bring him here, marry him, but then it would just be the spouse forms, which are pretty much the same? and does he have to leave when the visitor visa expires? (oh, and for those of you with quotes around friend, honest to god, this is my friend, not me. i just submitted my forms and wrote my first check. i know the process and i would much rather have my fiance legitimately here so he can get a job and all that than take any short cuts and risk his permanent banning. i'm way too much of a sissy to break these rules.)
Yep this one too is in the FAQ:

http://www.visajourn...I129f.html#3.15 3.15)...Can I, while my fiancee will apply for a I-129F package, be with her in the US ? So we can stay together while the application is being processed or do I have to go to back home again ?

This applies to spousal too, yes can enter the USA marry, and file I-130 while here, JUST needs to head home before period of allowed stay expires.
YuAndDanMaleChina2008-11-07 16:51:00
K-1 Fiance(e) Visa Process & Proceduresmy friends idea
There is NO way around the fees, AOS from a visitors visa requires several fees.

I-130 $355, I-485 $1010, I-693 (Fee set by doctor Usually $300 -$500 depending on vaccinations).

And again INTENT is strongly questioned.
YuAndDanMaleChina2008-11-07 16:21:00
K-1 Fiance(e) Visa Process & Proceduresmy friends idea
What is being proposed is "VISA FRAUD" Visitors visas are for VISITING, NOT IMMIGRATIONS.

Some have done this, but ALL have to deal with the resulting AOS interview, and strict questioning about the person's INTENT when they MISUSED the visitors visa to enter the USA.

Always play it safe, file for a proper K-1 visa, and enter the USA correctly, if the intent is to marry, and adjust status.

Edited by YuAndDan, 07 November 2008 - 04:18 PM.

YuAndDanMaleChina2008-11-07 16:17:00
K-1 Fiance(e) Visa Process & Proceduresis there a way to get your missing noa2 without it costing $340?
Only way is if NOA2 was Returned to USCIS as undeliverable, they may issue another because they have proof that first one was "Never Received" by petitioner, but this typically only applies to green-cards returned as undeliverable.

I always wonder why it is needed for AOS, you send a photo copy of K-1 visa which shows petitioner and beneficiary on it. AOS is based on the K-1.

Unfortunately I-485 instructions say:
QUOTE
15. 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, a copy of your marriage certificate, and your Form 1-94.

YuAndDanMaleChina2008-11-01 14:20:00
K-1 Fiance(e) Visa Process & ProceduresMilitary filling out K1
QUOTE (payxibka @ Oct 24 2008, 03:12 PM) <{POST_SNAPBACK}>
QUOTE (djturner @ Oct 24 2008, 02:10 PM) <{POST_SNAPBACK}>
I am helping a friend fill out his K1 Petition after having done one for myself in 1999 and another for a friend in 2007.

I was wondering if there is a different format if the Petitioner is in the US Military?

Also one concern of his is, what happens if he gets deployed while this process is taking place? Being that this could happen in 2009.

He is just getting ready to fill out the I-129F along with all other needed info.

thanks!
david


Form is the same...

If he is being deployed he can then try to request expedited service....
Correct, only other difference is the affidavit of support requirements are a bit lower for military, 100% instead of 125% povertyline.

Affidavit of support is needed at the time of visa interview, as well as when adjusting status.
YuAndDanMaleChina2008-10-24 14:17:00
K-1 Fiance(e) Visa Process & ProceduresFiancee holiday visit, need PoE advice
This is in the FAQ: There you will find good advice.

4.6)...Can my fiance(e) come to the US to visit me once the visa process is started?

http://www.visajourn...cation.html#4.6
YuAndDanMaleChina2008-11-06 18:05:00
K-1 Fiance(e) Visa Process & ProceduresHelp Needed
QUOTE (Old Dominion @ Nov 10 2008, 06:13 PM) <{POST_SNAPBACK}>
QUOTE (oduneja @ Nov 10 2008, 05:31 PM) <{POST_SNAPBACK}>
I am new to this site.....There some questions I`ll like to ask..
I am a Nigerian and I meet my fiance on internet...my question now is that is there a way I can appy for a fiance visa to get married in US and how do I go about this...
An urgent advice is needed as this is getting to long....

