Forum	Title	Content	Member	Sex	Country	Date/Time
K-1 Fiance(e) Visa Process & Procedures	Passport Name vs. Visa Name	My fiance got her visa, (yay!) but I don't know if I should worry that her name is not 100% correct on the visa. Her given name is like "XXX YYY" but on the visa it is "YYY XXX." I realized this when she sent me a picture of her visa. I emailed pictures of her passport and her visa to the consulate, and asked if they needed to re-issue a visa, and they said that the name on the visa matches what they have in the State Department database. She has her flight to America in about two weeks. For what it's worth, she is Vietnamese, coming from Vietnam. Do we need to change her name in the system and get a new visa issued? Will she be turned away the way it is now? I'd hate to further delay the process.   Ask the airline too.  They will be the first ones to either grant her boarding or not.  The US has the information in their computers plus the visa is attached to her passport, not an easy thing to forge.  The Embassy may say it is okay and not re-issue you a new visa only to have the airlines say that the visa is not valid and she cannot board the airplane.   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2013-11-29 19:49:00
K-1 Fiance(e) Visa Process & Procedures	evidences for relationship	thank u, so u mean at the interview i will show the chat, sms and viber?   Depends on the Embassy/Consulate the beneficiary will have their interview with.  For some Embassies/Consulates it is best to frontload all the relationship proof up to the time of petition submittal so they can look it over before the interview.  Then at the interview you give them from the time of petition submittal until the interview date.  You do not have to include ever single chat if the Embassy/Consulate is considered easy.  A sampling to show how the relationship has grown over time should be enough.  I split ours up from the first e-mail to our first meeting.  From the first meeting to the second meeting.  From the second meeting to the proposal or third meeting.  From the proposal to petition submittal.  I then included from the petition date to interview date for the interview.   YMMV,   Dave	Dave&Roza	Male	Kazakhstan	2013-12-09 09:10:00
K-1 Fiance(e) Visa Process & Procedures	clarification on `other names used` in k1 visa	Hello everyone. I need your advice regarding this matter that made me confused. I don`t know what`s the best thing to do with it. My fiance (petitioner) was born in US with his blood father`s surname written in the birth certificate. His mom and blood father got divorced and she remarried again. My fiance is using his stepdad`s surname in all his school documents, drivers license and other legal papers. He was not legally adopted yet. He is waiting for his stepdad to adopt him but it didn`t happen. My fiance got married and divorced with his stepdad`s surname. He only have a certification that says he was named with his blood father`s surname and it changed to his stepdad`s surname when he grow up and go to school. This certification serves as a certified birth record to his new name but it was lost. We are going to send the forms for the petition but we are doubtful because we might have problems with  his names. He put his stepdad`s name in the FATHER at the G 325a. But he put his name with blood father`s surname at the OTHER NAMES USED. Are they gonna question the information? Do we need to send his birth certificate with his blood father`s surname? Do we need to write a supplement that explains why he got other names?  I hope someone could answer my case. Im really bothered with it. If only its easy to get a certified copy of his new name, but he said it will take long time. We are still in the petition process but we can`t move forward because the basic documents are very confusing. We dont know what to do. All answers and ideas are appreciated. Thank you so much!   First, his FATHER on the G325A is his biological father and not his step-father and his MOTHER is his biological mother and these should be verified by the names listed on his BC as FATHER and MOTHER.  He completes the forms in the legal name he is using now and lists all other names used in the past under the "other names used" section.  This section is mainly for women as there is the issue of married name verses maiden name, but your fiancé used his father's surname and then his step-father's surname.  One is his current legal name and the other is listed under "other names used".    Good luck, Dave	Dave&Roza	Male	Kazakhstan	2013-12-09 11:45:00
K-1 Fiance(e) Visa Process & Procedures	i-134 charge	$119!! Is that right???   For the form there is no fee.  For the interview where you submit the form, that depends on the Embassy you have the interview at.   Dave	Dave&Roza	Male	Kazakhstan	2013-12-10 15:48:00
K-1 Fiance(e) Visa Process & Procedures	Confused about Travel date	Hello! I received my K1 visa a few weeks ago and plan to leave towards the end of February. The visa expires in May. Kindly help me clarify if; I have to leave earlier due to my medicals and police report? What is the validity of the medicals? Does it matter when I go as long as it is before the visa's expiry date?   You must enter the US before the expiry date on the visa--otherwise you will not be allowed to enter the US.  Once you enter the US, the K-1 visa has been used and is no longer valid.  You must marry by the expiry date on the I-94 form.  Once you do all that, your obligations of having the K-1 visa are fulfilled.  Of course, you will want to become a LPR, so you file the adjustment of status (AOS)--along with the employment authorization document (EAD) and advance parole (AP) which are free when filed with the I-485--page 4 has the answer you are looking for.  When you do that will determine if you need a new medical or not.  You do not need a new police report as that was required to obtain the K-1 visa in the first place.   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2013-12-11 13:47:00
