-=[ So the process begins...

[K Jewels 1]

Hello all,

I've been lurking the forums for over a couple of weeks now and read numerous threads. It is very encouraging to read everyone's timelines and success stories. I hope that some of you could take the time to read this post and possible give me a bit of guidance =o)

Background info I am concerned about:

Me: Honorably discharged veteran. Naturalized citizen (after 10 years of requests... ). Currently self employed small busines owner. Behind

in about 2 years of taxes I need to finish filing. Was married @ a young age over 11 years ago. Was served divorce papers by the ex 2

years later but was not present to sign (was in the military traveling around).

Her: Recently received her permanent residency in Australia after being a student and getting a job there. Has traveled many other countries

with ease. Was denied student visa request to the US approx 7 years ago, 2x. Recently denied B1/B2 visitor's visa due to not having

compelling evidence that she was going to return.

Us: Known each other for over 2 years online. We both lived our separate lives but things started getting serious last fall around Sept 2012.

Decided to meet in our home country & meet her family Jan 2012. Spent the whole month of Jan there together. Decided we wanted to get

married soon and be together as soon as possible. Was told it was faster to do fiance visa instead of marrying first and then doing

spouse sponsorship. I plan on visiting her soon in May/June once the paperwork starts since she was denied travel visa.

Keying in my concerns:

1) I am currently working with my accountant to correct and bring my taxes up to date. Because of recent economic issues affecting my

business, I will be filing at a loss. I do have my parents business to co-sponsor if I need to meet sufficient income. However, even

operating at a loss, I still make more than the required income.

2) I cannot locate my ex to see if the divorce papers filed years ago went through or not. If it did I do not know where to file for an

original copy of the divorce. If I have to file for separate divorce again do I need to file in the state I was married or can I file in

current state?

3) Will the short amount of time we spent together affect their decision?

4) Will her denials for student visa and recent travel visa affect their decision?

5) Does my veteran status help at all? Will writing to my congressmen help at all?

Thank you everyone for taking your time to read my post. Hopefully some of you may have had similar experiences you can share =o)

BTW... Ex Australians, what were your average wait times from beginning to end? Thanks!

-J

[Xanax 349]

Hi,

Firstly, welcome to VJ. These forums are great and I hope you get a lot out of them!

I can't answer all your questions but I can give you a little advice from my own experiences/ what I know.

One thing I will say is when / if my visa is approved I will not be an "Ex-Australian" people might get funny if you call them that. Though I am moving to the US to be with my partner, I am still an Australian, I hope to have dual citizenship and I will always consider myself Australian and or Australian/American

1) I am currently working with my accountant to correct and bring my taxes up to date. Because of recent economic issues affecting my

business, I will be filing at a loss. I do have my parents business to co-sponsor if I need to meet sufficient income. However, even

operating at a loss, I still make more than the required income.

I do not see a question here.

In terms of income, all you need is to be above the threshold and prove that your fiance will not become a public charge. If you are above that threshold you will not need a co-sponsor. You will probably be asked to provide tax receipt for the last 2-5 years so make sure it is all up to date and above board.

2) I cannot locate my ex to see if the divorce papers filed years ago went through or not. If it did I do not know where to file for an

original copy of the divorce. If I have to file for separate divorce again do I need to file in the state I was married or can I file in

current state?

I believe you can file from anywhere. I would consult a lawyer to find out how to go about finding out if you are divorced or not.

You both MUST be free to marry when you start the K1 process so you need to know BEFORE you start the petition.Or it WILL be denied

3) Will the short amount of time we spent together affect their decision?

You need to have proof of an on-going relationship with intent to marry. It may look suspicious if you have been together for a short period of time. I would say 6-12 months is a good place to start. You started seeing eachother in September of 2011? That is 5 months so considering you need to get your tax in order and find out about your divorce before you file, this should add time to your relationship and you should be fine. You need to provide lots of evidence of you relationship, so be prepared, emails, plane tickets, letters, cards, tickets, skype, photos of you two together. If you have been together for a short period of time I would get more evidence- it cannot hurt!

4) Will her denials for student visa and recent travel visa affect their decision?

They may want to know why she was denied but this petition should be seperate and evaluated seperately.

** Why does your partner still need a "travel visa"? I am curious as to why your fiancee cannot travel on the VWP?

5) Does my veteran status help at all?

Nope.

Will writing to my congressmen help at all?

You do not need to do this and they will probably tell you to start the process first. Congressmen generally step in after the fact, during denials, AP, long waits on NOA2's etc , I believe.

I hope this was helpful, if I was incorrect I hope someone will correct me.

Edited February 29, 2012 by BrittandDan

[Moomin 292]

Welcome to VJ and congrats on engagement

1 - Owing money or similar shouldn't directly have an effect on you being a sponsor. It's owing money to the IRS that's a deal breaker if you haven't set up a payment plan. The i-134 only requires you to send the most recent tax return though it's up to the embassy. An Aussie can help you better here than I can.

