ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresSignature needed

 FedEx is the next best option, but it costs 50 bucks our so.

 

When one looks forward to the total cost to bring a foreign future spouse over and the costs associated with assimilating them into the US culture and the education and living expenses required, the cost for expedited shipping is miniscule.


baron555MaleRussia2014-02-25 13:29:00
K-1 Fiance(e) Visa Process & ProceduresSignature needed

I am beginning to assemble our i-129f package.  She is emailing her forms to me.  But the "Letter of intent to Marry" requires her signature.  What is a good, fast way to get it here?  Is there an acceptable way for her to send it to me electronically?  Snail mail from Kazakhstan can take weeks!  

 

Also the G325A form should be signed also.  Use FedEx


baron555MaleRussia2014-02-25 12:46:00
K-1 Fiance(e) Visa Process & ProceduresJust starting - random questions

 So we're considering starting the k1 process and I started filling out forms and such so I have a few questions.

 

1) For G-325, when it asks for employment in the last 5 years if there are gaps where I was unemployed (like a few months in between jobs) do I have to specify that I was unemployed during those dates? Because if so I'm going to need an attachment page just for a few lines.

Yes list those gaps and label as described.

 

 

Also for the beneficiary, I had a job for a year that was (if anyone from argentina is reading) "en negro", do I put it on the list or not?

Don't know since I don't speak that language.

 

 

2) On I-129f when it asks about us meeting in the last 2 years, do I just write everything in an attachment, and if so do I write something in the form?

Describe one meeting.  Save the multiple meeting descriptions for the interview.

 

Also that would just be saying all the times we saw each other and who traveled where?

Save for the interview, but many do give tons of details.  All depends.

 

How about other details like where we stayed and what we did?

Some do and some do not.  Can't hurt but be short and sweet.

 

Also do we say how we met anywhere?

Save for the inteview unless you're planning on front-loading the petition.  Some do depending on the Embassy.

 

3) About evidence or meeting, we have some boarding passes (I have most for my trip there that was the most recent, and he has some from the 4 times he came here so far), the passport stamps and I guess I should include pictures?

Passport stamps and boarding passed (not flight itineraries are best.

 

 

I have a billion pictures so it's hard to figure out what I'm looking for.

Pick out the best six.

 

I have rental leases for appartments and hotel reservations but they're always under only one of our names,

Does establish that one person was in a location.  Now find another that establishes that person also in the same location.

 

bus tickets for another town where we went on vacations to the beach under both of our names

Super evidence.\

 

and then random tickets and receipts. Is that enough? 

Choose a few.

 

For us, I rented the apartment where we stayed, so had that address under my name.  Had her purchase a pizza with delivery and saved the receipt which had her name and the apartment address.  And both dates were within our date ranges of our meeting in person.  Voila, we were in the same place. at the same time.  That combined with a photo of us in the apartment put it all together.

 

Yes, I knew about these requirements before the trip and therefore we purposefully generated this type of great evidence.....besides the passport stamps and boarding passes.

 

 

4) About evidence of the relationship, I was wondering if sending each other letters or cards is really important?

Do most people whose relationship is developing and then becomes one where you intend to marry each other send gifts and cards?  Of course.

 

Because we never do, we call each other on skype everyday, even sleep with skype on,

Take some Skype video snapshots.

 

talk on aim and send each other emails.

What is the content of the emails?  It should show a real relationship that is leading to marriage.

 

He sent me a present once but stopped because of the taxes customs charge me, and I bought things for him and got them delivered to his house

Delovery receipt?  How about a photo with the person with the gift?

 

, but no actual mail. Also what amount of chat logs and call logs would be ok to send? We've been together for 2 years now so you can imagine logs are neverending.

It's not about quantity, but all about content. 

 

 

5) And about the financial part, right now my fiance has a job where he probably makes under the amount required so he's never filed taxes, he's a student same as me, but he's looking for a higher paying job now. When he gets a different job where he makes enough, do we still need a co-sponsor?

Not if that new income is suffiicient.

