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baron555

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Posts posted by baron555

  1. my new concerns are regarding the fact that we will only have met once before filing, and it will be from may 6th, till may 17th, will this one meeting be a red flag or a cause of concern to the london consulate when she goes in for her interview?

    No

    iv seen posts elsewhere of people being denied due to to short of a visit,

    No, where did you see this?

    only meeting once,

    No, where did you read this?

    or because they wernt able to convince the consulate officer of a bonafide relationship.

    Yes, it happens.

    do we have reason to be concerned and what can we do?

    No, purposefully generate all kinds of evidences. Content is key.

    Also is her being 18 and me being 26 another reason for concern?

    No

  2. I just have some general questions concerning 2 scenarios with a K-1 visa.

    I my fiance is from (and currently in) China. We are good, but I was wondering, if things don't work out and we don't get married while she is in the USA will there be any negative consequences for her because we didn't marry? As long as she leaves the country before 90 days (if we choose not to get married) she should be fine, right? Would not getting married hurt her chances of getting a different visa in the USA again (or other developed countries)???

    No, there may be questions but if she did as you state, then she followed the requirements.

    Also, what if we got married in the USA and then I went to China for 2 years.

    You can.

    Would bringing her over on a K-2 visa for the second time (after those 2 years) be significantly easier for us (compared to others) because we were married in the USA?

    K-2s are for children. If you are married, you'd be filing for a CR-1 Spousal Visa and it wouldn't be any easier or harder.

  3. My divorce was finalized 1-29-2016. I met my fiance in September 20, 2015, but waited until 2-1-2016 to send the I-129F in. Do you think the USCIS will care about me still being *technically* married?

    No, you're good .

    I was separated in march, and the divorce proceeding were started. I was stressing about the dates about being *married*. I hope the USCIS will overlook this date. Any comments are wanted!

    Thanks, Richard

  4. Our interview was today at the Paris embassy and my fiancé received a 221(g) denial

    No, that is not a denial, it is a request for more information.

    until they receive my (USC petitioner) original divorce papers. I'm trying to not get upset, but I checked everything at least 50 times and nowhere does it say an original document from the petitioner is required at the interview.

    It's not. That should have been sent with the 129f filing, but sometimes things get lost.

    In the Packet 4 it only says to bring the original of the Applicants which he did and nothing was mentioned about the petitioners. They had copies of mine which they acknowledged but refused to accept it saying the original was required. Okay, so off to DHL I went and the papers will be there Monday morning. They kept his passport and said everything was okay and the visa would be issued after they received the "missing" document.

    There you go. Not a denial but a conditional approval.

    This is so frustrating and I know I'm not the only one to feel this just needed to vent a little. It is beyond me to understand why they would accept photocopies of my birth certificate and passport but not divorce papers. Now I'm worried we will go into Admin. Processing and further delayed.

    Chill

  5. Hello!

    My wife and I are trying to attend a milestone birthday for her grandmother's 90th birthday in a few months, AFTER we get married. We did the math, assuming it'll take about 90 days to get AOS & AP done, we have basically 12 days to get married AND submit AOS Paperwork.

    Once you enter the US, you have to get married within 90 days. There is no time requirement within which to AOS.

    Question is on the Marriage Certificate. We are thinking of getting married either in Los Angeles ( 6-8 weeks?! ) or Orange County ( 10 business days!)

    If we got married,

    To get married you need a Marriage License, which is issued by the County Clerk. In Will County that took one week.

    TOOK the Marriage License to the County Recorder, can we get a copy ( with official stamp / seal) of the marriage certificate on the spot, if we wait in line, etc. etc.

    No. We got married by the county judge who took the marriage license and then processed it. We had to pay the fee for however number of copies of the certified Marriage Certificate at the Courthouse, following the marriage.

    Took about another two weeks to receive those (get multiple copies).

    We basically want to shotgun the paperwork right away,

    Why?

  6. So I read that the california service center is processing applications faster than anywhere else.

    They and Texas are the only ones servicing K-1s.

    And i also read that philippine beneficiaries get expedited.

    Wrong

    My application got sent to CSC and my fiance is from the philippines. I got my NOA1 on february 10th but my case was recieved on the 8th. Should the process take longer than 2 to 3 months if everything is done correctly?

    Maybe....plan for 10 months and be happy with 5.

    Im positive that i have done my application flawlessly.

    Petition.....great.

    My only concern is that i didnt save my boarding passes when i went to visit but i sent my itinerary and bank statement showing i bought the tickets.

    Passport stamps are primary evidences.

    I am just a little impatient right now because i really want to see my fiance.

    Chill out.....everyone has the same desires.

