ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresFiring my attorney, where do I go from here?

I hope I am posting this in the right place.
So far here's my scoop. I filed I-129F 5/9/11.
RFE was in July and I submitted RFE right back to USCIS.
Now waiting for our NOA2.
Here's our problem. We hired Allan S. Lolly to do our paper work. We had read over the process of the k-1 and it
seemed over whelming at the time so we entrusted our papers to the atty. First, it took them 6 weeks from the time
they sent us the I-129F forms to complete till they finally submitted them to the USCIS. We never talked to them over the phone
but they would only communicate via email. This dragged things out by weeks. Second, they lost our check to submit the I-129 form and
they never told us, and when we called to see if the forms were submitted they didn't tell us they lost the check but that they were waiting
for us to send it. Ya, right. I emailed them and told them the day we had sent it and to be expecting it. This was another delay.

Then after they submitted the forms with our evidence of relationship, which consisted of facebook profiles of us writing back and forth, emails,
phone records,bank account statements showing rick had been here and we opened a joint account, gas receipts from Rick's travels, toll booth
receipts and lots of photos, we get a RFE. We didn't know why this would happen. This attorney was not clear about anything. Unfortunately Rick
and I did not find VJ till just this month, and had we of found it sooner I am sure a lot of our confusion about this process would not of been a problem.

After reading and understanding the difference between Primary evidence and Secondary evidence, we can see that we didn't' have enough if any primary
evidence and the attorney should have known this. Rick and I live only 8 hours from each other, so he drives here monthly.
So WHY did he not tell us before he submitted our evidence that we needed dates on our photo's. This
is what the RFE asked for when we got it back.
So, we submitted the photo's again but this time date and time stamped. They send us a email saying they were concerned about our evidence.I was so upset
at this point, I called them crying and stressed out and asked them why they are having a problem with what I just sent them. ( I by the way did not get to talk to the
attorney, but only the girl who answered the phone and forwarded my info to him) When they emailed me back finally, I told them I had submitted the info they asked for.
They checked into this and said, yes, I was correct and I sent them exactly what they needed and they apologized and said the attorney just didn't look at all the photo's.
( Just for the record, I enlarged the font size of the date and time so that it couldn't be missed, but I guess they missed it anyway.). Oh, ya, one more thing.
The attorney said that I am going to need a co-sponsor for Rick because I am unemployed here in the U.S. and told his assistant to send me the I-864 form. I HAVE READ ENOUGH
TO KNOW FROM VJ THAT THIS FORM IS FOR FILLING OUT AFTER AOS AND THAT THE I-134 form is the one we need now. Is this correct? I feel so upset right now because
this attorney seems to not give a darn about the fact that his mistakes can and could cost my fiance to be denied.
SO, HERE IS MY QUESTION:
What exactly do I have to do to fire my attorney and ask him to stop all work on our case, and then how do I go about contacting the USCIS so that they don't send anything more
to my attorney. I am planning on using the I-134 form and this I believe I bring with us to the interview, signed and notarized.
They have made this out to look like my fiance will come here and suck up off the government. Little do they know that Rick has 2 full time jobs in canada. One which he owns which is a 3rd shift cleaning company. Owning his own company may not help him to prove he has never been a slacker nor will he be. He has worked 7 days a week for years.
Ok, thanks for reading and helping in anyway you can. I trust the VJ members to give me sound and clear direction on this matter.

To fire the lawyer you would email them since you have said they dont have or use a phone. I would contact the bar association to let them know what took place. Call USCIS to find out how to notify them.
The 134 doesnt need to be notarized. You can try using the 134 for your co sponsor but they may ask for an 864 due to circumstances. Your 134 is signed by you & submitted by him. Check to see if you as a USC are allowed at the interview.
I dont know what you mean by they made it look like he will " suck up off the govt". His work background in Canada will have little to do with his actions here. With a K 1 he wont be working at all for some time. This is exactly why you as the USC must show ability to support him. If the U S govt believes he is here to be supported by the tax payers as you say he wont be immigrating here.
NingFemaleThailand2011-09-21 08:48:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa for Fiance with SSN already

My Russian fiance and I have just applied for a K1 visa two days ago. She is in Moscow now, and I visited her for about a week last month to propose. Anyway, I want to know what the total application time from submission to approval has been/was for those of you who's fiances had a SSN prior to the application? She was working and living here last year.

Her former status will have nothing to do with this petition.
NingFemaleThailand2011-09-24 20:07:00
K-1 Fiance(e) Visa Process & Procedureshelp what does this mean???

We got a RFE and all it wnated was proof FI was american..Hes pretty sure he sent in his birth certificate passport the first time...SO re-photocopied and re-sent.

Today on their website it says transfered to Vermont processing center...does that mean we have noa-2 or????

thanks guys

Hopefully you sent back the RFE letter along with the info. You dont say how long back that was. Its critical for the RFE info to be connected to the case file.
The case has been transfered to Vermont for adjudication which should result in the NOA 2 if the RFE became part of the file.
NingFemaleThailand2011-09-29 08:17:00
K-1 Fiance(e) Visa Process & ProceduresApproval Notice Time Frame expired & still now appointment

US - EMBASSY - BOGOTA

NOT ALL EMBASSY SECTIONS COMMUNICATE WITH THE PUBLIC VIA E.MAIL

1) NON - IMMIGRANT VISA UNIT FAX - 571-315-2127
2) IMMIGRANT VISA FAX 571-4155 CONSULAR SECTION VISAS
3) CONSULAR SECTION PHONE 571-315-1566 WEDS- FROM 2 TO 4 ONLY
4) US. EMBASSY PHONE 011-57-1-315-0811
US EMBASSY FAX 011-57-1-315-2197
CONSULATE E.MAIL - ivbogota@state.gov

