Confused with K1 visa process

[AnelDozo 0]

Hi!

I'm attempting to file a K1 visa petition for my fiancé who lives in Bosnia. I've just about collected and filled out all the necessary paperwork, but I am confused by several things: 1.) I gained my US citizenship through my parent's naturalization, so I do not have a certificate of naturalization, but rather a US passport. Now, on the passport I have 3 years of validity before I need to renew it, but I'm reading that a minimum of 5 years of validity is required. Is that true? 2.) I'm currently finishing up my degree and will be using my father as a co-sponsor, so do I need to submit all the papers that he received when he filed taxes or just specific pages of the tax returns? He and my mother submitted taxes together, but I am only using my father as a co-sponsor--do I need to separate their earnings or submit the tax returns as one? And if I do submit it as one, do I need to file an affidavit for her even though she will not be doing any sponsoring? 3.) In regards to the assets, mortgages, etc. section of the affidavit of sponsorship, do I mark the approximate amount of mortgage, financial worth of assets or do I provide official bank documents in regards to the home loans, mortgage, and financial status of my co-sponsor? 

I feel as if I may be overthinking this and I'm stressing quite a bit, because I would really like to have the application in the mail and submitted before the weekend is through. Please help!

[geowrian 22,338]

1. The passport is likely a 10 year passport. They aren't referring to the expiration date of the passport...they're referring to the validity period of it. Assuming your passport actually is valid for 5+ years in total, then you need to provide a copy of every page to prove your US citizenship.
2. You won't need to send the I-134 with the I-129F. The I-134 is needed for the interview. Assuming the CO at the embassy accepts a joint sponsor (most do), then you would need to submit an I-134 + all supporting paperwork, and your joint sponsor would have to do the same. You can send the tax return and supporting schedules for income (i.e. W2s), but I'd suggest just sending tax transcripts (https://www.irs.gov/individuals/get-transcript). It's much simpler IMHO...no need for the 1040, W2s, etc.
3. Are you using assets or only income? If you're only using income, then you won't need to provide assets and supporting documentation for them. If you are using assets (either in full or part), you need to provide sufficient evidence that the asset can be converted to cash (without hardship to the sponsor) within 1 year, that the asset belongs to the spnsor, and evidence of the net value of the asset. For a house, a copy of the title proves ownership, and a copy of a recent appraisal + any mortgages/liens would show value (or evidence that there are no such liens if that's the case). Copies of documents are sufficient (don't send originals as you may not get them back), but I would tend to err on the side of getting official/certified copies where applicable. I'll have to defer to others here if that's actually needed, but COs can be sticklers when using assets.

You probably are overthinking it. Most people who take the process seriously do.

Edited May 13, 2017 by geowrian

[AnelDozo 0]

4 minutes ago, geowrian said:

1. The passport is likely a 10 year passport. They aren't referring to the expiration date of the passport...they're referring to the validity period of it. Assuming your passport actually is valid for 5+ years in total, then you need to provide a copy of every page to prove your US citizenship.
2. You won't need to send the I-134 with the I-129F. The I-134 is needed for the interview. Assuming the CO at the embassy accepts a joint sponsor (most do), then you would need to submit an I-134 + all supporting paperwork, and your joint sponsor would have to do the same. You can send the tax return and supporting schedules for income (i.e. W2s), but I'd suggest just sending tax transcripts (https://www.irs.gov/individuals/get-transcript). It's much simpler IMHO...no need for the 1040, W2s, etc.
3. Are you using assets or only income? If you're only using income, then you won't need to provide assets and supporting documentation for them. If you are using assets (either in full or part), you need to provide sufficient evidence that the asset can be converted to cash without hardship to the sponsor within 1 year, that the asset belongs to the owner, and evidence of the net value of the asset. For a house, a copy of the title proves ownership, and a copy of a recent appraisal + any mortgages/liens would show value (or evidence that there are no such liens if that's the case). Copies of documents are sufficient (don't send originals as you may not get them back), but I would tend to err on the side of getting official/certified copies where applicable. I'll have to defer to others here if that's actually needed, but COs can be sticklers when using assets.

You probably are overthinking it. Most people who take the process seriously do.

Thank you to the moon and back! I've been patiently sitting by my laptop waiting for a reply! (This application process is seeming quite stressful!) 

So, let me get this straight: I will not need to submit the tax documents now? On what basis will the people viewing my application, and hopefully approving it to move to the embassy stage of proceedings, know that I or my co-sponsor are financially capable of supporting my fiancé?

