ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support I-134 Confusion!

Yes you both submit 134s with all the supporting documents.


baron555MaleRussia2013-08-11 17:34:00
K-1 Fiance(e) Visa Process & Procedureswhere to file i129-f for k1 if currently living outside usa?

Texas


baron555MaleRussia2013-08-13 18:21:00
K-1 Fiance(e) Visa Process & ProceduresRE: I-129F packet requirement - divorce decree versus divorce judgement

 

What I meant was that the divorce is final today and you file for K1 a few days later....IMO that doesn't look good.

 

This is done all the time.  Be ready to answer questions about it at the interview, but besides that, all is good.


baron555MaleRussia2013-08-13 20:07:00
K-1 Fiance(e) Visa Process & ProceduresLetters of consent

No


baron555MaleRussia2013-08-13 18:22:00
K-1 Fiance(e) Visa Process & ProceduresK-2 do I need to send the child picture too?

No


baron555MaleRussia2013-08-14 01:35:00
K-1 Fiance(e) Visa Process & ProceduresI-134: Do I need to find a co-sponsor? Do I make the cut?

 

The car doesn't count unless you sell it and convert it to cash. 

 

Same with the video equipment; sell it and convert it to cash.

 

Same with the life insurance unless you die and convert it also to cash....but doing that may mess up your other plans !!!!

The 401K amount would have to be reduced such that you did an early withdrawal and paid the extra IRS penalties.

 

If you're close, I'd look for a cosponsor.


Edited by baron555, 08 August 2013 - 10:02 AM.

baron555MaleRussia2013-08-08 10:01:00
K-1 Fiance(e) Visa Process & ProceduresI-134: Do I need to find a co-sponsor? Do I make the cut?

Hi everyone,

 

I'm filling out the I-134 and I'm hoping this is convincing enough for my fiancee to get the visa. Here's the facts:

 

$19,300 a year 

  $5,400 in the bank

  $4,700 property (my car)

  $4,800 401k

$45,000 life insurance

No real estate

 

I also have other liquid assets like my Macbook Pro some video equipment. I could live without the car and use public transportation.

 

 

What constitutes "other encumbrances"? Basically any outstanding debt like student loans? 

If so I have $19,000 in student loans.

 

 

Is this solid enough or would the consulate in El Salvador be hesitant to grant the visa? 

 

The car doesn't count unless you sell it and convert it to cash. 

 

Same with the life insurance unless you die and convert it also to cash....but doing that may mess up your other plans !!!!

The 401K amount would have to be reduced such that you did an early withdrawal and paid the extra IRS penalties.


Edited by baron555, 08 August 2013 - 10:00 AM.

baron555MaleRussia2013-08-08 09:59:00
K-1 Fiance(e) Visa Process & Procedureschild support

Incorrect. The children are considered dependents for both the I-134 AND I-864. The decree is irrelevant to dependent issue. If (god forbid) something happens to the mother, the children would be dependent on him given their age. Until they would no longer be dependent on him (by reaching the age of majority in their state) then they children ARE considered dependents.



That makes sense.
baron555MaleRussia2012-12-27 14:54:00
K-1 Fiance(e) Visa Process & Procedureschild support

"In their divorce papers, it was stated that Both parties agree to provide food, clothing, shelter, money, transportation and other financial needs of the children during their respective periods of possession."

That is more obligation than giving the kid a hotdog when he comes over. How can you say they are not dependent? He is under a court ordered agreement to provide for their needs while in his possession. Why is only child support order mean they are dependents? That is erroneous. If he doesn't provide for them under this agreement, he will be in breach and his ex can go back to court and get a support order I would be quite certain. That's why I listed the I-864 instructions. It makes it more clear. I am sure the I-134 and I-864 requirements have to parallel since you will have to meet the I-864 very soon. Sure would feel sad if you you did not list them on the one and then get shot down at the later more crucial step. Some consulates follow the I-864 guidelines anyhow.



I think most parents pay for everything for their children when they have visitation rights......this OP's divorce decree does not dictate any regular paid child support therefore they are not dependent.

You fill out the 134 form as it requires and then you fill it the 864 as it requires...the 864 has more information to provide. The divorce decree says not child support therefore they are not dependent.
baron555MaleRussia2012-12-27 12:21:00
K-1 Fiance(e) Visa Process & Procedureschild support

According to the instructions for line 21d of I-864, you must enter the number of unmarried children you have under age 21 even if you don't have legal custody. You may exclude children under 21 if they have reached the age of majority under the law in your place of domicile and you do not claim them as dependents on your tax return.

