ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresK1 After Petition

The process at the embassy is country specific to a degree - in what country are you processing the visa application?


Hank_MalePhilippines2014-03-15 08:26:00
K-1 Fiance(e) Visa Process & ProceduresHELP K1 QUESTION

HI, I AM NEW HERE MY QUESTION ON K1 VISA. ME AND MY GRILFRIEND ABOUT LIVING TOGETHER,SHE IS MY HIGH SCHOOL FRIEND, AFTER MOVING TO USA I HAVENT SEEN HER IN YEARS,LAST YEAR MARCH WE START TALKING IN FACEBOOK. SOMEWHAT SOMEHOW WE START LIKING EACH OTHER THEN AFTER 5MONTHS ITS OFFICIALLY US LONG DISTANCE RELATIONSHIP. THEN WE PLANED TO MEET LAST DECEMBER 2013 IT HAPPEN I WAS WITH HER FOR A MONTH,THEN I WENT BACK HERE IN THE STATES. MY QUESTION IS CAN I APPLY HER A K1 VISA EVEN I HAVENT PROPOSE TO HER?

 

Main requirement for filing the I-129F petition is having met within the past two years.  You have that covered.

 

 

even i havent propose to her?

 

Proposing is not a requirement  :)    Getting married later is :thumbs:


Hank_MalePhilippines2014-03-16 08:20:00
K-1 Fiance(e) Visa Process & ProceduresCo sponsor

My co sponsor makes over 300,000$ a year, but his taxes won't be complete for 2013 until October so I have bank statements and 2010,2011, and 2013 taxes and tax returns... And a letter from his accountant. Do u think they will demand the 2013 tax returns with all the other info I provided?

 

What country, requirements may vary by embassy?

 

:time:

 

Three years of ITR are not needed, just the most recent tax return, which right now is 2012.  If you interview is after April 15th and being your fiance files an extension I would suggest bringing a copy of the completed extension form also.


Hank_MalePhilippines2014-03-17 08:27:00
K-1 Fiance(e) Visa Process & ProceduresK1 fee?

Hello all, does anybody know what the current fee for applying for the k1 visa is? Me and my fiance are about to apply and send them in the packet but we are wondering how much we should write on. Check. Months ago it was $340 but I Googled it and it said $240. I need to be sure, does anybody know,? I'll be really thankful

 

$340 for the petition (I-129F)

 

http://www.uscis.gov/i-129f


Hank_MalePhilippines2014-03-17 08:19:00
K-1 Fiance(e) Visa Process & Proceduresnon-immigrant or immigrant k1 visa?

 

They (the US Department of States or the US embassy) don't care my "personal intent" for K-1 visa and it doesn't influenced my visa approval.  All they do care is "my intent" from their perspective or point of view on immigration law. I never had intent to immigrate to the US when applied B-2 visa and yet still they think I had intent to do so. Some people had intent just come to the US to get a green card or whatever reason. "My personal intent" is nothing to do with the immigration law as they already made their decision "what my intent" when refused me for B-2 visa or approved my K-1 visa.

 

This is my last post and I would love to have another discussion with you in the future on the other thread. Bye now. 

 

Actually they do, IF your intent were other then the intended purpose of the K-1 visa.   

 

With the embassy and approving visas I think their motto is :  When there is doubt - deny.


Hank_MalePhilippines2014-03-05 15:38:00
K-1 Fiance(e) Visa Process & Proceduresnon-immigrant or immigrant k1 visa?

 

You can say whatever you want for this post. Let others make assumption from our posts that posted here. Again, this is an open forum discussion about immigration. I already gave you my opinion and whether you understand or not my explanation, it is not on my hands anymore. See you on the other post next time. 

 

There is nothing to understand about your explanation/personal opinion ...  you made an erroneous statement about the K-1 visa being a "dual intent visa", were called on it, presented with facts from the DEPARTMENT OF STATE and still persist in defending your erroneous statement.  

 

What I see is a person who when wrong won't admit to it.  A closed mind is a terrible thing to waste.

 

Do you have a secondary INTENT for applying for the K-1 visa?  Just asking. wink.png


Edited by Hank_, 05 March 2014 - 03:01 PM.

Hank_MalePhilippines2014-03-05 15:01:00
K-1 Fiance(e) Visa Process & Proceduresnon-immigrant or immigrant k1 visa?

