ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresDoes the I-134 Affidavit of Support need to be notarized?

Thanks! Yes, we are submitting the original signed I-134 with Packet 3. Likewise, I got my fiancee's birth certificate, name change certificate and her marriage certificate signed and certified by her Amphur (local government) and had them translated by a certified translation service. I also had a copy of my divorce decree notarized (certified true and correct copy).

There is nothing wrong with what you did but it wasnt required. Notaries verify signatures and have nothing to do with content of a document. It would serve no purpose to turn in someone elses divorce docs for example.
The "certification" of the translations can be done by anyone competent in both languages. The actual certification is the statement they sign indicating they are.
See the sample form I copied here. Something like this is all thats required.

Certification by Translator

I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

Signature_________________________________
Date Typed Name
Address
NingFemaleThailand2012-07-29 10:50:00
K-1 Fiance(e) Visa Process & ProceduresBaby on the way!!

My fiancé and I have submitted are K1 papers in July. We're expecting to be together (if everything goes well) in 6-8 months from the time the NOA1 was recieved. The thing is I'm pregnant with our first child and am due Dec 2. Hopefully I should be receiving my NOA2 about that time. My question is is there any way for him to be present for the birth? He's in Mexico and doesn't have any other visas. Is there any way for him to come here for the birth and a few days or weeks after to be with me and the baby? Of course he will go back to wait for the finalization of the K1 process. Any info will greatly be appreciated.

He would need a tourist visa but its very unlikely he would be granted one in this situation. The only way to ever know for sure would be to pay the fee and step up to the window. He would have to prove he will return but there is no way to do that with a USC wife and a baby in the USA.
NingFemaleThailand2012-08-11 09:19:00
K-1 Fiance(e) Visa Process & ProceduresDo you need the Affidavit for Support for I129 packet?

Is the Affidavit of Support Form I-134 and supporting documents i.e. check stubs necessary to ensure an RFE (request for evidence) does not occur? What are your thoughts on sending those forms along with the I129F packet even though it is not requested yet?

Follow the procedures for the best result. The 134 is submitted with the P 3 prior to the interview. Sending it in as you say will ensure you will need to do it again so it is current.
NingFemaleThailand2012-08-23 20:41:00
K-1 Fiance(e) Visa Process & Proceduresis my fiance a fraud?

First thing is you filed a K-1, so I-864 doesn't apply. Only the I-134 which is not legally binding like the I-864 is. If he get's the K-1 visa it only gives him a single entry visa to the U.S. with the requirement that you marry within 90 days. Afther that you file to adjust status to a conditional permanent resident status (2 year green card)

It's your call, but the fact he has applied for 7 tourist visas, and was denied, sounds like he is more interested in coming to the U.S. than being married to you.

Best bet is to contact the consulate in Kingston, and tell them you are no longer wanting to continue with the process. Better to find out now than later.

This is the voice of reason. Please listen, do what Karee suggests and do it now.
NingFemaleThailand2012-08-24 21:36:00
K-1 Fiance(e) Visa Process & ProceduresFiance with a B1B2 Visa BCC

Hello, i'm trying to find information on this question. My fiance already has a B1B2 Visa BCC (Border Crossing Card) from Mexico. Can she enter in the U.S. and we get married then apply for a AOS(adjustment of status), or do i need to apply for a K-1 Fiance visa for her and go through those steps?

What you asked would be fraudlent use of the tourist visa if you followed that plan. She can use the tourist visa to enter the USA and be married but she must return to Mexico. You would then file for a C R 1 visa for her which would result in a visa with a green card.
NingFemaleThailand2012-08-25 22:00:00
K-1 Fiance(e) Visa Process & ProceduresBurmese living in Thailand

Thanks everyone for the replies and information. I did not know about the requirement of the childs bio dad for permission to leave the country. They have not seen or heard from him in 2 or 3 years, he was a domestic abuser, and after the last time he beat her unconscious, she left with the baby to stay with her sister. He is now back in Myanmar.

I will try and find out her exact situation with regards to her living and working in Thailand. I know she is not an angel, but she is a good woman and I am willing to take the time to do things right even if it takes a while.

Thanks again for the info.

