ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresPassport Photo Specifications
If you can cut them down to 2x2 and still meet the composition guidelines, do that.

If cutting them down to 2x2 would cause part of the face to be cut out, then regardless of the size of the paper, they probably don't meet the published Composition Guidelines, and the only safe thing to do is to redo them. Perhaps you could get away with pictures that are a small bit outside of the guidelines, but nobody here can guarantee you won't get an RFE for nonconforming pictures.
lucyrichNot TellingVenezuela2007-01-08 17:36:00
K-1 Fiance(e) Visa Process & ProceduresAverage number of Touches before NOA2
Of course there's an average. It's the total divided by the number of samples, as anyone who took stats 101 could tell you.

Whether anyone has actually calculated the average over a statistically significant sample size is another question -- I don't know the answer.

I'd argue there's little or no meaningful information that the average would tell you about your particular case, though. There's not only a lot of variation in the total number of touches, there's also variation in the elapsed time between the touch(es) and the approval.

I think the officially posted processing dates are quite a bit more useful than counting number of touches, lame as those officially posted processing dates are.

Put us down as another example of an approval with no touches.
lucyrichNot TellingVenezuela2007-02-16 18:57:00
K-1 Fiance(e) Visa Process & ProceduresBirth Certififcate transalatio question
The rules usually quoted about official documents needing an English translation apply to documents you submit to the USCIS as part of the petition. Employees at the USCIS service centers are located in the USA and handle petitions for immigrants from every country in the world, so they can't be expected to be fluent in all languages, hence the requirement to translate into English.

For the interview, the consulate will have its own rules. They vary widely around the world, but in almost every case, they're different from the USCIS rules.

The employees located at the consulate are normally fluent in the local language, so usually, most consulates will accept without translation any document in English or in the official language of the country where the consulate is located. But check with the consulate's rules to be sure.

Where translations ARE required (say, the b.c. was in a third language, neither English nor the official language of the consulate country), the rules for doing and certifying translations are almost always different from the USCIS rules, and they usually have more strict certification procedures which must be followed. But again, check with your local consulate for their rules.
lucyrichNot TellingVenezuela2007-03-05 17:56:00
K-1 Fiance(e) Visa Process & ProceduresIs it okay for me to go there?
There's no restriction on the USC's travel, and it's fine to visit her in her country. Take plenty of pictures together, save your boarding passes and passport stamps, and enjoy the time together. Save the evidence of the joint travel for presentation at the interview, though it's unlikely to be needed.

Don't delay the I-129F filing for this, unless you're afraid you don't already have good solid evidence of an in-person meeting within the past two years. If that's the case, you could document this trip and use it to meet the I-129F requirement. But if you've already got a well-documented in person meeting, then file now, and travel while the petition is in the queue.
lucyrichNot TellingVenezuela2007-03-06 15:09:00
K-1 Fiance(e) Visa Process & ProceduresAt what point should I worry?
The time to check with them to see what happened is when they claim their "currently processing" date is 30 days after the date you filed. That's when you're officially overdue. They may speed up and/or slow down quite a bit, so it's hard to say exactly when that event will happen. Probably never, because you'll probably have NOA2 or an RFE before that time.

If you try and check with them before that event, they'll just tell you what the current processing dates are, and you can get that info from the "Processing Times" link at the top of every VJ page.

Yes, it's frustrating, and I know it's impossible to relax, but try to relax, anyway.

Oh, and don't get hung up on whether or not your case has been "touched". It happens to some and not to others, with no apparent rhyme or reason.
lucyrichNot TellingVenezuela2007-03-06 15:50:00
K-1 Fiance(e) Visa Process & ProceduresWhat is a non immigrant fiancee????
There's not a visa option set up explicitly for your situation. But there are two basic ways you could do it.

You could enter as a visitor, using the visa waiver program (or a tourist visa). Then you could marry, and leave the US before your visiting time expired. There's nothing at all illegal or wrong with that. However, there's a possible hitch. You won't be allowed entry into the US if the inspecting officer believes you're going to marry and stay. And you have the burden of proving your intent, so if things are uncertain, you can be turned away. My guess is that, if they find out you're intending to get married, they'll assume you'll want to stay, and they'll turn you away unless you have the appropriate visa.

You could get a K-1 visa, enter using it, marry, and then leave, abandoning your status. There's also nothing at all illegal or wrong about that. And it has the advantage that your entry into the US is much more certain. The obvious disadvantage is the time required to get that K-1 visa.

It's tempting to say enter as a visitor and don't let the officer find out you're getting married. But that's not such a good idea, because it runs very close to encouraging you to either lie to the officer or to conceal a material fact from the officer. If you do either of those two things, you're in very serious trouble, and you get a lifetime ban from ever entering the US. There is no waiver available from such a ban, under any circumstances. The officer will ask the purpose of your visit. If you conceal the real purpose of your visit when you respond to that question, you will be subjecting yourself to that lifetime ban.

The safest, most conservative thing to do is get the K-1 visa. The other approach is probably workable, though you run some risk of being turned away at the port of entry.
lucyrichNot TellingVenezuela2007-03-21 16:39:00
K-1 Fiance(e) Visa Process & ProceduresPolyamory and K-1 visas
I'm not going to touch the other aspects of this, but regarding taxes:

A spouse is NEVER considered a dependent for tax purposes. If she's being claimed as a dependent on her boyfriend's tax returns, that's evidence that they are NOT considering themselves married for tax purposes.

See IRS Publication 501, page 9, column 1, near the bottom, where it says "Your spouse is never considered your dependent".

Spouses file as married (either married filing jointly or married filing separately), instead of claiming each other as dependents. If they file jointly, they are generally each allowed their own personal exemption, thus their joint return would have both personal exemptions. But neither of those exemptions would be for a dependent.
lucyrichNot TellingVenezuela2007-03-26 17:57:00
K-1 Fiance(e) Visa Process & ProceduresPassport photos for the I-129F

now you'll have to excuse my ignorance here but, what exactly does RFE stand for? and if you get an RFE, is that horribly detrimental to your case? and what sort of delay is an RFE likely to impose on an application?