 

and then we agree to disagree..happy.png . 

 

 

Well you can call it that being you have yet to provide valid information as to the SECOND intent of the K-1 visa.

 

Facts are facts, your opinions ignore the facts.  

 

- the facts disagree with your opinion.


Edited by Hank_, 05 March 2014 - 02:47 PM.

Hank_MalePhilippines2014-03-05 14:45:00
K-1 Fiance(e) Visa Process & Proceduresnon-immigrant or immigrant k1 visa?

I agree there is only one intent for a K-1 visa.  However, I think in Wikipedia the term "dual-intent" is being incorrectly used.  I can understand it from this point:  on one hand its classified as a non-immigrant visa, but on the other its treated as an immigrant visa.

 

 

 

Yup I agree (obviously from my other posts), and those that apply for the K-1 visa do so with one intent.  :thumbs:

 

If they choose not to follow through with the intended purpose of the visa that is their personal choice.


Hank_MalePhilippines2014-03-05 14:42:00
K-1 Fiance(e) Visa Process & Proceduresnon-immigrant or immigrant k1 visa?

 

See those words I bolded from your post.

 

Now read the complete paragraph... ;)


Hank_MalePhilippines2014-03-05 14:38:00
K-1 Fiance(e) Visa Process & Proceduresnon-immigrant or immigrant k1 visa?

 

 

Of course, some people don't want to stay in the US, if you read another posts here. Also, I did complain to the then US ambassador for Indonesia, Scot Marciel, and some officials from Utah government when I had chance interviewed them a while back about how the CO did not even looked at evidence that I brought for B-2 visa interview and I can do that again in the future. I think this  an open discussion forum and we are freely to express our opinion without being "harsh". 

 

Yes some people do make the PERSONAL CHOICE of not staying in the USA but that has NOTHING to do with the intent of the K-1 visa, that is strictly the choice a person makes and has no bearing on your "DUAL INTENT" statement that I called into question.

 

Yup it is an open forum, and I absolutely do not "buy" your statement about the K-1 visa being a dual intent visa so I am calling you on it.  And yes I am questioning your reasoning/logic when you ignore the facts from the DEPARTMENT OF STATE regarding the actual singular intent of the K-1 visa.

 

I even asked you to define the SECOND purpose of the K-1 visa, of course I would want it not to be a personal opinion and for sure substantiated by facts from the U.S. government.

 

Plain and simple, SHOW ME THE BEEF!   As in show me the U.S. government website that states the K-1 visa is a dual intent visa and also lists it two intents.  I have shown you government websites stating the singular purpose of the K-1 visa.  

 

I am not sure what you are saying by tossing in comment about a B-2 visa.... don't care.     So you didn't get a B-2 visa, you aren't the first to be denied.


Hank_MalePhilippines2014-03-05 14:36:00
K-1 Fiance(e) Visa Process & Proceduresnon-immigrant or immigrant k1 visa?

 

I already knew someone changed information on Wikipedia without looking at it. While it doesn't stated clearly on the official government website since they usually vague about information they are provided I do still believe a K-1 visa is dual intent visa. For my understanding, dual intent is from what an immigration term. Besides married to USC as non-immigrant, they also have intent to changed their status to an immigrant.

 

K-1 visa holder doesn't have to stay in the US after married. That's why they issued a specific visa if someone wants to marry a USC in the US but doesn't want to remain there. Based on my experience for B-2 visa (non-immigrant visa) refusal, after the CO asked me whether I have a plan to marry my then boyfriend -  my now fiance-, she gave me a green paper stating filing petition for K-1 visa. That's a legal way to married a USC in the US and the visa holder can choose whether she/he wants to stay in the US or comes back to their native countries.

 

On other note: I am going to ask  to the US consular officer in Jakarta about the specific information for this visa. I will posted back here. Meanwhile, I will stick with my understanding about K-1 visa term.

 

Seriously?   You are going to say the official government website is vague, but some individuals website where they post their opinion is "the facts" ?   You  are really grasping at smoke with that comment you made above.  The intent of the K-1 visa is NOT for someone to marry a USC in the United States then leave again... good grief.  For what reason would a person do that? (I do grant there are cases of people arriving, not getting married then leaving again but that is not a dual intent situation, I will also grant there are cases of someone arriving, getting married then poof they walk out the door but do not leave the USA - they did have a "DUAL INTENT" but that is called visa fraud) I mean really, one does not need a K-1 to marry a USC in the USA then leave again.   You better grab the cheese it is slipping off the cracker.