Her living in Thailand will impact what you both will have to do to have any chance of them ever being granted visas. No matter where she tries to get the visa from she will need a Thai police report at some point. In reality what she has done is nothing new in that part of the world. Citizens of Myanamar living illeagly in Thailand is a common problem. It doesnt mean she is a bad person as much as how bad things are in Myanmar.
To do things right she will have to be in Myanmar. She can use the courts there to obtain a court order that may satisfy the embassies requirement that would allow the child to leave. She wont leave the child so you might as well start there. This will never happen in Thailand.
Time is what you will need for sure. You are looking at many months to several years depending on your ability to deal with all the different aspects. You are going to spend a lot of time and thousands of dollars but you can do it if you follow the policies and procedures of USCIS including the designated embassy.
NingFemaleThailand2012-09-07 18:23:00
K-1 Fiance(e) Visa Process & ProceduresBurmese living in Thailand

The tricky thing about Thai police clearance is that you have to show that you were a resident there, my fiancé had a Student Visa, so that was the proof. If you had a work visa you could use that. But in this case, since she is there illegally, she's going to have a hard time showing a document that showed she was in Thailand legally. In which case I'm not sure that they will grant the police report. Just her being there illegally isn't going to be a huge deal for the American Embassy probably. But she'll need that clearance, and the Thai police might be reluctant to give it. I still think even the crimes she was arrested for that you listed won't be an issue as they don't involve drugs and things like that. But it's going to be complicated for sure.

And yes, if she applies in person, they're going to ask to see visa at the Thai Police Clearance.

The fact that she is there illegaly will certianly be a huge factor. She has a child. That child is a citizen of another country. She and the child are without a doubt living there illegaly. She has been in jail twice for crimes. You have suggested twice she just walks into the poice station to see what happens. That is reckless in Thailand with what has happened. She may not come out again for a long time. Her boss bought her freedom last time. Why do you suppose they let her go?
The tricky thing about the police report is the fact she cant show anything they require to get one.
The huge deal for her is the child and the fact that she isnt a Thai citizen and neither is the child. The embassy will not grant them a visa under the circumstances the O P stated.
Complicated? Yes it certianly is.
NingFemaleThailand2012-09-06 08:16:00
K-1 Fiance(e) Visa Process & ProceduresBurmese living in Thailand

We got police Thai clearance, and most certainly didn't have to supply the bio page from me, the USC. Here's the link to information about obtaining Thai police clearance:

http://bangkok.usemb...policeapr09.pdf

You may not have and I didnt but in at least 4 recent cases the police insisted on the USCs bio page.
NingFemaleThailand2012-09-06 08:06:00
K-1 Fiance(e) Visa Process & ProceduresBurmese living in Thailand

That is because I am not the original poster. Nonetheless, I was asking you why you would tell the OP that he would not be working Thailand. Plenty of foreigners legally live and work there.

I would think that people realize its possible to legally live and work in Thailand. You seem to to have done it. I am not sure how what you did relates to the O P or his unique situation. My comments were meant to inform him in the context that I understand his situation. He is seemingly thinking of moving to Thailand out of desperation rather than a viable plan.
Why not explain to him what you did to obtain the work visa and job there. Maybe he can follow your example. How exactly does your situation relate to his? He will need your advice as a USC on living and working in Thailand.
NingFemaleThailand2012-09-05 19:41:00
K-1 Fiance(e) Visa Process & ProceduresBurmese living in Thailand

If she were to go back to Myanmar, the fact that she was in Thailand illegally shouldn't hurt her. And the fact that she was working there illegally won't be a problem as well. The US Embassy won't be asking her for work visas, or probably asking her to see any kind of visa related to her stay in Thailand. My fiancé lived in Thailand for two years (she's from Philippines) and she worked a bit there as well. It never came up. But she didn't have a student visa to be there. But they never asked to see her old passport that would have had all the stamps relating to her stay in Thailand.

As to the other two issues, that is for sure where it gets tricky.

Since she has lived in Thailand, she's going to have to produce a police report from Thailand. I'd highly recommend she go and do that soon, if you're even thinking about bringing her here. That way, you will see what shows up on the police report. But here's the thing, if she is there illegally, wouldn't they have deported her on one of her arrests? Are you sure she's there illegally? I suppose the risk in her attempting to get the police report now is that if she IS there illegally, it could cause problems. But it would be nice to know if in fact her stays in the jail will show up on the police report. I would think so, but you never know. Depending on where it was, how many were brought in, if the police were just looking for bail and kickbacks from her boss, it might never have been entered into the system, in which case, no problem for you!

If she DOES have a police record in Thailand, it won't be for a crime that would disqualify her I wouldn't think, but you might need a lawyer to help out, as it will be for sure more complicated. And you'll need to know if she has any issues back in Myanmar that you need to know about too.

As for her son, yes, it's complicated too by needing her father's permission, and you need to know the rules in Myanmar about such things.

All in all, it would be easier for her if she was in Myanmar to handle all of this for sure.

It's a complicated case, but if you really love her, don't assume it can't be done!