K-1 Fiance(e) Visa Process & Procedures	I-134 Affidavit of Support question.............	Although I don't have an answer for your question. If you own a home I believe you can add this to your assets.   Not if it is the primary residence as they consider this an undue hardship if it is sold.    Do you count the children on your 1040 form as dependents?  If yes, then they are member of your household no matter what.  Since you are responsible for the children financially or potentially can be totally responsible for them they are counted whether you have custody of them or not if they are under 21 years of age.  Typically the rules for the I-864 are used for the I-134 as it will be required to be filed for the adjustment of status (AOS).  Have a look at the instructions for the 1-864.  You need to be able to pass the income tests for the I-864 at some point during this process so you might as well start now and if your current income cannot support a family of 4 then find a co-sponsor.   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2013-12-19 23:30:00
K-1 Fiance(e) Visa Process & Procedures	Assembling I129F Package	Hi everybody, How should I assemble my I129F Package?  I know USCIS advises to use ACCO fasteners, but is it OK to punch my documents?  If I use ACCO, i have to punch every document, and I'm not sure if I should do that.  Or should I just use mini-clips, paper clips and a big clip to hold the whole petition?  What do you suggest?     Use one big clip to hold it all together with the check on top followed by the cover letter and then the application.  Then it is up to you how you want to organize it.  I put the documents in the order I listed them on the cover letter so I could see that I did not forget anything.  Let the person who gets your file have the ability to easily organize your documents as they see fit.   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2013-12-21 20:20:00
K-1 Fiance(e) Visa Process & Procedures	Got the K-1. Now what are our options for getting married?	Does the AOS HAVE to be filed before the 90 days is up?   There is no time limit to file the AOS.  Once the I-94 expires you are in a state of over-stay, but that is forgiven when you file for AOS.  It may affect your ability to use advance parole (AP) if you have an over-stay of more than 180 days (that has been debated here on VJ a bit).  If you wait until 1 year after the medical, you will need a new medical.  IF you wait until you have been married for more than 2 years you should file the I-130 with the AOS as it has been debated that a K-1 cannot receive anything but a 2 year GC, but being married more than 2 years makes you eligible for the 10 year GC. (Again this has been debated here on VJ quite a bit).   The only consquences of not filing for AOS is that the alien spouse cannot work, cannot drive (after the current DL expires, if one is able to get one in the first place--this is state specific so please check with your state's DMV--as there is not proof of lawful presence in the US), cannot leave the US and re-enter (you can always leave the US, but the GC or AP allows you to re-enter), and may be detained by CBP employees if one wanders too close to one of the borders. It also delays the ability to become a USC.   Dave Edited by Dave&Roza, 28 October 2013 - 11:39 AM.	Dave&Roza	Male	Kazakhstan	2013-10-28 11:37:00
K-1 Fiance(e) Visa Process & Procedures	Got the K-1. Now what are our options for getting married?	Hello Everyone,   My fiance will be arriving in America on her K1 visa in early December, and we are trying to make sure that we have all of our ducks in line to get the ball rolling on the I-30 application as soon as she arrives.    One question that I have regards our options for getting married.  The idea of planning a full-on wedding inside of 3 months of her arrival is unfortunately out of the question.  We were hoping to get a civil union and plan a proper wedding after she gets her permanent residency, but I have read here that a civil union will not suffice for the I-30.   I'm sure that we are not the first couple who has been unable to plan a full-on wedding within the 3 month window.  How do people usually handle this?  Do they just "sign the papers" and then have a real wedding sometime in the future even though they are already married?   As always, thank you for your help!       Please check the K-1 visa in her passport to see when it expires.  That is the date she must enter the US by. It is tpically 6 months after the visa is issued.  Option #1: she remains in her home country for a while longer while you plan the big wedding.  Once the date is set and all the arrangements have been made, she can enter the US and then the 90 day clock begins.  You get married and then file the I-485 AOS (Adjustment of Status) along with the I-765 EAD (Employment Authorization) and the I-131 AP (Advance Parole) so she can work and travel before the GC arrives.  So this methods gives you almost 9 months to plan a wedding.   Option #2: she arrives in the US and you get married with either a small simple affair or at the courthouse and then file the AOS, EAD, and AP.  Just remember that the AOS filing fee is $1070.  A friend of mine had a courthouse wedding and then invited all their freinds over to celebrate.  Neither he nor his wife could justify spending all that money on one day.    No matter which option you choose, just amke certain you get married before the I-94 expires (the I-94 is now electronic so you will need to go to the CBP website to print out a copy or two as you will need this for AOS).   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2013-10-27 12:44:00
K-1 Fiance(e) Visa Process & Procedures	Noa 2 : middle name incorrect	The petitioner's name is not as important as the beneficiary is the one that will be issued a visa.  Also the first and last name need to be accurate as the middle name is not considered as part of the official name--on US documents.  If it was the beneficiary's name, it can be corrected by the Embassy/Consulate at the time of interview and issuing of the visa as the name on the visa must match the name on the passport in which it is attached.  I would not worry about it too much.   Good luck, Dave	Dave&Roza	Male	Kazakhstan	2013-12-23 23:56:00
