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Fiance leaving the US to be with me till my visa is approved

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Hey guys... My fiance will be here in mid February and intend to stay until the petition goes through and the visa approved. He intends to be present in the interview, and then leave the Philippines with me and my 2 kids - (11 and 5 years old, but there's a possibility we might leave the kids here and they can follow-to-join within a year - my marriage has been annulled and I have custody of the kids, no support from my ex). It's going to be 4mos. since the NOA1 when my fiance gets here. We're expecting the approval in March and I'm aware that it will take a few more months till the interview. So he will be staying here for approximately 4-6 months. Is this going to affect our K-1 visa approval during the interview at the Embassy? He makes money from his rental properties in Seattle and has enough money in the bank to support himself while he's here. We both work on cruise ships, and he did contracts as he wanted/ needed. His 2008, 2009 and 2010 ITRs all meets the income requirement for 4 people - him, me and my 2 kids). We can also have his parents co-sponsor, just to make sure his income won't affect our K-1 visa approval (he's the only child and his parents have enough savings and income). He's never been married before, so he doesn't have dependents in the US.

Also, I've visited him in Seattle numerous times in the past over 3 years, went for vacation with him in LA and Vegas last year, we've been together working on cruise ships but at times we were on different ships. He proposed to me in New York on July 2010. I left the ship and went to Seattle to be with him on August 2010, and came home to the Philippines on September. On October 2010, I was denied entry to the US, even with a clean record and valid Visitor's Visa (I never overstayed). We were going to get married then, file for the petition and go working on a cruise ship while the petition is pending (as advised by a lawyer we talked to, as well as the local USCIS officer he talked to in Seattle). I didn't have any intention of staying illegally coz I wanted to come home to the Philippines regularly to be with my kids (my company shoulders my flight expenses). US Immigration in Seattle sent me back to the Philippines and cancelled all my valid visas (B1/B2 and even my C1/D visa that's needed to work on the cruise ships). With this unfortunate circumstance, I was forced to stay home in the Philippines and he stayed in the US. I got a gig as a Financial Advisor in an Insurance company and also became a freelance real estate agent here.

I am a bit worried about how these scenarios are going to affect our approval. Any advice/ insights are welcome and very much appreciated. (L)


event.png

~~I-129F~~

10/18/2010 - I-129F Filing Date

10/21/2010 - NOA1 Date

02/24/2011 - NOA2 APPROVAL

03/21/2011 - Medicals @ SLEC

04/07/2011 - Interview @ USEM Manila

04/13/2011 - Visa Issued

04/16/2011 - Visa Received

05/02/2011 - POE Seattle

05/08/2011 - Wedding Date!!!

~~AOS~~

05/23/2011 - Sent AOS Package

05/25/2011 - Package delivered and signed for by: D.NESBIT

06/14/2011 - NOA Notice Date; Check Cashed

06/15/2011 - NOA Email and Text Notifications

06/20/2011 - NOA hardcopies received in the mail

06/27/2011 - Biometrics Letter received in the mail (for 07/19/2011)

06/28/2011 - Walk-in Biometrics attempt unsuccessful (USCIS Seattle)

07/19/2011 - Biometrics @ 12noon

07/20/2011 - EAD Card/Document Production & AP Post Decision Activity

07/25/2011 - Second notification on EAD Approval

07/26/2011 - Third notification on EAD Approval

07/28/2011 - EAD AP card in the mail

09/06/2011 - AOS Interview ~ APPROVED!

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Filed: Country: Jamaica
Timeline

Hey guys... My fiance will be here in mid February and intend to stay until the petition goes through and the visa approved. He intends to be present in the interview, and then leave the Philippines with me and my 2 kids - (11 and 5 years old, but there's a possibility we might leave the kids here and they can follow-to-join within a year - my marriage has been annulled and I have custody of the kids, no support from my ex). It's going to be 4mos. since the NOA1 when my fiance gets here. We're expecting the approval in March and I'm aware that it will take a few more months till the interview. So he will be staying here for approximately 4-6 months. Is this going to affect our K-1 visa approval during the interview at the Embassy? He makes money from his rental properties in Seattle and has enough money in the bank to support himself while he's here. We both work on cruise ships, and he did contracts as he wanted/ needed. His 2008, 2009 and 2010 ITRs all meets the income requirement for 4 people - him, me and my 2 kids). We can also have his parents co-sponsor, just to make sure his income won't affect our K-1 visa approval (he's the only child and his parents have enough savings and income). He's never been married before, so he doesn't have dependents in the US.

