K-1 Visa - Submit now or later?

[dnxt 0]

Hello all! My name is Long and I, like many of you, have fallen for a special lady that resides in VN. Her name is Diem and I can't wait to spend the rest of my life with her! I was preparing to submit the I-129F for the K-1 Fiance Visa, but after finding this forum and realizing that many cases are often delayed, I'm considering visiting VN at least one more time before filing the K-1. Any thoughts, comments or suggestions will be greatly appreciated!

I was introduced to Diem by her sister Thi and we began talking over the phone in Nov 2008.

TET 2009 - I decided to go to VN to meet Diem..Thi and her boyfriend John joined me in VN. I am Vietnamese and speak English and Vietnamese fluently..Diem has been studying English, but we currently communicate exclusively in Vietnamese. I proposed to Diem while in VN and we ended up having a small (50 people) engagement party before I returned to US.

July 2009 - Spent 7 weeks with Diem traveling Vietnam and introduced her to a few of my family members still living in Vietnam.

Weaknesses

- Calling card used from Nov 2008 to TET did not have retrievable call records

- Did not retain any hotel receipts while on first trip

- Currently unemployed, but have some promising prospects and should be employed very soon

- Had engagement party on first visit to Vietnam

- Was introduced by her sister

Strengths

- Income is stable over past few years despite current unemployment

- Have call records on Skype, SavingCall Calling Card and Yahoo Messenger

- took many pictures while in VN

- Have all hotel receipts for 2nd trip in July 2009

My questions are:

Do any weaknesses stand out and are a cause for concern?

Are my 2 visits to VN sufficient for K-1 Visa?

Are there any other steps that should be taken prior to filing for K-1 Visa?

I'm very anxious to get the paperwork submitted, but I just hope to be able to avoid the dreaded Additional Processing.

Thank you in advance for reading my story!

Long

[toddandhien 2]

You summarized the weaknesses well. And there is not much you can do about what has happened in the past, how you met or when you had the dam hoi. Those are potential issues and you will have to be prepared to address them. But they are not going to get better with age. My advice would be:

Document everything very well from here on

Go to VN again for a visit and then again when she has her interview

Frontload the petition with as much evidence as you have

Develop a very good timeline that can be used at the interview

Prepare her extremely well for the interview

Good luck

[Dau Que 6]

Hello all! My name is Long and I, like many of you, have fallen for a special lady that resides in VN. Her name is Diem and I can't wait to spend the rest of my life with her! I was preparing to submit the I-129F for the K-1 Fiance Visa, but after finding this forum and realizing that many cases are often delayed, I'm considering visiting VN at least one more time before filing the K-1. Any thoughts, comments or suggestions will be greatly appreciated!

I was introduced to Diem by her sister Thi and we began talking over the phone in Nov 2008.

TET 2009 - I decided to go to VN to meet Diem..Thi and her boyfriend John joined me in VN. I am Vietnamese and speak English and Vietnamese fluently..Diem has been studying English, but we currently communicate exclusively in Vietnamese. I proposed to Diem while in VN and we ended up having a small (50 people) engagement party before I returned to US.

July 2009 - Spent 7 weeks with Diem traveling Vietnam and introduced her to a few of my family members still living in Vietnam.

Weaknesses

- Calling card used from Nov 2008 to TET did not have retrievable call records

- Did not retain any hotel receipts while on first trip

- Currently unemployed, but have some promising prospects and should be employed very soon

- Had engagement party on first visit to Vietnam

- Was introduced by her sister

Strengths

- Income is stable over past few years despite current unemployment

- Have call records on Skype, SavingCall Calling Card and Yahoo Messenger

- took many pictures while in VN

- Have all hotel receipts for 2nd trip in July 2009

My questions are:

Do any weaknesses stand out and are a cause for concern?

Are my 2 visits to VN sufficient for K-1 Visa?

Are there any other steps that should be taken prior to filing for K-1 Visa?

I'm very anxious to get the paperwork submitted, but I just hope to be able to avoid the dreaded Additional Processing.

Thank you in advance for reading my story!

Long

If you have read this forum before and paid attention, I've said this numerous times. This info I got from a local experienced immigration lawyer (which I used as consultation myself for my wife).

First trip: get to know each other

Second trip (at least 6 months from the first one): getting to know her family a little bit more. Meet her parents.

At least a year from the very first time that the two met each other face to face: the Proposal, either on the phone or in person in the Third trip

The Engagement in the Third trip or the Fourth, if you have time and money

Now is the time to file your paperwork with the INS, which should be at least one and half or 2 years from the initial meeting.

