Notory

[Phred 5]

I am a USA citizen, and she is from Myanmar. We live in Singapore. We have decided to marry in Singapore. The USA is too much hastle. The USA is in deep financial, and pollitical trouble. Its days are clearly numbered. We have no plan to live there. The USA has one redeeming quaility.... Tourism. We will be obttaining a B2 visa later to visit only.

I am writing a letter. The US embassy wants 30 dollars for a notory. I have to make an appointment, and so on. I can get a Singapore lawyer to notorlize my singnature in munets, and not have to travel across the island to do it.

Is a Singapore notory valid?

Edited December 2, 2013 by Phred

[Pitaya 2,577]

~Moved from K-1 Process to Asia: East and Pacific Regional Forum~

~inquiry is embassy-specific, Not K-1 visa related~

[Jawaree 717]

Myanmar itself is a struggling country, she will

have to qualify for a visitors visa, and there's a

payment, this is whether U R USC or not.yep

appointment is needed & whatever is to be

notorized...good luck bro

[Phred 5]

Sorry, I left out some detail. I had already applied for a K1 visa a month ago. It is tied up for an RFE requesting a new copy of my deviorce decree. They say that my divorce decree is not ledgeable enough. Obtaining a new copy is just more trouble than I am willing to be bothered with.

We both live in Singapore. I need to know if a notory from Singapore is valid to notorize a letter to withdraw the K1.

After we are married, I can show strong ties to Singapore. I am pretty sure a B2 is not that hard to get. We only want to go there for a honeymoon. While I am there I will sell off as many of my assets as I can. I have long lost any interest in even calling myself a USA citizen.

No we never planned to live in the USA anyway. Although we did violate the intent of the K1, there is no law prohibiting us from using the K1 to get married in the USA, have a honeymoon, and then leaving within the 90 day duration of the visa.

Edited December 2, 2013 by Phred

[kitthekat 1,317]

If I understand this correctly - you filed for the I-129F, and received an RFE for your divorce certificate. Now you wish to withdraw your petition to the USCIS via a notarised letter as you have decided to stay in Singapore instead. Sometime in the future, your fiance/wife will be applying for a B2 visa.

If you fail to respond to the RFE within the stated timeframe, the petition will most likely be thrown out. However, if you want to send in the notarised letter so it can be "officially" withdrawn and you can apply for the B2 sooner rather than later, then the lawyer can most certainly notarise your letter for you. The going rate is anywhere between $15 to $100 per page, depending on the "name brand" of the law firm. Best of luck!

[Phred 5]

Yes, you have the gist of what I am asking. I would rather close out the I-129F gracefully. Failure to respond will accomplish the same, but might make it show up on the record as a "denial". If I ask for a withdraw, then the I-129F will be closed out "Clean" so to speak.

Thank you for the info.

I never really planned to live in the USA. The users on some other forums suggested that the I-129F is a good "exploit" to get a tourist visa because of the 95% approval rate. I felt that so long as we did in fact marry in the USA, it did not matter that we returned to Singapore after the wedding. Yes that violates the "intent" of the K1, but not the law. Well, it turns out that the I-129F is far more paperwork and bother than I want to deal with. I also learned that at a later date, the I-129F on our record, but no request for long term residence may look suspicious.

The $455 I paid for the K1, and the cost of the notary to withdraw it hurts a little, but in the long run it is "chum-change". I hate paperwork. I would gladly pay someone else to do it.

Anyway, I promised my love a great vacation and honeymoon in California. I have the funds. I am going to make good on the promise.

The only problem I still have to solve is how to obtain a social security number. When I file my taxes on my foreign income I want to show that I am married so I can have two exemptions. So long as my taxable income is less than $90,000 USD, I am free of US tax liability.

[kitthekat 1,317]

Yes, you have the gist of what I am asking. I would rather close out the I-129F gracefully. Failure to respond will accomplish the same, but might make it show up on the record as a "denial". If I ask for a withdraw, then the I-129F will be closed out "Clean" so to speak.

Thank you for the info.

I never really planned to live in the USA. The users on some other forums suggested that the I-129F is a good "exploit" to get a tourist visa because of the 95% approval rate. I felt that so long as we did in fact marry in the USA, it did not matter that we returned to Singapore after the wedding. Yes that violates the "intent" of the K1, but not the law. Well, it turns out that the I-129F is far more paperwork and bother than I want to deal with. I also learned that at a later date, the I-129F on our record, but no request for long term residence may look suspicious.

The $455 I paid for the K1, and the cost of the notary to withdraw it hurts a little, but in the long run it is "chum-change". I hate paperwork. I would gladly pay someone else to do it.