 

You are going to ask the consulate officer at the embassy and get back to me?  Psst!  Who do you think the consulate officer works for?  Big hint here:  THE DEPARTMENT OF STATE.   The same source I have quoted to you and you have ignored, or try to say is vague in their definition.

 

What is vague about this?  What don't you comprehend?

 

The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa.

 

 

The K-1 for sure is not a DUAL intent visa.  It's intent is singular in purpose and is as stated by the DEPARTMENT OF STATE.  

 

~  Good grief!  huh.png wacko.png blink.png wacko.png


Hank_MalePhilippines2014-03-05 14:07:00
K-1 Fiance(e) Visa Process & Proceduresnon-immigrant or immigrant k1 visa?

 

Back to the term of dual intent of K-1 visa, from what my understanding, the reason why it is categorized as dual intent because fiance(e) enter US as non-immigrant visa and changed their status after they got married (immigrant intent ) by AOS. But, there is a limit for that as he/she has to leave the country if she/he is not marry the petitioner. If K-1 visa as categorized as an immigrant visa, the holder doesn't have to leave the country even though she/he is not marry the petitioner, doesn't it?. I might be wrong since I am not an expert or immigration lawyer on this case.

 

This is from another link. I bet this one is not an easy to changed by an individual unless they are an admin or moderator.

 

http://www.legallang...is-dual-intent/

 

That link you provided is still just some individuals website and opinion, give me a link from a official government website that states a person can use the K-1 visa for another intent besides getting married to a USC.... something to justify your bantering about dual intent.  Until then, I will stick with the information from the Department of State for the USA, and the Department of State lists only ONE intent.   See my previous post.


Hank_MalePhilippines2014-03-05 13:16:00
K-1 Fiance(e) Visa Process & Proceduresnon-immigrant or immigrant k1 visa?

 

Or probably Wikipedia is wrong?Just let me know.....

 

A K-1 visa is a dual intent visa issued to the fiancé or fiancée of a United States citizen to enter the United States. A K-1 visa requires a foreigner to marry his or her U.S. citizen petitioner within 90 days of entry. Once the couple marries, the foreign citizen can adjust status to become a lawful permanent resident of the United States (Green Card holder). Although a K-1 visa is legally classified as a non-immigrant visa, it usually leads to important immigration benefits and is therefore often processed by the Immigrant Visa section of United States embassies and consulates worldwide. If a K-1 visa holder does not marry his or her U.S. citizen petitioner within 90 days of entry, then he or she must depart the United States within 30 days.

 

 

 

http://en.wikipedia.org/wiki/K-1_visa

 

Try that wikipedia link now and see what it states.   Anyone can post stuff on there.


Edited by Hank_, 05 March 2014 - 12:59 PM.

Hank_MalePhilippines2014-03-05 12:59:00
K-1 Fiance(e) Visa Process & Proceduresnon-immigrant or immigrant k1 visa?

 

Or probably Wikipedia is wrong?Just let me know.....

 

A K-1 visa is a dual intent visa issued to the fiancé or fiancée of a United States citizen to enter the United States. A K-1 visa requires a foreigner to marry his or her U.S. citizen petitioner within 90 days of entry. Once the couple marries, the foreign citizen can adjust status to become a lawful permanent resident of the United States (Green Card holder). Although a K-1 visa is legally classified as a non-immigrant visa, it usually leads to important immigration benefits and is therefore often processed by the Immigrant Visa section of United States embassies and consulates worldwide. If a K-1 visa holder does not marry his or her U.S. citizen petitioner within 90 days of entry, then he or she must depart the United States within 30 days.

 

 

 

http://en.wikipedia.org/wiki/K-1_visa

 

Wikipedia gets it's information from postings entered by individuals, I for sure would not use it as a source.  Heck I even have an entry in Wikipedia.

 

So the question would be for you:  If the K-1 is a dual intent visa, what is the OTHER intent?  smile.png

 

Now here is info from a, for sure, more reliable source (which BTW reflects what I said):

 

http://travel.state....fiance-k-1.html

 

Overview: What Is a K-1 Visa?

The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa. Eligible children of K-1 visa applicants receive K-2 visas.