Assuming your fiance is a U.S. citizen or green card holder, he will need to start the process from the U.S. Others have already provided the links to the detailed information he needs.

Note: MUST BE US Citizen. Green-card holders CANNOT file an I-129F for fiancee visas, proof of US citizenship must be included with form I-129F
YuAndDanMaleChina2008-12-03 17:25:00
K-1 Fiance(e) Visa Process & ProceduresHelp Needed
You can first start by reading the guides and FAQ pages links are at the top of this page.

guides6ly.gif

http://www.visajourn...m/faq/k1faq.htm

http://www.visajourn...amp;page=guides

Welcome to VJ
YuAndDanMaleChina2008-11-10 17:35:00
K-1 Fiance(e) Visa Process & ProceduresGood Thailand Lawyer?
How about posting this in the regional forum? http://www.visajourn...hp?showforum=90
YuAndDanMaleChina2008-12-03 18:42:00
K-1 Fiance(e) Visa Process & ProceduresPlease i need your answer......
QUOTE (gemini0603 @ Dec 4 2008, 02:26 PM) <{POST_SNAPBACK}>
thanks for all your answers it gives me some ideas, my next question is what if she was given a k2 visa before she turns 21, i mean she comes with me in the US the year 2009, she will be 21 january 2010, granting we enter US December 2009. will they allow her to get her EAD? If they did allow her, then for sure she will be denied for the permanent greencard coz shes over 21 by the time of applying, will she be deported and what are the options for her to stay? thanks in advance for taking time to answer....
The K-2 expires 90 days after entry, if she ages out before green-card issuance she will be given 30 days to return home. EAD can only be applied for when filing for AOS.

Only option is if perhaps applies for a student visa and attends college, but this is not an immigrations visa, and would be required to return home after graduation, unless can secure employment with an employer willing to sponsor.
YuAndDanMaleChina2008-12-04 15:38:00
K-1 Fiance(e) Visa Process & ProceduresPlease i need your answer......
QUOTE (gemini0603 @ Dec 3 2008, 10:04 PM) <{POST_SNAPBACK}>
hi everyone,


im still on the process of my annulment and still dont know when will it be granted, i have a 20 year old daughter, and will be turning 21 january 2010..we will be filing our K1 visa after my annulment is granted may be any month of next year which is 2009...my daughter will be of course included in the petition, so what im worried now what if the visa is approved after she turns 21 can she still come with me? I mean even the petiton was filed before she turns 21 and will be approved after she turns 21? pls enlighten me your answer is much appreciated just much worry coz i dont want to leave her...
A K-2 wont be issued if child is over age 21. And even if K-2 is issued before age 21, AOS must be filed for before age 21 and approved before age 21 or will AGE-OUT, and be denied the green-card.
YuAndDanMaleChina2008-12-03 22:19:00
K-1 Fiance(e) Visa Process & Proceduresaffadavit of support
QUOTE (together-forever @ Dec 4 2008, 06:26 AM) <{POST_SNAPBACK}>
I need your help on the I-134! Does my fiancee have to make the income for a 4 people household matter of fact we gonna be living with his parents for the first couple months or just for a 2 people household for the two of us??? Thanks for any help!
Sponsor only counts people that are the fiancee's DEPENDENTS. If living with parents, the parents are NOT counted, the parents are NOT your fiancee's DEPENDENTS.
YuAndDanMaleChina2008-12-04 15:42:00
K-1 Fiance(e) Visa Process & Proceduresaffadavit of support
QUOTE (skeez&titanic @ Dec 4 2008, 06:46 AM) <{POST_SNAPBACK}>
QUOTE (Anh map @ Dec 3 2008, 09:13 PM) <{POST_SNAPBACK}>
You'll need to show income level of 31K or more (125% of poverty level for household of 5-you, 3 kids, & fiance) to satisfy the affidavit of support.

