How we got our K-1 approved

[JandZ 1]

VisaJourney has been a tremendously helpful resource for us and definitely contributed to a quick and clean approval of our K-1 visa. We found answers here to nearly every question that crossed our minds, and felt that it was time to share our experiences in the hopes that it might help others seeking this avenue into the US.

A little more about us….

We are both recently divorced. Her kids are younger, and her career had been part-time until recently. His kids are older and independent, which pretty much determined that he would move to the US. He owns a small business in Canada, with an office and employees, which will continue to operate there.

While we could not foresee any red flags, we had some initial questions about his ability to work / carry on his business during the AOS process and once he is in the US, and whether her income would meet the minimum required for the affidavit of support.

Here is how it unfolded and some of the more important decisions that we made…

Did we need a lawyer?

We consulted with a very well regarded immigration lawyer in Toronto. An hour of his time was not cheap, but it was extremely valuable. That conversation helped us decide on which visa we would apply for, and informed us about some other important do’s and don’ts (e.g. do not enter the US as a visitor, and then marry your sweetheart). We did not feel that it was necessary to pay a lawyer only to have them come back and ask us all the background questions that must be addressed throughout the process.

Our suggestion?.... If in doubt, or if your situation is a bit more “complicated”, speak to a lawyer. You do not necessarily need to hire one. If you are going to consult a lawyer, vet them carefully to make sure that immigration is the focus of their practice. Get adequately informed before you speak with them so that you can ask educated questions.

Completing the forms and assembling the documents….

The I-129F requires perhaps slightly more input from the petitioner than the beneficiary. After that, gathering the information required for Packets 3 and 4, and for the interview requires far more time and effort from the beneficiary. We both tried to become as familiar as we could with every step so that we could effectively check each other’s understanding of the forms, what we were putting onto them, and the documents we submitted. Whenever one of us was wondering “what do they mean by xxxx…”, the other usually had the answer. If not, VisaJourney probably did.

We followed this approach throughout and we did not experience a single setback. However, once we received the letter from the DOS advising that the I-129F petition was approved and being forwarded to the Consulate (Montreal), things moved very quickly. We might have been able to get through the process even faster if we had not decided to take a holiday at that point.

Visits to the US in the meantime….

He visited the US twice after the I-129F was submitted, both times crossing at the Whirlpool Bridge in Niagara Falls (Nexus only). No more questions than usual.

Preparing for the interview….

The instructions for Packet 4 make very clear what items need to be taken to the interview. We had the original and a good quality photocopy of every item. We arranged everything in a tabbed 3-ring binder, indexed according to the instructions, with a zip-up cover.

Our suggestion?…. Help make peoples’ jobs easy for them.

The interview….

There are a lot of very detailed write-ups of what happens at the consulate, and helped us know what to expect. Keeping with our mantra of being prepared, we checked out the location of the entrance to the building the day before. We made life simple for ourselves by not carrying anything than the binder as we observed others turned away for strollers, coffee cups, cell phones and oversized purses.

Fast-forward to our number being called (the first time): having everything organized in the binder helped us quickly find every item that was requested at this stage. Even so, this step took far longer than the interview itself! It was made clear to us that the sponsor was very welcome to be present for the interview.

Fast-forward to our number being called the second time for the interview itself: Surprisingly fast, almost to the point of being anticlimactic. There were maybe a half dozen, very easy questions that mostly centered on our personal relationship (ie. Where we met, where we plan to marry, etc.). We were not prepared to hear “Welcome to the United States” as soon as we did. One of the biggest surprises was that the interview took place standing up in an interview area partitioned off from many in a long hallway, and there was glass separating us from the interviewer.

None of the concerns that we described at the start emerged as issues at any time during the process.

We were in and out in less than 2 hours.

Compared to the grilling that seems to be the norm when applying for a Nexus card, this interview was a breeze!

Our suggestion?…. A couple things that may or may not have made a difference: We both wanted to be present, as we felt that having the sponsor there could only help if there are any questions about the legitimacy of the relationship. We also opted for business attire, wanting to make the best possible first impressions on that day realizing that we were asking for one of us to be admitted to another country, and that as the owner/president of a small company, the beneficiary should look the part.

Good luck to all who are going through or starting this exciting journey!

Jenny and Pete

[KayDeeCee 4,893]

~ Duplicate topic removed - please do not post the same topic more than once ~

[Pitaya 2,577]

Congrats!!

