ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresLast minute checklist before departure tomorrow!

Ok, sorry to post 2 similar posts back to back but, my fiancee comes TOMORROW (woohoo!), so if there ever was a time to make sure we have everything straight, it's now right?

 

So we are planning on a pretty normal departure from her city (Madrid)...

 

-she'll show her passport and visa at time of check-in, and make sure they are aware that she is entering the U.S. using the K-1 visa. Good.

 

-she will inform security as well as she passes through security No really necessary.  They check name against ticket and do not really care if you need a visa or not.

 

-she'll arrive at her POE (JFK airport) and go to the immigration line at which time she'll show her passport and sealed envelope (medical envelope too??)

 

-they'll escort her to a interview room where she'll fill out the I-94...or give it to her? Or some blue piece of paper I've read about? I'm obviously not entirely sure about this part of the process.  The airlines will pass these out along with the Customs Declaration forms.  It is a good idea to have a pen with you so you can fill the forms out while still on the airplane.  She may or may not go to the interview room.  She hands over the brown UNOPENED envelope along with her passport and I-94 form.

 

-then she'll go collect her baggage and go through security and customs  She will collect her bags and go thru Customs.  Hands teh Customs agent teh Customs Declaration form.   Then she will place them back onto the belt to have them go to her destination.

 

-then drop off her baggage with Delta to put on her connecting flight (it's that way in Atlanta at least, but do all airports make you collect baggage and then re-submit it even when you have a connecting flight?)  You collect your bags, go thru Customs and then give them back to the airline.  I have not been thru JFK internationally in quite some time, but that is how it is done at ORD.

 

-hurries to the next terminal to make her connection and all is good! Just hope she has enough time.

 

 

Is this more or less correct? Can anyone clarify some of the areas that I wasn't sure about? Thanks so much for input!!

 

See above.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-05-28 15:17:00
K-1 Fiance(e) Visa Process & ProceduresK1 Filed, can we do a wedding ceramony and not register it?

 

Thank you very much for understanding!

 

I honestly did not set out to commit visa fraud or anything.  My fiance and I considered the K-1 visa because it supposedly takes less time then CR1, and then thought we would do the wedding ceremony in India where most of our family members were.  At this point, we had no clue this was against K-1 visa rules because we assumed this was not a legal marriage.  But after reading some threads on VJ, I came to know that this may cause us to lose the visa.  That's why I posted my original post to get clarification.

 

And overwhelmingly, everyone has been against this idea.  I personally agree with Billious' logic because even I am of the same opinion.  But then again, there is the risk and who knows what the visa officers will construe a family celebration as.  May get lucky and they'll agree it was only a family celebration.  Or they may not rolleyes.gif.  Main conclusion I've gotten from this thread is that the risk isn't worth it, and might as well wait for the wedding ceremony until after the visa is issued.

 

The problem you have is that you are depending on a single individual to decide your fate--despite what Billious states, there are SOME employees that work for the DOS that like to play god with people's loves.  We can state our opinion all day long, but the person that matters is the one that will be looking at your case.  They MAY follow all of those documents Billious referenced which they are suppose to, but then again they may not.  I agree with Billious that there are a set of rules to be followed and the employees at the Consulate or Embassy should follow them.  However, having stated that, there have been many cases reported here on VJ where that is not always the case.  Now did we get the whole story--who knows. 

 

Here is what happened to my wife when she applied for her first tourist visa to come visit me in the US:  She arrived at the Consulate in Almaty with employment letter, documents showing she had property in Almaty, documents showing she had family in Almaty and the young woman interviewing her denied the visa.  Two weeks later she goes back after paying the visa fee again and a middle-aged gentleman interviewed her and she was approved.  What was the difference?  Same evidence.  Same applicant.  IMHO it came down to the fact that the man knew where she worked and that her salary was above the typically salary for someone in Almaty.  The woman did not know this and was basing her decision on the fact that my wife did not make very much money--which compared to the US it is not a lot.  So if the IO knows about Indian tradition, they may see this as a legal wedding and deny the visa.  Or the CBP person sees several pictures of your party and concludes that it was a wedding and you are married and thus not allowed entry to the US on a K-1.  In a perfect world you could have your ceremony in India and no harm no foul, but you must remember that these are government workers that hold the fate of you future in their hands.

 

I think you are making a wise choice.

 

Dave


Dave&RozaMaleKazakhstan2013-05-27 19:13:00
K-1 Fiance(e) Visa Process & ProceduresK1 Filed, can we do a wedding ceramony and not register it?

Okay, so I am full of it.  Yet I have had dealing with other government agencies that use that very criteria to determine whether to hang you for a violation or denial of benefits.  That is what the OP is looking for, a benefit the K-1 visa.  Yes, we here on VJ tend to be a bit over cautious when it comes to dealings with IO at the USCIS or Embassies/Consulates.  Now I can only tell you what the Consulate in Almaty expends and our experiences their.  So I am giving you my opinion which is does not have any ceremony that can look like a weeding when using the K-1 visa--legal or otherwise.  I point you to my original post and second T-Bone's post under mine.  Get the K-1 visa, have her come to the US, get married and then go back to India when she is able to have the wedding "ceremony".  In my mind that is the safest thing to do. 