If your income isn't going to be at that level (inclusive of alimony/support) then you'll need that co-sponsor. See below.

http://www.uscis.gov...00045f3d6a1RCRD



Oh ok so I need to add him too. I make just over 31K. But that includes my child support and alimony. Can I use that. That technically is income to me. So with my job and child support and alimony I make about 32K. Is that enough. Or should I get my mom to co-sponsor me.
Wouldn't the alimony end after you marry?

I would use a co-sponsor.
YuAndDanMaleChina2008-12-04 15:40:00
K-1 Fiance(e) Visa Process & Proceduresaffadavit of support
QUOTE (skeez&titanic @ Dec 3 2008, 08:42 PM) <{POST_SNAPBACK}>
So if I dont need her for the AOS then I shouldn't need her the affidavit of support then right.
What I am saying you can use her as a Co-Sponsor for the visa, and LATER when adjusting status the CO-Sponsor is NOT obligated to be Joint sponsor when adjusting status.

Your financial situation will change between now and then. At the moment your recent IRS return is 2007, but by the time you get around to filing the AOS you should be able to use your 2008 return for the required I-864 for AOS.
YuAndDanMaleChina2008-12-03 21:55:00
K-1 Fiance(e) Visa Process & Proceduresaffadavit of support
QUOTE (skeez&titanic @ Dec 3 2008, 07:24 PM) <{POST_SNAPBACK}>
Okay that is a little bit understanding thank you very much. I know my mother is a little hesitate. But said use her as the last resort if she dont want to do it I can always ask my friend.
Keep in mind the I-134 used for supporting a NON-Immigrant K-visa is considered un-enforseable so any CO-sponsor for the visa need not worry about it.

LATER when adjusting status in the USA the CO-Sponsor NEED NOT be joint sponsor for AOS and the DO NOT need to provide I-864. When adjusting status you should be able to be the solo-sponsor and DO NOT need to use your your mother for sponsoring the green-card.
YuAndDanMaleChina2008-12-03 20:34:00
K-1 Fiance(e) Visa Process & Proceduresaffadavit of support
Here is what London has:
[quote]Affidavit of Support

Persons in the U.S. who wish to furnish sponsorship of a fiancee or Kii visa applicant in the form of an affidavit of support should use form I-134 which is available from the U.S. Citizenship and Immigration Services Sponsors may also elect to furnish a statement in the form of an affidavit sworn to before a notary public or other official competent to administer an oath, setting forth his or her willingness and financial ability to contribute to the applicant's support and reasons, in detail, for sponsoring the applicant.

The affidavit should include:
  • information regarding his or her annual income;

  • where material, information regarding his or her other resources;

  • obligations for the support of members of his is or her own family and other persons, if any;

  • other obligations and expenses;

  • plans and arrangements made for the applicant's reception and support;

  • an expression of willingness to deposit a bond, if necessary, with the USCIS to guarantee that the applicant will not become a public charge in the United States; and

  • an acknowledgment that the sponsor is aware of his or her responsibilities under the Social Security Act, as amended, and the Food Stamp Act, as amended, that the affidavit will be binding upon the sponsor for three years after entry of the named persons; and that the affidavit and supporting documentation may be made available to a public assistance agency. (The provisions of the above laws are contained in form DS-1858, Sponsor's Financial Responsibility Under the Social Security Act, and printed in Part III of the instructions for Form I-134).
The sponsor should include in the affidavit a statement concerning his or her status in the U.S. If the sponsor is an American citizen the affidavit should include a statement about how U.S. citizenship was acquired. If naturalized, the affidavit should indicate the date of naturalization, the name and location of the court, and the number of the sponsor's certificate of naturalization. If the sponsor is an alien who has been lawfully admitted into the U.S. for permanent residence, he or she should state in the affidavit the date and place of admission for permanent residence and the alien registration number which appears on his or her Alien Resignation Receipt Card.