If she trys to get the Thai police report she will have to produce a NOA 1 - 2 or P 3 letter from the US embassy as well as a copy of the USCs passport bio page. Because she cant do this she will need to be very careful in her actions or she will end up being deported or buying her way out of the police station if shes lucky. I hope those that advise this realize what she may have to endure in a Thai jail. As an illegal with a child she will be sorry and helpless. The OP will need to know how to hire a Thai lawyer and have his bank account full to get her out. Her last stay cost 700 bucks; this one will be considerably more I assure you.
If she did get the police report it will show her crimes. The embassy will review that and realize she is an illegal. Lying about anything will end her chances of being granted a visa.
The rules about children are applied by all embassies. The Myanmar courts may be different than others when it comes to getting a court order but it is critical that the O P begins with the embassies procedures and policies where ever he decides to attempt this extraction of a child.
There is a reason this women fled to Thailand risking both her freedom and that of her child. I doubt she will return just to see what will happen because she knows what could and probably will happen. Should she take a chance? What will happen to the child if she is wrong?
NingFemaleThailand2012-09-03 10:31:00
K-1 Fiance(e) Visa Process & ProceduresBurmese living in Thailand

How come? I legally lived and worked in Thailand.

I dont see that in your OP but since you have you know exactly what you are doing and should leave asap. Just make sure you know enough about Thailand to be ready if they deport her one of these days.
NingFemaleThailand2012-09-03 09:57:00
K-1 Fiance(e) Visa Process & ProceduresBurmese living in Thailand

Hi and thanks for reading. I would like to think about bringing my girlfriend to the USA on a fiance Visa. I was born and raised in the USA. She is my girlfriend of 5 months and was born and raised in Myanmar (Burma) but is living in Thailand and has a Thai ID, but I am not sure if she is living there legally. Her whole family of sisters lives in Thailand, not sure if they are there legally either. My gf has a son in Thailand that was born in Myanmar but has lived 4 years in Thailand.

My questions are this... since Im pretty sure she is living in Thailand without permission, will my attempts at bringing her to the USA be futile? I am tempted to tell her to take her son and go back and live in Myanmar for a while, maybe a year, and then maybe we could apply for her as a Burmese citizen. Ideally I would like to apply now, but not sure how the US embassy would think about the fact that she has been living and working in Thailand for 5 years without papers. They might think she will do the same in the USA.

One more little twist. She was working in a Tshirt shop in Thailand that sold copies, and she was arrested and thrown in jail twice over 4 years she worked there when the shop was raided. She had to spend one night in jail and her boss bailed her out for around $700US. Will this criminal record hurt her in addition to the other problems?

Should I just give up and go live in Thailand with her? I stayed with her for 3 months earlier this year, and we got along great, we even talked marriage. I adore her son and he loves me too.

Thanks for your help.

This needs to begin with the situation surrounding the child. This child will not be issued a visa with out the bio fathers permission or possibly a court order. Thai courts arent going to deal with citizens of Myanmar. Especially those that are illegals.
You need to check with the embassy to find out exactly what they will require for the child. Prepare your self for some difficult news. This is a serious situation. You may not have to worry about the rest of this after you get info from them.
Two trips to Thai jails isnt going to help as the case develops. Working ilegally while commiting crimes isnt a good idea in Thailand. This will surface with the required police report. She wont have to worry about working in the USA.
Should you live in Thailand? Sure if you understand you wont be working there and you will need to learn to live as a Thai unless you are wealthy. Study the Thai economy carefully. Understand it wont take much for her to be deported at any time.
It may prove a lot easier to try to get she and the child out of Myanmar but it will take a long time and cost plenty.

Edited by Ning, 31 August 2012 - 05:47 PM.

NingFemaleThailand2012-08-31 17:40:00
K-1 Fiance(e) Visa Process & ProceduresFiance visit the US from Philippines

I have been waiting for what seems like a lifetime for my NOA2. Does anyone know if my fiance (from the Philippines) come here to the US and visit me? And if so how long does it take for her vacation visa to be approved?

You have been warned enough that she wont be issued a tourist visa and I agree with that advice. What hasnt been said is that even if she somehow got such a visa she could be denied entry at the POE when they saw that there is a K 1 pending.
NingFemaleThailand2012-09-15 20:01:00
K-1 Fiance(e) Visa Process & ProceduresNotarized documents

I'm preparing my K1 visa application. Do some forms need to be notarized? If
so which forms. Thanks for your help

Its not required because notaries simply verify signatures having nothing to do with content.
NingFemaleThailand2012-09-21 20:00:00
K-1 Fiance(e) Visa Process & ProceduresVisa Fee - Bangkok

Is it mandatory to send the visa fee receipt with packet 3 to Bangkok embassy before obtaining an interview date? If we don't send the receipt will we still get an appointment. We will be out of the country until we know when the interview is scheduled and wanted to send the packet 3 from there. We have all the necessary documents to send as a response to packet 3 except the visa fee which the post office refused to accept today without the embassy BNK file number.

Send in P 3 with a note that she will hand carry the reciept on interview day. If she didnt they would simply not issue the visa until she did so but she would still interview.
NingFemaleThailand2012-10-03 08:00:00
K-1 Fiance(e) Visa Process & ProceduresWhat Tax year will we need to present bring our son to the US?