TO COMMUNICATE WITH THE AMBASSADOR

AMBASSADORB@STATE.GOV MESSAGES ABOUT VISAS SENT TO THE AMBASSADOR WILL AUTOMATICALLY FORWARDED TO THE CONSULAR SECTION. MICHAEL MCKINLEY.you could send a fax explain that you sent all ds-2100-ds-230 in early aug,and that now your visa is going to expire soon in oct,if you can please squeez me in the oct appointment list please, good luck to you,

Better be careful in what they say in these communications. You & they are both saying the " visa" is going to expire. They dont have a visa which is exactly the problem.
NingFemaleThailand2011-10-02 16:07:00
K-1 Fiance(e) Visa Process & ProceduresApproval Notice Time Frame expired & still now appointment

Our approval notice for the I129F says valid from 6/29/2011 to 10/28/2011.

The USA embassy in Bogota, Colombia posted the October appointments and our case number is not listed on the list.

We sent the DS-2100 and DS-230 forms to the Embassy early august. We got an automatic email returned from the embassy so we know the forms arrived there on that date. Then we did not get a September appointment. So on September 12 we inquired again and they said they had no record of receiving our forms. So on September 14th the forms were sent again. They responded and said please send an email with the forms attached. WHAT? they were attached because my fiance copied me on the email and I received the attached forms. So on the 15th of September she sent the forms again via email and Finally she got a confirmation they received the forms.

We informed them we had sent the forms in early August and we had everything ready for the appointment including the medical exam. We asked please to give an October Appointment in the Sept. 15th email to them.

The Bogota Embassy around the 20th of Sept. posted the October appointment case numbers and we are not on the list.

Now I am very concerned. What happens now? The visa says it is only approved until 10/28/2011 and have no October appointment.

Will we get a November appointment?

What kind of system is this? First they apparently throw our first email in the trash. Then they get our forms on Sept. 15th and stiil they do not give us an October appointment.

Now the visa approval period will be expired?

Please advise.

Adam

Dont worry about the date on that form. They will extend it as needed.
She should get the next avalible interview date. They are probably very busy & just didnt have time for hers.
Something similar happened to our case. My husband wrote to the embassy explaining the situation. To our suprise the embassy acknowledged the mistakes by telling us to choose any date we wanted & come in for the interview. Maybe this would work for you. Its obviouse someone made a mistake in your case but you should be respectful in the explanation.
I would hope you could get a date in October.
NingFemaleThailand2011-10-02 11:57:00
K-1 Fiance(e) Visa Process & Proceduresprovisional file

No. A consulate can only set up a provisional file if you send them a copy of your approval notice - NOA2. The chances of this saving you any time is slim. Many consulates won't respond to the request. Many won't accept any packet 3 documents from the beneficiary until they've received the petition package from NVC. If it works at all then you might shave a week or two off of the time between approval and interview, at best.

There are a slew of websites that recommend asking the consulate to open a provisional file, but almost all of them are owned by the same company and give the same canned advice. Only a handful of immigration attorneys even suggest this.

Jim is correct. An officer in the BKK embassy told my husband they do not keep any files & that any documents sent in would be discarded until they had the case from NVC.
NingFemaleThailand2011-10-03 08:15:00
K-1 Fiance(e) Visa Process & ProceduresPaperwork Needed

The Cuban Embassy is not listed. Any other suggestions?

I googled U S embassy in Havana to get this:

Representative Office of United States in Havana, Cuba

Calzada entre L & M Streets
Vedado
Havana
Cuba
Phone:
+53-7-833-3551
+53-7-833-3552
+53-7-833-3553
+53-7-833-3554
+53-7-833-3555
+53-7-833-3556
+53-7-833-3557
+53-7-833-3558
+53-7-833-3559
Fax:
+53-7-833-2095
+53-7-833-1084
Website URL:
havana.usinterestsection.gov
Embassy of the United States Department of State Home U.S. Interests News
About the U.S. Interests Section Public Affairs Latest News Archive Citizen Services
Service overview Contact Information Office Hours ACS Newsletter Warden Message Voting Public Announcements Emergency Services Passports Residing in Cuba Travelling to Cuba Representation Visas
Immigrant Visas Nonimmigrant Visas DS-160 Consular fees FAQ Check Case Status Contact Us Refugee Program
Application Process Refugee Preliminary Questionnaire Refugee Interview Schedule Arrival in the United States Refugee FAQs Policy News
U.S. Policy toward Cuba U.S. Legislation on Cuba U.S. Policy Statements Human Rights/Democracy Resources
Non USG Resources On-Line Texts Public Affairs Español
You Are In: Visas > Nonimmigrant Visas
E-mail this story Print this story

Visas
Immigrant Visas
Nonimmigrant Visas
Appointment Procedures
Religious Travel
Expedited appointment service
Diplomats
Visa Appointment wait times
DS-160
Consular fees
FAQ
Check Case Status
Contact UsNonimmigrant Visas


Important information for persons calling after May 31, 2010, to schedule a non-immigrant visa appointment

NEW APPLICATION FORM - All visa applicants calling after May 31, 2010 to schedule a non-immigrant visa appointment at the U.S. Interests Section in Havana will be required to submit a new electronic application form, known as the DS-160 Non-Immigrant Visa Electronic Application.

For more information on the DS-160 application form, please go to:

FAQs Regarding Online DS-160 for Nonimmigrant Visa Applicants in Havana

DS-160 Training
To complete the electronic application Form DS-160, please click here.