RFE = Request for Evidence (or maybe Request for Further Evidence, I'm not sure). Anyway, it's when they need more information in order to approve or make a decision about your case, so they send you a formal request. The request will tell you what kind of information they want to see. In the hypothetical circumstances we're discussing, it would probably just say something to the effect of "we need photographs of both the petitioner and beneficiary, of the proper US passport size".

If you get an RFE, it will slow your case down somewhat. If you reply to the RFE promptly, giving them exactly what they request, the delay may be short, a couple of weeks or less. Most of the delay would be in the mailing both directions.

But as others have suggested, it seems like an RFE isn't terribly likely for this issue. Do your best to sleep well and not worry about it.
lucyrichNot TellingVenezuela2007-04-09 15:40:00
K-1 Fiance(e) Visa Process & ProceduresPassport photos for the I-129F
I think a few people have reported no problems despite having the wrong sized photos with an initial petition, but nobody here can guarantee you won't get an overzealous inspector who wants your photos to meet every letter of the specifications.

The only thing you can do now is get the proper sized photos and have them ready in case you do get an RFE for them. But be aware that they may not be needed.

There's no good way to send them corrected photos (or any other info) before they request it via an RFE. If you try sending them some unsolicited information now, it's unlikely to make it to your case file, and there's even a chance it could delay things if they do try and pull your case file.
lucyrichNot TellingVenezuela2007-04-09 14:56:00
K-1 Fiance(e) Visa Process & ProceduresCuban Beneficiary exempt from meeting w/in 2 years?
A USC or LPR can't legally go to Cuba, even via an intermediate country, unless the USC has a license to do so.

I've read a bunch of records of decisions regarding denied I-129fs and most of them are K-1 people who think they should be granted an exception to the "met in person within the previous two years" requirement. The USCIS denies many of those requests.

Cultural grounds presumably wouldn't apply here.

Extreme hardship might apply. But there's a pretty high bar for that. You've got to show that no in-person meeting could happen anywhere in the world. Even if the USC can't travel to Cuba, and the Cuban can't travel to the US, you'd have to show that the two couldn't arrange a meeting in a third country. Venezuela comes to mind as a country that's relatively easy for both Cubans and US Citizens to reach.

At the very least, you'd have to show that you tried and were turned down. The USC should apply for a license to visit Cuba. The Cuban should apply for whatever paperwork is necessary to leave the island and go to a third country. The hardship waiver isn't likely to be approved unless you show you've really explored all the possibilities to arrange an in-person meeting. And for what it's worth, financial barriers won't carry much weight.
lucyrichNot TellingVenezuela2007-04-19 16:22:00
K-1 Fiance(e) Visa Process & ProceduresImmigrant vs Nonimmgrant Visa
Why is the K-3 visa considered a fianceé visa when you must demonstrate that you're already married in order to receive one? So an immigrating spouse is supposed to get a non-immigrant fianceé visa? Who thought THAT was a good idea?

There are historical and bureaucratic reasons that probably almost seemed reasonable at the time.
lucyrichNot TellingVenezuela2007-05-17 12:49:00
K-1 Fiance(e) Visa Process & Proceduresfor how long sponser have to support the filer?

A point of clarification here - the determination of how many quarters an alien is credited with is made when a benefit is applied for. If the alien has accumulated 40 quarters in, say, 6 years of marrige by including the spouse's quarters, and no determination has been made during the marriage, then there's a divorce and the alien applies for benefits, the alien will no longer have the spouse's quarters credited to them. The USC has not gotten off the hook.


Are you sure about that? That's not what I get from reading the I-864 nor from INA 213(A).

From the I-864:


When Will These Obligations End?
Your obligations under a Form I-864 will end if the person who becomes a permanent resident based on a Form I-864 that you signed:
...
* Has worked, or can be credited with, 40 quarters of coverage under the Social Security Act;
...


That sounds like, once this event has happened, a divorce and subsequent un-crediting of quarters can't retroactively reinstate the I-864.

And the language in the I-864 seems to be a good paraphrase of the actual statuatory language in INA 213A(3)(A)


In general.-An affidavit of support is not enforceable after such time as the alien (i) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act or can be credited with such qualifying quarters as provided under subparagraph (B)

Again, it sounds from this language like, as soon the quarters are credited, that triggers an event where the affidavit terminates, and it's no longer enforceable, and can't retroactively be reinstated based on quarters being un-credited.

At least, that's what I hope my lawyer would argue if I were a sponsor in such a situation. I understand that there's not a huge body of case law on the affidavit of support enforceability (though it has held up in court in some circumstances).
lucyrichNot TellingVenezuela2007-06-29 16:12:00
K-1 Fiance(e) Visa Process & Proceduresfor how long sponser have to support the filer?

William,

Point of clarification: could be less than 10 years, could be more than ten years. There are 6 ways to get off the hook - 40 quarters of qualifying employment is one of them, the passage of 10 years time is not.

Yodrak

However, if you sponsor for Adjustment of Status (AOS), as is customary, you are on the hook for 40 quarters or 10 years.

.....


Yodrak's right, of course. And I'll point out that ten calendar years has very little correlation to 40 quarters of employment for social security purposes. If the alien is married and both spouses are working, then the alien will be credited with two quarters of work for each calendar quarter, so at this pace, the alien could be credited with 40 quarters in five years. If only one spouse is working, or if the alien is working but not married, then the alien would earn one quarter of work credit each calendar quarter. If the alien is divorced and unemployed, or married and both spouses are unemployed, then no credits of work will be earned. If this condition continued, the affidavit of support would remain in effect until one of the other terminating conditions happened.

