K-1 Visa: Should I bother?

[vaughandw 15]

Meeting my fiance was a bit of an accident, so we didn't exactly have the idea of building a case for a visa application in mind when we were together. We spent less than a full week together, have only 4 or 5 poor-quality cellphone pictures of us, a stamp in my passport (I didn't save airline tickets or boarding passes - didn't think I'd need them!), a butt-load of IM conversations and Facebook emails, and a couple of packages I sent to her from the US. And maybe some phone records. I use G3 service and I don't know if they keep records. We met right after I graduated from college (thanks GI Bill) and had barely worked for three years. I got a job in November, but will not earn anything near 125% of the poverty line until my big raise in May. I guess the Affidavit of Support doesn't need to be sent for about five or six months from the filing of the petition, right?

Sooooo, with this situation, what do you guys think about our chances of actually getting approved? Our plan right now is for me to visit in November and get married in her country, then apply for a CR-1 after that. But if I apply for a K-1 now, I could be making that November trip to bring her home with me! Just not sure if our evidence is good enough, and if I'll have been gainfully employed long enough to get approved.

What think ye?

[magdasal 19]

Based on what you've described, you'll probably want to go ahead and get married and go for a CR-1. Since you'll know then what level of evidence is required. Sounds like it would be tough sledding for a K-1 based on the skimpy evidence you have and not yet meeting the 125% poverty line level. USEM doesn't often allow joint sponsors on K-1's either, so that more or less removes that option.

That was just my 2 cents...I'm sure you'll get other advice.

Best of luck to you both!

[Inky 1,110]

Doesn't matter how long your employed just that you meet the requirements to be the sponsor.

Iv seen people post on VJ that their K-1 petition was approved with no photos or only 1 photo.

I'm sure you have time in 5-6 months to gather more phone records and chats to include at the interview time as well as maybe an extra trip thrown in? (if you can afford that)

[Messybrownhair 251]

I think you have enough evidence as of now to file for k1.. thats just my opinion though.. 5 pictures is enough, and you have the stamp and other chat logs to back you up.. then you will have 5-6 months to build up your case which hopefully will be enough. my advice would be to save your next trip for her interview so that you can be there with her which will solidify your case. if you don't make enough, you could always get a co-sponsor, although it is true that they are not always accepted. goodluck on whichever you decide

[vaughandw 15]

Wow, two different and totally opposite answers! Hahaha, is this the blind leading the blind or what? Thanks though, guys, really.

Wellllll, I will be meeting the poverty guidelines by the time I have to file my Affidavit of Support (I hope, and I'm posting about that in another topic). As for evidence, doesn't that have to be presented in the original I-129? An extra trip before November may be possible, but unlikely.

[Messybrownhair 251]

You need evidence to prove that you had met within two years which could mean pictures, passport stamps etc.. and a letter of intent from each of you declaring your wish to marry.. ^.^ If you feel you have sufficient evidence as of now to prove that you've met within the past two years then I just don't see why you need to wait until November? thats just my opinion though..

[danik713 21]

I say go for the K-1 -- I think it's reasonable for people not to keep ticket stubs and all of the recommended secondary evidence you will read about online. I have been with my fiance for about 4 years, two of which he spent in the US. We aren't much in regards to being picture people so although we have a longer history we lacked in that area too. I visit him about every 6 months since he returned to his home country and my next trip will hopefully be for the interview, or sooner if I can afford to and am too anxious to wait longer

Personally, I think it is a little fishy if you have everything lined up perfectly. To me it shows you know the system a little too well and sounds staged. Be honest, you met randomly - that's completely understandable.

Good luck!

[vaughandw 15]

Thanks for all the replies, folks. I think I might go for it . . . but there is one concern. Anybody know what the consequences are if the K-1 petition gets denied? Can I just try again later with another K-1 or CR-1 after making more trips, gathering more evidence, and making more money?

[graceroxas 17]

I say go for the K-1 -- I think it's reasonable for people not to keep ticket stubs and all of the recommended secondary evidence you will read about online.

Good luck!

I think the airline ticket stubs actually count as primary evidence, along with passport stamps, boarding tickets and receipts from hotels and other local establishments you spent time in. But if you don't have them, that's fine. At the very least, you should have the passport stamps.

Photos, on the other hand, are secondary. I wouldn't worry about them so much for the petition approval (we only sent one and got approved) but they might be more important for the consulate interview, because an objective there is to establish that petitioner and beneficiary have a bonafide, ongoing relationship. Photos can include not only those of the couple together but with the fiancee's relatives and friends.

