K1 pre filing - Many questions.

[Sav&Har 142]

Since there is quite a few question from all variety on this post and some might address an specific concern/question with some background. I separated each with a sub-title so it might be easier for you to address the one you know of. So I am the beneficiary. We have been together for about a 1yr and a month, my fiance was visiting me for the first time, she left about a week ago and was with me for 47 days, she got to meet my family and friends, now that the difficulty of being separated has hit us hard we want to close the gap as soon as possible, I was recently denied on a B2 visa as well. So we started researching the process to then fill and hopefully send the application early November. So here are a few questions, mostly regarding about the filling.

 

Last US visit

Back in 2009, I visited for a short stay 12-15 days as a UN (United Nations) Model, a school trip/activity from high school. I was issued a 1-year-1-entry visa I believe. I really don't know which type was it was or anything. In the 129F filling instructions it ask for the document entry/departure i94 record as a form of evidence. But I haven't keep those documents, I probably was issued one but I definitely had lost it and also my passport has been reported as lost and renewed twice since then, I am unable to find them not even online. There is some form to request them but the filing fee is like $400-something. Has anyone got an RFE for not submitting them? 

 

Previous marriage

My fiance was married before, they had broke up (due him cheating) they both agreed and wanted divorce, that was like 2-3 months before I initially came into her life. However, because they both not having the money and him not wanting to cooperate in the financial part of the divorce cost to be finalized, they remained legally married until about early March-April this year when my fiance paid for all of the cost of the divorce, she finally go her name back. In the eyes of an immigration officer does a situation like this can be seen as a red flag, I mean, me be thought or assumed as the cause of her divorce or something like that? if so, maybe a letter explaining why they didn't divorce right away would suffice?

 

Letter of Intent and other documents (of beneficiary)

How do I do about sending some of my documents like, birth certificate and letter of intent? Do I have to scan them and send over internet or do I have to physically mail to her? 

 

Non-typeable boxes in form

The 129F form has some boxes that are not typeable (i.e name of the previous spouse [petitioner]). I suppose, she should leave in blank, print and then write in black ink, correct? or what should we do?

 

Section 3 (Additional info) of the 129F form

Is that information is about the petitioner (me) or the beneficiary?

 

Initial meeting

Our initial meeting was through Facebook. Does it fall into IMBRA? do we have to summit evidence that Facebook is not a IMBRA?

 

I think that is about it for now. I would really appreciate your help. Thanks.

[shawndee 47]

15 minutes ago, Sav&Har said:

I can help with these:

 

Letter of Intent and other documents (of beneficiary)

How do I do about sending some of my documents like, birth certificate and letter of intent? Do I have to scan them and send over internet or do I have to physically mail to her? 

You can send copies of your birth certificate to your fiance, they don't have to be originals. However, you must send the letter of intent (and anything that you have to sign) with a "wet" signature. So, you might as well just send it all to your fiance by mail.

 

Quote

Non-typeable boxes in form

The 129F form has some boxes that are not typeable (i.e name of the previous spouse [petitioner]). I suppose, she should leave in blank, print and then write in black ink, correct? or what should we do?

I just left those blank and wrote them in with black ink after printing the pages out.

 

Quote

 

Section 3 (Additional info) of the 129F form

Is that information is about the petitioner (me) or the beneficiary?

That info is for the petitioner to fill in about themselves.

 

Edited October 4, 2017 by shawndee
spelling

[KULtoATL 1,551]

46 minutes ago, Sav&Har said:

Since there is quite a few question from all variety on this post and some might address an specific concern/question with some background. I separated each with a sub-title so it might be easier for you to address the one you know of. So I am the beneficiary. We have been together for about a 1yr and a month, my fiance was visiting me for the first time, she left about a week ago and was with me for 47 days, she got to meet my family and friends, now that the difficulty of being separated has hit us hard we want to close the gap as soon as possible, I was recently denied on a B2 visa as well. So we started researching the process to then fill and hopefully send the application early November. So here are a few questions, mostly regarding about the filling.

 

Last US visit

Back in 2009, I visited for a short stay 12-15 days as a UN (United Nations) Model, a school trip/activity from high school. I was issued a 1-year-1-entry visa I believe. I really don't know which type was it was or anything. In the 129F filling instructions it ask for the document entry/departure i94 record as a form of evidence. But I haven't keep those documents, I probably was issued one but I definitely had lost it and also my passport has been reported as lost and renewed twice since then, I am unable to find them not even online. There is some form to request them but the filing fee is like $400-something. Has anyone got an RFE for not submitting them? 