The Nonimmigrant Visa Unit processes applications for applicants who wish to travel to the United States temporarily. Applicants in Cuba should ask a family member or associate in the United States to contact our Visa Information and Appointment Scheduling Service at 1-866-374-1769, Monday through Friday, between 8:00 a.m. and 5:00 p.m. to schedule an interview appointment on their behalf.

Given the restricted number of American consular personnel authorized to work in Cuba, the U.S. Interests Section is only able to schedule a limited amount of applicants per day. First time applicants can expect an average three year wait time for an appointment.

On the day of their interview, a determination of an applicant’s eligibility under the Immigration and Nationality Act (INA) is made. If favorable, the application undergoes necessary administrative processing to verify the applicant’s qualifications for the visa class requested. This process often takes 40 days, but in some instances, it may take several months or longer.

The U.S. Interests Section will contact the applicant by telephone as soon as this process has concluded and a determination has been made on the applicant's case. The applicant will then be able to come to the U.S. Interest Section, Monday through Thursday, at 2:00 p.m. to pick up the results of his or her visa application.

NON-IMMIGRANT VISA BACK-LOG REDUCTION PROGRAM

In February 2009, the U.S. Interests Section (USINT) began a program to reduce the waiting time for a non-immigrant visa interview. As a result of demand for non-immigrant visas in Cuba and the limitations on the number of personnel that can be assigned to USINT, the waiting time can exceed two years.

Under this new program, USINT's Visa Appointment Call Center contacts persons who have made appointments for family members in Cuba for January 2010 and after and offers them a new, expedited appointment. As appointments are advanced, vacated appointments become available for new callers.

All applicants who obtain expedited appointments through this program must bring the DS-160 confirmation page, valid passport, (1) recent passport style photograph, and a nonrefundable fee.

The U.S. Interests Section will implement this program progressively, based upon the date of the existing interview, with the goal of advancing as many appointments as possible, as resources permit.

In order to be eligible for this program, applicants must first obtain a normal appointment through the Call Center.

Our Visa Information and Appointment Scheduling Service is currently expediting interview appointments for applicants scheduled between January 1, 2011 and December 31, 2012 and have been waiting for their interview appointment for approximately a year or less.

EXPEDITE APPOINTMENT

Contact our Call Center to expedite your appointment 1-866-374-1769
ONLY IF :
Applicant's interview is scheduled between January 1, 2011 and December 31, 2012. Applicant has been waiting for interview for a year or longer.

Visa Forms
List of Official Forms
Useful Links
Dept of State
Non-Immigrant Info
Visa Ineligibilities
Student Visas
US Visit This site is managed by the U.S. Department of State.
External links to other Internet sites should not be construed as an endorsement of the views or privacy policies contained therein.
Home | U.S. Interests News | Citizen Services | Visas | Refugee Program | Policy News | Resources
Contact Us | FAQ's | Site Index | Privacy | Webmaster
NingFemaleThailand2011-10-03 14:01:00
K-1 Fiance(e) Visa Process & ProceduresPaperwork Needed

Hi,
I will be starting the process for my fiance to come here from Cuba. Can anyone tell me the initial paperwork I will need to submit to USCIS? My birth certificate, his birth certificate, his son's birth certificate, his divorce decree, plane tickets, emails, telephone bills, etc. Also, should I submit orginals or just copies? One other thing, will my fiance be able to bring his 8 year old child with him at the same time? Do I need to submit more money for the K2. I'm just starting the paperwork so any information is GREATLY appreciated. Thank you in advance.

See the guides here on V J at the top of the page.
For the child you will need to petition for a visa as well. Each person requires their own visa. Additionaly the embassy will probably require a letter signed by the mother allowing the child to immigrate. Check with the embassy to find out exactly what is required.
NingFemaleThailand2011-10-03 13:00:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support & Being "Touched"

Ning,
Go easy. Not everything is 'wrong' as you indicate.
Depends on where she is calling. We all have labeled groups incorrectly or misunderstood the instructions someone kindly shared with us. From the time that we were aware of our NOA-2 approval, we utilized the Washington DC based phone number to call the Visa Specialists. The first time I called, I provided them the EAC# from the NOAs, confirmed some detail on my fiance and I and the Visa Specialist gave me the new NVC case identifier. From then on, I would provide the identifier and the Visa Specialist would give me the updates- shipment to Embassy, receipt by the embassy, mailout of the 'Packets,' and eventually the interview date and time. The detail is on file with them for free. I am always calm and respectful; keeping the call brief. Dont ask them questions about the process or ask them to guess when they think your case will be scheduled, etc... its not their job so dont annoy them and ask stuff out of their scope. Will look for the number and post in a moment.....

Go easy? Dont presume to lecture me. Below is the statement.
Are you trying to indicate what they told her is correct? She doesnt need to submit evidence of support? Why dont you correct what she was told? She wants to know what she has to do to get approval at the embassy.
. "So I called USCIS and spoke to an Immigration Officer. She told me that IF it was a FIANCE visa then you DO NOT have to submit this evidence of support until AFTER you are married and when they are doing the adjustment of status once in the US. She said this is because if in the 90 day period of time I/WE decided NOT to marry then he would return and there would be no need to have even done this form at all. She further said that IF we were already married and doing the K-3 spousal visa THEN we would have had to include that in our paperwork as they would have already asked for a support of affidavit".

Then you follow with this child like instruction on how others should act? Dont annoy them? You mean to say thats what she did? Depends on where she is calling? She called USCIS & she thinks the above is what they said. Read her question again. It has to do with the need for a support form. What she was told is indeed totaly wrong.
NingFemaleThailand2011-10-03 11:19:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support & Being "Touched"

Thanks Ning! Do you know if it is harder to get approved for a visa if you have to have an additional person fill out an affidavit of support if you yourself dont meet the income requirements? And as far as the caps thing, not really yelling more like stressing certain words. Thanks all the same!

