Evidences for K-1

[jmoon87 0]

I will give an example of what my immigration attorney told me ........We sent in 3 photos and copys of 2 airline tickets -that was it and at our interview they asked for nothing else also even though we did bring a stack of stuff ...it was explained to me like this when i asked about sending emails and phone records .my attorney told me he gets 1-3 cases a month from couples denied because of verbage in emails -Example -(its ok honey if you dont like it here you can always go back we will try it and see how it goes type of stuff or inside jokes between a couple )remember these are nothing but words on paper to the officer looking at them and they can often be misconstrued so just be carefull what you send ........He did say he sends a few easy to read emails and phone records if the relationship has been over 2 years because because this can help validate that the petitioner is just not traveling for work or to see family and will help clarify the timeline ..in my case i had only traveled to colombia twice in the last 6 months when the petition was sent and my fiance had never travled to the u.s. so obviously through the photos we had only met in the last 2 years .

[zyggy 9]

With that train of thought how is it then that a petitioner who has submitted an abundance of evidence of proof of the relationship, the beneficiary has still had their visa denied. Con officers can only deny and return a petition when it is found that the beneficiary may not be entitled to status due to fraud (evidence not available at time of approval), changes in circumstances, or clear error in the approval of the petition. Even IF evidence of the relationship is submitted and the petition is subsequently approved, there is nothing stopping a Conof from citing the latter (clear error) as reason for denial as it is the Conofs position to look at all the evidence provided for proof of the relationship, even whats already been submitted to USCIS. It is USCIS postition, that a petition is approved if all the 'requirements' of said petition have been met.

No it may not prevent them from sending it back... However, it does give you significant ammunition to fight the visa denial back at the Service Center to get them to send it back to the consulate.... And that in itself could be worth its weight in gold... From the attorneys that used to post here in the past, it is usually the case if the USCIS sends the petition back, the Consulate usually approves the visa.

In addition, the COnsular Officer has to state why they believe that the petition was approved in error and why they believe that there was fraud. If there is evidence backing up the relationship in the petition, it makes it harder for the Consular Officer to come up with concrete reasons that could withstand a USCIS review to send it back.

Edited February 8, 2006 by zyggy

[irishgirl73 0]

Every case is different-I sent in all required forms, copies of hotel receipts, car rental receipts & boarding passes. I do not think I overwhelmed them with proof of the fact that we had met, I just don't know if I should have sent my four photo's & called it a day. I just see this question asked over & over & it does seem that everyone has a different opinion on it.

I guess it is up to the individual preparing the application

[zyggy 9]

It all stems down to the individual nature of each case... Would I include evidence of the relationship if I were submitting to Canada. Probably not unless there were an issue that I might believe it would be called into question. Would I submit it if I were applying through Manila, HCMC, Lagos or another high fraud consulate, yes I would.

But I'm not submitting the petition and am not going to feel the ramifications of it, someone else is. We need to do a better job of guiding people on this site. Too many people are flippant and giving rote answers and not looking at many of the side issues that could be important or asking the right questions.

[aussiewench 9]

No it may not prevent them from sending it back... However, it does give you significant ammunition to fight the visa denial back at the Service Center to get them to send it back to the consulate.... And that in itself could be worth its weight in gold... From the attorneys that used to post here in the past, it is usually the case if the USCIS sends the petition back, the Consulate usually approves the visa.

In addition, the COnsular Officer has to state why they believe that the petition was approved in error and why they believe that there was fraud. If there is evidence backing up the relationship in the petition, it makes it harder for the Consular Officer to come up with concrete reasons that could withstand a USCIS review to send it back.

I am quoting this one, but in reference to your previous posts containing past posts, not one of those is saying sending in a truck load of proof of the relationship when submitting the petition is beneficial.

Look at the amount of RFE's that VJ members have been getting over the past many months even when supposedly submitting x amount....look at the amount that are under reviews at SC level and they aren't just ones from high fraud countries. Submitting evidence of the relationship could create a whole different picture in the adjudicators mind and I believe it is just as irrisponsible to have such information in the Guides that is contrary to what is in the instructions for the forms when even just one member is affected by it. IF there are embassy's where it would be of benefit then I believe that information can then be given them seperate to the Guides. It seems at times that a petitioner is putting more focus on submitting proving the relationship as opposed to ensuring that they have strong complete evidence of the 2 year requirement of having met and evidence to show they intend to marry which is required with the I-129F.

[zyggy 9]

No it may not prevent them from sending it back... However, it does give you significant ammunition to fight the visa denial back at the Service Center to get them to send it back to the consulate.... And that in itself could be worth its weight in gold... From the attorneys that used to post here in the past, it is usually the case if the USCIS sends the petition back, the Consulate usually approves the visa.

In addition, the COnsular Officer has to state why they believe that the petition was approved in error and why they believe that there was fraud. If there is evidence backing up the relationship in the petition, it makes it harder for the Consular Officer to come up with concrete reasons that could withstand a USCIS review to send it back.

I am quoting this one, but in reference to your previous posts containing past posts, not one of those is saying sending in a truck load of proof of the relationship when submitting the petition is beneficial.