Contact CBP to conduct a passport query, the one which you used to travel to the US in 2009. The only I-94 record that can be found on the I-94 retrieval website is only up to last 5 years.

 

Previous marriage

My fiance was married before, they had broke up (due him cheating) they both agreed and wanted divorce, that was like 2-3 months before I initially came into her life. However, because they both not having the money and him not wanting to cooperate in the financial part of the divorce cost to be finalized, they remained legally married until about early March-April this year when my fiance paid for all of the cost of the divorce, she finally go her name back. In the eyes of an immigration officer does a situation like this can be seen as a red flag, I mean, me be thought or assumed as the cause of her divorce or something like that? if so, maybe a letter explaining why they didn't divorce right away would suffice?

Writing a letter is easy so yes, I personally think she should write a letter to explain the situation so that the adjudicator and consular officer will not have unanswered questions or unnecessary doubts. Make sure you know the content of the letter because who knows, the consular officer may ask you something concerning her divorce and your response must be consistent with her letter's contents

 

Letter of Intent and other documents (of beneficiary)

How do I do about sending some of my documents like, birth certificate and letter of intent? Do I have to scan them and send over internet or do I have to physically mail to her? 

You can scan and then have her print them in the US or you can print and mail them to her. For the letter of intent, best to send her a copy with your original/wet signature. Always use a trackable mail service for your own peace of mind.

 

Non-typeable boxes in form

The 129F form has some boxes that are not typeable (i.e name of the previous spouse [petitioner]). I suppose, she should leave in blank, print and then write in black ink, correct? or what should we do?

Print and write with black pen.

 

Section 3 (Additional info) of the 129F form

Is that information is about the petitioner (me) or the beneficiary?

This is concerning the petitioner.

 

Initial meeting

Our initial meeting was through Facebook. Does it fall into IMBRA? do we have to summit evidence that Facebook is not a IMBRA?

It depends on the adjudicator. Some might still issue you a RFE asking for IMBRA proof. To save yourself some time and unnecessary delay, just print Facebook's TOS and attach it to the petition. Sorry, I like to address all potential concerns in advance  I don't mind more paper because I seriously do not need additional processing times. LOL.

 

I think that is about it for now. I would really appreciate your help. Thanks.

 

[geowrian 22,337]

51 minutes ago, shawndee said:

However, you must send the letter of intent (and anything that you have to sign) with a "wet" signature.

The beneficiary doesn't need a wet signature for the letter of intent to marry. That hasn't been required for at least the past few years. They can print, sign, scan, and send to the US-based fiance.

 

1 hour ago, Sav&Har said:

Last US visit

Back in 2009, I visited for a short stay 12-15 days as a UN (United Nations) Model, a school trip/activity from high school. I was issued a 1-year-1-entry visa I believe. I really don't know which type was it was or anything. In the 129F filling instructions it ask for the document entry/departure i94 record as a form of evidence. But I haven't keep those documents, I probably was issued one but I definitely had lost it and also my passport has been reported as lost and renewed twice since then, I am unable to find them not even online. There is some form to request them but the filing fee is like $400-something. Has anyone got an RFE for not submitting them? 

On the I-129F, the section that asks for the I-94 is only if you are currently within the US:

"If your beneficiary is currently in the United States, complete Item Numbers 38.a. - 38.h."

 

1 hour ago, Sav&Har said:

Previous marriage

My fiance was married before, they had broke up (due him cheating) they both agreed and wanted divorce, that was like 2-3 months before I initially came into her life. However, because they both not having the money and him not wanting to cooperate in the financial part of the divorce cost to be finalized, they remained legally married until about early March-April this year when my fiance paid for all of the cost of the divorce, she finally go her name back. In the eyes of an immigration officer does a situation like this can be seen as a red flag, I mean, me be thought or assumed as the cause of her divorce or something like that? if so, maybe a letter explaining why they didn't divorce right away would suffice?

