March 2015 K-1 Filers

[my11662 0]

Ds160 is down the road that's before the medical exam

[Sabrina&Chuck 32]

1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees.

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 attachment regarding question '34.a' of the I-129F. Make sure to sign and date it.

5. Original statements (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 filled out by the US Citizen with their information, signed and dated (see example).

8. One passport-type photo (see specification) 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 filled out by the foreign fiance(e) with their information, signed and dated (see example).

10. One passport-type photo (see specification) 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 the US Citizen's naturalization certificate (front and back). This is used to establish citizenship.

12. Copy of final Divorce Decree(s) or Certificate(s) for the US Citizen and/or foreign fiance(e) if either has been previously married. If the previous marriage of the US Citizen and/or foreign fiance(e) ended due to the death of their spouse then include a Copy of Death Certificate(s) documenting that fact.

13. Proof of Legal Name Change if either the US Citizen and/or foreign fiance(e) is using a name other than that shown on the relevant documents. You must give USCIS copies of the legal documents that made the change, such as a marriage certificate, adoption decree or court order.

14. 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.

Documentary Proof of Having Met in Person in the Past Two Years and an Ongoing Relationship:

Use as many of these items are possible. There is no minimum, but the more you can provide the less likely you are that you will receive an RFE. Additionally, please note that providing proof of your ongoing and genuine relationship in this package may benefit you by allowing the consulate to have access to this information prior to them formally contacting the non US Citizen fiance. Many high risk consulates approach cases with a skeptical eye and providing this information early on in the original I-129F package will help them in their preliminary review of your case.

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. You may want to highlight or place post-it notes indicating the dates and locations on the copies (to make the adjudication easier) for the person reviewing your file.

2. Color Photo's of you and your fiance(e) together. Make sure you write your names, date, and location on the back of every photo. Provide two to five photo's. 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 local photo store such as Walgreens (if at all possible) or if not on a high quality printer. Place photo's in a plastic bag or photo sheet and label the sheet. Note that you may not receive originals of photo's back.

3. The following items will not typically show proof of having met in the last two years however will show proof of an ongoing relationship: Copies of land line and cell phone bills, appropriate letters and emails, 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. You can also include a copy of engagement ring receipt (this is something that is a big optional - do not worry if you do not have a ring yet!)

Attach "E-Notification" Form (Optional)

Clip a completed G-1145, E-Notification of Application/Petition Acceptance, to the first page of your application (on top of the cover page). By completing this form and attaching it, USCIS will send you an email and/or text message to alert you when your application was received.

Mail the I-129F Package to the USCIS

You should mail the completed form(s) to the USCIS Dallas Lockbox. Mail the package with return receipt requested / delivery confirmation. Send via USPS.

IMPORTANT!

Make TWO copies of the entire package before you send it in. This includes the money orders too. You want to have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL original supporting Evidence since 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. During any future interviews the USCIS may also want to examine the original supporting evidence.

Create a VJ Timeline

Estimate processing time and approval date: Creating a VJ Timeline will allow you to track your case and will generate an estimated approval date for your petition. You can always gain access to many other tools to help you plan how long your Visa Journey will take!

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). Your fiance(e) should review this information in advance of the interview (the embassy will have copies of this as well).

2. Send copies of the documentary proof that you submitted with the I-129F for your fiance(e) to have on hand for their interview at the embassy. Your fiance(e) should review this information in advance of the interview (the embassy will have copies of this as well).

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 signed, with all required supporting evidence. Begin collecting the required information ahead of time, as it can often take several weeks to collect it all.

5. You will need several items (for the above form). Gather duplicate evidence of income and resources as appropriate:

(A) Statement from an officer of the bank/financial institution with your deposits, identifying the following: 1. date account opened; 2. total amount deposited for the past year; 3. present balance

(B) Statement(s) from your employer on business stationary showing: 1. Date and nature of employment; 2. salary paid; 3. whether position is temporary or permanent (also include copies of your last two pay stubs and your previous W-2 for the associated employer if available)

© If Self Employed: 1. Copy of last income tax return filed (or IRS transcripts); or 2. report of commercial rating concern

(D) List containing serial numbers and denominations of bonds and name of record owner(s).

Begin collecting these ASAP after your NOA2 arrives. See this FAQ for more tips and useful information on the Affidavit of Support Form.

6. A copy of the NOA2 that you received in the mail. (backup information; the embassy will have copies of this as well)

7. Proof of your ongoing relationship. This needs to be taken to the interview! Include photos, travel documents, emails, online chat logs (pick several over the prior few months), etc.. from between the time you filed and present (NOA1 until date-now).

Examples: Copies of land line and cell phone bills, appropriate emails and letters you have sent including the stamps on envelopes (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. You can also include a copy of engagement ring receipt (this is something that is a big optional - do not worry if you do not have a ring yet!)

NOTE: Tip Regarding Vaccination Records

The K-1/2 beneficiary will be required by the embassy to have a "medical" done prior to the visa interview. Part of this interview will require that previous vaccinations are documented and potentially additional required vaccinations performed. Once this is complete the doctor will note this on a DS-3025 form that will be sent to the embassy. During the medical appointment request an official copy of the vaccination records from the physician (or a copy of the completed DS-3025 if they will give it to you) as this will be helpful to have on hand in the future (specifically it can be helpful when filing for Adjustment of Status if your DS-3025 form is not available).

