General ??'s Before filing K1 visa

[thepizzadude 26]

Hello, I am new to these forums but have been reading them for a or a month or so while planning to file a K1 visa for my fiance who lives in the Philippines.

Elena and I met in a very different way than most I have seen on these boards, I play Multiplayer Online Games and met her cousin while playing one of these games in 2007, her cousin runs and internet cafe that her family owns and we became close friends, nothing more than friends but we talked online ingame and on phone for many months. Eventually her cousin who helped around the cafe on occasion expressed an interest in talking with me also, so we started chatting in late Feb early March '08. We talked everyday, I sent her some money to buy a webcam so we could actually see each other in April and it wasnt long until we became more and more interested in one another and by July I realized I was starting to become interested in more than just a friendship, so I told her and likewise she felt the same, over the course of the next few months I decided to go and meet her and her family in the Phils.

Towards the end of September I commited to this and we decided we wanted to meet and if we really felt as we thought we did in person we would like to be together for the rest of our lives, as we had already began talking about our feelings for one another and felt we wanted to be married. Well on October 8th I purchased the tickets for the trip in December. The next 67 days seemed like an eternity.

On December 15th I was off to Cebu, and I spent 10 days there with her, and we visited her family in Leyte where she is originally from and I had the best time of my life and believe I actually found the proverbial "girl of my dreams", we knew before we met in person that love was the feeling we had but it was confirmed during the time we spent together, she is the sweetest and most caring woman I have ever met. Her family and I got along very well as we only spent a few days at Christmas there with them I wish I could have stayed much much longer.

I really wish that the circumstances had allowed us to be married in the Philippines but I have a business and the only time I could get away was during the holidays because my employees were out of school and could run the business in my absence, so we could not get the marriage license and other documents because of the vacation schedule of the offices in Cebu and Manilla, so we decided to go the K1 route instead. I like her family would have preffered to be married there in the Philippines as I know it would have been very special for her to be married with her family present....if only I was independently wealthy, but alas this isnt the case, I have a small pizza shop in the states and being away is very difficult because I run it myself. Anyway to make a longer story short, I ask her parents permission on the night of Dec 23rd and when her father said yes, I ask her to marry me right then and there in front of her whole family, cousins, aunts, uncles.

Sadly we only had a few more days together because the day after Christmas at 9pm I made the saddest journey I could ever imagine, I had to turn and walk away from someone I never wanted to be without again. And believe me its hard for a man to admit it when he cries like a baby but.....well you know.

Anyway, we really felt that this would be what we wanted I had already done my research and read as much as possible about the k1 process before my trip and was already struggling with the "OMG does this mean that" " or does it mean this" etc...so many different things on the web, I was so happy when I found this site, which only happened a week or so before I left on the trip.

So now here I sit, most papers done except for 1 document which I fedexed to Elena on Saturday and she return to me today, so I should get by Wednesday morning, then I will have everything and it will be time for me to send it in, I am looking for any comment or suggestions before I send it because I want to make this as painless as possible, and already knowing it may be 7-8 months or more I would like all papers to be in order before I send. I have just a few questions to clarify things for my own well being and assurances that I have done all I can to include everything that may be needed.

I have the Assembling the I-129F Package and I will have everything once I get the Fedex from Elena. but have just few questions:

1. We have done most talking on phone thru the use of phone cards as she can call me for 2.5¢ a minute and I can get here in states for 14¢ per minute...should I get a phone international plan even though it cost 20¢ per minute and use it to document relationship and continue using cards also or should we make all calls on home phone so there are a ton of them on phone bill and just suck up the higher costs.?

2. When sending in packet do I send the actual certified copies or copies of the actual certified copies.?

3. How important are letters, we send lots greeting cards but we speak each day so only a few letters, which we will begin writing more as I can see we need them but up to now were they important.

4. Chat logs, I have months and months worth should I just narrow down to a few, especially ones that talk of marriage as each day gets to be 20+ pages, and how many would be a good amount to include.