She may be asked about it at the interview, but that in itself isn't a cause for concern. She's not the first person to postpone finalizing a divorce with immigration. Providing an explanation beforehand won't be read by USCIS (it as it's not pertinent to the I-129F), but may provide some context for the CO. Personally I'd focus on proving how the current relationship is legitimate, not past marriages. My general guidance is don't volunteer unrequested information since you may end up shooting yourself in the foot later. YMMV.

 

1 hour ago, Sav&Har said:

Initial meeting

Our initial meeting was through Facebook. Does it fall into IMBRA? do we have to summit evidence that Facebook is not a IMBRA?

Facebook is not categorically an IMB. An IMB can use Facebook as a medium, though. While probably not absolutely necessary, it would be beneficial to describe that you met through Facebook via <xyz> page/friend/whatever, and then decided to message each other. If you have the first messages to each other, you can include a screenshot of that. And print a copy of the TOS just in case (https://www.facebook.com/terms).

Edited October 4, 2017 by geowrian

[Sav&Har 142]

Omg. Thank you so much all of you for the very detailed information. Really appreciate all the help.

 

So concerning the i94, since there is too much hastle, should I just not summit it?

That is really a good point, @geowrian. We will avoid any mentioning about it then, if we are asked. Me or her, its fine. I know as much as her, because she is very open with me, even since we started dating. In fact she has been trying to do it since November last year and he was unable to cooperate due the amount to spend, and that he could do it later. Back then the intention were simply that she just wanted to get her name back. She even threw a small party because of it. xD

We're going to do that then, and include the Facebook TOS.

Another more questions that raised. We're currently just gathering evidence, and we're trying to get as much as we can. 

1. She throughout the past year has sent me a few physical cards (Birthday, Christmas etc), its geneally easier to send from the US to here than vise versa so I was unable to do the same for her. As a secondary evidence, even though they were sent by her can we include a copy of these cards?
2. I used to send gifts or birthday preset via Amazon orders or digital gift cards for Steam/Restaurants, on my name (cards) and to her address, can we include that too? What about copy of receipts of purchases she made in stores during her visit (albeit they are in Spanish) that she made using her card and the billing statement? There are no hotel receipts as her stay was at my house the whole time.
3. She post most of her life on Facebook, do screenshots of public post that are about us and interaction with friends and family, can help too?
4. We might need a co sponsor as she likely will not met the financial requirement by then, If she gets a co sponsor that makes well above the 125% poverty guidelines. For the interview, do they have to fill the i864 AOS or just the i134?
5. Finally and sorry for many so questions, I mentioned My birth certificate (beneficiary) (and translation) but isn't it needed until the interview, right? or does it have to be submitted at initial filling?

Edited October 5, 2017 by Sav&Har

[geowrian 22,337]

4 minutes ago, Sav&Har said:

1. She throughout the past year has sent me a few physical cards (Birthday, Christmas etc), its geneally easier to send from the US to here than vise versa so I was unable to do the same for her. As a secondary evidence, even though they were sent by her can we include a copy of these cards?

2. I used to send gifts or birthday preset via Amazon orders or digital gift cards for Steam/Restaurants, on my name (cards) and to her address, can we include that too? What about copy of receipts of purchases she made in stores during her visit (albeit they are in Spanish) that she made using her card and the billing statement? There are no hotel receipts as her stay was at my house the whole time.
3. She post most of her life on Facebook, do screenshots of public post that are about us and interaction with friends and family, can help too?
4. We might need a co sponsor as she likely will not met the financial requirement by then, If she gets a co sponsor that makes well above the 125% poverty guidelines. For the interview, do they have to fill the i864 AOS or just the i134?
5. Finally and sorry for many so questions, I mentioned My birth certificate (beneficiary) (and translation) but isn't it needed until the interview, right? or does it have to be submitted at initial filling?

1. The cards wouldn't be used by USCIS for the I-129F, but can be included as frontloading of relationship evidence so the CO sees it beforehand.
2. Same as #1 regarding gifts & cards. The receipts showing purchases in the same town as where she was staying with you would help as evidence that you met within the past 2 years (translations should be included as needed).
3. It can. The thing with Facebook is if you use it as relationship evidence is that the CO could (and have) told applicants that they just made it for immigration purposes. This is usually with high fraud embassies, though...like Nigeria, Ghana, Pakistan, Morocco, etc. In your case, I don't see an innate harm in including it, so go ahead if you want. Again, it's just frontloading of relationship evidence...USCIS won't review it with the I-129F itself.
4. A co sponsor would fill out an I-134 for the K-1 visa. If she needs a joint sponsor at the time of filing for AOS, then the joint sponsor would also fill out an I-864.
5. Correct - the beneficiary's birth certificate is not needed for the I-129F. It will be presented at the interview.

