K1 Visa required document

[goodlulck52 69]

Hi VJers!

 

I am a December filer. It seems that the case is going to be processed soon and another journey with the Consulate is starting.

 

Now I am getting concerned because our case might be different from many... Here is the story: I and my USC fiance have been living together for years in my country and I am the only source of income. Therefore my fiance did not have to file tax returns. We have savings of more than 3X poverty line. 

 

One of the required documents from the State Department for K-1 Visa is "Evidence of financial support (Form I-134, Affidavit of Support, may be requested)". So as you see, if I show the Consulate the savings account, they should be satisfied. https://travel.state.gov/content/visas/en/immigrate/family/fiance-k-1.html#6

 

But on the forum and probably in reality, a lot of cases are that a USC has the financial support and the intending immigrant has no savings. As a result, many people even say that I-134 is required, even though that is a misinterpretation. What is needed is the evidence of financial support, and I-134 may be requested. I am just quite concerned that the Consulate might also misinterpret the rule and deny my visa only because of lack of Form I-134 or my fiance has no income.

 

I am just wondering if I should do something or say something before or during the visa interview to clarify and avoid any misunderstanding... Any advice would be appreciated!

 

Hope everyone will have their I129-F approved soon and a smooth visa interview!!!!!

 

[KimchiLumpia 315]

Right off the bat, if the US citizen is currently living out of the US now for several years - you may also have issue with proving US domicile.

Please update your timeline and profile, so members know which country the foreign fiance plans to immigrate from.  It will help members give more specific information about your concerns.

[SparklePony 238]

Besides proving domicile, I'm wondering if the savings (which I assume are in a foreign bank) can be used at all. Depending on the country, they may not be accepted at all unless they're in a US bank. 

[goodlulck52 69]

2 hours ago, KimchiLumpia said:

Right off the bat, if the US citizen is currently living out of the US now for several years - you may also have issue with proving US domicile.

Please update your timeline and profile, so members know which country the foreign fiance plans to immigrate from.  It will help members give more specific information about your concerns.

Thanks for your reply. Just did some research and found that the US domicile is required for CR1, .i.e., if we were married, and it is not a requirement for K-1; I remember now a reason for me to do the K-1 visa instead of CR1 is because K-1 does not require USC to have re-established a US domicile.

 

I did not complete the country because I was afraid of being recognized : there are not many people from my country and it is a visa waiver program country. So I hope it is not a tough consulate.

 

3 minutes ago, SparklePony said:

Besides proving domicile, I'm wondering if the savings (which I assume are in a foreign bank) can be used at all. Depending on the country, they may not be accepted at all unless they're in a US bank. 

The savings can be transferred to my USC fiance's bank in the US easily. There is not foreign exchange control in my country.

 

[geowrian 22,337]

19 minutes ago, goodlulck52 said:

Thanks for your reply. Just did some research and found that the US domicile is required for CR1, .i.e., if we were married, and it is not a requirement for K-1; I remember now a reason for me to do the K-1 visa instead of CR1 is because K-1 does not require USC to have re-established a US domicile.

 

I did not complete the country because I was afraid of being recognized : there are not many people from my country and it is a visa waiver program country. So I hope it is not a tough consulate.

 

The savings can be transferred to my USC fiance's bank in the US easily. There is not foreign exchange control in my country.

 

Others have been issued a 221g after the K-1 interview, pending proof of domicile by the USC petitioner:

http://www.visajourney.com/forums/topic/620214-what-221g-for-domicile-and-bank-issues/

http://www.visajourney.com/forums/topic/617166-221g-request-for-i-134-after-london-k1-interview/

http://www.visajourney.com/forums/topic/614875-ceac-website-k1-visa/

 

Some info:

http://www.visajourney.com/forums/topic/608939-when-do-i-need-to-re-establish-domicile-merged/#comment-8295602

[goodlulck52 69]

37 minutes ago, geowrian said:

Others have been issued a 221g after the K-1 interview, pending proof of domicile by the USC petitioner:

http://www.visajourney.com/forums/topic/620214-what-221g-for-domicile-and-bank-issues/

http://www.visajourney.com/forums/topic/617166-221g-request-for-i-134-after-london-k1-interview/

http://www.visajourney.com/forums/topic/614875-ceac-website-k1-visa/

 

Some info:

http://www.visajourney.com/forums/topic/608939-when-do-i-need-to-re-establish-domicile-merged/#comment-8295602

Thanks for the information! This is quite depressing. The USCIS, State Department, and the US Consulate in my country do not mention the word "domicile" for K-1 at all. The following is quoted from USCIS, but the information from State Department and my US Consulate is the same.

