A few questions - K-1 Proof/Marriage After Entry

[AmbivalentCat 1]

So I'm going to be visiting my fiance next month, and starting the application process for a K-1 soon after that. I've done a lot of research on what needs to be done, and we'll be hiring an immigration lawyer when the time comes just to make sure nothing goes wrong. I do have a few questions that don't seem to have an easy answer, though.

 

1. The K-1 Application requires "proof" of your relationship, and from what I've read it's mostly phone call logs. Our problem is, we've been together for two years, but have never made a phone call to one another. We talk daily on WhatsApp, used to talk daily on Skype, have made a couple of Skype video calls, but mostly we talk on something like Teamspeak (a private voice chat server, for anyone who doesn't know what it is). I did contact an immigration lawyer at one point to inquire about this, and they said we'd have to submit transcripts of our text conversations. Is this really the only way to prove a relationship? Does the text transcript have to be 2 years' worth of chatter? There's (obviously) some conversations I wouldn't want a stranger to read, so I'm kind of worried about this part. I looked into finding logs for Teamspeak, but there isn't a way. I think there is a way to get a log of Skype calls though. Any insight for this appreciated!

 

2. I've read that when filing for an AoS after your fiance is in the country, if a "quick marriage" took place, the officer handling the case is more likely to lean toward denial because that supposedly hints that you're just rushing things to immigrate someone rather than wanting to marry them. But as far as we can see, since he'd be unable to work here until the AoS/work permit get approved, getting it done as fast as possible to start with would be best, considering how long it takes those to get processed. I also don't really have much family here - I have one parent, but that's it. He, on the other hand, has a huge family back in his home country, and I would not ask them to all buy tickets to come here when it would be much cheaper for us to just go there after the AoS to have a formal ceremony. So, are we more likely to get denied on the AoS application if we have a quick courthouse marriage after his K-1 gets approved, or is this a common thing? There's a lot of conflicting info floating around on this - a lot of sites claim that you're much more likely to get denied if your marriage is quick or non-formal. 

[A'n'L 735]

Where is she from and is this the first time you meet in person? The most important types of proof of relationship the embassy is looking for is time spent in each other's presence. While the minimum requirement is to have met once, in some countries, it can be hard to be approved for a K1 if you only have one, short, meeting.

 

You can submit Skype logs and screenshots with excerpts from conversations on any other media. You don't have to submit everything, but choose some conversations that show the  evolution of your relationship. Regular phone logs are outdated, hardly nobody communicates internationally on the phone anymore. It won't be a problem not to have those.

 

A K1 visa is for the purpose of marrying, a "quick" marriage after entry is therefore both expected and required. Many people go for a simple courthouse wedding. It's completely acceptable and not an issue.

 

Also, this is a DIY site. Most people on here are successfully navigating the process without a lawyer. Take some time to read the guides and familiarize yourself with the wealth of experience available here.

[Dashinka 24,980]

A'n'L is spot on.  For a K1, face time is generally more mportant than secondary proof such as Skype, Viber, or WhatsApp logs.  One thing I think that helps is meeting more than once and especially being there at the time of the interview if possible.

 

As to filing for the AOS soon after marriage.  There are many here that do exactly that and I don't think it really has much of an impact.  I think they realize that when someone uproots their entire life,they cannot wait for a long period to file the AOS which would keep them from working, or traveling internationally.  Of course when filing for the AOS you need to show a bonefide marriage which means you should make plans to start commingling your relationship as soon as your married.  Things such as joint bank accounts, joint lease agreements, joint utility bills, etc., are things that can be done fairly quickly after marriage to include in the AOS package.

 

As A'n'L said, read the guides, and the pinned threads as they are very helpful, and don't hesitate to ask questions here as the community is full of knowledgeable members willing to give advice.  You can certainly hire a lawyer, but just remember they can not do anything to speed up the process, just make sure you research any lawyer thoroughly as there are many that have caused additional delays and issues.