Fourth trip to visit her and the family, preferably during a major Holiday period like Christmas or Tet.

Some people might get lucky by not following this timeline guidline, but luck won't guarantee success in life versus being well-prepared.

My 3.1459©

[lindal24 1]

If you have read this forum before and paid attention, I've said this numerous times. This info I got from a local experienced immigration lawyer (which I used as consultation myself for my wife).

First trip: get to know each other

Second trip (at least 6 months from the first one): getting to know her family a little bit more. Meet her parents.

At least a year from the very first time that the two met each other face to face: the Proposal, either on the phone or in person in the Third trip

The Engagement in the Third trip or the Fourth, if you have time and money

Now is the time to file your paperwork with the INS, which should be at least one and half or 2 years from the initial meeting.

Fourth trip to visit her and the family, preferably during a major Holiday period like Christmas or Tet.

Some people might get lucky by not following this timeline guidline, but luck won't guarantee success in life versus being well-prepared.

My 3.1459©

I was one of those lucky ones...I met my husband in Dec 07, got engaged/married in May 08, and he got approved and will be here Oct 09. I didn't know of this website until after I submitted our CR-1 petition, but if I knew then what I know now, I would have waited to file the IR-1 until at least 1 to 1 1/2 years after we married. Even now I don't feel rush about the whole marriage thing, but I'm sure the whole petition process could have been easier if I waited to file. 1. My red flags would be yellow flags, 2. The peition would be for an immediate relative as opposed to a conditional relative therefore no need to remove conditions, 3. I would be able to spend more time in VN (but distance would have made it a little hard...).

It's ultimately up to you of course, but the outcome of whether you get the approval or not is based on how strong you present your case. I agree with Dau Que and his timeline reasoning...TAKE YOUR TIME!! My 2©.

[b_weeks 6]

Weaknesses

- Calling card used from Nov 2008 to TET did not have retrievable call records

- Did not retain any hotel receipts while on first trip

- Currently unemployed, but have some promising prospects and should be employed very soon

- Had engagement party on first visit to Vietnam

- Was introduced by her sister

Strengths

- Income is stable over past few years despite current unemployment

- Have call records on Skype, SavingCall Calling Card and Yahoo Messenger

- took many pictures while in VN

- Have all hotel receipts for 2nd trip in July 2009

My questions are:

Do any weaknesses stand out and are a cause for concern?

Are my 2 visits to VN sufficient for K-1 Visa?

Are there any other steps that should be taken prior to filing for K-1 Visa?

I'm very anxious to get the paperwork submitted, but I just hope to be able to avoid the dreaded Additional Processing.

Thank you in advance for reading my story!

Long

The weakbesses you list can be overcome. It is all how you present your facts.

I was introduced by her sister and had the Dam Hoi on the first trip. filed K1, whole process about 4 months, but we were LUCKY...

Take your time, do it right. See my post HCMC - Evidence you should have

PM me if you have any questions.

[dnxt 0]

toddandhien - Thanks for the advice. I've already created a timeline and will front load the petition. Realistically, it would be better to make another visit or 2, but the wait is becoming unbearable..skype is great and all but I want the real thing!

Dau Que - Thank you for providing the timeline. It's a methodical and well-planned approach..if this is what needs to take place, then I guess I've got some reevaluating to do. As much as I would like to, making several more trips to VN will be difficult as I will be starting a new job soon and don't expect to be able to take several extended vacations. I suppose I could make another trip and have another engagement party to satisfy the CO's, but this just seems a little foolish. In a perfect world, I would follow this to a tee but sometimes life happens.

lindal24 - Congrats on the approval! Do you think the whole process would have taken longer if you waited to file?

bweeks - This is very refreshing to hear. Four months?! You should go buy a lotto ticket! I've got all but 2 of the Evidence items you've listed.

This whole process is emotionally draining and I'm grateful to have found people out there who are or have gone through the things I'm going through. I feel so hopeless sometimes..waiting, wondering, wishing. I'm really leaning towards submitting now, since I'm confident that I've got a strong case like bweeks. This calculated risk does have some potential consequences:

1. Diem can be banned for life from entering US if determined to be fraud. The thought is frightening but I'm confident that our relationship will be proven to the CO.

2. The petition may be put in Additional Processing and sit there for many months or longer but, even so, submitting now appears to be the fastest route.

[lindal24 1]

lindal24 - Congrats on the approval! Do you think the whole process would have taken longer if you waited to file?

It depends on how you look at it, because I got approved within 2 years of meeting him and 1 year and 5 months after us getting married. If I waited to file, I guess it would be quicker from the time I initially filed the petition because I would have a stronger case (I believe...)

