Fiance Visa Proof

[MedTech 0]

Hello. I am a citizen of Australia and have a boyfriend in America. I am trying to first attempt at receiving a visa through employment but if there is no opening, I am going to marry my boyfriend. I was intending to marry my boyfriend after I have a job in America so I will have a stable income first but I realize that this can be difficult so now I am thinking of marrying my boyfriend first then work on finding a job.

A little information about myself:

-I am a 27 year old female.

-My boyfriend is an 18 year old male.

-We have known each other for over 4 years now as just a friend to talk to but now we are in love and is interested in getting married.

My question now is what kind of proof and how much of the proof is needed for the visa? In my understanding, I need proof for both the fiance visa and the spouse visa. I was wondering of what kind of proof and how much proof I would need. Do I need a 50 page chat log or will a couple of pages do? What other proof would be sufficient for this visa?

Please tell me other sources of proof as I can only think of chat logs right now. Do they actually read the chat log or do they just look over it? Is it okay if I censor some stuff on the chat log that might be private? Thank you for your help.

[Penguin_ie 5,986]

Proof of meetings is the best evidence of a bonafide relationship, not least because of the time and expense involved. Also photos, especially with eachother's family. Then phone logs, emails, proof of gifts you've given eachother.

Honestly, I am not sure I;d mention you knowing eachother for 4 years, unless it is via family, that may raise an eyebrow or two due to tthe age difference and him only being 14 (but never lie if they do ask!).

[MedTech 0]

Proof of meetings is the best evidence of a bonafide relationship, not least because of the time and expense involved. Also photos, especially with eachother's family. Then phone logs, emails, proof of gifts you've given eachother.

Honestly, I am not sure I;d mention you knowing eachother for 4 years, unless it is via family, that may raise an eyebrow or two due to tthe age difference and him only being 14 (but never lie if they do ask!).

I understand that knowing for 4 years may cause concern but that was when we were just talking as friends on a game. As funny as it is, we met on a game. As we've known each other more and more we fell in love and now we are looking forward to being together.

As for the proofs, if I take the fiance visa route, should I send in only the recent chat logs and such or stuff from back then also if i can find it? If I went to america on a visiting visa and meet him and take some pictures, would that be okay for the evidence of meeting? Do I need to take photos with his family because he will be living in another state while he looks for a job and goes to university so it would be near impossible for me to take a photo with his family.

Also, when he calls me, he uses an international phone card so on the chat log it will only give him the phone number of his international phone card. Is that okay?

Edited August 21, 2011 by MedTech

[missicy 87]

Have you met him in person yet? That is one of the requirements for fiance visa. When he files the petition, he will have to send proof of in person meeting, which is usually plane tickets, passport stamps, hotel receipts with both of your names on it etc. (anything that shows you were in the same place at the same time). Pics are secondary proof. Chat logs are not proof of meeting, but you can use them as proof of ongoing relationship later at the embassy stage (interview).

[bryn&ellen 13]

I entered the US through a fiance visa. One thing I know, is your boyfriend, has to file a petition for you. He has to have a stable job, a home, good income, and other proofs that he can afford to take care of you in the US. My husband had to send his employment records, tax report, bank statements along with the application to petition me as fiance. His application to petition you as a fiance has to be approved first before you can do the next step, like preparing the evidences of relationship. (This I assumed that USCIS has general requirement for Fiance visa application)

[K and L 27]

If you haven't met him in person, you will not get the visa. Meeting in the last two years is one of requirements for the K1 visa.

Another is finances. If he does not make at least $18k/yr or is unable to find someone to sponsor you, will will not get the visa. I don't know if Australia requires the sponsor be family or not. It doesn't matter that you may be capable of making more, what matters is what HE(/they) can provide, since HE(/they) will be (theoretically) supporting you until you are eligible to work (about 2-3 months after you file for your greencard, which will be after your marriage, which will be in the first 90 days after you arrive). If you fully own a home in Australia, you MIGHT be able to leverage that in the asset requirement.

