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Posted

I have asked about this before. A friend at work who is using the same lawyer I'm using told me that for the k1 visa petition her birth certificate is also required with the initial paperwork. But I have read where the fiancee birth certificate is not required for the initial paperwork but my friend told me that the lawyer said it is. I am asking anyone who has already been thought the first stage of the k1 visa process if they can tell me whether or not they submitted the beneficiary birth certificate with the initial paperwork or if they didn't need it until the consulate interview. I realize you can submit both birth certificates but I was under the impression that only the US citizen was needed for now. I don't know if my lawyer will even file without both certificates. She is currently working on having hers corrected. The uscis website doesn't mention the alien birth certificate for the initial paperwork. I hope someone can tell me what the truth is about this issue.

Filed: K-1 Visa Country: Philippines
Timeline
Posted
2 minutes ago, Joe98 said:

I have asked about this before. A friend at work who is using the same lawyer I'm using told me that for the k1 visa petition her birth certificate is also required with the initial paperwork. But I have read where the fiancee birth certificate is not required for the initial paperwork but my friend told me that the lawyer said it is. I am asking anyone who has already been thought the first stage of the k1 visa process if they can tell me whether or not they submitted the beneficiary birth certificate with the initial paperwork or if they didn't need it until the consulate interview. I realize you can submit both birth certificates but I was under the impression that only the US citizen was needed for now. I don't know if my lawyer will even file without both certificates. She is currently working on having hers corrected. The uscis website doesn't mention the alien birth certificate for the initial paperwork. I hope someone can tell me what the truth is about this issue.

No beneficiary bc isn’t required with the initial petition, but is at the consulate stage. I didn’t include it 

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted
7 minutes ago, Joe98 said:

I have asked about this before. A friend at work who is using the same lawyer I'm using told me that for the k1 visa petition her birth certificate is also required with the initial paperwork. But I have read where the fiancee birth certificate is not required for the initial paperwork but my friend told me that the lawyer said it is. I am asking anyone who has already been thought the first stage of the k1 visa process if they can tell me whether or not they submitted the beneficiary birth certificate with the initial paperwork or if they didn't need it until the consulate interview. I realize you can submit both birth certificates but I was under the impression that only the US citizen was needed for now. I don't know if my lawyer will even file without both certificates. She is currently working on having hers corrected. The uscis website doesn't mention the alien birth certificate for the initial paperwork. I hope someone can tell me what the truth is about this issue.

The general purpose of the Form I-129F, Petition for an Alien Fiance(e) is for the petitioner (USC) to start the K1 Visa process. At this time, USCIS is collecting info about the petitioner and the beneficiary. However, the main focus at this time is to vet/research the petitioner. Read the official instructions, the statement of the required evidence goes from page 10 through 15, with the specific request for the beneficiary's US citizenship on page 9:

Quote

What Evidence Must You Submit?

You must submit all evidence requested in these Instructions with your petition. If you fail to submit required evidence, USCIS may reject or deny your petition for failure to submit requested evidence or supporting documents in accordance with 8 CFR part 103.2(b)(1) and these Instructions.

Submit the primary evidence listed below to support your petition. If a primary evidence document is not available, you must submit a statement from the appropriate civil authority certifying that the primary evidence is not available.

You must then submit secondary evidence such as church or school records, baptismal certificates, U.S. census records, or other evidence to support your claim. If you can establish that secondary evidence is not available, you may submit two or more sworn affidavits by persons who are not parties to your petition, who were living at the time of the event, and who have direct personal knowledge of the event.

For additional information on required documentation, see the USCIS website at www.uscis.gov/I-129F or refer to theregulations in 8 CFR 214.2(k) that governs petitions for nonimmigrant alien fiancé(e)s and spouses.

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

    1. A copy of your birth certificate issued by a U.S. civil authority;

    2. A copy of your original Certificate of Naturalization;

    3. A copy of your original Certificate of Citizenship;

    4. A copy of your Form FS-240, Report of Birth Abroad of a Citizen of the United States;

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

      or

    6. A statement executed by a U.S. consular officer certifying that you are a U.S. citizen and the bearer of a currently valid U.S. passport.

REF:https://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf

 

Do you see any mention of requesting birth certificate or any related document of the beneficiary? The information for the beneficiary will be required later on in the process, during the visa application and interview phase of the process, at the interviewing embassy/consulate.

 

When in doubt, read the official instructions. :idea: This same information is explained in the VJ step-by-step K1 Visa Guide: https://www.visajourney.com/content/k1guide/ . You should consider finding a more competent lawyer.

 

Good luck on your immigration journey.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Posted

*~*~*procedural question moved from “progress reports” to “process and procedures”*~*~*

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Filed: AOS (apr) Country: Philippines
Timeline
Posted
17 hours ago, Joe98 said:

I have asked about this before. A friend at work who is using the same lawyer I'm using told me that for the k1 visa petition her birth certificate is also required with the initial paperwork. But I have read where the fiancee birth certificate is not required for the initial paperwork but my friend told me that the lawyer said it is. I am asking anyone who has already been thought the first stage of the k1 visa process if they can tell me whether or not they submitted the beneficiary birth certificate with the initial paperwork or if they didn't need it until the consulate interview. I realize you can submit both birth certificates but I was under the impression that only the US citizen was needed for now. I don't know if my lawyer will even file without both certificates. She is currently working on having hers corrected. The uscis website doesn't mention the alien birth certificate for the initial paperwork. I hope someone can tell me what the truth is about this issue.

Time to find a different lawyer 

YMMV

Filed: Other Country: Philippines
Timeline
Posted (edited)
On 11/8/2019 at 5:03 PM, Joe98 said:

I have asked about this before. A friend at work who is using the same lawyer I'm using told me that for the k1 visa petition her birth certificate is also required with the initial paperwork. But I have read where the fiancee birth certificate is not required for the initial paperwork :yes:  but my friend told me that the lawyer said it is.  << IDIOT WITH A LAW DEGREE ????:   I am asking anyone who has already been thought the first stage of the k1 visa process if they can tell me whether or not they submitted the beneficiary birth certificate with the initial paperwork or if they didn't need it until the consulate interview. I realize you can submit both birth certificates but I was under the impression that only the US citizen was needed for now. I don't know if my lawyer will even file without both certificates. She is currently working on having hers corrected. The uscis website doesn't mention the alien birth certificate for the initial paperwork. I hope someone can tell me what the truth is about this issue.

 .... RUN!!!!   Don't walk.      Yikes!!!    Using a lawyer that doesn't appear to have read the instructions sheet for the I-129F on the USCIS website ..  really a bad idea.

 

You can do this yourself ... even USCIS states this on their website.    

 

https://www.visaconnection-philippines.com/uscis-petition-process.html

 

Oh after YOU get your petition filed stop by the Philippines forum ..  good place to visit.  https://www.visajourney.com/forums/forum/129-philippines/

 

 

Edited by Hank_

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

Posted

@Joe98

I'd dump that lawyer before it's too late! Look at you you are here on VJ getting information and guidance which is the right thing to do. Don't be sorry dump the lawyer NOW and save both money and heartache.


4 years, 11 months, 2 weeks and 3 days

Citizenship Complete!

USCIS is like a box of chocolates, you never know what kind of answer you are going to get!!!!

 

 

                                    

 

 

 

 


                                                             

 

 

 

 

 

 
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