[byrd_75 9]

VisaJourney has been a tremendously helpful resource for us and definitely contributed to a quick and clean approval of our K-1 visa. We found answers here to nearly every question that crossed our minds, and felt that it was time to share our experiences in the hopes that it might help others seeking this avenue into the US.

A little more about us….

We are both recently divorced. Her kids are younger, and her career had been part-time until recently. His kids are older and independent, which pretty much determined that he would move to the US. He owns a small business in Canada, with an office and employees, which will continue to operate there.

While we could not foresee any red flags, we had some initial questions about his ability to work / carry on his business during the AOS process and once he is in the US, and whether her income would meet the minimum required for the affidavit of support.

Here is how it unfolded and some of the more important decisions that we made…

Did we need a lawyer?

We consulted with a very well regarded immigration lawyer in Toronto. An hour of his time was not cheap, but it was extremely valuable. That conversation helped us decide on which visa we would apply for, and informed us about some other important do’s and don’ts (e.g. do not enter the US as a visitor, and then marry your sweetheart). We did not feel that it was necessary to pay a lawyer only to have them come back and ask us all the background questions that must be addressed throughout the process.

Our suggestion?.... If in doubt, or if your situation is a bit more “complicated”, speak to a lawyer. You do not necessarily need to hire one. If you are going to consult a lawyer, vet them carefully to make sure that immigration is the focus of their practice. Get adequately informed before you speak with them so that you can ask educated questions.

Completing the forms and assembling the documents….

The I-129F requires perhaps slightly more input from the petitioner than the beneficiary. After that, gathering the information required for Packets 3 and 4, and for the interview requires far more time and effort from the beneficiary. We both tried to become as familiar as we could with every step so that we could effectively check each other’s understanding of the forms, what we were putting onto them, and the documents we submitted. Whenever one of us was wondering “what do they mean by xxxx…”, the other usually had the answer. If not, VisaJourney probably did.

We followed this approach throughout and we did not experience a single setback. However, once we received the letter from the DOS advising that the I-129F petition was approved and being forwarded to the Consulate (Montreal), things moved very quickly. We might have been able to get through the process even faster if we had not decided to take a holiday at that point.

Visits to the US in the meantime….

He visited the US twice after the I-129F was submitted, both times crossing at the Whirlpool Bridge in Niagara Falls (Nexus only). No more questions than usual.

Preparing for the interview….

The instructions for Packet 4 make very clear what items need to be taken to the interview. We had the original and a good quality photocopy of every item. We arranged everything in a tabbed 3-ring binder, indexed according to the instructions, with a zip-up cover.

Our suggestion?…. Help make peoples’ jobs easy for them.

The interview….

There are a lot of very detailed write-ups of what happens at the consulate, and helped us know what to expect. Keeping with our mantra of being prepared, we checked out the location of the entrance to the building the day before. We made life simple for ourselves by not carrying anything than the binder as we observed others turned away for strollers, coffee cups, cell phones and oversized purses.

Fast-forward to our number being called (the first time): having everything organized in the binder helped us quickly find every item that was requested at this stage. Even so, this step took far longer than the interview itself! It was made clear to us that the sponsor was very welcome to be present for the interview.

Fast-forward to our number being called the second time for the interview itself: Surprisingly fast, almost to the point of being anticlimactic. There were maybe a half dozen, very easy questions that mostly centered on our personal relationship (ie. Where we met, where we plan to marry, etc.). We were not prepared to hear “Welcome to the United States” as soon as we did. One of the biggest surprises was that the interview took place standing up in an interview area partitioned off from many in a long hallway, and there was glass separating us from the interviewer.

None of the concerns that we described at the start emerged as issues at any time during the process.

We were in and out in less than 2 hours.

Compared to the grilling that seems to be the norm when applying for a Nexus card, this interview was a breeze!

Our suggestion?…. A couple things that may or may not have made a difference: We both wanted to be present, as we felt that having the sponsor there could only help if there are any questions about the legitimacy of the relationship. We also opted for business attire, wanting to make the best possible first impressions on that day realizing that we were asking for one of us to be admitted to another country, and that as the owner/president of a small company, the beneficiary should look the part.

Good luck to all who are going through or starting this exciting journey!

Jenny and Pete

Thank you so much for this post!!!! It is extremely helpful......I do have a question for you tho.......

