ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresVisiting my fiancee(beneficiary) while waiting 4 NOA2

I would really appreciate if someone can answer my 2 questions about the forms & when it be the best time to get the medical done. Thanks.



At the Embassy stage the forms she takes to the Embassy/Consulate. You only need to fill out the I-134 (unless India requires the I-864 you need to check on that) and supply her with tax transcripts, letter from your employer, and the signed form. I would check with your Embassy/Consulate as to what they require. I know my financee sent me a packet of forms, I checked them and then sent her all the forms I needed to send to her. Took about 2 weeks and cost $200 for FedEx, but considering the other costs in this process that is peanuts. I also would not finalize the wedding date unless it is a long time inthe future as there are no guarantees about when the visa will be issued after the interview or how long it will take to get an interview.

You cannot do the medical until you have a letter from the Embassy/Consulate allowing you to have the medical (again some places are different so you need to check with YOUR Embassy/Consulate and see what is required for the K-1 visa interview and how to proceed). There may also be an issue of how long the medical is valid for so if you get it done too early and have to wait several months for an interview, ou may end up doing the medical again.

I hope your timeline works as you are planning, but I would not count my chickens until they have hatched nor make any concrete plans until the visa is in her hands.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-05-25 09:14:00
K-1 Fiance(e) Visa Process & ProceduresCan I get tourist visa during wait fiance visa?
If you are the USC then that is not a problem as long as you meet the requirements of getting a tourist visa to that country. If you are the foreign beneficiary it depends first on the country you live in and second how you can show ties to your home country now that you have a financ(e) in the US. All tourists must prove to the IO that they will leave the US and return home. If entering on the VWP you must convince the CBP person you will leave the US or they will not let you in. It is the same for all B1/B2 visa holders--it is just now you are adding a reason for staying in the US that must be overcome.

You can try as all you will lose is the visa fee.

Dave
Dave&RozaMaleKazakhstan2012-05-26 11:51:00
K-1 Fiance(e) Visa Process & ProceduresIs my income sufficient?

im pretty sure you can use assets to make up that couple hundred that your offby? correct me if im wrong??



Yes, assets can be used, but the value of the assets must be 5X the difference between the income and poverty guidelines--I am looking at the instructions for the I-864 which will need to be filled sooner or later so you might as well meet those requirements now otherwise you will be in the same predicament when you have to file for AOS. For the OP who is $192 short that would be equal to $960 and the OP has $900 in the bank. So now the short fall is $60 rather than $192, but it is still short. I would 1) start looking for a co-sponsor, or 2) increase your income and/or savings (but the time for that has come and gone if the interiew is coming up).

For an assets to be considered it must be readily convertable to cash within one year without placing a hardship on the family. The value of the assets are taken at 1/5 of their actual value. A car cannot be used as an asset unless you have more than one. (this is from the I-864 instructions which are more strict than the I-134, but it will need to be completed for AOS)

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-05-31 11:30:00
K-1 Fiance(e) Visa Process & ProceduresSimple G325A Question

Hi!

Just a really quick question. The company I am working for recently moved to another location. On the submitted G325A, what I've written was the old address. Will I encounter problems?

Thanks a lot in advance!


You signed and dated the form, correct?! WIth that signature you are stating that the information is true and correct when you signed it. That is the main reason here on VJ we recommend that you do not sign and put a future date on any documents as life happens and things change--people move, have children, change jobs, etc. So you will not have any problems. If questioned just say they moved to a new address and give them the new address.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-06-04 08:51:00
K-1 Fiance(e) Visa Process & Proceduresself-employed, living abroad, no prior year tax returns
I know it is a royal PITA, but this is why you should file a tax return even if you earned wayyyyyy below the required filing amount. Then you have a record to use should you ever need it. And I am sure filing taxes from a foriegn country is not easy too.

I would submit a letter explaining your situation and include as much documentation as you can. Since you are thinking ahead, what will you do when you file for AOS? WIll your co-sponsor sign the I-864 putting him/her on the hook for your spouse and is your co-sponsor willing to submit a change of address every time he/she moves until your spouse meets the requirements to not need the I-864? Or will you be making enough money by the time you file of AOS?

Getting the petition approved, and then the visa are only the first steps. I would also make certain you can support your new spouse and have the I-864 a figured out.

Good luck,

Dave

Edited by Dave&Roza, 04 June 2012 - 09:03 AM.

Dave&RozaMaleKazakhstan2012-06-04 09:02:00
K-1 Fiance(e) Visa Process & Proceduresblue or black ink?
Lawyers and financial people have you sign in blue ink becuase blue WAS harder to copy making identifying a copy from the original easier. As long as it is an original signature and looks like a real signature I would not worry about blue verses black. I signed most in black and had no problems as I have black more readily available after red and green :lol: .

Depends on who is looking at your petition. You can send in the application and request another divorce decree with the signature if you get an RFE. If you don't your time ahead, if you do the hit will be a few weeks--your call.

In the future if it is a concern, make certain to sign in blue.

Dave

Edited by Dave&Roza, 09 June 2012 - 03:30 PM.

Dave&RozaMaleKazakhstan2012-06-09 15:28:00
K-1 Fiance(e) Visa Process & ProceduresK1 petition expires

My fiancee in Mexico lost her passport.She refiled and paid and they said it would be 10 days its been 14 and they told her she would get it in 8 more days.Her K1 petition expires June 22 and we have not filled out the ds 260 because it requires the passport number.I called the consulate and they said that they automatically extend it but I hate to trust that to a phone call.I cant stand another setback.Any suggestions guys and gals?