 

Good Luck!

[optlh0 19]

I didn't submit any chat logs, skype logs, proof of phone calls, or texts. I did submit pictures of her and I at different places, and with myself and her family members. I put dates on each photo. I also submitted copies of my passport pages that showed I entered and left the country multiple times that corresponded with those dates, and hotel receipts that showed I stayed in her city when I was in the country. If you don't have that, then the chat/phone logs become necessary. If you're visiting her soon, get lots of pictures together and with you and her family if possible. 

[Scandi 4,192]

1. Just take one or two screenshots from each month you've been chatting/talking, preferably screenshots that show the dates. There's zero reason to add whole chat logs. For the i-129f they're only interested in proof that you have met in person within the last two years - such as boarding passes, stamps in passport and so on. The screenshots of your chats will/might be needed for the K-1 though, you'll have even more of that by the time of the interview. And like the other posters said - depending on what country your fiancé is from you might need more than just one visit to be approved for a K-1, some embassies are much harder than others.

 

2. Who told you you get your AOS denied for having a quick wedding? That's crazy talk. I bet the majority of K-1ers have a quick, courthouse wedding as it's so hard to plan for much else when you only have those 90 days to get it done. Also you never know for sure how long it will take to actually get your K-1 visa, meaning it's hard to set a specific date for a wedding, and therefore it's much harder to make any bigger plans. Basically - it's more or less expected to have a quick, courthouse wedding.

 

3. Hiring a lawyer is nutty if you have a simple, straight forward case (ie no criminal background and such). There's absolutely no reason to spend money on something that is more or less useless, not to mention completely unnecessary. Many times they even make matters worse. You're better off keeping track of your own business and learning the (simple) process that is the i-129f petition and the K-1 visa.

Edited April 2, 2017 by Scandi

[SparklePony 238]

I agree with what all the other members have said. Hiring a lawyer is no guarantee of a smoother or faster case and in many cases can actually have the opposite effect. Just read recently on here of a case where the AOS petition was rejected because the couple's lawyer told them the incorrect fee for filing! They had to resend everything all over again. There is so much info on here and help at the touch of your fingertips, and the vast majority of members have successfully completed their cases as DIY, me included. Save the money and use it instead on each other. 

 

Personally, I didn't add any chat/phone logs to my petition - we had visited each other twice, so I added boarding passes and passport stamp pictures, a couple of pictures of us together and copies of the book he wrote to me with his marriage proposal. He visited me twice after we sent the petition, with one of those times being when the interview took place.  We had no issues with the petition or getting the visa. Now, different embassies do tend to favor certain evidence, but you can never go wrong with plenty of face to face time. 

 

Lastly, and again going from my experience, I arrived on a Thursday, got married the next day at the courthouse, had my AOS application in the mail on Monday - the only reason why we didn't mail it out that very Saturday was because the marriage certificate wasn't available until Monday. You can't get much quicker than what we did, and my AOS was approved with no issues and with no interview (and no added evidence of our relationship aside the marriage certificate!).

 

Hope this helps!

[AmbivalentCat 1]

9 hours ago, A'n'L said:

Where is she from and is this the first time you meet in person? The most important types of proof of relationship the embassy is looking for is time spent in each other's presence. While the minimum requirement is to have met once, in some countries, it can be hard to be approved for a K1 if you only have one, short, meeting.

 

He's from the Bahamas. His government tends to drag their feet on just about everything, but I'm not sure how the embassy is there. If anyone has any experience with them, I'd greatly appreciate it.

 

I'll be going there for a week next month. It's possible he might come to visit me as well, but it might be just the one visit from me before we do the application. I do know to make copies of everything from when I'm there, and travel documents and such. I'd go a second time too if I could, but it's really not cheap, and I don't have much money to spare. I figured getting a lawyer was the smarter option, but maybe we'll rethink that. Thanks for the help so far, guys!