[Sav&Har 142]

29 minutes ago, geowrian said:

1. The cards wouldn't be used by USCIS for the I-129F, but can be included as frontloading of relationship evidence so the CO sees it beforehand.
2. Same as #1 regarding gifts & cards. The receipts showing purchases in the same town as where she was staying with you would help as evidence that you met within the past 2 years (translations should be included as needed).
3. It can. The thing with Facebook is if you use it as relationship evidence is that the CO could (and have) told applicants that they just made it for immigration purposes. This is usually with high fraud embassies, though...like Nigeria, Ghana, Pakistan, Morocco, etc. In your case, I don't see an innate harm in including it, so go ahead if you want. Again, it's just frontloading of relationship evidence...USCIS won't review it with the I-129F itself.
4. A co sponsor would fill out an I-134 for the K-1 visa. If she needs a joint sponsor at the time of filing for AOS, then the joint sponsor would also fill out an I-864.
5. Correct - the beneficiary's birth certificate is not needed for the I-129F. It will be presented at the interview.

Thank you so much again for your continuous help to the community, I have lurked around before and I know you help a lot here. One last question, for now xD. When you said they can be included as frontloading of the relationship but won't be reviewed/used by USCIS with much importance for the I-129F filling, do you mean that they would help more at the moment of the interview?

 

as for translating those kind of documents (receipts Walmart or store like receipts) I guess, a translation can be done by us?

[geowrian 22,337]

1 minute ago, Sav&Har said:

Thank you so much again for your continuous help to the community, I have lurked around before and I know you help a lot here. One last question, for now xD. When you said they can be included as frontloading of the relationship but won't be reviewed/used by USCIS with much importance for the I-129F filling, do you mean that they would help more at the moment of the interview?

 

as for translating those kind of documents (receipts Walmart or store like receipts) I guess, a translation can be done by us?

Thanks.

I'm just saying they won't impact the I-129F adjudication. It doesn't make them any more/less valuable at the interview phase. Frontloading lets the CO see them beforehand. While it shouldn't matter, there is suspicion that some COs may form an opinion before the actual interview...and with certain high fraud embassies, even forming much of a decision before the interview begins. Full disclosure: I did not frontload at all and had no issues, but I knew that's acceptable to USEM COs. With other embassies, frontloading can be much more valuable.

 

It can be...you don't need a certified translation for USCIS. Just follow the guide here if you do it yourself: http://www.visajourney.com/content/translations

[Sav&Har 142]

14 hours ago, geowrian said:

Thanks.

I'm just saying they won't impact the I-129F adjudication. It doesn't make them any more/less valuable at the interview phase. Frontloading lets the CO see them beforehand. While it shouldn't matter, there is suspicion that some COs may form an opinion before the actual interview...and with certain high fraud embassies, even forming much of a decision before the interview begins. Full disclosure: I did not frontload at all and had no issues, but I knew that's acceptable to USEM COs. With other embassies, frontloading can be much more valuable.

 

It can be...you don't need a certified translation for USCIS. Just follow the guide here if you do it yourself: http://www.visajourney.com/content/translations

Really appreciate your help. I thinks thats it for now. xD

[swalker 137]

Previous Marriage: I had a similar situation. I was married from 2005 to 2009, but really my husband and I were together only  a year or so. We parted as friends and moved on, putting the actual divorce on the back burner. I've been with my fiancée from before then and had this exact same question when filing. I posted it here in the forum and everyone responded that the overlapping dates were not an issue. They were right--it wasn't. It wasn't even brought up.

Good luck!

[Sav&Har 142]

1 hour ago, swalker said:

Previous Marriage: I had a similar situation. I was married from 2005 to 2009, but really my husband and I were together only  a year or so. We parted as friends and moved on, putting the actual divorce on the back burner. I've been with my fiancée from before then and had this exact same question when filing. I posted it here in the forum and everyone responded that the overlapping dates were not an issue. They were right--it wasn't. It wasn't even brought up.

Good luck!

Thank you so much. Much more peace of mind.