questions due to k1 anxiety

[militarygf 0]

Hi, I’m a Filipina with a naturalized fiance in the US military. I’ve been lurking around the forums for a time, and thought that it was time for me to come out from the dark! The site has been a great help in filing our I-129F, which he mailed yesterday!

Although I am quite confident with the legalities of our plans – we have been in the relationship for 8 odd years, half of which is long distance – my tummy keeps churning from anxiety that we will get an RFE for something very mundane. I won’t have anyone to blame but myself, since I prepared the package and mailed everything (which include USCIS forms, affidavits written by us and friends/ family, photos spanning from 2002-2009, emails, letters and cards from 2003 to present, my travel memorabilia from my 6 month stay with him last year, boarding passes, luggage tabs, my US tourist visa, my passport, his bank statements during my stay, his phone bills indicating my magicjack no, and everything else that would prove our long, long-distance love affair ) Perhaps many of you would wonder why I prepared and assembled the package instead of him, when we both knew that he has to file it in US; will be reviewed by immigration officers there, before sending it to Manila...whilst that is the more practical way, his trainings and paperwork load in the military gives him very limited time to work on our petition papers.

I do have some questions that may help me ease my worries; any input will be highly appreciated.

1. We used black pen to sign the USCIS forms, their respective attachments and our individual affidavits. A day before he was to mail the package, I read from the forum that some couples had gotten a RFE for mistaking their original signatures as photocopies, thus we inserted on our cover letter a paragraph which states that all signatures made by petitioner and beneficiary are originals signed with a black pen ink. Was this a good idea?

2. Evidences that are with him (my letters/ cards, pics of us and family while he was still living in PI, friends’ affidavits, his divorce decree, and his naturalization card were scanned and sent thru email, which I printed out and photo-copied . Since he is not much a techie, he mistakenly enlarged some documents. Reading the photocopy certification, I am worried that USCIS might think that they might have been edited?

3. Fiance obtained his green card in 2000, but migrated for good in 2006. We were 4 yrs in the relationship already by then. He had not come for a vacation since then but he gifted me with round-trip tickets last year, where in we spent 6 glorious months together living as a normal couple. Though my US visa is still valid, going back for a short vacation or having a rendezvous elsewhere is out of the question, for practicality reasons and, him being new in the military might not have earned him months long vacation yet. Would it be to our disadvantage that we only got to spend time together once since he left, given the length of time of our relationship?

4. He has a 17-yr old daughter from his previous marriage whom he supports. Military members who do not have half or full custody of their kids are given a differential instead of the full housing allowance. In his case, he is free to spend time with his daughter anytime, at any length. Will he qualify as a household with 1 or 2 dependents, should his daughter opt to stay with her mom or live independently? Based on the timelines I’ve observed, she should almost be 18 by the time I reach US.

5. Would my old passport bearing stamps and visas of my previous travels benefit my chances in obtaining the k1 visa? I do remember that the consul who interviewed me for my tourist visa beamed happily when he saw my Schengen and Japan tourist visas.

6. Are military members given more consideration for technicalities and expedited process s?

My apologies for the length of my post. I have just been very anxious for the day that we can kiss our happily ever after. We’ve waited for more than 8 yrs for that day.

Edit - I forgot to add that he used UPS in mailing the package, since some of his mailed cards for me using regular mail never reached my doorstep. Will it then be forwarded to Dallas lockbox and delivery may take longer than average using regular mail?

Edited November 30, 2010 by militarygf

[crystal01 29]

Your documents and application seems pretty solid to me. You shouldn't have any worries. :-)

My fiance is also from the military and I helped prepare the package as well. What you submitted should be more than enough proof of your ongoing relationship ( though this is really more needed later at the interview part)

The only requirement on the meeting each other part is that it should be within two years, it doesnt matter where. Since you were with him last year in the US, then you are covered.

The military expedite is normally only given to military members who are/ will be deployed or if you have other compelling reasons. There should be a lot of topics here in VJ covering that one. When you have time you can also search for the post "expedite tips" here in VJ. Another military guy on this site told me that there is a *possibility* that your application may be put in front of the monthly pile as courtesy to them but other than that it is processed like the rest.