In cyber speak using caps is considered yelling & rude. Some people will not respond at all if you do that. We understand the importance of the written word. Just sayin.
First you need to check to see if Lagos will even accept a co sponsor. Some embassies do & some do not. Your income level will be very important to the outcome. All you need is to meet the minimum to qualify.
I couldnt edit my post to add the following so will do so here.
I know for Nigeria it is very important to establish in everyway possible the quality of your realtionship. Do not take for granted whatever you may have sent in to USCIS in the USA. I have seen many cases denied because of this.
There are many qualified members here on V J including some with direct Nigerian experiance. Hopefully they will chime in soon to help.
This can be as you say, overwhelming. You are not alone as you may feel. V J was custom designed to be of help. You are doing a good job right now. Just stay with it & dont give up.
NingFemaleThailand2011-10-02 18:34:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support & Being "Touched"

Thanks for the reply... I have read the Instructions as well as looked over the documentation they will be asking for. As I SEE MANY other people here STRUGGLE with ENOUGH evidence like phone records/proof this will also be a problem/issue for us.

That issue aside, what do you mean when you say, "Make SURE YOU & HE know exactly HOW to file the CASE documents". Ummm ... IS THERE A CERTAIN WAY THEY MUST BE FILED OR WHAT ARE YOU TALKING ABOUT? I apologize if I seem ignorant in any way but I am very new to all of this and am merly trying to be prepared with any and everything they may possibly need that could cause us to be delayed or denied.

Your ignorance is understood, acceptable & normal. We all have a lot to learn especially when it comes to this subject matter. It would be a good idea to to turn off the caps because we dont need you to yell to be understood.
You said you were suprised to find that some documents are required prior to the interview. Hence you need to study the sequence of events to be better prepared.
Your reaction was to call USCIS. Someone there gave you bad info which has served to confuse you even more. Basicly everything they told you is wrong.
To begin your case you petition USCIS asking for approval of that petition. If that is approved the petition is sent to NVC ( national visa center ) for processing. In K 1 cases there is little processing for them to do.
The decision as to the visa is made by the embassy. This is why the Packet 3 info becomes the most important aspect. The support documents become the most important because without the proper level of support there is no visa. This is why it is turned in at the embassy. Nigeria is infamous for being tough on these visas because of the level of fraud. For this reason it is critical to make sure everything is perfect. You should for example add tax transcripts to the 134. This will eliminate any chance that they question your income or tax status. This aspect has caused a lot of pain in the past.
NingFemaleThailand2011-10-02 18:13:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support & Being "Touched"

Hello All!

As you will see by my questions I am fairly new here so any information ANYONE might be able to give is greatly appreciated.

1) I see on MANY posts around the site people often list a "Date" for when they were "Touched". Just wondering WHAT EXACTLY does this mean?

2)When HE arrives at the Consulate in Lagos for the Interview & to submit his Application Packet & supporting documents/evidence, will HE be REQUIRED to submit an Affidavit of Support from me as well?

The reason I ask is this ... Since I began this process and with ALL the ORIGINAL as well as ADDITIONAL INFORMATION & EVIDENCE I submitted to USCIS, at NO TIME have THEY EVER asked me to fill out this form. The FIRST time I even saw this form APPEAR was in my fiances paperwork that states what he will need to bring to the appointment, application forms, police cert., medical exam, etc. which I downloaded from the Nigerian Consulate Website. So I called USCIS and spoke to an Immigration Officer. She told me that IF it was a FIANCE visa then you DO NOT have to submit this evidence of support until AFTER you are married and when they are doing the adjustment of status once in the US. She said this is because if in the 90 day period of time I/WE decided NOT to marry then he would return and there would be no need to have even done this form at all. She further said that IF we were already married and doing the K-3 spousal visa THEN we would have had to include that in our paperwork as they would have already asked for a support of affidavit.

I am just trying to get a better understanding if they ALWAYS REQUIRE you to submit this form BEFORE the visa is approved whether it is a K-1 Fiance or K-3 Spousal visa. Of course K-1 ONLY applies to me as we are not married yet.

Thanks in advance! :)

# 1 Touched means someone look at the case file.
# 2 Yes
Read the instructions for the packet 3. You SHOULD see the REQUIREMENT for the 134 SUPPORT from. Its up to YOU to understand your responsibility during the processes. Thats WHY you didnt SEE this before now. It isnt required until the INTERVIEW.
YOU have to PROVE you can support HIM after HE gets to the USA. Nigeria is one of THE toughest places to get a VISA from so make SURE YOU & HE know exactly HOW to file the CASE documents. Any mistake will result in a denial that can be difficult to overcome.
NingFemaleThailand2011-10-02 16:01:00
K-1 Fiance(e) Visa Process & ProceduresChange of Address

I am really having a hard time getting information on how to transfer my case. I filed an I-129F petition. My fiance was residing in Turkey temporarily on a sports visa. The NVC has approved the petition, but instead of forwarding the paperwork to Nigeria as I indicated on the petition, they forwarded it to Turkey. He is no longer in Turkey, but is in Nigeria. I contaced the service center and they told me to call the NVC. I contacted the NVC and they said to contact the embassy there in Turkey. There time is 7 hours ahead of my time. The times that I can call is between 4-5pm and that is 9-10am EST. Those hours are very busy hours for me at work. Everytime I call, I can't get thru to a person, always an atuomated system. I have sent e-mails to the US embassy in Nigeria and also the US embassy in Turkey. The response I got back form the embassy in Turkey was not even pertaining to the request for change of address or the forwarding of the petition. Now, I really dont know what to do. I am beginning to get tired of this circle that I am in. Does any have any advice? Please help, very distraught!

