ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresK2 & I134 questions

Hello guys!!

 

My fiance's daughter is 5 years old, i added her on the application because ideally we would love her to live with us, but since she lives in another state with her mom and her new family we believe she wont be coming along with him. The question here is: Do i need to show proof that i will be able to support her as well even if she doesnt come along with my fiance? and, If I do and she comes...does she need to stay and get an status adjustment too? or can she just come to visit and go back to her mom after an undetermined stay with us? and, in the event that her mom doesn't allow her to travel yet would we have to withdraw her petition or would it get automatically cancel? I am trying to stay positive here, but i don't see she would be coming to the US yet.

 

 Also, I am currently working only part time, therefore my income is not enough to be a sole sponsor. My boss told me he is going to switch me to q full time position but due to other reasons that won't be happening just yet, maybe mid june. I already received my NOA2 and i was trying to get a co-sponsor but all the people who i had in mind are currently claiming someone else sad.png ...mind you, i came back from a 3 month stay with my sweetheart on May and didn't work all those months before so i had no proof of income since the beggining of the year but starting in May.....Would this job (10$ x hour full time) plus the Child Support i get (500$ monthly) be enough to cover the affidavit of financial support of a household of 3 if i don't get an sponsor??

 

I am worried i would get denied after all this effort. (When i started this journey i was employed full time at an attorneys office getting pay good but i was laid off, so it wasnt really poor planning)

Thanks for all the answers in advance yes.gif

 

This needs to begin with the understanding that the mother will have to agree to sign a statement indicating her permission to allow the child to emigrate. If that cant be done there rest isn't relevant.

If the mother allows her to move to the USA the process to get her a visa is the same as the fathers. You then become responsible for her support as well.

If you file the petition for her and don't go thru the procedure you will simply lose the fee and can notify USCIS you want to withdraw the petition.


NingFemaleThailand2013-05-26 21:09:00
K-1 Fiance(e) Visa Process & Proceduresis there a possibility to deny my visa?

Ignore the earth shattering post indicating what you already knew. There is no need to add to your stress levels.

There have been quite a few situations similar to yours seen here on V J. Wait for some of those informed members to respond for helpful info.


NingFemaleThailand2013-06-01 11:34:00
K-1 Fiance(e) Visa Process & ProceduresObtaining K1 Visa and recently temporaily on disability

Hello everybody,

I'm wondering if anyone has any info on my situation. My fiancé is trying to get her k1 visa. To bring her here to the US. We have known each other for 3 years and we have met several times in her country the Philippines. The problem is that as of March 1st 2013 I went on disability. I've been at the company for 18 years and plan on going back next year. I continue to make full pay and have all my benefits, which I have for the next 3 years if needed. My question is will I have a problem meeting my financial requirements to sponsor her?

Thanks
NJ93




You should have no problem. What is important is your ability to earn enough to support her. The fact that you are temporarily on disability shouldn't be a factor especially since you have been in one place for that long.

See the 134 form to find out what info they require. Good idea to submit at least one years tax transcript as well. get this free from the IRS.


NingFemaleThailand2013-06-02 22:16:00
K-1 Fiance(e) Visa Process & ProceduresAffidavits for I-129F - proof of having met in person

People have mentioned sending affidavits with their I-129F for the section of "proof that they've met in the past 2 years", which i agree is a good idea because it helps as a witness of others having met us together. Is there a link someone can send me for filling out affidavits? There are many online, but I'm looking for what you guys have used. Thanks a lot!  (we're having to submit more info as we recieved as RFE)

These letters are basically worthless because anyone can say anything about any subject without it being true or correct. It also doesn't hurt to do it and serves to make you think you did all you could. Better to put the effort into something they require.  

An affidavit is simply a statement of the presumed facts. If you do this don't bother with the notary aspect that people assume is needed. A notary simply verifies signatures and has zero to do with content.


NingFemaleThailand2013-06-07 10:35:00
K-1 Fiance(e) Visa Process & ProceduresK-2 Interview...

My future step-kids have a K-2 interview coming up on the 19th.  Their mother already passed and has her K-1.

 

The embassy said that the K-2 visas will be given so long as there aren't any ineligibility issues.  I'm not really worried that they will be denied or anything, but...

 

If those of you who have experienced K-2 interviews could share your experience, that'd be fantastic.  What kinds of questions were asked?  Any information that I should pass on to my fiancee and her kids?

 

Thanks. 

The most important aspect will be the permission of the bio parent or a court order of custody that allows them to emigrate.

You didn't indicate the ages of the kids but whatever age they are the few questions will be easy. My own daughter was 11 and they just asked a couple of polite questions.