Anyway, I promised my love a great vacation and honeymoon in California. I have the funds. I am going to make good on the promise.

The only problem I still have to solve is how to obtain a social security number. When I file my taxes on my foreign income I want to show that I am married so I can have two exemptions. So long as my taxable income is less than $90,000 USD, I am free of US tax liability.

My only concern is that if she would not qualify for a B2 visa on her own merit before you applied for the K1, then it is just as unlikely that she would qualify for it after marriage, no? In fact, since she would now be married to a US citizen, wouldn't they see it as even more grounds for possible intent to immigrate? Just my two cents and hopefully someone else more knowledgeable will chime in with more info.

[Phred 5]

Yes, I understand your point. I asked around. The prevailing opinion is so long as I have strong ties to Singapore, and we are married then there is no problem. My strong ties are her strong ties so long as we are married. Unless you know something I do not.

1. We have the following to show:

2. I have a job in Singapore that pays $100K a year.

3. I can get a letter form my employer to attest to that.

4. We have a rented flat in Singapore (granted she is not on the lease, but we can show utility bills in her name to prove that she resides with me.

5. She will have a "dependent pass" that allows her to reside in Singapore.

6. She has employment history in Singapore, but she may not be working for a while after we marry.

7. We have a joint bank account in Singapore. It will have about $40K when we are ready. I can show that the account has been active for over a year, not that money was just dropped in it at the time of visa application.

8. I have sufficient funds in my bank account in the USA to cover a two week vacation.

9. We can also bring up the point that she has a son that is going to school in Myanmar, and he will come live with us after he completes secondary school. Singapore is a lot closer to her son than the USA.

10. I can show past airline tickets that I regularly visit the USA and always come back to Singapore.

11. She can show that she has visited Israel, an Bali and has never violated her visa. Maybe I will take her to Hong Kong, or Thailand over a weekend as well.

12. If they need me to put up a $20K bond as collateral that she will return to the USA with me, I can do that, but I do not think they have a procedure for that in place.

Whadda you think?

[kitthekat 1,317]

I would be giving you uninformed advice if I attempted to answer this - I've only ever entered the USA on the visa waiver programme, so I have no practical experience to share, sorry. From what I've read it's really up to the discretion of the consular officer, and all you can do is turn up armed with as much evidence as you can. See this thread for a similar-ish situation.

[EndlessStory 53]

Yes, I understand your point. I asked around. The prevailing opinion is so long as I have strong ties to Singapore, and we are married then there is no problem. My strong ties are her strong ties so long as we are married. Unless you know something I do not.

1. We have the following to show:

2. I have a job in Singapore that pays $100K a year. (I don't think this relate to her coming back to singapore, it's not her job that she is losing)

3. I can get a letter form my employer to attest to that.

4. We have a rented flat in Singapore (granted she is not on the lease, but we can show utility bills in her name to prove that she resides with me. (rental can be canceled upon 1 month notice after B2 approval)

5. She will have a "dependent pass" that allows her to reside in Singapore. (Is this an EP pass? If she is not making money and relying on you a little hard on her B2 interview)

6. She has employment history in Singapore, but she may not be working for a while after we marry. (history does not matter, current matters)

7. We have a joint bank account in Singapore. It will have about $40K when we are ready. I can show that the account has been active for over a year, not that money was just dropped in it at the time of visa application. (this is a good one)

8. I have sufficient funds in my bank account in the USA to cover a two week vacation. (It might show that you can travel to US and might not return to Singapore)

9. We can also bring up the point that she has a son that is going to school in Myanmar, and he will come live with us after he completes secondary school. Singapore is a lot closer to her son than the USA. (She can move to the US first and then have her son follow after he graduated, since she already left her child in Myanmar and not bring him to Singapore with her. No difference being a little further apart, there's internet and skype)

10. I can show past airline tickets that I regularly visit the USA and always come back to Singapore. (doesnt matter)

11. She can show that she has visited Israel, an Bali and has never violated her visa. Maybe I will take her to Hong Kong, or Thailand over a weekend as well. (I think that country is banned on most passport for a country to travel. Not sure about US)

12. If they need me to put up a $20K bond as collateral that she will return to the USA with me, I can do that, but I do not think they have a procedure for that in place.

Whadda you think?

I have done quite a bit of research on B2 visa before applying for mine a year ago. This is what I think about yours. I have read this somewhere and I don't bother looking for the thread right now.