My fiancé asked me to marry him on new years, then I flew out to LA mid-Feb to stay with him for a few months, we applied for the fiancé visa at that time and am now awaiting for the P4 packet. I never received the P3 tho..... but upon getting alot of great advice I decided to email the P3 packet this week (the ds160 confirmation, scan of my passport, and p3 checklist) ....

I have been feeling pretty positive about this process but then I started thinking about the financial support........I am a yoga instructor (so little pay lo,) and my fiancé is a satellite tech for AT&T and makes well over the poverty line (which I believe is $20000 for a 2 person family) .....my concern is that he was working for DirecTV for 5 years but decided to move on to ATT as it is a better job ....so he has only been with ATT for 2 months...... my concern is that by the time I have my interview, he will have only been there for 4-5 months.... could that be a problem? Even tho he can show tax returns from the past few years showing he has been above the poverty line?

Thank you for any all advice you can offer me....

?

[JandZ 1]

Thank you so much for this post!!!! It is extremely helpful......I do have a question for you tho.......

My fiancé asked me to marry him on new years, then I flew out to LA mid-Feb to stay with him for a few months, we applied for the fiancé visa at that time and am now awaiting for the P4 packet. I never received the P3 tho..... but upon getting alot of great advice I decided to email the P3 packet this week (the ds160 confirmation, scan of my passport, and p3 checklist) ....

I have been feeling pretty positive about this process but then I started thinking about the financial support........I am a yoga instructor (so little pay lo,) and my fiancé is a satellite tech for AT&T and makes well over the poverty line (which I believe is $20000 for a 2 person family) .....my concern is that he was working for DirecTV for 5 years but decided to move on to ATT as it is a better job ....so he has only been with ATT for 2 months...... my concern is that by the time I have my interview, he will have only been there for 4-5 months.... could that be a problem? Even tho he can show tax returns from the past few years showing he has been above the poverty line?

Thank you for any all advice you can offer me....

?

[JandZ 1]

Thank you so much for this post!!!! It is extremely helpful......I do have a question for you tho.......

My fiancé asked me to marry him on new years, then I flew out to LA mid-Feb to stay with him for a few months, we applied for the fiancé visa at that time and am now awaiting for the P4 packet. I never received the P3 tho..... but upon getting alot of great advice I decided to email the P3 packet this week (the ds160 confirmation, scan of my passport, and p3 checklist) ....

I have been feeling pretty positive about this process but then I started thinking about the financial support........I am a yoga instructor (so little pay lo,) and my fiancé is a satellite tech for AT&T and makes well over the poverty line (which I believe is $20000 for a 2 person family) .....my concern is that he was working for DirecTV for 5 years but decided to move on to ATT as it is a better job ....so he has only been with ATT for 2 months...... my concern is that by the time I have my interview, he will have only been there for 4-5 months.... could that be a problem? Even tho he can show tax returns from the past few years showing he has been above the poverty line?

Thank you for any all advice you can offer me....

?

I don't think that you need to worry about your income because it is the petitioner who needs to show that they can support the beneficiary as well as themselves and any dependents. If he is employed by AT&T and can show proof of his salary along with tax returns for the previous year or 2, I don't think there will be a problem.

Our situation was the opposite of yours in that my fiance's (petitioner) income was barely above the required minimum because she had recently started working again full-time, and that was on a freelance basis. It didn't even come up in the interview.

Please "take this with a grain of salt". I am not an expert and can only go by what I learned from my experience and what you described about yours. I have no idea how the US govt evaluates all the documents we must provide when going through the process.

Best of luck!

[byrd_75 9]

I don't think that you need to worry about your income because it is the petitioner who needs to show that they can support the beneficiary as well as themselves and any dependents. If he is employed by AT&T and can show proof of his salary along with tax returns for the previous year or 2, I don't think there will be a problem.

Our situation was the opposite of yours in that my fiance's (petitioner) income was barely above the required minimum because she had recently started working again full-time, and that was on a freelance basis. It didn't even come up in the interview.

Please "take this with a grain of salt". I am not an expert and can only go by what I learned from my experience and what you described about yours. I have no idea how the US govt evaluates all the documents we must provide when going through the process.

Best of luck!

Thank you so much for ur input......i am going to think happy thoughts and hope for the best.......

I spoke to a lawyer friend who has said the same thing as you...... it should not be a problem... all we can do is remain positive.....i just got my interview apt so I am thrilled!!!!!

Thanks again

[Comic 66]

Congrats