Also, I've visited him in Seattle numerous times in the past over 3 years, went for vacation with him in LA and Vegas last year, we've been together working on cruise ships but at times we were on different ships. He proposed to me in New York on July 2010. I left the ship and went to Seattle to be with him on August 2010, and came home to the Philippines on September. On October 2010, I was denied entry to the US, even with a clean record and valid Visitor's Visa (I never overstayed). We were going to get married then, file for the petition and go working on a cruise ship while the petition is pending (as advised by a lawyer we talked to, as well as the local USCIS officer he talked to in Seattle). I didn't have any intention of staying illegally coz I wanted to come home to the Philippines regularly to be with my kids (my company shoulders my flight expenses). US Immigration in Seattle sent me back to the Philippines and cancelled all my valid visas (B1/B2 and even my C1/D visa that's needed to work on the cruise ships). With this unfortunate circumstance, I was forced to stay home in the Philippines and he stayed in the US. I got a gig as a Financial Advisor in an Insurance company and also became a freelance real estate agent here.

I am a bit worried about how these scenarios are going to affect our approval. Any advice/ insights are welcome and very much appreciated. (L)

i read about a vj member, i think she was from the phillipines as well who was denied entry in the us and still got her k1 visa. i don't think this will affect you at all, you stated you were gonna get married and the IO must've picked that up somewhere in your interview, that's why they cancelled your visas. but i don't believe this will affect your k1 at all, but the CO will ask you about it in your interview, just be honest.

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

The parents may not be accepted as a joint sponsor so make sure that your husband can demonstrate sufficient current income for the I-134 requirement.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: AOS (pnd) Country: Netherlands
Timeline

; I am an October filer as well, and like you, my entry was denied last May :bonk: !!

(It was really traumatic and I was too afraid to go back to the US ever again).

:ot: The Border Officer told me I have to apply for a B2 Visa (multiple entrance Visa). I had my interview a month later and I was approved after I showed that I have strong ties to the Netherlands.

However, 2 months after my denial I flew back to the US (I never was that nervous), and because I have an "orange" flag on my name, I had to go to secondary security check. Yadee yadee yadee.. After my denial I flew 2 more times (July and stayed for 2 months), and last December/January for 5 days to spend NY's with my Fiance (L).

Though I am going back to the US in 3.5 week again and stay for 3 weeks. Hopefully we'll receive our NOA2 during my stay this March.

:ot2: Like you I was afraid that our I-129f would be denied since my entrance got denied. But a lot of people assured me that it wouldn't infect the process as if I wasn't misrep or got a bar.

Though, how come all of your other visa got cancelled? I've never heard of this before and what was the reason you got denied again?

Sorry if I'm talking about denied entry only, but we both are October filers and we were denied Entrance once. :innocent:

I'm curious what other people have to say about it. But as far as I'm concerned it wouldn't affect your case as long as you haven't overstayed or any other serious threats.


holland-flag-44.gifunited-states-flag-88.gif

heart-119.gif August 28th, 2011: Wedding heart-119.giflove-182.gif

AOS
August 31th, 2011: applied for SS#
September 6th: received SS#
September 26th, 2011: AOS sent
September 30th, 2011: NOA1
October 6th, 2011: NOA1 hard copy
October 26th,2011: Biometrics
October 28th, 2011: case transferred to California for faster processing
December 5th, 2011: received EAD/AP card
February 22nd, 2012: Green card in production
February 27th, 2012: GREEN CARD in hand, yaaay!!!




November 10th, 2013: ROC

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Thanks so much! That info sure lessened my worries.. :luv: :luv:


event.png

~~I-129F~~

10/18/2010 - I-129F Filing Date

10/21/2010 - NOA1 Date

02/24/2011 - NOA2 APPROVAL

03/21/2011 - Medicals @ SLEC

04/07/2011 - Interview @ USEM Manila

04/13/2011 - Visa Issued

04/16/2011 - Visa Received

05/02/2011 - POE Seattle

05/08/2011 - Wedding Date!!!

~~AOS~~

05/23/2011 - Sent AOS Package

05/25/2011 - Package delivered and signed for by: D.NESBIT

06/14/2011 - NOA Notice Date; Check Cashed

06/15/2011 - NOA Email and Text Notifications

06/20/2011 - NOA hardcopies received in the mail

06/27/2011 - Biometrics Letter received in the mail (for 07/19/2011)

06/28/2011 - Walk-in Biometrics attempt unsuccessful (USCIS Seattle)

07/19/2011 - Biometrics @ 12noon

07/20/2011 - EAD Card/Document Production & AP Post Decision Activity

07/25/2011 - Second notification on EAD Approval

07/26/2011 - Third notification on EAD Approval

07/28/2011 - EAD AP card in the mail

09/06/2011 - AOS Interview ~ APPROVED!