[A'n'L 735]

11 minutes ago, AmbivalentCat said:

He's from the Bahamas. His government tends to drag their feet on just about everything, but I'm not sure how the embassy is there. If anyone has any experience with them, I'd greatly appreciate it.

 

I'll be going there for a week next month. It's possible he might come to visit me as well, but it might be just the one visit from me before we do the application. I do know to make copies of everything from when I'm there, and travel documents and such. I'd go a second time too if I could, but it's really not cheap, and I don't have much money to spare. I figured getting a lawyer was the smarter option, but maybe we'll rethink that. Thanks for the help so far, guys!

http://www.visajourney.com/reviews/index.php?cnty=Bahamas

 

This used went through the K1 process in Bahamas recently: http://www.visajourney.com/forums/profile/233028-jessdak/

[Suss&Camm 2,213]

I think what you've been reading regarding not getting married too fast is for ppl that come in on a tourist visa or ESTA and get married... and then try to adjust.. that's not conflicting info floating around, just different circumstances for different ppl

As others have noted the K1 visa is specifically for getting married and adjusting 

[yuna628 9,758]

13 hours ago, AmbivalentCat said:

So I'm going to be visiting my fiance next month, and starting the application process for a K-1 soon after that. I've done a lot of research on what needs to be done, and we'll be hiring an immigration lawyer when the time comes just to make sure nothing goes wrong. I do have a few questions that don't seem to have an easy answer, though.

 

1. The K-1 Application requires "proof" of your relationship, and from what I've read it's mostly phone call logs. Our problem is, we've been together for two years, but have never made a phone call to one another. We talk daily on WhatsApp, used to talk daily on Skype, have made a couple of Skype video calls, but mostly we talk on something like Teamspeak (a private voice chat server, for anyone who doesn't know what it is). I did contact an immigration lawyer at one point to inquire about this, and they said we'd have to submit transcripts of our text conversations. Is this really the only way to prove a relationship? Does the text transcript have to be 2 years' worth of chatter? There's (obviously) some conversations I wouldn't want a stranger to read, so I'm kind of worried about this part. I looked into finding logs for Teamspeak, but there isn't a way. I think there is a way to get a log of Skype calls though. Any insight for this appreciated!

 

2. I've read that when filing for an AoS after your fiance is in the country, if a "quick marriage" took place, the officer handling the case is more likely to lean toward denial because that supposedly hints that you're just rushing things to immigrate someone rather than wanting to marry them. But as far as we can see, since he'd be unable to work here until the AoS/work permit get approved, getting it done as fast as possible to start with would be best, considering how long it takes those to get processed. I also don't really have much family here - I have one parent, but that's it. He, on the other hand, has a huge family back in his home country, and I would not ask them to all buy tickets to come here when it would be much cheaper for us to just go there after the AoS to have a formal ceremony. So, are we more likely to get denied on the AoS application if we have a quick courthouse marriage after his K-1 gets approved, or is this a common thing? There's a lot of conflicting info floating around on this - a lot of sites claim that you're much more likely to get denied if your marriage is quick or non-formal. 

1) A lawyer will not ensure anything goes wrong. But if you want to hire one, that's up to you. Most of us choose to do it on our own, unless it is something very complicated. There are really good guides here. The USCIS does not really require proof of a relationship, what they do require is to send in evidence that you have physically met within the required two year period. Make sure that it is quality evidence (photos are secondary evidence - so you will need to back it up with things like passport stamps, boarding passes, and you can even use receipts of places you two have been together). There are individuals that decide to 'front-load' and send in additional evidence of proof of a relationship, especially if it's going to be a hard embassy. It's really the embassy that will want to see the relationship stuff. It's been a long time since I've used TeamSpeak, but there was at least iirc a way that chat logs could be found - it's just rather difficult to find them. From a personal standpoint we added no txts, chat logs, phone records, or emails and it made little difference. Again if it's a more difficult embassy, it may be advisable to include a selection.

