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Consulate / USCIS Member Review #3698

Review on December 9, 2008:

Skyler

Skyler


Rating:
Review Topic: K1 Visa

CONTINUED
Oops, sorry, I didn´t realize I couldn´t edit the previous entry. So, anyway, we spoke with the Department of State on the phone twice, and both people told us that the information given by the embassy was INCORRECT and that we COULD have a co-sponsor for the K1 visa (or that someone from my family could be the primary sponsor). My fiance went back to the second interview with a letter from MY employer in the States saying I was rehired, my salary, start date, etc, but they still stated that it was not sufficient and he needs a letter of employment for HIM. The second woman he spoke with, the actual Consul, he said was much nicer and took the time to listen to him and explain, but she still held firm that I couldn´t have a co-sponsor and the letter from my employer was not sufficient. They also did not care what we had been told by the DOS. The Consul stated that the K3 can have a co-sponsor, but not the K1, because on the K1 he could in theory go to the States and not marry me, so the family member would have no obligation to follow through with supporting him. But, according to that logic, he would not be able to apply for AOS if we didn´t get married and could not have work authorization anyway, so, then what good would an offer of employment be in that situation anyway? Basically they want him to work without work authorization? Well, they don´t care about logic, they stood firm with their requirement of a work offer letter for him.

This would have been fine if they had given us enough time to get the letter, like if the information had been on their website or in any of the forms they had sent us. But the interview was the first we heard about it. So getting the letter on short notice has caused a lot of delay and expense in an otherwise smooth process. Luckily, however, they did not deny the visa, and as soon as we get the letter we were told to sent it via Cargo Expreso and they would send us the visa. So, anyone applying for a K1, DON´T PLAN ON USING A CO-SPONSOR, IF THE USC DOESN´T QUALIFY TO BE THE SPONSOR YOU SHOULD INSTEAD PLAN TO GET A WORK OFFER LETTER, ON LETTER HEAD, WITH THE POSITION, SALARY, AND HOURS FOR THE NON USC FIANCE. Although the USC still needs to provide all their financial info and fill out the I-134.

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