 

What to do about the tax requirements for prior years?

You send them or not.  Many folks are students and have the same financial background.  Current income is key.

 

Anyway, that's all my questions right now. Sorry about it being so long, just hoping to get it right on the first try if possible.

 


baron555MaleRussia2014-03-05 15:18:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Fiance Visa Refusal Next Steps

He's been divorce for over 10 years. He's only 3 years older than me. The only thing I can think of is the status. When we came to the US he field as "divorced" but when we filed with our attorney she told us to file as "single" since he was not legally married. She failed to prepare us for what documents he need to prepare for hence the additional documents they requested. We have only seen each other during the time period he was here visiting. That does not justify for the refusal. We provided them lots and lots of evidence of our relationship.

 

Nope, I don't believe the divorce has anything to do with the denial.  They don't think you have a legitimate relationship, regardless of the lots and lots of evidence.

 

It's all about it's content and not the quantity.


baron555MaleRussia2014-03-05 17:00:00
K-1 Fiance(e) Visa Process & ProceduresAlternate name a problem?

My fiance does not "go by" his whole, long name (two first names and two last names -- he's Mexican). He goes by his second given name and his first (paternal) family name. For example, if his name were Juan Ricardo Garcia Lopez, he would go by Ricardo Garcia. In all our emails and chat logs I do NOT refer to him by his whole given name nor his first given name -- rather, I call him only his second given name, as he is known to all friends and family. Is this a problem?

NO

 

I listed it under "Additional names used" on the G325a form, but is that enough?

Yes

 

Should I write a clarification/explanation in the cover letter?

No, but understand his official name, the one on his passport, is what you should be using.

 

 

Thanks for the help, sorry if this is a repeat question :x

 


baron555MaleRussia2014-03-06 08:58:00
K-1 Fiance(e) Visa Process & ProceduresDo I need a police report from the US if I have lived there or just from my home country?

Hi claudi, I am in the same situation. I was in h1b status in u.s for 6 years as well. As far as i know, no you dont need. Good luck

 

There is no such thing as a police report in the US.  The background checks that are conducted take care of any criminal history.  We are a country where the citizens can freely travel about and move to live about and not have to register with the local police.


baron555MaleRussia2014-03-05 15:03:00
K-1 Fiance(e) Visa Process & ProceduresPassport expiring soon. Will this cause an issue?

 

I am aware I can get a new passport quickly, and likely will do so. What I'm not sure about is whether getting my passport changed will cause any issues with the visa in progress. As far as I can tell, they haven't asked for my passport number yet, but I know that this will change with a new passport. Will a new passport delay my visa at all?

 

They will not attach a visa to a passport unless there is more than 6 months of validity left before it expires.  I believe you can still do the interview but you'll get a 221g telling you to send a new passport.


baron555MaleRussia2014-03-06 13:36:00
K-1 Fiance(e) Visa Process & ProceduresFree to Remarry - Texas Divorce Definition Help?

They may send everything back.  Yes you will pay again.


baron555MaleRussia2014-03-04 13:24:00
K-1 Fiance(e) Visa Process & ProceduresDoes NVC Send All The Documents to The Embassy?

Yes and Yes


baron555MaleRussia2014-03-07 10:29:00
K-1 Fiance(e) Visa Process & Procedures2 different I-129F forms???

Follow the Example forms here but use the latest version downloaded from the USCIS website.  Do a Google search.


baron555MaleRussia2014-03-05 17:02:00
K-1 Fiance(e) Visa Process & ProceduresShould K-1 Package be bound somehow?

Paper clips and binder clips...only.


baron555MaleRussia2014-03-03 16:57:00
K-1 Fiance(e) Visa Process & ProceduresIs evidence of a relationship beyond 2 years helpful? +

Read up on your appropriate regional forum; for some Embassies it is desirable.


baron555MaleRussia2014-03-06 16:52:00
K-1 Fiance(e) Visa Process & ProceduresIs evidence of a relationship beyond 2 years helpful? +

The 129F form only asks for evidence of meeting within the past two years.