5. When I read the Assembling the I-129F Package it says "Original statements (from both the US Citizen and foreign fiance) certifying an intent to marry within 90 days of entering the US on a valid K-1." Does the word certifying here above mean "we are certifying, as in saying our intent" or does it mean these have to be CERTIFIED COPIES?

6. When I read :Assembling the I-129F Package: Checklist " it says "Declaration of how you met in person in the last two years. This should be a single TYPED page attachment regarding question 18 of the I-129F." but when I read VisaJourney.com > K-1 Fiance Visa Tips K-1 Fiance Visa: Tips on Forms and Documents it says "

Make sure that your "original statement of having met in person" (you and your fiance should write one) is signed by hand in ink by each person and not just TYPED" both on this site so which do I believe is best? And, do I need one from BOTH of us, at this point I only have the one from me?

And this last question is the most important I think...I was divorced from my previous wife of 13.5 years in 2002 February and it was not a good divorce I had just started business few years before and worked 7 days a week and me being away from home so much she grew tired and found another source of excitement, anyway I also co-signed a loan for my step daughter and she had quit paying on the loan, changed addresses for mail and I did not find out til car in repo and they called my home to tell me they wanted my car back, I told them I just paid it off and they told me which MY CAR they were talking about and it was my step daughters car I cosigned on, so I basically had to steal my own car back which I did but in process during a communication on telephone I uttered these stupid words "If you guys don't give the car back I will HURT you just like YOU are hurting me". Well of course this was not a threat of harm to a person by way of physical means, if I was a physical person somewhere during our divorce proceeding I think it would have been brought up (BTW this happened 8 days after divorce was final). I was talking about hurting my ex-wives credit rating which was what they were doing to me by not paying on the car and having it go into repossession, this was my only train of thought, well the court did not see it that way. They said it could be CONSTRUED to be a physical threat and a Temporary Restraining Order was granted to my ex-wife. So, ok I had to deal with it and I did.

The question is this going to be a blockade to our K1 visa, will it cause problems. Does it fall under the category of Domestic Violence or anything pertaining to Section C Question 2. Is this something that I have to disclose or is this disclosure only pertain to someone who uses an International Marriage Broker. I don't think this is a misdemeanor or a felony at all, but I just don't know so I am asking here. I have copies of the case timeline from the court and it is certified if I need it but they told me they don't even keep records of these after a year of so because they are granted if someone just says you say something. I know what people think when they hear this but I assure you I never intended or would hurt my family and my words were taken out of context, I sincerely believe that this was done to hurt me in only way left by my wife after the divorce courts gave me the house, my business and 2 of my 3 step-children decided to stay living with me after my ex wife and I divorced. I can understand why she was hurt but she brought it all on herself.

So I am sorry to bore you with my life story just to ask a few questions but this is a very important step in my life and I want to do everything possible (the first time) to make this a smooth process for my fiance and myself.

Thanks for any help you may be able to provide

Donnie

[KimandRuss 0]

Firstly, welcome to VJ. There's most likely more people than you know that can relate to your situation and heartache right now. Have faith that with time and patience everything will be 'ok' and you will be together again.... for good.

1. We have done most talking on phone thru the use of phone cards as she can call me for 2.5¢ a minute and I can get here in states for 14¢ per minute...should I get a phone international plan even though it cost 20¢ per minute and use it to document relationship and continue using cards also or should we make all calls on home phone so there are a ton of them on phone bill and just suck up the higher costs.?

Phone messages are only secondary evidence for proof of an on-going relationship so it would really depend on what else you have as far as evidence. Do the best you can to document all interaction you have with your fiance. Visit the PI Regional forum here for more advice on this.

2. When sending in packet do I send the actual certified copies or copies of the actual certified copies.?

It depends on the document but copies are usually fine for uscis. The K1 Guide clearly states which documents need to be 'original certified copies' and/or 'originals'... things like divorce decree can be a copy of the certified document but you may want or need to send the 'original certified copy' (the one with the raised seal) for the interview stage. All signatures should be original... letter of intent, G325...etc.