After the K-1 Fiance Visa is Approved:

Upon entering the US on a K-1 Visa, the visa holder must get married to the original I-129F sponsor (for the K-1 Visa) within 90 days. If the marriage does not take place within 90 days or the K-1 Visa holder marries someone other than the original US Citizen who petitioned for them, the K-1 Visa holder will be required to leave the United States. Until the marriage takes place, the K-1 visa holder is considered a non-immigrant. A non-immigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A K-1 Visa holder can not obtain an extension of the 90-day time limit.

If the K-1 Visa holder intends to live and work permanently in the United States they should apply to become a permanent resident after the marriage. Please note, K-1 Visa holder will receive conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage is less than two years old at the time the Adjustment of Status application is processed.

Note: A K-1 Visa holder can enter the United States only one time with this visa. Upon entry, the K-1 visa is cancelled, and an Electronic I-94 is issued upon entry and becomes the controlling document. If the K-1 entrant leaves the U.S. before marriage to the original petitioner, re-entry into the U.S. might not be allowed without a new visa. Also, if the K-1 entrant has applied for and is waiting on approval of an Adjustment of Status petition, the K-1 entrant should not leave the U.S. without also having applied for and received approved Advance Parole -- doing so could result in the inability to re-enter the U.S., and it indicates abandonment of the petition for Adjustment of Status. (Note that even approved Advance Parole does not guarantee re-entry into the U.S.)

awesome know did it copy all of it -.- ..but There's smth with birth certificate

down the road ? thought I'm doing medical before that's how the german way works ^^ ..I've to get the vaccinations first anyways..but I'm still sick -.-

[Toddandcamilla 34]

You need to have birth certificate and name change certificate if you changed ur name at one point like an added middle name etc. You need to get those translated and bring them to the interview. Same goes for the police record. Needs to be translated as well.

[r&a12 7]

Hi guys, please help me with this I'm kinda confused in poverty guidelines. Is it before taxes or after taxes computation? My fiance earned like $1900.00 on his job before taxes but after taxes its like $1400 to 1500.

[StephanieC 43]

Hi guys, please help me with this I'm kinda confused in poverty guidelines. Is it before taxes or after taxes computation? My fiance earned like $1900.00 on his job before taxes but after taxes its like $1400 to 1500.

There is no clear cut answer to that. Most Federal agencies use your gross annual household income as a factor since your net income can be adjusted throughout the year. That said, your fiance will need to provide both pay stubs and his latest federal tax return including W2s which will show his adjusted gross income (income minus deductions).

So, your income is computed using your gross income (before taxes). Your assets (anything which can be converted to cash) is net. Assets aren't necessary unless you cannot meet the income guidelines.

[r&a12 7]

There is no clear cut answer to that. Most Federal agencies use your gross annual household income as a factor since your net income can be adjusted throughout the year. That said, your fiance will need to provide both pay stubs and his latest federal tax return including W2s which will show his adjusted gross income (income minus deductions).

So, your income is computed using your gross income (before taxes). Your assets (anything which can be converted to cash) is net. Assets aren't necessary unless you cannot meet the income guidelines.

Thanks and I also read about other income included to pass the poverty guidelines. http://www.***removed***/affidavit-of-support/i-864-income-requirements.html

[Sabrina&Chuck 32]

You need to have birth certificate and name change certificate if you changed ur name at one point like an added middle name etc. You need to get those translated and bring them to the interview. Same goes for the police record. Needs to be translated as well.

Police Record hasn't to be translated .in German for me is totally fine

[ce2010 7]

Police Record hasn't to be translated .in German for me is totally fine

???

isnt it in german? i think they require you to submit english translation

[noz 3]

???

isnt it in german? i think they require you to submit english translation

They require English translation for any language other than English and the language of the country of the embassy/consulate where you have your interview.

I will have my interview in France, so police certificates in French and English are acceptable, but not German.

For Sabrina and Chuck, German is fine because the interview will be in Germany. However, in their case, a French police certificate would have to be translated into English.

[ce2010 7]

They require English translation for any language other than English and the language of the country of the embassy/consulate where you have your interview.

I will have my interview in France, so police certificates in French and English are acceptable, but not German.

For Sabrina and Chuck, German is fine because the interview will be in Germany. However, in their case, a French police certificate would have to be translated into English.

so based on what you are sayin right now

if a person will be interviewed in russia, its okay for russian police certificate.. no need for english.... thats what i am understanding????

[Toddandcamilla 34]

As I understand your interview will be in english. Its the Us embassy in your native country.. But thats just what i read. Im at least getting it all translated to the american person whos interviewing me based on the others experience. But if its the same in Germany i dont know then.. Just thought it was in generel cause its US embassy. I might be completely wrong. I am doing it better safe than sorry :-)

Edited April 8, 2015 by Toddandcamilla

[noz 3]

Yes this is what I mean.

I can't seem to find a link right now but I remember reading this somewhere (maybe here on VJ or on USCIS website).

To be on the safe side though, wait for someone else to confirm what I am saying.

[Toddandcamilla 34]

Im doing mine in Sweden since its closed in Denmark due to low petitions for this, visa but I read the Swedish have to translate theirs too, cause the people at the embassy arent swedish. They are american.

[noz 3]

I found the link.

http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html

Click on "Required Documentation". At the bottom of this section (in the "Note") it says:

"Documents in foreign languages, other than the language of the country in which the application takes place, should be translated."

[ce2010 7]

I found the link.

http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html

Click on "Required Documentation". At the bottom of this section (in the "Note") it says:

"Documents in foreign languages, other than the language of the country in which the application takes place, should be translated."

the way they are putting the sentences together is so freakin confusing.