  7. Hi everyone.

    We were originally planning on filing for the K1 fiancé visa shortly, in order for me to be legally allowed to get married in the states, with the intention of adjusting my status and moving permanently. We were thinking early next year, given what we have heard about processing times.

    Great

    However, my work have offered me a position that will allow me to travel to and from the USA as and when needed (from their perspective), and they shall be applying for an E-2 visa on my behalf, in the next couple of weeks.

    Eureka!

    If the E-2 gets approved, would I be legally allowed to get married in the USA on that, and then adjust status to become a permanent resident, without the need for a K-1 visa?

    Don't need any visa to get married in the US......but yes if you are here legally on an E-2, then you could get married and adjust status.

    Would it matter how long I had been in the USA for that stint? (e.g. Would I be legally allowed to enter the country, say in March next year, with the intention to get married immediately, without necessarily doing work related to the E-2 visa at that time?).

    Yes as long as the visit is within the E-2 visas allowances.

    Alternatively, is it possibly to hold an E-2 visa and a K-1 visa at the same time to be safe?

    No. With a K-1, you couldn't legally work in the US until you became married and AOSed and obtained either the EAD or GC. Having the E-2 doesn't negate this no-work requirement.

    (And have applications for both ongoing at the same time assuming I was going to apply for the K-1 soon).

    Sounds like you should just wait and see if the E-2 does come true. Then use that. IF not, then file for the K-1.

  8. So me and my wife were married on a K1 from the UK. We got married about 30 days after she entered the states at our local court house. This was in 2010. We never filed for a AOS thou. We now have a 2 year old daughter together and she is stay at home mom. After looking online and reading around I have seen stories and been told that we will both go to jail and our daughter be sent to foster care from some online attorneys.

    For what reason? Rubbish.

    Is this true as I doubt they would take our daughter from us as she has a SSN since she was born here.

    No one can unless you are bad parents.

    We have never been in trouble with the law or had any issues like that. I feel we should vist the local USCIS but she is worried if they do come down on us and take her or my self away.

    Since she never AOSed,she is here illegally and under an overstay.

    Should we just hire an attorney or just meet with the USCIS and get their guidance?

    That would most likely be prudent but only with an attorney that specializes in immigration issues. She needs to AOS properly (I-130 form) and would need guidance on how to get her very long overstay waived.

  9. Hi everyone, in order for me to file I-134, Affidavit of support for my fiance after the petition for alien fiance is approved.

    1. is there a requirement for the minimun amount of deposit in my bank account? No, bank statements are not required if current income is sufficient.

    2. and is there a requirement for how much i made last year? No, current income is key.

    3. I wasn't self-employed last year, do I need to provide tax return? Not if you didn't file for one. If you did, then send that in.

    is she going to get K-1 visa approved if i only have like $1500 in my bank account? Depends on current income, if it is sufficient, your bank statement is not needed.

    and i didn't make much money last year because i was going to school full time. Happens all the time to former students. If your current income is sufficient, then you're good.

    I don't own any property or bonds. Don't need to if your......you know the answer.

    I started a full time job back on Dec. 2015, and will have an annual income of about $23,000 before tax. Then you're good.

  10. OK guys I am opening this post again. The RFE that they sent me on December 9 said that I need to provide a passport style photo of me and my fiance. No details were given on what exactly was wrong with the original copies. Therefore, I sent the RFE with the two photos attached.

    Great, sometimes they lose things.

    On February 23, I received an email stating my petition was DENIED . I received a letter today stating that the reason for denial is that my passport photos were too large (Instead of 2x2 they were 2.5x3). A little trivial if you ask me to deny a whole petition because the passport photos were an inch larger.

    Nothing trivial at all. They weren't passport photos because they didn't meet the size requirements. One can get these anywhere, so very easy to obtain.

    I wish they told me the exact reason for the RFE instead of being so vague. Anyway, it is what it is.

    Yes

    So my questions to this helpful community

    1. Should I file an appeal along with the correctly sized passport photos and cough up the $630 or should I start a new petition? New, appeal will be useless since you didn't supply them with what they asked for.

    2. What are the benefits of filing an appeal vs. starting a new application? Is it faster? Faster will be new petition... And where do you get $630 from? I thought the 129f filing fee is $340. Do better homework.

    3. What is the probability that the USCIS will come up with something else to RFE if I go the appeal route? Or is this issue the only issue with my petition. Always a possiblility especially if you don't following the instructions.

  11. I just received my RFE notice in the mail and it said that I need to provide a passport style photo of me and my fiance. However, I did indeed attach a passport style photo to each corresponding g-325a form. Is this a misunderstanding on there part?