The Embassy/Consulate can extend the expiration date of the petition. This happens a lot in countries where there are many applications and the processing time takesmore than the 6 months the petition is typically good for. You are now at the mercy of the Mexican Consulate/Embassy and it is up to them. Only people who have gone thru the same Embassy/Consulate can give you accurate information at this point.

Good luck and I hope the passport arrives soon,

Dave
Dave&RozaMaleKazakhstan2012-06-16 19:36:00
K-1 Fiance(e) Visa Process & ProceduresNo money for fees...

We have our petition approval and now my fiance is gathering all of his paperwork to apply for the visa. The problem is that we really don't have the money available to pay for all of his fees at the moment. He is a student and not working. I am supporting our baby on one income right now. I thought I read somewhere that some fees can be waived depending on the person's financial situation. Does anyone know if this is true and how we would request that?



Not only do you have to pay the fees for the visa, the airline tickets for your fiancee to come to the US, the marriage, the AOS fees after word you have to be above 125% of the poverty level for a family of three for the I-134 form and then again for the I-864 form. How do you plan to live in the US if you cannot afford the fees? This is an expenses route you are taking and you need to be able to pay for it or have someone willing to help you pay for it. I do not want you to get an approved petition and then have the visa denied because you cannot meet the I-134 requirements or cannot pay for the medical or the police certificate or the visa fee at the Embassy stage. I do not know of any way to waive the fees for the I129F. Have a look here for what the USCIS says about fee waiver. Since the applications are paid for by the filing fees, having a waiver puts the cost onto someone else so you need a very, very good reason.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-06-20 21:34:00
K-1 Fiance(e) Visa Process & ProceduresOMGG I just notice this now

Not a problem. The US uses imperial measurements 8.5x11 inches. Many other places use metric, called A4 paper. Not sure the measurements for A4, but it is more narrow and longer than US paper.


For what it is worth the size of A4 paper is:

210 mm X 297 mm or 8.27" X 11.69"

Only the USA and Canada have not adopted the ISO standard for paper.

Edited by Dave&Roza, 22 June 2012 - 05:35 PM.

Dave&RozaMaleKazakhstan2012-06-22 17:34:00
K-1 Fiance(e) Visa Process & ProceduresOMGG I just notice this now

I recieve in mail my fiance's G-325a form he mail to me but i just notice now that the paper he use to print it ,is a litte bigger than the ones i am printing out..will this cause a problem for us...if this is not going to be a problem than i wont do anything and just sent everything together..


He is using A4 paper which is a different size than the US standard of 8.5" X 11". As long as all information is contained on the paper you are okay. If it bothers you, you can trim the length down to 11" but the width will still be a bit smaller. We submitted our documents at the Embassy stage with both sizes of paper. I really wish the US would get off its dead behind and join the rest of the world in using the metric system like we keep promising we will then this issue would go away (maybe in a hundred years :blush: ).

Good luck,

Dave

Edited by Dave&Roza, 22 June 2012 - 05:30 PM.

Dave&RozaMaleKazakhstan2012-06-22 17:29:00
K-1 Fiance(e) Visa Process & ProceduresHow many picure is need for USCIS?
Pictures are considered secondary evidence and do not carry a lot of weight in proving meeting. So two or three of them together in the same location as indicated by the stamps in the passport, boarding passes, and receipts for hotels, meals, airline tickets, etc will help show that the main proof is backed up by the photos. It is better to have the primary proof than a lot of photos. We did not include any photos as we did not have any of us together as I was the one behind the camera. The main thing that has to be proved is meeting in person within the last two years. Proof of an on-going relationship is for the interview once the petition is approved. At that stage more photos may be required, but phone logs, e-mails, skype, and other methods of communications should be saved to show this. Again photos are not considered primary evidence so not many need to be submitted. The once they have should be enough but that depends on the Embassy/Consulate they will be having the interview at as each one is unique. Just thinking ahead for them.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-06-17 01:08:00
K-1 Fiance(e) Visa Process & ProceduresGoing Abroad after K1 Marriage

Hello everyone,

My fiance and I just got out NOA2 for the I 129F last week and are anxiously awaiting for everything else to start moving along. My question is related to after we are married with the K1 visa, we are guessing the wedding will be around Christmas or January. He is looking to start his Masters degree, but after researching the phenomenal cost of degree in the US, he thought about going to Germany (where he did his undergraduate). I told him to start it while he was waiting, but that he needed to come here and stay once the visa got approved, and then we would look into going back. I also found a scholarship for my area of study for Americans who want to masters in Germany, and want to apply for it (obviously no guarantee of getting it). If by some miracle I did get it, I would go in Oct 2013 (about 9 or 10 months after getting married). And of course, since we have already been apart for so long he would want to come with me to finish up his masters there. A few questions that I have looked on USCIS and different pages but have not found exactly the answers I am looking for are this (I would call them, but I don´t feel like waiting just for someone to read information to me I already read online to me).
How long after the marriage will the AOS take/he be allowed to leave the US without having problems with re entry? How much time would he be allowed to be outside or the US without risking his residency getting taken away? Since we would be over there for studies would that make a difference? We plan on living in the US once we finish with our masters, and living together over there. Now I know it may seem like a better idea to just wait until we are ready to stay here permanently, but if I am able to go depends on a scholarship (about 1/3 get it), which I obviously can´t depend on at all. In the mean time, we would like to follow through with the K1 in case that plan doesn ´t work out. And if we do both go abroad and his residency does get taken away, how hard will it be for me to apply for him to come back since he will then be my spouse of over 2 years? Or, if my scholarship doesn´t get approved, and he continues with his masters (he will do part online if I can´t go to Germany), would him having to go over there for a semester without me affect his residency? Will having previously filed a K1 affect our ability to do a K3? Any advice would be much appreciated. I know it sounds like I´m all over the place, and I kind of am.... I just hope someone can make enough sense of this to advise me :)