 

In the end it is your life and your decision.  Choose wisely,

Dave


Dave&RozaMaleKazakhstan2013-05-27 12:13:00
K-1 Fiance(e) Visa Process & ProceduresK1 Filed, can we do a wedding ceramony and not register it?

If it looks like a duck, quacks like a duck, then it is a duck.  If it is a duck how are you going to explain to the USCIS that you already have a duck when you are not the have a duck until you arrive in the US.  Do you really want to play with fire when it is so easy to just wait.  Get married in the US, file for audjustment of status (AOS), employment authorization (EAD) and advance parole (AP) and then travel back to India to do another celebration.  Why does the one in India have to be first? 

 

Good luck with whatever you decide,

 

Dave


Dave&RozaMaleKazakhstan2013-05-26 09:31:00
K-1 Fiance(e) Visa Process & ProceduresPOE - ORD, MSP, DTW. Which is best

I'm trying to decide on which POE to use. I have three options. Chicago, Minneapolis, Detroit.

 

Any preference on POE?

 

Best day to arrive?

 

I hate ORD. Never been or want to go thru DTW and we will be going thru MSP this summer so we'll see.  My vote would be MSP as it is a smaller airport.  I really like DEN as it is our home and we do not have to worry about connecting flights.  It would depend on your connection time and if there is another flight shortly after you scheduled flight just in case you miss your flight.

 

Dave


Dave&RozaMaleKazakhstan2013-06-03 22:50:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about RFE

What's an RFE and is getting one a good thing or bad?

 

Google is your friend. Try this link.  Go to the Request for evidence and see what it says.  It is usually considered a bad thing as you forgot something and need to send it in before they continue processing your petition or application--thus slowing you down.

 

Dave


Dave&RozaMaleKazakhstan2013-06-07 16:27:00
K-1 Fiance(e) Visa Process & ProceduresWill I be able to be in with my fiance for his interview?

in my country(us embassy) fiance could able to attend the interview.  so i assumed u could also..goodluck!!!

 

You would be wrong for the Consulate in Almaty.  They hardly let in USC and you must call them and make an appointment for things like making a copy of your passport or registering.  I think they have taken a page out of the old Soviet handbook and make the process about the same as visiting the old OVIR office to register.

 

OP:  You will need to check with the Embassy in El Salvador to see what their rules are.  As far as going to see him, if you have the time and money I would go just for support and to be with him whether you can go to the interview with him or not.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-05-31 17:53:00
K-1 Fiance(e) Visa Process & Proceduresmore adresses to fill in the form than space for it!! :( what to do?

I just started filling out my G-325A.. My problem now is, that I miss 2 more to fill my adresses in from the last 5 years.. Does anyone knows if I can put 2 street adresses in one field, if they are in the same state/country or what do I need to do????

I really appreciate some helpful answers!!!!!!!!!!! :-)

 

Thank you in advance 

 

You do this just like you do with the IRS.  Attached a seperate piece of paper witht eh title of the form, question number, name and ID information (I.E. SSN or A# or such).  Then you list the information as it is on the original form.

 

Dave


Dave&RozaMaleKazakhstan2013-06-09 15:27:00
K-1 Fiance(e) Visa Process & ProceduresI received The I-797 approval Hard copy today, Now what?
 

I received The I-797 approval Hard copy today. I guess I was expecting some instructions. I know I need to be gathering information. Is there something more informative coming? If it wasn't for VJ, I would be completely clueless at this point.

 

After months of waiting, I suddenly feel like I'm paddling up stream.

 

Now you wait for the petition to be sent to the NVC and have it forwarded to the Consulate/Embassy in Thailand.  Then they will send you instructions. You might be able to go to their website to see how they handle the K-1 visa.  You will need to get a leter of employment verification that lists your job title, hire date, yearly salary, and whether this is a full or part-time job.  It should be on company leter head.  You may also want to get IRS tax transcirpts for the last three years because you will need those for the I-864 form when you file for AOS after getting married.  Gather up proof of the on going relationship from the time you filed the petition until now.  Get ready to have your finacee goto the medical which can cost around $200.  Then there are the forms to be completed and getting ready for the interview.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-05-11 18:37:00
K-1 Fiance(e) Visa Process & ProceduresAfter Point of Entry

So I've been taking a break from research recently while I've been waiting for my interview. (It got to the point where I was getting dizzy from looking at a computer screen for too long dead.gif )
But now I feel better and ready to get back into it again I've been wondering, what happens exactly after point of entry? What are the basic steps for what I need to do?

This is what I have sussed out so far:

1. Apply for SSN as soon as possible.  It is usually best to wait about 2 weeks for your information to be entered into the SAVE database and now for the on-line I-94 to be generated
2. Apply for a marriage certificate/get married Good.





