updated K1 guides

[no name 1]

Hey there.

http://www.visajourney.com/forums/index.ph...mp;#entry485541

It was pointed out that here is nothing in the guides about providing ongoing proof at the interview.

It's just in there willy nilly between what to use to file and after your NOA2. That definitely should be updated!

Edited October 3, 2006 by devilette

[meauxna 15]

Write up a sample for review?

[no name 1]

Write up a sample for review?

Smarty pants!

Assembling the I-129F Package: Checklist

Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.):

1. Payment as documented here. Use a personal check so you can track the payment.

2. Cover Letter (see example). Should include a description of what your are petitioning for (I-129F), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.

3. Form I-129F: Petition for Alien Fiance(e) (see example)

4. Declaration of how you met in person in the last two years. This should be a single typed page regarding question 18 of the I-129F. Make sure to sign and date it.

5. Letters (from both the US Citizen and foreign fiance) certifying an intent to marry within 90 days of entering the US on a valid K-1. (see example)

6. Proof of having met in past two years. (click here for examples)

7. G-325A (all four pages) filled out by the US Citizen signed and dated (see example)

8. One passport-type photo (see note) of the US Citizen. Write the full name of the US citizen on the back. Place in a plastic bag and label the bag "Photo of <Insert US Citizen's Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a.

9. G-325A (all four pages) filled out by the foreign fiance(e) signed and dated (see example)

10. One passport-type photo (see note) of the foreign fiance(e). Write the full name of the foreign fiance(e) on the back. Place in a plastic bag and label the bag "Photo of (insert foreign fiance(e) name) ". Attach the bag to a sheet of paper and place behind the corresponding G-325a.

11. Copy of the Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport issued with a validity of at least 5 years or a copy of a naturalization certificate. This is used to establish citizenship.

12. Copy of Divorce Decree(s) or Certificate(s) for the US Citizen and/or foreign fiance(e) if either has been previously married.

13. In regards to Section C Question 2, if applicable provide certified copies of all court and police records showing the charges and dispositions for any specified conviction(s) (in accordance with the IMBRA). See section 9 of the I-129f instructions for more information.

14. Documentary Proof of Having Met in Person in the Past Two Years :

Provide a few of each if possible - for the initial I-129f petition you provide what is needed to prove you've met in the last 2 years - submitting 30 pages of emails would be unnecessary,

1. Copies of all airline boarding passes, train passes, itineraries, hotel receipts, passport stamps (make sure you can read the dates on the stamps), and other documentary evidence that you have met within the last two years. Use things that prove you were together at the same time. Highlight or place post-it notes indicating the dates and locations on the copies to make it easier for the person reviewing your file.

2. Color Photos of you and your fiance(e). Make sure you write your names, date, and location on the back of every photo. Provide two to five photos. If you only have a single copy of the photo, then make a color copy and send that. If it is a digital photo, have it printed at a company such as ofoto.com. You can also make duplicates of photos at your local photo store (Walgreeens, CVS, etc). Place photos in a plastic bag or photo sheet and label the sheet. Note that you will not receive originals of photos back.

3. Copy of engagement ring receipt (this is something that is optional)

4. Copies of phone bills, cell phone bills, emails (edit personal info with a marker), letters (edit personal info also), stamps on the letters (to document the date they were sent), and other written documentary proof. Provide a reasonable amount; two to four of each type. Pick a range of dates up to and including the present.

15. OPTIONAL - a copy of all pages of the beneficiary's passport or birth certificate. If it's not in English it WILL need an English translation. This MAY help with not receiving an RFE.

IMPORTANT!

Make TWO copies of the entire package before you send it in. This includes checks too. You want to have a perfect replica of the package you are sending in. Retain ALL originals. The USCIS has the right to check them by issuing an RFE (Request For Evidence). If you receive an RFE, follow the direction exactly, and make two copies of what you sent back.

What to send to your fiance(e) once the I-129F is approved (Receive NOA2):

1. A copy of the entire I-129f package (that you made when you sent the petition in) and a copy of information that you sent back due to an RFE (if you received one).

2. Send all originals of the documentary proof that you submitted for the I-129F to your fiance(e) for their interview at the embassy.

3. Send an original letter affirming your desire to marry your fiance(e) and your continued support of the K-1 Visa. Sign and date the form. This will be similar to the letter you provided with the I-129F, but dated much closer to the interview (it will have most likely been several months since you submitted your I-129F).

4. I-134 Affidavit of Support form. Ensure it is notarized (by a public notary), with all required supporting evidence. Some consulates may require a different form. Some require an I-864. If yours does, send that instead. You can call or email the consulate to check. Additionally, the consulate will notify your fiance(e) via mail correspondence which they prefer. Begin collecting the required information ahead of time, as it can often take several weeks to collect it all.