Look at the amount of RFE's that VJ members have been getting over the past many months even when supposedly submitting x amount....look at the amount that are under reviews at SC level and they aren't just ones from high fraud countries. Submitting evidence of the relationship could create a whole different picture in the adjudicators mind and I believe it is just as irrisponsible to have such information in the Guides that is contrary to what is in the instructions for the forms when even just one member is affected by it. IF there are embassy's where it would be of benefit then I believe that information can then be given them seperate to the Guides. It seems at times that a petitioner is putting more focus on submitting proving the relationship as opposed to ensuring that they have strong complete evidence of the 2 year requirement of having met and evidence to show they intend to marry which is required with the I-129F.

I do not dispute what you are saying. It is a valid opinion. My only issue is that perhaps we should do a better job of discussing the pros and cons of including it and not including it, where it may be helpful and not helpful, and where it could be beneficial and for what reasons than just to wash our hands of it and wipe it off that map.

[jmoon87 0]

Aussie , i agree with you and that is what i was told by the attorney that did my petition -that sometimes too much can be a problem and can slow down the process ...but by all means i think everybody should send in what they feel good about sending but my only WARNING is make sure you read emails and letters and such to make sure that there is nothing that may be misleading or misconstrued ...remember INTENT TO MARRY not we will try it out for 90 days and see how it goes or how you will like it in the u.s. ....i would like to think most people know not to send in anything that may be misleading but sometimes being in a hurry or what may seem like a innocent email may be something that causes a red flag .....eitheir way good luck to all ..

[rosyanne 0]

Never!

Although, depend on your country, sometimes too heavy of a package could cost custom delay.

[john_and_marlene 162]

We sumitted a large amount of relationship evidence with the original application. At the interview (in a high fraud country) the CO remarked about how overwhelmingly he was already convinced concerning the validity of our relationship. He asked for no further proof and the entire interview was less than 2 minutes.

I am very happy with my choice to provide things beyond the minimum requirement.

[ryecatcher25 0]

I don't know why i am posting here as it should be obvious to include a "reasonable" amount of evidence in your initial petition to support a couples claim at having a relationship. But in addition to VJ site i also sent away for a law firms "how-to" guide on filing for K1. here is what it says under its section on how USCIS determines which applications it accepts and which it rejects.

The USCIS offices are overworked and understaffed. The applications that are approved the quickest have the following characteristics:

1) type applications whenever possible

2) organize your supporting documents. Use paper clips and binder clips to seperate documents.

3) MORE documentation is better than less. More letters, more phone bills, ect. <------------------

4) send return receipr requested via U.S. postal mail or overnight service (FEDEX, ect.)

I do believe in sending a fair amount of evidence and making sure that everything is easily organized so the staffer can find what they are looking for easily.

I sent 8 emails, 4 gift receipts, 7 photos, calling card receipts. In my application i even had an "optional" envelope that i labeled as optional items that included my fiancee's birth certificate, her certificate of non marriage proving she could marry, and even an i-134 notoraized with a couple fo my paychecks proving i was capable of supporting her. I doubt thay opened the "optional" packet" but i felt good knowing that i had been so complete in my application.

I got approved in 14 days and not in vermont but nebraska. But still i think organization is really essential.

[jmoon87 0]

You should bring everything but the kitchen sink to the embassy for the interview , my point is that for the application you need to prove that you have met in the last 2 years face to face- emails and letters dont prove this so you need to make sure what you are sending proves you have met face to face in the last 2 years and by all means send in whatever else makes you feel confident ...i worried i did not send enough but for some reason copies of two tiks and 3 photos was all i provided for the whole process and i am still scratching my head why they did not accept our other eveidence at the interview when i tried to give it to them .

[Yodrak 7]

aussiewench,

No, evidence of intent to marry is not required.

Statements of intent by petitioner and benficiary are all that's required. Evidence supporting the statements is optional if the petitioner wishes to provide it.

Yodrak

.... evidence to show they intend to marry which is required with the I-129F.

[rockamandy 0]

my problem is that i have been LIVING with my fiance for the better part of the last 2 years. we have loads of photographs of us together, but no emails, phone logs, texts, flight tickets, etc. because we just haven't done any of that! i am going to describe the situation in the letter, and include my pay stubs and bank statements and anything with my name and u.k. address on it (along with the same from him), just to show we have been residing at the same address. i *think* our original mobile phone plan has both of our names on it, even though it was hand-written and my name isn't on the electronic bills.

the pay stubs, bank statements, and university bills i have date from october/november 2004-january 2006. any other suggestions of proof that we've been living together? he pays all of the bills, so they're all in his name...

[Princess_8201 0]

is it necessary lets say if my fiance only includes 3-5pics as proof of evidence then my interview comes i showed another pics aside fr those on the packet would that be okay? wud there be any questions asking why showed only now those pictures ? also the instructions on passport days at least 6months valid fr the time the visa was issued , what if i already have a passport since 2003 and expiration is 2008 can i use this or what should i do next? help me please thanks am just quite nervous my interview would be on May 22, 2006 thanks

[Cassie 8]

This topic seems to come up again, and again, and again. Someone much wiser than I (methinks it was Andy) once wrote that it's not the amount of evidence that is important, it's WHAT that evidence shows, and how it fits into the overall picture. It's all about balance, IMHO.