Correct

 

 

 Is evidence of meeting prior to that helpful?

It's helpful to establish the proof of your relationship, which is needed for the intevriew.

 

 

Also, should my fiancee bring evidence of ongoing communications with me between the time of submitting the application and the time of the interview?

Unless your relationship has stopped, then of course.

 

 

Can I accompany my fiancee to the interview?

Embassy specific question.

 

 


baron555MaleRussia2014-03-06 13:38:00
K-1 Fiance(e) Visa Process & ProceduresNot Legally Divorced Yet K1 Visa Meeting in Person Question

Hello, I have met my fiance 3 times already. I have been separated and living at my own place for over a year. My divorce has taken some time, but it should be final in the next month or so. In the year I have been living alone I met my now fiance and visited her 3 times. I separated in October last year and met my fiance in January.
 
I know I will have to submit all paperwork once I have proof of divorce, but my question is:
 
Will I have to visit her again after the divorce? Will me meeting her prior to being divorced not count as being in a relationship due to my legal status?
 
My soon to be ex is in a relationship and I am in a relationship now too.
 
Thanks!








No you only need to he legally free to marry when you file the petition not when you meet.

baron555MaleRussia2013-11-23 09:18:00
K-1 Fiance(e) Visa Process & ProceduresQuick Question on Cover Letter

Your choice, I used names on our cover letter.


baron555MaleRussia2014-03-10 10:27:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support?

Hello Everyone,

 

I would like to let everyone know that my Fiances' status has been approved and now we are waiting for the hard of copy of NOA2!!! It is extremely exciting smile.png

 

My question is about the Affidavit of Support.

 

My father will be his sponsor because I am currently unemployed.  My father fulfills the requirements needed for sponsorship.  My question is, is it the same form that needs to be filled out (i-134) and is there anything in addition that needs to be filled out because the sponsor is not myself?

 

Thanks in advance for all your help!

 

Animsaj

 

You both fill out 134 forms and include as much of the suggested documentation as possible.


baron555MaleRussia2014-03-10 15:23:00
K-1 Fiance(e) Visa Process & ProceduresGeneral I-129F Questions/Concerns
May 23
Yes
Read the Guides


baron555MaleRussia2014-03-11 20:45:00
K-1 Fiance(e) Visa Process & ProceduresWhen describing the circumstances under which we met..

my and my fiance met online, should i describe the circumstances under which we met online or do i only describe our first real life meeting?

 

Meeting in person.  Save the relationship description for the interview.


baron555MaleRussia2014-03-12 09:42:00
K-1 Fiance(e) Visa Process & ProceduresDeclaration of how we met....??!!

I am typing this out now but I find myself explaining every single time we have been together. It's short explainations, but still I've told ever trip we've taken together since Dec 2012 ( when we first met). Do I need to add all the additional times or are they just looking for our First Meeting In Person? Or is it good that I've added each trip?

 

Am I over thinking this?! lol

 

Thank in advance!!! smile.png xxxx

 

Yep, choose one meeting and describe that.  You don't get extra credit for extra meetings.


baron555MaleRussia2014-03-12 09:43:00
K-1 Fiance(e) Visa Process & ProceduresIn regards to question 34.a) on the I-129F form

For this question where we have to declare how we've met in the past two years, what level of depth is expected? Do we just need to put down the dates and locations of our meetings or do we include information such as hotels, activities, family meetings etc.

 

 

Two sentence description is all that is needed.  Yes include all evidences that support the meeting in person.
 


baron555MaleRussia2014-03-12 09:40:00
K-1 Fiance(e) Visa Process & ProceduresOH NOOOO!!!!

I made a mistake with the declaration of how we met, I tough as long as it fit in the form i129f I dint have to write a separate sheet. Does this mean papers are going to be sent back OH NOOOO!!!!!

 

NO you didn't.  The size of the box is an indication of the length of an answer they expect....about two sentences.

