Can I get some feedback on my evidence?

[MissyBunch 3]

Hi All. So my partner and I are nearly ready to submit our k1 application and I was hoping to get some feedback on the evidence that we're sending in. Here is the list of what we have: 

• 4 x photos from my last visit 
• My flight itinerary 
• Hotel receipt 
• Screenshot of his train ticket to meet me in NYC 
• 3 x cards/letters that we've sent 
• 15 x screenshots from WhatsApp (5 from my visit to see him and 10 from when we are apart) 
• 4 x screenshots from when we video call 

Do you think that this is enough to prove that we've met and prove our ongoing relationship? 

 

Also, I was just looking online to see if there was a checklist of requirements for the K1 and I couldn't see anything. Does anyone know if such a document exists and if so where can I find it? I feel like every time I think I have it all together there's something I've forgotten. 

 

Hope you're all staying safe out there! 

[SteveInBostonI130 3,434]

Hi.

 

I assume your meeting was within the past 2 years?  A copy of your passport page with the US entry stamp and/or your I-94 record would help.

 

You haven't mentioned the letters of intent from each of you, that you are intending to marry each other within 90 days of entry after receiving the K-1.  They also need to know how you met, but you can fill that out in the I-129F form directly.

 

Relationship evidence doesn't have to be extensive for a K-1.  Just how you met, that you physically met within the last 2 years, and you intend to marry each other.  You should bring relationship evidence later, at the interview.

 

Edited August 9, 2020 by SteveInBostonI130

[MissyBunch 3]

50 minutes ago, SteveInBostonI130 said:

Hi.

 

I assume your meeting was within the past 2 years?  A copy of your passport page with the US entry stamp and/or your I-94 record would help.

 

You haven't mentioned the letters of intent from each of you, that you are intending to marry each other within 90 days of entry after receiving the K-1.  They also need to know how you met, but you can fill that out in the I-129F form directly.

 

Relationship evidence doesn't have to be extensive for a K-1.  Just how you met, that you physically met within the last 2 years, and you intend to marry each other.  You should bring relationship evidence later, at the interview.

 

Thanks for the advice! I'll include the passport and I-94 record too  

 

We have met in the last 2 years, although it feels like a lifetime because nobody is allowed in or out of Australia right now. We do have the letters of intent to marry from both of us as well as a cover letter. We still have a little work to do on the part that details how we met. We've both found it really difficult to put of lives on paper without feeling like we're sharing too much with strangers. 

 

You said that we don't have to submit relationship evidence until the interview - I've heard that we have to include it as part of the explanation of how we met. Am I misinformed? 

 

Thanks again. Great advice! 

[Crazy Cat 41,845]

 

2 hours ago, MissyBunch said:

Also, I was just looking online to see if there was a checklist of requirements for the K1 and I couldn't see anything. Does anyone know if such a document exists and if so where can I find it?

Have you studied the VJ guides?  

 

Have you considered a CR-1 visa instead of the K-1?  You can marry either inside or outside the US before submitting the I-130.

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Slightly slower arrival in the US 

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

 

[payxibka 10,045]

2 hours ago, MissyBunch said:

Hi All. So my partner and I are nearly ready to submit our k1 application and I was hoping to get some feedback on the evidence that we're sending in. Here is the list of what we have: 

• 4 x photos from my last visit 
• My flight itinerary 
• Hotel receipt 
• Screenshot of his train ticket to meet me in NYC 
• 3 x cards/letters that we've sent 
• 15 x screenshots from WhatsApp (5 from my visit to see him and 10 from when we are apart) 
• 4 x screenshots from when we video call

You only need to prove to the USCIS that you have met.  Not much of what you listed does that.

[Boiler 45,486]

Also wondering why you are going K1?

[carmel34 3,626]

4 hours ago, MissyBunch said:

My flight itinerary

best evidence of meeting is actual boarding passes, and passport stamps

 

you didn't mention either of those, so include them if you have them

[SalishSea 17,827]

For the petition, there is no need to 'prove ongoing relationship.'   The requirement is to show evidence of having met once during the preceding two year period.  I have noticed that USCIS seems to be issuing more RFEs for this requirement recently, so in light of that I would say that you don't have great evidence.  Photographs together generally don't show when you met.  Flight itineraries don't show that travel occurred.  WhatsApp/chat logs etc are not considered at all in this context.

 

You need passport stamps and boarding passes to use as evidence that travel occurred during the required timeframe.

 

Also, I would agree with the others that since you haven't filed yet, CR-1 would be the better choice.  K-1s are not considered mission-critical, so with the embassies only processing visas minimally, K-1s are on hold.  In addition, the fees for AOS are more than doubling in October.  Also - the overall processing times for K-1 and CR-1 are now comparable.

 

There is a printable check-list/instructions on the USCIS.gov site that accompanies the I-129F petition.  I strongly suggest using that.

[SteveInBostonI130 3,434]

12 hours ago, MissyBunch said:

Thanks for the advice! I'll include the passport and I-94 record too  

 

We have met in the last 2 years, although it feels like a lifetime because nobody is allowed in or out of Australia right now. We do have the letters of intent to marry from both of us as well as a cover letter. We still have a little work to do on the part that details how we met. We've both found it really difficult to put of lives on paper without feeling like we're sharing too much with strangers. 

 

You said that we don't have to submit relationship evidence until the interview - I've heard that we have to include it as part of the explanation of how we met. Am I misinformed? 

 

Thanks again. Great advice! 

You don't have to overthink the "how you met" part.  I could be as simple as "we swiped right on Tinder".  Or that you met while travelling.  Or on March.com.   The only thing to take note is if you met on a marriage broker site or service.  That requires more evidence that the marriage broker adhered to certain guidelines and procedures.