K-1 Fiance(e) Visa Process & Procedures	Name error on NOA2 hard copy! HELP!	Got our NOA2 hard copy today and I have noticed they have spelt my last name wrong (they put MUPHY). Is this going to be a problem?? It also says our case has been forwarded to the consulate. Is that normal as thought was sent to NVC first? Also what's the numbers above my name?   Those number above your name in the format of xxx xxx xxx is your Alien number or A#.  Was your name spelled correctly when you received the NOA1?  The Consulate should get the name correct as it must match the name on the visa.  If the petitioner's name is incorrect (i.e. USC) then it is not a big deal as no one other than USCIS knows who the petitioner is.  The approved petition goes to NVC for a very, hopefully, short period and is then forwarded to the Embassy/Consulate where the beneficiary will have the interview and then receive the visa.  Just make certain that all forms are correctly filled out for the Consulate and mention the last name issue at the interview.  No need to contact the USCIS as the process has moved to the Embassy/Consulate stage--deal with them to get this resolved.   Good luck and congrats on getting to this point in the process,   Dave Edited by Dave&Roza, 27 December 2013 - 01:27 PM.	Dave&Roza	Male	Kazakhstan	2013-12-27 13:25:00
K-1 Fiance(e) Visa Process & Procedures	Airplane Ticket Information	He needs to buy a one way ticket not round trip. Have a good day   There is no requirement on how the person on a K-1 enters the US.  I bought my wife a RT ticket with the return 89 days after arrival.  Once married I canceled the return leg as there have been stories her on VJ where the airline sells the seat but does not update the manifest and the USCIS thinks the immigrant spouse has left the country before the AOS has been completed.  The only thing a K-1 visa holder must do is get married within the 90 days after arrival.  Then they file for adjustment of status (AOS) along with employment authorization (EAD) and advance parole (AP) so they can work and travel before the GC arrives.  Should they decide to leave the US before receiving the AP, then they will have a hard time re-entering the US.   The consensus is to purchase which ever is the cheapest and meets your needs.  IF it happens to be a RT ticket, then just cancel the return leg and keep that confirmation number until the foreign spouse becomes a USC (should they decide to go all the way) just to CYA.  I know I would be royally pissed if I was REQUIRED to purchase a one-way ticket as of a few weeks ago a one-way was running about $5300 and a RT was about $2200.  The difference when my wife came on her K-1 was $1100 more for the one-way.   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2014-01-08 16:02:00
K-1 Fiance(e) Visa Process & Procedures	POE not in the state of petitioner original address	Hi everyone,   My fiance just got news that he probably move to the another state in next 3 months regarding his job. Anyway, do i have to come to the same state we addressed when we fill in the K1  visa for POE or that could be any states?   Thank you!   The POE is as the name states--it is the place where you first enter the US.  As the poster below notes, they cannot enter at MSP as there are no flights from their country to MSP.  KLM does have flights from Amsterdam to MSP and then MSP would be the POE.  We are lucky that Lufthansa has a direct flight from Frankfurt to Denver, so Denver is our POE when traveling to visit the wife's family.  Accept for the last time we used KLM and we landed at MSP in Minneapolis before flying on to Denver, so MSP was our POE for that trip.    The USCIS does not care what address is put on the forms--YOU DO.  They will not allow the USPS to forward any mailing from them, so your address needs to be correct during all phases of this journey.  There is also the requirement to inform them of a move by the foreign spouse by using the AR-11 form.  Once the USC has filed the I-864 form for your adjustment of status (AOS), the USC must inform the USCIS of address changes using the I-865 form.  If your fiancé has received the NOA2 and you are into the interview stage at the Embassy/Consulate then their is no need to update the petitioner's address.  If he moved before the petition is approved then he needs to inform the USCIS, plus I would have someone get the mail at the old address and send the NOA2 to him as it will have your A# on it.  All of the change of address requirements usually happen after the beneficiary arrives in the US.  All you need to do is put the most current address on the AOS form when you file it.   It doesn't matter. Like Minnesota doesn't have POE, so I need to fly into Chicago POE before flying to Minnesota. Not every state has POE   No entirely true as we entered the US at MSP so it was our POE.  MPS does not have a direct flight from your home country so it is not your POE, that is why ORD is. The POE is dictated mostly by the airlines and what routes are available. Good luck, Dave	Dave&Roza	Male	Kazakhstan	2014-01-15 10:41:00
K-1 Fiance(e) Visa Process & Procedures	Able to meet 100% but not 125% of poverty guidelines. Affidavit of support before or after entering the US?	If only they would let his savings count for something!  Anyway, I guess we'll use the co-sponsor both before and after he leaves Japan.   Assets like savings or a second home or stocks and bonds can be used to cover the short-fall.  For a spouse the assets need to be 3X the short-fall.  So if the sponsor's income is $5,000 short of the 125% of the poverty level then the sponsor would need assets in the value of more than $15,000 (3X the $5,000 short).  The stipulation on assets is that they need to be readily convertible into cash and not cause an undue hardship if they are sold. That is why the primary residence is not considered and some times the only car.   Good luck,   Dave Edited by Dave&Roza, 18 January 2014 - 09:59 PM.	Dave&Roza	Male	Kazakhstan	2014-01-18 21:58:00