 

 

What Is a ?Fiancé(e)??

Under U.S. immigration law, a foreign-citizen fiancé(e) of a U.S. citizen is the recipient of an approved Petition for Alien Fiancé(e), Form I-129F, who has been issued a nonimmigrant K-1 visa for travel to the United States in order to marry his or her U.S. citizen fiancé(e). Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place.

In general, the foreign-citizen fiancé(e) and U.S. citizen sponsor must have met in person within the past two years. USCIS may grant an exception to this requirement, based on extreme hardship for the U.S. citizen sponsor to personally meet the foreign-citizen fiancé(e), or, for example, if it is contrary in the U.S. citizen sponsor?s or foreign-citizen fiancé(e)?s culture for a man and woman to meet before marriage.


Edited by Hank_, 05 March 2014 - 12:42 PM.

Hank_MalePhilippines2014-03-05 12:41:00
K-1 Fiance(e) Visa Process & Proceduresnon-immigrant or immigrant k1 visa?

i went through immigrant k1 visa for the interview does this matter?

 

The K-1 is treated as an immigrant visa, and processed at the embassy by the immigrant unit.  All is good.

 

 

 

K-1 visa is a dual intent visa. Generally classify as a non- immigrant visa, at US embassies a K-1 visa treated as an immigrant visa since the holder has intent to immigrate to the US. 

 

K-1 is a single intent visa.... to get married in the USA.  It is a non-immigrant visa processed as an immigrant visa (totally agree), the holder of this visa has only one requirement after being issued this visa - get married in the USA, once that is completed they are now immigrants and processes as an immigrant.


Edited by Hank_, 05 March 2014 - 09:21 AM.

Hank_MalePhilippines2014-03-05 09:21:00
K-1 Fiance(e) Visa Process & ProceduresDS-160 MISTAKE

put wrong birthday on the ds-160 application....How can I change it? Application already been submitted

 

Easily fixed during the interview, just inform the CO he can fix that.


Hank_MalePhilippines2014-03-19 08:50:00
K-1 Fiance(e) Visa Process & Proceduresmy passport is not in good condition!!!??? what i need to do?

I don't think it will be a major issue, but that is just my personal opinion.  After all the old one got damaged and is being replaced.  As long as you have both for the interview.


Hank_MalePhilippines2014-03-19 19:02:00
K-1 Fiance(e) Visa Process & Proceduresmy passport is not in good condition!!!??? what i need to do?

hi VJ's members,

 

Here i am again.

 

Seen i came back here in Philippines last week, i  starting to process my visa i never waste my time, after i finish to pay my visa fee in BPI the following day i started to fill up and submit my form to schedule my interview, but this morning when i check my passport is already mess-out. The cover and the inside pages is separated so emagetly i when to DFA and ask if can fix it. but they said need to renew. Now im so worry coz in my form in D-160 my Passport no. i wroted there is my all passport number and the new passport will be releasing at the end of the month. Also in my medical i plan to take this week but i using my old passport. this is my question, it is ok to still using my old passport number in this to things for interview and for medical? but if i get my new passport i attach together bfore the interview?

please help me

 

--

jhoy 

 

You should have both your old and new passport (DFA will stamp the old one CANCELLED), bring them both to the interview, the CO should be able to update the information.  I know the CO can make changes to the DS-160 as others have mentioned that being done.  

 

 

http://www.visajourn...29-philippines/


Edited by Hank_, 18 March 2014 - 08:19 AM.

Hank_MalePhilippines2014-03-18 08:18:00
K-1 Fiance(e) Visa Process & ProceduresBack of Birth Certificate won't photocopy

The instructions say to provide copies of the front and back of my birth certificate.  But when I scan the backside, the water mark does not copy.  The result is a blank paper!  Should I include a blank paper, with maybe a note saying the backside does not scan?  Or, I might be able to photograph the watermark, and then print the photo?  The birth certificate is from Missouri.  Has anyone else had this problem?

 

Water marks are designed to NOT be copied.  ;)

 

Just send in the blank copy of the back, that is what I did.


Hank_MalePhilippines2014-02-28 11:14:00
K-1 Fiance(e) Visa Process & ProceduresApplicant age restriction?