To substantiate the information regarding income and resources the sponsor should attached two or more of the following items to the affidavit.
  • notarized copies of his or her latest federal income tax return; (NOTE: they do not need to be notarized, and can use IRS transcripts instead)

  • a statement from his or her employer showing salary and the length and permanency of employment;

  • a statement from an officer of a bank regarding his or her account, the date the account was opened and the present balance;

  • any other evidence adequate to establish financial ability to carry out his or her undertaking toward the applicant for what might be an indefinite period of time.
If the sponsor is well established in business he or she may submit a rating from an recognized business rating organization in lieu of the foregoing. If the sponsor is married, the affidavit should be signed jointly by both husband and wife. Affidavits of support should be signed jointly by both husband and wife. Affidavits of support should be of recent date when presented to the consular officer. They are unacceptable if more than one year has elapsed from the date of execution. The affidavit of support should be given to the applicant to present on the day of his or her visa interview. If you do not wish for the person to see this affidavit, you may send it directly to the Embassy with a covering letter giving the applicant's full name, date and place of birth and case number.[/list] http://london.usemba...faffidavit.html

To keep it simple you may want to use a co-sponsor for the K-Visa, and later when adjusting status you yourself be the Primary and solo sponsor, you do not need to use the co-sponsor for AOS. Also more than likely you will be adjusting status after you file your 2008 return and should be able to use the 2008 return for the AOS affidavit of support.
YuAndDanMaleChina2008-12-03 18:41:00
K-1 Fiance(e) Visa Process & ProceduresThis is what im talkin about...
QUOTE (reeses16 @ Dec 3 2008, 08:39 PM) <{POST_SNAPBACK}>
Hey, just wanted to offer you some support. Read your other thread. I didn't think people were really harping on you just pointing out that pros and cons. Make sure you read the guides and post if you have any questions. Which form were you having difficulty with, I-134 or I-864? Both of these should be filled out later after your 129F is approved; before her visa interview, and when applying for her green card, respectively. Just thought I'd mention it in case you were getting ahead of yourself.

I-134 is for NON-Immigrant K-Visas and used at visa interview.

I-864 is for Immigrants and for sponsoring immigrant visas like CR-1 IR-1, and for adjusting status from NON-Immigrant to immigrant in the USA. I-864 is the Green-Card affidavit of support.
YuAndDanMaleChina2008-12-03 21:40:00
K-1 Fiance(e) Visa Process & ProceduresThis is what im talkin about...
QUOTE (pushbrk @ Dec 3 2008, 08:39 PM) <{POST_SNAPBACK}>
QUOTE (rockhouse @ Dec 3 2008, 05:33 PM) <{POST_SNAPBACK}>
Nevermind, i got it....just a retarded goverment document the way it's layed-out.


Please start by studying the guides and example forms. The tools are here for you but only if you use them. The affidavit of support isn't needed until after your petition is approved. You send it to your fiance(e) to carry to the interview.

There's a reason you see these all over the place here.

guides6ly.gif
Exactly, I-134 is NOT needed at the time you file the I-129F for a K-1 visa, it is required at the time of visa interview months after filing the I-129F.

The Guides and example forms spell out the required forms and how to fill them out for initial filing of the I-129F.
YuAndDanMaleChina2008-12-03 20:54:00
K-1 Fiance(e) Visa Process & ProceduresLine 11, Form I-134
We simply followed the example form.

#11 does not apply in this case, I-134 is used with other non-immigrant visas where the sponsor can specify this.

don't check either and note "N/A ( K1 visa process for permanent residence )"

http://www.visajourn.../Form-I-134.pdf
YuAndDanMaleChina2008-12-05 12:27:00
K-1 Fiance(e) Visa Process & ProceduresK-1 second peition waiver
Probably wont be a problem, this is your 2nd filing not 3rd.
YuAndDanMaleChina2008-12-05 12:03:00
K-1 Fiance(e) Visa Process & ProceduresVaccination record
Vaccinations are OPTIONAL for K-1 visas.