NingFemaleThailand2013-06-07 15:58:00
K-1 Fiance(e) Visa Process & ProceduresCo-Sponsor for K1 Visa

 

Your friend can, but it's a serious thing to ask someone. Your co-sponsor will be financially responsible for your beneficiary potentially years.  They'll need to be able to show they have the funds to cover their own household plus the person they're sponsoring.  This pdf shows what their income needs to be for each family size: http://www.uscis.gov...form/i-864p.pdf

 

As from the link above http://travel.state....nfo_3183.html#2

 

"A sponsor must be at least 18 years old and either an American citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States."

 

Again, as with the comment above, please do let us know which country the beneficiary is from.  We can offer better advice based on that, as acceptance of the financial sponsor can vary by country and the requirements may be more strict.

You may want to study the use and impact of the 134 form. Also it would not be a 186 form if used for support in any case. In this K1 as you know the 134 is required.


NingFemaleThailand2013-06-12 19:47:00
K-1 Fiance(e) Visa Process & ProceduresCo-Sponsor for K1 Visa

Since I am recent graduate and looking for job, I need a co-sponsor for the K1 visa. Does anybody have knowledge or experience to in-light in dept about cosponsor? My main questions are: What are criteria to be a cosponsor? Does counselor ask detail questions about cosponsor during K1 visa interview?

 

Thank you in advance.

It would be better to name the country you are dealing with. Some will not accept co sponsors at all.

Co sponsors should be USCs; family or close friends. You will submit a 134 form and if allowed they will submit one as well. Review that form for some insight into what is required. Its a good idea to submit at least one years tax transcript with each form.


NingFemaleThailand2013-06-12 15:01:00
K-1 Fiance(e) Visa Process & ProceduresAny Way To Preempt A Future RFE By Supplementing Now?

Once my Petition lands at a processing site, if I think I may need to explain something on it (a slight change in name spelling due to language change), something they may send an RFE out for, anyone know of a way to send in a supplement page to clarify that issue before we lose the time caused by an RFE?  Thanks!

You could send it in but it will never connect with the case file. If you ever get an RFE you can easily take care of it by responding using the correct procedure. If you don't you can correct it at several points along the journey.


NingFemaleThailand2013-06-19 15:11:00
K-1 Fiance(e) Visa Process & ProceduresAFFIDAVIT OF SUPPORT( Co- Sponsor )

My Fiance needs a co-sponsor, what's the procedure? Thank

Check with the embassy to make sure they allow them. If so both of you will submit the 134. Good idea to include tax transcripts for at least one year but it isn't required.


NingFemaleThailand2013-06-19 18:58:00
K-1 Fiance(e) Visa Process & ProceduresBe honest with profession?:(

Hello all. Just want to ask if i should be honest in answering bout my profession? Should i be affirmative that i am recently working as a nurse? And after marriage i also intend to work as a nurse in Us? This also goes in anwering my ds-156 and ds 230 form. Im just preparing for my upcoming interview this july and i wonder if ever il answer them honestly i will get denied.sad.png

Why ever even consider lying about anything especially when it comes to immigration where the penalties are so serious? Don't do it about this or any subject.  


NingFemaleThailand2013-06-18 19:44:00
K-1 Fiance(e) Visa Process & ProceduresCo-Sponsor in Naples, Italy

yes i am the petitioner. i meant that i had the documents ready to send. unfortunately, at this point i don't think a job would help because it would only be for 2 months or so. Thanks anyways.

I have helped with at least 5 cases where the petitioner was a student just as we see here. None of those were in Italy but I believe if the case is submitted correctly it can succeed. I have made some suggestions to overcome the short term situation. Any job is better than none even if its only two months because it shows ability and will.


NingFemaleThailand2013-06-19 20:04:00
K-1 Fiance(e) Visa Process & ProceduresCo-Sponsor in Naples, Italy

Thank you for your answer. I know that these people are serious but some people complain about the officer's attitude affecting their decision. That aside, i will try to reach out to the embassy. I only worry because this has happened to people precisely in Italy. I will include a letter explaining my plans as you suggested. Thanks.

They are serious but this is usually out of ignorance in my opinion. It is important to prepare the case correctly which isn't hard to do and there are many experienced members here to assist you. If they didn't prepare right they may have not gotten what they wanted and then formed a poor opinion based on that.

You will find that every case is truly unique as such they are decided on the merits. you should do fine as long as they accept the co sponsor. Keep in mind that you will marry within the 90 days. This means that you could file the AOS ( adjustment of status ) docs very quickly which would then allow the co sponsor anyway. USCIS knows this of course. You may want to include this in your letter to show them you are aware and intend to do the AOS soon. 