 

Eligibility Requirements

If you petition for a fiancé(e) visa, you must show that:

• You (the petitioner) are a U.S. citizen.
• You intend to marry within 90 days of your fiancé(e) entering the United States.
• You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
• You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:
  1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.
  2. If you prove that the requirement to meet would result in extreme hardship to you.

To contrast the requirements between K-1 and CR1 about domicile:

https://travel.state.gov/content/visas/en/immigrate/family/immediate-relative.html

https://travel.state.gov/content/visas/en/immigrate/family/fiance-k-1.html

 

Unless I am misunderstanding the rule, is it possible that some officers might have misunderstood the rule?

 

P.S., about my original question, I remembered that I confirmed with my consulate that I can use my savings and I-134 is not required: it is just a backup when needed. So ignore the original question, please.

 

[geowrian 22,337]

23 minutes ago, goodlulck52 said:

Thanks for the information! This is quite depressing. The USCIS, State Department, and the US Consulate in my country do not mention the word "domicile" for K-1 at all. The following is quoted from USCIS, but the information from State Department and my US Consulate is the same.

 

Eligibility Requirements

If you petition for a fiancé(e) visa, you must show that:

• You (the petitioner) are a U.S. citizen.
• You intend to marry within 90 days of your fiancé(e) entering the United States.
• You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
• You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:
  1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.
  2. If you prove that the requirement to meet would result in extreme hardship to you.

To contrast the requirements between K-1 and CR1 about domicile:

https://travel.state.gov/content/visas/en/immigrate/family/immediate-relative.html

https://travel.state.gov/content/visas/en/immigrate/family/fiance-k-1.html

 

Unless I am misunderstanding the rule, is it possible that some officers might have misunderstood the rule?

 

P.S., about my original question, I remembered that I confirmed with my consulate that I can use my savings and I-134 is not required: it is just a backup when needed. So ignore the original question, please.

 

The CO must believe that any intending immigrant will not become a public charge prior to issuing a visa. Generally, this is accomplished via submitting an I-134 (and evidence to support it) from a sponsor for a K-1 visa. Each CO has the discretion to require the I-134 or not, and some even use the I-864 as their guidelines instead of the I-134. Some may not ask for an I-134 while others may require it before issuing the visa.

 

It's not so much about misunderstanding the rule...they're just using different criteria to satisfy the underlying requirement.

Edited March 19, 2017 by geowrian

[goodlulck52 69]

13 minutes ago, geowrian said:

The CO must believe that any intending immigrant will not become a public charge prior to issuing an immigrant visa. Generally, this is accomplished via submitting an I-134 (and evidence to support it) from a sponsor for a K-1 visa. Each CO has the discretion to require the I-134 or not, and some even use the I-864 as their guidelines instead of the I-134. Some may not ask for an I-134 while others may require it before issuing the visa.

 

It's not so much about misunderstanding the rule...they're just using different criteria to satisfy the underlying requirement.

That sounds not too bad, as my consulate has told me that they would not need I-134 if I show them the 3X poverty line savings.

[KimchiLumpia 315]

8 hours ago, goodlulck52 said:

Thanks for your reply. Just did some research and found that the US domicile is required for CR1, .i.e., if we were married, and it is not a requirement for K-1; I remember now a reason for me to do the K-1 visa instead of CR1 is because K-1 does not require USC to have re-established a US domicile.

 

 

Generally speaking, the matter of the US citizen's domicile is not discussed at the initial I-129F petition.  

 

It will usually be mentioned at the time of Affidavit of Support I-134 form and documentation are requested.  It all depends on the country you're immigrating from when they discuss domicile.  For Canadian K-1 Visa applicants, domicile is discussed after the Canadian NVC receives your file, issues you a case number, and sends out what they call "Packet 3".  

Unfortunately, I've not read one VJ article that the US citizen was not required to provide proof of domicile.