Visa Interview Disaster!

[munkeynutts 0]

My interview was today at the London embassy at 8am.

My visa has been put on hold temporarily for the following reasons, and this may benefit some of you to know this:

1) My birth certificate does not show my parents names, although it is the original birth certificate (Ok, my mistake on that one!)

2) My fiancee in the US has not supplied me with an I-135 (in support of the affidavit of support, which I DID supply today). Bizarrely, my fiancee read on the embassy or USCIS website that the I-135 DOES NOT have to be provided with 'K' Visas. Their mistake? And nowhere does it say on the US Embassy checklist that this needs to be provided at the interview...

http://london.usembassy.gov/cons_new/visa/iv/docs169.html

3) My passport was not acceptable as the pages are a little frayed from old water damage, although I HAVE been travelling on it! So I am going in to London tomorrow to get a new one straight away for £130! I shall order a fast-track full birth certificate also while I am there.

4) According to the interviewer today, my fiancee did not supply her tax return details for tax year 2008! What? In fact, she had attached those details to the back of her 'Affidavit of Support', although this is pure luck, and I did not know this needed to be provided because YET AGAIN this is not mentioned on the US Embassy interview checklist, so I did not know to question the interviewer and say "Um, yes, it is in fact there!".

So a total disaster, resulting from ambiguous information on the US Embassy website and USCIS websites, as well as my slight error on the birth certificate!

So just be careful. Look at the checklists, take it all in, then try and second guess other stuff that you need to take that they do not tell you about!

My fiancee is fed-ex'ing required paperwork to me. I shall get it in London on friday 5th, by which time I shall have my passport and hopefully my full birth certificate. I hope to courier it the same day and hope to get my visa back sharpish!

Woo, what a day of immense stress and frustration!

[Darnell 8,478]

the I-134 is a 'known thing' here at VJ. Sorry for the confusion !

You'll be fine - just submit it all when you're ready.

[Gary and Alla 3,694]

the I-134 is a 'known thing' here at VJ. Sorry for the confusion !

You'll be fine - just submit it all when you're ready.

The I-134 is not "required" but an affidavit of support IS required. The I-134 is a universally accepted, pre-printed, affidavit of support form. Using anything else opens yourself up for trouble. In a similar theory that the pre-printed checks from your bank are not required, you can write an IOU to someone on a cocktail napkin and according to the UCC they can take it to your bank and cash it. Good luck with that.

The other items can be deciphered from the instructions and it sounds as if what was presented was your fiancee's interpretation of what was "just enough" This is never a good plan. Better too much gun. Anyway, you are not denied and now the work is cut out for you. Good luck.

More is better

[Anh map 2,098]

My interview was today at the London embassy at 8am.

My visa has been put on hold temporarily for the following reasons, and this may benefit some of you to know this:

1) My birth certificate does not show my parents names, although it is the original birth certificate (Ok, my mistake on that one!)

2) My fiancee in the US has not supplied me with an I-135 (in support of the affidavit of support, which I DID supply today). Bizarrely, my fiancee read on the embassy or USCIS website that the I-135 DOES NOT have to be provided with 'K' Visas. Their mistake? And nowhere does it say on the US Embassy checklist that this needs to be provided at the interview...

http://london.usembassy.gov/cons_new/visa/iv/docs169.html

3) My passport was not acceptable as the pages are a little frayed from old water damage, although I HAVE been travelling on it! So I am going in to London tomorrow to get a new one straight away for £130! I shall order a fast-track full birth certificate also while I am there.

4) According to the interviewer today, my fiancee did not supply her tax return details for tax year 2008! What? In fact, she had attached those details to the back of her 'Affidavit of Support', although this is pure luck, and I did not know this needed to be provided because YET AGAIN this is not mentioned on the US Embassy interview checklist, so I did not know to question the interviewer and say "Um, yes, it is in fact there!".

So a total disaster, resulting from ambiguous information on the US Embassy website and USCIS websites, as well as my slight error on the birth certificate!

So just be careful. Look at the checklists, take it all in, then try and second guess other stuff that you need to take that they do not tell you about!

My fiancee is fed-ex'ing required paperwork to me. I shall get it in London on friday 5th, by which time I shall have my passport and hopefully my full birth certificate. I hope to courier it the same day and hope to get my visa back sharpish!

Woo, what a day of immense stress and frustration!

A link (titled: Further information for K visa applicants) in the Document Checklist that you referenced above goes to this page where the I-134 is mentioned >> http://london.usembassy.gov/cons_new/visa/iv/faffidavit.html Evidence Which May Be Presented to Meet the Public Charge Provisions of the Law

Not rubbing salt in your wound, just posting the info for any London K couples reading this thread.

The long form birth certificate has tripped up some couples before.

