Fiance Visa

[WheretoBegin 0]

Hi, thanks for the site. I was getting overwhelmed by all the information out on the web and this site has been helpful in calming things down.

I have 3 questions:

1. I have not yet met my fiance, we met through a friend (its her cousin and the friend lives in America). I do plan on going to visit her this summer (May 2012). On the application, will it be an issue if we haven't met but plan to this summer?

2. I am a full-time student, eligible for financial aid, will this be an issue for me or for her in the interview process?

3. the fee is $340, is that correct?, If I submit the application with a fee waiver form/financial hardship (not sure the name) will that negatively impact my chances of getting approved?

Some other information that may or may not be helpful, her mom is currently in the United States and she (my fiance) has applied for an immigration visa in her native country (Vietnam). She did this before we met.

Thanks for all your help in swimming the sea of red tape.

[cdneh 3,112]

You must have met before you file. It's a requirement.

[El Cachalote 12]

You should not file anything, or begin anything until you have met the person. It will set off flags at USCIS/ DHS!!! Meet first, have the patience to file after meeting. Seriously!

Best of Luck.

Edited December 29, 2011 by El Cachalote

[cdneh 3,112]

You should not file anything, or begin anything until you have met the person. It will set off flags at USCIS/ DHS!!! Meet first, have the patience to file after meeting. Seriously!

Best of Luck.

It won't just set off red flags, it won't be allowed. They will take your money, but you will be denied if you have not met.

[Inky 1,110]

You have to meet before filing it.You cannot file a K-1 petition unless you have met in person, it is a requirement of the petition.

You also have to prove you can support her at 125% of the poverty guidelines - if you do not meet this then you will need to find someone to co-sponsor.

If you cant afford the forms you should not petition her. The process will be thousands of dollars not just $340 but also another $350 at the interview + the medical, plus air fair, plus $1070 to file for the green card.

[cdneh 3,112]

Please have a look at the K1 guides. It's an expensive proposition, and it's ongoing.

[baron555 934]

Hi, thanks for the site. I was getting overwhelmed by all the information out on the web and this site has been helpful in calming things down.

I have 3 questions:

1. I have not yet met my fiance, we met through a friend (its her cousin and the friend lives in America). I do plan on going to visit her this summer (May 2012). On the application, will it be an issue if we haven't met but plan to this summer?

Yes, you must have met in person within 2 years PRIOR to filing the petition. It will be denied if you mail it before you meet and do not include evidences of the meeting.

2. I am a full-time student, eligible for financial aid, will this be an issue for me or for her in the interview process?

No but see comments below for question #3.

3. the fee is $340, is that correct?, If I submit the application with a fee waiver form/financial hardship (not sure the name) will that negatively impact my chances of getting approved?

No, you can not do that. You must be able to prove, later for the interview, that you are capable of financially supporting her and yourself. If you can not then you must obtain a financial cosponsor, any USC can be it. Since a financial sponsor is required, they also can pay for the filing fee.

Some other information that may or may not be helpful, her mom is currently in the United States and she (my fiance) has applied for an immigration visa in her native country (Vietnam). She did this before we met.

This info has no bearing.

Thanks for all your help in swimming the sea of red tape.

[JimVaPhuong 4,863]

1. I have not yet met my fiance, we met through a friend (its her cousin and the friend lives in America). I do plan on going to visit her this summer (May 2012). On the application, will it be an issue if we haven't met but plan to this summer?

As others have already said, your petition will be denied unless you've physically met each other sometime within the two year period before you filed. The only exceptions are if you can prove it that it would violate long standing social or religious customs for you to meet before marrying (this would never be approved for an applicant in Vietnam), or you can prove it's physically impossible for you to meet (e.g., you're in an iron lung machine and she's tried and failed to get a visitor's visa to the US multiple times). You must physically meet before filing an I-129F petition. Since your fiancee is in Vietnam then I strongly suggest you make at least two or three trips and have a proper traditional Dam Hoi engagement ceremony and party before you send the petition. If you send the petition after only one trip, and either have the engagement ceremony on the first trip or don't have the ceremony at all, then you can expect this to be a major issue at her visa interview.

Please read the I-129F form instructions.

2. I am a full-time student, eligible for financial aid, will this be an issue for me or for her in the interview process?

You'll need to submit an affidavit of support that your fiancee will give to the consulate before the visa interview. It must demonstrate you have income of at least 125% of the poverty guidelines for your household size, including the intending immigrant. The consulate in HCMC (Saigon) rarely accepts joint sponsors for K visas, but they occasionally make exceptions.

3. the fee is $340, is that correct?, If I submit the application with a fee waiver form/financial hardship (not sure the name) will that negatively impact my chances of getting approved?

The fee waiver request form is the I-912. Please read the instructions for this form.

http://www.uscis.gov/i-912

Fee waivers are generally not available for any type of petition or application that will require an affidavit of support. The I-129F is not eligible for a fee waiver.

Some other information that may or may not be helpful, her mom is currently in the United States and she (my fiance) has applied for an immigration visa in her native country (Vietnam). She did this before we met.

What exactly are you saying with this? Did someone in her family petition for her? If so, who sent the petition, and when was it sent? Was the petitioner a US citizen? How old is she now and how old was she when the petition was filed?

Applying for a visa means that SHE actually submitted a visa application. For family based immigrant visas this means that the petition has already been approved, the priority date is current (if applicable), and the affidavit of support has already been submitted and accepted. If that's the case then she'll probably get an interview for the immigrant visa before you've even visited her in May. Please give as much detail about this as possible. If she's going to get an immigrant visa soon then there's no point in you filing a petition for her.

