K1 Visa denial concerns

[JayHouser 209]

Greetings once again. First off I want to say thank you to all the members of this forum for the plethora of information made available. It truly is an amazing help so I am incredibly grateful.

 

I had some concerns about my denial chances for my K1 Visa. Here is the background

Me: US Citizen. Her El Salvadoran Citizen. She is 28 and I am 27. There is nothing on her background that would be a immediate red flag for immigration (like a criminal record for example)

Relationship has mostly been built online through Facebook and Skype since May of of this year (2017). We talk every day and skype frequently for hours. I did get to visit her for the first time to confirm my feelings in September in person and spent close to a week in her country meeting her family and what not.

I know it may seem soon, but we are taking a 2 week trip together in Japan in December. I was going to propose to her in Tokyo in December on Christmas (She is kind of expecting it) So that would be about 8 months of dating overall. 

 

Under most circumstances, I would date someone for years before marriage, however, because of the distance and the fact that it is very difficult for El Salvadoran citizens to travel (she was denied a USA visa before, but Japan allows El Salvadoran citizens a visa waiver for tourism) I am making this major decision because I love this person truly and this is the only way to make things work. We use translators to speak often and her english is conversational and my spanish is conversational but certainly not a fluent common language. It has not been an issue for us at all and we are continuing to learn each others languages of course. I have financial stability to support her back here as well until she is able to speak English better and become acclimated to the culture here.

 

How should I proceed? I was going to start filing the paperwork after proposing when I return back from my trip in January. Should I use Rapid Visa (they say they have a 99% approval rate). Is my situation going to require a lawyer? Any advice or input would be helpful. 

 

And just a side note, not looking for relationship advice, I understand this is marrying someone I have only met in person once and I also understand the gravity of a serious relationship, I have been in long relationships before and this is not my first rodeo. We seriously intend to have a life together and a family. Thanks again!

[JE57 239]

As I've read thru your post I've seen absolutely nothing to indicate that you don't have a good chance of approval.  You can not actually file the 129F until you are both prepared to sign a letter indicating your intent to marry so after your Japan trip sounds fine.   The time you've been in a relationship will not be a problem from immigration point of view although only you know if it's too fast for you.   The language issue also should be no problem and she can request a translator for the eventual interview if required or it may be that her interviewer may speak spanish (likely in fact).  

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So what can you do.... To be sure you will want to 'front load' your application with relationship proof.  You should include pictures of you together as well as receipts, boarding passes etc that shows time spent together..   I would suggest you think about it as documenting your love story (focusing on the significant events and including pictures receipts etc to 'illustrate it' )

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As for Rapid Visa or Attorneys,  I have nothing against either one but if you are on top of things and are committed to the process you don't need either one and they can actually be a hindrance rather than a help.   Follow the K-1 guide here,  print it out as a check list, recheck everything on that check list.   

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The good folks here will be happy to help you along your way. 

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Be aware on your trip to Japan to be sure to save receipts, boarding passes, and take pictures together.   Don't go out of your way to stage pictures or do things specifically to gather evidence (you don't need that)  Just document all the fun you have.   

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Also bear in mind that her previous denial for a tourist visa has no relevance to the request for a K-1 visa.  (unless she misrepresented her reasons for wanting a tourist visa in the interview in which case let us know the details so you could help her deal with that)

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Do the letter of intent to Marry while in Japan so she doesn't have to send it to you and maybe look thru the process and see if there is anything else you can handle to avoid mailing it later. 

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Finally HAVE A GREAT TRIP to JAPAN!!!!  It''s such an awesome country in my humble opinion and her being from El Salvador you will give her the possibility of seeing snow.  My wife and I are going back for our second time in early January for our 'winter' vacation.   X-Country Skiing, snowshoeing and Onsens in Hakuba! 

[Abdeslam 47]

you can also fill right now and then move to japan  you will be able to win some extra week for your application , some people got approved after spending only 4 days with their fiance

Edited November 9, 2017 by Abdeslam

[geowrian 22,337]

2 hours ago, JayHouser said:

How should I proceed? I was going to start filing the paperwork after proposing when I return back from my trip in January. Should I use Rapid Visa (they say they have a 99% approval rate). Is my situation going to require a lawyer? Any advice or input would be helpful. 

Rapid Visa's "guarantee" and approval rate is only for the I-129F petition...not the actual visa. The I-129F is the longest part in the vast majority of cases (currently 5+ months alone!), but very few are denied. It's mostly procedural....fill out the forms with the same info you would give Rapid Visa, send in some required documents (see the K-1 guide here), and wait.

 

No need for an attorney based on what you've stated. They can't make things go any faster and your case is whatever your case is (which sounds fine to me...).

 

Be sure to read all the instructions for each form in their entirety (even if you do go with Rapid Visa or an attorney...it's still your journey not theirs).

Edited November 9, 2017 by geowrian

[Lee & Lei 42]

Length of time "dating" really doesn't matter -- they look at the totality of the evidence you provide. 