However, anyone that you provide support for and claim on your tax return, even if are not legally obligated to support you must also count on the I-864.




The OP is asking about the 134 form, not the 864 form (that does come later during AOS).

Hmm... Not sure if they'll count his children as dependents because on the I134 form, they ask to list the children. So not sure. Maybe someone will know.




No it doesn't. I just looked. It only asks to list any whole or partial dependents. Since he pays no child support (food, etc during visits doesn't count) and he doesn't claim them on his taxes, they are not dependent on him and therefore do not need to be listed.

They do not count in the household size.
baron555MaleRussia2012-12-27 10:57:00
K-1 Fiance(e) Visa Process & ProceduresHow to organize the "evidence" for the K-1 package.
Chronological order
baron555MaleRussia2009-06-12 07:34:00
K-1 Fiance(e) Visa Process & Proceduresfollow to join, K2 visa

**** Moving from Bringing Family to K1 visa as the question is a follow-to-join and you may get better answers there.  If not, I can move back in a  day or two ****
 
Was the 19 year old mentioned in the original petition?
 
 




Did you list him a To Join on the 156k form?
If not them he can only come over on. 130 petition that would be best filed by your USC spouse.
If you didn't list him then they wouldn't have closed your case. You do have to follow the instructions and can not ad lib as you go.



baron555MaleRussia2013-08-17 19:50:00
K-1 Fiance(e) Visa Process & Procedureshaven't meet yet. Able to apply for k-1 visa?

No, file after you meet in person.  Document that meeting well.


baron555MaleRussia2013-08-19 07:07:00
K-1 Fiance(e) Visa Process & ProceduresConfusion o the Letter of Declaration of how we meet (merged)

A declaration letter of how you met in person is NOT requried.  Just two sentences in the Question 18 box.

 

A Letter of Intent to marry IS required from both.


baron555MaleRussia2013-08-20 14:05:00
K-1 Fiance(e) Visa Process & ProceduresConfusion o the Letter of Declaration of how we meet (merged)

Hello,

 

I have encountered some problem again. Didn't put date on the letter of intent beside my signature..Is it necessary or not since it has date already on the upper left portion?

 

We never did, just had the date at the top of the letters.


baron555MaleRussia2013-08-12 08:36:00
K-1 Fiance(e) Visa Process & ProceduresVisiting fiance without activating K1 visa

Thanks everyone for your replies. I already figured it wouldn't be an option but just wanted to double check with everyone.

 


I do come from a VWP country so I was wondering if it was possible to make a mini-trip before I make my big trip. That's all. Sounds like that's not going to happen, thank you everyone for the clarification. 


 

No problem, thsi process does require us to lead our lives a little differently.

 

What many folks do is take care of the immediate business, then the beneficiary comes tot he US, marrys, does AOS and then goes back to tidy up loose ends (maybe more trips). 

 

You and your future spouse should have / should talk about this now.
 


baron555MaleRussia2013-08-20 14:07:00
K-1 Fiance(e) Visa Process & ProceduresVisiting fiance without activating K1 visa

 
This is an extremely unfair accusation. Not everyone is ready to just pick up and go the second their K-1 is granted. The whole process is extremely lengthy and moves very quickly as you get closer to the end its hard to tie up loose ends as you're scrambling to prepare for the interview. Not to mention the fact that it would be foolish to begin cutting ties with one's current life (ie quitting a job or dropping out of school) until the visa is officially stamped in the passport given that you never know what will happen at the interview. Many people want to use the 6 months to wrap up their lives in their own country and prepare to move/spend time with their families before making such a drastic life change. The OP's question is not at all unusual, in fact it makes sense, not ready to move permanently yet, but wants to visit in the mean time. Don't make accusations and judgements without having a full understanding of the situation.



The OP can use the option to wait the full six months the K-1 is valid for( many Embassies will extend that just by asking ) to tie up their loose ends.