 

 

Many others feel compelled to write a novel...but they don't get any extra credit for it.


Edited by baron555, 12 March 2014 - 10:26 AM.

baron555MaleRussia2014-03-12 10:25:00
K-1 Fiance(e) Visa Process & Proceduresvisiting on tourist visa for 6 months while I-129f processes

Fiance is home with me stateside on a tourist visa while I-129f processes and we shall return to her home country in 6 months or less (expecting to be receive notification that her package is forwarded to her embassy by then) for her interview and medical exam but since she is currently under my medical policy as a domestic partner do you think that the consular will accept her medical records to-be from our current doctor since i've read that they have particular doctors she can only see in her home country of Costa Rica?

 

 

Yes, she has to take the medical at the facility dictated by the Embassy.

 


baron555MaleRussia2014-03-13 11:37:00
K-1 Fiance(e) Visa Process & ProceduresTriple checking my I129F contents

With the following documents for the I-129F, am I good to go? Any worry I will get a RFE? (I am a USC with Mexican fiance)

  • cashier's cheque for $340 to United States Department of Homeland Security
  • e-notification form
  • cover letter (VJ example format)
  • I129F form
  • I129F supplement for "how we met"
  • photocopy of my birth certificate, front and back
  • my G325A w/ photo to specifications
  • fiance's G325A w/ photo to specifications
  • my letter of intent to marry
  • fiance's letter of intent to marry
  • proof of having met: photocopies of all pages of my passport, showing I went to Mexico  Perfect
  • proof of having met: flight confirmation emails (since I don't have the tickets anymore), w/ important info highlighted  Not sufficient, boading pass copies only.
  • proof of having met: 4 photos of us together, 1 from 2012 and 3 from 2013, all labeled properly   Only one meeting to coincide with your passport stamp
  • proof of ongoing relationship: Skype chat correspondence, 4 examples from the past year, plus English translation (which I certified)

No other evidence of the meeting in person?

 


baron555MaleRussia2014-03-13 09:53:00
K-1 Fiance(e) Visa Process & ProceduresTriple checking my I129F contents

Hmmm. I'm looking over my Part 2 Q 34.A Supplement, and thinking maybe I misunderstood the question. Do they want to know how we met, as in how we came to know each other (eg. online, while I was studying abroad, etc) or how we met IN PERSON? I wrote up a thing on how we met in person in the last 2 years, but now I'm not sure what they're asking.

 

How/When/Where you met in person.


baron555MaleRussia2014-03-13 09:50:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa Alien Registration Number

We don't believe it really changes but you just get that automated update. Nothing to worry about and my understanding is like a SSN, your alien number never changes.


baron555MaleRussia2014-03-13 15:25:00
K-1 Fiance(e) Visa Process & ProceduresSkype Chat Logs as Evidence
Then purposefully generate all kinds if different evidences.

Why is this do hard for folks to comprehend and do?


baron555MaleRussia2014-03-12 20:34:00
K-1 Fiance(e) Visa Process & Proceduresnick name
Name on the passport.
baron555MaleRussia2014-03-13 19:56:00
K-1 Fiance(e) Visa Process & ProceduresK1 Denied :(

 

That is what I wanted to make the poster aware of, because it was a learning experience for my husband and I.  There are certain waivers that can be file for fiance visa; however then there are those that only qualifies if the parties involved are married (which we fell into that category and it seems the poster fell into the same category). I also got my senator involved who also called the embassy on our behalf and was advised that the waiver will become available once the petitioner and the beneficiary marries.

 

I was advised by a lawyer before even starting this process to get married before filing since we knew there'd be a waiver.  She stated that it's already hard enough to prove hardship to a qualifying relative, let alone getting (at the time, the consulate) to even process a waiver for someone to whom I wasn't even related.  That was a strong enough argument for me.  And since we knew we'd be getting married anyway at some point, that's the plan we proceeded with.