My guess is many aliens will spend a lot of time in a marriage with both spouses working, and will take not too much more than five years to earn 40 quarters of work credits. But most sponsors or co-sponsors aren't worried about this "good" case; they're worried about what could happen if there's a divorce and unemployement.

Read the I-864 before signing it. It has no expiration date. Death is the only terminating condition that's inevitable, so it's not much of a stretch to call it a potential lifetime commitment.
lucyrichNot TellingVenezuela2007-06-29 13:36:00
K-1 Fiance(e) Visa Process & Proceduresnon-english speakers
For the original petition submission to the USCIS, everything not in English needs to be accompanied by an English translation.

If she can read and understand an English statement of intent well enough to be comfortable signing it, that's probably the easiest thing to do. And a letter of intent does not need to be very long or use very complicated language.

Once you finish the USCIS petition and go into the consulate, different translation rules apply. I'm not 100% sure about Nicaragua, but in most of Latin America, the consular officers are fluent in Spanish and will happily conduct the interview in Spanish. At the consulate, they will probably not require English translations of any Spanish documents you submit to them.

There IS a possible issue regarding the bona fide nature of your relationship. How do you two communicate? Do you have evidence, or can you demonstrate, that you're able to communicate well enough to carry on a relationship? Perfect fluency isn't required, of course, since an understanding listener can compensate for a less than perfectly competent speaker (I say that through personal experience).

Although attendance of the USC at the consular interview is NOT strictly required, it may be helpful. If the two of you attend the interview together and demonstrate an ability to communicate, it will go a long way toward eliminating any concern in this area.

Then again, the issue might not come up...
lucyrichNot TellingVenezuela2007-07-11 19:01:00
K-1 Fiance(e) Visa Process & ProceduresMArriage location and honeymoon

ok. So I've sent in the form, gotten a NOA (Notice of Action) and now we're just trying to plan the honeymoon. I was wondering if anyone knew if, after getting married in the US, we would be able to travel out of the country for the honeymoon? Thanks!!!


You can freely leave the US at any time, but you'll have no way to re-enter. Your K-1 is no good after you're married, and it's a single entry visa anyway. You've clearly established immigrant intent, so the visa waiver or any other program for visiting won't work.

If you file for, and receive advance parole before you leave the US, then that will provide you a way back in. If you file for and are granted adjustment of status, then that will provide you a way back in. Either of these options will take time; typically more time than you want to spend between wedding and honeymoon.

Or you could do as some have done, leave the US immediately after the wedding and start all over from square one as a married couple, filing for a K-3 and/or CR-1 to use for re-entering the US. This will take time, of course, but it allows leaving the US immediately. Most of the couples I've seen take this route did it accidentally. "We didn't realize that we weren't supposed to leave the US, not even for a quick walk across the bridge at Niagra Falls".

Most would recommend staying inside the US at least until advance parole is granted. Save the international trip for an anniversary.
lucyrichNot TellingVenezuela2007-07-18 14:43:00
K-1 Fiance(e) Visa Process & ProceduresMY FIANCE HAS NO ADDRESS
I don't have experience with the Ecuadorian postal system, but it can't be worse than the Venzuelan one. Lucy never received anything at her Venezuelan address, nor did she need to. There's no mail delivery to her neighborhood.

The only point in the process where the beneficiary would customarily receive mail is after the case reaches the consulate. The various consulates have their own local procedures, depending on the local conditions and local postal service. The Caracas embassy lets you do everything by e-mail, because they know that the local postal system couldn't possibly work. It looks like the Guayaquil embassy requires that paperwork be mailed from the embassy to the beneficiary, but regardless of what address is listed on the G325a, they'll mail the paperwork to whomever is listed as the agent of choice in the form that you send to the NVC.

You can list your own US address on the choice of agent form, and they'll mail the paperwork to you in the US. Then you can forward the package by DHL, FedEx, or other air courier service. You can ask the courier service to hold the package at their office so your fiancee can pick it up there.

Or, you can list a PO box or other workable Ecuadorian address on the choice of agent form that gets sent to the NVC.
lucyrichNot TellingVenezuela2007-07-27 14:45:00
K-1 Fiance(e) Visa Process & ProceduresProxy Marriage
Are you saying you've NEVER met in person? Or at least not met in the past two years? Do you fulfill the K-1 requirement of having met in person within the two years before you file the petition?

I think a waiver of the "meeting in person within the past two years" requirement would be hard to attain for a couple that was already legally married by proxy, since I can't think of a religion or cultural tradition that forbids spouses from meeting each other in person after they've gone through a marriage ceremony. A waiver might be granted based on the "extreme hardship" clause, but those aren't granted unless it's really demonstrated that the hardship is genuinely extreme. You'd have to show it's impossible to meet in both his country, her country, and any third country.

You've eventually got the correct answer that a K-3 isn't available to you until after the marriage is consummated. The K-1 is available, assuming you meet the requirements.

If you've met in person within the past two years, you could go ahead and file for a K-1. If you go the K-1 route, remember that as soon as you consummate the marriage, you're legally married in the eyes of the USCIS, and he's ineligible to enter on the K-1, so you'd have to start over via the K-3 route. So stay away from each other until after he enters the US.

From an immigration standpoint, the easiest thing is probably to plan a honeymoon somewhere, save your travel documents, and file for a K-3.
lucyrichNot TellingVenezuela2008-01-18 19:35:00
K-1 Fiance(e) Visa Process & ProceduresCopies, black and white, color, enlarged? Confusion!
Because it was most convenient for us, we made all our copies at home, using the computer scanner/inkjet printer. We made them all in color, neither enlarged nor reduced.

I haven't read any hard and fast rules on this point. I'm sure plenty of other folks have used black and white Xerox machines to make their copies.

