Filling the Form I-129F -QUESTIONS- we need some of your help!

[Kimchi&Burrito 0]

12 hours ago, Chancy said:

 

Ok, I just wanted to check that you're aware of the constraints on K1 after US entry (not being able to legally work and travel/re-enter the US freely for around 6 months or more).  Hopefully, you've also done your research on the Adjustment of Status (AOS) process.  On to your questions --

• Can my beneficiary have a job in Mexico (she is from México) while we go through the K-1 process -- Yes.  She will be living outside the US, so she can work there while waiting on the K1.
• Should she put this as her US SSN on Form 1-129F -- SSNs are assigned for life, so yes, enter beneficiary's SSN on part 2, item 3.
• Nicknames, is that necessary if it is only what friends call me (me, the petitioner) -- Up to you.  Instructions say include nicknames.
• What if I don’t know my mom’s birthday? (as a petitioner) -- Enter "Unknown".
• Part 1 question 41 leave blank? -- Answer the question.
• what do I have to do if I wrote the actual address that the beneficiary intends to live, but I will move out? -- Provide the new address on the DS-160 form when the case gets to the embassy stage.
• Can we do an engagement party or its better just to make an announcement in our social media? -- Up to you.  There's no requirement for either engagement party or social media announcement.  Also, there have been VJ members denied K1 visas due to the consulate suspecting their engagement party of actually being a wedding.
• Unpaid internship count as employment history for the beneficiary? -- Yes.
• if we need to write down all the addresses -- Enter all addresses the beneficiary actually lived in and the actual start/end date of residence, regardless of how it's written on J1 forms.  Make sure there are no gaps in the timeline.
• If she comes back in the U.S. will she be able to drive/get assigned a new driver license? -- Check WA DMV rules.
• does withdraw application have impact on getting the k1 visa? -- What application do you mean?

Hi Chancy,

 

Thank you so much for your reply and answers! I would have missed the Part 1 Question 41 if not for you and avoided a potential setback

 

The application was a withdrawal of application for admission. My fiancee returned to Mexico and at the end of her J-1 but had a few months left on her tourist visa and we just wanted to be together for that time and travel and such. It was purely a tourist intent but CBP told her she was unable to overcome the presumption of immigration intent due to weak ties to home country, and allowed her voluntarily return. They said this would be a non-factor in applying for things like the K-1 visa. Since this generated a Form I-94 I included that as well as the withdrawal application copy with the Form I-129F. The point of asking this question is just peace of mind

[Kimchi&Burrito 0]

17 hours ago, Jorgedig said:

Unfortunately, you have incorrect information.

 

The dispatch of I-130 petitions is not related to the state of residence of the petitioner.

 

All I-129f petitions are adjudicated at the CSC.

 

There is no requirement for a joint lease agreement.  In fact, most married couples seeking a CR-1 have never lived together.

 

If you are basing these assumptions on what you see on YouTube, etc, I recommend using more legitimate sources for information.

Thanks Jorge for the response!

 

Yes, I may have been misinformed on the dispatch of such petitions, my mistake!

But for the joint lease agreement, is this not stated under the Form I-130 instructions:

 

 

I am not sure if these other documents in lieu of joint ownership of property and common residence lease have strong basis to provide "clear and convincing evidence" whereas the supporting document we have meticulously compiled in the Form I-129F I am not worried about

[SalishSea 17,434]

14 minutes ago, Kimchi&Burrito said:

Thanks Jorge for the response!

 

Yes, I may have been misinformed on the dispatch of such petitions, my mistake!

But for the joint lease agreement, is this not stated under the Form I-130 instructions:

 

 

I am not sure if these other documents in lieu of joint ownership of property and common residence lease have strong basis to provide "clear and convincing evidence" whereas the supporting document we have meticulously compiled in the Form I-129F I am not worried about

Well, but if you read  what you posted, that is a list of examples, not requirements.   There are many other ways to show evidence of financial commingling that do not involve having lived at the same address.