The dedicated military helpline in USCIS should be helpful if the need arise.

Goodluck on your journey and have lots of patience -- which Im pretty sure you already have given your 8 yr relationship

Edited November 30, 2010 by crystal01

[militarygf 0]

Your documents and application seems pretty solid to me. You shouldn't have any worries. :-)

My fiance is also from the military and I helped prepare the package as well. What you submitted should be more than enough proof of your ongoing relationship ( though this is really more needed later at the interview part)

The only requirement on the meeting each other part is that it should be within two years, it doesnt matter where. Since you were with him last year in the US, then you are covered.

The military expedite is normally only given to military members who are/ will be deployed or if you have other compelling reasons. There should be a lot of topics here in VJ covering that one. When you have time you can also search for the post "expedite tips" here in VJ. Another military guy on this site told me that there is a *possibility* that your application may be put in front of the monthly pile as courtesy to them but other than that it is processed like the rest.

The dedicated military helpline in USCIS should be helpful if the need arise.

Goodluck on your journey and have lots of patience -- which Im pretty sure you already have given your 8 yr relationship

Hello Crystal, thank you for the encouraging words. I understood that some of the documents we submitted were more for the interview; being the OC that I am though, I was able to convince him that we might as well cover all grounds, to avoid further delays. I tried to organize the package as neatly as possible for the benefit of my fiance who had to review it, and the USCIS officers. Our package was divided to 6 major divisions - with individual subsets. Having a fiance in the military yourself, you would understand that they sometimes go on operations and field trainings for weeks.

Reading the other posts made me worried; many couples seem to make multiple trips to spend time whilst the petition is ongoing. Im afraid we dont' have the same luxury, and I wondered if this may be taken against us. I know for certain that the next time I will be with my beau is the day I step back in US with my K1 visa on hand, not before, and with just my tourist visa. unless of course, one of us hits the lotto jackpot which brought me to the question of the number of dependents or poverty guideline. Military members do not make a lot, and I was afraid that his income may not meet a household of 3, if we would include his 17 year old daughter, whom he sends support for. I am not familiar with immigration and family laws of US, but does a monthly support for a minor count as a household dependent? Basing from the timeline of the majority of the members here who did not get any RFEs, his daughter will just be a few months away from turning 18 by the time our case is all set.I'm asking this question in advanced so we may prepare for a co-sponsor should there be a need, given his situation.

I will definitely look at the expedite process posts; but if getting deployed is USCIS's gauging measure, I'd rather wait and do the regular process.

thanks again Crystal, and good luck on your journey as well!

I hope to gather more information and answers on my other questions

[JimVaPhuong 4,863]

1. We also used a black pen for many of the documents. I think it's only a problem if it isn't obvious that the signature is original. Unless you used a felt tip pen, you can usually view the signature from a slight angle and see that the ink is different from the printed document.

2. I actually reduced many of the documents I sent with the petition. I scanned them, and then reduced the images to fit within the borders of an MS Word document, along with a title and caption. I also reduced the copies of my passport pages by more than 1/3 so that I could fit multiple pages on the same 8.5x11 inch page. It wasn't a problem.

3. USCIS doesn't care how many times he's been to your country, or even if he's ever been there. They care that you've physically been together within the past two years, and that you can prove it. The consulate also doesn't care how many times he's been to your country, but they do care how much time you've spent together. Six months in the US is as good as six months in the PI. You should be fine.

4. If he is ordered to pay child support (which I imagine he probably is) then his daughter will be included in his household size. It has nothing to do with who has custody, full or shared. It has to do with financial support. I listed my mother and adult daughter, even though I'm not legally required to support either of them. The fact is that they do live with me, and I do support them. The I-134 asks you to list anyone you provide support for.

5. Yes, especially having a B2 visa that's still current. They know you could have married on your previous trip and adjusted status, but you opted to get the appropriate visa to marry and immigrate.

6. Military are not given more consideration than anyone else, but they may be able to get expedited processing if they are being deployed soon. Otherwise, no - they're treated just like everyone else.

