Evidence for going back to US

[h&m89 3]

Hi VJers,

 

We got our NOV2 a few days ago and starting to work on our papers and evidence right now but we ran into a few confusing advice from our agency:

 

Little bit about background:

 - We started dating 4 years ago and were colleagues back then

 - My fiancee moved from US to VN to work since 2017 so we've been living together since (same company, different location)

 - We filed K1 visa as we weren't really thinking too far (we get engaged so filed for k1 - didn't really think about the benefits of CR1)

 - Hiccups: I tried to apply for tourist visa 3 times but rejected before we filed for k1

 

Questions:

- Our agency advised us to find some evidence that my fiancee will go back to US once we get our k1 approved. I actually have no idea what it should be because the only reason we file for k1 so that when he go back to US, we will get married and be together there. Can you recommend some evidence that we can gather before the interview? 

- Said we need to wait for the case number then file DS160 and schedule interviews, no need to wait for PK3. Is this true? (is pk3 similar within same Embassy or different for each individual?)

- Job in US: Fiancee is working for the VN location so contract is for VN office. Once we move to US, he can continue working in the company but will have to redo his contract. Does he need a US job (contract from US company) or is it ok for interview until we decide to move back (within 6 months of the final approval/visa date)?

 

Appreciate all the helps!

Edited January 11, 2021 by h&m89

[Greenbaum 12,259]

7 hours ago, h&m89 said:

Hi VJers,

 

We got our NOV2 a few days ago and starting to work on our papers and evidence right now but we ran into a few confusing advice from our agency:

 

Little bit about background:

 - We started dating 4 years ago and were colleagues back then

 - My fiancee moved from US to VN to work since 2017 so we've been living together since (same company, different location)

 - We filed K1 visa as we weren't really thinking too far (we get engaged so filed for k1 - didn't really think about the benefits of CR1)

 - Hiccups: I tried to apply for tourist visa 3 times but rejected before we filed for k1

 

Questions:

- Our agency advised us to find some evidence that my fiancée will go back to US once we get our k1 approved. I actually have no idea what it should be because the only reason we file for k1 so that when he goes back to US, we will get married and be together there. Can you recommend some evidence that we can gather before the interview? 

- Said we need to wait for the case number then file DS160 and schedule interviews, no need to wait for PK3. Is this true? (is pk3 similar within same Embassy or different for each individual?)

- Job in US: Fiancee is working for the VN location so contract is for VN office. Once we move to US, he can continue working in the company but will have to redo his contract. Does he need a US job (contract from US company) or is it ok for interview until we decide to move back (within 6 months of the final approval/visa date)?

 

Appreciate all the helps!

 

- Our agency advised us to find some evidence that my fiancée will go back to US once we get our k1 approved. I actually have no idea what it should be because the only reason we file for k1 so that when he goes back to US, we will get married and be together there. Can you recommend some evidence that we can gather before the interview?

 

A letter from the employer stating that is employment position will transfer to the US upon approval of the K-1 visa. Many of us would have advise you to get married and file the I-130, Petition for Alien Relative which would have been easier, faster, and less costly. Of course, with added benefits then the K-1.

 

- Said we need to wait for the case number then file DS160 and schedule interviews, no need to wait for PK3. Is this true? (is pk3 similar within same Embassy or different for each individual?)

 

You can call NVC and get your case number. Details are in this handy guide: NOA 2 First Page of new Month.pdf - Google Drive

P3 letter from the embassy outlines what, where and when to do things in order to have a smooth interview. P3 can be found on the embassy website but I'll post the links here:

 

 

P3 Letter

https://vn.usembassy.gov/visas/immigrant-visas/required-documents/

https://vn.usembassy.gov/wp-content/uploads/sites/40/K-Instruction-Package.pdf

 

- Job in US: Fiancée is working for the VN location so contract is for VN office. Once we move to US, he can continue working in the company but will have to redo his contract. Does he need a US job (contract from US company) or is it ok for interview until we decide to move back (within 6 months of the final approval/visa date)? 

 

I'm confused about this last statement. As I see it, you have come all this way only to decide if you will return to the US. The sole idea behind a K-1 visa is to bring your fiancé to the US, marry and then file for AOS. If you do not use the visa it will die, and you will have to refile at some time. Again, if you are questioning this you should have done a CR-1/IR-1 visa using the I-130, Petition for Alien Relative form.

 

[h&m89 3]

Thanks a lot @Greenbaum

 

Quote

A letter from the employer stating that is employment position will transfer to the US upon approval of the K-1 visa. Many of us would have advise you to get married and file the I-130, Petition for Alien Relative which would have been easier, faster, and less costly. Of course, with added benefits then the K-1.

Awesome, that makes sense. We'll talk to them and ask if they can give us that letter.

 

Quote

You can call NVC and get your case number. Details are in this handy guide: NOA 2 First Page of new Month.pdf - Google Drive

P3 letter from the embassy outlines what, where and when to do things in order to have a smooth interview. P3 can be found on the embassy website but I'll post the links here:

 

 

P3 Letter

https://vn.usembassy.gov/visas/immigrant-visas/required-documents/

https://vn.usembassy.gov/wp-content/uploads/sites/40/K-Instruction-Package.pdf

Thanks for the links, super helpful.

 

Quote

I'm confused about this last statement. As I see it, you have come all this way only to decide if you will return to the US. The sole idea behind a K-1 visa is to bring your fiancé to the US, marry and then file for AOS. If you do not use the visa it will die, and you will have to refile at some time. Again, if you are questioning this you should have done a CR-1/IR-1 visa using the I-130, Petition for Alien Relative form.

Sorry for the confusion. What I meant was that my fiancee's working in Vietnam right now but doesn't have the job yet in US. But the letter in the question 1 would solve the problem as it is.