K-1 Visa Quick Questions

[tearsofmana 0]

Filling out my i-129 form and gathering evidence, just have a few quick Qs:

-Do I need letters from family & friends to be notarized? My parents said they will notarize but my fiancée's friends, who live in her home country of Brazil, just have the sworn statement bit (everything is in English, of course). I read conflicting info online as to whether or not it needs to be notarized.

-One of her friends is using her "social" name (which is on a government issued ID, apparently you can have a social + certified name in Brazil), do you think I should ask her to use her certified name? Or would the US really even check that deeply since she's not even a US Citizen (plus, again its on legal documents)?

-Do I need my fiancée's birth certificate and passport sent with the first packet or is that ONLY required for the interview? I spoke to someone who made it sound like the translated birth certificate + passport needs to be sent with the i-129 form, but I have only seen this as required for the interview portion

-Ditto the police report. Does that need to go with the i-129 form or just readied for the interview portion? Again, read conflicting info online that isn't on the US government site, so I'm assuming some people got their wires crossed in forums and the such

-If I am filling out the i-129 form by myself as the petitioner, I do not have to fill out anything in the Preparer's sections, correct? This is only if I were to ask someone else to help with the documentation?

 

Just trying to make sure I don't make any silly mistakes. I think I may have over-researched filling out the form and stumbled upon some misinformed people who have confused me.

 

Thank you in advance to those who respond

[IWander 589]

6 minutes ago, tearsofmana said:

Filling out my i-129 form and gathering evidence, just have a few quick Qs:

-Do I need letters from family & friends to be notarized? My parents said they will notarize but my fiancée's friends, who live in her home country of Brazil, just have the sworn statement bit (everything is in English, of course). I read conflicting info online as to whether or not it needs to be notarized.

-One of her friends is using her "social" name (which is on a government issued ID, apparently you can have a social + certified name in Brazil), do you think I should ask her to use her certified name? Or would the US really even check that deeply since she's not even a US Citizen (plus, again its on legal documents)?

-Do I need my fiancée's birth certificate and passport sent with the first packet or is that ONLY required for the interview? I spoke to someone who made it sound like the translated birth certificate + passport needs to be sent with the i-129 form, but I have only seen this as required for the interview portion

-Ditto the police report. Does that need to go with the i-129 form or just readied for the interview portion? Again, read conflicting info online that isn't on the US government site, so I'm assuming some people got their wires crossed in forums and the such

-If I am filling out the i-129 form by myself as the petitioner, I do not have to fill out anything in the Preparer's sections, correct? This is only if I were to ask someone else to help with the documentation?

 

Just trying to make sure I don't make any silly mistakes. I think I may have over-researched filling out the form and stumbled upon some misinformed people who have confused me.

 

Thank you in advance to those who respond

No to all of the above 

[SalishSea 17,802]

Why do you think you need letters from family and friends?   Absolutely not needed or helpful.

[tearsofmana 0]

Just now, SalishSea said:

Why do you think you need letters from family and friends?   Absolutely not needed or helpful.

 

Because I read that it helps corroborate the relationship as real. Not needed is one thing, but can you expand on not helpful? Would it hurt to include it?

[JeanneAdil 6,489]

USCIS does not ask for these now consider them important

 

US friends and family may know u went to visit but are not witness to the relationship

 

Brazil is part of the Hague Apostille Convention  and if u do affidavit from a Brazilian ,  have the US embassy notarize the statement if it makes u feel comfortable

Again,  these are not best evidence to USCIS and not needed

 

Question: Do US Embassies and Consulates provide notarial and authentication services for non-US Citizens?
Answer:  Yes. 22 C.F.R. 92.4(b) provides that these services may be performed for any person regardless of nationality so long as the document in connection with which the notarial/authentication service is required is for use within the jurisdiction of the United States.