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; I am an October filer as well, and like you, my entry was denied last May :bonk: !!

(It was really traumatic and I was too afraid to go back to the US ever again).

:ot: The Border Officer told me I have to apply for a B2 Visa (multiple entrance Visa). I had my interview a month later and I was approved after I showed that I have strong ties to the Netherlands.

However, 2 months after my denial I flew back to the US (I never was that nervous), and because I have an "orange" flag on my name, I had to go to secondary security check. Yadee yadee yadee.. After my denial I flew 2 more times (July and stayed for 2 months), and last December/January for 5 days to spend NY's with my Fiance (L).

Though I am going back to the US in 3.5 week again and stay for 3 weeks. Hopefully we'll receive our NOA2 during my stay this March.

:ot2: Like you I was afraid that our I-129f would be denied since my entrance got denied. But a lot of people assured me that it wouldn't infect the process as if I wasn't misrep or got a bar.

Though, how come all of your other visa got cancelled? I've never heard of this before and what was the reason you got denied again?

Sorry if I'm talking about denied entry only, but we both are October filers and we were denied Entrance once. :innocent:

I'm curious what other people have to say about it. But as far as I'm concerned it wouldn't affect your case as long as you haven't overstayed or any other serious threats.

Wow... Thanks for the info! We're on the same boat then! It was surely the most traumatic thing I have experience ever! I got so scared that they might not approve another B1/B2 Visa, so I didn't even attempt to apply again... They said I had "no sufficient evidence" that I was coming back to the Philippines. I didn't book a flight back to the Philippines because I was intending to go back to the ship after my visit. They asked me for my contract, but at that time, I didn't have one yet. I told them that my company takes care of my flights, that I have 2 kids in the Philippines to spend time with every time I get off the ship, and I'm the only one supporting them, etc... My fiance and I were working on getting on the same ship and it would've taken about a couple of months. I explained to them the situation and their "Supervisor" (apparently the one who makes the decision), flat out denied me entry and accused me of trying to be "sneaky". He was a very insecure, mean man. I even begged him to leave my C1/D Visa and cancel just my B1/B2 as I will be going back to the ship in a month or 2. He still had it cancelled. I told him about the advise given to my Fiance at the local USCIS office in Seattle, that we can get married with my B2 Visa and go back to the ship while the petition is pending. He acknowledged it and said yes, many couples do it that way, but that my case is different. I got so confused there. I guess he was having a bad day or something. The IO who interrogated me felt so sorry for me, he said he knows I'm a good person, but they're just following "protocol" and it's ultimately his supervisor who would approve or deny me entry. I felt so bad... Because of this, I didn't have a choice but to stay here and I'm trying my best to stay sane. I love my kids so much I would love to be here with them all the time, but since I'm the only one supporting them financially, I need a higher paying job. My gig as a Financial Advisor and a Real Estate Agent are helping, but not enough for long. My savings are almost gone too! We didn't expect this process to take this long as we were told by the officers that we can get a K-1 Visa in about 3-4 months... Until I found VJ and got educated with the whole thing... It's been really stressful and frustrating!!! Our case isn't even online, so we can't check the status... For 3 months my fiance has been contacting USCIS and they can't even find it in their system. In November to December they said our file cannot be located. Just about a couple of weeks ago, after contacting his Senators, USCIS finally informed us that they found it and that we'll have to wait for 5 months before the approval. My fiance called again and insisted that we should only have 2 months left to wait because it was filed in October... This process has been really tiring and draining... It's great to have this site to vent frustrations on, and thanks for your support... I've said enough, didn't I? Ha ha... :whistle:

i read about a vj member, i think she was from the phillipines as well who was denied entry in the us and still got her k1 visa. i don't think this will affect you at all, you stated you were gonna get married and the IO must've picked that up somewhere in your interview, that's why they cancelled your visas. but i don't believe this will affect your k1 at all, but the CO will ask you about it in your interview, just be honest.

Thanks so much! That info sure lessened my worries.. :luv:


event.png

~~I-129F~~

10/18/2010 - I-129F Filing Date

10/21/2010 - NOA1 Date

02/24/2011 - NOA2 APPROVAL

03/21/2011 - Medicals @ SLEC

04/07/2011 - Interview @ USEM Manila

04/13/2011 - Visa Issued

04/16/2011 - Visa Received

05/02/2011 - POE Seattle

05/08/2011 - Wedding Date!!!

