pls!...help!! with the K1 visa!

[Loca2020 0]

Hi everyone,!! im new in this website!!

But i would like some help from you!

im about to apply for the K1 visa!!

my question is:

whats the first thing i have to do?

-someone told me first just sent the I-129 Form and they will sent me a letter saying whats next

but as i was reading online some people sent the I-129 FORM the biography, pictures,letter of marry intent and the money order!

what would you recommend me??

please i need some help on this because im going to do all the process by myself..

atte

hielievelyn

[iampatricias 17]

This link probably has the best information on this site about what else you should be including as you prepare to send your I129 form away. If you don't prepare your initial package with the biographies, pictures, and letter of intent to marry, your package will either be returned as incomplete or else this information will be requested from you later, delaying the processing of your petition.

It's best to put the work in at the start, so the whole process can proceed efficiently and smoothly!

Welcome to VJ!

[jaygregory 1]

if you click on the 'guides' section there is a step by step of the k-1 process and what you need to do at each stage that im sure you will find very helpful,it even has links to the forms u need and examples of how to fill them out

[Juan & Nan 12]

Hi everyone,!! im new in this website!!

But i would like some help from you!

im about to apply for the K1 visa!!

my question is:

whats the first thing i have to do?

-someone told me first just sent the I-129 Form and they will sent me a letter saying whats next

but as i was reading online some people sent the I-129 FORM the biography, pictures,letter of marry intent and the money order!

what would you recommend me??

please i need some help on this because im going to do all the process by myself..

atte

hielievelyn

http://www.visajourney.com/content/k1guide

[HeatDeath 430]

Here's some information that's not in that guide - at least not in so many words:

The I-129F form instructions list a bunch of supporting documentation you need to send in with the I-129F. If you don't include that stuff, the petition will be denied, if they even accept it in the first place.

What you have probably seen is a reference to the practice of front-loading This is where people in include significant amounts of evidence documenting the history and authenticity of their relationship, over and above the requirements listed in the I-129F instructions. I will explain the reason why, depending on what country you are applying though, you might want to do this.

Depending on what country you are in, and other details about your relationship, the local US consulate can sometimes be very skeptical that a relationship is legitimate. They can refuse to issue a visa if they think the relationship is not valid, even if USCIS approved the petition.

Which leads us to an interesting wrinkle. The consulate is allowed to deny a visa based on information they uncover during the interview, that they feel USCIS did not have when they approved the petition. They are also technically allowed to ignore any evidence that is brought to the interview. But, and this is the important point, they are not allowed to disregard evidence that has passed through USCIS's hands - that was included with your initial application and ignored by USCIS [because it's not requested by the I-129F instructions or, strictly speaking, relevant to the approval of the petition] but forwarded by them to the consulate along with your approved petition.

So by front-loading - by including lots of extra relationship evidence with the initial petition, you can force a skeptical or openly hostile consulate to consider relationship evidence they would much rather ignore, and it makes it much harder for them to issue a denial based on the invalidity of the relationship.

Edited March 20, 2011 by HeatDeath

[Juan & Nan 12]

This is a great place to start

K1 guidelines

Hi everyone,!! im new in this website!!

But i would like some help from you!

im about to apply for the K1 visa!!

my question is:

whats the first thing i have to do?

-someone told me first just sent the I-129 Form and they will sent me a letter saying whats next

but as i was reading online some people sent the I-129 FORM the biography, pictures,letter of marry intent and the money order!

what would you recommend me??

please i need some help on this because im going to do all the process by myself..

atte

hielievelyn

[JimVaPhuong 4,863]

Which leads us to an interesting wrinkle. The consulate is allowed to deny a visa based on information they uncover during the interview, that they feel USCIS did not have when they approved the petition. They are also technically allowed to ignore any evidence that is brought to the interview. But, and this is the important point, they are not allowed to disregard evidence that has passed through USCIS's hands - that was included with your initial application and ignored by USCIS [because it's not requested by the I-129F instructions or, strictly speaking, relevant to the approval of the petition] but forwarded by them to the consulate along with your approved petition.

So by front-loading - by including lots of extra relationship evidence with the initial petition, you can force a skeptical or openly hostile consulate to consider relationship evidence they would much rather ignore, and it makes it much harder for them to issue a denial based on the invalidity of the relationship.

The consulate can still ignore evidence that's front loaded with the petition. The problem comes if they deny the visa and cite a reason that was covered by the front loaded evidence. This puts them in the position of either accusing USCIS of being negligent in approving the petition, or virtually guaranteeing the petition approval will be reaffirmed. Consular officers are guided by the Foreign Affairs Manual, section 42.43, note 2.1:

In general, knowledge and reason to believe must be based upon evidence that USCIS did not have available at the time of adjudication and that such evidence, if available, would have resulted in the petition being denied. This evidence often arises as a result of or during the interview of the beneficiary. Reason to believe must be more than mere conjecture or speculation—there must exist the probability, supported by evidence, that the alien is not entitled to status.

This is policy and not law, and consular officers do occasionally screw up and deny visas citing reasons that were clearly covered by front loaded evidence, but they generally try not to do this. It makes them look bad when a substantial majority of the petitions they return to USCIS end up being reaffirmed, and consulates don't like playing ping-pong with petitions. It can also leave the Department of State vulnerable to a civil law suit.

The reasons you gave for front loading are absolutely true, but I don't want anyone to get the impression that frontloading will guarantee a visa. It won't. It can also backfire on you. Frontloading provides evidence the consular officer wouldn't otherwise have, and they can use this evidence to drill deeper at the interview to find a reason to deny the visa. In order for frontloading to work you need to know what factors in your case might be considered red flags by the consular officer, and provide the right evidence to address it. The regional forums here on VJ are a great place to do that research.

[<3 3]

Here's some information that's not in that guide - at least not in so many words:

The I-129F form instructions list a bunch of supporting documentation you need to send in with the I-129F. If you don't include that stuff, the petition will be denied, if they even accept it in the first place.

What you have probably seen is a reference to the practice of front-loading This is where people in include significant amounts of evidence documenting the history and authenticity of their relationship, over and above the requirements listed in the I-129F instructions. I will explain the reason why, depending on what country you are applying though, you might want to do this.

Depending on what country you are in, and other details about your relationship, the local US consulate can sometimes be very skeptical that a relationship is legitimate. They can refuse to issue a visa if they think the relationship is not valid, even if USCIS approved the petition.

Which leads us to an interesting wrinkle. The consulate is allowed to deny a visa based on information they uncover during the interview, that they feel USCIS did not have when they approved the petition. They are also technically allowed to ignore any evidence that is brought to the interview. But, and this is the important point, they are not allowed to disregard evidence that has passed through USCIS's hands - that was included with your initial application and ignored by USCIS [because it's not requested by the I-129F instructions or, strictly speaking, relevant to the approval of the petition] but forwarded by them to the consulate along with your approved petition.

So by front-loading - by including lots of extra relationship evidence with the initial petition, you can force a skeptical or openly hostile consulate to consider relationship evidence they would much rather ignore, and it makes it much harder for them to issue a denial based on the invalidity of the relationship.

ahhh..

I followed the K-1 guide here on VJ but didn't know the reasoning behind it til now. It definitely was a lot of work but I can see why its worth it.