ShirahBetFemaleMorocco2014-02-10 20:57:00
K-1 Fiance(e) Visa Process & ProceduresK1 Denied :(

The I-601 instructions even state that a fiance is not a qualifying relative and that you can still file the waiver, but it would only be adjudicated when a marriage to a USC was complete.

 

http://www.uscis.gov.../i-601instr.pdf


ShirahBetFemaleMorocco2014-02-10 20:19:00
K-1 Fiance(e) Visa Process & Proceduresunusual k1 petition

 

And hardship only applies to already married couples with 2+ years married (which is how they get a straight 10 year green card, instead of a temporary 2 year one).

You don't have to be married for over 2 years to be approved for a hardship waiver.  The same rule applies, if a waiver is approved prior to 2 years of marriage and the entry is before the 2 year anniversary, they get a 2 year LPR.  Anything post 2 years gets a 10 year card.  It's the same rule.


ShirahBetFemaleMorocco2014-02-16 15:47:00
K-1 Fiance(e) Visa Process & Proceduresunusual k1 petition

An overstay is for any visa type - at least that's my understanding.  So, on day 91, time starts accumulating for her if she remains unlawfully in the country.  It seems like people like to flirt with the rule that if you overstay 180 days to 1 year, you get a 3 year bar, but if it's over a year, there's a 10 year bar.  Therefore, I think some people make the super-unwise conclusion that if you overstay 179 days you have done nothing wrong.


ShirahBetFemaleMorocco2014-02-16 08:27:00
K-1 Fiance(e) Visa Process & Proceduresunusual k1 petition

I don't believe a beneficiary dying would meet the threshold for extreme hardship required for the I601, precisely because the extreme hardship must be on the USC petitioner and not the beneficiary.  Now, if the USC petitioner had a medical reason which prohibited travel to be with the terminally ill beneficiary, then perhaps.  

 

Extreme hardship is not only about life and death situations.  Cases I have seen approved would include USC petitioner being unable to work due to a disability yet the beneficiary spouse is able to work and take care of the USC petitioner in terms of providing home health care and/or hospice care.  Cooking, cleaning and laundry are not grounds for extreme hardship.  Familial separation is not, in and of itself, going to meet the threshold either ? but I've seen petitions approved where it was one of a few other less significant points which in total were determined by USCIS to be extreme hardship.  

 

Lots of variability ? need to study as many success / failure stories as you can and see how they fit with your particulars.  

Slightly incorrect.  There is no petitioner and beneficiary in an I-601 case.  You call USCIS and they will tell you... there is an applicant only.  The applicant needs to have a qualifying relative and the extreme hardship is to the qualifying relative, NOT the applicant.  Aside from that, deciding that this guy would even need a waiver is pointless and premature.  I think there are bigger issues for him to worry about.


ShirahBetFemaleMorocco2014-02-15 23:39:00
K-1 Fiance(e) Visa Process & ProceduresG-325A :/

You definitely need to fill out everything on the application, as does she for hers.


ShirahBetFemaleMorocco2014-02-26 19:03:00
K-1 Fiance(e) Visa Process & ProceduresFree to Remarry - Texas Divorce Definition Help?

"The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place."

http://travel.state....fiance-k-1.html

You should probably err on the side of caution and withdraw and refile based on this language.

 






I & BNot TellingSouth Korea2014-03-05 01:53:00
K-1 Fiance(e) Visa Process & ProceduresLetter of Intent to Marry

 

 

I understand that there is a legal standard in the private sector, but remember this is for the US Federal Government. Everything they do must be documented and followed according to a standard. There is no speculation about whether or not a copy is acceptable of the letter of intent, however it may be hard to find the specific paragraph in USCIS docs that applies to this. 

 

What version of the I-129F are you copying what I've highlighted in red? It is different than mine. I have the most up-to-date version of the wording. 

You are right that I was looking at the older version that I had saved to my computer.  The new version has different relevant language:
 

"7.b. Submit evidence that you and your fiance(e) intend to marry within 90 days of your fiance(e)'s entry as a K-1.  Evidence of your intention to marry may include a statement of intent to marry."