3. Change name If you so desire, but it might be easiest to apply for he SSC in teh maiden name and then using the Marriage License go back and change your name.  You are SUPPOSED to be able to get the original card in teh married name using the Marriage Certificate, but most SSA works refuse to do so because your immigration information does not match the name you want to use even thought you are using a valid document they accept to do a name change.

But then what? Do I go straight ahead and apply for Adjustment of Status? Can anyone present to me in baby language what exactly it is that I do first as soon as we're married? After you get married, you do what most couples dolaughing.gif.  Then once you have copies of your Marraige Certificate, send off the AOS, EAD (employment authorization) and AP (Advance parole).  The $1070 for AOS alos covers the EAD and AP which should arrive in a few months and then the GC will arrive.

(Yeah I know I should know this already- I kinda do but you guys are so good at helping me understand innocent.gif )

Are there any good web pages that explain the process thoroughly? I find this one really helpful but I feel it lacks the important details:
http://www.visajourn.../content/k1flow  Why yes there is a very good website for this.  Go here.

Thanks Guysstar_smile.gif








Good luck,

 

Dave


Edited by Dave&Roza, 11 June 2013 - 09:03 PM.

Dave&RozaMaleKazakhstan2013-06-11 21:03:00
K-1 Fiance(e) Visa Process & ProceduresIntent to Marry Letters - RFE

May my Fiance sign the Intent to Marry letter, scan it and sent it to me via email? or it should be the original letter?

 

Please reread post #2 where Inky says they MUST have original inked signatures which means no copies.

 

Dave


Dave&RozaMaleKazakhstan2013-06-19 16:30:00
K-1 Fiance(e) Visa Process & ProceduresChanging of a Job Question

Hello everyone, Is changing from a job to a new job interfere with K-1 visa interview? My fiancée got a better job offer and she is considering taking the offer. But we kind of nervous/confused about it because our interview date would be set anytime soon. Does it matter how long she has been on employment or they only care about her have a job and that she can support me? Pls advice us.

 

Any input would be appreciated.

 

 

DO NOT live your life to satisfy the USCIS.  Live your live as any "normal" person and couple.  The only difference is that you need to document everything.  If she thinks this is a better job, then she should take it.  As long as she meets the 125% of the poverty guideline and can show steady and consistant income it will be fine.  The income comes into play at the AOS when she must file the I-864 for you.  It is not as important at the interview stage--though there are some Embassies/Consulates where it matters a great deal and some do not accept co-sponsors.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-06-19 16:54:00
K-1 Fiance(e) Visa Process & ProceduresSwitching Jobs

This is what I posted in another thread where this same question was asked (replace the word "she" with "you":

 

DO NOT live your life to satisfy the USCIS.  Live your live as any "normal" person and couple.  The only difference is that you need to document everything.  If she thinks this is a better job, then she should take it.  As long as she meets the 125% of the poverty guideline and can show steady and consistant income it will be fine.  The income comes into play at the AOS when she must file the I-864 for you.  It is not as important at the interview stage--though there are some Embassies/Consulates where it matters a great deal and some do not accept co-sponsors.

 

And since you have yet to start the process, you have time to document the evidence.

 

Good luck,

 

Dave

 


Dave&RozaMaleKazakhstan2013-06-20 09:34:00
K-1 Fiance(e) Visa Process & ProceduresNo Tax Return for 2012 =Problem?

I have a question regarding the affidavit support form. I am a Peace Corps Volunteer and during 2012 did not meet the minimum qualifications to have to file a tax return...so I didn't. I am filing with a co-sponser for the financial support, and she did file a tax return..so we have that. 

 

Will it be ok if I only have my Peace Corps W2 and not a tax return? Do they ask for those forms in the interview or is that something I have to mail in with the 134? 

 

 

 

FYI--The USCIS expects every USC and LPR to FILE a tax return each and every year. The IRS has a worksheet you can use to determine if you are required to file a tax return.  You will need to show via the worksheet or other IRS publication that you did not meet any of the requirements (earned income, interest icome, capital gains, dividends, self employment income, etc) that the IRS uses to require you to file a tax return.  So you have to either state that or file a return with your zero income and then get a tax transcript of that return.  It is up to the IO as to whether you satisfy the requirement of providing the correct information.  This is something that will come up when you file the I-864 AOS form--may not be much of an issue for the I-134 form, but a successful I-134 does not guarantee a successful I-864.

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2013-06-20 14:55:00
K-1 Fiance(e) Visa Process & ProceduresI-134 question - tax returns

 

Hi, I'm just trying to read up on the I-134

 

My fiance will be able to produce recent paystubs, a letter from his employer and a bank statement. His income is above the 125% poverty threshold.

 

However, I also read in the forums that it is a good idea to bring the past 3 years' tax returns. 

 

My fiance is the USC. He recently graduated and only started working June 3, 2013. Before that, he hasn't had any income, and has been single and living as a dependent. The IRS website says he doesn't need to file tax returns in 2012 http://www.irs.gov/u...e-a-Tax-Return?.