 

2) Absolutely not true. The terms of the K1 is to marry within 90 days of entry. You can marry as fast or as slow as the couple chooses. Getting AOS done as soon as possible is helpful, because it will take a long time. I would recommend though that your fiancé obtain their SSN, as soon as possible after landing, even before marriage and AOS - and also consider health insurance too (your fiancé will be eligible upon your marriage). It will help you in the long term. Courthouse weddings are common, for as you can see with a K1 it doesn't allow a lot of ability to plan a big bash or sometimes family are unable to visit. You are no less married in a courthouse - what matters is fulfilling the legal requirement.

[visaqueries 111]

In our initial filing we did include social media transcripts, but we also had multiple trips to see each other.  I'm sure the actual visits carried a little more weight than messages we sent to one another through Facebook or Viber.  We had a couple red flags, but we were approved pretty easily.

 

We were married within 5 days of his arrival, and we filed 8 days after his arrival.  The processing time for our application took a long time, but we had no problems (and no interview) prior to his approval.  

 

Many have said that straightforward cases don't really need a lawyer.  I'd agree.  Instead, if you applied the attorney money to that second trip to the Bahamas, you would probably strengthen your case.  

[aaa2zzz 27]

The Bahamas is so close. And its a nice place.  You should visit more. Then you would have more time together. If he lived for example in New Zealand, it could be understood why you have not visited often. But The Bahamas? (the capital "T" is important hehe) It is a $500 round trip ticket from most of the USA if you plan ahead. I hope you have met in person and its not a pure online relationship. If I were a consular officer, I would think it very strange that you have not visited often. A picture is worth 1,000 words. Yet I noted your post said nothing about pictures. From a relationship point of view, how can someone be your "fiance" if you have spent so little time with him??????????

For Skype, Conversation, View Old Messages. Good for just 6 months.

 

 

 

[A'n'L 735]

11 hours ago, visaqueries said:

 Instead, if you applied the attorney money to that second trip to the Bahamas, you would probably strengthen your case.  

Good idea! OP should aim for another visit, if not before filing, then during the processing, or at least for the interview. It will certainly increase the chances of an approval.

 

7 hours ago, aaa2zzz said:

From a relationship point of view, how can someone be your "fiance" if you have spent so little time with him??????????

This situation is not uncommon on this forum. Remember, we are not here to judge, only advice.

[AmbivalentCat 1]

I would think people who'd met online here wouldn't be that uncommon - I didn't post here to be judged, just for advice. We've been together for two years, and for many reasons weren't able to meet up before now; that doesn't make our relationship any less valid.

 

And not everyone can afford multiple visits - this is already something I've saved up for over several months, as the cost of living where I am is way too high in relation to the average income in the area. I meet the poverty income requirement, before anyone comments on that, but I do still spend more than half my income on rent and utilities each month (and this is in an apartment that's unusually cheap for my area - rent is usually $300-400 more at least). It's not as simple as snapping my fingers to go on a $600 trip (plus cost of checked bags and such). We also need to save most of our money for the actual application, as we all know how expensive that part is. I think we can manage him visiting me here after my trip, though.

 

I'll see about us getting another visit in rather than hiring a lawyer. Thanks for the advice, guys. Much appreciated.

Edited April 3, 2017 by AmbivalentCat

[A'n'L 735]

13 minutes ago, AmbivalentCat said:

I would think people who'd met online here wouldn't be that uncommon - I didn't post here to be judged, just for advice. We've been together for two years, and for many reasons weren't able to meet up before now; that doesn't make our relationship any less valid.

It's not uncommon at all, don't worry about the judgemental comments. However, we do see some sad posts were either the visa was denied for lack of relationship evidence, or (worse) where the USC was taken advantage of for immigration benefits. Stay strong, but be wise. Good luck on your journey!