U S embassies many times are divided into working sections. Contact the consulate section that provides services to American citizens. Try sending email to the attention of the duty officer in that section or to the deputy director asking them to locate the case & help. Send all info including the case number.
NingFemaleThailand2011-10-04 09:46:00
K-1 Fiance(e) Visa Process & ProceduresPoverty 125% in 2012

The poverty guidelines are not based on the US economy. They're based on the consumer price index. If the economy tanks, and unemployment skyrockets, it won't affect the poverty guidelines unless consumer prices also go up at the same time. The CPI usually goes up each year, but not always. It didn't go up significantly between 2009 and 2010 because of the deflationary pressures of the recession. Consequently, DHHS didn't change the poverty guidelines in 2010.

I didnt say the guidelines are based on the economy.
I would think the economy is going to have everything to do with her future income & his because they are going to work together in a business she started. Or thats what she said in the past.
She indicates her income will improve. I hope so but simply pointed out consideration of the actions of the U S govenment. Those actions seem to have a realtionship to the economy realised by observing the stock market for example. The actions of that same government have certianly affect my income
NingFemaleThailand2011-10-01 14:29:00
K-1 Fiance(e) Visa Process & ProceduresPoverty 125% in 2012

So! I really hate this topic because I just barely make it. I make a couple hundred over 20,000 at the moment, and the guide says like 18,300 something like that for 2 people.

Now, my income WILL be going up next year. :) But I assume that the poverty guides will be raising too? :unsure:

Is there a way we can predict how much it will go up? I just want to know if I will make the 125% guideline when I file for AOS, because most likely we will file for AOS in 2012. Wouldn't that be frustrating if we got married and then at AOS had problems with the I-184? :wacko: :bonk: :help:

Look at what has occured in the past. Its the U S government. The U S fiscal year begins in Oct. The U S economy is a total disaster & in decline.
When you file for the AOS you can request a EAD card for Ice. You have said he will be working in your business as soon as he can do so legally.
By the time the AOS meeting occured he would have an income or if there is any doubt use your family as co sponsor. You have said they are willing to do that before.
Your present income is high enough to sponsor him now. No reason to think it wont be enough later.
NingFemaleThailand2011-10-01 10:02:00
K-1 Fiance(e) Visa Process & ProceduresI-134 question 9

Just a small correction not USCIS but DoS. USCIS doesn't issue any visas.

It is USCIS that determins entry at the POE.
NingFemaleThailand2011-10-06 09:25:00
K-1 Fiance(e) Visa Process & ProceduresI-134 question 9

A couple years ago (before I found out about VJ) I filled out an I-134 for a friend for a visitor's visa. He was denied and when I asked him about the I-134 he said he wasn't given the chance to give it to the CO. So for question 9, I'm a little unsure of what to answer I was going to write what is typed below as an addendum? Is this ok?

I am unsure how to answer this question. I filled out an I-134 in January 2010 (I don’t remember the exact date) for *********** for use with a B-2 visa. I am unsure if the form was ever turned in or not.

Any other suggestions would be welcome. I want to do this correctly!

The person needing the tourist visa applies alone. You as a friend have nothing to do with the application. He was denied because he didnt understand or meet the strongest ties rule. All of these cases are decided on their own merits which should include a written statement indicating why the person must return. Keep in mind USCIS views all people with any type of visa as an intending immigrant. That must be offset in the application some how.
NingFemaleThailand2011-10-06 09:11:00
K-1 Fiance(e) Visa Process & ProceduresVaccines for Mexican Fiance(e)s

Hey...

My fiancee is Mexican and we are currently waiting for our NOA2. We have some time obviously so I would like to start thinking about the some of the vaccines. My fiance has her Cartilla de Salud but she received minimal vaccines. I think she had MMR, TD Booster, and maybe 1 or 2 more. I know the vaccines are much cheaper her in Mexico, so we would like to do most of them in Mexico.

The questions are...

What vaccines are needed exactly, I have seen many different lists?

What does she need from here to show the Civil Surgeon to prove she got each vaccine?

And Is there anyway to bypass the Civil Surgeon before doing the AOS?

After looking at several posts it appears that the medicals in Juarez will not touch anything having to do with the vaccines. Even if my fiancee asks them to check her records they will always give a blank form for the vaccines.

Also if we have all of the necessary vaccines when entering the US is there still a Civil Surgeon out there that will complete the form if you mail them the information?

Thanks..

One way to get her the shots she needs is to take her to your local county health clinic. We did this & I got three booster shots for 23 bucks instead of the 350 a doctor wanted. You can then take the shot card to the C S later to eliminate the expense & save some money.
You may want to consider have her do a medical in Mexico that would be good for one year. If you filed the AOS at the right time you wouldnt need a U S C S at all. From what I have seen the C S charges can be from 250 to over 500 bucks here.
NingFemaleThailand2011-10-07 09:34:00
K-1 Fiance(e) Visa Process & ProceduresI-134 Affidavit of Support (Self-Employed)

yes i'm aware that cash income is also meant to be reported in taxes. but tax evasion isn't in the field of jurisdiction of the immigration department. but thanks though, i may have to do that...