Well he did help a little but I am still confused about this part which has yet to be addressed:

Anh Map said "Most recent year's tax return is needed for a self employed person." And I understand that. However; that's not the real question I had asked.

So then; the date on which they ask for my tax return, is the determining factor of which year is most recent, right? In other words; if they ask this December (2012) then; 2011 would be the most recent tax return. Can we slow things down so that the 2012 would become the most recent?

So; if they were to ask in Dec 2012, could I simply wait until Jan 2013 to respond? I would submit my tax return early in January so that the 2012 becomes the most recent. Or; will they still demand the 2011 income even if we wait until after I've filed the 2012?

I want to wait until Jan 2013 to respond (after I've filed the 2012 tax return), so that the 2012 return would be the most current.

Can I do that?

I am trying to avoid the 2011 taxes because that might not qualify. I know for certain that the 2012 income will qualify.

If I know that they will still demand 2011 taxes then I might need to omit some deductions and pay a little more for the 2011 taxes. However; If I know that I can use the 2012 taxes, then I can correctly take all of my 2011 deductions and not be forced to pay more than I truly owe.

I am not behind on any taxes and that is not a concern. My taxes are in order to date.

Yes I think that would be allowed with no problem. The most recent income matters most so you should be fine by doing what you say.
NingFemaleThailand2012-10-08 17:46:00
K-1 Fiance(e) Visa Process & ProceduresWhat Tax year will we need to present bring our son to the US?

Thank you Ning, you've been so helpful in that past and are a true credit to this website.

To be honest; My wife is the one who has those concerns under control. She knows the procedures and requirements much better than I, and she has completed all that work. She did all the paperwork that got her here. She put together the package to the USCIS that we sent in July to apply for her son to come here.

However; She does not know the answers to the questions I am asking, hence my return to this wonderful and informative site.

I can tell you that he is 10 years old. Does that help in answering the question of which tax year will be required?

I think Anh Map gave you the answer about the tax returns. Just send them a transcript of the most recent year you filed. Your taxes need to be in order as you probably know. If you fall into the coming tax year you could still use 2012. The childs age doesnt matter when it comes to the taxes. They are simply used to determine your income and see that you dont owe back taxes.
Your wife has done a good job in dealing with her own visa requirements. I just hope she knows what the embassy requires when it comes to the child. Everything is the same except for the permission from the biological father that is required. This is done by submitting a letter in Thai and English that is signed by the father or in some cases by submitting a court order from a Thai court. In a few cases I helped with the embassy insisted the father be interviewed as well as the child.
I bring up this info in hopes that whatever needs to be done has been done or if not action will be taken in these matters. If this info isnt known it can cause many problems at a bad time in the course of planning events.
NingFemaleThailand2012-10-08 15:19:00
K-1 Fiance(e) Visa Process & ProceduresWhat Tax year will we need to present bring our son to the US?

I married a wonderful Thai woman about a year ago, we had her interview she has her green card and everything is fine as far as her staying here in the US.

I am self employed and did not qualify to bring her here on my own. We needed a joint sponsor and that all worked out fine. (lucky us)

In July 2012 we filed with the USCIS to bring her son here. I made a little more money in 2011 and allot more so far in 2012. Plus she has been working here for 2012 so with all that I am certain we will qualify using 2012 income.

I am wondering, if her sons interview is in March 2013 will they accept the 2012 taxes as our income? Or; is there another form that I may need to fill out, (possibly before the interview), using the 2011 taxes. We are not sure of the 2011 income being enough to qualify. I filed an extension and have not yet filed the 2011 taxes so I am not sure if I would qualify or not. I am sure I would qualify using the 2012 income as reported on our taxes.

Now; my wife's interview was Jan 2011 and they wanted the 2010 taxes for the income. (I had not made enough in 2010 so the joint sponsor came in to save the day)


Any help?

You dont mention the childs age nor acknowledge the need to satisfy the embassy requirements for granting a visa to a child. I hope you are aware of what has to be done and do it in time to allow the interview to be done.
NingFemaleThailand2012-10-08 14:30:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa 6 Months..Do I Contact my Senator Or Congressman?

Can someone please tell me who am i suppose to contact. is it my congressman or senator.

Thank you.