#3: So, he/we can choose if to submit income or assets? Both do not need to be submitted? My co-sponsor is well over the 125% of poverty line, so his income and tax statement is enough? I can leave the assets section blank, but still fill out the amount that they have in mortgage/debt and the amount he has in his bank account?

I'm terribly sorry if I'm being repetitive, but I've been spending the last several weeks attempting to gather all the paperwork and it seems like a new form pops up on me. I've read reviews about people getting rejected or requests being sent for more information/evidence due to lack of paperwork submitted. I'd just like the process to go as smooth as possible and have my fiancé alongside me sooner rather than later. 

 

Thanks!!

[geowrian 22,338]

1 minute ago, AnelDozo said:

Thank you to the moon and back! I've been patiently sitting by my laptop waiting for a reply! (This application process is seeming quite stressful!) 

So, let me get this straight: I will not need to submit the tax documents now? On what basis will the people viewing my application, and hopefully approving it to move to the embassy stage of proceedings, know that I or my co-sponsor are financially capable of supporting my fiancé?

#3: So, he/we can choose if to submit income or assets? Both do not need to be submitted? My co-sponsor is well over the 125% of poverty line, so his income and tax statement is enough? I can leave the assets section blank, but still fill out the amount that they have in mortgage/debt and the amount he has in his bank account?

I'm terribly sorry if I'm being repetitive, but I've been spending the last several weeks attempting to gather all the paperwork and it seems like a new form pops up on me. I've read reviews about people getting rejected or requests being sent for more information/evidence due to lack of paperwork submitted. I'd just like the process to go as smooth as possible and have my fiancé alongside me sooner rather than later.

No problem.

 

Both you and your joint sponsor will need to submit tax documents for the most recent tax year (2016). You can submit either the return + W2s, OR a tax transcript. A tax transcript is simpler (and is proof they were actually filed). You will also need to provide any other evidence of income (letter from the employer and several months of pay stubs) and/or assets (bank letter, housing documents as outlined, etc.) that you plan to use to show the 100% level is met.

 

Correct. You do can entirely use income or entirely use assets (or do a mix of both to cover the difference). If the joint sponsor makes over 100% of the poverty level, then just proof of income is necessary. The most recent tax return info is needed in both cases. You can still use assets, but it's not necessary. If you don't use asserts, then you can just put an "N/A" so they know it wasn't left blank by accident. It shouldn't matter if the income is sufficient, but better safe than sorry IMHO.

 

NOTE: I'm saying 100% of the poverty level since the K-1 uses the I-134. Most (almost all) embassies use the 100% limit for this, but a handful use the 125% level. For AOS (after getting married in the US), you and your joint sponsor (if you still need one) will need to fill out an I-864. That form uses 125% of the poverty level.

[AnelDozo 0]

16 minutes ago, geowrian said:

No problem.

 

Both you and your joint sponsor will need to submit tax documents for the most recent tax year (2016). You can submit either the return + W2s, OR a tax transcript. A tax transcript is simpler (and is proof they were actually filed). You will also need to provide any other evidence of income (letter from the employer and several months of pay stubs) and/or assets (bank letter, housing documents as outlined, etc.) that you plan to use to show the 100% level is met.

 

Correct. You do can entirely use income or entirely use assets (or do a mix of both to cover the difference). If the joint sponsor makes over 100% of the poverty level, then just proof of income is necessary. The most recent tax return info is needed in both cases. You can still use assets, but it's not necessary. If you don't use asserts, then you can just put an "N/A" so they know it wasn't left blank by accident. It shouldn't matter if the income is sufficient, but better safe than sorry IMHO.

 

NOTE: I'm saying 100% of the poverty level since the K-1 uses the I-134. Most (almost all) embassies use the 100% limit for this, but a handful use the 125% level. For AOS (after getting married in the US), you and your joint sponsor (if you still need one) will need to fill out an I-864. That form uses 125% of the poverty level.

Thats an enormous relief! Thank you!

 

So far I've these papers prepared:

1. Cover Letter

2. Letter of Intent from the fiancé and me

3. Picture proof of having met in person

4. Letter of intent from the Co-Sponsor

5. Proof of citizenship of myself and the sponsor

6. I've the affidavit of support filled out(but that isn't required until we get to the embassy stage?)

7. The account summary and average for the last year on the banking account of the co-sponsor, including current savings and checking balance

8. G-325A for myself and my fiancé(do I use the same G-325 to fill out for both myself and my fiancé, just separate pages where one has her information and one has mine? Also, in terms of work history, I cannot recall the exact start dates of the jobs I had 4-5 years ago. Are approximate dates ok? 