K-1 Fiance(e) Visa Process & Procedures	Relying on co-sponsors for k1 visa	Hi there helpful people!   So we have our interview scheduled and are gathering all documents but I was unsure about one area and the call center was zero help.    I have two signed I-134 affidavits of support from my two parents who have enough funds to sponsor my fiancee. I have very little savings having worked as an English teacher abroad for the past three years. I also don't have any current w2 forms as the last time I filed taxes in the States was 3 years ago. I am getting letters from my schools to show that I have and currently work and will get copies of my old w2s anyways.    My question, what other documents to show financial support should I bring? I have from my two co-sponsors letters from employers, w2s, 1080 tax forms, bank statements.   Also, will it be a problem that I, the primary sponsor, does not have enough money since I have two co-sponsors?    Thanks a million. Really I appreciate it very much for any guidance.    Katherine     Looking forward you will need to complete the I-864 form which requires a copy of the most recent year's tax return.  That would be 2013 for you.  You need to FILE a tax return for 2013.  You may want to consider FILING a tax return for 2012 and 2011 also.  As a USC you are REQUIRED to FILE a tax return each and every year you have earned income anywhere in the world that is over the IRS' threshold.  This also applies for a LPR and failing to file a tax return as a LPR can cause your GC to be revoked.   Please note that filing a return does not mean you should have to pay any taxes to the US. You just need to show that you are complying with the law.  The other option is to gather up all the evidence to show that you were not required to file based on IRS law--it might just be simpler to file a tax return to include with the I-864.  You might also think about getting tax transcripts for your parents as most RFEs issued are for incomplete tax returns because of some missing documentation--the tax transcript shows what the IRS accepted and processed and thus is very hard to forge.   The I-134 asks specifically for a letter for your employer, a letter from your bank, and information on any bonds owned.  Unless self-employed the I-134 does not ask for tax return information, but the I-864 does.  It is recommended to complete the I-134 as if it were the I-864 and that form requests the most recent tax year from the primary sponsor and any co-sponsors.   Good luck,   Dave Edited by Dave&Roza, 20 January 2014 - 01:19 PM.	Dave&Roza	Male	Kazakhstan	2014-01-20 13:18:00
K-1 Fiance(e) Visa Process & Procedures	Tourist Visa Denial Effect on K1	Me and my Fiance were denied a tourist visa almost a year ago.   At the time we were not engaged to be married.   We didnt know much about any of the visa processes.   We just thought she could come here to America for a month or so to visit then return home as she had strong ties to her home in BKK.   So of course she was denied so i then went to visit her for a couple weeks in Thailand.   i proposed to her and now we are starting our K1 visa process after doing more research this time around.     My question is.......will the denial of our Tourist visa effect our K1 visa process since our relationship has grow since we applied for the tourist visa?   Will they have our denied tourist visa on file and question us about it at time of the interviews for the K1?   When it comes time to complete the DS-156 form (I think that is the number but it has been a while plus I am not sure they still use that form.  They may have replaced it with the DS-160) it asks for denied visas.  Just list the tourist visa and the date it was applied for and denied.  No problem with the K-1 visa.  My wife had a denied tourist visa and 2 approved tourist visas to list on that form for the interview.  Just remember to begin documenting EVERYTHING about your relationship and travels from now on as you may need it at some point during this process.   Good luck, Dave	Dave&Roza	Male	Kazakhstan	2014-01-28 11:38:00
K-1 Fiance(e) Visa Process & Procedures	What is the final step in the Visa journey?	So my wife received her green card about five years ago. We moved around a bit and are now in a different location that what/where the Green Card went to. In addition, we also want to apply for Permanent Residency. What forms/documents do we need to fill out?   Many thanks!   A couple of questions as you have no timeline  here on VJ.  1) I am assuming, and hoping, that 2 years after getting the GC you filed for removal of conditions (ROC).  Did you file for ROC?  2) Have you as the USC and your wife completed the I-865 change of address for you and the AR-11 for your wife?  If not, I would start by doing that first if the answer to question #1 is "yes".  If the answer to question #1 is "no" then you are in a bit of a situation as your wife's residency terminated when the 2 year GC expired.  If you have lived in the USCIS district that has jurisdiction on your case then your wife is able to file for naturalization based on the 5 year rule and complete the test.   Good luck, Dave Edited by Dave&Roza, 28 January 2014 - 11:08 AM.	Dave&Roza	Male	Kazakhstan	2014-01-28 11:06:00
K-1 Fiance(e) Visa Process & Procedures	Airline Ticket k1	After getting approved with the k1 visa in hand, can the beneficiary purchase the airline ticket or does the petitioner have to? or does it not matter at all? Thanks   One thing to consider is that the AIRLINES may require the physical CC in order to obtain the boarding pass.  Some have other ways of proving that the person flying was authorized to charge the CC.  Lufthansa has several ways to prove this as does KLM, but Air Astana had a complicated method of verifying the CC so it was much easier to just carry it and show it to them before boarding.  So check with the airline you intend to fly with what they require if you purchase the ticket and your fiancée does not have the CC in her hands to show them.   Good luck, Dave	Dave&Roza	Male	Kazakhstan	2014-01-30 12:04:00