I doubt members here are going to assist you in this to a certain degree. However you admit you are breaking the laws. USCIS isnt the IRS but I have seen cases where they worked together to make sure taxes were paid.
You may get away with this by some means now but in the near future the siuation will change. When you file the AOS you will have to submit tax records. If you were caught & charged with tax fraud it would be tough to clear up.
You should consider filing back taxes for at least 3 years to enable you to submit the transcripts in the future. I am not a tax accountant but you might find that the pain of filing taxes wasnt as bad as you suspect.
NingFemaleThailand2011-10-06 19:50:00
K-1 Fiance(e) Visa Process & Proceduresis AFFIDAVIT OF SUPPORT really needed?

My Boyfriend has already prepared his I-129 form and documents and will send it this week. He has 2 jobs and salary enough to support. Is it still needed to have an Affidavit of Support when filing? THANK YOU

Yes it is a requirement at the interview stage. Additionaly he should submit at least one year ( 2010 ) tax transcript. I dont think Manila accepts co sponsors for K 1s but he should check with the embassy to find out.
NingFemaleThailand2011-10-08 09:42:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa: Filing for k2's for accompanying children.

Firstly, thank you for responding.
I can't imagine why we weren't informed of this. I know that we'd need to get them in due course but not to apply at the same time. Do you think this will delay the K1 being issued, or at least delay the chance to actually join my fiance?
We have all the relevant documentation, just not separate visa applications. Its very confusing as many sites say that children can travel with the parent under a K1 so long as a K2 is filed as soon as the K1 is approved and we were never informed differently??!

Believe me we made the same mistake. When we asked USCIS we never got an answer. We figured it out by finding V J. It took us months to get my daughters case approved so we could bring her with us. However our case was a K 3.
You werent informed because there is no one to inform you unless you used a lawyer. Like many people you thought you understood that they would be given a visa as the result of yours. Now you find there is no derivitive status for them. Their petitions should have been filed at the same time as yours but seperatly.
Their status wont directly affect yours so you can interview & get your visa as you wish. You can use the visa but as a K 1 its a single entry visa. You could wait until they have thiers if you think it will be before your ability to enter the USA expires. A friend is your situation asked the embassy to not issue hers & to extend the interview date so the child could come with her. They were happy to that for her. Check with your embassy about the timing of all of this.
NingFemaleThailand2011-10-05 15:15:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa: Filing for k2's for accompanying children.

Hi,

On our initial I 129F petition for a K1 fiance we listed my children who will be accompanying me. Does anyone know when we need to apply for the
K2 or will the embassy sort that at the same time as the concluding visa interview? We're pretty certain it's all accounted for by mention of them in the petition, but a couple of websites mention filing and providing birth certificates, permission from the other parent and so on, which we haven't been asked to provide as yet. Any information to put my mind at rest would be gratefully received. The children are under 16years. Thanks :)

Each person must have a visa. You have to file & pay for them just as was done for you. It does appear to people that they do not but they must go thru the same process as the parent.
Permission for the other parent is required. Check with your embassy to find out exactly what they require. The one I am familier with gives out a sample letter if asked.
NingFemaleThailand2011-10-05 14:59:00
K-1 Fiance(e) Visa Process & ProceduresChanging Visa status

Hi,

I have been in the states for a month on a travel visa. My girlfriend is an american citizen and i came over here to visit her. We have been dating for 1 year and I decided to pop the question and ask her to marry me. She said 'Yes' and we both thought it would be a good idea to go and tie the knot. I am now married. But, i'm still on a tourist visa. I was just wondering if it is possible to change my visa to a spouse visa without returning home? I have 2 months left on my tourist visa.

Thanks,

Max

Yes this can be done. See the forums here on V J to find the info. Read down the list & you will find the AOS area.
NingFemaleThailand2011-10-11 14:16:00
K-1 Fiance(e) Visa Process & ProceduresFor proof of meeting documents

I planned to provide a copy of my passport which has the stamps for the country I visited my fiance in. The passport stamps are not in english. Do I need to have an official translation of these stamps into english?

No this isnt required. Translations are done for documents submitted to USCIS such as birth cert ect.
See below the criteria used for translations. The certification required is simply the statement you see. Anyone fluent in both languages can do the translations when they are required in the future.

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
NingFemaleThailand2011-10-11 17:32:00
K-1 Fiance(e) Visa Process & Procedures1-864 - Previous 1 yr. tax return or 3 for self employed

Hi Ning ~

Oh..sorry, I guess I didn't make it clear. I want to marry Mai very much. We definitely plan on living our lives out together. I am now 44 and he is 39. The thing is we plan on settling in Chiang Mai probably 10 yrs from now so obtaining U.S citizenship for him isn't our #1 priority. But we would like him to be able to visit the U.S or even spend 1/2 the year here but it would be nice if it was on our terms how long he had to stay here each year. I understand while holding a U.S green card you can't be out of the U.S longer than 6 months... is this true? We met volunteering in a circus project on the Burmese border and have traveled all over Thailand together. We are very involved in volunteer projects in Thailand working with children. In the states I live in one of the most beautiful places in the world Lake Tahoe... of course I want to share it with him. I'm afraid all the business visas may be hard to get as it is my business not his and it's a small one at that. Mai is an artist, he's been featured this year in the Bangkok Post and has been on TV 2 times. Sometimes I think he may qualify for an "exceptional talent visa" on his own if he was invited to an event or conference here in the states, but that's a bit of a long shot. As for my business "Jai Yen" wonder what would happen if we opened a shop in Chiang Mai together, got married in Thailand and then applied for some kind of "business" visa. Thing is, I see people with a lot of assets, who have been paying taxes for years in Thailand get turned down. So that just seems like a long, long road to nowhere. So, while I still have a successful business in the U.S and residency here it seems time to apply for the K!. We never know the future and with the current U.S state of the economy we don't know how well, my business will do, or if Thailand or the U.S will tighten border controls. etc etc. So, that's why I'm thinking now's the time to start this.