First things first. After obtaining the K-1 visa and arriving in the US, he cannot leave until he receives AP or the GC. It is currently taking about 6 months or so--for us it was 3 months but that was last year. Once he has the GC he must maintain residency in the US. Going to college would help as long as he shows that he will return to the US after studies. There have been a few who have done this successfully for an immigrant child. It is just a matter of documentation. If he should be outside the US for more than 1 year I would file for a re-entry permit before he leaves to maintain his residency status. It is doable but you must make certain to have all documentation and follow the rules. Just remember that CBP is the one that will determine if he is abusing his GC and revoke it at POE, so being able to show them why he is outside the country for more than 6 months but less than a year is very important.

You could file for a CR-1/IR-1 should he loose his residency, but that will take time and money and he will have to be outside the US until the visa is approved--8-9 months or so. I would work on keeping his residency after he gets it. I would not worry about the impact on Citizenship at this time but pay more attention to keeping the GC.

Good luck,

Dave

Edited by Dave&Roza, 24 June 2012 - 11:05 PM.

Dave&RozaMaleKazakhstan2012-06-24 23:02:00
K-1 Fiance(e) Visa Process & ProceduresMy name on the visa does not exactly match my name on the petition

x 2


X3. You would have an issue if HER name did not match the name in the passport. The petitioner name on the visa is an administration thing. CBP, the airlines or anybody else that cares will only look at her name and the expiration date as she must enter the US before the visa expires.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-07-02 08:43:00
K-1 Fiance(e) Visa Process & ProceduresI have a few questions and concerns regarding the K-1 visa! Please Help!

They want to see sustained income, not just started making that. They do occasionally accept the beneficiary's income if it will be maintained after coming to the USA, but given he's just started making this money its pretty iffy they'll accept his income. And they want a USC on the hook as the sponsor. Even with no income, you have to be the sponsor. You're probably going to need a co-sponsor. Now to add a bit more trouble, sorry, the embassy is not required to accept a co-sponsor for K-1 visas. They are required to accept co-sponsors for a CR-1 visa. The local UK forum can give you an idea of how accepting they are of co-sponsors at the UK embassy.


The Sponsor and co-sponsor is Embassy specific and this person is stating what the norm is for the PI not the UK. You will need to show income for the I-134 and then more importantly the I-864 for AOS. Your husband cannot legal y work in the US until he receives his EAD or GC unless his job in the UK can continue after he arrives in the US and it is legal. It sounds like you will need to find a co-sponsor for both the Embassy phase for the I-134 and then again for the AOS for the I-864. It is harder for the I-864 as this is a legally bind contract between the sponsor and the US government that the sponsor with re-pay the US government any mean tested benefits the petitioner receives until the conditions are met. Some people may not sign such a document for just anybody. I would start lookig for a co-sponsor or a job that pays you the USC about $24,000 per year.

Good luck,

Dave

Edited by Dave&Roza, 03 July 2012 - 11:40 PM.

Dave&RozaMaleKazakhstan2012-07-03 23:39:00
K-1 Fiance(e) Visa Process & ProceduresThis Cannot Be Done... But We Need You To Do It

Hi Larry_and_Xinji,

Thanks so much for the idea and link.

I have Adobe Acrobat 9 Pro, maybe that software will allow me to make one of the form fields fillable?

I appreciate the idea,

notmuch88tosay



If you have Acrobat Pro then print the form to a PDF file. Open that file and enable the typewritter tool. It will ask you to save the file again. I usually save it to the same name and replace the existing file. Then you will be able to enable the typewritter and enter text in and location and any language you have active (I used it to enter the wife's address in Russian). I have the saved OP-169 file that I could send to you if you cannot get it to work. Having Pro makes filling in forms easy unless they lock the form but there are ways around even that.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-07-04 21:42:00
K-1 Fiance(e) Visa Process & ProceduresDO I NEED A CO- SPONSOR

I make about 32,000 a yr and I am trying to petition my fiance and his two kids but i also have two kids, now my question is : would i need a co- sponsor or can i do my own affadavit with no problem??



Fiance, two children, and two children. Family size of 5. Based on the poverty guidelines for 125% for a family of 5, the income requirement is $33,762. So you need to have assets that are easily converted to cash (investments) totaling 3X the short fall or $5,286. Or you need a co-sponsor.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-07-05 10:44:00
K-1 Fiance(e) Visa Process & ProceduresK-1 visa: Are tax transcripts needed if unemployed?

Hi forum,

I'm getting ready to travel to Spain and visit my fiancee again (June 12), and I'm trying to gather everything she will need for the interview following the NOA 2. We have already filed I-129f and our estimated date for NOA 2 is around the end of summer.

So far, here's what I have:

1. Form I-134, completed and signed (attached, with instructions)
2. Photocopies of IRS form 1040, and W2s for last 3 years
3. Copy of birth certificate.
4. Photocopies of everything sent in the I-129f package
5. NOA 1.
6. My co-sponsor's affidavit of support with all the supporting docs.