~~AOS~~

05/23/2011 - Sent AOS Package

05/25/2011 - Package delivered and signed for by: D.NESBIT

06/14/2011 - NOA Notice Date; Check Cashed

06/15/2011 - NOA Email and Text Notifications

06/20/2011 - NOA hardcopies received in the mail

06/27/2011 - Biometrics Letter received in the mail (for 07/19/2011)

06/28/2011 - Walk-in Biometrics attempt unsuccessful (USCIS Seattle)

07/19/2011 - Biometrics @ 12noon

07/20/2011 - EAD Card/Document Production & AP Post Decision Activity

07/25/2011 - Second notification on EAD Approval

07/26/2011 - Third notification on EAD Approval

07/28/2011 - EAD AP card in the mail

09/06/2011 - AOS Interview ~ APPROVED!

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By the way, I'm so happy for you! It's great that you've been able to travel back to the US multiple times after the denial of entry! If I knew about this, I could've applied again and gone back to the ship while waiting for the petition to go through.. But, my Fiance feared that it might cause a problem if I left the Philippines... So now, he's the one coming here to be with me... (L)

; I am an October filer as well, and like you, my entry was denied last May :bonk: !!

(It was really traumatic and I was too afraid to go back to the US ever again).

:ot: The Border Officer told me I have to apply for a B2 Visa (multiple entrance Visa). I had my interview a month later and I was approved after I showed that I have strong ties to the Netherlands.

However, 2 months after my denial I flew back to the US (I never was that nervous), and because I have an "orange" flag on my name, I had to go to secondary security check. Yadee yadee yadee.. After my denial I flew 2 more times (July and stayed for 2 months), and last December/January for 5 days to spend NY's with my Fiance (L).

Though I am going back to the US in 3.5 week again and stay for 3 weeks. Hopefully we'll receive our NOA2 during my stay this March.

:ot2: Like you I was afraid that our I-129f would be denied since my entrance got denied. But a lot of people assured me that it wouldn't infect the process as if I wasn't misrep or got a bar.

Though, how come all of your other visa got cancelled? I've never heard of this before and what was the reason you got denied again?

Sorry if I'm talking about denied entry only, but we both are October filers and we were denied Entrance once. :innocent:

I'm curious what other people have to say about it. But as far as I'm concerned it wouldn't affect your case as long as you haven't overstayed or any other serious threats.


event.png

~~I-129F~~

10/18/2010 - I-129F Filing Date

10/21/2010 - NOA1 Date

02/24/2011 - NOA2 APPROVAL

03/21/2011 - Medicals @ SLEC

04/07/2011 - Interview @ USEM Manila

04/13/2011 - Visa Issued

04/16/2011 - Visa Received

05/02/2011 - POE Seattle

05/08/2011 - Wedding Date!!!

~~AOS~~

05/23/2011 - Sent AOS Package

05/25/2011 - Package delivered and signed for by: D.NESBIT

06/14/2011 - NOA Notice Date; Check Cashed

06/15/2011 - NOA Email and Text Notifications

06/20/2011 - NOA hardcopies received in the mail

06/27/2011 - Biometrics Letter received in the mail (for 07/19/2011)

06/28/2011 - Walk-in Biometrics attempt unsuccessful (USCIS Seattle)

07/19/2011 - Biometrics @ 12noon

07/20/2011 - EAD Card/Document Production & AP Post Decision Activity

07/25/2011 - Second notification on EAD Approval

07/26/2011 - Third notification on EAD Approval

07/28/2011 - EAD AP card in the mail

09/06/2011 - AOS Interview ~ APPROVED!

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The parents may not be accepted as a joint sponsor so make sure that your husband can demonstrate sufficient current income for the I-134 requirement.

Thank you! I am actually a bit confused with this part. I have read different scenarios here on VJ where a joint sponsor has been accepted, and some weren't. So, just to be on the safe side, we had his parents complete both I-134 and I-864 and the necessary supporting documents... My fiance's "current income" will sure be in question, because we have not gone back to the ship since last year. But he have enough savings, investments and rental income coming in. I really hope they won't give us a hard time on this one... :(

The parents may not be accepted as a joint sponsor so make sure that your husband can demonstrate sufficient current income for the I-134 requirement.

