K1 visa..???

[RobynSway2709 0]

Ok..My partner and I are trying to finally be together permenatly and legally... I have some questions, there is a lot I dont understand so any help would be greatly appreciated. Thanks in advance.

If my future father in law provides the affidavit of support, how long is he legally responsible for me?

On the download forms for K-1 visa it says the forms, DS-156k, DS-156 and DS-230 are provides by the embassy, what do i do about these?

If my fiance and I will be living in California do we have to file through the California service centre, I seen in another post that Vermont is the best??

The G-325A that I need to provide for the petition, do I sign it then mail it to my fiance before he files?

Do I need another G-325A form for the K-1 visa?

Is there an actual K-1 Visa form or is that jst the name of the visa recieved?

What forms are required by the embassy before the interview? and during the interview?

I know I know a lot to ask but we are so confused.

Thank you so much.

[* Kristin * 49]

It would be a good idea to start with this: http://www.visajourney.com/content/k1guide

You'll find a lot of your answers there about the initial filing, what you need to gather, etc. You shouldn't be worried about the DS-156, etc. at this stage. What you need to look at are the I-129F and the G-325a at this moment. All the rest will come later.

You will also find instructions in the guide above about where to file - you will send your petition to Texas and it will be transfered based upon your fiance's address (depending what state he lives in); unfortunately - you can't pick where it goes.

Ok..My partner and I are trying to finally be together permenatly and legally... I have some questions, there is a lot I dont understand so any help would be greatly appreciated. Thanks in advance.

If my future father in law provides the affidavit of support, how long is he legally responsible for me?

On the download forms for K-1 visa it says the forms, DS-156k, DS-156 and DS-230 are provides by the embassy, what do i do about these?

If my fiance and I will be living in California do we have to file through the California service centre, I seen in another post that Vermont is the best??

The G-325A that I need to provide for the petition, do I sign it then mail it to my fiance before he files?

Do I need another G-325A form for the K-1 visa?

Is there an actual K-1 Visa form or is that jst the name of the visa recieved?

What forms are required by the embassy before the interview? and during the interview?

I know I know a lot to ask but we are so confused.

Thank you so much.

[dindo and patty 20]

Spend a day or two reading up on the guides. The link is below. Once you've familiarized yourself with the process of submitting your I129F petition (K-1), you'll have answered a lot of the questions you posted. Once you've started to put the petition file and you get stuck, go back to VJ and ask away as there are plenty of helpful members here.

http://www.visajourn.../content/guides

The second link is the USCIS website where you can download all the most up-to-date forms you will need.

http://www.uscis.gov...00045f3d6a1RCRD

Take care of the I129F petition first as this will take anywhere from 4-6 months on average. All the interview stuff will come after you're I129F is approved. You must have a lot of patience when going through this process. Good luck on your journey!

Here is another link for example forms which helps a lot.

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

Edited June 2, 2011 by dindo and patty

[Que Saudade 284]

These are all great questions. I will start by giving you a link that answers most of these.

http://www.visajourney.com/forums/topic/300-general-k1-guides-and-info/

It is quite beneficial and will serve you greatly in this process.

Some quick answers though. The petitioner (US Citizen) files the I-129F (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a10e4154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD) on behalf of the petitioner. All applications go to Dallas Lockboc Facility. Address is on the instruction sheet that you download from link I gave you. They forward to appropriate sevice center. You will get a letter accepting the petition and a case### called Notice of Action. (This is your first one so called NOA1)

Yes you have to sign your G-325A as well as the letter of intent and send passport style photos to be sent in with the I-129F.

OK, once approved, the case will be forwarded to NVC where it is assigned a new case# and then forwarded to Consulate where the beneficiary will submit application for K1 Visa thus the DS-230, DS-156 etc...... You have time for this as the current wait for the I-129F to be approved (NOA2) is about 3-4 months at California Service Center and about 5 months at Vermont. They appear to be faster than when we got ours....

So for now, just read from the link I gave you. Take a deep breath and you will be fine. There are lots of people who do this and you guys will be one of them. Just take the responsibility to inform your self and always read the instructions. Also, read the posts about K1 process and look at the responses other people get. Usually, your questions can be answered there also.

I know, it is a lot of overwhelming information. Just do not rush and make a mistake.

Good Luck with your journey

Edited June 2, 2011 by John & Mari

[RobynSway2709 0]

Thank you for all your responses.

We are mainly concerned about how long his dad would be legally responsible for me? untill i start working? until i am a permanent resident? conditions are removed? green card? any ideas?

Thanks

[CESep 4]

The G-325A that I need to provide for the petition, do I sign it then mail it to my fiance before he files?

Yes, that way it has an original signature. It's also advisable to do signatures in blue ink so they can tell the difference between real and a copy (the rest should be filled out in black though). You may want to send him two with your original sig so he has a backup.

Is there an actual K-1 Visa form or is that jst the name of the visa recieved?

No, there is no "K-1 Visa form". That is the name of the visa you will receive. Some will refer to the I-129F as the K1 visa form, since that is the one called "Petition for Alien Fiance". But that is just the initial petition form (step one of the whole process). Then there are the visa application forms that you give to the consulate in your country after the petition is approved by USCIS.

Good luck! And don't be afraid to ask lots of questions!