You have a much stronger argument for your position on the basis of this newer language.  It seems to indicate that USCIS consciously changed their policy re the letter of intent when they adopted it.  Most people around here, as I did here, are probably thinking of the old language when they make the original letter recommendation.  Perhaps, like me, they were unaware that the language had changed (the old language, as I pointed out, was quite clear in context that you needed the first copy of the letter of intent with an authentic signature).

Regardless, you should remember that USCIS is a behemoth bureaucracy.  Can you really expect all of its agents to be completely up to date on slight changes like this?  You may well be technically right.  But, were I petitioning now, I wouldn't bet a few months of potential delay on the USCIS correctly implementing a change to a policy such as this.  Being technically right is cold comfort when you have to spend 2-3 months in RFEs to prevail and your only prize is just losing those months.

 






Edited by I & B, 02 March 2014 - 09:31 PM.

I & BNot TellingSouth Korea2014-03-02 21:30:00
K-1 Fiance(e) Visa Process & ProceduresLetter of Intent to Marry

The problem with your contention is that it runs afoul of a very important rule of legal construction: that a term used in one place in a legal document should keep a consistent meaning when used elsewhere in the document.

Here the term in question is "original."  Given that there are multiple possible interpretations of original (here it could be used to mean "of one's own creation" as you contend, or it could used to mean "the first copy" as most VJers contend), there is semantic ambiguity and we need to look elsewhere within the document to resolve which construction is more persuasive.

Here is the original text that gives rise to the letter of intent in the I-129F instructions:

5.B. Provide original statements from you and your fiance(e) whom you plan to marry within 90 days, and copies of any evidence you wish to submit to establish your mutual intent to marry.

Notice how even this statement itself goes against your construction as there is an internal distinction made between the "original statements" and "copies of any evidence."  Why not copies of original statements?  We have to suppose that they used the word "copies" deliberately due to another rule of statutory construction, know as the presumption against tautology.

The main point that undercuts your argument, however, remains in the text you quoted on 'original documents."  That text makes very clear that USCIS is using original in the sense of the "first copy."  Thus, absent any contrary language, we must construe original to be used in that sense consistently throughout the rest of the document.










I & BNot TellingSouth Korea2014-03-02 20:53:00
K-1 Fiance(e) Visa Process & ProceduresDominican Consulate 125% or 100% for I-134 OR I-864
So for the i134 we just have to meet the 100% guideline and i864 we need to meet 125%?
I was wondering we can bring previous tax forms with us to the cita it doesn't neccessarily have to be to transcripts?

MRS.MONTILLAMaleDominican Republic2014-02-18 08:58:00
K-1 Fiance(e) Visa Process & ProceduresFree to Remarry - Texas Divorce Definition Help?
By the time u actually marry ur fiance in the states ull b more than free to marry
MRS.MONTILLAMaleDominican Republic2014-03-04 15:24:00
K-1 Fiance(e) Visa Process & ProceduresPoe Q&A

Your answers are fine! Lying would be a much worse idea, so it's always best to tell the truth.

 

As long as you have copy of your return ticket as well as other ties back home (just in case), you should be fine. But it is indeed up to the officer on duty.

 

Happy Birthday! 


ChicagoSarahNot TellingUnited Kingdom2014-02-24 09:14:00
K-1 Fiance(e) Visa Process & ProceduresNo adoption certificate?

You should be fine. This is the exact situation my (now) husband had. He was adopted by his step-father when he was little and had only a name deed change to prove it. It seems this is just the way it is done in England. 

 

Did you put your previous last name on the forms under the appropriate fields? I would say to just provide them a copy of the deed poll....it should be something they've seen before (at least they saw it with us!). 

 

We had a slight struggle when we went to get our marriage license (since his birth certificate and Passport didn't match.....but the deed poll showed why). It took them a bit to sort it out and decide it was a legitimate document, and everything worked out in the end, but this was the only place we have had any kind of issue. 


ChicagoSarahNot TellingUnited Kingdom2014-03-11 11:28:00