If they are only concerned with the most recent tax year which by the time we get through will be 2011 then that is the year I need to focus on that's great. As for 2009 & 2010 what if no taxes were paid... they were filed but we did not owe in 2009. Also adjusted gross income was well below poverty guidelines. Are you sure this is o.k. Thank you for your time in helping me out with this :.)

Hello Christy Lee,
I see this differently now of course.
I think you should consider a CR1 instead of the K 1. It comes with a green card so he can work quickly. No AOS to do. Is cheaper in the end. Takes a little longer but worth it. He can be out of the USA up to one year. However he must be able to show that he is a legal resident to keep the G C. Having an interest in a business should serve well in that regard. I mean as contributing artist. Also in a CR1 you could use a co sponsor. I dont think you need one really.
The concept of the taxes is more about your paying them in the past years or at least filing to comply with the laws. THe fact that your income was low isnt good but it isnt bad either. Everyone knows the situation with the US economy. This is where you may want to find a co sponsor to use with the C R 1 to ensure success. His income in Thailand wont help but you can attach a letter explaning how his income will become part of the future income of your family. The basic idea is to show that he will not need to be assisted by the US govt in regards to support. I would include some statement of projected earnings based on his art income when in the USA.
The members here are happy to help. Hopefully others will offer advise as well. There are some very experianced people here. What you want to do can be done.
NingFemaleThailand2011-10-08 16:56:00
K-1 Fiance(e) Visa Process & Procedures1-864 - Previous 1 yr. tax return or 3 for self employed

Hello there~

I am considering starting a K1 visa application for my Thai boyfriend Mai. I own a retail store in Lake Tahoe specializing in South East Asian handicrafts and have spent the last 11 years traveling back and forth to Thailand. I am in the U.S 7 months a year and Thaiand 5 months. For 10 years now, and have rented the same house in Bangkok for 7 years. He doesn't really need or want U.S citizenship, but he will never qualify for a tourist visa as an artist, and it's not like I can sponsor him for one as his girlfriend. If he wants to ever set foot on U.S soil and meet my family and see my home and shop here our only way is a K1 visa. Then it looks like we'll both have to be here at least 6 months of the year for the next chunk of time until this mountain of paperwork we're about to embark on, fee's, appointments, and worries have come to an end. Really to bad he couldn't just come and be in the U.S two months a year during rainy season.... but the U.S sure doesn't make that very easy!

So here's my big question~

When filing the I-864 and you're self employed are they looking at only the most recent years tax returns or the last three. This will make a big difference to me as Last year we were fine but 3 years ago our numbers were not strong enough to qualify. Although the shop brought in 80,000 U.S in gross sales we had enough write-offs that the adjusted gross income was below 18,000... or the minimum poverty guideline. So does that mean we would not qualify?

It looks as if they definitely only need one year with the 1-134 and nothing with the 129F

am I correct with my information here? I found this below on the USCIS site and they seem to say you only need one year with the 1-864~



All sponsors must submit the following documentation with their I-864:
• Proof of current employment or self employment
• A photocopy or an Internal Revenue Service-issued transcript of a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax return for your most recent tax year, or an explanation if it is not submitted. Your W-2s and/or 1099 forms may also be required, see the I-864 instructions for details.
You may also, at your option, submit a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax returns for your second and third most recent tax years if you believe these additional tax returns may help you establish the ability to maintain your household income at the governing threshold set forth in Form I-864P, Poverty Guidelines.


Thank you for your help with this matter. I would especially like to hear from any self employed people in this area or anyone who has any advice for people with business's with large write-offs.

Thank you~

Christy Lee

The way I read this it sounds like you are happy with the B F situation as it is. It sounds like the K 1 which requires you to marry within 90 days will result in a marriage that you would really not have undertaken but are doing so to enable you to operate your business while allowing him to visit.
If this is true you will have to be careful during the process that USCIS doesnt think that is what you are doing. You have the background that will allow you to get a K 1. I dont know much about business type visas but wonder if that might serve you better. You should consider posting a question related to those visa types to gather info before you decide.
For a K 1 you will submit a 134 form as part of the Packet 3. That along with at least one recent year tax transcript. Your income in 2010 or 2011 will be the most important aspect of the support criteria. The other more distant years wont be a factor but serve to show you were employed if you are asked to submit them. Thailand does not allow the use of co sponsors for K 1s in most cases.
Once you marry? you can file the AOS ( adjustment of status ) to obtain his green card & EAD card which allows him to work. During that process there is a point when you file the 864. In doing that you could, if needed, use a co sponsor.

Edited by Ning, 08 October 2011 - 10:16 AM.

NingFemaleThailand2011-10-08 10:11:00
K-1 Fiance(e) Visa Process & ProceduresO.K to send K1 application to U.S from Bangkok??

This my be a very silly question but I just want to make absolutely sure before I make plans. I am traveling to Thailand tomorrow and will be there for 5 weeks. I rent a home in Bangkok and have more down time over there than I do here in the U.S as I own a busy retail store here. I'm hoping to use this time in Thailand with my boyfriend Mai to pull together all of our info and paperwork for his K1 visa application. He is Thai... I am a U.S citizen. If we're able to get it all together is it o.k to post it from Thailand to the USCIS? I will be returning home Nov. 22nd and could always mail it when I get back but if we have it done by the end of Oct. it would be nice to get that jump start.

Appreciate the advice~

Christy

First class mail sent to me from Thailand to the USA has taken 3 to 4 weeks. One time it never came. You wouldnt know for a long time if USCIS got it or not ( NOA 1 ). May be best to mail in the USA. However rsn mailed from Thailand as you see.
NingFemaleThailand2011-10-15 10:48:00
K-1 Fiance(e) Visa Process & ProceduresOver 6 months for NOA2 - how to expedite?