Here are my questions:

I had a summer job in 2011, but other than that, I've been unemployed because I am a full-time college student. That's all I have to provide for 1040s and W2s. In the fall I will be a student teacher, and then will graduate. Do I need to supply tax transcripts? I never filed my taxes because I did not make the minimum income at my summer job. Also, since I am under 24, my mother claimed me on her taxes. I'm not sure what I need to do for that part.

I know that I'll have to at least provide a letter explaining why I have been unemployed, but my fiancee says I need to obtain a statement from my university on official letterhead that acknowledges my full-time enrollment for the past few years and next semester. Is this so, and who should I get this from? I can go to the financial aid office or the school of education and ask the secretary to do it for me, if nobody else.


Forget the copies of the 1040 and W-2's as you need copies of all supporting evidence and schedules. The best way to make certain you have a complete tax return to submit is to get a transcipt from the IRS. This shows what you actually filed and is accepted by teh USCIS. It is free and takes abot 5-10 business days to receive. Get them for yourself and your co-sponsor. Too many people get RFEs for incomplete tax returns because they forgot to include a 1099 form or some obscure schedule. Also the transcript is what the IRS has on file, a copy is a copy and may or may not have been actually filed.

I would wait to sign and date everything until the interview date is closer. After the NOA2 there is a period of time at the NVC then to the Embassy and then they set the interview date. That can be several months and they want the date to be fairly recent.

For AOS your current income must be 125% of the poverty guidelines. It would be best if the position is perment, but you can file based on your current situation and if you need a co-sponsor they will require one. You might want to have that covered before you file AOS as you will need to find a co-sponsor before the RFE Deadline or the AOS will be denied.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-05-31 11:58:00
K-1 Fiance(e) Visa Process & Proceduresincome tax returns questions

but we hired an agent and he says that it is going to be a problem,so we are so worried.



Easy fix to this--FIRE the agent and listen to us.:D


Dave
Dave&RozaMaleKazakhstan2012-07-12 12:25:00
K-1 Fiance(e) Visa Process & Proceduresincome tax returns questions

my fiance and i are worried about the income tax return requirement at the embassy interview. My fiance was a full time student all the way to september of 2011. That is when his first job started. His salary was 125% above the poverty line for both of us, but since the tax return only shows from september and on from that year, it does appear that he didnt make enough.

Ok, in january he got a promotion where he was making much more and well above the 125% poverty guidline. He has all pay stubs, employment letter to verify his salary. Although he is making enough easily to support us both, his only income tax return from 2011 shows that he doesnt, since it was only a quarter of the year. Do we have to wait until the 2012 income tax return to schedule an interview or should the pay stubs and employment letter stating salary be enough?
We are so worried. We thought i would get there and be married before christmas. I really hope we dont have to wait until 2013!


First, they want to see CURRENT income. So the pay stubs are good. A letter from his current employer to state his hire date, status of his position (full time, contract, salaried, hourly, etc) pay rate backs up the pay stubs--you have all that so you are good to go. The tax returns do show previous income and can show a trend and shows he does have income and filed his taxes. Not as important as current income. Think of it this way: would they want to see the last three years with income well above 125% of the poverty level and the pay stubs for this year are at the 80% level? No, they want to see that he can support you this year and in years to come.

It sounds like you are okay with what you have.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-07-10 21:46:00
K-1 Fiance(e) Visa Process & ProceduresQuestion on DS 156 question #2

Hello

In 2nd question they ask for:
Place of issuance
City - Do I write city where apply/recive passport or authority?
Country - Kazakhstan
state/province - Do I put "----" Almaty city do not have state/province, but in passprot I see "Code of state: KAZ"


If you have one of the new passports they started issuing in 2010, I would put in "Ministry of Justice" as that is how we filled in the form. It is just like in the US in that our passports are issued by the Department of State. Rememebr that this is one form that is to cover the entire world and everybody does it differently. The Kazakhstani passport is issued by the Ministry of Justice and some places have one and others do not. For State put "N/A".

So it is:

Passport Number:N0009898 Place of Issuance: City: Ministry of Justice, Country: Kazakhstan, City: N/A

Good luck,

Dave

Edited by Dave&Roza, 14 July 2012 - 12:42 PM.

Dave&RozaMaleKazakhstan2012-07-14 12:41:00
K-1 Fiance(e) Visa Process & Procedurespoverty level

Why does everyone says it's $18,000?? i looked it up and it says $15,300



If you look at the new poverty guideline here it gives the porverty guide lines that will be used for 2012. However, if you read the USCIS instructions the petitioner MUST make MORE THAN 125% of the povety level for their household size which for a family of two (2) it is $18,912.50 (which is $15,130 times 1.25).

Hope this helps.

Dave
Dave&RozaMaleKazakhstan2012-03-09 09:33:00
K-1 Fiance(e) Visa Process & ProceduresI-134 Question

I know this has been asked a thousand times in different variations, and I have read a bunch on it... I guess I'm just throwing the questions here just to get more peace of mind on the subject. So I'd appreciate any input. I'm about 2 months into the NOA1 stage right now.

Concerning income:

1. I had zero income last year. Didn't work at all. Therefore, I didn't file taxes for 2011. I've read other posts stating that a letter stating that you just write a letter explaining this. Should I be worried about only have a letter that explains this?