    They may have lost them; it does happen. Just send two new photos.

    Should I call them to request clarification?

    You can't. Just send the photos.

  12. I have known my fiance for about 5 months. We have applied for our k1 visa and got our NOA1 in the mail. I have gone to the Philippines and stayed with her for 15 days and we became engaged while i was up there. Shortly after i got back to the US i filed for the k1 visa. I love her like crazy and i never want to leave her. We are very sure that this is what we both want. I was wondering if the length of time we have known eachother is going to be a problem for obtaining our visa.

    No

  13. Hello everyone

    After reading some forum posts many of my questions have been answer but i have one that still im not sure the answer.I am starting the process for the K-1 visa but , im still a student so i have a part time job and i don't qualify for the financial support requirements. Can my parents be my fiancé sponsor?

    No, only one parent can.

    Do i still need to submit the affidavit

    Yes

    , and an additional one from my parents?

    Yes, also.

    or just the on from my parents? should one of my parents file it or both??

    Can only have one cosponsor.

  14. Hi, all!

    I'm new here and have scrolled through a few forums, but am confused about when we can apply. My boyfriend and I are planning marriage, he just hasn't met my dad yet and he wants to do that before he actually proposes. He's coming over in June (he lives in England) to meet my dad and will be proposing then, but is it possible to start the application process now, without proof of the ring?

    Yes, rings are not required.

    Or is a receipt necessary to provide in the process?

    No

    We'd like to get him here and married as soon as possible (like anyone can blame us!) and this is the one thing holding us back from starting the process. Thank you so much and I'm sorry if this is a duplicate question!

    It's not holding you back. File today.

  15. Hi,

    My fiancee is living and working in Thailand which is where the K-1 Visa will be issued from; however, she is from the Philippines.

    We would really like, after the Visa is issued and before we come to the US to be married, to travel to the Philippines to celebrate with here family.

    It's important to both of us that I meet her family and, hopefully, get the blessing from her father.

    What this would mean, however, is that we would end up flying back from the Philippines to the US for her initial entry and not from Thailand where the K-1 Visa was issued.

    Is this a problem

    Nope

    or am I overthinking this?

    Yep

    Thank you for any help you can provide...

  16. Finally and after 5 years together we have decided to be together in the states and get married after Visa approval. We are processing the K1/K2 petition and all required documents as we speak. I am 60 yrs young and she is 40 yrs young. If the petition approved and she is to go for interview in Singapore where she is residing and working, would it be a good idea to fly to SG and be on her side during the interview

    Always

    , would it help in expediting the visa process?

    No, just helps with visa approval.

    Also, she has one boy age 12 living in the Philippines and from my understanding that kids under 14 are not required to be present, but I hear from other applicants where they were asked to have the kids present even under the age of 14. Does she have to call the embassy to find out ahead of the interview at least to have he son fly to Singapore?

    Email the Embassy and ask.

  17. i was reading that the embassy in manila doesnt even care to look at assets instead of w-2s and then was reading in other places that you can use assets such as a house that is not your primary residence and then in others say you can only use your primary home i am forsure confused about what is allowed and what isn't allowed and if they care about the assets or can denie your asstes i am worried about this also. using my assetes i am retired disabled with my SSD now that is not enough but i do own 3 houses in the state of florida i was told that i can only use the house that i live in by someone and that house has to be 125% pf poverty level and i believe it would then have to be worth 100,000 us dollar and that is no problem as it is valued at 235,000-250,00 my other 2 houses are combines worth is around 300,00us my SSD is 850.00 and i do own 6 cars and have a very intense gold collection and i do show i have at least over 10,000us dollars in checking i am wondering if i would have any problems because i do not do taxes because i do not work and i buy these houses as the value has been almost double in the past 3 years and will sell at the top of market im just wondering if they can say no to my assets

    Need official, certified appraisals to use any assets.

  18. I currently make significantly more than the threshold requirement.

    Then you're golden.

    I also have a significant amount in savings.

    I will be including a few W-2s and a letter from my employer (stating my position and salary) as well as my most recent bank statement in case they're worried that I haven't been working long enough to support my fiance.

    Now I know that it's common practice to include your tax returns as well, but I've been a student my whole life until last year.

    Common with former students.

    And while I did make money every year, it wasn't nearly as much as I'm making now. I think that my tax returns aren't a good example of my salary,

    Current income with pay summaries and employer letter are best.

    so it doesn't seem to make sense to include them. Since I'm not self-employed they're not required, right? Would it look suspicious if I don't include them? Did anyone here not include their tax returns with the I-134? How did that work out for you, were there any problems?

    Thank you! My fiance and I greatly appreciate your help!

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