K-1 Fiance(e) Visa Process & Procedures	Petitioners name on a k1 visa wrongly spelt	Is it any problem if the petitioners name on a k1 via was wrongly spelt? They got last and middle name correct just the first name wrong. If u've had this xperience plz share, xpecially at d POE   As long as your name is correct and matches the name in your passport you will have no problems using the visa.  The only issue will be that the name of the petitioner on the visa will not match the name of the petitioner or your spouse's name on the USCIS paper  work--I do not see this as a big problem.  Not a big problem, but you may want to contact the Embassy/Consulate and ask them.  Make certain to document what you are told--i.e. time, date, who you spoke to, and what they told you to do if you call them.  You may want to use e-mail to have a paper trail.  The only people to see your visa will be the airlines and the CBP people and they do not care who the petitioner is.  Then you make a copy of the visa to send in with the AOS paper work, that will be the only time the petitioner's name maybe compared to the spouse's name.   It is up to you to decide whether you want to correct it.  IF doing so is a royal PITA, I would not bother.   Good luck, Dave	Dave&Roza	Male	Kazakhstan	2014-01-30 12:46:00
K-1 Fiance(e) Visa Process & Procedures	K-1 visa extension before POE?	Hello everyone! I did search for info and topic here but would like to ask your knowledge again.   I (foreign fiancee) was approved at Tokyo Embassy back in October and my visa is valid until March. We originally planned my POE in December. Then many things happened unexpectedly, and now the expiration is near. One reason is that my mother in Tokyo became mentally sick. She was diagnosed depression by doctors. I want to have more time to talk to her before my marriage. One of the cause of her illness is that she's so worried for me.   Has anyone successfully extended their K-1 after issuance, or given re-issuance of the visa?   Thanks for your advice... we are very much at a loss. Any help would be great !   Sorry you are going thru this.  E-mail the Embassy and explain your situation and ask for an extension.  The only issue I can see is they may make you do another medical.  Another thing to consider is if a new medical is not required, then you have less time in the US to file for adjustment of status (AOS) before a new medical is required.  Typically the medical is valid for 1 year for the AOS phase.  You could wait until the last week before the visa expires and come to the US, get married and file for AOS along with advance parole (AP) and employment authorization (EAD).  After getting the AP you can travel back to Japan to see how your Mother is doing, but that will take about 90 days currently.   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2014-02-14 09:50:00
K-1 Fiance(e) Visa Process & Procedures	boarding passes is lost is it important for the package?	Hello vj members, my fiancee lost her boarding passes of her travel to me so is there anyway so she could get them again or is it really important to submit them in the k-1 fiance package? she have the visa stamp in her passport with entry and departure date, so she must also submit the borading passes with them also?                    thank you so much in advance   IF it was not too long ago and IF she really feels she needs these then call KLM and see if the can get her a copy of boarding passes or the itinerary.  All you need to do is prove you met within the last two years.  Boarding passes and even stamps in the passport only show you were in the same country.  Photos of the two of you together along with the other evidence makes a stronger case.  We had three trips to each other's country so it was a bit easier for us to show that we had met.   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2014-02-15 14:36:00
K-1 Fiance(e) Visa Process & Procedures	expiring passport	hi.. we arrived here with a passport that will be expiring in april... aos filed and accepted.. does anyone know if a passport must be valid.. ie.. not expired.. for the interview??   Once in the US, you do not need a valid passport for the immigration process.  However, you do need a valid passport in order to travel internationally.  Unless the foreign spouse is going to stay in the US until citizenship, they will need a new passport at some point.   Good luck, Dave	Dave&Roza	Male	Kazakhstan	2014-02-22 21:58:00
K-1 Fiance(e) Visa Process & Procedures	Address change after interview but before POE	Hi all My K1 has been approved and I'm going to be moving to DC on the 8th March. After my successful embassy interview my fiancée moved house so we can have our own place, she had been living in a shared house previously. This means the address I'll be living in, and filling in on my landing card, will be different to the one on all our paperwork up to this point. Should we update USCIS with my fiancée's new address before I leave? Could any of this cause additional questions at POE? Thanks, Alex   Landing card?  The I-94s are no more?  It is electronic.  No, they will not care that the address you will be living at is different than what was on the application--that was then, this is now and people move.  Get on the airplane.  Come to the US.  Get off the airplane.  Go thru immigration.  Go thru customs.  Go to your final destination.  Enjoy the fact that you are finally in the US.  Get married.  File for adjustment of status (AOS) along with the employment authorization document (EAD) and advance parole (AP).  Use the correct address for the AOS and all will be fine.   Good luck,   Dave Edited by Dave&Roza, 25 February 2014 - 03:01 PM.	Dave&Roza	Male	Kazakhstan	2014-02-25 14:59:00
K-1 Fiance(e) Visa Process & Procedures	Asking employer for annual income	Hey guys I finally got a job about to start Monday and my fiancee is ready for her interview I sent her out all of the w's and my taxes from 2011-till this year. The officer signed the paper stating i have 3,675 in my bank account my question is would it be okay to ask my employer now to ask how much I will make in a year my pay rate will be from 11-14 an hour depending on the site.    You ask your employer to complete a letter stating position, pay rate and expected hours--i.e. full-time verses part-time.  If you are full-time hourly you can take your pay rate and multiply it by 2080 for the number of work hours in a year to get an annualized income.  Otherwise have the employer state your hours per week and then multiply that by 52 and your pay rate to come up with an annualized salary.    As long as the previous years were greater than 125% of the poverty level and the current job is too, you have nothing to worry about at all.  If only the current job is greater than the 125% of the poverty level, you should be fine without a co-sponsor, but that does depend on the CO.   Good luck, Dave	Dave&Roza	Male	Kazakhstan	2014-02-28 09:27:00