The record will be needed later after marriage in the USA when you file to adjust status, and yes the US Civil Surgeon doing the I-693 needed to adjust will accept that record.
YuAndDanMaleChina2008-12-05 15:12:00
K-1 Fiance(e) Visa Process & ProceduresReturing to US
The green-card has been abandoned and is no longer valid. However you can still visit USA on VWP using UK passport.
YuAndDanMaleChina2008-12-05 19:44:00
K-1 Fiance(e) Visa Process & ProceduresI797
USCIS assumes you dont know about NVC and simply indicate that the case is approved and sent on to consulate, they neglect to say "Through" NVC.

This is a frequent topic, many posts about the NOA2 letter saying that, the answer is always the same, it has to go through NVC to get assigned a DOS Case Number.
YuAndDanMaleChina2008-12-05 21:38:00
K-1 Fiance(e) Visa Process & ProceduresKI AOS Question
Employer letter, and copies of recent pay stubs will indicate current and future income, USCIS is concerned with your current and future income.
YuAndDanMaleChina2008-12-06 18:27:00
K-1 Fiance(e) Visa Process & ProceduresEMERGENCY QUESTION!
If you have time, you can simply redo the DS-156 on line, the barcode on page 3 contains all data entered into the form.

NOTE: The website does not store any data, it simply uses the information entered to generate the barcode.
YuAndDanMaleChina2008-12-07 13:36:00
K-1 Fiance(e) Visa Process & ProceduresLeafil Alforque
That's tragic! sad.gif

http://www.kgw.com/n...y.2e2db193.html
YuAndDanMaleChina2008-12-05 11:56:00
K-1 Fiance(e) Visa Process & Procedureshypothetical questions and the I-134 affidavit of support!
QUOTE (JonasMichaels @ Dec 5 2008, 10:41 AM) <{POST_SNAPBACK}>
Thanks, I appreciate the post ...2 more questions.

1. I am not a math whiz, what would 125% of the povertyline be?

2. How would the above list change (or would it?) if you were getting 1099's instead of W2's. (which I am).

Thanks very much
Jonas
1) http://www.uscis.gov...00045f3d6a1RCRD

2) No different, W2 and 1099 are different ways employers report income, 1099 tends to go to contractors, W2 to traditional employees. The number on line 22 of form 1040 is what they are interested in, the (W2 AND/OR 1099) is used to prove the numbers on 1040. A simple IRS transcript will do in place of (1040/W2/1099)
YuAndDanMaleChina2008-12-05 10:59:00
K-1 Fiance(e) Visa Process & Procedureshypothetical questions and the I-134 affidavit of support!
The directions included with I-134 are very old, USCIS has no reason to update them since USCIS has no application for that form.

The consulates tend to treat the I-134 like a mini-I-864 as so prefer the same financial evidence as the I-864.

In our case this what the I-134 included.
  • I-134 signed and notarized.
  • SIMPLE Tax transcripts from the IRS for past 3 years, (Redundant for the (1040,W2,1099) but are free from the IRS http://www.irs.gov/faqs/faq1-6.html
  • Photo copy of IRS form 1040, and W2s for past 3 years (Not necessary if you provide the transcripts)
  • Letter from my employer stating annual salary, job responsibility, and that is full time, on company letterhead.
  • Photo copies of past month or so of pay stubs up to a few weeks before the interview.
My income was well above the povertyline so I did not include any asset data (LIKE BANK STATEMENTS or property values).

If your income exceeds 125% of the povertyline when counting yourself, prospective immigrant and any dependents, then don't bother with assets (401K, Bank balance, Stocks etc..), it is just extra un-needed data to provide, the consular officer is most concerned with INCOME.
YuAndDanMaleChina2008-12-05 10:37:00
K-1 Fiance(e) Visa Process & ProceduresI134
1) Should still be able to get simple transcripts, they will show the essential numbers from the returns.

2) Just the I-134. Is the US citizen in Mexico? I-134 is brought to a notary by the person filling it out, most of the time it is done in the states.

3) The I-134 tends to be good for up to a year, however the consulate can always request one that is newer.