You are USC, you have strong ties to U.S. and she is your wife so that makes you her asset. It's really hard to get a B2 visa this way unless you are applying B2 visa after you are married and have been staying in Singapore for 10-20 years(MAYBE). That might give you a shot since you have been residing as spousal for a long time and showed that you want to be living in Singapore. You withdrawing your K1 will probably show in the record and CO might also think that you want to take the short way and use B2 instead of K1 since you did not reply to your RFE.

Sorry I am no expert in this. I am just saying what I read and what I know. The information might not be accurate but I have seen it happening during my interview to people that are applying B2 while their husband is USC, their visa were denied and was told to apply for the correct visa which is CR-1. Even though you have no intent to migrate but sorry to tell you that CO does not think that way.

[Phred 5]

Thank you;

I duscussed this with her further last night.

She wants me to answer the RFE, and resume with the K1.

The law states:

We must marry within 90 days, or she must leave. - Not an issue.

We must apply for a change in status or she must leave within 90 days. - Not a problem becuase I plan on buying round trip tickets for two weeks only.

There is no specific law that says we have to stay in the USA.

I do not know if leaving excludes us from ever going to the USA again. I guess it is no big deal. The USA has nothing to offer me. I guess if one day she died and I succumb to Alzhiemers, the USA does in fact owe me a bed in a VA rest home.

Anyway, she is really close to her sister. She wants us to marry in Califrona with her sister there. I will take her to Tahoe, the redwood forgest, etc. It will be a wonderful honeymoon.

I hold an EP in Singapore. She holds an S-Pass. Once we marry she is ellegable for a Dependant Pass. She does plan on quitting her job. Having a history of employment in Singapore means she can get another S-pass no problem.

[kitthekat 1,317]

Yes, you can choose to enter on a K1 and leave after marriage without adjusting status. Just bear in mind the same difficulties will be present when applying for a B2 in the future as long as you are married (no matter where the marriage takes place).

Also, if you are pursuing the K1, my understanding is that you may need a co-sponsor for the I-134 at the embassy stage since your income is not US-based. They will be basing this off the assumption that you will be adjusting status and living in the US (even if you don't intend to and will leave after 2 weeks - because they can't guarantee that you actually will) and should show a means of providing for her in the US. Good thing for the co-sponsor is that the I-134 isn't legally binding unlike the I-1864 (for those who want to remain in the US).

If you want to avoid using a co-sponsor and sponsor her yourself using your assets, you need to be able to show you have 3-5 times the amount required for your household size (listed here).

[Phred 5]

I have attempted to obtain the document they want to satisfy the RFE. I called the number given on the Maracopa Country Clerk of the Court web site. I called when it would be 10:00am there. Nobody answers the line. I tired agan at 11:00am, but again there was no answer. That is typical for the USA. I will have to go in person to get the document. That is not possible at this time.

I called the USCIS at about 1:00 pm thier time. I asked about a waver for the RFE. The lady said I have to talk to an immagration officer, and connected me. The computer voice said the queue over 90 min. The computer said I could hold my place in the queue, and they will return my call, if I record my name at the tone. It also read back my phone number. I waited three hours. Nobody called. I called the USCIS back, and explained the situation. I asked if they failed to call beaucse I am outside the USA. The lady said they call outside the USA all the time. The lady suggested that I write a notorized letter stating that I cannot obtain a clearer copy of my divorce decree, and return that in the RFE envelope.

Furthermore I asked if it is OK for me to use the K1 when I do not live in the USA. The lady said that is not a problem for the USCIS. Success is up to the US embassy.

[kitthekat 1,317]

I'm sorry to hear about all the troubles you're having, it certainly sounds frustrating. I believe the callback feature for the USCIS only works within the US. I have to admire how much effort you're putting into making sure you give your fiance the wedding and honeymoon she desires.

As far as the RFE goes, can you get a proxy in the US to pick up a copy of your divorce decree on your behalf and mail it to you? It's also the holiday season so the county clerk may be understaffed at this time - my fiance's office had a grand total of 3 people in today, go figure. Keep calling, you might finally get through.

[Phred 5]

Hmmm, short staffed. I did not think of that. I have been a Buddht for 20 years (since the 1991 Gulf War). My parents are long gone. I have no children. I seldom think of December that way. There are Chrismas trees up everywhere here, but I seldom pay attention. I guess old age is catching up to me.

I do not know anyone who lives near there.

I just had a thought. I can print out the court summary from the internet and include the URL from where I obtained it. That should do the trick. They just want to make sure I am divorced. They can match the summary to the less readable fax copy I included with the package.

I will try to call again tonight.

Thanks for the encouragement.