 

My question is, will he be able to file back tax returns and get statements for those to be used for the I-134? Are these necessary for I-134?

 

Thank you!

 

 

Yes he can back file and it is not necessary for the I-134.  After the visa approval and he has to file the I-864 form then it is a whole different set of rules and requirements.  He can use the link you provided and show that he was not requried to file an income tax return or back file with zero income just to have the form for the USCIS.  Up to the two of you how you want to proceed.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-06-20 16:14:00
K-1 Fiance(e) Visa Process & ProceduresChange of address- How long?

So on Monday the 17th my address was changed (even though I didn't move) and I had to call and change it back. It still shows the June 17th date and the guy said it would take maybe 5 days. Should I be worried?

 

Yes.  Anytime there is a change in your file there can be issues.  If you need to change your address because you actually move, there can be a very long delay in getting your file updated.  We filed our address change when we moved in August of 2011 per the USCIS rules.  When they sent the ROC reminder in February it had an envelope with our old address on it and then the USPS forwarding information inside of a new envelope with our new address.  They were nice enough to include an AR-11 form.

 

So why was the address changed?  I would make certain that you are signed up for e-mail and text updates of your application so you can determine if you miss any mail because it is sent to the wrong address.

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2013-06-21 09:45:00
K-1 Fiance(e) Visa Process & ProceduresOne way ticket

Hello everyone id like to know if anyonw has had any problems flying in taca airlines with a one way ticket using a k1 visa? if its okay to do the one way?

 

Most of us suggest you purchase which ever is cheaper regarding a one-way verses a round trip.  As a K-1 you can use either, but the airline may give you grief about the one-way.  If you do happen to use a RT, just cancel the return leg.  We used a RT with the return 89 days from arrival just to be certain we got married within the 90 days.  You might want to check around with the other airlines to see if their RT tickets are cheaper.  There has been some issues with TACA but that was with an expired GC and the extension letter.

 

Good luck,

 

Dave


Edited by Dave&Roza, 19 June 2013 - 11:24 AM.

Dave&RozaMaleKazakhstan2013-06-19 11:23:00
K-1 Fiance(e) Visa Process & Proceduresquestion about entering the country on K1 visa

We are flying on ANA from NRT into SJC (San Jose, CA), which is a small airport, so I don't anticipate a lot of international arrivals.  We only have 1:10 layover, but that was the only flight available using my miles.  I figure worst case we'll get rebooked after we miss our flights.  I already checked our connecitng airline and they have 4 more flights leaving later that day.

 

I know you are using miles and that limits your options, but I think a call into the airlines with an explaination that you are arriving with your finacee on a K-1 and you do not think 1:10 is enough time to make the connection and would like to rebook to a later flight now as apposed to later.  You may make it, but the smaller POEs tend to not see the K-1 visa and it may take them awhile to figure out what they are doing.  You might also see if there are any posts here on VJ  for a review for SJC.  I know when my wife entered on her K-1, it took longer for the bags to get off the airplane than it did for her to go thru immigration at DEN.

 

Good luck and congrats on getting the visa,

 

Dave


Dave&RozaMaleKazakhstan2013-06-25 15:49:00
K-1 Fiance(e) Visa Process & ProceduresWork authorization for K-1visa holder

 

Hi everyone!

 

We just got our K-1 approved (Yeah!) and are waiting for the visa to be mailed?

 

I tried to figure out if / when I'll be able to start working in the US, but there seems to be some confusion about this. Here's what I understand now:

 

Once I've entered the US on a K-1 visa?

  1. It's not legal for me to work unless I have an SSN and either an EAD or a green card.
  2. I can apply for an SSN immediately.
  3. The best way to apply for an EAD is together with the AOS application after we got married. That way it's free of charge (included in the AOS filing fee) and valid for up to 2 years.

Please confirm / correct / comment! Thank you!

 

 

Correct except for #3. The EAD will be valid for 1 year and the GC will be valid for 2 years and then you file to remove the conditions on your 2 year GC.  Once you have the GC the EAD does not matter any more.

 

Dave


Dave&RozaMaleKazakhstan2013-06-19 15:31:00
K-1 Fiance(e) Visa Process & Proceduresconfused by all the information

Hi all

I have just joined as I am completely overwhelmed by the volume of information online regarding the K-1 process. My problem and perhaps many others have experienced this is that the range of answers concerning questions are wide apart. This is especially true with application times. While no-one can give a specific time relating to another person's case, I am looking to see if anyone out there would share their time-frame with me. I would be very grateful.

Myself and my fiance have just started the I-129f application. She is the US citizen I am from Ireland. We met in Ireland and were living together for over a year. She left 6 weeks ago and has started back to work etc. Basically what I need from anyone who has the time or knowledge, is a realistic expectation (from someone who is after or currently completing the K-1) of what we are looking at in terms of waiting time and potential bumps in the road that we should prepare for. We personally much prefer to know what we will be going through rather than living in false hope.