[pushbrk 12,894]

4. If he is ordered to pay child support (which I imagine he probably is) then his daughter will be included in his household size. It has nothing to do with who has custody, full or shared. It has to do with financial support. I listed my mother and adult daughter, even though I'm not legally required to support either of them. The fact is that they do live with me, and I do support them. The I-134 asks you to list anyone you provide support for.

Actually, you count all children under 21 regardless of support or living arrangements. The I-134 itself is not at all clear on this but the I-864 is. Any K1 petitioner who marries their foreign fiancee is eventually going to execute an I-864.

Picture the consular officer asking, "How many children does he have?"

"Three". "Ages?" "16, 18 and 20." Looks at the I-134 and asks, "Why are they not listed on the I-134." I assure you that no matter what the answer is the consular officer will consider all children under 21 in THEIR household size calculation when evaluating the public charge issue.

Edited November 30, 2010 by pushbrk

[knt 4]

I'm new to this group too...Filed my 129-F form at the end of October. I know I have some time before the NOA2 comes and a packet gets sent, but I just wanted to make sure that the packet either comes to me or is sent via email? My fiance is now living in a rural village in West Africa and there is no post office or real address. So i put down his technical address but that doesn't mean that mail will actually make it to him. I wanted to know now, so that if we need to, he can open a post office box in the nearest city?

[TracyTN 237]

The information from the consulate will be sent to your fiance via the address you listed for him on the I 129f. Sure he can open a post office box, but you'll still have to find a way to let the consulate know to use that address instead. The only possible way to do that is wait until the petition is approved and is at the NVC where it will receive a consulate specific case number. Then contact the consulate with that case number and the updated address. May not work but it's probably the best shot you'll have.

Edited November 30, 2010 by TracyTN

[militarygf 0]

1. We also used a black pen for many of the documents. I think it's only a problem if it isn't obvious that the signature is original. Unless you used a felt tip pen, you can usually view the signature from a slight angle and see that the ink is different from the printed document.2. I actually reduced many of the documents I sent with the petition. I scanned them, and then reduced the images to fit within the borders of an MS Word document, along with a title and caption. I also reduced the copies of my passport pages by more than 1/3 so that I could fit multiple pages on the same 8.5x11 inch page. It wasn't a problem.3. USCIS doesn't care how many times he's been to your country, or even if he's ever been there. They care that you've physically been together within the past two years, and that you can prove it. The consulate also doesn't care how many times he's been to your country, but they do care how much time you've spent together. Six months in the US is as good as six months in the PI. You should be fine.4. If he is ordered to pay child support (which I imagine he probably is) then his daughter will be included in his household size. It has nothing to do with who has custody, full or shared. It has to do with financial support. I listed my mother and adult daughter, even though I'm not legally required to support either of them. The fact is that they do live with me, and I do support them. The I-134 asks you to list anyone you provide support for.5. Yes, especially having a B2 visa that's still current. They know you could have married on your previous trip and adjusted status, but you opted to get the appropriate visa to marry and immigrate.6. Military are not given more consideration than anyone else, but they may be able to get expedited processing if they are being deployed soon. Otherwise, no - they're treated just like everyone else.

Actually, you count all children under 21 regardless of support or living arrangements. The I-134 itself is not at all clear on this but the I-864 is. Any K1 petitioner who marries their foreign fiancee is eventually going to execute an I-864.Picture the consular officer asking, "How many children does he have?" "Three". "Ages?" "16, 18 and 20." Looks at the I-134 and asks, "Why are they not listed on the I-134." I assure you that no matter what the answer is the consular officer will consider all children under 21 in THEIR household size calculation when evaluating the public charge issue.

[Tahoma 2,292]

Hi militarygf...and welcome to VJ.

I don't have anything to add because you already received very good feedback from the other posters. I just wanted to wish you a smooth and speedy visa journey.

Mabuhay ang Pinay!

[militarygf 0]

I wonder where my reply to the above post had gone? Im still feeling my way around the forum, my apologies if what i wrote got lost somewhere.