2. I started my job April 15th and received NOA1 May 11th. So, going by timeline estimates we should be getting a NOA2 in October and probably an interview in November. So by the time she gets to the interview, I'll probably have sent her roughly 6-7 months worth of pay stubs (12-14 stubs as I get payed every two weeks). My gross income (as I've read is what they go by), is $24k-ish, but after only seven months of employment, there will only be evidence of about $14k earned so far this year. Will all of my pay stubs showing consistent income for that period, coupled with a letter from my employer saying that I'm an awesome employee, we'll keep him forever and ever, blah blah blah be good enough?

I know you all get tired of these questions, but I can't help but worry. Thanks for any replies.


Current income is above the 125% level for your household size (you plus your spouse). Good. Show the pay stubs AND get a letter from your employer stating hire date, income level, job status (full or part-time) on company letterhead from the HR department. I would file taxes for last year only so you can have a transcript for the I-864 when you file AOS. Do you have any savings or other assets you can list? You are above the level by several thousands of dollars so I do not see what the problem is. At least you are not like other people in other threads where they are short of the 125% level. They want to see current income above 125% of the poverty level. They might prefer to see three years above that level, but only the current year matters. I mentioned this before to someone else in your situation: What would you think they would do if you have the last three years where you made $60,000, but this year you made $14,000. Do you think you will be approved with the low current income?

You are above the 125% level for a family of 3. So relax and do not worry about getting a co-sponsor.

Good luck in your journey,

Dave

Edited by Dave&Roza, 14 July 2012 - 10:18 PM.

Dave&RozaMaleKazakhstan2012-07-14 22:16:00
K-1 Fiance(e) Visa Process & ProceduresAbout DS-157 and DS-156

Thank you jkelly07

what about I listed below. Im sure the petitioner will send the affidavit of support..my question is the income tax, w2 form, bank statement. etc..is this needed to be original too?


Get tax transcripts from the IRS so you do not need the W2s or 1099 or the complete tax return--less chance for an RFE with the tax transcript. Bank statements can be copies. A letter from the bank should be on letterhead with an origianl signature. Same for employment letter. Make copies and take both into interview and let them keep the copies.

The petitioner gives you the I-134 with an original signature and with all supporting documents. The rest is from the beneficiary and nothing has to be notoirized.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-07-15 22:01:00
K-1 Fiance(e) Visa Process & ProceduresHow long is the K1-visa valid for travel

After the interview and if visa is granted how long is it valid for? The interview is going to be at the U.S embassy in Guatemala. Do we have to travel right away? Or can we wait a couple of months after the visa is issued?



There will be an expiration date on the visa. Make certain to arrive in the US before the expiraton date--typically the K-1 visa is good for 6 months, but there have been exceptions so please check the date on YOUR visa to be certain.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-07-15 21:06:00
K-1 Fiance(e) Visa Process & ProceduresK1 - will get married on the last 2days stay in US, is it ok?

Hi Everyone. My fiance and I are planning to get married on my 88th day stay in US because we are still waiting and doing some stuff and it need to be done before our marriage. Is there will be a problem if we do that on the last 2 days of my stay and is it ok if i'll get my SSN after i get married?


As long as the date on the marriage certificate is before the expiration date on the I-94 you will be okay. You will now have to wait until you receive the EAD or GC before applying for a SSC. I am going to assume that you will file AOS in your married name so you can get your SSC in your married name--you do not need a SSN to file AOS.

Good luck,

Dave

Edited by Dave&Roza, 16 July 2012 - 06:50 PM.

Dave&RozaMaleKazakhstan2012-07-16 18:50:00
K-1 Fiance(e) Visa Process & ProceduresPleasee Help,Really Important ?'s for fiance visa!!!

Hi Everyone,

I just got my passport visa k1 today, the problem is my petitioner last name which is "ANNOTATION" was incorrect. supposed to be there is DEWITT but they put DEWETT..! I might have a problem when i fly on 20th of July 2012 to the U.S. in my situation? Or should i call US embassy manila? Because im here my province Cebu..Pleaase i need your help guys or please give me some advice ..Thank you so much Godbless u all


Is YOUR name correct?!! That is the most important thing. The airlines, CBP and everybody else will not care what the name of the petitioner is as he will not be present to show an ID. It is your name on the visa that must match the name in the passport and on the airline ticket or there will be problems.

Relax and have a safe flight,

Dave
Dave&RozaMaleKazakhstan2012-07-13 17:35:00
K-1 Fiance(e) Visa Process & ProceduresPleasee Help,Really Important ?'s for fiance visa!!!

I don't know why people keep saying you don't have to prove you have an ongoing relationship but you do need to prove that as well as that you have met within 2 years. I would assume the invitation isn't necessary to send, like the previous post send follow this guide to a T. I made the mistake and just discovered this guide like 3 months after I sent out application and realized that I made a huge mistake! http://www.visajourn...content/k1guide


Because for the petition, the I-129F, all you have to do is 1) prove the petitioner is a USC, 2) that petitioner and beneficiary have meet in person within the last 2 years (unless they qualify for the exemption), 3) that both petitioner and beneficiary are free to marry, and 4) that both petitoner and beneficiary have the intent to marry within 90 days of the beneficiary's entry into the US. That is it. There is nothing about whether the relationship is legit at this stage. That is for the visa application at the Embassy/Consulte and each and everyone is different. Most people at VJ do recommend that you pre-load the petition with relationship evidence and add to it at the Embassy stage. However, the bare minimun required by the I-129F is to meet the four requirements listed above.