I am inquiring into the whole process of applying for the k-1 fiance visa. A friend of mine who is Filipino told me that anyone above the age of 21 cannot get a visa? (he is much older and perhaps this is old information so perhaps this isn't correct)Can anyone verify that this is true or not true? The girl I am going to ask to marry me is 20 but I am concerned with this whole process taking so long that if this is the case it might be past her 21st birthday!!

 

Anyone know for sure or who to talk to get this 100 % verified? I tried to call the US embassy of Manila but they refused to talk to me unless I give them her passport info etc...which she won't have until after I ask her to marry me.

 

I am trying to get ahead of the game and inquire upon everything. I think it would be a very sad story if I go through this whole process with trying to marry her and get this visa and then in the end she ends up being to old to get it and then we can't marry. 

 

-Michaelsj

 

In this case rule #1 should be - Don't listen to your friend, as that is totally false information.

 

Only requirement is being legally free to marry, which would mean being age of consent (or parental consent).

 

 

http://www.visajourn...29-philippines/


Hank_MalePhilippines2014-03-19 08:57:00
K-1 Fiance(e) Visa Process & Procedureshow much the immigration fee for K1?

My flight is on APRIL 01 2014 i just want to know if how much total fees ? origin MAnila Phils. to USA

THANK YOU VJ MEMBERS HAVE A NICE DAY TO ALL

 

K-1 does not have an immigration fee.


Hank_MalePhilippines2014-03-18 08:21:00
K-1 Fiance(e) Visa Process & ProceduresI-134 form question

Hey Everyone, 

I'm a noob to this and have a question about the I-134 form we'll need to fill out...


With the I-134 form does the sponsor need to add their tax forms back 3 years (2010) ?  or just 2013 taxes? 

Also, same question if we plan to have a co-sponsor.
 







 

Thanks

 

Only the most recent tax return/transcript, not 3 years.   Same for co-sponsor.

 

 

http://montreal.usco...-checklist.html


Hank_MalePhilippines2014-03-20 08:21:00
K-1 Fiance(e) Visa Process & Proceduresk1 denied petition was returned to USCIS

we're planning to get married since our k1 petition was denied.. how do we go about this? do we need to contact USCIS and tell them to revoked the petition? because until now the case is still on AP.. since theres no chance to appeal even for the waiver it will cost us alot. we decided tog et married instead. or can we go start the petiiton without contacting the USCIS anyhmore? But i need to get back my passport because they took it during my interview last august 2013.. any help and advices? THANKKSSS!!

 

No need to revoke the petition being it was denied.

 

As was suggested keep in contact with USEM until you get your passport back.

 

I don't see any issue with getting married and starting the IR/CR-1 process.


Hank_MalePhilippines2014-03-20 08:25:00
K-1 Fiance(e) Visa Process & ProceduresNeed help for G-325A

I just want some helps, I am about to file a G-325A form.

 

My friend put a Small Internet Cafe (4 computers only) near to our house and I was the one took care of it. This business is not registered in DTI (Department of Trade and Industry) office since it started but I have Business Permit issued and signed by our Barangay Captain.

Then after a year my friend sold the Internet Cafe to me and I am now the owner of the business.

When I read the G-325A form I am confused on what to write on Applicant's Employment part.

 

My questions:

What to put on Employers Name?  Occupation?

 

I am thinking to write NONE on those parts but I'm scared what if they will investigate and find out that I have business.

 

I hope you guys can share your ideas. Thank you and God bless!

 

NEVER lie!   You list it as your job, you are self employed.

 

If I put self employed, are they going to ask me documents to support it?

 

Seriously doubt it.


Hank_MalePhilippines2014-03-20 09:04:00
K-1 Fiance(e) Visa Process & ProceduresLost Passport and K-1 Visa

Hello Everyone

 

My fiancee lost her passport and k1-Visa. The passport is a easy replacement but I would like to know if it is possible to receive a replacement or copy from the embassy. Would I have to reapply for a whole new from the very start here in the states or can she just get setuo another interview. Also she lost the entire packet that I sent to her which included her medical records. If she can get a copy would someone know the fee? She resides in the Philippines.

 

I hope somone can help.

 

Thank you.

 

The visa can be replaced, it is very possible the embassy will charge another $240 visa fee but there won't be another interview.  The DO NOT OPEN envelope was lost also?   That is not good, is it possible some stole it?