Thanks in advance for anyone who offers their time and advice to us





 

As the previos poster have stated the proper answer is "IT DEPENDS".  I could tell you that we received our K-1 visa in 118 days, but that was 2 years ago and the USCIS has slowed WAY down since then.  Now we are looking at  a fast approveal of being in the time frame of 6-7 months and a typical approval in about 10 months.  Then there are the unfortunate August 2012 filers who seem to be lost in limbo as they filed right as the USCIS was changing things up and a lot of them are still waiting while people in January are being approved.  If you want to be realistic, expect another year and if happens sooner you will be happy.  You can look at the processing times that is based on actualy VJ members here. It contains statistics of all VJ members who fill in their time-lines.  So it will show the speed-up and slow downs for you specific center. 

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-06-28 08:41:00
K-1 Fiance(e) Visa Process & ProceduresWedding venue booked - need visa within 10 weeks of NOA2. Help!

Too bad you are not going thru the Kazakhstani Consulate in Almaty.  They scheduled the interview for two weeks after receiving the case from NVC which due to the medical situation and my wife's work, we had to reschedule twice.  It was still only a month and she had her visa.  So you would make it with plenty of time.

 

I do not understand how anybody can make plans before the visa is issued.  Typically the visa is good for about 6 months after it is issued and then you have 3 months to get married after arriving.  That is almost 9 months to plan and excute a wedding.  You could even attend Catholic wedding classes before having a church wedding.  So why on Earth would anybody risk putting down a large non-refundable deposit on a place that has less than a 50-50 chance of being used when planned.  You might as well use that money to buy lottery tickets--IMHO about the same odds.

 

I really hope it works out for you and you get your visa in time.  I suppose you could still come to the US and use the venue for a party just so you do not loose all that money (Please note I did not say anything about a wedding, I said party).  I am so paranoid about visa issues that I did not book our flight to Kazakhstan this summer until I had my visa from the Embassy in Washing DC and this would be my third, but they could deny me for some reason.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-05-22 15:08:00
K-1 Fiance(e) Visa Process & ProceduresAlien number

Hi would anybody be able to tell me where I find my A- number ??? is it the number on the I-94 ??? asking as I need it for an infopass appointment

 

 

For US and most most all K-1 visa holders the one place you can be assured to find the A# is above the beneficiary's name on the NOA2 in the form of A xxx-xxx-xxx.  SOme CBP officers write it on the I-94 and the visa and some do not.  We could only find the A# on the NOA2.  Now that the I-94 is going electronic, I bet more and more wil be looking on their NOA2 to find the A#.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-07-01 10:05:00
K-1 Fiance(e) Visa Process & ProceduresVisiting (again) after 5 months spent outside of the U.S

 

We're not talking about a visa denial, we're talking about entry denial.

 

Question 35 on the DS-156 form "Has your visa ever been cancelled or revoked?"  I would say that being denied entry would warant a 'Yes" response and then you put on a seperate sheet of paper the reason for the visa being cancelled or revoked.  "Denied entry to the US on xx/xx/xxxx because of immigration intent".

 

Dave


Edited by Dave&Roza, 01 July 2013 - 08:54 AM.

Dave&RozaMaleKazakhstan2013-07-01 08:53:00
K-1 Fiance(e) Visa Process & ProceduresVisiting (again) after 5 months spent outside of the U.S

 

Oh ok smile.png good to know. It doesn't show up anywhere? It is not brought up at the interview? 

 

I knew deported was not the right word... I was incapable of finding it...

 

When you begin the visa process there is a place on the forms where it asks for all visa denials. You just put that information there.  My wife had a denial we listed.  As long as you tell the truth at all stages you will be okay.  I hope those that are saying you will be alright are correct, but your fiance was already taken into secondary.  I guess it will boil down to either he wil be allowed entry for the 2 weeks or he won't.  My vote is that he won't based on what you have said.

 

As far as the tax situation, he is making money outside the US and can claim the foreign tax exclusion.  This is one of those issues that is debated here on VJ about LPR and USC living and working abroad.  He may be required to FILE a tax return, but he owes no taxes.  So the IRS will not come after him.   Now the USCIS MIGHT want to see his tax retuns from those years or an explaination as to why he was not required to file. So the tax issue should be looked into just to cover all bases.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-07-01 08:44:00
K-1 Fiance(e) Visa Process & ProceduresVisiting (again) after 5 months spent outside of the U.S

Hey gotham,
 
I hope your fiancee goes through. NOA 1, letter from the boss, lease and health insurance will surely help.
 
However, I thought of something else. Make sure your fiancee does not pass the substantial presence test, if he does he is considered a resident alien for tax purposes and could be required to pay U.S. tax:
 
 





 

 

He meets the substantial presence test as he has been the US 15 months out of the last 24.  However, he is still a citizen of France and not a LPR of the US; so he does not have to pay US taxes.  The only thing that I worry about for his situation is that the last time he visited he was told he might want to us a different class of visa for his next visit (my take on that is he should use an immigrant visa and not a tourist visa).  He was allowed in and proceed to stay for the 6 months and then left for 5 months.  Now he wants to return for 2 weeks.  He does have proof of stronger ties to France this time then the last couple of times he visited, but IMHO it does not out weigh the warning the CBP agent gave him on his last visit.  I hope I am wrong, but my gut is telling me that he will be denied.  Had he not stayed the full 6 months and had remained outside the US for more than 6 months his case would be stronger.