This is for a k1 visa I129f Fiance

You can ask either one to try to help but dont expect much. Find the web site for one of them and then send in the form you will find there. There is a reason they all have a staff member trained to placate the public.
NingFemaleThailand2012-10-09 13:47:00
K-1 Fiance(e) Visa Process & ProceduresInterview date changed

My Fiance's interview for the K1 Visa was for January 16, 2013. That was a ways away but we were happy to have an interview. I bought airline tickets to join him in Ankara even though I can not go to the interview. Because this is all taking so long it was just nice to spend some time together.Make a little vacation out of it. He also bought his tickets from Iran to Ankara as the price of the dollar is changing minute by minute. On Thursday I get a one line e-mail stating the interview is being changed to Oct 18th. One week away!!The e-mail looked so unofficial that I called my attorney to check and see if it was real as they say you can not call the embassy. I sent a e-mail on Thursday to them and still have heard nothing. Has anyone else experienced anything like this? I could almost be happy about it except of the lost money and the fact that based on the interview dates my fiance made a job commitment that he feels obligated to finish. Of course he is going. More money spent on new airline tickets, of course the ones we have are non refundable/transferable and more hotel reservations and I can not go and so more time until we see each other. There will be advanced processing. I just was wondering if this is something that happens often to put you off guard. I could see a week or so change but 3 months? Your thoughts

If you suspect anything is wrong I suggest you contact the American services department of the embassy. Direct the email to the duty officer asking them to assist you. They will not do any work on the visa itself but they will help you figure out if something is wrong with the email you question.
You could also ask the embassy to give him an interview date closer to what was expected even if they had tried to give him one sooner. You are also correct in thinking there may be A P after the interview. This happens in many of these cases in that part of the world and can take many months.
NingFemaleThailand2012-10-13 21:07:00
K-1 Fiance(e) Visa Process & Proceduresfor my fiancee interview

So getting a notary doesn't matter really? and well i myself don't have any tax information to submit(havent held a job more then 5 months in the past couple years) a friend of mine hired me part time after finding out about my fiancee, and said he would put me on full time when she gets here. this is why im relying on all the information the co sponsor is submitting with their affidavit.

A notary asks people to identify themselves before they sign a document. They dont care nor even read what is on the docs. They verify the signatures at the bottom. No it doesnt matter for these affidavits because anyone could have written any one of them. It doesnt hurt to send them in but it may not help either.
I hope you have verified with your embassy that they will allow the use of a cosponsor. Some do some dont.
If one is allowed they will submit as you must all the required documents. Affidavits are not required.
NingFemaleThailand2012-10-19 22:41:00
K-1 Fiance(e) Visa Process & Proceduresfor my fiancee interview

I could only find my last jobs pays stubs and one from a job 4 years ago. I just started a new job and will be submitting one copy of my first check i received. My fiancees' co- sponsors will be submitting more information although i just found out they forgot to notarize the affidavit( im not sure if they have to notarize anything but i will let them know to be safe. So my question is should i send my fiancee copies of my old jobs pay stubs? some of them were mentioned on my g-325a.

Also do i need to send her only my most recent bank statement?


Thank you for any help on the matter.

A notary simply verifies signatures on a documemnt. They have nothing to do with content. Affidavits are almost worthless because anyone can say anything without fear of anyone ever checking the value of the statement.
Old job pay stubs are basicly worthless. The question is what is your current ability to support the fiancee.
Hopefully you will submit a recent tax transcript to verify your income and tax status.
Recent bank statement is fine if it indicates year to date deposits and withdrawals.
NingFemaleThailand2012-10-19 21:45:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about the interview process

Petitioners in fiancé(e) (K1) nonimmigrant visa cases are generally expected to provide the adequacy of their own financial resources to ensure that an alien, after admission into the United States, will not become primarily dependent on the US Government for subsistence. While our immigration law does not disallow joint sponsorships for K nonimmigrant visa applicants, the mere submission of an I-134 Affidavit of Support from joint sponsors is not sufficient to establish that the alien is not likely to become a public charge. Accordingly, we make a thorough evaluation of other factors, such as the sponsor's motives in submitting the Form I-134, the sponsor's relationship to the applicant or petitioner, the length of time the sponsor and applicant have known each other, etc. An I-134 Affidavit of Support submitted by a casual friend or distant relative who has little or no personal knowledge of the applicant has limited value. Unlike the I-864 filed by joint sponsors in immigrant visa cases, the I-134 is not legally binding and imposes no legal obligation on the joint sponsor to make good on his or her promises. Please be assured that we look at the totality of circumstances in assessing the credibility of joint sponsorships.

Thanks. Still this seems to indicate they will allow the submission of the 134 but find it useless as proof the alien wont become a public charge. It looks like to be of any value the co sponsor must fit a certian criteria or they wont approve that case. I suppose thats where the 50% comes from if 50% is actually true.
NingFemaleThailand2012-10-21 18:05:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about the interview process

^^^ You have been misinformed.

First, the U.S. Embassy Manila (USEM), in their own words, allows joint sponsors for K-1'ers on a case-by-case basis. Based upon what I've seen here on VJ during the past four years, the USEM has allowed joint sponsors in K-1 cases at least 50% of the time, if not more. I personally know three K-1 couples who have used a joint sponsor at the USEM.

Second, the USEM almost always allows petitioners to attend their beneficiary's K-1 interview. It's rare that they don't.

@MarcoAndMaria...Since you are using a joint sponsor, I recommend that you attend your beneficiary's interview.