File out the form and send it to them is correct (via fax preferably). Wait several weeks is wrong. Fax the form and call them that afternoon. Be proactive, don't wait for responses.

I suppose any action is ok but when my husband called Senator Finestines office they said it would take a few weeks to process the request & a few more to get a responce. It took two weeks for them to have time to call USCIS. It then took 30 days for the good Senators staff the send the written responce to us. When they did they sent it to the wrong address.
Sending the info by fax is fine. Calling that afternoon is wrong because they will know nothing at that time. Give it a try & let us know what happened.
NingFemaleThailand2011-10-18 09:37:00
K-1 Fiance(e) Visa Process & ProceduresOver 6 months for NOA2 - how to expedite?

I DID submit all the requested documents. I DID follow the procedure. I FULFILLED my responsibility and submitted the documents.

I think YOU made the same mistake as my husband in submitting the document. We found at the AOS meeting that he had not submitted the certified copy.
If you had submitted the correct document you would have gottne the RFE. If you did submit the correct one as you say why didnt you send back the RFE notice & let them know they are the morons & idiots you say they are? You should have refused to send any further documents. You didnt do that because you know you made a mistake. Thats why you sent the certified copies.
You will get a chance to sit in front of an officer at the AOS. When you do just tell them they are idiots for requesting the documents & ask why they did it. There you will learn.
NingFemaleThailand2011-10-18 09:26:00
K-1 Fiance(e) Visa Process & ProceduresOver 6 months for NOA2 - how to expedite?

No it was really quite simple. In the I-129F I sent a copy of the divorce decree. The RFE requested the divorce decree (without any clarification about what was wrong with the one I already sent them). Idiots! So, I sent them all the court documents, certified, not just the divorce decree, this time. These morons really piss me off... if they have any question about whether a divorce decree is valid, all they have to do is call the court house in Cambridge and ask for clarification... I called them and talked to them in person too, and they are responsive and helpful. They answer the phone in under 4 rings, really easy to do.

No, there are no criminal records. Both me and the fiancee lead really boring lives... my fiancee has always lived at the same address since birth, and only had the same job. And, I've been at the same job and place for 11 years. Nothing exciting to say about either of us that gov't would care about, other than my previous divorce from a K1 beneficiary.

They arent morons. They are required to follow the proceedure & so are you. The need the correct documents to place in your file. That file will be maintained & used as psrt of your AOS later. Its not their responcibilty to submit the documents.
NingFemaleThailand2011-10-18 08:35:00
K-1 Fiance(e) Visa Process & ProceduresOver 6 months for NOA2 - how to expedite?

Is there any chance calling senator would make things worse? I have two senators (well duh)... how do I know which one may work better?

This always sounds good but will result in nothing. Give it a try so you will know for sure. You cant just call them. Go to the web site of one of yours. Doesnt make any difference which. They all have a staff member trained to placate you. Fill out the form & send it in. Then wait until they contact you some weeks later. When they do ask them what the last action the Senator took on immigration reform. Ask if its true that the immigration laws havent been changed in over 60 years. Ask why. The staff will call USCIS & then tell you the case is under review. Thats all they can do.
NingFemaleThailand2011-10-17 18:08:00
K-1 Fiance(e) Visa Process & ProceduresOver 6 months for NOA2 - how to expedite?

Sorry I'm sure this has been asked before, but I'm having trouble searching for the answer. My NOA1 was received by VSC on April 12. I got an RFE after 5 months, and it has been 6 weeks since they received my response to it. Still no NOA2. I'm very unhappy about this.

How do I ask this to be sped up, or do I have to wait for 60 days for RFE response to be processed?

There really isnt anything you can do. RFEs can add any amount of time to the case. I have seen it take two weeks but in my own case it took two months. Yours must be close to being finished by now.
NingFemaleThailand2011-10-17 14:04:00
K-1 Fiance(e) Visa Process & ProceduresWhat is the best way to organize everything for the interview?
We are using 2 of the plastic accordion style folders that came with about separate labels. It has a flap with an elastic band that holds it all together.
daryl&ladaNot TellingRussia2011-09-24 15:34:00
K-1 Fiance(e) Visa Process & ProceduresFinally
Congratulations!!! :D
daryl&ladaNot TellingRussia2011-09-30 08:40:00
K-1 Fiance(e) Visa Process & ProceduresGot the date of the interview!!!
Good luck!!! :D
daryl&ladaNot TellingRussia2011-09-30 08:44:00
K-1 Fiance(e) Visa Process & ProceduresInterview is TOMORROW!
Good luck!!! :D
daryl&ladaNot TellingRussia2011-10-03 23:12:00
K-1 Fiance(e) Visa Process & ProceduresI129F petition was approved on September 29 says on the USCIS website
Congratulations!!! :D
daryl&ladaNot TellingRussia2011-10-04 15:37:00
K-1 Fiance(e) Visa Process & ProceduresGood NEWS
Congratulations!!! :D
daryl&ladaNot TellingRussia2011-08-26 13:01:00
K-1 Fiance(e) Visa Process & Proceduresjust getting started
Congratulations and good luck with the process! :D
daryl&ladaNot TellingRussia2011-10-10 03:54:00
K-1 Fiance(e) Visa Process & ProceduresNVC Case Numbe
I got approval notice on September 19th and the hard copy Sept 23rd. I called Tuesday and the operator said they had JUST received my info but no case number. I was told to call back next week. Anyone else get that line from the operator?
daryl&ladaNot TellingRussia2011-10-06 21:16:00