 

Sorry be such a wet blanket,

 

Dave


Dave&RozaMaleKazakhstan2013-06-30 20:44:00
K-1 Fiance(e) Visa Process & ProceduresVisiting (again) after 5 months spent outside of the U.S

Again KDH, thank you very much for your help!  good.gif

 

I was more concerned about the fact that he stayed 6 months last time but I know that things had changed now and the situation is not really hard to understand even for a non-gay friendly IO (especially at JFK).

We were uncertain before, we're not anymore. Yes, he stayed 6 months last time (and the time before) it does not really make sense as a tourist but we did not know what to do back in September.  

 

@loughrey101, You're confirming our thoughts and advise to use the work "fiancé" right? smile.png

 

 

6 months in and 5 months out and 6 months in and now 5 months out.  Yes, he is living in the US on a tourist visa and given that he was "warned" the last time about seeking a new visa status, IMHO, if he tries to come in August he will be placed on the next plane back to the EU.  He has spent more time in the US then out and the CBP has made a notation in his file.  I do not think him travelling after filing a finace visa is enough of a change in status to allow the CBP to allow him to enter.  You can try, but expect him to be denied.  I would wait until December so he has spent more than 6 months outside the US since his last visit.  Maybe you should go visit him in August and then he can visit in December over Xmas so he has spent more time outside the US.

 

It all depends on the CBP person he gets, but my take on what you have said is that it is more likely that he will be refused entry than granted entry.  Your call. 

 

Good luck,

 

Dave


Edited by Dave&Roza, 30 June 2013 - 03:04 PM.

Dave&RozaMaleKazakhstan2013-06-30 15:03:00
K-1 Fiance(e) Visa Process & ProceduresDo they return any documents from the the "Do not open" envelope at POE

when docs are submitted to nvc, they will be kept unless you sent originals with copies also.. if that is the case originals come back at interview

if no copies were provided, bring them to the interview and ask for originals back

 

OP is on a K-1 visa not a CR-1/IR-1 like you were so no documents were submitted to the NVC.  Only to the USCIS and/or the Embassy.

 

you should have asked for the originals back at the interview . your k-1 so you will need the originals again for adjustment of status, go to uscis down load G-884 and the instructions that's two pages no fee .on the form it ask what documents back.good luck

 

OP is on a K-1 visa not a K-3 (IR-1/CR-1) like you were.  The only way to get the originals back is to request them using the above mentioned form.  That is why you never give up an original as it is the original and there is no way to get it back--unless it is very specifically asked for, but I usually show them the original and have them make a copy of it.  This is very import to understand when you deal with estates and wills and trusts.  You MUST always have the original as they will not accept a copy. Always guard an original document with your life.

 

Good luck, 

 

Dave


Dave&RozaMaleKazakhstan2013-07-01 14:20:00
K-1 Fiance(e) Visa Process & Proceduresmeeting poverty guidelines usem

Good day everyone...I just wanna ask if let's say you're just a few hundred dollars short in meeting the poverty guideline for k1... can money from savings account be added to to your income?

Your responses will be very much appreciated smile.png
Thanks smile.png


 

Yes, assets can be used if they are readily convertable to cash and do not put an undue hardship on the sponsor if they are converted to cash.  Primary car and home tend to fall in to the second category and are not allowed.  Assets must be 3X the short fall.  So if you are short $500, you will need $1500 in the bank to make up the difference.  Just remember to provide documentary proof that the assets exist and their value.

 

Since you are dealing with the PI Embassy, you may want to check to see if they accept assets as they tend to read the rules regarding sponsorship for K-1s differently then other Embassies/Consulated.  At least that is the way it appears here on VJ with the different stories.

 

Dave


Edited by Dave&Roza, 01 July 2013 - 11:45 AM.

Dave&RozaMaleKazakhstan2013-07-01 11:43:00
K-1 Fiance(e) Visa Process & ProceduresK 1 visa interview , employment letter

I send my fiancee for the interview 3 months bank statements, 5 months check subs showing about $2500 per month, 2012 tax return showing $21,650 and I 134 from with notarial stamp, but i did not send the employment letter, could that be a problem ?

 

Depends on the person doing the interviewing.  If they want to see current income then it may be a problem, but you do have pay stubs.  The Embassy wants to make certain that you can support your soon to be wife and can qualify for the income levels for AOS--some are stricter than others.  If it is an issue, hopefully they will ask for it to be delivered after the interview.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-07-19 08:54:00
K-1 Fiance(e) Visa Process & ProceduresAddress in the United States where your fiance(e) intends to live.