NingFemaleThailand2013-06-19 20:01:00
K-1 Fiance(e) Visa Process & ProceduresCo-Sponsor in Naples, Italy

Hello everyone, I am hoping someone could tell something positive about this case.  Recently I got my Noa 2 on June 17th.  I am pretty prepared for the interview with the documents I need. However, today i just saw some threads about people who got denied because the officer did not look at or want to accept the co-sponsor. Some people commented that they only accept the co-sponsor if the main sponsor makes close to the poverty line.

 

I applied for the K1 visa as a student, I have had part times but I was counting on my co-sponsor who is my mother. She earns well above the poverty line for three people and has two properties.  I know that she meets the requirement but it would all be for nothing if they do not even look at it.

 

I have heard that if it gets denied, the best course of action is to get married and apply for the CR1 visa.  But i am hoping for any advice in my current situation. I researched the visa extensively and everything seemed to indicate that a co-sponsor is accepted.  Hopefully this is only denied on a case by case basis or if your CO is in a good mood or not. In other words, I hope there is still a chance they will look at it, instead of flat out denying it.

 

I would appreciate any help from people who have gone through the process recently in Italy since it seems that this is a recent trend. Of course if anyone else has ideas, that is also appreciated.

 

Thank you.

Your case deals with the embassy in Italy. Don't pay attention to info that doesn't when it come to co sponsors for example. Check directly with the embassy for info on this important subject.

Include with your submission a 134 for yourself as well as your mother. Both should include tax transcripts for at least one year even though its isn't a requirement.

Also include a statement indicating your current student status and plans for what you will do when you are here in the USA as to employment and living conditions. This is your chance to express this because you wont be at the interview so think this over.

Your mother I assume is an American citizen so she would qualify if they accept co sponsors. Her income will have to be the source of the support. The real estate doesn't help because it isn't liquid.

These cases are determined on their merits and not as you may have heard on the emotional state of the officer. Keep in mind these are highly trained people with a serious job to do.


NingFemaleThailand2013-06-19 18:54:00
K-1 Fiance(e) Visa Process & ProceduresI-134 Form Field Questions

So, about the affidavit of support that i (the US Citizen) fill out...

 

Question 3 asks for address... I assume they want the address of my fiancee in Thailand... but it only have room for a USA style address... including 2 letters for "state"  which I guess would be "Bangkok" (province).     Is our  State Department clearly that inebt that they don't know that the rest of the world isn't just like the US?   I really don't know how I would squeeze Province names in there via computer... short of printing and hand writing it.

 

Question 11 asks if you "intend or not intentd" to make specific contributions to the support of person in Question 3.    I have no idea how to answer that.... We're going to be married... this is a fiance visa.  Of course I intend to support her, we will be sharing everthing... but I don't plan on making "specific contributions" of X dollars a month or something.   Seems like a bogus question that should be visa type specific.   But I am afraid to leave it blank, or choose the wrong one in case it makes a difference to the Governement.    The follow up question is to enumerate what i would be contributing to her.   Again, no idea what to say.  

 

And then at the bottom in the signature area it states:

"I acknowledge that i have read "sponser and alien liabity" ..... as amended, and the Food Stamp Act, as amended. "

followed by a blank field to put something in....

but then you sign and date it half an inch below... so I don't know what the blank field is for?  Print your name? Sign your name a stupid second time?  Initial it? 

 

And of course their "instructions" for filling out the form, contain no help at all about what they are asking for in any of this.  

 

Any advice?

The State dept is aware of the world in general as I am sure you must know. They think people would use common sense when it comes to these forms. For example if your info wont fit on the form simply attach another piece of paper on which you have included any info that wont fit on the form. Make sure you include any info they would need to identify who sent it for which case. Keep in mind the forms are used world wide and in some ways are generic.

If she lives in BKK it would be BKK for the province.

You could indicate support as needed. The 134 is used for other applications where it possible to identify a certain level of support only.

Mistakes in filling out the form can be corrected as required but they understand sometimes its not clear to everyone. Leave out anything you feel is stupid and they will explain it to you or your fiancé later. It will simply cause a short delay but allow a clearer understanding of what is being asked.


NingFemaleThailand2013-06-22 15:01:00
K-1 Fiance(e) Visa Process & ProceduresIncome requirement on 1099

Here's the question. I know that for instance in 2007, that they looked at a 1099 misc income..as income that would be applied toward meeting the minimum income statutes. In other words..it came right off the top..BEFORE any deductions, expenses were considered...and not considering the net "taxable income" which would of course knock the dollar amount down considerably. I again, know for an absolute fact that this was true back then. My question is..has anything changed? Do they look at misc 1099 income the same way they did in 2007 and before? Thanks

You will submit proof of gross income levels which is what they base the ability to provide support on in every case. Obtain and submit at least your most recent tax transcript.