[WheretoBegin 0]

Hi original poster here. Thanks to everyone for the quick responses.

I made a mistake on the first question I asked:

<i>1. I have not yet met my fiance, we met through a friend (its her cousin and the friend lives in America). I do plan on going to visit her this summer (May 2012). On the application, will it be an issue if we haven't met but plan to this summer?</i>

I meant to say, would it be an issue if we haven't met again to be engaged face to face, but plan to this summer. We met on my first trip to Vietnam (through her cousin, who is in america now on a student visa) and have been skyping/facebooking since.

The issue I think I might have from reading everything is the income.

Her mom immigrated her and she has many relatives so getting a co-sponsor wouldn't be an issue. I'm a full time student (older non-traditional student), I have my first degree and work history. But as of now, the only income I can show is financial aid.

She has applied for an immigration visa to the U.S. this was before we met. They told her it would be 3 year (down to 2 years now).

Thanks for the help.

[JimVaPhuong 4,863]

Hi original poster here. Thanks to everyone for the quick responses.

I made a mistake on the first question I asked:

<i>1. I have not yet met my fiance, we met through a friend (its her cousin and the friend lives in America). I do plan on going to visit her this summer (May 2012). On the application, will it be an issue if we haven't met but plan to this summer?</i>

I meant to say, would it be an issue if we haven't met again to be engaged face to face, but plan to this summer. We met on my first trip to Vietnam (through her cousin, who is in america now on a student visa) and have been skyping/facebooking since.

The issue I think I might have from reading everything is the income.

Her mom immigrated her and she has many relatives so getting a co-sponsor wouldn't be an issue. I'm a full time student (older non-traditional student), I have my first degree and work history. But as of now, the only income I can show is financial aid.

She has applied for an immigration visa to the U.S. this was before we met. They told her it would be 3 year (down to 2 years now).

Thanks for the help.

All right, brass tacks then...

How many times have you been to Vietnam? How long has it been since your last trip? Are you planning on having a formal Dam Hoi ceremony and party?

As I said, the consulate in HCMC rarely accepts joint sponsors for K visas. If you're going to continue to be a student for the foreseeable future then you should probably go ahead and get married in Vietnam and file for a spousal visa. You'll be able to use a joint sponsor then, and the consulate won't have the discretion to deny it. Be prepared to spend several weeks in Vietnam to complete the marriage. It's somewhat complicated when a foreigner marries a VN national.

[WheretoBegin 0]

sorry to be so confusing, this whole process seems more complicated than it needs to be and I've just started looking into it so I'm still kind of lost.

I've been to Vietnam once and will be returning this summer, I haven't asked her to marry me yet, but I'm sure she will accept. I have not gone through the Dam Hoi ceremony, but it sounds like a good idea if I do this summer.

The issue then seems to be financial support and joint sponsor. Maybe I had best look into bringing a wife back. Is it much more complicated? It seemed getting the finance visa was easier, oddly enough.

thanks again to everyone for your advice and help. It is very much appreciated.

[baron555 934]

You'll need to find a financial sponsor regardless of the visa you petition for.

[GringoD 33]

Hi, thanks for the site. I was getting overwhelmed by all the information out on the web and this site has been helpful in calming things down.

I have 3 questions:

1. I have not yet met my fiance, we met through a friend (its her cousin and the friend lives in America). I do plan on going to visit her this summer (May 2012). On the application, will it be an issue if we haven't met but plan to this summer?

2. I am a full-time student, eligible for financial aid, will this be an issue for me or for her in the interview process?

3. the fee is $340, is that correct?, If I submit the application with a fee waiver form/financial hardship (not sure the name) will that negatively impact my chances of getting approved?

Some other information that may or may not be helpful, her mom is currently in the United States and she (my fiance) has applied for an immigration visa in her native country (Vietnam). She did this before we met.

Thanks for all your help in swimming the sea of red tape.

Wish I could give better news, but it sounds to me like .... THREE STRIKES; YOU'RE OUT!

[WheretoBegin 0]

Wish I could give better news, but it sounds to me like .... THREE STRIKES; YOU'RE OUT!

Why do you seem so happy about it? You find joy in others not being happy?

Sounds like you need to look into your soul and find something that isn't shallow and empty.

DB

[Moomin 292]

Why do you seem so happy about it? You find joy in others not being happy?

Sounds like you need to look into your soul and find something that isn't shallow and empty.

DB

Maybe it was not the best way to write it but it does show a valid point;

1. Waiving the fee when it's a petition for your fiancee where you later have to show you're financially equipped to support your fiancee might not be the best approach. "might" is underestimating.

2. The meeting between the two of you has to have happened before filing the petition. If you have, then that meeting had to take place from the time of filing and up until 2 years ago. Some have been approved only meeting once. But even if a petition is approved based on only meeting once, there's still an interview and it's up to the IO to determine what is satisfying evidence to them.

3. Financial aid for you as a US citizen is ok. Shouldn't have an effect on your petition. That being said, if you don't meet the requirement of being 125% above poverty guidelines then you'll need a co-sponsor, for the interview and later on for the AOS process. You'll still be the primary sponsor, and some embassies won't accept co-sponsors. Look into that as well.

People aren't trying to scare you, they're trying to prepare you. There are no shortcuts or sympathy at USCIS other than you being on top of everything.