Also, I find it helpful to use the search bar on VisaJourney before I ask a question on the forum because a lot have been answered before. But no harm in asking again if you don't understand or kind find the specific answer.

[Que Saudade 284]

Thank you for all your responses.

We are mainly concerned about how long his dad would be legally responsible for me? untill i start working? until i am a permanent resident? conditions are removed? green card? any ideas?

Thanks

Where are you (I am assuming the beneficiary) from? This will help with giving better answers as each consulate may have different requirements and ways of handling things.

The general answer for liability is

1. The immigrant has accrued 40 credits (10 years) of Social Security entitlement through working in the US. This time can be shortened substantially if both immigrant and USC spouse are working, and combining Social Security credits.

2. The immigrant has become a US citizen.

3. The immigrant has lost their legal status, and is no longer living in the US.

4. Either the immigrant or sponsor has died.

Edited June 2, 2011 by John & Mari

[dindo and patty 20]

For the purpose of getting an approved visa after your I129F petition is approved, an I-134 affidavit of support is needed. Once, you're in the US and files for an adjustment of status (AOS), an I-864 affidavit of support is filed. it doesn't matter who your sponsors will be at that time, but this is what the instrcutions on I-864 states regarding the sponsor's obligation:

Your obligation to support the immigrant(s) you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States. Although 40 qualifying quarters of work (credits) generally equate to ten years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count qualifying quarters (credits) of work. The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States. Divorce does not end the sponsorship obligation.

I hope this helps!

Thank you for all your responses.

We are mainly concerned about how long his dad would be legally responsible for me? untill i start working? until i am a permanent resident? conditions are removed? green card? any ideas?

Thanks

[CESep 4]

The general answer for liability is

1. The immigrant has accrued 40 credits (10 years) of Social Security entitlement through working in the US. This time can be shortened substantially if both immigrant and USC spouse are working, and combining Social Security credits.

2. The immigrant has become a US citizen.

3. The immigrant has lost their legal status, and is no longer living in the US.

4. Either the immigrant or sponsor has died.

Also, please note that another affidavit of support has to be filled out when you apply for AOS (adjustment of status), which would be less than 3 months after you enter on the K1 visa. The AOS affidavit requires 125% of above poverty line, while the K1 affidavit requires 100% (they use different forms).

[Que Saudade 284]

Also, please note that another affidavit of support has to be filled out when you apply for AOS (adjustment of status), which would be less than 3 months after you enter on the K1 visa. The AOS affidavit requires 125% of above poverty line, while the K1 affidavit requires 100% (they use different forms).

Yes, you are correct. The I-864 has to be sent in with AOS package and that is the legally binding form for support. Not the I-134. And it does not exactly have to be within 3 months. But it is a good idea to file AOS as soon as possible after marriage.

Edited June 2, 2011 by John & Mari

[RobynSway2709 0]

Ok all these replies are great thank you all so much.

So the i-134 is legally binding until i become a citizen?

The i-864 is when im adjusting status? is this legally binding for longer? or still until im a citizen?

thanks

[Que Saudade 284]

Ok all these replies are great thank you all so much.

So the i-134 is legally binding until i become a citizen?

The i-864 is when im adjusting status? is this legally binding for longer? or still until im a citizen?

thanks

No, as the beneficiary has not yet been approved. There are no cases where the I-134 has been enforced. However, once in the states and married, then you file an Adjustment of Status. At that time, another affidavit of support (I-864) is required and that is the enforceable document until:

1. The immigrant has accrued 40 credits (10 years) of Social Security entitlement through working in the US. This time can be shortened substantially if both immigrant and USC spouse are working, and combining Social Security credits.

2. The immigrant has become a US citizen.

3. The immigrant has lost their legal status, and is no longer living in the US.

4. Either the immigrant or sponsor has died.

Edited June 2, 2011 by John & Mari

[RobynSway2709 0]

No, as the beneficiary has not yet been approved. There are no cases where the I-134 has been enforced. However, once in the states and married, then you file an Adjustment of Status. At that time, another affidavit of support (I-864) is required and that is the enforceable document until:

1. The immigrant has accrued 40 credits (10 years) of Social Security entitlement through working in the US. This time can be shortened substantially if both immigrant and USC spouse are working, and combining Social Security credits.

2. The immigrant has become a US citizen.

3. The immigrant has lost their legal status, and is no longer living in the US.

4. Either the immigrant or sponsor has died.

The I-134 form says that the sponser is obligated until i am a citizen or i leave etc.. why does it say it on that form?

[Que Saudade 284]

The I-134 form says that the sponser is obligated until i am a citizen or i leave etc.. why does it say it on that form?

I don't know why however, I do know that the I-134 is not really legally binding. They can't force anyone to support someone who hasn't immigrated yet, and who may end up not immigrating if the visa is denied. Despite what it says on the form, nobody has ever been held liable to support an immigrant based on the I-134 alone.

[Gosia & Tito 199]

Thank you for all your responses.

We are mainly concerned about how long his dad would be legally responsible for me? untill i start working? until i am a permanent resident? conditions are removed? green card? any ideas?

Thanks

He will be legally/financially responsible (in case your husband cannot provide) until you become a citizen, about 3 to 3 1/2 years more or less after you have your green card.