Grace

[Tim/Mav 305]

Meeting my fiance was a bit of an accident, so we didn't exactly have the idea of building a case for a visa application in mind when we were together. We spent less than a full week together, have only 4 or 5 poor-quality cellphone pictures of us, a stamp in my passport (I didn't save airline tickets or boarding passes - didn't think I'd need them!), a butt-load of IM conversations and Facebook emails, and a couple of packages I sent to her from the US. And maybe some phone records. I use G3 service and I don't know if they keep records. We met right after I graduated from college (thanks GI Bill) and had barely worked for three years. I got a job in November, but will not earn anything near 125% of the poverty line until my big raise in May. I guess the Affidavit of Support doesn't need to be sent for about five or six months from the filing of the petition, right?

Sooooo, with this situation, what do you guys think about our chances of actually getting approved? Our plan right now is for me to visit in November and get married in her country, then apply for a CR-1 after that. But if I apply for a K-1 now, I could be making that November trip to bring her home with me! Just not sure if our evidence is good enough, and if I'll have been gainfully employed long enough to get approved.

What think ye?

Trust me: I wanna help as much as I can but this whole post is confusing me. (maybe other members too) I would like to know;

How long have your conversations gone back in time since you said you saved them? Thats good proof.

Your Passport is evidence you entered the Country and you most likely paid by Check and that is obtainable to retrieve by your Bank with simular dates, 4 or 5 pictures are OK of you together. Phone records are retrievable from your server.

Did you have her fill-out a 325 while you were there and sign it. did you get a copy of her Birth Certificate, did you ask her to sign a letter of intent to marry, did you (not required: buy a ring and keep a reciept)

I agree with Magdasal and Inky on there comments

If this is what you wish to do, then I suggest the CR-1 since you are not prepared. (It's not a walk in the Rose Garden for me either)

If you feel in doubt, then step back and take some time. Wait until November and Marry and in the meantime work on your finacials.

I'm on your side. If you feel you can put this together in a few months, then file a K-1. (financials) GOOD LUCK

[uverseman 5]

Wow, two different and totally opposite answers! Hahaha, is this the blind leading the blind or what? Thanks though, guys, really.

Wellllll, I will be meeting the poverty guidelines by the time I have to file my Affidavit of Support (I hope, and I'm posting about that in another topic). As for evidence, doesn't that have to be presented in the original I-129? An extra trip before November may be possible, but unlikely.

In i-129f you just need sufficient proof of meeting within 2 years and prove both are legally able to marry. The evidence for relationship is presented later as well as support materials. You should be able to get those during the waiting period.

And for the income, heck, I was not working for the last 2 years, just a small pension and I just now gotten a good job starting at end of this month, and I am coming up on 6 1/2 weeks into the k1.

Edited April 15, 2011 by uverseman

[vaughandw 15]

Tim/Mav - Our Yahoo Messenger conversations go back to late August, when I was still in Thailand. I briefly met Cherie in the Philippines before I went to Thailand, then saw her again in the Philippines before I came back to the US. We had been chat friends for three years before that, though we never intended to meet. I have only two emails from that time, a few months before I came to Asia.

I didn't get any documents from her. I could have her mail them to me, but that could be a problem, since I'm an over-the-road trucker right now and only see home once every few months. Now that you mention the need for those docs, I guess I might as well just wait . . .

[Tim/Mav 305]

Tim/Mav - Our Yahoo Messenger conversations go back to late August, when I was still in Thailand. I briefly met Cherie in the Philippines before I went to Thailand, then saw her again in the Philippines before I came back to the US. We had been chat friends for three years before that, though we never intended to meet. I have only two emails from that time, a few months before I came to Asia.

I didn't get any documents from her. I could have her mail them to me, but that could be a problem, since I'm an over-the-road trucker right now and only see home once every few months. Now that you mention the need for those docs, I guess I might as well just wait . . .

The requirement is only that you met in the last 2 years and proof of a relationship. You have pictures. I know Truck Stops have mailboxes. Pre-Address envelopes and send her letters. (She must keep them as proof) If you are a OTR Trucker you are making more than the Requirements is my thought.

[vaughandw 15]

Oh yeah, letters are easy to send. But she doesn't want letters. She wants chocolates.

[Tim/Mav 305]

In i-129f you just need sufficient proof of meeting within 2 years and prove both are legally able to marry. The evidence for relationship is presented later as well as support materials. You should be able to get those during the waiting period.

And for the income, heck, I was not working for the last 2 years, just a small pension and I just now gotten a good job starting at end of this month, and I am coming up on 6 1/2 weeks into the k1.

What David is trying to say here is correct. (to a Point and then changes directions based on each individuals case)

There is No requirement that you know eachother 2 years only that you met and have proof of being together within that 2 years. (most common are Passport and pictures, etc.)

What I mean by change of direction on a individuals case is David has a Small Pension that will always be counted as Income and a reliable source of Income + whatever he chooses to make on top of that as extra. Semi-retired. I'm not retired so no Pension as of yet.

However, David is correct that there is time to gather Paystubs, employment letter, etc during this time of waiting.

Everyone is trying to help I see that. But, David: Your MORE THAN 6 1/2 weeks into the K1. OMG!