 

The embassy should be contacted - of course.  (phone and email info in my link)


Hank_MalePhilippines2014-03-19 08:45:00
K-1 Fiance(e) Visa Process & ProceduresIs having a business name registered under the beneficiary affect the petition?

Hi,

 

Newbie here smile.png I (beneficiary) and my fiance (petitioner) just recently filed our application last 03/07/2014.

Got our NOA1 notification via email and text last 03/14/2014 and still waiting (im)patiently for the official NOA1 letter via mail. smile.png

 

This may be silly but, I was wondering if the USCIS investigates the career/work background of the beneficiary.

There's a business registered under my name here in my home country (Philippines) and I'm still in the process

of transferring it to someone which would take time. The business is not mine but due to some reasons,

I agreed it to be registered under my name.   Also, I didn't include it to my G-325A work history.

 

Will this affect our application?

 

 

Thank you!

 

 

Ara

 

 

Doubt that will have any affect on the visa process.  


Hank_MalePhilippines2014-03-20 09:01:00
K-1 Fiance(e) Visa Process & ProceduresTimeframe between medical and interview...

Hello everyone, this may have been posted a couple of times, but i cant seem to find an answer...its sort of a stupid question. But i am new to this visa thing.. i just wanna know one thing...
if i decide to have my medical this month, will they still accept my medical results if i get a slot date for interview by around june or july? I have been trying to get some slots but i cant seem to get one... im in trouble, my mom thinks im stupid for scheduling medical when i still didnt have my appointment date..i know how stupid i am, so please dont judge me, as i was so lost over other details of the process.forgive me for missing the big picture...
So, should medical be close to your appointment date? Please i need help and advices i can get. Im sort of depressed and really hopeless right now.
My fiance and i wanted to be together and i cant wait to be with him. I should cancel my flight coz i already booked it...i honestly thought that the interview appointments are not that hard. I thought you just have to sign up, complete some online forms, input date you want to be interviewed and voila! But now, im in a worst case scenario... i cant think of anything i am so confused.


?Abie?





 

There is no problem doing the medical early, just remember the visa validity date is tied to the date of the medical, so you will not have 6 months to enter the USA.  

 

Things are very backed up at USEM currently May is totally booked, the embassy should be releasing June dates very soon.

 

 

http://www.visajourn...29-philippines/


Hank_MalePhilippines2014-03-21 08:20:00
K-1 Fiance(e) Visa Process & ProceduresLast minute k1 questions

http://www.visajourn...content/k1guide


Hank_MalePhilippines2014-03-22 09:33:00
K-1 Fiance(e) Visa Process & ProceduresNone vs n/a vs [blank] on I-129F and G-325a redux

There have been many threads on this issue before, but they are scattered and sometimes contain outdated information since it seems the instructions have changed. I am paranoid about this issue ever since I read that someone was given an RFE for mixing these up!!!

 

I would like to present my understanding for verification.

 

1. The I-129F form contains new instructions to leave blank anything for which one might ordinarily put 'none' or 'n/a'. Therefore, one should never use 'none' or 'n/a' on the I-129F. Just leave it blank!

 

2. The G-325a includes no such instructions. In fact, in some places it explicitly tells you to write none if there is no former spouse, employment, etc. However, in some places leaving blanks can be confusing, and in other places it can be confusing to write 'none' when it may be confused for a response. Therefore, I am leaving no blanks and writing 'None' everywhere there is no response EXCEPT for 'MIDDLE NAME' and 'Province or State' (since there is none).

 

I hate that I even have to write such questions, but given that RFEs have been given for this, I will not take any chances with someone looking for an excuse to delay an application! Thanks.

 

Follow the instructions for each form. The new I-129F wants questions left blank that do not apply.   The G-325A it does not matter.


Edited by Hank_, 24 March 2014 - 08:21 AM.

Hank_MalePhilippines2014-03-24 08:20:00
K-1 Fiance(e) Visa Process & ProceduresK1 - ds160 Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services? yes or no?

OMG i just saw that i answered that question wrong! i said yes because somebody petitioned for a H3 visa for me once... but thats not a immigration visa either... WHAT AM I SUPPOSED TO DO NOW???

 

That can be corrected during the interview, just mention to the CO.  Or you can complete a new DS-160 and bring that confirmation page to the interview. (toss the old confirmation page)


Hank_MalePhilippines2014-03-24 08:24:00
K-1 Fiance(e) Visa Process & ProceduresI129F Possible Mistake Awaiting Possible RFE!!!!!!!!!