I suspect that, as long as things are clear, legible and unaltered, you'll be OK. If you send photocopies of anything important, they won't completely trust them anyway -- they'll want to examine the originals at the interview.
lucyrichNot TellingVenezuela2008-09-09 22:12:00
K-1 Fiance(e) Visa Process & ProceduresFinancial Support After Diviorce
QUOTE (YuAndDan @ Oct 21 2008, 10:24 AM) <{POST_SNAPBACK}>
For the initial K-Visas you provide an affidavit of support I-134 that is brought to consulate when being interviewed for the visa, this doc indicates that you will provide support while they are in the USA as NON-Immigrants.

When you marry and then file to adjust status from NON-Immigrant to IMMIGRANT, US Citizen/ Spouse MUST sponsor the green-card by providing an I-864 Affidavit of support, this one is the BINDING one that has only 5 ways out of it.
  • Immigrant dies.
  • Sponsor dies.
  • Immigrant naturalizes and becomes a citizen.
  • Immigrant leaves the USA and gives up LPR status.
  • Immigrant works and is credited with 40 quarters of work (10 years) HOWEVER, if the immigrant does not work and instead goes on welfare, you are STUCK repaying the government whatever means tested benefits until one of the above 4 conditions happens, NOT 10 years, this can be a lifetime commitment.
A pre-nup wont protect you, this is a contract between you and the government.


YuAndDan has the right info. But note that, while married, the immigrant is credited with quarters of work done by both spouses. So if both spouses are working, it would take 5 years to earn 40 quarters of work for social security purposes and terminate the I-864. If one spouse is working, it would take ten years. And yes, the nightmare scenario is divorce followed by the immigrant not working (becoming disabled or just lazy), so that there's no fixed time for the I-864 to terminate.

Some articles, including court cases, are here:

http://www.ilw.com/a...10-wheeler.shtm

http://www.ilw.com/a...0608-mehta.shtm


It's interesting that most people concentrate on the fact that the affidavit of support requires the sponsor to reimburse the immigrant for means tested benefits which the immigrant receives. And that's true, but I've never heard of an actual case where a sponsor ended up paying anything under this provision of the affidavit of support (mostly because most immigrants aren't eligible for many means tested benefits in the first place). The only actual enforcements I've heard of so far are where the sponsor has to pay the beneficiary directly to provide support at 125% of the poverty guidelines, as described in the above links. Even this kind of case is rare. But there's no way to know in advance what will happen in your particular case, so you'd be well advised to read those articles, perhaps discuss matters with your attorney, and understand what you're signing up for when you sign the I-864.
lucyrichNot TellingVenezuela2008-10-21 13:12:00
K-1 Fiance(e) Visa Process & ProceduresThe requirement of seeing eachother hasn't happened yet!!
Just to reinforce what has already been said, you can look at the cases of people who have gone before you.

Go to www.uscis.gov, click on the "Laws and Regulations" link at the top. Then click on the "administrative decisions" link on the left.

From there, click on the "administrative decisions" link near the bottom of the page, and search for "D6 - Fiancees and Fiances of U.S. Citizen (K-1)".

Now you can look at the administrative decisions issued in any year you like. It shows cases that were denied and appealed, and what decision was made and why.

You'll note that somewhere around 1/3 of the K-1 cases that reach this stage do so because the petitioner and beneficiary didn't provide proof of meeting in person during the required time frame. Every one of these cases that I've seen was denied (I haven't looked at them all, though, so maybe there's an exception somewhere). Failure to provide proof of the in-person meeting seems to be the biggest single reason for denial of K-1 cases.

If you're bored and/or you want to see the reasons for other cases' failures so that you may avoid them, there's lots of interesting reading there.

lucyrichNot TellingVenezuela2009-01-26 15:08:00
K-1 Fiance(e) Visa Process & ProceduresPassport Photos ?
QUOTE
You may want to consider that one of the requirements is that the photo is no more than 6 months old. Without a stamp on the back from a passport photo office, it would be difficult to demonstrate this.


We took all our own passport photos, for the initial petition, visa, green card, naturalization certificate, and finally for the US Passport. We've got photographic lights and umbrellas, and set everything up according to the state department guidelines. We printed some photos out on an inkjet printer, and printed others by taking digital files to a photo place and having them printed on genuine photographic paper.

In no case did we have any sort of stamp on the back to indicate the date the photo was taken. All the photos were accepted with no problems.

Though they have that 6 month rule, I don't think they have a way to enforce it precisely. I believe that, in practice, if you show up to your interview and you still look like the photo you submitted, you'll be OK. If you look like you've aged since the photo was taken, they'll probably question you about it, and maybe insist you get a more up to date photo. I'm speculating here, but I suspect that if you've changed a lot, they may even have the discretion to insist on a new photo even if the photo was technically less than 6 months old when submitted.

I haven't heard of problems with photos that are reasonably up-to-date, though.
lucyrichNot TellingVenezuela2009-01-30 17:22:00
K-1 Fiance(e) Visa Process & Proceduresonline relationship vs. having met in person
Sorry, duplicate post

Edited by lucyrich, 29 January 2009 - 07:30 PM.

lucyrichNot TellingVenezuela2009-01-29 19:26:00
K-1 Fiance(e) Visa Process & Proceduresonline relationship vs. having met in person
See this thread.

http://www.visajourn...howtopic=174604

Also, note that you're posting in the K-3 forum. The K-3 visa is only for people who are already married. The USCIS only recognizes marriages which happened when the two people were together in the same room during the ceremony, or marriage by proxy where the marriage was later consummated. Marriage by proxy is an unusual procedure where the marriage can happen while you're not together, but the fact that the USCIS requires that the marriage later be consummated effectively means you must have met.

So you would have to have met before you'd be eligible to file a K-3 visa. The other thread explains why you would have to have met before filing for a K-1 visa.