NingFemaleThailand2013-06-05 11:48:00
K-1 Fiance(e) Visa Process & ProceduresTax Forms For Interview K-1 Visa

Thank you all for your feedback.


What are my other options since I have not yet filled my 2012 Taxes? Should I get a sponsor? Thanks in advance.


You would provide what you can along with anything you have to show the 2012 income. There are few countries where it is more important to submit everything required or face a long delay. By the time of the interview you will have filed the 2012 taxes I assume and hopefully do it in time to allow the creation of the transcript or you can submit a copy of that filing along with EVERY supporting doc.

Sponsor? You don't indicate what type of visa you seek. If it is K 1 ask the embassy if they will accept a co sponsor. If CR 1 get one ready and submit if there are ANY support concerns.

Keep in mind Morocco almost always puts the cases in AP. This may give you plenty of time to take care of tax docs they ask for. A P is always a difficult ordeal to deal with.


NingFemaleThailand2013-06-29 18:31:00
K-1 Fiance(e) Visa Process & ProceduresTax Forms For Interview K-1 Visa

Hi everyone,

I am the petitioner and sent my fiance my 1099 for 2012 and a letter for my employee for the last 3 years showing my income. I have filled an extension to file taxes in September, I am a independent real estate consultant.

Is the 1099 and the letter from my employee showing my income sufficient or will the consulate need the actual tax returns? Thank you for your help.

A 1099 will probably not work because it only shows income. They want to also see that you have paid the taxes on the income.

See the IRS web site to obtain the docs. I would request 3 years. They are free and should arrive in a week or so or you can have them faxed to any number or you can get them in person at any IRS office.


NingFemaleThailand2013-06-29 10:18:00
K-1 Fiance(e) Visa Process & ProceduresTax Forms For Interview K-1 Visa

Hi guys. My U.S fiance is self emplyed. He's sending me his company and person tax details. Do you think that should be enough? I'm over here in england and really don't understand all the U.S tax thing. Thanks.

With respect in the future please start your own thread to ensure the flow of info.

For now you don't have to understand the taxes but he will have to understand what they expect and require to complete the case. I don't know what you mean by tax details but if its a complete set of his tax filing it should be ok. The easy way to do this is by using the tax transcripts which he can get from the IRS.


NingFemaleThailand2013-06-29 10:11:00
K-1 Fiance(e) Visa Process & ProceduresG-325A question

What if you have more than 2 ex'es?  The form only has room for 2.  Attach a separate sheet of paper or another form?

 

Thanks!!!

Exactly. Just make sure you make it clear what case it is by using the case number or your social ect.


NingFemaleThailand2013-06-30 20:20:00
K-1 Fiance(e) Visa Process & ProceduresI-134 help

I am preparing to file an I-129F and am very worried about the I-134 Affidavit of Support. I, the American citizen sponsoring my foreign fiancé, have not worked at all during the past 9 years after suffering a severe trauma brain injury resulting from a bicycle accident in 2004, and my disability payments are just barely above the poverty level for one person and below the 125% level for one person. The required income needed is based on a 2 person household, right? My income is well below that. I have other assets like money in the bank and I own my home outright, are these things going to be able to get me to an acceptable I-134 level?

It would be better to post the questions in the Thai portal.

Like all cases yours is truly unique. Your assets may help but they would have to be substantial as in 5 times the amount required for support I think. The house isn't considered liquid so isn't allowed.  

Thailand doesn't allow the use of co sponsors in 99.5% of cases. However you could try and explain your personal situation therefore disability payment amount while asking for consideration of the use of the co sponsor.

You could do this by sending a letter to the embassy as part of the P 3 submission because its at that time the 134 for be used. I suggest if you do that you also acknowledge the fact that you will marry within the 90 day time frame followed by doing the AOS ( adjustment of status ) which allows the use of a co sponsor. This means you would only be providing sole support for a short period of time.


NingFemaleThailand2013-07-04 19:44:00
K-1 Fiance(e) Visa Process & ProceduresLegal help. Should I or shouldn't I

I am preparing to file an I-129F to bring my fiance? to America from Thailand. We have had major trouble (repeated failures) with trying to get him a tourist visa and seen a lot of warnings that everything must be executed perfectly when doing a K1, so I am thinking that I should hire a good immigration attorney to help us.

Has anyone here been successful with the K1 process without using an immigration attorney? If it?s advisable to go with an immigration attorney, can anyone here recommend a good one in the Olympia/Seattle/Tacoma WA area? Has anyone here used LIH Law? If so, would you recommend her for helping with a K1? Are there any other same sex couples trying do the K1 here?