[BinhJerome 14]

Hello all! My name is Long and I, like many of you, have fallen for a special lady that resides in VN. Her name is Diem and I can't wait to spend the rest of my life with her! I was preparing to submit the I-129F for the K-1 Fiance Visa, but after finding this forum and realizing that many cases are often delayed, I'm considering visiting VN at least one more time before filing the K-1. Any thoughts, comments or suggestions will be greatly appreciated!

I was introduced to Diem by her sister Thi and we began talking over the phone in Nov 2008.

TET 2009 - I decided to go to VN to meet Diem..Thi and her boyfriend John joined me in VN. I am Vietnamese and speak English and Vietnamese fluently..Diem has been studying English, but we currently communicate exclusively in Vietnamese. I proposed to Diem while in VN and we ended up having a small (50 people) engagement party before I returned to US.

July 2009 - Spent 7 weeks with Diem traveling Vietnam and introduced her to a few of my family members still living in Vietnam.

Weaknesses

- Calling card used from Nov 2008 to TET did not have retrievable call records

- Did not retain any hotel receipts while on first trip

- Currently unemployed, but have some promising prospects and should be employed very soon

- Had engagement party on first visit to Vietnam

- Was introduced by her sister

Strengths

- Income is stable over past few years despite current unemployment

- Have call records on Skype, SavingCall Calling Card and Yahoo Messenger

- took many pictures while in VN

- Have all hotel receipts for 2nd trip in July 2009

My questions are:

Do any weaknesses stand out and are a cause for concern?

Are my 2 visits to VN sufficient for K-1 Visa?

Are there any other steps that should be taken prior to filing for K-1 Visa?

I'm very anxious to get the paperwork submitted, but I just hope to be able to avoid the dreaded Additional Processing.

Thank you in advance for reading my story!

Long

The worst thing I see is that you are unemployed, they will want to know what you made last year, and if you file this late they will need to know this year and with you being unemployed you need to know how much you have made this year. Without making enough they say that HCMC does not allow for a co sponsor, so this should in my view be the main focus on what you look at. The second thing I would look at is that you were introduced by her relative, and the first visit you propose and get engaged. Even though you made a second trip, this might be considered moving fast. I had the engagement on my first trip as well and I just got denied, I do not know if this is one of their reasons or not, I did not have family introduce us either. Good luck and choose what makes you feel best. There is no clear line that anyone can file, each case is different. Some get introduced, go there within a month or two get engaged, and do not get AP just a approval, some go 3 times before they file and get denied, it is anyones guess, I think the make or break point is the interview, if you are confident and show it this looks better, if all your answers seem sound and nothing strange, or out of no where like a ex wife in prison, or a ex husband living next door, or other strange things it should be fine, but again what I did hasn't seemed to help with my case, but the same things I did, did work for other people. Good Luck Jerome

[dnxt 0]

My salary for last yr is more than the poverty limits, but this year will be below, due to pursuing other interests.

From what I've read on VJ, I will be able to do the K-1 Visa as long as I get a job soon. Do you know if this is correct?

[Anh map 2,098]

At the time of the interview you will need to be able to prove current and ongoing income that annualized will meet the I-864P guidelines for your family/household size. That amount for two persons is currently: $18,212.

HCMC does not accept co-sponsors for K petitions. So if your earnings do not meet the criteria, start working on it now.

[David-Hien 11]

Hello all! My name is Long and I, like many of you, have fallen for a special lady that resides in VN. Her name is Diem and I can't wait to spend the rest of my life with her! I was preparing to submit the I-129F for the K-1 Fiance Visa, but after finding this forum and realizing that many cases are often delayed, I'm considering visiting VN at least one more time before filing the K-1. Any thoughts, comments or suggestions will be greatly appreciated!

I was introduced to Diem by her sister Thi and we began talking over the phone in Nov 2008.

TET 2009 - I decided to go to VN to meet Diem..Thi and her boyfriend John joined me in VN. I am Vietnamese and speak English and Vietnamese fluently..Diem has been studying English, but we currently communicate exclusively in Vietnamese. I proposed to Diem while in VN and we ended up having a small (50 people) engagement party before I returned to US.

July 2009 - Spent 7 weeks with Diem traveling Vietnam and introduced her to a few of my family members still living in Vietnam.

Weaknesses

- Calling card used from Nov 2008 to TET did not have retrievable call records

- Did not retain any hotel receipts while on first trip

- Currently unemployed, but have some promising prospects and should be employed very soon

- Had engagement party on first visit to Vietnam

- Was introduced by her sister

Strengths

- Income is stable over past few years despite current unemployment

- Have call records on Skype, SavingCall Calling Card and Yahoo Messenger

- took many pictures while in VN

- Have all hotel receipts for 2nd trip in July 2009

My questions are:

Do any weaknesses stand out and are a cause for concern?