Barring very unusual religious or medical circumstances, detailed in the other thread, there is no visa available for fiancees or spouses who have not actually met in person. Plenty have tried, and the other thread tells where you can read their stories of failure.

lucyrichNot TellingVenezuela2009-01-29 19:26:00
K-1 Fiance(e) Visa Process & ProceduresIs this 'passport picture' adequite?
The thing I notice is that there are shadows on the background. Not as bad as the example on the state department page here http://travel.state....uality_877.html, but definitely noticeable.

To avoid the shadows and keep the background pure white, an actual photo studio would use the lighting shown here http://travel.state..../setup_873.html .

If you don't have lights that can be set up as shown, at least try and orient the camera so that the flash is directly above the lens. That way, the shadow falls on the background directly behind the head, instead of to the side. With some small digital cameras, that's hard to do without tilting the camera at a weird angle. But at least try switching the camera between horizontal and vertical orientation to see if you can minimize the shadow.

Then again, maybe they don't care about such details in the lighting. I really don't know where they draw the line. I know a lot of passport places don't use an elaborate lighting setup, but just have a little digicam with an on-camera flash. And I don't often hear of photos being rejected for immigration purposes, so I suspect the immigration folks may be fairly lenient.

lucyrichNot TellingVenezuela2009-02-05 00:42:00
K-1 Fiance(e) Visa Process & ProceduresCalifornia State Budget Crisis Affecting VSC Petitions
It should have no effect. California's budget crisis affects the California state government. Things like the DMV offices, state parks, highway departments, and such.

CSC is run by the USCIS, and works off of the US National budget. It's totally separate. They're working as hard (or not) as ever.
lucyrichNot TellingVenezuela2009-02-18 13:37:00
K-1 Fiance(e) Visa Process & Proceduresis this enough proof for ongoing relationship?
Also, keep in mind exactly what it is you're trying to prove.

For the petition, you've got to prove you were actually together at some time in the two years before the petition was filed.

For the interview, it's not just that you have an ongoing relationship, but the really important thing is to prove that the relationship is not for the purpose of obtaining an immigration benefit. See INA 204( c ) and 275( c ). The difference may be subtle, but can be important. For example, undisputed evidence that you call each other is nice, but it's no absolute guarantee of approval, since people who marry for papers can call each other, too.

And yes, the amount and nature of required proof will vary widely from one consulate to another. It can also vary depending on whether your relationship seems to fit the norms of the country where the consulate is located or not.

lucyrichNot TellingVenezuela2009-02-19 19:48:00
K-1 Fiance(e) Visa Process & ProceduresHow much is sufficient evidence? help!
QUOTE (vertex32 @ Feb 18 2009, 02:35 PM) <{POST_SNAPBACK}>
I am afraid that if she gets denied the K1 visa that it will somehow hurt my chances when she is old enough to get married to get her K3.


In order to apply for the K-1, she's got to be free to marry. When you say "old enough to get married to get her K-3", I don't know if you're talking about a legal age requirement, a cultural one, or some sort of personal standards, but regardless, she shouldn't apply for the K-1 until she's old enough to marry and ready to marry.

If she is denied a K-1 visa, then it will most definitely make getting a K-3 visa more difficult. Not only will she have to overcome the problem that caused them to deny the K-1, but there may be additional issues. See this link.

http://www.ilw.com/a...0323-ellis.shtm

Best bet: choose a route and stick with it. If they start to deny it, appeal and get them to issue the visa. Don't give up.

As far as what's enough evidence, nobody can say exactly. There are two separate issues that must be proven. One, for the I-129F petition, you've got to prove that the two of you have met in person within the two years before the filing date of the petition. Boarding passes, passport stamps, and a photo of the two of you together are usually enough for this point. Second, at the interview, she's got to prove the relationship is bona fide and not for the purpose of gaining an immigration benefit. The amount and nature of evidence required to prove this point varies widely. But most of this evidence for the second point is presented at the consular interview. It may help to discuss with others who have gone through your consulate to see what their experiences were. And it will also depend on how "normal" your relationship appears, compared to the cultural norms of the country where she's interviewing.

lucyrichNot TellingVenezuela2009-02-18 17:58:00
K-1 Fiance(e) Visa Process & ProceduresPOE can check if you have roundtrip ticket?
QUOTE (anais1983 @ Feb 18 2009, 01:42 AM) <{POST_SNAPBACK}>
Do they really check if you purchased the ticket shown in the itinerary?


I don't know whether they will, but they might.

If they find you presented an itenerary that falsely claimed you purchased a return ticket when in fact you didn't purchase a return ticket, you will have misrepresented a material fact to an immigration officer in order to attempt to gain admission to the US. That's a lifetime bar to admissibility.

Do you really want to risk a lifetime bar for that? Think about what you'll be throwing away, and how you'll feel if caught.

lucyrichNot TellingVenezuela2009-02-18 13:47:00
K-1 Fiance(e) Visa Process & ProceduresTranlator
QUOTE (Minya's wife @ Feb 24 2009, 10:54 AM) <{POST_SNAPBACK}>
QUOTE (kurt53 @ Feb 24 2009, 12:37 PM) <{POST_SNAPBACK}>
I speak fluent spanish and I am cabable of translating documents from spanish to english and vica versa. I would use a licensed translater because then there is no question as to the veracity of the translation. There are many inexpensive translaters listed on the web. Just do a google search for licensed translaters and they'll pop up. the entire transaction may be handled over the internet, it is quick and painless. good.gif


What kind of license? Issued where? Your logic for why to use a translator is a bit skewed IMO. AFAIK there is no International Association of Document Translators that issues licenses to translate documents from one language to another, heck, I'm not even sure there is a US based association like thatt. Given that there is no such thing, how would using a translation service, picked off google no less, result in no questions regarding the veracity of said translation? To me there would be more questions regarding such a translation, than one done by a myself, a friend or someone personally recomended to me.


