Is there any way to be in USA while filing?

[John&Lena 17]

Hey y'all.

Is there any way possible for me to be with my fiance in the USA while filing?

What is possible? What to file for?

[Operator 1,927]

Visit under VWP.

Edit,

You're timeline says your interview was today, what's up?

Edited October 10, 2013 by Operator

[ChicagoSarah 127]

It looks like you're just waiting for your K1 interview now? You're at the end of the K1 process!

Assuming you stay with the K1 (which it seems like is near completion), I believe your interview will have to take place in Belgium. If all goes well, you'll be granted a visa and can them come to the states, get married, and apply for AOS as planned.

For K1, I don't believe there is any way to have your interview in the States....otherwise everyone would do it that way!

[Dave&Roza 748]

Hey y'all.

Is there any way possible for me to be with my fiance in the USA while filing?

What is possible? What to file for?

You can try for a tourist visa or use the VWP. The tourist visa does have the advantage that you do not waste money on airfare only to be turned away at the US border. Just keep in mind that all foreign travellers are suspected of having immigration intent and filing for a K-1 visa makes it harder to prove that you do not want to stay in the US. Some have had no problems visiting while a K-1 or CR-1/IR-1 application is being processed and others have a hard time. Being from an EU country will help.

Have a read of this thread.

Good luck,

Dave

[John&Lena 17]

Visit under VWP.

Edit,

You're timeline says your interview was today, what's up?

Well, I just got back from my interview.

All the lady said was "sooooo, tell me about your fiance.. oh wait, the affidavit isn't good enough. Hmm.. it's a bit low. Well, I got a meeting in 8 mins, so I have to go. We'll call you somewhere next week to see what we'll do with you."

Numbers don't change overnight, I'm pretty sure that's a denial coming up..

[Operator 1,927]

Well, I just got back from my interview.

All the lady said was "sooooo, tell me about your fiance.. oh wait, the affidavit isn't good enough. Hmm.. it's a bit low. Well, I got a meeting in 8 mins, so I have to go. We'll call you somewhere next week to see what we'll do with you."

Numbers don't change overnight, I'm pretty sure that's a denial coming up..

As pi$$ed as you might be right now don't go running off before you get this sorted.

[John&Lena 17]

As pi$$ed as you might be right now don't go running off before you get this sorted.

Then what do you suggest I do?

[Operator 1,927]

I suggest that you wait until next week for that phone call and in the meantime try to figure out how to overcome the issue. Heading to the US is only going to make it more difficult to sort out.

Were you given any documentation, or told to do anything?

You were told the "affidavit isn't good enough". What do you think that means? Not the proper evidence of income or not enough income for the household?

[John&Lena 17]

My original question was meant for after this, if there is a denial.

And that's really all that lady told, that it's not good enough. She gave me a letter that states that I am "suspended from taking further action until the requiements are met" + under that a whole list of things I've never heard about, like 'the subject of your poster or presentation at the conference/seminar', 'SEVIS', 'your seminar schedule' etc, but none of that is checked. She did check 'other' and wrote down in blue ink "under review - income".

I am not sure what that whole letter is about really.

[John&Lena 17]

I looked up SEVIS and it stands for student & echange visitor program. Now the rest of that list makes sense.
But I am not a student, nor am I applying for a student visa.
She knew this, since she was the only one doing k1-visas.

I'm even more confused now..

[Dave&Roza 748]

I looked up SEVIS and it stands for student & echange visitor program. Now the rest of that list makes sense.

But I am not a student, nor am I applying for a student visa.

She knew this, since she was the only one doing k1-visas.

I'm even more confused now..

She checked other on a standard form they use. Then she wrote "under review--income". So my bet is that your petitioner's income does not meet the 125% above the poverty level for the household sized claimed or household size that they think should be claimed. This is not a total deal breaker. There may be several options like the income tax returns used were not complete (use tax transcripts instead). A co-sponsor may be required to meet the income requirements. Why not just wait for them to send you what they will require? You did not get an out right denial so they is hope all they want is a bit more information.

Good luck,

Dave

[Operator 1,927]

Since none of that is checked ignore it. It's a form used for many types of visa applications.

Focus on "Under review - Income"

It seems that John's income is less than what is required for your household, so that needs to be overcome. Perhaps with a co-sponsor? Not sure about the policy in Brussels.

Have you seen this http://www.uscis.gov/files/form/i-864p.pdf

[John&Lena 17]

We do have a co-sponsor, his mother.
The affidavit is a bit lower than what it should be, I am aware of this. But I never got the chance to explain why. Last year the house was flooded & for 90% destroyed by hurricane Isaac, so his mother (who is self-employed) had to take time off to rebuild and there for made less than she normally does. But there are extra savings in two different bank accounts to make up for that, also properties without mortages are listed etc.
So maybe it could've helped I was able to tell her that, but as I said.. I never had the chance. I never had the chance to explain anything at all, or show her any supporting documents. Heck, she didn't even ask anything about my fiance or me at all. She just went straight for the affidavit.

[Dave&Roza 748]

We do have a co-sponsor, his mother.

The affidavit is a bit lower than what it should be, I am aware of this. But I never got the chance to explain why. Last year the house was flooded & for 90% destroyed by hurricane Isaac, so his mother (who is self-employed) had to take time off to rebuild and there for made less than she normally does. But there are extra savings in two different bank accounts to make up for that, also properties without mortages are listed etc.

So maybe it could've helped I was able to tell her that, but as I said.. I never had the chance. I never had the chance to explain anything at all, or show her any supporting documents. Heck, she didn't even ask anything about my fiance or me at all. She just went straight for the affidavit.

That's the way these interviews work. Most IO have made the decision before you walk into theroom based on the evidence you submit. Did his Mother include a letter from teh bank stating the amount of cash on deposit? Did she include an apprasial of the properties? Did she use the tax return or tax transcripts? The amount in these bank accounts is taken at 1/5 their value. Does she have other dependants that would cause her household size to increase? It sounds to me like all you will have to do is properly document her income, savings, and assets and you will be okay. Like I said above, you have not been denied. You should have a chance to show the IO the supporting documents you took to the interview and anything else she requests. At least your file is not on its way back to NVC which takes time and then you would have to appeal which takes even more time just to get to where you will be in a week or two. Relax. Come at this with a clear head.

I wish you well,

Dave

Edited October 10, 2013 by Dave&Roza

[John&Lena 17]

I'm pretty sure she wrote down on the affidavit how much she has in her bank & included used tax returns.

I only saw in the guide that tax returns were needed and that is what I told her, so I had no clue about the other documents that you listed. Do you think she has to send me those too?

And how so back to NVC?