Sounds like you've got it sorted out. Best of luck.

[munkeynutts 0]

Thanks, yes! That's the info we read at some point. So in other words, we did everything right and nothing wrong on the 'evidence of support' matter!

[Otto 83]

So in other words, we did everything right and nothing wrong on the 'evidence of support' matter!

I wouldn't use those words... The good news (I hope) is that now you know so it should only be a short delay.

[munkeynutts 0]

...or did what was required, rather! If doing what is required is not good enough, what is?

[Anh map 2,098]

...or did what was required, rather! If doing what is required is not good enough, what is?

The CO has latitude to make the judgement based on what's presented. Ther pragmatic approach is get them what they want and you get the visa.

Hope you're in Texas soon.

[Gary and Alla 3,694]

...or did what was required, rather! If doing what is required is not good enough, what is?

the problem here is the interpretation that you did what is required. You did what you interpreted to be the "minimum required" The consulate and the CO doing the interview has wide latitude and ultimately he/she has to be satisfied. It is rare for someone to get a visa without last year's tax return and attachments (were all the attachments and w-2s etc., there?) even though it indicates in the instructions that such is optional unless you are self employed. If the instructions say to provide "At least two of the follwing" and list FOUR items, then I would provide them with 6 items, all four they request plus two more I dream up.

The problem in this process is if anyone makes a mistake, it is YOUR problem. Sad to say, but true. We were told in wiriting by the consulate our son did not need a pilice certificate from Russia because he was "only a student there" but this just didn't seem to square with what I read. I called the consulate and talekd to a supervisor several weeks before his interview. Yess siree! He neede a Russian police certificate and I could have waved that email under their nose all day and they would say "Sorry, our mistake...come back with the police certificate and we will give you the visa" It is the applicants responsibility to make sure he has everything right. Sites like these help a lot. There are hundreds of members here that have gone through London and can give you every detail.

Good luck

(PS London, for some reason wants the sponsor to check "will support" the fiancee on the affidavit of support, even though every other consulate in the world seems satisfied with "NA" for a K-1 visa) Check out the UK forum for specific details

[Gary and Alla 3,694]

I think it was John "Pondoro" Taylor who said...

An Englishman goes into the jungle and spies an elephant. He raises his rifle and fires. The Englishman and the elephant are slammed to the ground! A few moments later, the Englishman stands up. It is better to be caught slightly overgunned than trambled to small bits by an elephant.

[pushbrk 12,606]

My interview was today at the London embassy at 8am.

My visa has been put on hold temporarily for the following reasons, and this may benefit some of you to know this:

1) My birth certificate does not show my parents names, although it is the original birth certificate (Ok, my mistake on that one!)

2) My fiancee in the US has not supplied me with an I-135 (in support of the affidavit of support, which I DID supply today). Bizarrely, my fiancee read on the embassy or USCIS website that the I-135 DOES NOT have to be provided with 'K' Visas. Their mistake? And nowhere does it say on the US Embassy checklist that this needs to be provided at the interview...

http://london.usembassy.gov/cons_new/visa/iv/docs169.html

3) My passport was not acceptable as the pages are a little frayed from old water damage, although I HAVE been travelling on it! So I am going in to London tomorrow to get a new one straight away for £130! I shall order a fast-track full birth certificate also while I am there.

4) According to the interviewer today, my fiancee did not supply her tax return details for tax year 2008! What? In fact, she had attached those details to the back of her 'Affidavit of Support', although this is pure luck, and I did not know this needed to be provided because YET AGAIN this is not mentioned on the US Embassy interview checklist, so I did not know to question the interviewer and say "Um, yes, it is in fact there!".

So a total disaster, resulting from ambiguous information on the US Embassy website and USCIS websites, as well as my slight error on the birth certificate!

So just be careful. Look at the checklists, take it all in, then try and second guess other stuff that you need to take that they do not tell you about!

My fiancee is fed-ex'ing required paperwork to me. I shall get it in London on friday 5th, by which time I shall have my passport and hopefully my full birth certificate. I hope to courier it the same day and hope to get my visa back sharpish!

Woo, what a day of immense stress and frustration!

The I-134 information is there but you didn't click on the link to it.

You would have seen...

Evidence of Support - Any evidence which will show that you and members of your family who will accompany you are not likely to become public charges while in the United States. Note that the petitioner, in family based immigrant visa applications, and employment based immigrant visa applications where a family member has a significant ownership interest, is required to file a contractually binding Affidavit of Support, Form I-864. This requirement does not apply to K visa applicants. However, the petitioner will be required to file an I-864 when the K visa holder applies for an adjustment of status with the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS) in the United States after the marriage ceremony has taken place. Further information for K visa applicants

Clicking on the blue link in the actual text at the website would bring you here.

http://london.usembassy.gov/cons_new/visa/iv/faffidavit.html

The error I see at the link is that only a true copy not a notarized copy of the tax return is needed. A tax transcript is also acceptable and generally preferred.