The tourist visa denials shouldn't affect the K 1 and you don't need a lawyer. A lawyer cant change the circumstances of your case or fill the simple forms out any better than you can. You are in the right place for help here on V J.

Your main problem is going to be in the area of support from what I see in your other post. However I don't know much about the same sex question.


NingFemaleThailand2013-07-04 19:29:00
K-1 Fiance(e) Visa Process & ProceduresI-129F, Question 18, explanation of meeting in person

Hi all – I am getting close to completing my I-129F and I’m getting a little nervous. We’re still getting some documents in Thailand together but other than that I think everything is about ready to send off. Could some of you that have been through this already take a look at this and tell me your thoughts? Does is seem okay, or not enough information, too much? Also does the supporting evidence I plan to provide as described below seem like it should be sufficient?

Thanks for reading

I-129F Supplement: Part B, Question 18, explanation of meeting in person

Description of initial meeting :
[wila’s full name] and I, [my full name] met via Facebook after she accepted Facebook my friend request on 7/11/2011. After this we chatted online a few times over the next couple week and I asked her to participate in a video call via Skype and Skype has been our primary channel of communication since, speaking about once or twice weekly prior to first meeting. As evidence of this I have attached original Facebook friend request and a number of dated screenshots from Skype(dozens more can be provided on request).

Meeting in person 1 (November-December 2011):
After communicating via Skype for between 2 to 3 months [wila’s first name] and I decided we would like to meet in person. [wila’s first name] agreed to take bus to meet me in Bangkok in November 2011 where then flew to Chiang Mai for some sightseeing and then back to her home in Nong Khai via Udon airport to meet [wila’s first name]’s family. As evidence of this I have attached copies of my arrival/departure passport stamps, copies of fight confirmations to Chiang Mai & Udon for [wila’s first name] and myself, and photos of [wila’s first name] and myself together in Chiang Mai and Nong Khai.

Meeting in person 2 (April-May 2012):
After returning home from 1st meeting we began communicating daily. I returned to Thailand from 4/20/12 to 5/11/12 to spend more time with [wila’s first name] and her family Nong Khai and take a side trip Phi Phi, Thailand with [wila’s first name]. As evidence I have included a copy I my itinerary to Thailand, tickets to Udon and round trip airline confirmations from Udon to Phuket for [wila’s first name] and myself , confirmation of ferry to and from Phi Phi/Phuket and photos of [wila’s first name] and myself together in Nong Khai and Phi Phi.

This sounds like you have written to a friend rather than a U S govt officer. You are trying to comply with the rules & the law in these submittals. Keep that in mind as you prepare your docs.
How you met-- Using internet web site.
In person meeting ( dates ). Met with ( name ). Traveled throughout Thailand including Nong Khai, her home town to inculde meeting her family.
Returned to Thailand ( dates ) Spent additional 3 weeks with fiance & family. Took side trips to tourist areas then returned to Nong Khai before leaving for USA.
Something that simple will do the job.
NingFemaleThailand2012-06-10 11:46:00
K-1 Fiance(e) Visa Process & ProceduresANYONE OUT THERE TO HELP US

ME AND MY FIANCEE FILED OUR K1 LAST YEAR JULY 2012 TO BE PRECISE WE  WAITING FOR A YEAR NOW WE HAVE DONE ALL WE CAN AND STILL NO SIGN OF NOA2 SENATORS,CONGRESSMAN ETC. MY FIANCEE TRIED TALKING TO A LAWYER AND HE SAYS SINCE WE DIDNT START THE PROCESS WITH HIM HE CANT BE INVOLVED BUT PLEASE SOMEONE OUT THERE HELP US WITH A LAWYERS NUMBER WHO WILL INTERVENE ON OUR BEHALF. I KNOW U WILL SAY A LAWYER DO NOT MATTER IN THIS PROCESS BUT WITH OUR STAGE NOW IT DOES PLEASE HELP IF U KNOW ONE WHO WILL TAKE OUR CASE..IT HAS BEEN A LONG WAIT..DO NOT WISH ON ANYONE

Make Info Pass appointment. Do this on the USCIS web site. Go sit down with USCIS in person. A lawyer isn't going to be able to do anything you cant do yourself.


NingFemaleThailand2013-07-06 11:23:00
K-1 Fiance(e) Visa Process & Procedureski visa

hey guys, guess you all fine, am Nifa from Uganda, am new to this website but will really appreciate your help,, i applied for a K1 visa in june hope to be approved after a few months but am alittle scared i have been denied two time for students visa, that was in 2011 and 2012, so now my fiance decided that we should use the k1 visa, do you guys think i will have issues with the immgrations???? i was denied coz i didnt have strong ties......  does anyone know how long it will take for me to be approved, am so tired of the lonely life i badly want to be with my man... thanks alot and hope to hear from everyone very soon

The denials for the tourist visas are normal and nothing to be worried about as far as the K 1 application is concerned.