9. I-129F completed

[A'n'L 735]

For the initial i129f petition you need:

 

- I129f filled and signed (the new form is amended to make g325a redundant)

- US style and size passport photo of both beneficiary and petitioner

- Petitioners proof of US citizenship (eg copies of ALL pages of his/her passport)

-  One letter of intent to marry from the petitioner, and one from the beneficiary

- Proof of having met in person at least once within the last two years (passport stamps, boarding passes and pictures)

 

Anything related to the affidavit of support and the joint sponsor is not needed at this stage, only at the interview.

[geowrian 22,338]

24 minutes ago, AnelDozo said:

Thats an enormous relief! Thank you!

 

So far I've these papers prepared:

1. Cover Letter

2. Letter of Intent from the fiancé and me

3. Picture proof of having met in person

4. Letter of intent from the Co-Sponsor

5. Proof of citizenship of myself and the sponsor

6. I've the affidavit of support filled out(but that isn't required until we get to the embassy stage?)

7. The account summary and average for the last year on the banking account of the co-sponsor, including current savings and checking balance

8. G-325A for myself and my fiancé(do I use the same G-325 to fill out for both myself and my fiancé, just separate pages where one has her information and one has mine? Also, in terms of work history, I cannot recall the exact start dates of the jobs I had 4-5 years ago. Are approximate dates ok? 

9. I-129F completed

1. Good
2. These should be 2 separate letters...one signed by you and one signed by your fiance (this can be a printed copy of a hand-signed document, but no digital signatures).
3. Be sure to label the photos: Who is in it, when it was taken, and where it was taken.
   1. Photos as secondary evidence of having met in person within the past 2 years. Photos alone probably won't satisfy the requirement. You should also include things like boarding passes, passport stamps (which you are already providing via your US citizenship proof), hotel receipts, etc.
4. The joint sponsor isn't needed for anything at this stage.
5. Correct for you, but I'll note that the joint sponsor doesn't come into play at this stage.
6. Correct - this will be needed at the interview only. Evidences you provide now may be outdated by the time of the interview (likely 5-7 months from filing). Also, be sure to check if the I-134 version you filled out is still accepted at that time...they update the forms regularly and phase out old versions.
7. This would probably be sufficient, but generally they want a letter from the bank noting: 1. date account opened; 2. total amount deposited for the past year; 3. present balance (http://www.visajourney.com/content/k1guide). I'll note again this is for using assets. If only using income, this isn't necessary.
8. If you're using the latest I-129F, then you don't need the G-325As. If you're using the next-to-latest I-129F, then the G-325As are needed.
   1. If you do need the G-325As, then you would need 1 from you and 1 separate one from your fiance. Each needs to be signed. You can use a printed copy of a hand-signed document from the beneficiary (same as the letter of intent form the beneficiary).
   2. Use your best estimate for hire/termination dates. You are signing the form stating that it is accurate to the best of your knowledge, so use the closest date you can recall. If you're off by a little, it shouldn't matter. Just be as accurate as you can.
9. Good. remember to sign it!

A couple missed items:

1. The check or money order for $535.
2. US passport-eligible photos (1 from you and 1 from your fiance). Put the name of the person on the back of the photo.

Edited May 13, 2017 by geowrian

[AnelDozo 0]

2 minutes ago, geowrian said:

1. Good
2. These should be 2 separate letters...one signed by you and one signed by your fiance (this can be a printed copy of a hand-signed document, but no digital signatures).
3. Be sure to label the photos: Who is in it, when it was taken, and where it was taken.
   1. Photos as secondary evidence of having met in person within the past 2 years. Photos alone probably won't satisfy the requirement. You should also include things like boarding passes, passport stamps (which you are already providing this via your US citizenship proof), hotel receipts, etc.
4. The joint sponsor isn't needed for anything at this stage.
5. Correct for you, but I'll note that the joint sponsor doesn't come into play at this stage.
6. Correct - this will be needed at the interview only. Evidences you provide now may be outdated by the time of the interview (likely 4-5 months from filing). Also, be sure to check if the I-134 version you filed out is still accepted at that time...they update the forms regularly and phase out old versions.
7. This would probably be sufficient, but generally they want a letter from the bank noting: 1. date account opened; 2. total amount deposited for the past year; 3. present balance (http://www.visajourney.com/content/k1guide). I'll note again this is for using assets. If only using income, this isn't necessary.
8. If you're using the latest I-129F, then you don't need the G-325As. If you're using the next-to-latest I-129F, then the G-325As are needed.
   1. If you do need the G-325As, then you would need 1 from you and 1 separate one from your fiance. Each needs to be signed. You can use a printed copy of a hand-signed document from the beneficiary (same as the letter of intent form the beneficiary).
   2. Use your best estimate for hire/termination dates. You are signing the form stating that it is accurate to the best of your knowledge, so use the closest date you can recall. If you're off by a little, it shouldn't matter. Just be as accurate as you can.
9. Good. remember to sign it!