5. You will likely need at a minimum (for the above form) two to three of your most recent pay stubs and a signed letter from your employer listing you job title, start date, your salary, and the status (full-time) of your position. Begin collecting these asap after your NOA2 arrives. You will also probably want to include other evidence such as your banking information and other assets as required by the I-134/I-864. Specifically you will need at least 2 of the 4 options mentioned in Section II-Supporting Evidence of the I-134.

6. A copy of the NOA2 that you received in the mail.

7. Proof of your ongoing relationship. This needs to be taken to the interview! Include photos, travel documents, emails, etc from between the time you filed and present (NOA1 date-now).

[meauxna 15]

Review = my own observations from reading. I've never filed an I-129f or sponsored a fiance.

2. Cover Letter (see example). Should include a description of what your are petitioning for (I-129F), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.

Feedback is that cover letters are discarded in the mail room. Perhaps more emphasis should be added that NO important info should be included here and only here. In that case, does signing and dating the cover letter mean much?

12. Copy of Divorce Decree(s) or Certificate(s) for the US Citizen and/or foreign fiance(e) if either has been previously married.

The instructions I've read for my petitions say something like 'proof of termination of all marriages'. This includes death certificates where appropriate (not mentioned here). While I haven't seen an RFE posted for this lately, I haven't been looking either, maybe a note here on it being the *final* divorce decree (Absolute for the UK, etc).

4. Copies of phone bills, cell phone bills, emails (edit personal info with a marker), letters (edit personal info also), stamps on the letters (to document the date they were sent), and other written documentary proof. Provide a reasonable amount; two to four of each type. Pick a range of dates up to and including the present.

I've followed a few of the 'evidence arguments' here, so I have to ask.. how do any of these things prove that you physically met in person within the past 24 months? Should the evidence list be reviewd for this Guide?

4. I-134 Affidavit of Support form. Ensure it is notarized (by a public notary), with all required supporting evidence. Some consulates may require a different form. Some require an I-864. If yours does, send that instead. You can call or email the consulate to check. Additionally, the consulate will notify your fiance(e) via mail correspondence which they prefer. Begin collecting the required information ahead of time, as it can often take several weeks to collect it all.

The correct term is "US Notary Public".

This confusion lingers on. I believe (would like group consensus, please) that there is NO Consulate that requires the I-864 for a K visa. In fact, it's disallowed by law (don't have the relevant citation handy).

5. You will likely need at a minimum (for the above form) two to three of your most recent pay stubs and a signed letter from your employer listing you job title, start date, your salary, and the status (full-time) of your position. Begin collecting these asap after your NOA2 arrives. You will also probably want to include other evidence such as your banking information and other assets as required by the I-134/I-864. Specifically you will need at least 2 of the 4 options mentioned in Section II-Supporting Evidence of the I-134.

It seems to me that many FAQs come out of this section. Can it be made more clear, and include the link to the Public Charge documentation?

"ASAP (As Soon As Possible) is usually all caps.

There's that pesky I-864 again....

Again, all my observations only, no warrenty expressed or implied. Before making any of these changes to the Guide, please get confirmation from some members who have actually done the K-1 process or have the specific links to back up the answers.

[no name 1]

Feedback is that cover letters are discarded in the mail room. Perhaps more emphasis should be added that NO important info should be included here and only here. In that case, does signing and dating the cover letter mean much?

I find even it's helpful to have the cover letter. You can check off all things as you file them.

12. Copy of Divorce Decree(s) or Certificate(s) for the US Citizen and/or foreign fiance(e) if either has been previously married.

The instructions I've read for my petitions say something like 'proof of termination of all marriages'. This includes death certificates where appropriate (not mentioned here). While I haven't seen an RFE posted for this lately, I haven't been looking either, maybe a note here on it being the *final* divorce decree (Absolute for the UK, etc).

can't really say, don't see it much. Just that ALL final decree(s) are needed is about all I know.

4. Provide a reasonable amount; two to four of each type. Copies of phone bills, cell phone bills, emails (edit personal info with a marker), letters (edit personal info also), stamps on the letters (to document the date they were sent), and other written documentary proof. Pick a range of dates up to and including the present.

I've followed a few of the 'evidence arguments' here, so I have to ask.. how do any of these things prove that you physically met in person within the past 24 months? Should the evidence list be reviewd for this Guide?

True. And yes.

I was more concerned with changing how the K1 guide is worded pre and post-NOA2, since there's where most questions come up. The header could even be "What's Needed For the Interview'

Edited October 3, 2006 by devilette

[meauxna 15]

I find even it's helpful to have the cover letter. You can check off all things as you file them.

I totally agree, used them thruout myself. They will not influence a case, however.

can't really say, don't see it much. Just that ALL final decree(s) are needed is about all I know.

Yup, so that language couled be tightened up to include "final"?

I was more concerned with changing how the K1 guide is worded pre and post-NOA2, since there's where most questions come up. The header could even be "What's Needed For the Interview'

And look what a great opportunity to also tidy up the whole Guide! (I *did* say housework, didn't I? )

Maybe a blurb about what happens after NOA2? That's what I see a lot of Qs about---you know, spell out the flowchart.. NVC, Embassy etc including expected timelines and why NVC appears to not yet have the case?