3. How important are letters, we send lots greeting cards but we speak each day so only a few letters, which we will begin writing more as I can see we need them but up to now were they important.

4. Chat logs, I have months and months worth should I just narrow down to a few, especially ones that talk of marriage as each day gets to be 20+ pages, and how many would be a good amount to include.

Again, all secondary evidence that will be needed more for interview stage to prove this is a bona-fide relationship. USCIS cares that you are both free to marry and that you are legally able to petition your fiance. Evidence of ongoing relationship is not required with the initial petition. However, it's often suggested to load the initial petition when dealing with a high fraud Embassy but i'm not clear on how well that helps in Manillla. Check with the folks in Regionals.

5. When I read the Assembling the I-129F Package it says "Original statements (from both the US Citizen and foreign fiance) certifying an intent to marry within 90 days of entering the US on a valid K-1." Does the word certifying here above mean "we are certifying, as in saying our intent" or does it mean these have to be CERTIFIED COPIES?

Use the example forms and simply sign them. No notorization needed.

6. When I read :Assembling the I-129F Package: Checklist " it says "Declaration of how you met in person in the last two years. This should be a single TYPED page attachment regarding question 18 of the I-129F." but when I read VisaJourney.com > K-1 Fiance Visa Tips K-1 Fiance Visa: Tips on Forms and Documents it says "

Make sure that your "original statement of having met in person" (you and your fiance should write one) is signed by hand in ink by each person and not just TYPED" both on this site so which do I believe is best? And, do I need one from BOTH of us, at this point I only have the one from me?

Declaration of how you met is a question on the I-129f. Because there is only little space provided on the form, some people attach a addendum to the form and reference that addendum in the space provided for the answer. This addendum needs to be signed. I'm not sure why the tips section says to have the fiance write their own up but I will address the issue with VJ administration.

In regards to Section C Question 2, if applicable provide certified copies of all court and police records showing the charges and dispositions for any specified conviction(s) (in accordance with the IMBRA). See section 9 of the I-129f instructions for more information

All I know is that you need to answer the questions as honestly as you can. I have no idea if these kinds of issues will create a problem for you or not but you could ask in the IMBRA forums or wait for someone with experience with this to chime in.

The very best advice I can give you is to educate and prepare yourself as well as you can.

good luck.

[payxibka 10,045]

I have the Assembling the I-129F Package and I will have everything once I get the Fedex from Elena. but have just few questions:

1. We have done most talking on phone thru the use of phone cards as she can call me for 2.5¢ a minute and I can get here in states for 14¢ per minute...should I get a phone international plan even though it cost 20¢ per minute and use it to document relationship and continue using cards also or should we make all calls on home phone so there are a ton of them on phone bill and just suck up the higher costs.?

2. When sending in packet do I send the actual certified copies or copies of the actual certified copies.?

3. How important are letters, we send lots greeting cards but we speak each day so only a few letters, which we will begin writing more as I can see we need them but up to now were they important.

4. Chat logs, I have months and months worth should I just narrow down to a few, especially ones that talk of marriage as each day gets to be 20+ pages, and how many would be a good amount to include.

5. When I read the Assembling the I-129F Package it says "Original statements (from both the US Citizen and foreign fiance) certifying an intent to marry within 90 days of entering the US on a valid K-1." Does the word certifying here above mean "we are certifying, as in saying our intent" or does it mean these have to be CERTIFIED COPIES?

6. When I read :Assembling the I-129F Package: Checklist " it says "Declaration of how you met in person in the last two years. This should be a single TYPED page attachment regarding question 18 of the I-129F." but when I read VisaJourney.com > K-1 Fiance Visa Tips K-1 Fiance Visa: Tips on Forms and Documents it says "

Make sure that your "original statement of having met in person" (you and your fiance should write one) is signed by hand in ink by each person and not just TYPED" both on this site so which do I believe is best? And, do I need one from BOTH of us, at this point I only have the one from me?