Yep, that's the heart of the matter. The USCIS does not recognize any translator's license, certificate, or other credentials. Any translator who tries to tell you otherwise is either scamming you or unaware of how the USCIS works. I don't know which would be less offensive, but either way, I wouldn't give such a person my money nor trust such a person with my valuable documents.

Anybody can set up a fly-by-night translator certification agency, and have some nice pretty seals made up, and sell them to any translator who wants to get certified. That doesn't necessarily tell you anything about the quality of the translations. No offense intended to those who DO have rigorous training and credentials.

Note that what I said about the USCIS doesn't necessarily apply to the Department of State. They're the ones who control consulates, so consulates may have their own rules, as already explained in this thread. Consular rules vary from one country to the next. As far as I'm aware, all of the consulates in Spanish-speaking areas have Spanish speakers on staff, and don't require any translations at all of documents already in Spanish. They just read the Spanish directly. I know that was the case in Caracas. As a side note, they may double-check the translations of documents submitted to the USCIS, so you should be sure your translations submitted to the USCIS are accurate.
lucyrichNot TellingVenezuela2009-02-24 15:32:00
K-1 Fiance(e) Visa Process & ProceduresCan K1 be denied?
Yes, a K-1 can be denied.

If an F-1 was denied for a reason that doesn't apply to a K-1, such as because of failure to prove non-immigrant intent, then that's not a problem at all in the K-1 process. Just be sure and disclose it when asked.

If an F-1 was denied for a reason that does apply to a K-1, such as material misrepresentation, criminal record, previous overstays, previous immigration violations, etc., then that could easily be a problem for the K-1. It might be a problem that can be overcome with a waiver, or it might not.

If you want to describe the reason for the denial, you may get more precise information.

lucyrichNot TellingVenezuela2009-02-24 23:23:00
K-1 Fiance(e) Visa Process & ProceduresI need Info....I am in Tears here :(
QUOTE (johncel4life @ Mar 5 2009, 10:25 AM) <{POST_SNAPBACK}>
am just hope u will have more info soon...

btw, i have my problem here, and i dont know how to post new topic,grrrr....am trying to find some help about late AOS filing? my 90days will expire on March 12,2009...but we married already last feb 20,2009...we have financial problem right now, that is why we have to file late AOS...isn't okay to file AOS after 90days? please jasmin0717, i want to know ur idea about it...i dont know if i am d only one who encounter this kind of problem? thanks and GOD BLESS U


To start a new topic, click the "New Topic" button on the upper right or lower right of the main page for this forum, or any thread.

And filing AOS late is not a serious problem, as long as you married within 90 days (even if you married late, that's fixable, but you'd need to file more expensive paperwork).

The only issue is that the K-1 status expires after 90 days. After expiration and until you file for AOS, you're out of status. If you have any encounters with immigration officials while out of status, there could be serious problems. Technically, you're deportable. So don't bring yourself to the attention of immigration officials.

Once you file for AOS, you'll have pending legal status, which means you have the legal permission to stay in the US until they make a decision on your AOS case. So file for AOS as soon as possible.

And once you have filed for AOS, the fact that the filing was late won't affect the ability of them to approve your case.
lucyrichNot TellingVenezuela2009-03-05 17:42:00
K-1 Fiance(e) Visa Process & Proceduresnewbie question...do I need a lawyer
QUOTE (Gary and Alla @ Mar 7 2009, 11:43 AM) <{POST_SNAPBACK}>
QUOTE (lucyrich @ Mar 7 2009, 12:57 AM) <{POST_SNAPBACK}>
QUOTE (TBoneTX @ Mar 6 2009, 09:08 PM) <{POST_SNAPBACK}>
QUOTE (KimandRuss @ Mar 6 2009, 06:30 PM) <{POST_SNAPBACK}>
On a more personal level, I would hate to be the one who said to a stranger 'no dont use a lawyer' not knowing all the facts of the case and they had serious issues. While in this case, like most, it is likely not necessary...this is not true for everybody.

Besides, lets face it, some people need assistance because they have IMBRA issues, overstays, criminal history...etc.... some may just not have the comprehension skills to deal with what is required.
Very elegantly stated by the wise and gracious Kim. It frosts me when people flatly state "you do not need a lawyer!" Instead, dispassionately state the existence of the guides here on VJ, and ask the poster if he/she has potential issues, comprehension difficulties, or fear of paperwork that are out of the ordinary. "Ready, fire, aim" responses are rarely "one size fits all" or even very well-thought-out.

Down off soapbox, si man!


Agreed. We might know the procedures, we might even know the poster's situation well enough to say there's no problem (but we only know as much as the poster posted), but there's no way we know the poster's attention to detail, ability to understand and follow instructions, ability to research questions, etc.

Saying "lots of people have done it without a lawyer" is reasonable. It's a bit of a stretch, but I can't completely disagree with "most people shouldn't need a lawyer", but that's still not the same as "YOU don't need a lawyer".

Should I do my taxes myself? Or hire a quick tax prep place at a strip mall? Or hire a CPA? The tax laws are the same for all of us, but any of those three answers might be right for people with different situations and different talents and abilities.

Can a CPA lower your tax bill? No, the tax law is the same whether you use a CPA or not -- anything the CPA could do, you could do yourself. Just like a lawyer can't speed up your immigration process. But in either case, if you're not doing things right yourself in the first place, and the professional does it right, it might make it seem like the CPA is saving you money, or the attorney is speeding up your case.




I have asked this before, and will not receive an answer again, I can assure you.

For the defenders of attorneys for immigration procedures...please give ma scenario, an example, a "for instance" where an attorney can do something for a petitioner better or in a way that makes it worthwhile.



I can recall three recent cases.