Thank you! I am actually a bit confused with this part. I have read different scenarios here on VJ where a joint sponsor has been accepted, and some weren't. So, just to be on the safe side, we had his parents complete both I-134 and I-864 and the necessary supporting documents... My fiance's "current income" will sure be in question, because we have not gone back to the ship since last year. But he have enough savings, investments and rental income coming in. I really hope they won't give us a hard time on this one... :(


event.png

~~I-129F~~

10/18/2010 - I-129F Filing Date

10/21/2010 - NOA1 Date

02/24/2011 - NOA2 APPROVAL

03/21/2011 - Medicals @ SLEC

04/07/2011 - Interview @ USEM Manila

04/13/2011 - Visa Issued

04/16/2011 - Visa Received

05/02/2011 - POE Seattle

05/08/2011 - Wedding Date!!!

~~AOS~~

05/23/2011 - Sent AOS Package

05/25/2011 - Package delivered and signed for by: D.NESBIT

06/14/2011 - NOA Notice Date; Check Cashed

06/15/2011 - NOA Email and Text Notifications

06/20/2011 - NOA hardcopies received in the mail

06/27/2011 - Biometrics Letter received in the mail (for 07/19/2011)

06/28/2011 - Walk-in Biometrics attempt unsuccessful (USCIS Seattle)

07/19/2011 - Biometrics @ 12noon

07/20/2011 - EAD Card/Document Production & AP Post Decision Activity

07/25/2011 - Second notification on EAD Approval

07/26/2011 - Third notification on EAD Approval

07/28/2011 - EAD AP card in the mail

09/06/2011 - AOS Interview ~ APPROVED!

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Thank you! I am actually a bit confused with this part. I have read different scenarios here on VJ where a joint sponsor has been accepted, and some weren't. So, just to be on the safe side, we had his parents complete both I-134 and I-864 and the necessary supporting documents... My fiance's "current income" will sure be in question, because we have not gone back to the ship since last year. But he have enough savings, investments and rental income coming in. I really hope they won't give us a hard time on this one... :(

Thank you! I am actually a bit confused with this part. I have read different scenarios here on VJ where a joint sponsor has been accepted, and some weren't. So, just to be on the safe side, we had his parents complete both I-134 and I-864 and the necessary supporting documents... My fiance's "current income" will sure be in question, because we have not gone back to the ship since last year. But he have enough savings, investments and rental income coming in. I really hope they won't give us a hard time on this one... :(

The I-134 is used with a K1 petition, not the I-864. If his rental income and assets ( discounted at a 3:1 ratio [$3 is assets = $1 in income] ) meet the income threshold he ought to be ok.

Recent college grads and others just starting in their working life are more likely to have a joint sponsor accepted at Manila. Where the USC has been working for a few years the CO may look at this differently. No one can say with any certainty.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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The I-134 is used with a K1 petition, not the I-864. If his rental income and assets ( discounted at a 3:1 ratio [$3 is assets = $1 in income] ) meet the income threshold he ought to be ok.

Recent college grads and others just starting in their working life are more likely to have a joint sponsor accepted at Manila. Where the USC has been working for a few years the CO may look at this differently. No one can say with any certainty.

Thanks for this. You may be right. We're crossing our fingers that things won't get too complicated at the interview. Someone here on VJ posted something about a joint sponsor with the I-864 as it was more "legally binding" and was accepted in the Manila Embassy, another said the a joint sponsor with the I-134 was accepted, and another said they didn't allow it. With all these info and experiences by VJ members in Manila, we'll try our luck to bring as much evidence and support documents as possible... Whew, this process sure is very very stressful... :crying:


event.png

~~I-129F~~

10/18/2010 - I-129F Filing Date

10/21/2010 - NOA1 Date

02/24/2011 - NOA2 APPROVAL

03/21/2011 - Medicals @ SLEC

04/07/2011 - Interview @ USEM Manila

04/13/2011 - Visa Issued

04/16/2011 - Visa Received

05/02/2011 - POE Seattle

05/08/2011 - Wedding Date!!!

~~AOS~~

05/23/2011 - Sent AOS Package

05/25/2011 - Package delivered and signed for by: D.NESBIT

06/14/2011 - NOA Notice Date; Check Cashed

06/15/2011 - NOA Email and Text Notifications

06/20/2011 - NOA hardcopies received in the mail

06/27/2011 - Biometrics Letter received in the mail (for 07/19/2011)

06/28/2011 - Walk-in Biometrics attempt unsuccessful (USCIS Seattle)

07/19/2011 - Biometrics @ 12noon

07/20/2011 - EAD Card/Document Production & AP Post Decision Activity

07/25/2011 - Second notification on EAD Approval

07/26/2011 - Third notification on EAD Approval

07/28/2011 - EAD AP card in the mail

09/06/2011 - AOS Interview ~ APPROVED!

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