Can you tell me where to find the part where it says " in their own words" that they allow joint sponsors for K 1 cases?
NingFemaleThailand2012-10-21 17:39:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about the interview process

^^^ You have been misinformed.

First, the U.S. Embassy Manila (USEM), in their own words, allows joint sponsors for K-1'ers on a case-by-case basis. Based upon what I've seen here on VJ during the past four years, the USEM has allowed joint sponsors in K-1 cases at least 50% of the time, if not more. I personally know three K-1 couples who have used a joint sponsor at the USEM.

Second, the USEM almost always allows petitioners to attend their beneficiary's K-1 interview. It's rare that they don't.

@MarcoAndMaria...Since you are using a joint sponsor, I recommend that you attend your beneficiary's interview.

That isnt the way I saw it but lets hope you are right. Now how does she prove he wont become a public charge as she say she can at the interview? What can she do to sway the decision? I didnt know they would interview her as well.
NingFemaleThailand2012-10-21 16:36:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about the interview process

Hey you beautiful people!

I was just wondering is the petitioner can join the interview with their beneficiary?
I was wondering, mostly because we will use a co sponser for the k1 visa and I know that the embassy in manila is really tough on that... so i was wondering can i join my fiance during his interview? so I can prove my point that he would not become a public charge? My fiance isn't really strong in speaking english...

My mother is the cosponser and im studying nursing in the philippines

Manila almost never allows co sponsors for K 1s. They also dont allow others to attend the interview. You can prove he wont become a public charge by following the procedures to do so which is why they exist.
NingFemaleThailand2012-10-21 14:25:00
K-1 Fiance(e) Visa Process & ProceduresJ-1 to K-1 or other

She may very well have a job she can get and or strong ties we don't know of, of course we are not getting the full story when someone posts here, maybe he can/ is willing to marry now, maybe his fiance is willing to stay with her J visa family, maybe they could both live in Thailand, who knows.

Either way the OP has been given a few options to choose from, I always like to walk the line of cautiousness and I don't think I would marry after 6 months but the again I did not take long too marry my husband :)

Good luck OP!

All we know is what they tell us.
I am afraid you just dont understand the situation in Thailand when it comes to obtaining a tourist visa. The history of fraud there that continues to grow makes it all most impossible to get a tourist visa for most people.
Having a job there isnt going to help when you accept the fact that we make on average about 300 dollars per month if we work 7 days and 12 hours per day. Its pretty easy to leave that behind.
I am sure you are just trying to help and do it with the caution you speak of. Me? I am a realist. I think its best to tell them what they need to know so they make an informed decision in a difficult situation.
Its nice to think he can just move to Thailand. But its far from a movie set. He will then have his own visa problems. He cant work. He cant speak the language. He will soon become bored. He will feel lost. She will be working so much they wont have to worry about the quality of the realtionship. But its a great place that he may enjoy. I doubt we will read that he is moving.
NingFemaleThailand2012-07-19 23:52:00
K-1 Fiance(e) Visa Process & ProceduresJ-1 to K-1 or other

I don't think its fair to tell someone "its a mistake" if she went home.

For some, knowing someone for 6 months is not enough to get married.

He has been given many options, mine were focusing primarily on the fact he wants to live with his fiance before marriage and the fact she appears to not want to stay with her J visa employer.

Either way OP good luck, feel free to give me a PM if you would like to discuss ANY options further :)

I didnt say as you quoted " its a mistake" if she went home. I said " he decided he made a mistake". That mistake would only be known if she left. I have to assume from his post that is exactly what he doesnt want. Hes trying to buy time but he cant do it by her trying to get a tourist visa. She cant even attempt that from inside the USA. This means she is leaving the USA no matter what she does unless they marry.
Its my opinion that she wont get a tourist visa based on the difficulty in Thailand and her travel, work history in the USA. If she tells the truth and she must they will deny her. As you say there is nothing stopping her from trying to get the tourist visa. She just wont be granted one.
What do you think she should say at her interview when they ask the reason for her request? How will she prove her ties to Thailand after living and working in the USA. What about the USC B F or fiance? Seriously what should she tell them? Your answers may be key to success. A tourist visa isnt designed to allow people to live together as they try to decide what to do.

Edited by Ning, 19 July 2012 - 09:40 AM.

NingFemaleThailand2012-07-19 09:37:00
K-1 Fiance(e) Visa Process & ProceduresJ-1 to K-1 or other

He said he doesn't want to rush things, he said she does not really like the family / ie she probably wont want to stay on the J visa.

Advising him to get married may not be the right thing to do as he said he doesn't want to get married yet.

Edit: if the moderators don't think this is the right forum then they will move it, don't worry!

Edit edit:
You asked what you should do? I would try the B visa and then go from there unless you want to marry now and or are sure that's what you want.

If you are sure you want to marry, you can marry now and file for AOS or marry at the end of the J visa (if she can stick it out at the home) as the above poster said.