Question 14

 

14. Address in the United States where your fiance(e) intend to live.

 

 

 

Due to me relocating in the future (don't know where) for job reasons, I cannot list an exact location.

 

 

Can I put, To be determined?

 

 

Has anybody had any experience with this?

 

Thank you in advance

 

 

All information you put on the form must be true, accurate, and correct on the date you sign the form.  You put your address where you are when you sign the form.  They really do not care what the address is when your fiancee arrives.  She will file for AOS (Adjustment of status) after the marriage and she will put the address the two of you are living at when she files. Once she recieves her GC, she and you must notify the USCIS of any address change.  She has 10 days to file the AR-11 form and you have 30 days to file the I-865.  This is required until she is no longer a LPR and the I-864 is no longer valid.

 

Life changes and you do not know what is going to happen in the future and that is why there is a date on the form when you sign it.

 

Good luck,

Dave


Edited by Dave&Roza, 19 July 2013 - 09:46 AM.

Dave&RozaMaleKazakhstan2013-07-19 09:45:00
K-1 Fiance(e) Visa Process & ProceduresChange of address while in process

Thank you so much for your answer! Big help smile.png
So if I understood you right, I do not need a ssn until arriving in the states on my K1 visa. Correct?

 

You will not be able to apply for a SSN until you arrive in the US and you will find this to be either a very simple process or a RPITA.  As a K-1 visa holder you are allowed to apply for a SSN using the I-94, your passport, and another form of ID (i.e. birth certificate).  It is recommended that you go about 2 weeks after arriving and 2 weeks before the I-94 expires.  It is also suggested you apply in the maiden name to lessen the problems and then go back to change the name if you so desire.  You can do an advanced search on the author I'M GONE and SSN as he used to work for the SSA and had several tips on how to hand the different problems.  The new wrinkle is that you now have to go on-line to get the I-94 which may require a trip to a CBP deferred inspection station near you to get the information entered correctly.   Then the SSA employees may not have been trained that the old paper I-94 is no more.

Good luck,

Dave


Dave&RozaMaleKazakhstan2013-07-21 11:27:00
K-1 Fiance(e) Visa Process & ProceduresChange of address while in process

Hi everyone! My fiancé and I are right now in the starting stages of this looooong process, and I have some concerns.. He is right now looking for a new house, so I wonder, will it effect the approval of our I-129f petition if his address changes while the petition is being processed? Can he somehow notify the USCIS of his change of address so that that can be updated in our file? In the I-129f petition he is asked to fill in my social security number. Abviously I'm not a usc yet, so I don't have a ssn. Now, should he leave that box blank or do I somehow have to get a ssn? If so how is that done?

Really hoping you guys know the answers!
Thank you!


 

Write "NONE" in space as currently you do not have one.  FYI: as a LPR you will need to get a SSN; it is not just for USC.  You should avoid leaving any question blank.  In the instructions it states you should use "NONE" or "N/A" for a response instead of leaving it blank.

 

The address will not affect the petition accept for receiving the NOA2 when the petitionis approved.  The UCIS will not allow the USPS to forward mail, so it would be best if he could contiune to get mail at the old address until he has the NOA2 in his hands.  Change of address with the USCIS is hit or miss, but he can notify the USCIS of an address change.

Good luck,

Dave


Edited by Dave&Roza, 19 July 2013 - 04:34 PM.

Dave&RozaMaleKazakhstan2013-07-19 16:33:00
K-1 Fiance(e) Visa Process & ProceduresPassport Pictures

Hello,

 

We just received the NOA2 about a week ago and so we are getting ready for the next steps.

When we did the I-129F package, we did not get very many passport pictures. Consequently, we have run out of passport pictures that are required for the next steps. Can we go get new passport pictures? Is it okay if my fiancees passport picture is not the same as the passport picture that she used before?

 

Thanks so much.

 

New,more recent passport photos are preferred as people's appearance change.  Better to have new ones than trying to use old ones IMHO.

 

Dave


Dave&RozaMaleKazakhstan2013-07-31 16:11:00
K-1 Fiance(e) Visa Process & ProceduresNaturilization Certificate vs Passport

Ahh thankyou! I just found a part in the instrustions for the form that you can download from the website that says a passport in place of a certificate is acceptable. Think I just had my first mini-freak out, oh dear. 

 

But thank you for your quick reply smile.png

 

 

Don't worry, there will be other mini-freak outsdevil.gif --but that is why were are here.  Let us just hope you don't have a serious panic attack during this process--those are no funyes.gif.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-08-03 14:49:00
K-1 Fiance(e) Visa Process & ProceduresNaturilization Certificate vs Passport

Hello,

 

We are compiling all the information and getting ready to send off the application. I have a question (one of many to come I'm sure) relating to the proof of citizenship.

 

My fiance was born in the Phillipines and moved over to the US when he was 6. He hasn't got his naturalization certificate and replacing it costs $345 according to the USCIS website! I was wondering if the photocopy of all the pages in his US passport would suffice? Or would it be sent back with an RFE for the certificate?

 

Thanks in advance!