1) not required for the I-129f

2) instructions are clear... regular photocopies are accepted (of an original or certified document) unless it is specifically required

3) not required for the I-129f

4) not required for the i-129f

5) certified by what or by whom? original statements. period.

6) "declaration of how you met" or Q18 and "statement of intent to marry" are two different things though many comingle... Q18 needs only to be written by one of the parties

Edited January 5, 2009 by payxibka

[thepizzadude 26]

I have the Assembling the I-129F Package and I will have everything once I get the Fedex from Elena. but have just few questions:

1. We have done most talking on phone thru the use of phone cards as she can call me for 2.5¢ a minute and I can get here in states for 14¢ per minute...should I get a phone international plan even though it cost 20¢ per minute and use it to document relationship and continue using cards also or should we make all calls on home phone so there are a ton of them on phone bill and just suck up the higher costs.?

2. When sending in packet do I send the actual certified copies or copies of the actual certified copies.?

3. How important are letters, we send lots greeting cards but we speak each day so only a few letters, which we will begin writing more as I can see we need them but up to now were they important.

4. Chat logs, I have months and months worth should I just narrow down to a few, especially ones that talk of marriage as each day gets to be 20+ pages, and how many would be a good amount to include.

5. When I read the Assembling the I-129F Package it says "Original statements (from both the US Citizen and foreign fiance) certifying an intent to marry within 90 days of entering the US on a valid K-1." Does the word certifying here above mean "we are certifying, as in saying our intent" or does it mean these have to be CERTIFIED COPIES?

6. When I read :Assembling the I-129F Package: Checklist " it says "Declaration of how you met in person in the last two years. This should be a single TYPED page attachment regarding question 18 of the I-129F." but when I read VisaJourney.com > K-1 Fiance Visa Tips K-1 Fiance Visa: Tips on Forms and Documents it says "

Make sure that your "original statement of having met in person" (you and your fiance should write one) is signed by hand in ink by each person and not just TYPED" both on this site so which do I believe is best? And, do I need one from BOTH of us, at this point I only have the one from me?

5) certified by what or by whom? original statements. period.

I was asking about the wording it say "certifying" and I am just looking for clarification, as the question asks.

6) "declaration of how you met" or Q18 and "statement of intent to marry" are two different things though many comingle... Q18 needs only to be written by one of the parties

I have no problem distinguishing between the two items needed my question as it states is because one says to TYPE IT one says TO HANDWRITE IT AND NOT TYPE but I have come to conclusion that it in that context is speaking of the actual signature and not the whole document, but thank you for your responses.

Edited January 5, 2009 by thepizzadude

[Dakine 26]

Records of you guys having a bona fide loving relationship will come into play at the USEM interview. For now alls you have to prove is that you met in person in the last 2 years.

Get a international phone carrier that shows the numbers you called. I used AT+T. Made short calls with them almost daily and used phone cards for the long ones.

Do screen prints now and then when chatting.

Be sure and print out chats now and then as I had YM crash on me once and lost a lot of chats.

MOST important is to make another trip or two. If you can do only one. Make it for her interview!

[HappyDancer 7]

welcome to VJ. Stay tuned when youhave questions. This site is always ready to help

[pushbrk 12,881]

A restraining order won't be a factor or come up in your visa process. A conviction for domestic violence would.

[DEDixon 39]

Don't worry about phone logs and whatnot at this point. You'll have plenty of time to gather what you've saved (logs, pictures, whatever) after you file the 129F. After you file the 129F, you'll get an NOA1 (takes about a week) then you'll get an NOA2 (takes around 4 months). Months 5 and 6 are the busiest.

Actually, while you wait for NOA2 (after you've filed the 129F), you'll be bored with nothing much to do really. Once NOA2 comes, time to get busy preparing all of the communication logs that you've been saving into a package to send to your finacee. She will take this stuff to the interview with her.