What the OP CAN NOT do is enter the US on another visa prior to using the K-1. Period.
End of discussion.





baron555MaleRussia2013-08-19 19:29:00
K-1 Fiance(e) Visa Process & ProceduresVisiting fiance without activating K1 visa
No, the K-1 is next to be used.
baron555MaleRussia2013-08-18 19:22:00
K-1 Fiance(e) Visa Process & ProceduresK-1 expired. Options?

Email the Embassy and ask.

 

Most likekly will have to do another visa petiition all over again. 


baron555MaleRussia2013-08-21 12:19:00
K-1 Fiance(e) Visa Process & ProceduresShould I Get a lawyer involved because of this RFE fiasco?

Should i Get a lawyer involved because of RFE fiasco? RFE was issued on July 30th (which we only found out by calling the USCIS!) and still not received anything is post even tho its supposedly been sent twice now. Have a infopass meeting on Monday but got a feeling it will be waste of time and they will just give us the same "we will resend" rubbish they said before. This has turned it to a fiasco and has added a month to our overal wait time unnecessarily.

 

A lawyer will not make it any quicker, can slow it down further and you spend more of your money.


baron555MaleRussia2013-08-21 12:17:00
K-1 Fiance(e) Visa Process & ProceduresCan't breath!!! Help!!!

Hi, VJs
1) My K-1 petition is valid till 10/10/2013.
Now, I'm preparing forms like I-134 and etc.
I just want to know that period till 10/10/2013 is for medical check up, Embassy's interview and visa only, right?
I'm having trouble in preparing I-134, so can I go interview near 10/10/2013? The 90 days is counted the period from when we got visa but not before 10/10/2013, right? I'm really nervous and sometimes, I even can't breath. I'm in big trouble. The expire date is nearer and I'm having trouble preparing I-134. What should I do???

2) My fiancé(USC) is living in my country without having any job. Then, he also doesn't have paycheck or tax form for recent years. He doesn't know how to support me. So, my elder sister wants to file I -134. But my sister doesn't know that she needs to file I-134 for my fiancé or me or for both. Please advise me. Or Is there any link or reference we can look up for Co-Sponsor, like my sister to me???

HELPPPP! I know my questions are a little bit confused because I'm already confused. We are so scared that we'll lose this petition because the expire date is nearer. Helpp please
Thank you so much.
Help!!!









 

There is no validiity to the petition.  That date is meeaningless in the K-1 world.  The NVC can hold the case for as long as they wish and so cant he Embassy.  You're getting worried over nothing. There is nothing you need to do but get ready for the interview.
 


baron555MaleRussia2013-08-21 13:30:00
K-1 Fiance(e) Visa Process & ProceduresParental support and inter-religious marriages

No, unless it is a country specific / cultural thing.  You both are adults and only your decisions to agree to become married are all that matters, immigration-wise.


baron555MaleRussia2013-08-22 12:02:00
K-1 Fiance(e) Visa Process & ProceduresAnooother but simple (I hope) question to the I-134

So I got the papers from my fiancé. He sent me the original tax returns since he already had them on hand. Now my question is.. I only need the W2 and 1040? I see there are other forms as the form 8879 or IT-201??? I'm so not familiar with these documents.

And people that sent the originals did you get them back?? Or just send copies? I don't wanna chance getting an RFE for that tho.

Thank you all!



 

Send copies only.


baron555MaleRussia2013-08-23 12:13:00
K-1 Fiance(e) Visa Process & ProceduresCloning the example letter of intent

Is it ok for us to both directly copy the letter of intent (obviously with the details changed), so they essential read the same?

Just checking they arent looking for an original letter ...

 

Thanks!

 

Yes, use the Example Forms.


baron555MaleRussia2013-08-24 07:46:00
K-1 Fiance(e) Visa Process & Procedures221G possibility????????

Won't be an issue.  The Embassy can make corrections at the interview.


baron555MaleRussia2013-08-24 07:46:00
K-1 Fiance(e) Visa Process & ProceduresLegal procedure for getting married under K1 visa

 

Then you, or the religious leader, turns in the signed marriage license back to the government, and they will issue a legal marriage certificate showing that you got married.

 

 


 

Government....meaning the local county clerk.


baron555MaleRussia2013-08-24 09:56:00
K-1 Fiance(e) Visa Process & ProceduresLegal procedure for getting married under K1 visa

Hi everyone!!