I was surprised that the legal age of dependence for children is 21, I honestly thought it was 18, since I've met several kids who have left home even before theri 18th bday. Thank you for clarifying this. Fiance does not actually have legal orders for his child support; it was more of a mutual agreement between him and the ex. He is receiving a differential or an allowance as part of his military benefits for the child support, in lieu of the housing allowance that married soldiers and/ or military members with full or partial dependents. He will be given the same benefit when we make our vows. Pls correct me if I am wrong here, but this housing allowance can be counted as a part of his income then? Can we include this perhaps as a supplementary page when he files for the affidavit of support, even if he will only start receiving it once we become a legal couple? a "potential income" if one can put it that way?

Hello Tahoma! thank you for the warm welcome

Indeed, mabuhay ang Pinay!

[pushbrk 12,894]

I wonder where my reply to the above post had gone? Im still feeling my way around the forum, my apologies if what i wrote got lost somewhere.

I was surprised that the legal age of dependence for children is 21, I honestly thought it was 18, since I've met several kids who have left home even before theri 18th bday. Thank you for clarifying this. Fiance does not actually have legal orders for his child support; it was more of a mutual agreement between him and the ex. He is receiving a differential or an allowance as part of his military benefits for the child support, in lieu of the housing allowance that married soldiers and/ or military members with full or partial dependents. He will be given the same benefit when we make our vows. Pls correct me if I am wrong here, but this housing allowance can be counted as a part of his income then? Can we include this perhaps as a supplementary page when he files for the affidavit of support, even if he will only start receiving it once we become a legal couple? a "potential income" if one can put it that way?

Hello Tahoma! thank you for the warm welcome

Indeed, mabuhay ang Pinay!

Income questions are asked in the present tense, not the future tense. He could include a letter explaining what would happen in the future though and it might be considered.

[militarygf 0]

I'm new to this group too...Filed my 129-F form at the end of October. I know I have some time before the NOA2 comes and a packet gets sent, but I just wanted to make sure that the packet either comes to me or is sent via email? My fiance is now living in a rural village in West Africa and there is no post office or real address. So i put down his technical address but that doesn't mean that mail will actually make it to him. I wanted to know now, so that if we need to, he can open a post office box in the nearest city?

hi knw, we newbies do get so nervous, don't we? my situation is a bit similar with what you posted, but only in reverse. My fiance currently lives in single quarters/ barracks and packages or mails are received by the reception before getting distributed to mailboxes of the soldiers. I listed his full address with the mailbox on the forms. For the question where I would live in US, he could not place the same address, so he made arrangements with a comrandre and his family for home sharing until we are able to find a place of our own. We added that note in the attachment page and his affidavit of intent to marry within 90 days.

Good luck on your visa journey!

[militarygf 0]

Income questions are asked in the present tense, not the future tense. He could include a letter explaining what would happen in the future though and it might be considered.

That will be great! I can perhaps ask him to support his letter with official memos or articles from the Family Welfare Department of his installation regarding the above mentioned benefit. Thank you so much for the advice.

[-teRe- 9]

I wonder where my reply to the above post had gone? Im still feeling my way around the forum, my apologies if what i wrote got lost somewhere.

I was surprised that the legal age of dependence for children is 21, I honestly thought it was 18, since I've met several kids who have left home even before theri 18th bday. Thank you for clarifying this. Fiance does not actually have legal orders for his child support; it was more of a mutual agreement between him and the ex. He is receiving a differential or an allowance as part of his military benefits for the child support, in lieu of the housing allowance that married soldiers and/ or military members with full or partial dependents. He will be given the same benefit when we make our vows. Pls correct me if I am wrong here, but this housing allowance can be counted as a part of his income then? Can we include this perhaps as a supplementary page when he files for the affidavit of support, even if he will only start receiving it once we become a legal couple? a "potential income" if one can put it that way?

Hello Tahoma! thank you for the warm welcome

Indeed, mabuhay ang Pinay!

Hi! I'm a military gf too, but sad to say the uscis doesn't care for an expedited process if our fiance are in the military, I have been waiting for my NOA2 for ages now, it'll hit the 5 month mark this Dec.17, no good news from the CSC still. Guess i'm just so unlucky my service center is them.

Edited December 3, 2010 by -teReZee-