K-1 Fiance(e) Visa Process & Procedures	Declaration of how you met	Just to be clear.  The question is in regards to the first time the two of you met IN PERSON.  You then include evidence to back up the date and location of that meeting.  For the petition to be approved all that is required is that the petitioner is over 18 YO, a USC, free to marry, and has met the beneficiary in person within the last two years and that the beneficiary is also free to marry.  That is it.  So why use more then the three lines provided to describe the first face-to-face meeting?  I started out with a very long paragraph, but finally decided a couple of sentences were enough.  Remember that the petition is approved here in the US and not at the Embassy/Consulate the beneficiary will have the interview at so I think they use a pretty standardize set of criteria when looking over the I-129F.   Dave	Dave&Roza	Male	Kazakhstan	2014-02-27 17:54:00
K-1 Fiance(e) Visa Process & Procedures	Declaration of how you met	So, does it have to be a separate document? Just the statement in I-129F questionnaire is not enough?    I personally would keep it to the three lines provided.  For example: "On 'date' I travelled to 'country' 'to/for reason'.  While in 'city' I met 'X'." Is all that is required along with proof to back that statement up.  The USCIS is only concerned that the petitioner is a USC, over the age of 18, free to marry, and has met the beneficiary within the past 2 years.  That is it.  Now when you get the petition approved and it moves to the Embassy/Consulate that is where it depends on the country the beneficiary is from.   Keep it short and simple.  Do you really want an extra piece of paper that can get lost?   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2014-02-25 10:00:00
K-1 Fiance(e) Visa Process & Procedures	K1 arrival how long	hey guys just wanted to know how long after the k1 visa is approved do you have to come to the us is it 3 months or 6 months    Please, what ever you do, do not rely on us here on VJ to tell you when the visa expires.  Please LOOK at the expiration date on the visa.  There are some countries where the visa is valid for 6 months after the medical and others where it is valid 6 months after the interview and others where the fiancé(e) is placed into administrative processing (AP) for so long that the medical expires.  The expiration date will be on the visa and that is the date your fiancée has to enter the US by.   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2014-03-06 20:05:00
K-1 Fiance(e) Visa Process & Procedures	K1 visa questions/problems	hi, my name is Jose. I am in the process of petitioning for a k1 visa. My wife to be is currently in Mexico and I really need to fully understand the petitioning process in order to continue. On the petition for the visa, it asks for her passport number but unfortunately she currently does not have one. Can someone please explain to me what I must fill out and in what order? Will I have a problem if I leave her passport number blank? Or should she get her passport first? thank you in advance for your answers. Actually if you read the application, there is no place to put her passport number IF she is not IN the US.  Item #15 is to be completed only if the alien fiancé(e) is currently in the US.  So I would complete the form, send it in and have her apply for her passport while the petition is waiting to be adjudicated.   Good luck, Dave	Dave&Roza	Male	Kazakhstan	2014-03-09 01:17:00
K-1 Fiance(e) Visa Process & Procedures	k1 denied petition was returned to USCIS	did not meet the required income and wont accept co sponsor     Ah yes, the hit and miss of the PI Embassy on accepting co-sponsors.  Call the Embassy to get the passport back.  They will get a round to sending it back eventually, but I would pester them until you get it back.  Then get married and if you want your husband's last name on the GC, change your passport name before starting the process.  Remind them that 1) it is YOUR passport, 2) you will not be receiving a visa so they have no need for it any more.   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2014-03-19 13:24:00
K-1 Fiance(e) Visa Process & Procedures	Blurred Boarding Pass	Good day! My fiance are gathering his requirements for K1 visa...And has concerned about his boarding pass (from Cebu Pacific Airlines) because it's very blurred already, the boarding pass was last June 2013. It's still readable but you have to read it very close to you eyes...So have doubts if going to photocopy it won't be readable anymore...Is it okay to send this original boarding pass? I attached the similar boarding pass that my fiance have. Cebu-Pacific-New-Boarding-Pass.jpg ..   Hope you can give your opinions about this....Thanks a lot.     Add some more evidence like the itinerary, CC receipt showing the purchase of this ticket, the passport stamps and/or visa required to enter the country and anything else during that trip.  I would make a photocopy to see how it looks.  Turn up the DPI on the copier so it comes out as clear as it can.  If the copy is okay send it.  If not, then send the original.  You will not really need it again unless it is lost---so keep a copy no matter how bad it is.    Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2014-04-06 13:54:00
K-1 Fiance(e) Visa Process & Procedures	Intent to marry letter does it have to be notarized?	Here's an interesting question I just thought about:  If the signatures must be original, yet the beneficiary e-mails a notarized copy of the G-325A and the letter of intent would that be considered an original signature because it was notarized.  The notary is stating that this person who signed the document was identified to them and they are so stating this by placing their notary stamp on this document.  Then the person takes that notarized document and submits a copy of it to the USCIS--via e-mail to the petitioner who prints it out and includes it in the I-129F package.  So would having the document notarized take the place of having to spend hundreds of dollars to have the original document sent from overseas?    Just wondering.  (of course I realize that it will depend on the USCIS person handling each case)   Dave	Dave&Roza	Male	Kazakhstan	2014-04-11 12:01:00