2 - The divorce papers are crucial to submit in your petition. Go to the country clerk's office where the divorce was granted. I'd first look at the county your ex-wife lived in at the time of filing for divorce. It depends on the state however.

3 - People have been approved by less time spent together in person. You meet the one requirement of having met once within the last 2 years so the petition is not going to get denied because of it. It's up to the embassy to determine if it smells fishy, however you can make up for it through another visit to show ongoing relationship if possible.

4 -No. Not unless your fiancee applied dozens of times and out of sudden, she goes for a fiancee visa. This mostly applies to countries where fraud is high or the goal is simply to get to the US through any kind of path. It won't have a negative effect otherwise - at least it shouldn't.

5 - It help to be in active duty overseas when it comes to expediting a petition. Unfortunately no, your service doesn't have a benefit when it comes to immigration.

[ann and aties 9]

I don't understand how you can file your taxes with a loss but still say you make over the threshold. They will look at your net self-employment income after expenses, not your gross receipts Maybe I have misunderstood and if so, I apologize. (I am both self employed as well as a tax preparer so I do have experience with filing for a visa and my taxes as self employed.) But it does seem you will need a co-sponsor. This is a helpful forum, I hope you find the advice you need. Read all the guides twice and the instructions to the forms twice. Good luck with your journey.

[K Jewels 1]

@BrittandDan

Wow! Thanks for taking ur time to reply!

Sorry, didn't mean to say ex-Australian. I suppose you are correct, cause I do consider myself Vietnamese-American... =o)

She couldn't get VWP because she's a permanent resident of AUS. Her country of origin is Vietnam. She is elgible to apply for AUS citizenship I think later this year.

@moomin

1) I don't owe money to the IRS that I know of. I just need to properly file my taxes for the past 2 years. Long story, my original accountant disappeared after they filed for bankruptcy.

2) I can't locate my ex to even know where she filed. I wish we had a national tracking system... considering each state has it's own divorce laws. I just never bothered to follow-up all these years because it didn't occur to me that I wanted to get married again lol. Thus, leading to... I dunno how to do a proper divorce when I can't locate my ex. After reading the forums for the past 2 weeks+ and googling tons... I'm getting a bit lost in this particular matter.

3) This is a good sign I do understand that every case is different not to mention whoever processes the paperwork/interviewer will have a mind of their own :/ lol

4) Another good sign... She has been nervous about this and biting her nails. Kinda frusterating for her to get rejected so many times not to mention taking it personal and feeling a bit less of a person for not qualifying. I have been trying to reassure her that it's nothing personal (even though I'm not so sure myself at times why this has to be so difficult... lol)...

5) Unfortunately my days of deployment are over (at least for now). I was hoping my vet status would be considered. It took me 11+ years to get naturalized from the days of paying only $95 to the INS, to BCIS, and now USCIS/DHS. So many times they missed their promised deadlines and lost of paperwork. It finally took a letter I wrote to them stating that I was @ the Pentagon during 9/11 and Bush declared the attack as an act of war was I able to get a waiver on the filing fee ($495 at the time).

Thanks for your answers!

@ ann and aties

I was talking about my gross receipts. My business as an entity suffered a loss. I did pay myself as an employee at less than minimum wage. It's a bit complicated, I hope my new accountant can figure something out of the mess my other one had left behind. =o) I have no problem getting a co-sponsor though if needed.

Again, thanks everyone... I kinda got a lot of my answers if not encouraging responses.

I feel like I'm part of an AA support group, replacing AA with immigration issues lol.

BTW: To all

Should I pay a lawyer to handle the whole process? My only concern is that the luck I have with INS/USCIS over the years is not so promising and I don't want to lose precious time. However, I don't feel like hiring a lawyer who is gonna make me do the all legwork anyway and just send the package in as if I were sending it myself. I mean are do they prep you for interview questions in addition to making sure that we have all the proper supporting docs?

Needless to say, I definitely will read everything word for word and provide whatever docs I can get together. I'm psyched at the same time a bit anxiously scared of the whole process.

[Xanax 349]

Hi again, you are welcome - always happy to help (or try to help)

• I would not contact a lawyer at this stage to handle the visa. It is all relatively simple, if not time consuming unless some issues arise.
  
• That sucks about your accountant! I would get everything in order with your tax first, I am sure you want to anyway for piece of mind.
  
• I have NO idea about the divorce no idea how to check if you are divorced. Can you search public records for divorce? Presumably she would have filed where you lived? Start there, checking with the county clerk there first as the previous poster said, then if no luck, I would go to where she first lived (home town), then I would try to contact her, find her, try family, friends, try to find her. Then if no luck I would contact a lawyer or get some free legal aid advice. HELL, why not even do it all at the same time??
  
• As moomin said, people have been approved with less but, have more, protect yourselves, save yourselves for RFE's refilings and denials by having the utmost evidence!
  
• As I said no way to expedite unless you are actively serving - I know it sucks!
  
