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therightlayne

Ready to file Petition?

By therightlayne in K-1 Fiance(e) Visa Process & Procedures

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therightlayne Contributor

therightlayne   0

Posted
Filed: K-1 Visa Country: Peru
 Timeline
Posted (edited)

Hi,

I have been engaged to my fiance in Peru for about 5 months now. The only reason I have not file the petition is because I just recently graduated from college and have not yet found work in those 5 months. I didn't want to send in the petition with a blank spot under employment, I'm sure it would get rejected. Anyway, I have some pretty promising job prospects and expect to start soon and my question is:

Should I send the petition as soon as I start working? or should I wait 6 months or so??

Also I am aware that you must file an affidavit of support showing your ability to support your fiance once married. I'm sure that under my given circumstances I would need a co-signer or something, just because I haven't had a sufficient income due to being in school for the last several years. So my questions about that are:

How does that work with a cosigner? Is that even an option? And when do you file that form? is it with the petition or later on in the process?

Of course I want to send the papers in as soon as possible, but I want to do it right and obviously want them to be approved. Any insight would be greatly appreciated, thanks.

Edited by therightlayne
Gary and Alla Grand Master

Gary and Alla   3,694

Posted
Filed: Citizen (apr) Country: Ukraine
 Timeline
Posted (edited)

You are absolutely wrong about employment. You DO NOT have to be employed to file a petition and USCIS does not care about emplyment for a petition. Read the instructions. At NO PLACE in the instructions does it mention a need for employment for a PETITION to be approved. Do not imagine there is a need that is not stated. There is none.

You should send the petition TODAY.

You can use a co-SPONSOR (not co-signer) if you need it when the time comes. The time will come AT THE INTERVIEW and not before.

Edited by Gary and Alla

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

therightlayne Contributor

therightlayne   0

Posted
Filed: K-1 Visa Country: Peru
 Timeline
  • Author
Posted

That's good to know, however g325a form asks for the name and address of your past and present employers. Why would that be if it doesn't matter at all? What should I put as present employer? None. It just seems risky to me, like they would see that and frown. Then again I know little to nothing about it. What do you think Gary and Alla?

Aztec&Taino Proficient

Aztec&Taino   144

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
Posted

That's good to know, however g325a form asks for the name and address of your past and present employers. Why would that be if it doesn't matter at all? What should I put as present employer? None. It just seems risky to me, like they would see that and frown. Then again I know little to nothing about it. What do you think Gary and Alla?

If you want to wait until you are employed you can do that, go ahead. Yet, people have filed petitions without having employment. Some people have disability as income (not employment), some other people use a co-sponsor. If it just makes you feel better to wait until you have a job you can do that (you have waited five months already!), but not a requirement. Under the employment section you would write NONE.

Best wishes!

August 23, 2010 - I-129 F package sent via USPS priority mail with delivery confirmation.

August 30, 2010 - Per Department of Homeland Security (DHS) e-mail, petition received and routed to California Service Center for processing. Check cashed. I-797C Notice of Action by mail (NOA 1) - Received date 08/25/2010. Notice date 08/27/2010.

After 150 days of imposed anxious patience...

January 24, 2011 - Per USCIS website, petition approved and notice mailed.

January 31, 2011 - Approval receipt notice (NOA 2) received by mail. Called NVC, given Santo Domingo case number, and informed that petition was sent same day to consulate.

Called Visa Specialist at the Department of State every day for a case update. Informed of interview date on February, 16 2011. Informed that packet was mailed to fiance on February, 15 2011.

February 21, 2011 - Fiance has not yet received packet. Called 1-877-804-5402 (Visa Information Center of the United States Embassy) to request a duplicate packet in person pick-up at the US consulate in Santo Domingo. Packet can be picked-up by fiance on 02/28.

March 1, 2011 - Medical exam completed at Consultorios de Visa in Santo Domingo.

March 9, 2011 at 6 AM - Interview, approved!

March 18, 2011 - POE together. JFK and O'Hare airports. Legal wedding: May 16, 2011.

Go confidently in the direction of your dreams. Live the life you have imagined.

-Henry David Thoreau

Gary and Alla Grand Master

Gary and Alla   3,694

Posted
Filed: Citizen (apr) Country: Ukraine
 Timeline
Posted

That's good to know, however g325a form asks for the name and address of your past and present employers. Why would that be if it doesn't matter at all? What should I put as present employer? None. It just seems risky to me, like they would see that and frown. Then again I know little to nothing about it. What do you think Gary and Alla?

the G325a is a historical data form used for many visas and other purposes. It is for collecting information. That is all. The main purpose of the G-325a for a K type visa is to sort out petitioners if their name pops up on a "bad guy" list. He should list his employment for the past 5 years. If he is currently unemployed, so state.

If employment, income, or support was needed for the PETITION it would be necessary to supply an I-134 at the time of the petition. It is not.

In fact, there is absolutely NO requirement that ANYONE have a job at all. Only that you can support your fiancee and assets count. He will prove that up at the time of the interview, not now. For now, answer the questions honestly and send it in.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Gary and Alla Grand Master

Gary and Alla   3,694

Posted
Filed: Citizen (apr) Country: Ukraine
 Timeline
Posted

That's good to know, however g325a form asks for the name and address of your past and present employers. Why would that be if it doesn't matter at all? What should I put as present employer? None. It just seems risky to me, like they would see that and frown. Then again I know little to nothing about it. What do you think Gary and Alla?

To be perfectly clear, they could not possibly care less if he is currently employed for the purposes of the petition and they will not "frown" They DO NOT "frown". If you meet the requirements of the petition, your petition is approved. If you do not meet the requirements, your petition is denied. Employment is NOT a requirement for an approved petition. It makes no difference at all.

USCIS does not issue visas. The requirement to support one's fiancee is a requirement of VISA issuance, NOT petition approval.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Peace.... Proficient

Peace....   281

Posted
Filed: Timeline
Posted

That's good to know, however g325a form asks for the name and address of your past and present employers. Why would that be if it doesn't matter at all? What should I put as present employer? None. It just seems risky to me, like they would see that and frown. Then again I know little to nothing about it. What do you think Gary and Alla?

Hi, Just to tell you, I didn't have a job for the last 12 years and didn't even have 2009 income tax to show at one of the highest fraud consulates (morocco). Gary has helped me through many questions, including a question similar to yours. I only just got a job in September, and my fiance was approved on Oct 5th and all I showed was a letter of employment and one pay stub. So Gary is correct....

 
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