A wedding invitation does show that you have the intent to marry, but given the processing times it is hard to set a firm date. The letter of intent you sign stating you will marrying within 90 days carries the same weight IMHO. It is up to you how much relationship information to include at this stage. You could wait until the petition is approved and have an interview date before setting a wedding date and including that in the proof at the interview. I would not send it in now as the timing is so uncertain.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-07-13 17:31:00
K-1 Fiance(e) Visa Process & ProceduresSafest way to send documents for interview?

I can use Fedex. The problem is just that my brother is worried about his paperwork being intercepted and basically his life being ruined if someone steals his identity. I know people have to send paperwork to other countries all the time, but it is a legitimate concern. I want to find out what methods other people have used to send their documents because I want to send them in the most secure way I can.



Most secure way is to hand carry them yourself as carry-on. Next is to hand carry them yourself as checked luggage. Next secure way is to use FedEx. Next secure way is to use the USPS International mail service. Then just mail them. You will notice that the costs come down as the risk goes up. I understand his concern. When I applied for my passport renewal I sent the package registered. I was behind a woman who was sending her kids passport application in and needed it ASAP, but sent the application prioity as she was concerned about the few extra dollars but was paying something like $70 to expidite the application.

We used FedEx at about $100 each way for the documents that we needed to send in with signatures. If it is of real concern, then buy a plane ticket and hand deliver them. The benefit is you get to see your financee again.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-07-19 10:41:00
K-1 Fiance(e) Visa Process & ProceduresWhat to do next after getting K1 visa?

Visajourney has been a lot helpful in our "visa journey" with K1. I had my interview last tuesday (July 17) and received the pink form and I believe it is Approved :-). Now I wonder what to do next as soon as I arrived in US Port-of-Entry? The Visajourney guide says:

1. APPLY FOR SSN
2. APPLY FOR MARRIAGE CERTIFICATE
3. GET MARRIED
4. CHANGE NAME ON SSN
.
.
.

CAN I APPLY FOR SSN AFTER THE WEDDING INSTEAD OF GOING BACK TO SSA OFFICE AND CHANGE MY LASTNAME????


You are supposed to be able to, but you may find some dimwhitted SSA employee that will tell you that now that you are married your K-1 is no longer valid (got news for them but the K-1 expired or became useless after the POE) or that the name in the SAVE database must match the name on the application. So most go in and get the SSC in the maiden name and then go back after receiving the GC to get the SSC in the married name and to remove the "VALID FOR WORK WITH DHS AUTHORIZATION" that will be on your SSC. If you are trying to save trips to the SSA then you will have troubles or at least that seems to be the case.

Good luck,

Dave

Edited by Dave&Roza, 19 July 2012 - 03:20 PM.

Dave&RozaMaleKazakhstan2012-07-19 15:19:00
K-1 Fiance(e) Visa Process & ProceduresMissing info on affidavit?

My brother is our cosponsor and I already have his affidavit. I have all of his information except that he forgot to list his house and his mortgage. I can't reach him at work and I need to mail our documents today. Is that missing information important enough that I need to wait?



As long as he makes above 125% of the poverty level you will be fine. If this is his primary residence it will not be accepted as converting it to cash will cause him undue hardship which the USCIS lists those as assets that cannot be used. Sent it off as is.

Good luck,

Dave

Edited by Dave&Roza, 21 July 2012 - 12:50 PM.

Dave&RozaMaleKazakhstan2012-07-21 12:49:00
K-1 Fiance(e) Visa Process & Proceduresanyone ever get RFE'd because of a "scan" instead of a "photocopy"
You have the documnets scanned in on your computer--right? Did yu save them to a pdf or jpeg?If you did, you can take them down to your local FedEx/Kinkos or Office Deport or Staples and have them print them out in color on a laser printer for a few cents per page if the quality is of concern. I scanned evrything in and have color copies of all documents used or will use during this process. They are on a couple of different locations for backup. I can print out any document when I want it using my color laser or the one at work or at one of the local stores. Yes, a good scan and color laser and you cannot tell the original from the copy. As mentioned above, the only issue with copies is when a signature is required.

Dave
Dave&RozaMaleKazakhstan2012-07-21 21:01:00
K-1 Fiance(e) Visa Process & ProceduresSending in I129F Before Divorce Final

Was your signed statement about being free to marry that was submitted with the I-129F true or not? That's the only thing that could cause a problem when the interviewing officer reviews the file.

As stated earlier, the intake clerk isn't likely to do that type of scrutiny.

Best of luck and smooth sailing through the process.


And this is bigger than just missing a date as now you can be accused of misrepresentation that can have much bigger consquences, but fortunately you are the USC so it may not be an issue. Assuming you signed a letter of intent that stated you were free to marry on the date it was signed.

Good luck and I hope this does not come back to bit you in the A$$.

Dave
Dave&RozaMaleKazakhstan2012-06-29 23:53:00
K-1 Fiance(e) Visa Process & ProceduresRound trip ticket for arrival to US?

I'm so confused.

I feel like every time I think I'm in clear and we are done with stressing out, something new happens to make me worry. Please help me try to understand this.

My fiancee bought her plane ticket, and she had her Aunt's travel agent help her. And the travel agent, as well as LAN and Avianca airlines who she called, told her that because of some kind of taxes it was actually cheaper to buy a round trip ticket.