A couple missed items:

1. The check or money order for $535.
2. US passport-eligible photos (1 from you and 1 from your fiance). Put the name of the person on the back of the photo.

Thank you so much, once again! 

 

I simply forgot to mention the passport photos, but I do have those prepared as well. I'm working full steam, as we speak, to have the papers ready come 8am this morning. I've the check prepared as well. In regards to the latest form of the I-129F, I downloaded the one shown on the USCIS website; that one should be the most up-to-date version, correct? 

Just to double and triple check things: At this stage, the affidavit of support, the tax returns for the co-sponsor, and the passport proof of the co-sponsor are not needed at this stage and should not be sent in with the I-129F application? 

 

Last question. I promise. 

[EandH0904 1,184]

I know a female on here who rarely comes on VJ before who had been born overseas and came here and obtained citizenship as a child, had a US passport too but her fiancé visa was denied due to her not having proper naturalization papers. 

 

She ended up getting all dicuments vetufied by uscis before filing cr1 a year later. 

 

Maybe hers is a unique case and not the normal, but they said he wasn't eligible because of the lack of her papers. 

[AnelDozo 0]

20 minutes ago, A'n'L said:

For the initial i129f petition you need:

 

- I129f filled and signed (the new form is amended to make g325a redundant)

- US style and size passport photo of both beneficiary and petitioner

- Petitioners proof of US citizenship (eg copies of ALL pages of his/her passport)

-  One letter of intent to marry from the petitioner, and one from the beneficiary

- Proof of having met in person at least once within the last two years (passport stamps, boarding passes and pictures)

 

Anything related to the affidavit of support and the joint sponsor is not needed at this stage, only at the interview.

Thank you so much! I appreciate all the info that I can get. By what I'm hearing it is enough to have photos and passport stamps as two forms of proof of having met and spent time with my fiancé? 

 

Thank you, once again!

[geowrian 22,338]

8 minutes ago, AnelDozo said:

I simply forgot to mention the passport photos, but I do have those prepared as well. I'm working full steam, as we speak, to have the papers ready come 8am this morning. I've the check prepared as well. In regards to the latest form of the I-129F, I downloaded the one shown on the USCIS website; that one should be the most up-to-date version, correct? 

Yes, but it depends when you downloaded it. The most recent one came out on April 10th this year. Check the edition in the lower left corner of the I-129F. If it says 4/10/17, then that's the latest one. If it says 12/23/16, then that's the previous version. If it's something prior to that, then it's not accepted anymore.

 

Don't use the OMB Expiration Date (on page 1)...that's for OMB use only.

 

Quote

Just to double and triple check things: At this stage, the affidavit of support, the tax returns for the co-sponsor, and the passport proof of the co-sponsor are not needed at this stage and should not be sent in with the I-129F application?

Correct.

 

8 minutes ago, EandH0904 said:

Maybe hers is a unique case and not the normal, but they said he wasn't eligible because of the lack of her papers. 

That is weird. The instructions explicitly state that it's accepted.

 

3. Evidence of U.S. citizenship which may include any of the following:

...

E. A copy of your valid, unexpired U.S. passport or passport card issued with a validity period of at least five years;

 

Edited May 13, 2017 by geowrian

[A'n'L 735]

48 minutes ago, AnelDozo said:

Thank you so much! I appreciate all the info that I can get. By what I'm hearing it is enough to have photos and passport stamps as two forms of proof of having met and spent time with my fiancé? 

 

Thank you, once again!

Photos are secondary evidence, the most important thing is passport stamps and boarding passes/validated tickets. Receipts from hotels or purchases made in the same location is also possible to use (in case you're low on other evidence).

[AnelDozo 0]

19 minutes ago, A'n'L said:

Photos are secondary evidence, the most important thing is passport stamps and boarding passes/validated tickets. Receipts from hotels or purchases made in the same location is also possible to use (in case you're low on other evidence).

One additional question. In terms of work history, in the application it only offers employer 1 and employer 2. Do I have to provide my entire 5 year employment history? 

[A'n'L 735]

16 minutes ago, AnelDozo said:

One additional question. In terms of work history, in the application it only offers employer 1 and employer 2. Do I have to provide my entire 5 year employment history? 

Yes. Use Part 8 if you've had more than two employers.

[Ermin&Zijada 141]

Another Bosnian petitioner! Good luck!