K-1 Fiance(e) Visa Process & Procedures	Alien Registration Number	My interview was a few weeks ago.  I was approved but, given certian circumstances, I needed to mail the consulate additional information.   Now, with that being said, on the form that I need to mail in, it's asking me for an alien registration number.  I've called, emailed, etc and no one can give me a straight answer.  I've seen on visa journey that the alien number was given on the NOA but, then some other research said with the NOA having an experiation date that, it wouldn't be vaild.   Should I use that A#? Or would my best bet be to leave it blank?  The longer I hold on to these forms, the longer I wait for my passport to be mailed back. And we're kind of in a hurry since, I am pregnant and due in a few weeks.  Any help would be appreciative!  Thank you!   Your A# is just like a SSN in that it is now yours for life.  It identifies your immigration file with the USCIS.  Including it will help them find you file.  For us the only place we found the A# was on the NOA2 for the K-1.  Of course now it is on her GC.  If you have an A#, include it.   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2014-04-15 14:28:00
K-1 Fiance(e) Visa Process & Procedures	You met each other, in person, at least once within 2 years of filing your petition	Hi I want to inquire from VJ if the statement below on the USCIS website affects me since i and my fiancee met just a year ago and we want to file for a K1-VISA. She has travelled to spend her vacation with me twice since we meet. You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver: 1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)?s foreign culture or social practice. 2. If you prove that the requirement to meet would result in extreme hardship to you.     You have one year to file the petition, otherwise you will have to see each other again.  I'd hurry up and file that petition.  For the waiver you need to prove #1 which is out the window because you two have already met. #2 would require that the beneficiary is from a county where a tourist visa is impossible to get and the petitioner is physically unable to travel--they might consider financial hardship, but I have not seen nor heard of any successful waives to the having met within the past two years, plus she has visited you twice.  Based on what you have stated, you would not qualify for either waiver and therefore must file the petition within 2 years of your last meeting or meet again to reset the clock.   Dave Edited by Dave&Roza, 16 April 2014 - 11:36 AM.	Dave&Roza	Male	Kazakhstan	2014-04-16 11:36:00
K-1 Fiance(e) Visa Process & Procedures	Original Signatures for Letter of Intent and G-325A	Can someone confirm that the original signatures are absolutely required for the letter of intent and the G-325A form?  I'm just worried with the post office that things will take such a long time.  He lives in Romania, and when I sent him a package for Christmas, he received it in March, with priority shipping!  If original signatures are needed, then I guess we have to just stick it out.  I just wanted to make sure.  Thank you.       Here's a thought I had from another thread about using a Notary.  Why not have the signatures notarized and then scan them in and print them out.  The Notary is stating that the person whose name appears on the form showed them ID to prove they are who they say they are and signed this document in front of the Notary.  So even a copy of the signature and Notary stamp and their signature shows that the first signature was witnesses and thus original.   Just a thought to hopefully save time and money.  (This assume the USCIS person does not take it upon themselves to not accept the Notarized signature because in their judgment it is not original).   Dave	Dave&Roza	Male	Kazakhstan	2014-04-16 11:25:00
K-1 Fiance(e) Visa Process & Procedures	K1 visa - Proof of having met	Hi all,   My fiance is about to file for k1. Can we use his flight mileage as a proof that we have met in person, as he no longer has his boarding pass and receipt for flight ticket.         Think of it like this:   An Itinerary show that you planned to travel.    A purchased ticket shows that you were expecting to travel   A boarding pass shows you actually travelled or a visa stamp in your passport shows you actually arrived at the foreign country.   A photo of the two of you together in front of a recognizable land mark shows you were together.   No photos, then items like receipts to show that you were actually in the same place.   You are painting a picture to show a complete stranger who has 10 minutes to look at your entire case to determine if you have met the qualifications.  So think about it from their prospective when supplying information during this process and see if what evidence you are sending conveys that you met in person, or are a USC free to marry, or have sufficient income to support the beneficiary.  The only grey one is proving the relationship is bona fide.    Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2014-04-27 14:32:00
K-1 Fiance(e) Visa Process & Procedures	No tax returns for I-134	Can I ask what is the difference between a tax return and a W2?   A tax return is the COMPLETE return which usually includes the 1040 or 1040A or 1040-EZ.  The W-2 is a wage statement listing income, taxes paid and other related information.  IF you choose to send in a tax return rather than a tax TRANSCRIPT, you will need to include all supporting documents with the return which included the W-2 and 1099s if you have them.  A tax transcript is what you filed with the IRS and is a complete tax return by itself--no need to send in supporting documents as you already did that with the IRS and the IRS is providing the information they have processed on the transcript.  Transcripts are hard to forge and actual prove you filed the return.  All a return shows is this is what I might have filed.  That is why the transcript here on VJ is the preferred document to send in.   Hope this helps,   Dave	Dave&Roza	Male	Kazakhstan	2014-06-15 13:20:00