If your fiance plans to go back to Thailand you could continue your relationship and maybe take an extended trip there or something similar to make sure you want to marry etc; if your fiance returns to to Thailand you can marry there and file for CR-1 or file for the K-1 if you get engaged but not married.

Attempting to get a tourist visa is bad advise if you know how difficult that is when you are talking about Thailand. Especially if she told the truth about her need for the visa. They would never grant it. When they checked her past history of working in the USA it would have a huge affect on her ability. Of course she has to be in Thailand to even consider any visa.
They may not want to marry and I suppose only they would know for sure. If he doesnt want to do that he will have to say goodbye to her for a long time. He must know that or he wouldnt have asked the questions. Note he says he wants to marry in the spring then says they dont want to rush.
This is pretty simple really. Either marry her and she stays or she leaves when ever & he then decides he made a mistake and files for the K 1. If that takes place he will see her in the USA again about one year later. Or he can travel to Thailand to marry and then file for the C R 1. That puts him way down the road.
Sometimes people just have to figure out what they want and do it.
NingFemaleThailand2012-07-18 23:29:00
K-1 Fiance(e) Visa Process & ProceduresJ-1 to K-1 or other

Get married and file AOS. You don't need file K or CR-1. She has 10 months left on J, right, + 1 month after this. That gives you 11 months, in time for spring to be married.

She doesnt need nor can she get another visa from inside the USA. I agree with the advise here. If you decide to marry then you would simply file the AOS ( adjustment of status ) for her. This would result in a meeting with USCIS and therefore a green card.
NingFemaleThailand2012-07-18 20:43:00
K-1 Fiance(e) Visa Process & ProceduresFiancee visa denied Phnom Penh

Red Flag must be there. From what you told us here, it seems to be OK. But there must be something more. Filing again without knowing the reason for refusal would not help. I know it's tough.
For god sake, if they refuse my wife visa I would fly and live there for 6 months and do DCF.

The transfer of the money was not a good idea even though the intention was sound.
What happened here will have nothing to do with your case in that it is a C R 1. Before you decide to try the DCF route you may want to see if they do DCF in Cambodia. If so you must be a legal resident there not just live there.
NingFemaleThailand2012-06-07 17:38:00
K-1 Fiance(e) Visa Process & ProceduresFiancee visa denied Phnom Penh

hi all, I just got back from Cambodia 2 week after my fiancee interview date i was there for the interview to didn't help. We had an appointment on May the 16th 2012. We went in got our number submitted our evidence which were call record, money wife transfer, pictures of our engagment ceremony and picture of us going out places. Paid our fee and got to the prelimenary questioning window. The OC asked my fiancee a few question where i live, who i live with, where i work, name of my company. My fiancee answer all the question spot on. Then the OC asked me to the window and ask me a few question how many sister does my fiancee have, name of her sisters, what my wife does on her free time. Then told me to sit back down and asked my wife a few more question what i did on my free time. Nothing to do with how long we met or how we met then asked me to come back to the window and told us she couldn't issue her a visa cause she didn't believe my fiancee love for me was genuine that my fiancee only want to immigrate to the US not cause she love me. She told me i can either re-apply for K-1 visa petition for her again or get marry and do the marry petition. Age difference is about 13 years I'm not sure if that played a part in it she is only 21 and i'm 33 about to be 34. Call record had calls record at least twice a week every week from September 2011 to April 2012, Wire transfer from western union had at least 500 each month same time frame and plenty of picture of us together with her family to. Question is what should i do now just re-apply for another k-1 for her or go back and get marry and do the k-3? Thanks any advise would be grateful.

Cambodia is always difficult from what I have seen. The 500 per month was probably a huge red flag. Trying the K 1 again would be a mistake I think because it wont change the situation except for the timing.
Forget the K 3. Look into the C R 1 which you could do if you get married. This would give yo a much better chance to succeed.
NingFemaleThailand2012-06-06 21:13:00
K-1 Fiance(e) Visa Process & Proceduresstudent receving unemployment & foodstamp benefits will it affect the k1 visa

Ning, thanks for your responses,.but I'm not looking for someone to do the work otherwise I'll be hiring a lawyer instead of being on VJ. I'm looking for answers to prevent possible delays in filing. Also, I'm new to VJ so don't know how this posting stuff works. Now I know I can read other posts and hope to find my answer or just post my questions to be answered. The answer I'm seeking isn't on the guideline of the k1 otherwise I wouldn't post any post in the first place. Anyways, thanks again for contributing to my post. God bless.

I made a mistake when I responded by responding to the wrong post with what I said. I am sorry for the confusion on my part.
NingFemaleThailand2012-12-10 17:18:00
K-1 Fiance(e) Visa Process & Proceduresstudent receving unemployment & foodstamp benefits will it affect the k1 visa

Thank you. I want to file the 129F form and I want to Know if Ghana consulate will and willing to accept the 134 form before we can begin the filing.