 

Like I said, most who do a spousal visa have not lived together.

 

The “supporting documents” for the I-129F are quite minimal, as there is no requirement to show a bonafide relationship, just evidence of one in-person meeting in the prior two years.

Edited November 11, 2021 by Jorgedig

[Kimchi&Burrito 0]

3 hours ago, Crazy Cat said:

Many members here who opted for a K-1, regretted that decision later.  I have seen no spousal visa couple state they should have filed a K-1 instead.  Take that for it is worth.  Life is full of choice...and consequences.  Some decisions are emotional....some are practical.  Good luck on your journey. 

Hi Crazy Cat, 

Thank you for your response. I've read your answers a lot on these forums and hold your opinion in high regard.

 

With that said, here is my line of thinking: The spousal visa may take upwards of 2 years based on current processing times. With consideration of the spousal visa interview wait period at the Ciudad Juarez, another year could be added on:

If backlogs and wait times are considerably reduced in the next year there could be the risk of being issued a CR-1 instead of IR-1 which, if I am correct, would not grant permanent resident status immediately but instead the two year conditional green card. Then removal of conditions, before applying for LPR. I know, not likely, and if it takes over 2 years, immediate LPR and all is well.

 

On the other hand, K-1 visa will likely take 12-15 months, especially considering K-1s are sent to Mexico City where current interview wait times seem to be 1-2 months based on VJ member-reported timelines. The current processing time for EAD and AP are both 7 months, which is very manageable. And although AOS time on average is 1 year, for some reason the SEA office is taking 2 years. The upside in which case is that we would not get a conditional green card but a 10 year one (correct?)

 

 

The end goal is to be with each other and enjoy each others' company. Not being able to work for 7 months is much preferable than being apart for that long. The additional hurdles of filing for AOS and waiting a little longer for LPR is negligible for us. We can still enjoy our quality of life once we are together again. Do you think this is a justification for K-1? Again, I value your input very much.

[HRQX 4,145]

26 minutes ago, Kimchi&Burrito said:

Then removal of conditions, before applying for LPR.

Getting a 2-year GC means still being a LPR. I.e. that time still counts for naturalization purposes.

26 minutes ago, Kimchi&Burrito said:

for some reason the SEA office is taking 2 years. The upside in which case is that we would not get a conditional green card but a 10 year one (correct?)

That is correct; see INA 216(h)(1):

Quote

In this section:

The term "alien spouse" means an alien who obtains the status of an alien lawfully admitted for permanent residence-

(A) as an immediate relative (described in section 1151(b) of this title) as the spouse of a citizen of the United States,

(B) under section 1184(d) of this title as the fiancee or fiance of a citizen of the United States, or

(C) under section 1153(a)(2) of this title as the spouse of an alien lawfully admitted for permanent residence,

by virtue of a marriage which was entered into less than 24 months before the date the alien obtains such status by virtue of such marriage, but does not include such an alien who only obtains such status as a result of section 1153(d) of this title.

 

Although local timelines are subject to change so not a guarantee that the I-485 would be approved on or after your 2-year marriage anniversary. For example, look at this K-1 AOS case in Seattle: https://www.visajourney.com/timeline/profile.php?id=345984

 

Edited November 11, 2021 by HRQX

[Crazy Cat 41,113]

38 minutes ago, Kimchi&Burrito said:

The additional hurdles of filing for AOS and waiting a little longer for LPR is negligible for us.

Many K-1 couples here, likely, would disagree.  Your choice, you consequences....good luck.  

I'm out.

[Chancy 6,239]

On 11/12/2021 at 3:14 AM, Kimchi&Burrito said:

They said this would be a non-factor in applying for things like the K-1 visa.

 

Yes, having withdrawn a previous application for admission is not an issue for K1 processing.  If CBP refused her entry due to suspicion of immigrant intent, they expect her to have an appropriate visa for that on her next attempt.  You and your fiancee are doing what CBP expect by pursuing a K1 visa.