So she sent me this itinerary in Spanish and I see it has round trip info, so naturally i'm confused, and she explained to me about the cost and taxes. I originally sent her $500 for her flight and this was about the cost of her round trip ticket, so the money isn't an issue at all. I'm just worried that someone at customs, either in Colombia or in the US is going to ask her why she has a round trip ticket when she is flying to the USA to get married on a Fiancee visa. Now I'm worried that this is going to cause a problem, because it specifically says in the K-1 guidelines that you cannot leave the USA for 8 months after being married. I reminded my fiancee of this, and now she's stressed about it too and wondering if she should cancel the return flight (the return flight i told her NOT to get in the first place!) But then if she DOES cancel the return flight, is she going to have to pay some huge exit tax fee that I'm unaware of? Ugh. It seems like she keeps getting advice from people in Colombia and it's the wrong advice. Or maybe I'm the one who is confused here. Can someone give me some advice on all this?

Bottom line is if she has a round trip ticket will this cause her problems at customs at either exit or entry?


Just be sure to cancel the return leg as there have been horror stories where the airline said the immigrant left the country on the return leg and they then had to prove that they did not leave. Trying to prove a negative is very hard as no documentation exists. So take the two or three minutes to cancel teh return leg and keep the confirmation number until the AOS is approved. That is what we did.

Good lcuk,

Dave

Edited by Dave&Roza, 19 July 2012 - 10:31 AM.

Dave&RozaMaleKazakhstan2012-07-19 10:31:00
K-1 Fiance(e) Visa Process & ProceduresTraveling when k1 visa is issued to get married in another usa state

Not all states are the same. In Nevada, we applied for a marriage license and got it the same day. When we got home a couple of days later, I put in a request for a copy of the certificate and received it in days.


Very true. We got married in the courthouse at 430 pm. We had the original marriage license/certificate with all the signatures on it after the wedding. Took it to the County Clerk's office on the 4th floor and had it recorded. I also ordered six certified copies of the marriage certificate which I walked out with. We recieved the original in the mail a few days later. I still have the original in a safe place.

Dave
Dave&RozaMaleKazakhstan2012-07-22 13:10:00
K-1 Fiance(e) Visa Process & ProceduresPassport name change question...

First I want to say thank you to everyone who has provided heaps of very helpful information! Every little bit is appreciated! I do have a question regarding my passport..I'm divorced and have been for over 3 years but due to scheduling, life, etc never had my name changed on my passport back to my maiden name. It DOES need changed but now i'm wondering what to do. I have met my fiance in person many times and of course all the tickets, etc are in the name on my passport-my old married name. With us getting married, I would have to change it AGAIN..so i didn't want to pay over $100 to have it changed just to pay it AGAIN months from now to my new married name..Should I change my passport to an updated one with my maiden name as it is now before we file for the K-1 or should i keep it the same with my old name until after everything is approved and THEN change it? I have to provide my divorce decree anyway so when they look at that, they can see where I was reinstated to my maiden name and that i don't go by that name anymore. I'm worried that if i don't change it, they will question it but if i do change it, it will cause problems simply because it's a name different than what would be on all my stuff..if that all makes sense. For what its' worth, the name on my passport now is my maiden and old married name hyphenated. Hopefully someone could answer this for me!


First, that is why they put on all the forms (I think it is on all the forms, but most anyway) other names used. This is so they can track someone who has been married a few times before. My personal opinion is to change it to your maiden name and wait until naturalization to change it when you get a US passport--less expensive and less complicated IMHO. That way the passport name and GC name match so you do not have to carry a copy of your marriage certificate when traveling internationally. Also, you do not have to remember which ID you are using so what name needs to be on the ticket.

If you no longer use the old name then changing it now is a good idea. Once married it is up to you how important it is to have your lastname match your husband's. My wife has kept her lastname and we finally received mail in my first name and her lastname. I got a real kick out of that :) .

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-07-25 14:50:00
K-1 Fiance(e) Visa Process & Proceduresincome question

Hello everyone. Here is where i am at right now, I have been unemployed for some time and recently got a new job in june, but i do not have start date yet and might not have it till interview so i want be able to provide pay stabs. Here is my financial situation, I have close to 45,000 saved up in bank and this new job when i start will be making close to 32,000 a year. So my question is does my fiancee still need co sponsor for where i stand? The visa interview will be in Ukraine.


You need 3X the short fall between income and 125% of the poverty level for your family size. Assuming it is you and your fiancee you would need $56,736 in the bank to cover the short fall of zero income. However, if you can get your employer to get you a letter stating the income and expected start date that might work. It would be best if you could provide a couple of paystubs to prove the income and the Embassy may require that or a co-sponsor. It all will depend on the timing of when the interview is and when the job starts. You might want to see about a co-sponsor.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-07-25 16:13:00
K-1 Fiance(e) Visa Process & Procedureschurch wedding

My fiancé and I also had planned to do a private blessing with a priest before she comes to the US. However after talking to two lawyers and much research, the USCIS condisers any blessing of sorts with a ordained priest or minister present a valid marriage regardless if you sign any legal papers or not.

Obvs the lawyers and research could be wrong but we decided not risk it.



Having the blessing in the PI and have the priest sign a sworn affidavitt that states it is a blessing and is no way a wedding. That way you are covered should the USCIS discover this and claim you were married before she entered the US on the K-1 which nullifies her legal entry and her naturalization is denied and the INS begins deportation proceedings.

