Jump to content

20 posts in this topic

Recommended Posts

Posted

I think the funniest part of the whole evidence thing is arguing over what is proof and what isn't. Let's just suppose that two people met the old school way, in person, by chance, not online, not actually looking for a spouse. Suppose they struck up a friendship and began dating. They are both in the US, one a citizen, the other an overstay on a legit visa. The US citizen knows nothing about immigration laws or visas. They date for a long time, not saving every scrap of paper to prove they are a genuine couple. They have no idea what a K-1 visa is until later in the realtionship. So what do they use for proof of relationship? They use what they have. Some people don't take pictures at all, some very few. So someone may not have thousands of pictures. If you have 5, youu use 5. If you have emails, you use them. If you wrote letters, use them. I used over 500 phone cards calling Brazil and used that as partial evidence because believe it or not, that is how we communicated by phone. We used webcams and talked by internet too, no tangible proof. I didn't follow a set script to prove anything. We used what we had. Every case has it's nuances and not everyone does things the exact same way. It's personal.

In the end, it got us thru the K-1 and I-601 waiver process, with the wavier being adjudicated by DHS in Lima Peru, one of the more difficult offices. We're married and in the AOS process. What we did worked. And that is all that matters. Sucess. Two people who love each other being able to start a life together.

R.I.P Spooky 2004-2015

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Letters to validate the relationship, from family and friends and bosses, are a very good idea. I crammed 15 from my people and 3 from my fiancee's people under the Plexiglass and said, "Are all of these people lying?" (We were ordered to attend a so-called "joint" interview -- it wasn't even that in the slightest, but that's a long story -- and I was utterly livid at the implication that the relationship was phony.)

Three attorneys (including the head of the largest Immigration law firm in Houston) and two former consular officers recommended collection of these letters. Our other proof of relationship was indisputable except in the eyes of the ####### consulate, but I'm sure that these letters turned the tide.

Your people may not have met your fiancee, but they have perhaps seen pictures of the two of you, and certainly have heard about the relationship from you over a period of months. When you ask your people for letters, remind them of when you met your fiancee and the correct spelling of her name, but other than that, just ask them to validate the relationship in their own words. An absolute MUST is to put their contact information -- phone, e-mail, address -- in their letter.

Another absolute must is to minimize the number of letters from HER people. This is because (according to ALL of my consultants above) the consul could get the impression that these people are jockeying to come to the U.S. later, after the beneficiary (your fiancee) makes it here herself. No more than two or three from her most important people are necessary, and they should be comparatively formal, such as "I certify that ___ and ___ were together in my presence on [dates] for [occasions, if applicable], and that their relationship and intent to marry are true and genuine." Again, their contact information is a must.

Hard-copy, signed letters are optimal, but get them in any way that you can. You may be very pleasantly surprised at how responsive your people will be to your request.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Posted

Very good advice TBone. I think I used 8 letters and this too was suggested by a lawyer. I also used letters as evidence when we submitted our waiver. I also had everyone list their address, email and phone number. I think it is important to use what you have for evidence, get a bit creative if necessary.

R.I.P Spooky 2004-2015

Filed: K-1 Visa Country: Colombia
Timeline
Posted (edited)
I think the funniest part of the whole evidence thing is arguing over what is proof and what isn't. Let's just suppose that two people met the old school way, in person, by chance, not online, not actually looking for a spouse. Suppose they struck up a friendship and began dating. They are both in the US, one a citizen, the other an overstay on a legit visa. The US citizen knows nothing about immigration laws or visas. They date for a long time, not saving every scrap of paper to prove they are a genuine couple. They have no idea what a K-1 visa is until later in the realtionship. So what do they use for proof of relationship? They use what they have. Some people don't take pictures at all, some very few. So someone may not have thousands of pictures. If you have 5, youu use 5. If you have emails, you use them. If you wrote letters, use them. I used over 500 phone cards calling Brazil and used that as partial evidence because believe it or not, that is how we communicated by phone. We used webcams and talked by internet too, no tangible proof. I didn't follow a set script to prove anything. We used what we had. Every case has it's nuances and not everyone does things the exact same way. It's personal.

In the end, it got us thru the K-1 and I-601 waiver process, with the wavier being adjudicated by DHS in Lima Peru, one of the more difficult offices. We're married and in the AOS process. What we did worked. And that is all that matters. Sucess. Two people who love each other being able to start a life together.

So, I guess me and my fiance met the "old school way" as you put it. We met in Colombia while I was stationed over there for four months, and had no intention of even hooking up in the first place. I had known several people that had married foreigners, and knew it was a lengthy process, but never inquired about the actual process and what was involved. We had nothing prepared when we decided to submit the package. I went feverishly looking through my stuff for evidence, and this is what I came up with:

About 6 pictures (all but one were group pictures)

3 e-mails (2 from me and 1 from him)

Ticket stubs from my last trip out there

Change ticket receipt from Colombia

Exit tax receipt from Colombia

Ticket stubs from our trip to Peru (with us sitting beside each other on both flights (that was lucky))

Copy of my passport pages showing the trips

Credit Card statement showing tickets purchased in Jan to Colombia (on Colombian airline)

Emerald certification for my engagement ring (in my name, issued in Colombia)

Leave statement (showing his address) and country clearance from the military (not really proof of being there, only intent)

Paperwork from our jointly owned dog (I thought this one was funny :lol: )

-Vet receipt showing fiance as owner

-Corresponding credit card receipt from my card (this one was lucky too)

-Flight receipt for the dog showing me as owner

I'm pretty sure all of this will work, but just to show you, use what you can find. All of our situations are different.

Edited by USbride
9290.gif
Posted
Paperwork from our jointly owned dog (I thought this one was funny :lol: )

:lol: I love it! Now that is unique and creative. Best of luck to you, I think you'l be fine too. Just keep collecting evidence for the interview to prove ongoing relationship. Those of us who did it the old fashioned way must use what we have. A guide is merely a guide, it is not the end all and only way to do it.

R.I.P Spooky 2004-2015

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...