In one, a Canadian was attempting to adjust status from a tourist visa after an overstay. People here mentioned that he shouldn't leave the US until adjustment was complete, but he went to a relative's wedding in Mexico anyway, thus abandoning his adjustment of status and invoking the ten year bar on admissibility. He already had the adjustment of status interview scheduled and was facing about a one month wait for the interview, with virtually certain straightforward approval. Now, he's looking at remaining out of the US, starting over from square one to file for a new visa, having the visa denied for the ten year ban, and then filing for a waiver. Probably a year and a half wait, with not so good odds of success. I suspect that, if an attorney (or anyone) had initially sat down with him face-to-face and explained exactly why leaving the US with AOS pending was a bad idea, he might have rethought the plan.

In another, an applicant filed for naturalization just under three years after coming in on a CR-1 visa. She read the guides that said you can file 90 days before the three year anniversary of gaining green card status, and filed at that time. But she missed the fact that you must also have completed a full three years married to and living with your US Citizen spouse at the time of filing. Since she came on a CR-1 visa, she and her spouse started living together on the same day she got LPR status. Her application for naturalization was denied. If she'd waited until eligible, she would have succeeded.

In another, an applicant filed for naturalization, but misunderstood that the "file 90 days early" shortcut applies only to the continuous residence requirement, not to the physical presence requirement. Again, the result was a denial, and the need to refile.


None of these people had complicated cases. In fact, I'd argue that none of the cases really needed a lawyer, but the people could have benefitted from a knowledgable person to properly explain the law to them.

If you really understand the laws that apply to your case, and you know that your case is uncomplicated, and if you have the attention to detail needed to avoid an RFE, you probably don't need a lawyer.

But not everyone starts out with that kind of knowledge. I know we didn't. If you're not sure, it's hard to beat a face-to-face consultation with a knowledgeable lawyer who can determine your eligibility, search for potential pitfalls, and plan a strategy. Most cases won't need anything more than that, and many won't even need that much.
lucyrichNot TellingVenezuela2009-03-10 11:52:00
K-1 Fiance(e) Visa Process & Proceduresnewbie question...do I need a lawyer
QUOTE (TBoneTX @ Mar 6 2009, 09:08 PM) <{POST_SNAPBACK}>
QUOTE (KimandRuss @ Mar 6 2009, 06:30 PM) <{POST_SNAPBACK}>
On a more personal level, I would hate to be the one who said to a stranger 'no dont use a lawyer' not knowing all the facts of the case and they had serious issues. While in this case, like most, it is likely not necessary...this is not true for everybody.

Besides, lets face it, some people need assistance because they have IMBRA issues, overstays, criminal history...etc.... some may just not have the comprehension skills to deal with what is required.
Very elegantly stated by the wise and gracious Kim. It frosts me when people flatly state "you do not need a lawyer!" Instead, dispassionately state the existence of the guides here on VJ, and ask the poster if he/she has potential issues, comprehension difficulties, or fear of paperwork that are out of the ordinary. "Ready, fire, aim" responses are rarely "one size fits all" or even very well-thought-out.

Down off soapbox, si man!


Agreed. We might know the procedures, we might even know the poster's situation well enough to say there's no problem (but we only know as much as the poster posted), but there's no way we know the poster's attention to detail, ability to understand and follow instructions, ability to research questions, etc.

Saying "lots of people have done it without a lawyer" is reasonable. It's a bit of a stretch, but I can't completely disagree with "most people shouldn't need a lawyer", but that's still not the same as "YOU don't need a lawyer".

Should I do my taxes myself? Or hire a quick tax prep place at a strip mall? Or hire a CPA? The tax laws are the same for all of us, but any of those three answers might be right for people with different situations and different talents and abilities.

Can a CPA lower your tax bill? No, the tax law is the same whether you use a CPA or not -- anything the CPA could do, you could do yourself. Just like a lawyer can't speed up your immigration process. But in either case, if you're not doing things right yourself in the first place, and the professional does it right, it might make it seem like the CPA is saving you money, or the attorney is speeding up your case.


lucyrichNot TellingVenezuela2009-03-07 00:57:00
K-1 Fiance(e) Visa Process & ProceduresA question about naturalization certificate
At our oath ceremony, they clearly said that it was OK to make copies for legitimate business purposes, and that one such purpose was if you wanted to deal with the USCIS. The guy said something to the effect of, "Do NOT send your original naturalization certificate to the USCIS. We don't want it, and to be honest, that's the quickest way to lose it forever. Send us a photocopy if you must, but not the original".
lucyrichNot TellingVenezuela2009-03-10 23:13:00
K-1 Fiance(e) Visa Process & ProceduresRead some scary things about marriage fraud
QUOTE (paschwartz @ Mar 18 2009, 12:13 PM) <{POST_SNAPBACK}>
yet the USCIS and the CO's continue to approve K-1 visas for marginal cases.


Understand that it's absolutely not their business to determine whether the marriage will be long-lasting and happy. It's ONLY their business to determine whether the alien is just in it for the green card. And determining someone's intent is difficult, so they don't always get that one right.

An interesting article, which has made the rounds and been mentioned on VJ before, but is probably worth digging up again, is this one

http://cis.org/marriagefraud

It's an account from a former consular officer, describing the problem of marriage fraud from his point of view. He's got some interesting stories to tell, and has seen a lot of scam artists. Sure, his point of view is biased and distorted, but then so is the point of view of most people here (mine included). His bias and distortion are from a much different perspective and based on a much different set of experiences than what you usually hear on VisaJourney, so it can be quite illuminating to read what he says.
lucyrichNot TellingVenezuela2009-03-18 15:11:00
K-1 Fiance(e) Visa Process & ProceduresRead some scary things about marriage fraud
QUOTE (paschwartz @ Mar 16 2009, 07:23 PM) <{POST_SNAPBACK}>
Then there is the support affidavit that one would file, and if I was a target for fraud, I get stuck with the bill for 10 years.