Since you are self employed, I think your biggest task is getting all of the necessary financial records (again, this is for the interview... after NOA2). If you are border line or on the edge of the income requirement to support her, be sure you provide everything under the sun to prove your income is what it is and that it is stable. It would be very beneficial if you can show that your income has actually grew over the years. You'll need 3 years of, I think, "certified tax returns." The IRS can provide these. Many people have been delayed, because of inadequate financial records so if you are border line qualified, get ready to prepare the best financial package possible.

For the interview, you'll need to provide a I-134 and get it notarized. This document isn't difficult to prepare.

As you are waiting for NOA2 (after you've filed the 129F), you'll get a sense from reading here the logs/proof you should provide. I only chatted with my fiancee on YM (voice and text). We never ever talked on the phone. I did buy her a computer and paid for home internet access so we could voice chat everyday. After so many hours on the computer, I couldn't justify calling international. Honestly, if you have IM chat proof, greeting cards and pictures, I think that is good enough. This process isn't cheap so best to save where you can. (I keep thinking it isn't cheap.... I went to the RP four times to see my fiancee over 1 year so I guess I spent my fair share).

After you get your NOA2 or maybe just before you think you are due to get it, your fiancee also has to kick it into high gear. She has to get all of her clearances, get passport pictures, go to get medical, go to CFO (counseling), go to the interview very prepared. She shouldn't get the clearances too early since some of them aren't valid beyond 6 months. Besides the validity period (6 months for some docs, 1 year for others), better to have very fresh documents/clearances so waiting to get them is okay. If she gets these documents early in the process, just be sure which documents are valid for only 6 months (I forget).

The certified letters of intent to marry - these are simple letters from each of you stating that you intend to marry. Each letter needs a signature. There are samples on here and other sites. You'll need these documents for the initial 129F package.

The G325A will need her signature - you'll need this document for the initial 129F package.

So for the initial 129F package you'll need a signed letter of intent from your finacee and you'll need a signed G325A. For the G325A, I had my finacee complete it, sign it and also sign a bunch of blank ones just in case she made a mistake. These 2 documents, if I remember correctly were the only 2 documents I needed my fiancee to send to me FAST!

Be careful with the G325A, it has 4 pages all of which appear to be the same, however they are only slightly different. When your finacee sends a blank G325A to you, she has to sign one G325A four times (sign each page). If you ask her to send three blank G325As, she has to sign 12 times.

[thepizzadude 26]

Since you are self employed, I think your biggest task is getting all of the necessary financial records (again, this is for the interview... after NOA2). If you are border line or on the edge of the income requirement to support her, be sure you provide everything under the sun to prove your income is what it is and that it is stable. It would be very beneficial if you can show that your income has actually grew over the years. You'll need 3 years of, I think, "certified tax returns." The IRS can provide these. Many people have been delayed, because of inadequate financial records so if you are border line qualified, get ready to prepare the best financial package possible.

Actually this is one of my concerns my business has losses from first years and they are allowed to be written off slowly over time and only last few years has shown profits so the income is over the thresholds but not by a lot. I just dont understand how they go off AGI from someone who has business when they know there are previous years losses that affect this figure. Luckily I have a CPA do all my taxes and should be able to provide all the required documents.

One question though doesn't the rule go I need only provide 1 year tax returns for them to use...I know they used to take 3 from what I hear but now only require 1? Only reason I ask is this year and last year over threshold but 3 year back I still had quite a bit of loss to claim.

Be careful with the G325A, it has 4 pages all of which appear to be the same, however they are only slightly different. When your finacee sends a blank G325A to you, she has to sign one G325A four times (sign each page). If you ask her to send three blank G325As, she has to sign 12 times.

Funny you should bring this up this is exactly what happened to me I get home from the Philippines look at documents and notice at bottom of our 325A it says LOOK AT INSTRUCTIONS ON PAGE 5 and I think "PAGE 5" then investigate and find the fact that it is a 4 page duplication of one paper coded for where it may end up ie...consulate...identification...records br...and C....