I suggest you both work on documentation of your relationship which will be needed later. Now is the time for planning.

How long? See the timelines here on V J. They are pretty accurate. Plan on about 9 to 12 months. Keep in mind USCIS is working on 2.5 million cases more or less.


NingFemaleThailand2013-07-17 10:33:00
K-1 Fiance(e) Visa Process & ProceduresProof of on going relationship

You actually have it backwards. What you need to send now is proof of having met in the last 2 years, not ongoing relationship. What you HAVE TO INCLUDE NOW IS: "passport stamps , plane  boarding passes , travel itinerary and hotel receipts" if you don't include all of those now it will be RFE'd. If you already included these things than sending all of that you listed before is not necessarily necessary, but it wont hurt.

Agreed.

The problem with sending in a mountain of info that isn't required is the length of time it adds to the case. When this is done no one should complain that the case is taking too long. Someone has to go thru all of this to get to the important docs they need.

See what L & M had to add. Makes more sense.


NingFemaleThailand2013-07-19 23:53:00
K-1 Fiance(e) Visa Process & ProceduresChange of Address - K1 visa

Hi,

 

I, the US citizen, have moved. We are waiting for the NOA2.  How do i go about changing my address?  I have all of my mail forwarded to me but i am still nervous about not receiving something about the visa application. I am based in Georgia, so i assume i would have to contact the East coast office if i was required to contact anyone.  Please, please, please advise!

 

Contact USCIS by phone or web site to do the change of address.


NingFemaleThailand2013-07-23 11:55:00
K-1 Fiance(e) Visa Process & ProceduresNeed Advice For After NOA2

One huge problem you may have is that fact that BKK doesn't allow the use of co sponsors for K 1s in most cases. 

You could choose to proceed with the income info you have now and submit the higher income info with the 134 at the embassy stage along with the Packet 3.

Additionally after looking at your timeline I would add some info.

Your case should be on its way to BKK. When its at the embassy you can submit the P 3 info which includes the 134. At that time you can use the higher income info which may help your case depending on the level of income. You can delay sending in the P 3 info or tell them she will bring in additional income info at the time of the interview.

You ask about the " case expiration date". I think you mean the petition date. Don't worry about that as they will extend the date as required with no effort by you.


NingFemaleThailand2013-07-24 17:22:00
K-1 Fiance(e) Visa Process & ProceduresNeed Advice For After NOA2

Hello,

 

Basically we all the documents prepared such as the tax forms and bank statements etc. The only thing we are pretty much waiting for is my letter from my employer. I could get the letter quickly but it will show part time status. I just recently increased my hours to full time but it takes 2 weeks for my boss to change my status . So right now im debating on whether to wait the two weeks or just send the part time letter. keep in mind that along with the part time letter, i also have a  co sponsor. Our case expiration date is coming soon so i want to send all the documents as soon as possible. what do you guys think?

 

 

bobby and miji

One huge problem you may have is that fact that BKK doesn't allow the use of co sponsors for K 1s in most cases. 

You could choose to proceed with the income info you have now and submit the higher income info with the 134 at the embassy stage along with the Packet 3.


NingFemaleThailand2013-07-24 16:58:00
K-1 Fiance(e) Visa Process & ProceduresK-2 Questions

It's because of the way K3 works.... Most of the time they don't stay as K3 cases and I think you need that initial I-130 as well.  It's an odd visa that's hard to understand because they're so rare now as well. good.gif


I learned something new too. biggrin.png


I was happy to see the death of the K 3 after what I experienced. We didn't know anything about the processes and made ignorant mistakes but we were devastated when we learned my daughter didn't have derivative status. My husband had asked the embassy because he lived in Thailand at the time but they wouldn't answer no matter how many times he tried. What took place in my case caused us a lot of problems and it took 408 days to be issued my visa. Just at the end we found out about the problem with my daughter so it was another set back. They did offer to convert my visa to a C R 1 but we didn't know exactly what that meant and how that might affect my daughters so we declined.


NingFemaleThailand2013-07-24 21:04:00
K-1 Fiance(e) Visa Process & ProceduresK-2 Questions

The OP is on a K1/K2 visa, not a spousal visa like you.  The child is a derivative of the K1 visa.  (Also if a k3 visa is actually recieved, a child can be a derivative via K4 visa but as K3 are obsolete and rare, it's best to file for a IR2/CR2 instead) 

 

The mother will need a notarized affidavit saying that she is allowing the child to move with her full consent.

They may need to have DNA testing done to affirm that the mother is the mother, and that the father is actually the father.  