K-1 Fiance(e) Visa Process & Procedures	No tax returns for I-134	Hi everyone,   We have finally received the packet from the Embassy in Buenos Aires and are gathering all the documents to send them. I have run into a problem for the I-134 form, as I lived abroad or the last seven years until about 2 months ago. During this time I didn't file taxes, oops.   I read that I'll need the tax returns for the I-864 form, so I will just backfile for the last 3 years and hope there aren't too many fines.   My question is then, should I included a letter with the I-134 explaining that I don't have the tax returns, but plan on having them for the I-864?   I will be sending a letter from my employer, a bank letter, and pay stubs from the last two months.   Would love to see how anyone else handled this!   Thanks, Kelly     I would go to this IRS website to see if you are REQUIRED to file a tax return based on YOUR situation.  Foreign income, up to a certain limit like $90K I believe, is excluded from OWING taxes.  The problem you are faced with is the USCIS (and Department of State) expects each and every USC and LPR to FILE a tax return each and every year.  For most of us that is true.  For some it is not true.  So you can either back file the last three years, or you can prove to the USCIS that based on IRS rules you are not REQUIRED to file an income tax return.  Some times it is just easier to back file and submit the tax transcripts.    IMHO, I would concentrate on proving current income to the Embassy and not worry about income from a job that no long exists--that is what the tax return will show.  Show that you have sufficient income to meet the poverty guideline from the time you moved back to the US to present time.   Good luck,   Dave Edited by Dave&Roza, 24 May 2014 - 05:40 PM.	Dave&Roza	Male	Kazakhstan	2014-05-24 17:38:00
K-1 Fiance(e) Visa Process & Procedures	Change of Address	Me again. My finacee has recently moved and her address is now different. Aside form the obvious headache of having to get her mail forwarded, is she required to inform the NVC etc. of her change of address?   Change of address is required when the immigrant spouse becomes a LPR (lawful permanent resident).  You have sent off the I-129F and are awaiting the NOA2 to tell you the petition is approved.  You may miss that notification unless you let USCIS know of your new address.  You still may not receive it--I am assuming you are the USC petitioner.  After the K-1 visa is approved and you get married and file for AOS (adjustment of status) and receive the GC (green card) then you are a LPR.  Then if you move you complete the AR-11 form on-line and must do one additional step if there is a pending petition or application. You have 10 days to inform the USCIS of this change.  For the USC and any sponsors that complete the I-864 from have 30 days after a move to inform the USCIS via the I-865 form.  If you are still in the visa phase of the journey, there is no requirement to notify the USCIS of an address change other than to get letters from them.  As a note, the USPS will not forward any letters from the USCIS; they will be returned to the USCIS.  If you sign up from electronic notification, you will receive an e-mail or text message that something was returned and you will have to call to have it resent.  The person's whose name is on that letter will need to be present to give permission for their spouse to on their behalf if needed or desired.   Good luck,   Dave Edited by Dave&Roza, 15 June 2014 - 12:25 PM.	Dave&Roza	Male	Kazakhstan	2014-06-15 12:21:00
K-1 Fiance(e) Visa Process & Procedures	Traveling after visa granted	Thank you! If we waited to play it safe until after the holidays, or if just in general we didn't apply for a reentry permit into the US, does adjusting his status after we marry allow him to travel freely as well as work?    He must have the EAD/AP card or GC in his hands before travelling or working. If he leaves the US before the GC arrives and does not have the AP card, he will not be allowed back in to the US.  If being home for the holidays is so important, I would wait until after and have him come then assuming the expiration date of the visa is beyond the holidays--PLEASE, PLEASE check the expiration of the visa when he receives it as that is the date he must enter the US by and it does vary by country.  He can leave the US at anytime, but he must have the proper documents in order to enter the US--i.e. valid visa, AP, or GC.   Dave	Dave&Roza	Male	Kazakhstan	2014-06-19 14:31:00
K-1 Fiance(e) Visa Process & Procedures	I-94 form on the plane	I want to send my fiance a sample of how to answer the forms on the plane.  Actually I believe there is an I-94 form and a customs declaration form 6059B.    What I seem to remember from flying is that there are different customs declaration forms, for US residents and visitors.  Am I wrong about that, because I can only find one online? The I-94 says that it must be filled out by "all persons except U.S. Citizens, returning resident aliens, aliens with immigrant visas,..."  The K-1 is referred to in some places as a non-immigrant visa and in other places as an immigrant visa.  So, does she fill the I-94 or not?    On edit.... I found something that says the I-94 is no longer being used (and there was also an I-94W).   Her passport will be scanned at the POE and she will receive an electronic I-94.  After she arrives go to the CBP website for retrieving the I-94 and get a copy.   You will need that for filing for AOS and they become unavailable for retrieval after they expire (or so I've heard here on VJ).  She will need to complete a Customs Declaration Form to list what she is bringing into the US.  Make certain she brings something to write with--i.e. pencil or pen as the flight attendants really cannot understand why someone on an international flight does not have something to compete the forms with and get very annoyed.   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2014-06-28 14:03:00