Thanks for your input

[abbynorm1 0]

Hi! Welcome to VJ.. We may have a smooth and speedy journey here... God bless

[abbynorm1 0]

Hi! Welcome to VJ.. We may have a smooth and speedy journey here... God bless

[pushbrk 12,881]

Since you are self employed, I think your biggest task is getting all of the necessary financial records (again, this is for the interview... after NOA2). If you are border line or on the edge of the income requirement to support her, be sure you provide everything under the sun to prove your income is what it is and that it is stable. It would be very beneficial if you can show that your income has actually grew over the years. You'll need 3 years of, I think, "certified tax returns." The IRS can provide these. Many people have been delayed, because of inadequate financial records so if you are border line qualified, get ready to prepare the best financial package possible.

Actually this is one of my concerns my business has losses from first years and they are allowed to be written off slowly over time and only last few years has shown profits so the income is over the thresholds but not by a lot. I just dont understand how they go off AGI from someone who has business when they know there are previous years losses that affect this figure. Luckily I have a CPA do all my taxes and should be able to provide all the required documents.

One question though doesn't the rule go I need only provide 1 year tax returns for them to use...I know they used to take 3 from what I hear but now only require 1? Only reason I ask is this year and last year over threshold but 3 year back I still had quite a bit of loss to claim.

Be careful with the G325A, it has 4 pages all of which appear to be the same, however they are only slightly different. When your finacee sends a blank G325A to you, she has to sign one G325A four times (sign each page). If you ask her to send three blank G325As, she has to sign 12 times.

Funny you should bring this up this is exactly what happened to me I get home from the Philippines look at documents and notice at bottom of our 325A it says LOOK AT INSTRUCTIONS ON PAGE 5 and I think "PAGE 5" then investigate and find the fact that it is a 4 page duplication of one paper coded for where it may end up ie...consulate...identification...records br...and C....

Thanks for your input

The three years is a "best practice" but no need to include more than one unless it's going to help.

[DEDixon 39]

If you provide one year of tax returns, do it exactly as they want it (read up, be careful). They are really picky when it comes to self employed petitioners (seems to me). In the end, they probably won't have grounds to deny a visa, however what you are trying to prevent is to give them a reason to delay the process by requesting additional documents. They aren't always clear about what more they want so they can leave you guessing. For example: http://www.visajourney.com/forums/index.ph...p;#entry2441537

If you have any assets like a retirement fund, cash in the bank, stocks, gold, anything that is considered an investment, it can offset an income which is borderline.

[abbynorm2 0]

Thanks for any help you may be able to provide

Donnie

Our story has more similarities than differences. I just wanted to let you know about Skype if you didn't already know about it. It uses a webcam and mic just like Yahoo or ooVoo, but I find the video quality of a far higher quality than the others that I have used. It is free to use and it saves logs of call times and dates, has text, and games. I have a pretty cheap plan I use when I have to, but most of our time is spent on Skype.

[AZSunshine78 437]

On 1/5/2009 at 3:10 PM, pushbrk said:

A restraining order won't be a factor or come up in your visa process. A conviction for domestic violence would.

 I would love your input!!!!

I am the petitioner and I had to check "yes" for an order of harassment because I was dating a man who failed to tell me he was married so his wife put an order of harassment against me and it was granted.

 

I never violated that order and I have no other criminal history. I work in the school systems then I have an IVP (fingerprint card) from the Arizona Department of Public Safety.

I'm definitely not a criminal, have never been arrested or been in trouble with the law.

 

I didn't supply any type of transcripts or documentation because it was only asked for if I had been arrested or incarcerated or anything like that.

 

Do you think this is going to result in an RFE or worse, denial of the visa?

 

does anyone at all had any experience with the specific scenario? Were they had to check yes but they checked no for all of the other criminal stuff?