 

But ,  again,  these are not needed nor asked for

the only affidavit needed for K1 is the I  134 for income and support at the embassy interview

 

Page 10  of I 129 instructions say u can submit an affidavit WHEN a needed document like birth certificate is not available and then a person who is witness but not party of the petition  can submit one as is often the case with an older person whose birth was not recorded

[IWander 589]

1 hour ago, tearsofmana said:

 

Because I read that it helps corroborate the relationship as real. Not needed is one thing, but can you expand on not helpful? Would it hurt to include it?

The validity of a relationship is not required for petition approval.  It is best practice to include only evidence that is required for petition approval.  Fluff can sometimes cause the adjudicator to miss the important evidence 

[SalishSea 17,802]

I suggest you rely on USCIS as a source for petition requirements, and not YouTube, WhatsApp, etc.   We printed out the directions that accompany the petition and used that as our guide.   Sending chat logs, affidavits, and other non-required info can raise questions, increasing your chance of an RFE, IMHO.

Edited December 16, 2023 by SalishSea

[tearsofmana 0]

4 minutes ago, SalishSea said:

I suggest you rely on USCIS as a source for petition requirements, and not YouTube, WhatsApp, etc.   We printed out the directions that accompany the petition and used that as our guide.   Sending chat logs, affidavits, and other non-required info can raise questions, increasing your chance of an RFE, IMHO.

Yeah that's what I was afraid of. I had a chat with a Boundless agent and it just wound up confusing me more than when I had read the official government sites, which is why I came here to ask for clarification from someone who isn't getting $$ from me.

That said, I did see the family & friends letter mentioned a LOT all over legal websites, but it sounds like that's another weird thing that isn't actually needed. Some weird word-of-mouth telephone effect maybe? It certainly explains why I have NEVER seen it on a government or legal website.

 

So chat logs are a no-go, too? I saw a lot of mention of chat logs, emails, etc. as proving dates of contact. Obviously I'm not going to ever send a WHOLE chat log, but wouldn't that be valuable data to help establish a timeline? I.e. "This is when she first messaged me on social media platform"

Speaking to #3 here listed on visajourney's checklist:

3.

The following items will not typically show proof of having met in the last two years however will show proof of an ongoing relationship: Copies of land line and cell phone bills, appropriate letters and emails, stamps on the letters (to document the date they were sent), and other written documentary proof. Provide a reasonable amount; two to four of each type. Pick a range of dates up to and including the present. You can also include a copy of engagement ring receipt (this is something that is a big optional - do not worry if you do not have a ring yet!)

[SalishSea 17,802]

The thing is, the “ongoing relationship” evidence isn’t required for K-1.   The requirement is evidence of meeting once during the immediate prior two years, and evidence of both partners’ willingness (and eligibility) to marry each other within 90 days.   That’s it.   
 

Feel free to send what you wish.   For some high fraud/high risk consulates (Lagos, for example) it is beneficial to “front load” the petition with additional evidence of meetings, and ONE meeting (minimum requirement) might not be enough.   But for low/average fraud locations, the  requirements set by USCIS are usually adequate.   YMMV.

[SteveInBostonI130 3,432]

For those who think they need mountains of evidence for the I-129F, here are the actual requirements:

 

1.  Be alive and breathing.

1.a.  Petitioner is a live and breathing USC. Provide proof of USC.

1.b.  Beneficiary is a live and breathing non-USC/LPR.

 

2.  Both are free to marry.

2.a. If previously married, provide divorce certificate(s).

 

3. Both intend to marry each other within 90 day of beneficiary arriving with the K1 visa.  Provide a signed letter regarding this.

 

4.  Both have met physically within the last 2 years.  Provide proof of this.

 

5.  Petitioner needs to provide criminal history, even if records are "sealed".

 

EDIt:  The above is to get the I-129F approved.  Some "front load" evidence into the I-129F to help get the K1 visa approved.  This would be evidence of time spent together - photos, boarding passes, hotel stays, etc.