Hey, why are we talking to ourselves in here???

[no name 1]

And look what a great opportunity to also tidy up the whole Guide! (I *did* say housework, didn't I? )

Maybe a blurb about what happens after NOA2? That's what I see a lot of Qs about---you know, spell out the flowchart.. NVC, Embassy etc including expected timelines and why NVC appears to not yet have the case?

Hey, why are we talking to ourselves in here???

who knows, hopefully soemone will come in & look! We DEFINITELY need tweaking to the K1 guides.

[aussiewench 9]

My quick 2 cents.

Agree - mention of the I-864 should be deleted for the reason given by meauxna.

Agree - evidence of having met in person in the required two year period, and any evidence examples of ongoing relationship, should be listed seperately. The way the guide is written it is all jumbled together and causes confusion.

[no name 1]

*bump*

This thread needs to be assessed I think!

[Yodrak 7]

meauxna,

9 FAM 41.81(Fiance(e)s) Notes, N4.b says, "K1 and K3 applicants are subject to INA 212(a)(4) and must demonstrate to the consular officer's satisfaction that they will not become a public charge. The Form I-864, Affidavit of Support Under Section 213 of the Act cannot be required. ....."

I don't know how the DoS makes this interpretation, but it seems clear what their interpretation is.

I don't see all posts to VJ, but I have yet to see a post in which someone reported 'I was required to submit an I-864, I-134 was refused'. I have seen two posters report, 'I was told by the consular section that either affidavit was acceptable, I submitted I-134'.

Yodrak

....

4. I-134 Affidavit of Support form. ..... Some consulates may require a different form. Some require an I-864. If yours does, send that instead. You can call or email the consulate to check. Additionally, the consulate will notify your fiance(e) via mail correspondence which they prefer. Begin collecting the required information ahead of time, as it can often take several weeks to collect it all.

....

This confusion lingers on. I believe (would like group consensus, please) that there is NO Consulate that requires the I-864 for a K visa. In fact, it's disallowed by law (don't have the relevant citation handy).

Edited October 9, 2006 by Yodrak

[Captain Ewok 1,891]

I have updated several areas of the K-1 Guide based on these comments. I have also clarified many sections wording based on feedback as well .

[no name 1]

I have updated several areas of the K-1 Guide based on these comments. I have also clarified many sections wording based on feedback as well .

That's great Cap'n. But as we see yet more RFEs for beneficiary's BC, perhaps you should add this one....?

15. OPTIONAL - a copy of all pages of the beneficiary's passport or birth certificate. If it's not in English it WILL need an English translation. This MAY help with not receiving an RFE.

[Caladan 19]

Perhaps there should be a separate list of 'Good Things To Have On Hand for the Petitioner But Not To Send In the First Place' (come up with a better title). They don't actually ask for the beneficiary's birth certificate, and it's probably not best if the advice on what to send includes much that isn't explicitly asked for.

But if we had a list of common RFE items (not mistakes, but extras), then people would know to have them on hand so that if they received an RFE, they could return it the next day. RFEs seem to be mostly for mistakes or omissions, though, other than this weird BC anomaly.

[aussiewench 9]

Adding the words 'that established the relationship' as this is common term used in an RFE.

4. Declaration of how you met in person in the last two years that established the relationship. This should be a single typed page regarding question 18 of the I-129F. Make sure to sign and date it.

In the early days of my being a member on VJ I was an avid supporter of only submitting what was requested in the instructions. However after being here so long and reading posts as well as researching, I now believe that the BC of the beneficiary should be included in the K-1 guide as optional. I believe eg that if one does get a name hit etc that having sent the BC may very well help clear up the name hit a lot quicker and will result in no RFE being issued for such. A copy of my BC was submitted with the I-130 even though it wasn't a requirement. It sure doesn't hurt to submit the beneficiary BC but it can delay things when one receives an RFE for same. Just my 2 cents on this issue.

Edited October 10, 2006 by aussiewench

[no name 1]

Adding the words 'that established the relationship' as this is common term used in an RFE.

4. Declaration of how you met in person in the last two years that established the relationship. This should be a single typed page regarding question 18 of the I-129F. Make sure to sign and date it.

In the early days of my being a member on VJ I was an avid supporter of only submitting what was requested in the instructions. However after being here so long and reading posts as well as researching, I now believe that the BC of the beneficiary should be included in the K-1 guide as optional. I believe eg that if one does get a name hit etc that having sent the BC may very well help clear up the name hit a lot quicker and will result in no RFE being issued for such. A copy of my BC was submitted with the I-130 even though it wasn't a requirement. It sure doesn't hurt to submit the beneficiary BC but it can delay things when one receives an RFE for same. Just my 2 cents on this issue.

I completely agree. As proof of meeting (& vacation together) I sent a copy of my fiance's entire passport. I can only think it helped in light of recent RFEs all seeming to be for a beneficiary's BC or more proof of meeting.