Minor factual correction: The I-864 affidavit of support has five possible terminating conditions, and the passage of ten years on the calendar isn't one of them. They are:

Sponsor dies
Immigrant dies
Immigrant becomes a US Citizen
Immigrant leaves the US permanently
Immigrant accumulates 40 quarters of work for social security purposes

That last one seems like it might be ten years, but only if the immigrant is continuously working. Furthermore, if the immigrant is married, social security will credit work done by each spouse, so it would only take five years to earn 40 quarters of work if married and both spouses are working.

But if the immigrant is continuously earning quarters of work for social security purposes, you probably don't have too much to worry about with the affidavit of support anyway. The potential problem comes if the immigrant stops working. And if that happens, there's no telling when the affidavit of support will terminate. It could literally be a lifetime commitment. Divorce certainly won't end it.

It's worth noting that, barring murder or suicide, none of the terminating conditions are under the sponsor's control.



I'd say you're right to be cautious after spending only one week together in person. And even if there's no scam involved, a cross-cultural marriage has some complications that a same-culture marriage doesn't face. With ordinary same-culture marriages in the US having around a 50% divorce rate, that's a scary thought.

I'd echo the sentiments to get to know her, and get to know her culture and family as much as you can. And watch out for red flags.
lucyrichNot TellingVenezuela2009-03-18 13:29:00
K-1 Fiance(e) Visa Process & Procedurespossiblity of getting denied of k1 visa???
QUOTE (soontobemarried @ Mar 20 2009, 12:21 PM) <{POST_SNAPBACK}>
the woman received her greencard but then even before the interview they lost contact and the woman filed for divorced and the woman is now married to another guy.


This doesn't make sense. They don't grant a green card before an interview. If she got her green card based on AOS based on her marriage to him, the USCIS must have interviewed the two of them. If they divorced before the interview, she would not have been eligible to adjust status based on that marriage.

Maybe she adjusted status based on her second marriage? Maybe they divorced before the removal of conditions, but not before the AOS interview? I'm confused about what happened here.


lucyrichNot TellingVenezuela2009-03-20 18:52:00
K-1 Fiance(e) Visa Process & Procedurespossiblity of getting denied of k1 visa???
QUOTE (Anh map @ Mar 20 2009, 04:08 PM) <{POST_SNAPBACK}>
QUOTE (Marty J @ Mar 20 2009, 06:56 PM) <{POST_SNAPBACK}>
QUOTE (Anh map @ Mar 20 2009, 10:43 PM) <{POST_SNAPBACK}>
I assume that he filed an I-864 for his ex when her status was adjusted. If it was 5 years ago that will most likely still be in effect and will impact your I-134 and I-184. The ex will have to be included in the household size when calculating needed income.


Even if she has since remarried?


The I-864 obligation expires after 40 credited quarters of work, the person sponsored leaves the US and is no longer a lawful permanent resident, or becomes a USC. (from I-864 instructions, page 3)

If the person remarries and the new spouse (or someone else) files an affidavit of support then perhaps the first sponsor is relieved of responsibility. But I do not know the answer to that.


No, remarriage isn't one of the terminating conditions of the I-864 (nor is divorce). You've listed all of the terminating conditions, except you didn't list the death of the sponsor or the death of the immigrant. Filing a new affidavit isn't one of the terminating conditions for an older affidavit.

But as has been pointed out, if the divorce happened before AOS, there probably was never an I-864 in effect.


Anyway, back to the original question. This guy committed marriage fraud. If it's discovered, he's facing a $250,000 fine and/or five years in prison. See the notice just above the signature line of the I-130, for example.

They will know he filed paperwork before. They may not yet know that the earlier relationship was fraudulent. But if they look up her status, they may find she entered, failed to adjust status, and never left the country, which will certainly raise some questions for them to follow up on.

There's definitely a prohibition on past alien fraudsters ever re-entering the country, under any circumstances. I don't believe there's a specific corresponding prohibition on past USC marriage fraudsters bringing in future aliens in a bona fide relationship, but it would have to make the proof of bona fide relationship much, much harder. And remember that in immigration matters, the immigrant has the burden of proof.

If he failed to note the earlier relationship, that might lead to a finding of misrepresentation, which could damage the current process severely.
lucyrichNot TellingVenezuela2009-03-20 18:45:00
K-1 Fiance(e) Visa Process & ProceduresShould I Limit My Proof To Just The Past Two Years
There are two separate things the law requires you to prove.

1. That you have met in person at least one time during the two year period before the date of filing the I-129F.

2. That your relationship is not for the purpose of obtaining an immigration benefit.


For the first point, pick one meeting and highlight it. It may be your most recent in-person meeting, or it might be the one you have the most concrete documentary proof for. But it must be a meeting that happened during the two years immediately before the date you file the I-129F.

For the second point, a bit of evidence of the covering the entire time period may be useful. But most of this issue is addressed at the interview, so there's normally no need to overwhelm them with lots of this sort of evidence at the petition stage. Bring everything you've got to the interview, though.
lucyrichNot TellingVenezuela2009-03-20 22:18:00
K-1 Fiance(e) Visa Process & ProceduresCan we have a wedding Ceremony prior to receiving K1 visa??
QUOTE (V-G-1 @ Mar 23 2009, 10:44 PM) <{POST_SNAPBACK}>
There is a difference between weddings and marriages. K1 is only concerned with legal marriages. Weddings, on the other hand, have to do with ceremonies--and "weddings" without a government-issued marriage cert/license will not be deemed marriage for K-1 purposes, so you should be all set


The problem with this theory is that you always have the burden of proof in immigration matters. How are you going to prove that your ceremony wasn't legally binding? The various officers involved, both at the consulate and at the port of entry, may not know the subtleties of marriage law in each jurisdiction. If it comes up that you had some sort of celebration, and if there's room for doubt as to whether that ceremony was a legally binding marriage, you lose.
lucyrichNot TellingVenezuela2009-03-24 11:53:00