 

Heck, my wife and I only dated for four and a half months before I proposed to her...granted we saw each other several times a week during that period. By the time we actually got married, we had been together for 9 months. 

 

Even though ours was a CR1 instead of a K-1 visa, USCIS still didn't give us any problems. We sent them several pictures, some notarized affidavits including one from myself documenting our love story, some financial documents showing we lived together and had shared accounts, and multiple plane ticket/itineraries showing we had taken trips together. 

 

As far as visa services, it is really up to you. I highly advise AGAINST using an attorney -- it will just add time onto the process and cost you a lot of money without any guarantee of success.  You can use a service like Rapidvisa if you like... I used one called "Filipina Fiancee Visa" to assist with the I-130 and felt like it was worthwhile (I was approved without any RFEs, so...) 

Really the only concern I could see is that the CO who does your interview might find it odd that neither of you are fluent in each other's language and must use translators to communicate. But you can overcome this doubt by ensuring you have prepared plenty of evidence showing your commitment to each other. 

[JayHouser 209]

Wow, thank you all for the quick responses!

 

My major concern is the fact we do not share a common language, as I seen some people on this forum apparently denied for that reason in different countries.

 

I plan on attaching our skype logs, facebook messages, photos from both my trip to her country and the future japan trip, travel documents and boarding passes, pictures of the ring, and some basic information about the wedding as proof of commitment. I can also attach some evidence to show I am learning a new language and the place where she will be learning english here if needed.

[N-o-l-a 7,167]

34 minutes ago, JayHouser said:

Wow, thank you all for the quick responses!

 

My major concern is the fact we do not share a common language, as I seen some people on this forum apparently denied for that reason in different countries.

 

I plan on attaching our skype logs, facebook messages, photos from both my trip to her country and the future japan trip, travel documents and boarding passes, pictures of the ring, and some basic information about the wedding as proof of commitment. I can also attach some evidence to show I am learning a new language and the place where she will be learning english here if needed.

 

Her English is conversational and your Spanish is conversational.  This is not a reason for denial.  The people who get denied for not sharing a common language can often times not communicate at all effectively through any means.  

[JayHouser 209]

Okay and by conversational just to be clear I mean that we can have basic communication such as asking how you are doing, where do you want to eat, what do you want to do for the day, etc. When I was on  my trip I had my translator out for everything else. 

[implife 318]

3 hours ago, JayHouser said:

Okay and by conversational just to be clear I mean that we can have basic communication such as asking how you are doing, where do you want to eat, what do you want to do for the day, etc. When I was on  my trip I had my translator out for everything else. 

So that's your explanation to a possible question about communication: we use a translator. (I'm assuming you mean google translate app or similar)

[Unshakable Faith 493]

As long as both of you have the intention to get married you can file now and have the I-112F processing and when you go to the visa interview (after your petition is approved) you can also show the subsequent visits that you had.

 

She can scan any documents to you that you need and you can print them out.

 

If you don't mind waiting until after December then you can choose either way.

[lu_pomponet 0]

I think not having a common fluent language between english and spanish is one thing (as you guys can easily learn each other's languages) - not having a common language between english and some arabic language is a whole new history - you know what I mean?

 

Just do a lot of research, keep a lot of evidence and you'll be fine. No need of a lawyer.

 

I suggest keeping communications as well - printing screens, emails, etc. Also, meeting each other's family is always a good sign - have you met hers yet? Be sure to add a picture of all of you together, if available.

 

I wish you luck!!

[N & A 96]

Hey there, if you plan on filing right after your Japan trip I think it would be a good idea to read through the I-129 F and take any documents you may need her to sign to avoid wasting additional time/ money sending documents back and forth. Good luck!

[Umka36 781]

When my wife and I started our relationship, she didn't speak any English. When I first visited her, we used a dictionary instead of an electronic translator. Using a dictionary probably helped her grasp the English language quicker. It's actually quite humorous when reading our old notes, and we'll share it with our boys when they get older on how their mom and dad from different parts of the world started their journey together.

 

I had also visited my wife 5 time ranging from 2-4 weeks each time. Make sure you keep records of communication/trips together and send them with the K1 petition (the CO did look them over and asked questions about our trips together, and family). I was at her K1 interview to provide moral support, and fortunately this embassy allowed the fiancé to be at the interview.

[JayHouser 209]

Thanks for all the great answers! One last thing...I just started reviewing the forms as per your advise and I noticed the criminal history portion. I have a petty theft conviction from 2012 and one withheld from 2009. I thought those charges wouldn't be relevant but I noticed they ask for all criminal history. Is this going to be an issue? It was my stupid days and since then I got my life together and finished college.

[JenD 180]

I'm going to chime in and say you don't need a lawyer. In my personal experience, it's just another chance for a mistake on your application (happened to me). You have a legitimate relationship, and you seem like a smart and thorough person, so I don't think you will have a problem (other than having to wait a long time, which all of us are going through).