4) IF you are using a Co-Sponsor, then don't bother with any asset information like bank statements, your income could essentially be ZERO, if using a co-sponsor.
YuAndDanMaleChina2008-12-08 14:11:00
K-1 Fiance(e) Visa Process & Procedures2 years together???
You misunderstood the lawyer.

A condition for filing I-129F for a fiancee visa is that you must have MEET in person at least one time in the past 2 years, NOT having been together for TWO years.

In my case our first meeting was for 1 week about 9 months before visa interview.

Edited by YuAndDan, 08 December 2008 - 03:38 PM.

YuAndDanMaleChina2008-12-08 15:37:00
K-1 Fiance(e) Visa Process & Procedureswhat is best?
This is the topic of many, many posts, do a little research.

It has to do with your priorities.

If it is speed and damn the costs then K-1

If ability to take a job and keep the job after entry, then CR-1 is the way to go.

If costs are a concern then again CR-1 is the way to go.

Start here: http://www.visajourn...mp;page=compare
YuAndDanMaleChina2008-12-08 17:29:00
K-1 Fiance(e) Visa Process & ProceduresMARRIAGE WHILE UNEMPLOYED
If you are en-employed and income falls below 125% poverty line, then get a co-sponsor.
YuAndDanMaleChina2008-12-09 16:14:00
K-1 Fiance(e) Visa Process & Proceduresso what, exactly, does an NOA2 mean?
All it means it that USCIS had no problem with the petition as it was presented to them and they approved it for a visa interview at the consulate.
YuAndDanMaleChina2008-12-08 15:30:00
K-1 Fiance(e) Visa Process & ProceduresU.S Citizen / Pakistani Fiance
Yes, you will need a K-1 to enter the USA , then Marry and adjust status.

Yes you can file the I-129F while over there, you just send it to the center having jurisdiction over your US Domicile/Residence.

There is a reason for VJ timelines: http://www.visajourn...t...an&dfile=No

Compare timelines, K-1 tends to be quickest, unless you are resident in foreign country for 6 months or longer at time of filing, then filing for a spousal visa through the consulate may be quicker.
YuAndDanMaleChina2008-10-05 14:01:00
K-1 Fiance(e) Visa Process & ProceduresHow to Cancel Petition I129-F
QUOTE (pamirigirl @ Dec 10 2008, 03:16 PM) <{POST_SNAPBACK}>
QUOTE (payxibka @ Dec 10 2008, 03:11 PM) <{POST_SNAPBACK}>
send a withdrawal letter briefly describing the reasons to the service center where the petition is at currently



Will this affect his future visa applications?

No, no0pb.gif
YuAndDanMaleChina2008-12-10 15:17:00
K-1 Fiance(e) Visa Process & ProceduresHow to Cancel Petition I129-F
Call USCIS and ask.

Then compose a letter requesting it withdrawn, note petition number on it and send it to the service center handling the I-129F, either Vermont of California.
YuAndDanMaleChina2008-12-10 15:10:00
K-1 Fiance(e) Visa Process & ProceduresFinances
QUOTE (oliviawyatt @ Dec 10 2008, 03:47 PM) <{POST_SNAPBACK}>
I am really confused now...My fiance is in USA and filling in these forms, i thought this had to be submitted with the petion?
no0pb.gif NO.

They are required at time of visa interview, if it is sent to USCIS with I-129F, USCIS will discard it, it is NOT in form I-129F directions.

I-134 is specified by the embassy NOT USCIS.

http://london.usemba...faffidavit.html

http://london.usemba.../iv/ds2001.html
YuAndDanMaleChina2008-12-10 15:56:00
K-1 Fiance(e) Visa Process & ProceduresFinances
QUOTE (oliviawyatt @ Dec 10 2008, 03:39 PM) <{POST_SNAPBACK}>
125% over the poverty line....How do i find out what that would be?
Does anyone know?

Many Thanks
Olivia wacko.gif
http://www.uscis.gov...form/I-864P.pdf
YuAndDanMaleChina2008-12-10 15:43:00