I read an old post here from 2006, it stated somebody got an RFE for not sending in the entire contents of their divorce papers. I have been married two times in the past one for 17 years one for 10 years. I included the page the judge signed on both divorces, it stated the judge and date of divorce. I thought it would be enough. I got my NOA1 on 2/25/14 should I have received an RFE by now if it was a problem? This is at the California processing center. My brother is petitioning for his Filipina fiancé, and from sending in his I129F till NOA2 took only 6 weeks total. Im thinking if they are on those timelines right now I should have received a RFE by now. Should I just right now send in all my divorce papers without receiving an RFE? or would that possibly confuse things?   Thanks for all the help........

 

Most then likely you will get an RFE, you won't know until they actually get to your file and start processing it... until be prepared and have copies the complete divorce decree for each ready.   

 

Do not sent the divorce decrees until USCIS sends the RFE.


Hank_MalePhilippines2014-03-23 10:05:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support. Last 3 years income should be at 125% poverty guideline?

You dodged my question. Where's your link to a K-1 case at the U.S. Embassy Manila where someone was issued a 221g because they submitted a 2012 income tax return before April 15 even though the petitioner had filed a 2013 income tax return?

 

Seriously?  Don't read much, or just comprehension issues?  Try the beginning of my first sentence.

 

 I am not questioning that the embassy will accept the 2012 tax return

 

Try to keep up.

 

Now back to your "original" statement that I called into question - show me where the embassy states it wants the previous year's tax return and not the most recent tax return ... after all THAT is what you said, being the OP has their 2013 tax return.


Hank_MalePhilippines2014-03-24 13:05:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support. Last 3 years income should be at 125% poverty guideline?

The Embassy instructions letter states that "you should be able to demonstrate that you will not become a public charge or be a burden on U.S. taxpayers for financial support."

Until April 15, the Embassy will accept a 2012 income tax return and a 2012 W-2, or a 2012 tax transcript, even if a 2013 tax return was filed.

If you know of any K-1 cases at the U.S. Embassy Manila where this hasn't worked, please provide a link.



 

I am not questioning that the embassy will accept the 2012 tax return, I was making comment about you stating that the embassy will WANT to see their 2012 return if the interview is before April 15th -  as that is NOT true, being the OP states the 2013 tax return is available THAT is the most recent tax return.  Not complicated.

 

if the interview is before April 15, the U.S. Embassy Manila will want to see your 2012 income tax return and your 2012 W-2.

 

k. EVIDENCE OF SUPPORT. You should be able to demonstrate that you will not become a public charge 

or be a burden on the U.S. taxpayers for financial support. A completed I-134 Affidavit of Support Form 
with original signature will be useful to the consular officer to evaluate your petitioner?s ability to be 
financially responsible for you. You should also submit your petitioner?s most recent U.S. Federal income 
tax return (Form 1040) and wage statements (Form W-2). Employment letters stating salaries and bank 
statements may be included to substantiate the I-134. Download Form I-134 at 

Hank_MalePhilippines2014-03-24 12:20:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support. Last 3 years income should be at 125% poverty guideline?

If the interview is before April 15, the U.S. Embassy Manila will want to see your 2012 income tax return and your 2012 W-2. Or, usually they will be satisfied with your 2012 tax transcript. If your 2013 tax return is available, go ahead and submit it.

If your interview is after April 15, they will want to see your 2013 tax stuff.

It's also a good idea to have on hand at the interview some recent paycheck stubs and an employer's letter. The consular officer can look at the recent paycheck stubs and determine that your 2014 income is on a trajectory to surpass 125% of the poverty guidelines.



 

Embassy instructions letter states they want the most recent tax return, if they have already filed for 2013 that is the only tax return the embassy will want. April 15th doesn't matter unless they haven't filed yet.


Hank_MalePhilippines2014-03-23 09:57:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support. Last 3 years income should be at 125% poverty guideline?

Hi,

Is it necessary that the petitioner's last three years of income be at 125%
poverty guideline? My fiance's statement for 2012 and 2013 meet the requirements.
However, his 2011 doesn't since he was still studying at that time and was only a part-time worker. Do we need a co-sponsor?

Thank you!