Are my 2 visits to VN sufficient for K-1 Visa?

Are there any other steps that should be taken prior to filing for K-1 Visa?

I'm very anxious to get the paperwork submitted, but I just hope to be able to avoid the dreaded Additional Processing.

Thank you in advance for reading my story!

Long

You arranged the weakness on the wrong order, I re-arrange according to important level:

1- Was introduced by her sister.

2- Had engagement party on first visit to Vietnam

3- Currently unemployed, but have some promising prospects and should be employed very soon

Those three issues are enough for you to get blue or white sheet on the first time of interview. Your evidence will not be believed due to those reasons.

You should ask for help from lawyer for your case from beginning.

Edited November 5, 2009 by Hien

[toddandhien 2]

Hello all! My name is Long and I, like many of you, have fallen for a special lady that resides in VN. Her name is Diem and I can't wait to spend the rest of my life with her! I was preparing to submit the I-129F for the K-1 Fiance Visa, but after finding this forum and realizing that many cases are often delayed, I'm considering visiting VN at least one more time before filing the K-1. Any thoughts, comments or suggestions will be greatly appreciated!

I was introduced to Diem by her sister Thi and we began talking over the phone in Nov 2008.

TET 2009 - I decided to go to VN to meet Diem..Thi and her boyfriend John joined me in VN. I am Vietnamese and speak English and Vietnamese fluently..Diem has been studying English, but we currently communicate exclusively in Vietnamese. I proposed to Diem while in VN and we ended up having a small (50 people) engagement party before I returned to US.

July 2009 - Spent 7 weeks with Diem traveling Vietnam and introduced her to a few of my family members still living in Vietnam.

Weaknesses

- Calling card used from Nov 2008 to TET did not have retrievable call records

- Did not retain any hotel receipts while on first trip

- Currently unemployed, but have some promising prospects and should be employed very soon

- Had engagement party on first visit to Vietnam

- Was introduced by her sister

Strengths

- Income is stable over past few years despite current unemployment

- Have call records on Skype, SavingCall Calling Card and Yahoo Messenger

- took many pictures while in VN

- Have all hotel receipts for 2nd trip in July 2009

My questions are:

Do any weaknesses stand out and are a cause for concern?

Are my 2 visits to VN sufficient for K-1 Visa?

Are there any other steps that should be taken prior to filing for K-1 Visa?

I'm very anxious to get the paperwork submitted, but I just hope to be able to avoid the dreaded Additional Processing.

Thank you in advance for reading my story!

Long

You arranged the weakness on the wrong order, I re-arrange according to important level:

1- Was introduced by her sister.

2- Had engagement party on first visit to Vietnam

3- Currently unemployed, but have some promising prospects and should be employed very soon

Those three issues are enough for you to get blue or white sheet on the first time of interview. Your evidence will not be believed due to those reasons.

You should ask for help from lawyer for your case from beginning.

Disagree. The first two are things that neither he nor a lawyer can change. The third one HAS to be changed or he cannot get a visa approved. The key is in preparing this case from the beginning, starting with the filing of the petition. If his case is well-prepared and credible and he addresses those two red flags properly, he may get blue-slipped or AP'd but he will prevail.

[David-Hien 11]

Hello all! My name is Long and I, like many of you, have fallen for a special lady that resides in VN. Her name is Diem and I can't wait to spend the rest of my life with her! I was preparing to submit the I-129F for the K-1 Fiance Visa, but after finding this forum and realizing that many cases are often delayed, I'm considering visiting VN at least one more time before filing the K-1. Any thoughts, comments or suggestions will be greatly appreciated!

I was introduced to Diem by her sister Thi and we began talking over the phone in Nov 2008.

TET 2009 - I decided to go to VN to meet Diem..Thi and her boyfriend John joined me in VN. I am Vietnamese and speak English and Vietnamese fluently..Diem has been studying English, but we currently communicate exclusively in Vietnamese. I proposed to Diem while in VN and we ended up having a small (50 people) engagement party before I returned to US.

July 2009 - Spent 7 weeks with Diem traveling Vietnam and introduced her to a few of my family members still living in Vietnam.