Please realize that your life is not the normal guy meets girl, guy marries girl, they live happily after. Yours is guy meets girl, proves to some government employee that he loves girl, government employee says okay, girl proves to another government employee that she is not in it for a free ride to the US, guy and girl gets married in US, they prove again that they are in love and she did not marry the guy for a visa to the US, girl gets 2 year GC, they again prove to some government employee that the marriage was for real, girl gets 10 GC. If girl wants to become a USC then you go thru it all over again. At any stage if they discover anything that was not true and correct based on your visa type, they can deny the current stage and deport your wife.

It all depends on what is most important to you and the risk you are willig to take. Just remember that if the USCIS accusses you of anything during this process YOU MUST PROVE TO THEM that they accusation is false. So if they see a ceremony in the PI, how do you prove that it was not a wedding? By having the priest sign a sworn statement stating to the fact that is was in no way a wedding of any kind, but a blessing for the happy couple.

Good luck,

Dave

Edited by Dave&Roza, 26 July 2012 - 08:35 AM.

Dave&RozaMaleKazakhstan2012-07-26 08:34:00
K-1 Fiance(e) Visa Process & Procedureschurch wedding

Hi all! If your filling for a fiancee visa can the petitioner & beneficiary marry through a church wedding ceremony in the philippines before they leave for US when the visa is approve? and upon arriving in the US they will marry through a civil ceremony. Any thoughts?


Nyet!
Nine!
NO!

My question to you would be, "What part of Fiancee do you not understand?" If you read the requirements of the fiancee visa it states, and they remind you over and over and over, that you have 90 days to get married AFTER the beneficiary enters the US. To get married before would required the beneficiary to enter on a spousal visa which is another long and expensive process. If you wanted to get married in teh PI before the beneficiary enters the US, you should have applied for a spousal visa.

The only possibility for that to work is to make absolutely certain the "marriage" is no way considered official, legal, or otherwise binding, but the USCIS has decided to say some people are married even though they had an engagement party. I would not risk it, IMHO as you are bound by their rules and any interpertation they make YOU must over come and provide the proof.

Your choice: get married in the PI and start all over with a spousal visa or get married inteh US per the fiancee visa you are already approved for.

Good luck and I wish you well,

Dave
Dave&RozaMaleKazakhstan2012-07-25 10:08:00
K-1 Fiance(e) Visa Process & ProceduresVisiting fiancee more than once

Thank you for the replies....I have read every requirement several times, and fulfilled them all and exceeded most.....I do understand that they will not be interested in our 1000 pics, but only a handful.
As I am debating these ppl that insist that I visit more than once...... "I have met all requirement, and if 2 or more visits were required, it would be stated in the I-129F instructions".

It's just all this discussion on the subject make one wonder......what if.......of course we don't want to be denied and go thru this again or even extend out the process any long than necessary.

I also have probably close to 100 pages or more of our constant communication from Yahoo, Skype video chat log, Skype calls to her cell phone and text messages, receipts for flowers, etc.

My fiancee is a bit concerned also, well maybe more than a bit, of how she will answer and how the consulor will respond to only one visit, when asked. I've told her to just tell the truth.

I just wanted to hear from folks that were successful or not, with only one visit and what happened.

Thank you all, and a special thank you to Azteca143



Since you are applying for a beneficiary from the PI, you may want to look at the next step in the process and see if you are above the 125% of the poverty guidelines. If not, then you have two options 1) get married and file for the spousal visa, or 2) find a better paying job as the PI is notorious for not accepting a co-sponsor for the fiancee visa. The petition is approved by the USCIS, after that it goes to the Embassty/Consulate where the beneficiary lives. The USCIS just makes certain you fulfill the requirements for the petition. It is the Embassy/Consulate that determines whether to issue a visa or not. Each and every one is different. It would seem that for the fiancee visa most all of the CO do not accept a co-sponsor (from what I've been reading here on VJ). So make certain you meet the income guidelines.

Good luck,

Dave

Edited by Dave&Roza, 25 July 2012 - 02:39 PM.

Dave&RozaMaleKazakhstan2012-07-25 14:38:00
K-1 Fiance(e) Visa Process & ProceduresK-1 fees

Hi all, I'm new here..

I wanna know the all fees of k-1 visa until we get the green card..

Thanks :)


Do a search as this question comes up a lot.

Currently the I-129F filing fee is $340
There is obtaining the police clearence for each location the beneficiary has lived at for more than 6 months since the age of 16.
Then there is the medical fee for the beneficiary: varies by Embassy but is in the $140-300 range (Depends on vaccinations needed, etc)
Interview fee for the beneficiary: varies by Embassy but is usually around $140 or the cost of a non-immigrant visa for your country.
Costs to attend the interview varies based on where the beneficiary lives in relationship to the Embassy
Mailing items back and forth $100 per package via FedEx for us.
Airline ticket to come to the US $800-2500 (a RT is usually cheaper, just cancel the return leg--this will save you from having to ask that question later on)
Marriage license to get married around $30
Marriage itself varies based on what you want to do so from $10-10,000
Adjustment of Status (AOS) $1070. That's for AOS/AP/EAD filed after getting married within the 90 day window (no time limit to file but the sooner you file the better)
Now you have the 2 year GC
ROC on the 2 year GC is $590
Now you have the 10 year GC.
Only naturaliztion is left.

As you can see if it not a cheap process. The fiancee will not be able to legally work and help with the expenses until the EAD or GC arrives.

Good luck,

Dave

Edited by Dave&Roza, 27 July 2012 - 11:15 AM.

Dave&RozaMaleKazakhstan2012-07-27 11:12:00