The finance issue is one that exists if you file for the fiancé(e) visa OR the spousal visa.

(Also: if you go for the spousal visa, you really should file for the IR1 visa, because you will be eligible to work immediately.)

[GrayL 47]

Hi MedTech,

Hopefully I can be of assistance, as a fellow Australian, just gone through this entire process..

Met in Person?

First of all, yes, you MUST meet in person at least once during the last two years, they will ask you that at your interview. So I would first of all be booking a flight to go and see him. You cannot begin this process until you do, because you need to show evidence of relationship at the time your boyfriend petitions via the I-129F.

Income?

It also doesn't matter for a second about YOUR income.. no where during this process does your income factor into eligibility of your VISA. It is all down to your boyfriend. That being said, don't panic. My fiance is currently unemployed. But her mom and step-father both co-sponsored me, although, you only need to have one. So, if it's possible just ask your boyfriend's parents or close relative to do a petition.. considering you are quite some time away from needing that (Financial situation comes at the very last stage, prior to your final interview), I won't go into too much detail about that!

Evidence of relationship?

Why not I just tell you what we sent in, that was accepted;

Photos of us together (we have met twice)

Skype call logs (your call logs are fine, just write a note on them stating that the call card calls are when he is phoning you!)

Facebook message logs (about one per month, plus SPECIAL occasions (Christmas, Valentine's Day etc.)

Birthday and Christmas cards sent from my family to my fiance

Engagement Ring Receipt.

Travel Itineraries

Photocopies of my passport pages showing entrance into the USA.

That was all we sent in, and was accepted by the USCIS.

Remember at this stage you're trying to prove that your relationship is genuine, so keep that in mind every single day, keep little things (cards, notes etc.) that you may otherwise discard. When you travel to the US, keep this in mind also, take lots of photos of you happy together, also try and take photos of you with his family, that shows that his family are accepting of your relationship (this was a good one for us). It may also help to take photos at specific landmarks (In NYC, on top of the statue of liberty etc.). Make sure you keep the photos like the first photo of us, the last time we were together etc.

As a fellow Aussie, feel FREE to PM me with all of your questions, more than happy and willing to help out!

Best of luck, it's a long and sometimes bumpy road, but you WILL get there! :-)

Gray

Edited August 21, 2011 by GrayL

[MedTech 0]

I haven't met him but I am going to meet him soon so that's not a big issue. The issue is that some people are saying that there are financial requirements and others are saying that there isn't any so I'm a bit confused on that subject. So if I go to America to meet him on a visiting visa and we go to the movies together or something, would that be proof or does it have to be something more than that? Also, if he needs someone to co-sponsor me, can it be his friend that co-sponsors me or does it have to be his family member?

[TBoneTX 43,284]

You can meet in person for 10 seconds and fulfill that criterion. Anyone whose finances are adequate can serve as a co-sponsor.

Read the "Guides" (atop every VJ page) for the K-1 and CR-1.

[newlyweds2010 208]

I don't want to sound rude or out of place, but how can people decide they want to marry someone without even meeting this person first and spending some time together? This goes beyond the visa requirement, it's more of a common sense thing.

[Ready to do it 101]

+1 especially considering the boy is only 18. He's got his whole life in front of him. Over 50% of all marriages end in divorce. No need to rush into anything. Spend some "serious" time together... weeks together over a period of years. Honestly, what's the rush. Statistics show if you marry, there is over a 50% chance it was a poor decision. You guys have never met, he's only 18, he's not even in the working world yet. Give it time.

I don't want to sound rude or out of place, but how can people decide they want to marry someone without even meeting this person first and spending some time together? This goes beyond the visa requirement, it's more of a common sense thing.

[K and L 27]

@TBone: there are some consulates that don't (or haven't in the past) allow that. Someone who was going through the K1 with me wasn't allowed by the consulate to use a family friend as a co-sponsor. You know how it goes, sí man. And if they were refused, not everyone is willing to push back at them if they deny because the CO didn't like that it wasn't a family member co-sponsoring.