It seems what you really want is someone to do the case work for you. The guides for example have a flow chart indicating exactly what is done. Follow that example. You will see that as I said before you can file the initial petition right now because the 134 is sent as part of the P 3 which is requested by the embassy months from now just prior to the interview.
If the embassy in Ghana would not accept the 134 form for a K 1 case what would they do in these cases? There are procedures to understand and follow to do what you want. Use them.
NingFemaleThailand2012-12-10 08:08:00
K-1 Fiance(e) Visa Process & Proceduresstudent receving unemployment & foodstamp benefits will it affect the k1 visa

My Dear VJ Friends,

I have very important questions for you before I begin the application process. Do they accept the 130 form for the K1 fiance visa affidavit of support in Accra Ghana? I want to make certain before we begin the application process. I am the petitioner who live in Connecticut USA and my significant other lives in Ghana. I heard if they don't accept the form, I will be wasting my time and I want to prevent this from happening.

Thanks

What is important is that you read the "guides" at the top of the home page here on V J. You are very confused right now. For example the 130 is not the support form.
The support form is filed much later and is part of the " packet 3 " which is requested by the embassy prior to the interview. For a K 1 you will use the 134 as the support form.
NingFemaleThailand2012-12-09 10:59:00
K-1 Fiance(e) Visa Process & ProceduresEmbassy is ignoring my affidavit of support, any suggestions?

100% agree with Ning. It's rare, but I have seen co-sponsors allowed when the petitioner is a student when filing I-134 at the BKK consulate. You just need a good reason. Apparently in BKK being a student is a good reason.

In the cases I was involved with I helped the USC construct a letter indicating there was a plan in place that was spelled out to show exactly how support would be provided until the student graduated and could go to work. This included present income and projected income with sources and related expenses. I had them include info about where they would live in the immediate and future situations. I tried to cover everything a C O would question. Each of the cases were approved.
NingFemaleThailand2012-12-21 19:12:00
K-1 Fiance(e) Visa Process & ProceduresEmbassy is ignoring my affidavit of support, any suggestions?

1. Bangkok does not accept co-sponsors for K-1s. College benefits are not considered income/assets EXCEPT specific housing allowances which MAY be considered, I doubt Bangkok would.
2. Cash in the bank is not always counted as an asset because it can easily appear and disappear. It is up to the consulate whether to cosider an asset or not. At any rate, $40,000 in cash is not enough, it would need to be closer to $60,000 to meet the quaification
3. Working for the embassy will make no difference

One option often used for couples in Thailand is for them to get married in Thailand and then fole an I-130. For this visa the Affidavit of Support is handled by NVC, not the consulate in Bangkok and they DO accept co-sponsors.

Bangkok has accepted co sponsors. It has been done in 3 cases I helped with where the USC was a college student. It has been done in other cases reported here on V J as well.
NingFemaleThailand2012-12-21 18:32:00
K-1 Fiance(e) Visa Process & ProceduresEmbassy is ignoring my affidavit of support, any suggestions?

Advice...is listen to other advices.I haven't been in such situation and can't say exactly what to do...but there is no way back as I understand here.They can try add these documents and letter from dad that he agreed to be their co-sponsor.If it won't work..then K-3 visa.

Ok but I hope he knows the K 3 is obsolete therefore wont happen. Best to understand the process and procedures as they apply to specifc embassies for these situations.
As far as I know from my own involvement in such cases simply stating he is a student isnt enough. A student has limited income and in fact as we see in this case his income is from U S govt sources. That income is intended to be used solely for his education and is probably less than his expenses for a month. The embassy must be satisfied that he can generate income that supports the immigrant.
NingFemaleThailand2012-12-21 14:30:00
K-1 Fiance(e) Visa Process & ProceduresEmbassy is ignoring my affidavit of support, any suggestions?

I know what country we are talking about and i know about rules in Thailand.Just if there are exceptions for students ...they may try it now...To have co-sponsor.

Ok. Then what is your exact advise as to how exactly he should present his case because a mistake will result in a denial. That denial will be final.
The exceptions for students is rare.
NingFemaleThailand2012-12-21 12:49:00
K-1 Fiance(e) Visa Process & ProceduresEmbassy is ignoring my affidavit of support, any suggestions?

If you chose your father as a co-sponsor ..he needs to fill out separate Affidative of support, and also you should add here his passport copy and birth certificate,letter about relationship between co-sponsor and you (friend,relative) and letter from work where his salary will be written.In Russia embassy accepts co-sponsor's affidatives of support.
Sometimes place of work makes troubles of getting visa.Good luck to you!

Mistaking Thailand for Russia is a very bad idea. This info is totaly and completely wrong.
NingFemaleThailand2012-12-21 12:23:00