Ara







 

 

 

Embassy only want the most recent tax return, if you have filed for 2013 then that is only one you need, otherwise the 2012 is will do.  Emassy does NOT want the last three years of tax returns. 

 

USEM does want the petitioner's income to meet (or exceed) the 125% requirement of the I-864P.  If you fiance's income does this you do NOT need a co-sponsor.

 

Follow the embassy instructions letter, follow the flashing arrow below this post for more details.

 

Pop over to the Philippines forum for info on the process in Manila.

 

http://www.visajourn...29-philippines/


Hank_MalePhilippines2014-03-23 09:54:00
K-1 Fiance(e) Visa Process & ProceduresG325A question

What does this mean " Submit two completed and signed Forms G-325A, Biographic Information; one for you and one for your beneficiary. Except for name and signature, you do not have to repeat the information given on your Form I-129F."

 

Does it mean I only need to put my name and signature on the Form G-325A. I am the petitioner.

 

Thanks!

 

No it means you each complete and sign a G-325A.   


Hank_MalePhilippines2014-03-25 08:27:00
K-1 Fiance(e) Visa Process & ProceduresAsking about dates of forms for I-129 Package!

Hello eveyone,

Just like to ask to you guys about the dates of the forms, for example "Intent to Marry Letter", Is it okay if the date is a month earlier from the I-129F form and to the other documents that his going to file.

My fiance will visit me this month. His plan is when he comes here in the Phis., he will bring my documents/requirements and let met sign the forms that needed for my original signature. So we can save money if his going to hand carry my documents. He is going to file the application once he goes back to US.

So I'm thinking the date gap from the I-129 to Intent to Marry or to the other documents that I'm going to sign is one month gap.

Thanks to all and more power!

 

 

Not an issue.


Hank_MalePhilippines2014-03-26 08:46:00
K-1 Fiance(e) Visa Process & Procedureswidow/cenomar

My fiancee lives in Philippines and I live in US. She was married before but her husband died. Her cenomar states that she is still married although she is widowed. I am filling out the I-129f to submit. Do I need to prove that she is widowed with the initial I-129f or do I just report her as a widow? Do i need A death certificate? An official statement of widow status from Philippines? Both? I imagine that her cenomar stating that she is married would cause problems. Many thanks in advance.

 

Did your fiancee have the death certificate recorded at NSO ?   This needs to be done so that her CENOMAR/CEMAR can be updated.  The annotated CENOMAR will be needed at interview time later.

 

As for filing the I-129f, you need to include a copy of the death certificate.  Read item 7 of the I-129F instructions regarding this.

 

http://www.uscis.gov...i-129finstr.pdf


Hank_MalePhilippines2014-02-18 00:15:00
K-1 Fiance(e) Visa Process & ProceduresPregnant Fiance!

My fiancé is pregnant as a result of my visit in December 2013.  I am very excited!  I received a letter today from NVC that the petition is on its way to Manila.  Is there anything that I must do or my fiancé prior to the medical screening or interview in regards to her pregnancy to the Consulate?

 

Nope, nothing you need to do.  Your fiancee will let the staff at SLEC know during the medical ... all is good.

 

Pop over to the Philippines forum as you will get better answers relating to the process in Manila.

 

http://www.visajourn...29-philippines/


Hank_MalePhilippines2014-03-27 08:23:00
K-1 Fiance(e) Visa Process & ProceduresCo-Sponsor for Affidavit of Support Question

I am preparing everything to begin the K-1 process for my fiance, but I have a couple questions about the Affidavit of Support/Co-sponsor element:

 

I am going to be heading back to the states to go back to university and while I will get some part-time work once I arrive, I don't have anything lined up that will meet the 125% poverty line requirement. I also have some savings in a bank in America, but not enough to fulfill the requirement. 

 

Thus, I am going to ask my father to co-sponsor my fiance. He is a federal employee that makes almost 4 times the 125% poverty rate in annual income and has tax forms/pay stubs that reflect as much. However, his bank account doesn't show as much because money tends to leave the account shortly after it arrives to cover bills, mortgage, etc.  Is it necessary to show liquid assets on the the co-sponsor form? He also does not have any stocks/bonds or anything. 
.

Thank You!

 

 

Bank statements are optional, what is required is the most recent tax return (or transcript) and W-2


Hank_MalePhilippines2014-03-26 08:48:00