Edited December 17, 2023 by SteveInBostonI130

[tearsofmana 0]

16 minutes ago, SteveInBostonI130 said:

For those who think they need mountains of evidence for the I-129F, here are the actual requirements:

 

1.  Be alive and breathing.

1.a.  Petitioner is a live and breathing USC. Provide proof of USC.

1.b.  Beneficiary is a live and breathing non-USC/LPR.

 

2.  Both are free to marry.

2.a. If previously married, provide divorce certificate(s).

 

3. Both intend to marry each other within 90 day of beneficiary arriving with the K1 visa.  Provide a signed letter regarding this.

 

4.  Both have met physically within the last 2 years.  Provide proof of this.

 

5.  Petitioner needs to provide criminal history, even if records are "sealed".

 

EDIt:  The above is to get the I-129F approved.  Some "front load" evidence into the I-129F to help get the K1 visa approved.  This would be evidence of time spent together - photos, boarding passes, hotel stays, etc.

Super helpful, ty. So the interview is where they actually get into details?

 

also re: #5 - if I have no criminal history what-so-ever, never had any incidence with the police whatsoever, nothing gets included, right? I'm not submitting a background check, just if I had done anything that has to be told?

[SalishSea 17,802]

1 hour ago, tearsofmana said:

Super helpful, ty. So the interview is where they actually get into details?

 

also re: #5 - if I have no criminal history what-so-ever, never had any incidence with the police whatsoever, nothing gets included, right? I'm not submitting a background check, just if I had done anything that has to be told?

The “front-loading” for difficult consulates is done in case further evidence isn’t looked at at the interview, because the CO isn’t obligated to look at it.

 

it would be helpful if you did a timeline or told us which consulate you’re going through.

 

There is a yes/no check box on the form that pertains to criminal history.   Therefore, no further info is required from you.   Background checks on the USC will be pulled by USCIS and/or DOS to confirm.

 

edit:  just noticed that you did say in the OP it is Brazil!  I’m not familiar enough with that consulate to know whether it is wise to front-load.   You can get country-specific info by clicking on the portal.   

Edited December 17, 2023 by SalishSea

[tearsofmana 0]

53 minutes ago, SalishSea said:

The “front-loading” for difficult consulates is done in case further evidence isn’t looked at at the interview, because the CO isn’t obligated to look at it.

 

it would be helpful if you did a timeline or told us which consulate you’re going through.

 

There is a yes/no check box on the form that pertains to criminal history.   Therefore, no further info is required from you.   Background checks on the USC will be pulled by USCIS and/or DOS to confirm.

 

edit:  just noticed that you did say in the OP it is Brazil!  I’m not familiar enough with that consulate to know whether it is wise to front-load.   You can get country-specific info by clicking on the portal.   

Rio de Janeiro consulate, specifically

Will check it out, thanks! I know Brazil can be a pain about some things, we were initially planning a marriage route in Brazil but it fell through because I would basically have to go there in-person for the marriage license and return after some unspecified amount of time later after the form is approved to get married. Makes the K1 way more practical and less costly in the long run.

 

Timeline (I'm assuming this is what you're asking for):

Met in February 2022

Talking phase from April to July of 2022

Dating July of 2022

Marriage came up summer of 2023-ish where we both decided that's where the relationship was headed (so we have chat logs, etc. pertaining to this, around the 1 year mark of our relationship)

In-person proposal December 2023 in Rio de Janeiro

[powerpuff 6,685]

8 minutes ago, tearsofmana said:

we were initially planning a marriage route in Brazil but it fell through because I would basically have to go there in-person for the marriage license and return after some unspecified amount of time later after the form is approved to get married. Makes the K1 way more practical and less costly in the long run.

You might want to look into Utah Zoom marriage. A lot of threads and members who had been approved through that. The availability of this option makes K1 much less practical and much more costly. And I did go through K1 in 2020 and I wholeheartedly recommend the spousal visa route. Unfortunately at that time Utah Zoom marriage didn’t exist, otherwise we’d go with that.

Edited December 17, 2023 by powerpuff