 

Since you have the passport use that.  It proves that he is a USC as only USC can have a US passport.  The only way a non-USC can get a passport is if the DOS screwed up and I find that highly unlikely.  I would use what you have and not spend the time and money getting his naturalization certificate.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-08-03 14:02:00
K-1 Fiance(e) Visa Process & ProceduresVisiting fiancé in her home country, what do I need to bring back to the States

Is lack of gifts to family a red flag with CO'S? I send weekly financial support, (which obviously can't be included) & they appreciate my efforts & are aware of my limited budget so leaving out the traditional custom is cool w/ everyone. But I'm getting a sense from your comments that lack of gifts might be a red flag. I really hope not. I have stretched myself out very thin & would have a lot of difficulty pulling this off before I leave next week

 

 

I hope you are not really serious about asking this question as my comment was very, very culture specific and the reply came from someone who was also subject to the same culture expectations.  You see in the FSU it is expected of someone visiting to bring gifts and it is also expected when you visit someone they provide you with tea and some form of cake, candy, or food when they invite you into their house--that may be more Kazakh than Russian.  So my comment was not about the CO, but about the family.  They would call off the wedding if the US soon to be spouse or spouse arrived in their country without gifts for EVERYBODY that is related to the fiancee or spouse.  So you can relax as my comment was to the OP to be aware of the cultural differences and expectations--as should you.  It sounds like you are doing just fine with the soon to be in-laws and that is the most important thing.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-08-03 20:30:00
K-1 Fiance(e) Visa Process & ProceduresVisiting fiancé in her home country, what do I need to bring back to the States

Not sure what country your fiancee is from, but do not forget the gifts to all the family members and friends or the wedding will be off before you get startedrofl.gif .  At least that would be the case with my wife.  To forget the gifts is a very, very bad culture faux pas.  So bone up on cultural differences and what is expected of you and do not forget to buy some souvenirs for yourself too.  Do not just concentrate on the visa process, though I will say it is good that you are planning ahead.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-07-29 08:53:00
K-1 Fiance(e) Visa Process & ProceduresLetter of Intent to Marry

Hi everyone,

 

I received a notice that a request for initial evidence was mailed to me on August 2nd.

 

I'm almost certain it is regarding the 'Letter of Intent to Marry'.  I say this because even though me and my fiance wrote the specific date we want to marry, in September, how we met, future plans, ect..  We did not write the specific statement, "I intend to marry my fiance within 90 days of her arrival in the U.S."

 

With that being said we're already preparing new letters to send out as soon as I receive the NOA in the mail either on Monday or Tuesday of this coming week.

 

My question is this:  Do the letters have to be the original copies?  Or can my fiance sign and date her letter and fax it to me?

 

If she is able to fax the letter it will save lots of time as the delivery date on international mail can vary.

 

I think it may be ok for her to fax it, because if USCIS really wanted to ensure that the signature was real they would require the letter to be notarized.

 

Anyone have any thoughts on the matter?

 

Thanks!

 

I do not know of anybody that has faxed the Letter of Intent.  I do know that a faxed request to sell stock is valid as the original signature was on the document and the fax header at the top of the page proves it was an original document that was faxed.  Maybe the USCIS will accept it or maybe not.  No one here has said that they have faxed the Letter of Intent and was either rejected or accepted.  We only have evidence that a scanned and e-mailed and printed version has more times than not been rejected.  You can try or you can send it via FedEx for approximately $100--that is what it cost us to send documents for the interview back and forth,but it only took about 5 days each way.  It depended on how long it was in customs.  Up to you, but us VJers do know that the original signature is accepted 100% of the time.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-08-04 00:28:00
K-1 Fiance(e) Visa Process & ProceduresPls Advice

Hello everyone, would it be a problem if beneficiary don't have money in saving account/bank statement at the time of K-1 official interview with the consular? Does beneficiary needs to present a job letter from employer? Any advice will be greatly appreciated.

 

No, the beneficiary's income does not matter unless the job will continue in the US.  The petitioner is the one who completes the I-134 and states their income and backs that income statement up with a letter from their employer or tax transcripts or pay stubs.  The petitioner must make above the poverty guidelines for the I-134, but some Embassies/Consulates require 125% and all documentation needed for the I-864 Affadavit of Support filed during the adjustment of status (AOS) phase after getting married in the US.  Check the requirement of your Embassy/Consulate to be 100% clear on what they want from the petitioner to show financial support in order for the beneficiary to be granted a visa.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-08-04 11:35:00
K-1 Fiance(e) Visa Process & ProceduresIs this the right I-94 form?

So I followed the link like you guys showed me and this is what I got for my I-94 form-

http://icenter.stanf...ip_image002.png

(Something that looks like that)



 

Is that the right one? I was expecting something a little more complex looking..

 

 

Why?!  The old paper I-94 form had less information that was hand written.  As long as the information on that form is correct, I would say that that is the new look for the I-94.

 

Thanks for sharing,

Dave


Dave&RozaMaleKazakhstan2013-07-08 09:13:00