 

I found this on the NVC website:

 

I am sure you are right when it comes to the K 1. Thanks for correcting what I said.

However in my own K 3 case we were told there was no derivative status for my daughter so we had to file a petition for her which delayed us many months. This happened years back.


NingFemaleThailand2013-07-24 19:30:00
K-1 Fiance(e) Visa Process & ProceduresK-2 Questions

No we havent filed for her because she is listed as a child on the I-129f. I thought the children's info is sent to the consulate with the parent's, at the same time. I know she will need a medical exam and her passport.  From what I understand they dont acutally interview them just validate their info and if they are going with the parent or later. Since she is not with him, and they need to see her face to compare to photos/passport, trying to see if can do a 2nd seperate interview for her in Nigeria when he goes. 
 We were just talking and are thinking maybe to change his consulate to Nigeria and go there to do it all. Its just to file a seperate petition is more money.  There have been a few things( like broken cars and medical expenses) eating into the savings.

We made this mistake with my daughters visa in not thinking we needed a separate 130 petition. Each person needs a petition and children do not have " derivative" status even though they seem to when we read the forms.

You need to re assure yourself about several aspects of what you are attempting to do and get the info directly from the embassy in Nigeria. If you don't do this you will be very disappointed I am sure.

The child will need a passport as you know and will have the medical. I am sure they don't interview a 2 year old but the child will have to be taken into the embassy to be seen.

Where he tries to interview is up to him but from what we see about Nigeria it doesn't get any worse for those that have to do it there.


Edited by Ning, 24 July 2013 - 05:41 PM.

NingFemaleThailand2013-07-24 17:41:00
K-1 Fiance(e) Visa Process & ProceduresK-2 Questions

Just realized the way that is worded makes it sound like we are trying to bring the child to the US illegally. But I meant what documentation do we need? The mother is in agreement to let the daughter move here.

I didn't get that meaning from what you said at all. I strongly suggest you ask the embassy directly what they require to issue a visa to this child. Whatever actions are needed must be centered in Nigeria because the child is there and I assume a citizen of Nigeria.

It could be as simple as a letter signed by the mother allowing the child to emigrate to the USA. The embassy in my country for example will give people a sample letter as a format.

Additionally I believe you will need to file a petition for the child just as any other person would. Have you done this?


NingFemaleThailand2013-07-24 16:44:00
K-1 Fiance(e) Visa Process & ProceduresK-2 Questions

Ok, let me know if I am in the wrong forum please.

 

Here is the issue.  I am the US citizen, I filed an I-129f for my fiance and included his 2 yr old daughter on there. That is the easy part. Kenny is in South Africa working but is a Nigerian citizen, and will do the interview in South Africa.  We planned on bringing his daughter her later, so we could be a little more established. His daughter is still in Nigeria.  I know she needs to "interview" also with a medical exam and present her passport. How do we do this?  Can she have the medical done at a Consulate approved doctor and send it to South Africa? and Kenny take her passport with him? or does she need to be present also?

 

And I am confused on time frames because 1 spot says 3 months and another says a year form the issue date of Kenny's visa.

 

We would like to use the K-2 since it is included with his K-1. He will be stopping in Nigeria on his way to the US from  South Africa. Is it something he can take care of while there?

 

Also the child's mother is not deceased, they were never married , so there is no custody papers. What do we need to show legally able to take her out of the country to live here?

I believe the most important thing you need to do is contact the embassy in Nigeria directly to get first hand info about what they require to issue a visa to this child. The father will have to prove custody or have a special letter from the mother.

Nigeria is a place where people need to be very careful about the correct understanding of the exact procedures.


NingFemaleThailand2013-07-24 14:15:00
K-1 Fiance(e) Visa Process & ProceduresGerman Citizen

Hi, i know this is a crazy question - but, my fiance is German and he met a US lawyer (my fiance is working on a cruise ship) and the lawyer told him that there was NO WAY he would ever be approved for a K1 visa because he is German. He is completely freaked out, and so am I!! Can anyone give us info to the contrary?? He is completely bummed and wants to stop the process and for me to move to Germany. Any one else's experiences much appreciated!! Thanks, Amanda

The lawyer must have just come from the bar. Simply ridiculous to say that. See the guides to find the correct forms ect to begin the case and file the petition.


NingFemaleThailand2013-07-25 15:18:00
K-1 Fiance(e) Visa Process & ProceduresI-134 or I-864?

Hi, VJs
What is the difference between I-134 and I-864???
I just asked to file I-134 but do I also need I-864?
Confused
Help
Thanks you very much.
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The 134 is used for K 1 cases. The 864 is used when you file the AOS procedure. You only need the 134 for your case. Good idea to include at least one years tax transcript with the 134. Get this free from IRS by using the web site or calling.