ETA: Really, if the family's not willing to do it, and if it's questionable if Aussie will allow a friend to co-sponsor, the spouse visa (IR1) would probably be better than fiancé/e (K1) because IIRC, USCIS has the I864 from the get-go and it's not in the consulate's hands.

I haven't met him but I am going to meet him soon so that's not a big issue. The issue is that some people are saying that there are financial requirements and others are saying that there isn't any so I'm a bit confused on that subject. So if I go to America to meet him on a visiting visa and we go to the movies together or something, would that be proof or does it have to be something more than that? Also, if he needs someone to co-sponsor me, can it be his friend that co-sponsors me or does it have to be his family member?

There are financial requirements that must be met. Either your fiancé meets them (earning more than ~$18.5k/yr if he's not in the military and ~$15k/yr if he is active military), or he has family who can. You can see the total amount required here (and they would need to include you with the household size for the purposes of seeing if it's met).

Regarding the sponsor being friends or family, it truly depends on the consulate. Most prefer a family member be the co-sponsor, probably because it helps demonstrate the seriousness of the relationship if the family supports it well enough to co-sponsor. (With your age difference, and his young age, that very well could be the difference between a denial and an acceptance.) You might want to inquire in the Australian regional subforum to see what's Australia's position on the matter.

If you go to the US to see him, you should consider staying as long as you can (both with finances and visa), to see how well the two of you actually are together. Or do many trips. Or both.

Or better yet: see if he wants to go to college in Australia.

Edited August 21, 2011 by K and L

[MedTech 0]

I understand the concern with the age and all but please try to stay on the subject. No offense but I don't think my situation between my boyfriend and I are of any concern to anyone besides my boyfriend and I. We both know we are stepping into a serious marriage and we both love each other very much.

@K and L, do you mind explaining what the differences is between the K-1 and the IR1 visa and what makes it a better choice than the K-1 for me? I'm not really sure what you meant in your post.

Also another question is how do I find out if the consulate in my country accepts co-sponsors (if needed) that are close friends of my boyfriend? Is there a way to find out before applying for anything?

[Penguin_ie 5,986]

A K1 is the fiance visa- it is more expensive and you won;t be able to work for 3+ months once in the USA. The IR-1 is for people married more than two years, you'd actually be applying for the CR-1 (conditional visa, get greencard valid for 2 years, need to remove conditions after that). With the CR-1 spousal visa, the legally binding contract between the co-sponsor and the US government happens before you get the visa, and they are usually more accepting of co-sponsors for CR-1s rather than K1s because of that. Also, some people have found that the COs take married people a bit more seriously, especially when there is red flags such as age (I know you said to not be concerned with age, but we are simply because the embassy will be too- you WILL get questions about this at interview).

Anyone who is a US citizen or greencard holder living in the USA can be a co-sponsor- they need not be related, but having the co-sponsor be a relative- and having the "blessing" of both families can help get the visa approved (more important in certain countries where family involvement in weddings is bigger, but always good).

You have stated you will be meeting your love soon. Why not build in a weekend trip to his family? Even if they do not approve, I am sure they'd want to meet this person their son is in love with? At leats one meeting before filing is required, as you have already been told. I would strongly suggest at least one more visit before the interview, preferably 2- it will greatly strengthen your case.

[crizzo83 0]

A K1 is the fiance visa- it is more expensive and you won;t be able to work for 3+ months once in the USA. The IR-1 is for people married more than two years, you'd actually be applying for the CR-1 (conditional visa, get greencard valid for 2 years, need to remove conditions after that). With the CR-1 spousal visa, the legally binding contract between the co-sponsor and the US government happens before you get the visa, and they are usually more accepting of co-sponsors for CR-1s rather than K1s because of that. Also, some people have found that the COs take married people a bit more seriously, especially when there is red flags such as age (I know you said to not be concerned with age, but we are simply because the embassy will be too- you WILL get questions about this at interview).

You can work when you arrive on a K1 Visa as outlined here FYI

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=640a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=640a3e4d77d73210VgnVCM100000082ca60aRCRD