I was trying to find out about the procedure of getting married after entering the US on K1 visa.  But couldn't find anything in particular.  What is the legal procedure for getting married in NY state.  My fiance stays in Long Island. I am thinking of a traditional Temple wedding & then small party to our friends later on. But want to know what is the procedure  to legalize our marriage.  Anybody from India who got married under K1 visa can help me? Or whoever having information on legal procedure could also help me.  In India, there is a one month notice period involved if you are going for registered marriage.  If its a traditional wedding, you just have to fill a form & apply for registration to your local authorities i.e. marriage registrar. Not sure about the procedure in US.My case has been forwarded to NVC & I am waiting for case number.  

 

 

Contact your local county clerk.  You have to follow their procedures.


baron555MaleRussia2013-08-24 07:43:00
K-1 Fiance(e) Visa Process & ProceduresMoney Order Through Store

My fiance read one of instructions regarding where to send money to US Department of Homeland Security. It says bank or financial institution we have to use to send the money.

 

We are stumble on some problem here. My fiance just moved and his checks still with his stuff.  We are on deadline which means if we missed the deadline, we have to meet again. Can we just send money  through a store?

 

I am still on the mist about the deadline though. If, our last meetingin person for example, Augusts 26 2011, and we send the package, August 29 2013, does it mean my fiance and I have already missed the deadline? Thank you for help.

 

Yes to the last question.  the petition has to be mailed and processed before the two years is finished.
 


baron555MaleRussia2013-08-25 05:50:00
K-1 Fiance(e) Visa Process & ProceduresHow many tax returns?

 

 

I was wondering if anyone knows how many years of tax returns are required at the Kiev Embassy? Is the number required dependent on my individual income?

Oh, and how can I get older W2's? and if I filed jointly with my Ex-wife, do I need to present her W2's?

 

 

 

Three years is suggested and the IRS tax transcripts, which are free, are best and take the place of copies of the entire return.

 

Get the transcripts from the IRS.  Google is your friend.


baron555MaleRussia2013-08-24 09:57:00
K-1 Fiance(e) Visa Process & ProceduresVISA VALIDITY DATE:/

Many Embassies will extend the visa validity if you ask.  You must marry within 90 days of entry into the US.


baron555MaleRussia2013-08-27 11:21:00
K-1 Fiance(e) Visa Process & ProceduresWaiver for not meeting. What is required?
Waiver for not meeting. What is required?

 

A valid reason that matches their allowed reasons.


baron555MaleRussia2013-07-10 11:08:00
K-1 Fiance(e) Visa Process & ProceduresTax transcript for I-134?

Do we need it? The instructions say only if you are self employed, which I am not. Aren't they interested in current income, not last years income?


They are the best and are free.

baron555MaleRussia2013-07-05 09:12:00
K-1 Fiance(e) Visa Process & ProceduresRight information i need please

You NEED to meet in person before you file.  Period.


baron555MaleRussia2013-08-29 09:30:00
K-1 Fiance(e) Visa Process & ProceduresMiddle name on I-129f incorrect. What do I do?

Not an issue.  Calling to USCIS is useless since they have not means to match your conversation with your petition package.

 

Send a corrected form IF you get an RFE.  Otherwise, send a corrected form to the interview.


baron555MaleRussia2013-09-03 09:49:00
K-1 Fiance(e) Visa Process & ProceduresNeed help! I will go visit my fiance in US while waiting for NOA2
Maybe
baron555MaleRussia2013-09-04 20:16:00
K-1 Fiance(e) Visa Process & ProceduresMistake on previous visa application = material misrep.?
A fiancé is not an immediate relative.
baron555MaleRussia2013-09-04 13:49:00
K-1 Fiance(e) Visa Process & ProceduresWorking on a plan B, can someone confirm I'm correct
If your K-1 is denied, becoming married does alleviate the reason it was denied. You could be denied again.
baron555MaleRussia2013-09-05 20:12:00
K-1 Fiance(e) Visa Process & ProceduresLanguage of Evidence
Yes the adjucators at USCIS speak English.
baron555MaleRussia2013-09-05 20:10:00
K-1 Fiance(e) Visa Process & ProceduresPLS help. I134 ( co sponsor) #11
Follow the Example forms
baron555MaleRussia2013-09-06 07:34:00
K-1 Fiance(e) Visa Process & ProceduresRe-use Medical for AOS
Get a copy of the ds3025
baron555MaleRussia2013-09-06 07:33:00