Edited February 4, 2010 by pushbrk

[Christi and Ian 24]

I can only thank you - I just sent my hubby an email ensuring we have the long form birth certificate.

Luckily we already knew about the I-134...there's a weird question on it though - perhaps someone here as an answer - I don't have a copy of the form in front of me, but there is a question regarding whether or not I'm going to be giving him monthly payments...or an allowance of sorts?

My initial reaction was to check the box that said "No", as I don't plan on giving him a set amount of cash each month...I mean, we're married, bills will just get paid out of a joint account...

I thought I read something, however, that said London wants this box to be checked yes...??

And if this is the case, the form wants you to basically itemize how much you will be giving and for what...which seems rather odd to me...

Anyway, I was unsure, when I went on my trip to England, whether it was the I864 or the I134 they wanted, and whether it should be checked yes or no...so I simply filled out the I864, and 2 copies of the I134, one where I answered yes, and one where I answered no...and left those with hubby...figured we get the answer and he could just take the one that was appropriate...

Any thoughts, anyone?

[Christi and Ian 24]

http://london.usembassy.gov/cons_new/visa/iv/faffidavit.html

Okay Push - advice needed - the link above takes you to their site that states the following:

An applicant for K-1 or K-3 visa may generally satisfy the requirement of the law by the presentation of documentary evidence establishing that:

1. the applicant has, or will have in the U.S. personal funds sufficient to provide support for the applicant and dependent family members, if any, or sufficient to provide support until suitable employment is located;
   
2. the applicant has arranged employment in the U.S. that will provide an adequate income for the applicant and dependent family members;
   
3. relatives or friends in the U.S. will assure the applicant's support; or
   
4. a combination of the above circumstances
   

So - does this mean, if he is self-employed in the U.K., and will continue to receive an income in the U.S. from his U.K. based business, that this could, in theory, satisfy their requirements? He intends to tell them that he'll continue to have an income and in fact, will be starting a new business while he is here.

Thanks!

[HeatDeath 430]

Luckily we already knew about the I-134...there's a weird question on it though - perhaps someone here as an answer - I don't have a copy of the form in front of me, but there is a question regarding whether or not I'm going to be giving him monthly payments...or an allowance of sorts?

My initial reaction was to check the box that said "No", as I don't plan on giving him a set amount of cash each month...I mean, we're married, bills will just get paid out of a joint account...

I thought I read something, however, that said London wants this box to be checked yes...??

And if this is the case, the form wants you to basically itemize how much you will be giving and for what...which seems rather odd to me...

Anyway, I was unsure, when I went on my trip to England, whether it was the I864 or the I134 they wanted, and whether it should be checked yes or no...so I simply filled out the I864, and 2 copies of the I134, one where I answered yes, and one where I answered no...and left those with hubby...figured we get the answer and he could just take the one that was appropriate...

Any thoughts, anyone?

I intend [] do not intend [] to make specific contributions to the support of the person(s) named in item 3.

(If you check "intend," indicate the exact nature and duration of the contributions. For example, if you intend to furnish room and board, state for how long and, if money, state the amount in U.S. dollars and whether it is to be given in a lump sum, weekly or monthly, and for how long.

On ours, for question 11, my wife checked "Intend" and under the explanation, wrote "I intend to marry him and hold property in common as husband and wife."

I think the reason the question seems strange to engaged and married ears is that the I-134 is a general purpose affidavit of support form, used for many other types of visas, most of which do not involve romantic entanglement between the sponsor and the beneficiary.

Edited February 4, 2010 by HeatDeath

[elmcitymaven 9,712]

Okay Push - advice needed - the link above takes you to their site that states the following:

An applicant for K-1 or K-3 visa may generally satisfy the requirement of the law by the presentation of documentary evidence establishing that:

1. the applicant has, or will have in the U.S. personal funds sufficient to provide support for the applicant and dependent family members, if any, or sufficient to provide support until suitable employment is located;
   
2. the applicant has arranged employment in the U.S. that will provide an adequate income for the applicant and dependent family members;
   
3. relatives or friends in the U.S. will assure the applicant's support; or
   
4. a combination of the above circumstances
   

So - does this mean, if he is self-employed in the U.K., and will continue to receive an income in the U.S. from his U.K. based business, that this could, in theory, satisfy their requirements? He intends to tell them that he'll continue to have an income and in fact, will be starting a new business while he is here.

Thanks!

Christi -- you might consider starting another topic on this question so people can give more tailored replies.