 

The passport stamp/I-94, boarding pass, photos of you together, along with a cover letter detailing the date and place of your meeting should suffice for the "having met in the past 2 years".

 

[Asterix78 27]

I included the following as listed in the cover letter, which you should also include. Templates for the 129F cover letter are widely available on the internet and the main point of them is to list what's in the package. My case was approved quickly with no additional info requested. In the package was:

 

1.     Form G-1145 – e-Notification of Petition Acceptance;

2.     A check for the amount of $535.00 to cover the filing fee; 

3.     Form I-129F Petition for Alien Fiancé(e);

4.     Petitioner’s Certificate of Naturalization; (proof of my citizenship)

5.     Passport-style photos of the petitioner and beneficiary; (write name of person on the back of each)

6.     Petitioner’s Judgement of Dissolution of Marriage; (proof of my divorce)

7.     Beneficiary’s latest I-94 form and associated approved ESTA application showing Petitioner’s name and address for the latest visit; (goes with #9 below to show she came to visit me in the States. My name is all over that ESTA. AI-94 also shows she is no longer in the US).

8.     Declarations of intent to marry within 90 days from the petitioner and beneficiary; (Template for this also available on the internet - you need one for each of you, and signed)

9.     Evidence of in-person meetings, including photos and airline reservations/boarding passes. (this is boarding passes/hotel reservations/photos from our initial meeting, and the same for our subsequent meeting a couple of months later, just before the package was submitted). I paper clipped together all items that belonged to a single trip. 

[HRQX 4,145]

13 hours ago, Boiler said:

Also wondering why you are going K1?

Because OP and fiance aren't currently physically together and one of them is inside of Australia:

• "If you are an Australian citizen or a permanent resident you cannot leave Australia due to COVID-19 restrictions unless you have an exemption." https://covid19.homeaffairs.gov.au/leaving-australia
• "You cannot come to Australia unless you are in an exempt category or you have been granted an individual exemption to the current travel restrictions." https://covid19.homeaffairs.gov.au/travel-restrictions-0

3 hours ago, Jorgedig said:

Also, I would agree with the others that since you haven't filed yet, CR-1 would be the better choice.

In general cases, I would agree. But for OP's case, see above. Thus, where would they marry? And how?

Edited August 10, 2020 by HRQX

[SalishSea 17,827]

55 minutes ago, HRQX said:

Because OP and fiance aren't currently physically together and one of them is inside of Australia:

• "If you are an Australian citizen or a permanent resident you cannot leave Australia due to COVID-19 restrictions unless you have an exemption." https://covid19.homeaffairs.gov.au/leaving-australia
• "You cannot come to Australia unless you are in an exempt category or you have been granted an individual exemption to the current travel restrictions." https://covid19.homeaffairs.gov.au/travel-restrictions-0

In general cases, I would agree. But for OP's case, see above. Thus, where would they marry? And how?

In that case, the beneficiary won't be able to come to the US to marry anyway, without an exemption.  The K-1 will not be faster IMHO.

[HRQX 4,145]

19 minutes ago, Jorgedig said:

In that case, the beneficiary won't be able to come to the US to marry anyway, without an exemption.

True, but way higher odds on getting exit exemption as K-1 traveler than VWP traveler:

Australia isn't keen on their citizens and PRs possibly catching Covid abroad and bringing it back to Australia.

19 minutes ago, Jorgedig said:

The K-1 will not be faster IMHO.

That is debatable for OP's case. Maybe Australia's strict actions could result in resumption of routine K-1 issuance in Sydney. Otherwise, they could aim for the few K-1 issuance in Sydney. Not optimal situation, of course.

Edited August 10, 2020 by HRQX

[MissyBunch 3]

2 hours ago, HRQX said:

True, but way higher odds on getting exit exemption as K-1 traveler than VWP traveler:

Australia isn't keen on their citizens and PRs possibly catching Covid abroad and bringing it back to Australia.

That is debatable for OP's case. Maybe Australia's strict actions could result in resumption of routine K-1 issuance in Sydney. Otherwise, they could aim for the few K-1 issuance in Sydney. Not optimal situation, of course.

Lots of debate and speculation about this. I'm in Melbourne which is currently under stricter lockdown than anywhere else in the world. I only stand a shadow of a chance of being able to leave on a K1 and if that's my only chance I'll fight for it. There have been circumstances where a few people have been allowed to leave on these kinds of visas. From my research the travel ban has been overturned after proving without a doubt that you aren't coming back to Australia if you leave, at least until the pandemic is over. A CR1 would have been our first choice but we're looking at the possibility of being apart for perhaps years because of Covid. And even then once Covid is over my understanding is that bringing spouses of US citizens into the US will no longer be 'mission critical', so our timeline is just pushed out further and further. The worst thing I can do is nothing so I'm doing this. 

[SmallTownPA 72]

• 4 x photos from my last visit 
• My flight itinerary 
• Hotel receipt 
• Screenshot of his train ticket to meet me in NYC 
• 3 x cards/letters that we've sent 
• 15 x screenshots from WhatsApp (5 from my visit to see him and 10 from when we are apart) 
• 4 x screenshots from when we video call 

No value at all.  They do not prove MEETING IN PERSON.  Do the '4 photos' include BOTH of you? 

 

You need to include the entry AND exit stamp from the passport.  The entire page.

Copies of the ACTUAL boarding passes.

 

You evidence is poor and does not meet the I-129F criteria proving MEETING IN PERSON.

 

There is NO REQUIREMENT to prove 'continuing relationship' for an I-129F.  Only that you met at least ONCE in the past two years and that you intend to marry (you should both have signed letters of intent to marry within 90 days of arrival in the US).

 

You seriously need to READ THE I-129F instructions again.

 

Edited August 10, 2020 by SmallTownPA