Weaknesses

- Calling card used from Nov 2008 to TET did not have retrievable call records

- Did not retain any hotel receipts while on first trip

- Currently unemployed, but have some promising prospects and should be employed very soon

- Had engagement party on first visit to Vietnam

- Was introduced by her sister

Strengths

- Income is stable over past few years despite current unemployment

- Have call records on Skype, SavingCall Calling Card and Yahoo Messenger

- took many pictures while in VN

- Have all hotel receipts for 2nd trip in July 2009

My questions are:

Do any weaknesses stand out and are a cause for concern?

Are my 2 visits to VN sufficient for K-1 Visa?

Are there any other steps that should be taken prior to filing for K-1 Visa?

I'm very anxious to get the paperwork submitted, but I just hope to be able to avoid the dreaded Additional Processing.

Thank you in advance for reading my story!

Long

You arranged the weakness on the wrong order, I re-arrange according to important level:

1- Was introduced by her sister.

2- Had engagement party on first visit to Vietnam

3- Currently unemployed, but have some promising prospects and should be employed very soon

Those three issues are enough for you to get blue or white sheet on the first time of interview. Your evidence will not be believed due to those reasons.

You should ask for help from lawyer for your case from beginning.

Disagree. The first two are things that neither he nor a lawyer can change. The third one HAS to be changed or he cannot get a visa approved. The key is in preparing this case from the beginning, starting with the filing of the petition. If his case is well-prepared and credible and he addresses those two red flags properly, he may get blue-slipped or AP'd but he will prevail.

He can change the first and the second a little bit. If he has advice from lawyer, he would have idea how to do. That's why I said he should ask for help from lawyer, may be he just needs one to two hours to have general ideas to make his case better. He can ask the lowyer how to change the first and the second ones.

The third, he can change completly.

Edited November 5, 2009 by Hien

[toddandhien 2]

Hello all! My name is Long and I, like many of you, have fallen for a special lady that resides in VN. Her name is Diem and I can't wait to spend the rest of my life with her! I was preparing to submit the I-129F for the K-1 Fiance Visa, but after finding this forum and realizing that many cases are often delayed, I'm considering visiting VN at least one more time before filing the K-1. Any thoughts, comments or suggestions will be greatly appreciated!

I was introduced to Diem by her sister Thi and we began talking over the phone in Nov 2008.

TET 2009 - I decided to go to VN to meet Diem..Thi and her boyfriend John joined me in VN. I am Vietnamese and speak English and Vietnamese fluently..Diem has been studying English, but we currently communicate exclusively in Vietnamese. I proposed to Diem while in VN and we ended up having a small (50 people) engagement party before I returned to US.

July 2009 - Spent 7 weeks with Diem traveling Vietnam and introduced her to a few of my family members still living in Vietnam.

Weaknesses

- Calling card used from Nov 2008 to TET did not have retrievable call records

- Did not retain any hotel receipts while on first trip

- Currently unemployed, but have some promising prospects and should be employed very soon

- Had engagement party on first visit to Vietnam

- Was introduced by her sister

Strengths

- Income is stable over past few years despite current unemployment

- Have call records on Skype, SavingCall Calling Card and Yahoo Messenger

- took many pictures while in VN

- Have all hotel receipts for 2nd trip in July 2009

My questions are:

Do any weaknesses stand out and are a cause for concern?

Are my 2 visits to VN sufficient for K-1 Visa?

Are there any other steps that should be taken prior to filing for K-1 Visa?

I'm very anxious to get the paperwork submitted, but I just hope to be able to avoid the dreaded Additional Processing.

Thank you in advance for reading my story!

Long

You arranged the weakness on the wrong order, I re-arrange according to important level:

1- Was introduced by her sister.

2- Had engagement party on first visit to Vietnam

3- Currently unemployed, but have some promising prospects and should be employed very soon

Those three issues are enough for you to get blue or white sheet on the first time of interview. Your evidence will not be believed due to those reasons.

You should ask for help from lawyer for your case from beginning.

Disagree. The first two are things that neither he nor a lawyer can change. The third one HAS to be changed or he cannot get a visa approved. The key is in preparing this case from the beginning, starting with the filing of the petition. If his case is well-prepared and credible and he addresses those two red flags properly, he may get blue-slipped or AP'd but he will prevail.

He can change the first and the second a little bit. If he has advice from lawyer, he would have idea how to do. That's why I said he should ask for help from lawyer, may be he just needs one to two hours to have general ideas to make his case better. He can ask the lowyer how to change the first and the second ones.

The third, he can change completly.

Well, the problem is that he has now posted his name, his fiancee's name and his case history on a public forum. Not sure how you can change the FACTS that he has presented here. I think he has to address them, not change them. A lawyer could offer advice on how to address them but I would not recommend that he try to change them now.