NingFemaleThailand2013-07-29 21:47:00
K-1 Fiance(e) Visa Process & ProceduresI-134 Interview

Silly me. I don't know what I was thinking. I sent my fiancé the I864 affidavit of support instead of theI134.
I will mail the correct one this week. Are the poverty guidlines the same? Can anyone tell me how much it should be for a family of 5 please.

Also, my employer no longer issues letters of job verification. They use this site where people can go in and check whatever they need to verify. I did go in and print my information out. Will this be an issue as it isn't a signed letter? All requested information is on the print out.

My approval is only good for three months. I thought it was supposed to be four. Has the time frame changed??

Thanks in advance for the responses VJ fam






Silly you. All anyone has to do to obtain this info is google U S poverty guidelines. For 5 people its 27,570 for 2013.

You don't indicate sending at least one years tax transcript.

If by your approval you mean the petition it will be extended with no effort by yourself.


NingFemaleThailand2013-07-29 21:41:00
K-1 Fiance(e) Visa Process & ProceduresI-134 Interview

I have a letter from my Employer $21k  a year I'm a student  I have the pay stubs , my Tax Transcripts can my fiancee be denied because of this? It would be just me and her we are both 24 year olds

Denied? You exceed the U S govt poverty level by enough for two people which is 15,510 dollars for 2013. No you wont be denied based on your ability to support her.


NingFemaleThailand2013-07-29 18:25:00
K-1 Fiance(e) Visa Process & ProceduresI-134 What to include?

Hey folks,

So I'm working on the I-134 form right now and vj asks for a few things to be attached to the form as evidence like 3 recent pay stubs as well as a letter from the employer.

The thing is my fiancé is in the us military. Do y'all think he will still have to provide all those things? He was saying I should just attach the "LES", which basically is a pay stub plus some more info. Do you think that might be enough or should we still include banking statements and a letter from the employer (not sure if they would issue one)

Thank you all for your help!!!





Use a tax transcript as proof of income level as well as tax status. Get that from the IRS free on line by requesting it. They will mail or fax it to him.


NingFemaleThailand2013-08-03 21:13:00
K-1 Fiance(e) Visa Process & ProceduresForm I-129F question

Thanks for all of your replies.  I apologize for leaving out an important piece of information.  We are a same sex couple.  We have been living together in Thailand for the last ten years because, until now, it has been impossible for my  Thai partner to emigrate to the United States.  We cannot get married in Thailand(or any place in Southeast Asia).  So, that still leaves me uncertain how to reply to the address in the United States question.  In connection with the address question, I just noticed another potential problem.  USCIS 

states that at the consulate interview, in order to demonstrate financial support, my fiancé may need to present form I-134( this form may not be required).  The instructions for this form clearly state that I need to reside in the United States.

That's a game changer for sure. As a Thai I know you are right about the ability to marry in Asia. Ridiculous if people understood how accepting we are about gays in every day life there.

In my own case which was not a K 1 my husband had lived in Thailand for 2 years but was able to write statement for the embassy which explained the domicile question. They never questioned us about it.

I copied some info below that should answer you question about addresses.

According to the U.S. State Department in Washington, D.C. (which oversees Embassies):

"The sponsors must have taken a credible combination of steps to make the U.S. his immediate principal place of abode. Such steps might include finding U.S. employment, locating a place to live, registering children in U.S. schools and other indices of residence. The sponsor should also have made other arrangements to relinquish residence in the third country. It is not necessary for the sponsor to precede the sponsored family members to the U.S. to re-establish residence and domicile provided that the sponsor has taken the type of concrete steps outlined above."

I think the 134 is mandatory now for K 1 cases. In your case the US citizen would need to write a statement indicating they lived for that long in Thailand and include as a tax transcript any IRS info for at least one year if possible.

Your case will have a support issue if I understand this correctly. BKK does not allow co sponsors in most cases but I think you must try unless you have substantial liquid assets to offset the lack of a US income.

Do you have someone that would sponsor you if it were allowed? If so there is a way to present that in an attempt to use them.

.


NingFemaleThailand2013-08-03 21:03:00
K-1 Fiance(e) Visa Process & ProceduresForm I-129F question

 

Multiple reasons.

 

1.  I takes a couple months vs. 6-12 months

 

2.  It results in a green card upon arrival in the U.S. without having to adjust status.

 

3.  You can file everything in the foreign country without having to file things in the U.S.

 

4. There's a few others I can't think of.
 

Karee you are too humble at times. You forgot to add experience and knowledge which the doubter lacks completely.


NingFemaleThailand2013-08-03 18:29:00