• My ultimate advice is , 1) fix tax, 2 ) find out about divorce and refile if needed , 3) once tax and divorce issues are settled, then file k1 as you cannot file for k1 if still married or not free to marry (well you can but it will be denied.
  

If your partner wants to do some things so it does not feel like she is doing nothing while waiting she can; get her vaccinations that she will need during AOS; look into getting her police certificates for all the countries she lived in for 6 months or over after the age of 15-16 (not sure which), though with police certificates the Aus one is only valid for 1 year so it is time sensitive; gather evidence of your relationship; write her letter of intent; fill out the G325a and go over all the other things she may need to do for the process so at least on her end all she will need to do is give you the items or send when when the time comes and it is quick, quick, quick once your issues (tax/ divorce) are resolved.

Edited February 29, 2012 by BrittandDan

[K Jewels 1]

Btw... is it possible for her to reapply for B1/B2 visitor's VISA while I initiate the K-1? She has all intentions of returning.... We just want to be together that's all...

-J

[Xanax 349]

Yes you can visit on a visitors visa while waiting for yoru K1 approval.

If your partner wishes to make a temporary visit to the US while your application for a Fiance(e) visa is being processed, she will require a visitor's visa (B-1/B-2) as you know, if you meet the conditions, travel visa-free.

If you get the visa great,however, all travelers to the US are subject to inspection at the port of entry by an immigration officer who has the right to deny admissions- these decisions are non-negotiable and not up for discussion. So you could get your visitors visa, get there and be turned away anyway.

If you succeed in getting a visitors visa your financee would have to have substancial proof to show CBP that she was returning home and not intending to stay so she doesn't get turned away.

[K Jewels 1]

Yes you can visit on a visitors visa while waiting for yoru K1 approval.

If your partner wishes to make a temporary visit to the US while your application for a Fiance(e) visa is being processed, she will require a visitor's visa (B-1/B-2) as you know, if you meet the conditions, travel visa-free.

If you get the visa great,however, all travelers to the US are subject to inspection at the port of entry by an immigration officer who has the right to deny admissions- these decisions are non-negotiable and not up for discussion. So you could get your visitors visa, get there and be turned away anyway.

If you succeed in getting a visitors visa your financee would have to have substancial proof to show CBP that she was returning home and not intending to stay so she doesn't get turned away.

Why...why...why!!!! lol...

I guess I'll just null the risk and maybe use this as an excuse to visit your beautiful country a few times =o)

[Moomin 292]

I reckon BrittanDan's got this one regarding Aus information.

As for the divorce, you'll need to get in contact with vital records, here's link, choose your state; http://www.cdc.gov/nchs/w2w.htm

Anything that's in your name you can get hold of, and I'm fairly sure they can guide you in case you don't get specific answers.

Now tell your fiancee to calm down and stop chowing on her fingernails and enjoy the food in Australia instead while she's still in the country

[Moomin 292]

Ahh, one more thing, you'll probably get the hang of it later in the process at interview stage. You fiancee, if having lived in other countries than home country for more than 6 months, has to get a police clearance/record from those countries. If it's only a matter of staying in a country for a couple of months(i.e. visiting) then don't worry about it.

[K Jewels 1]

Ahh, one more thing, you'll probably get the hang of it later in the process at interview stage. You fiancee, if having lived in other countries than home country for more than 6 months, has to get a police clearance/record from those countries. If it's only a matter of staying in a country for a couple of months(i.e. visiting) then don't worry about it.

Good to know... Thanks!!!

[Xanax 349]

If your partner wants to do some things so it does not feel like she is doing nothing while waiting she can; get her vaccinations that she will need during AOS; look into getting her police certificates for all the countries she lived in for 6 months or over after the age of 15-16 (not sure which), though with police certificates the Aus one is only valid for 1 year so it is time sensitive; gather evidence of your relationship; write her letter of intent; fill out the G325a and go over all the other things she may need to do for the process so at least on her end all she will need to do is give you the items or send when when the time comes and it is quick, quick, quick once your issues (tax/ divorce) are resolved.

hehe

Edited February 29, 2012 by BrittandDan

[K Jewels 1]

hehe

hrmm... where does the letter intent come in during this process? I just got doen filling out only the I-129F... I'll read more

[Xanax 349]

You both needed to send a letter of intent to marry with the I-129f packet. If you have sent the I-129f without this you will get an RFE.

It should have looked like this for yourself and then on your fiancee's everywhere where it says petitioner replace beneficiary

--

Fiancé Letter of Intent

<petitioner’s name>

<petitioner’s address>

<petitioner’s phone number>

United States Department of Homeland Security

U.S. Citizenship and Immigration Services

<USCIS service center address>

<today’s date>

Dear Sir or Madam:

I, <petitioner’s name>, do hereby state that I am legally able and willing to marry <beneficiary’s name>, and intend to do so within 90 days of <his/her> arrival into the US using the K-1 visa.

Yours truly,

<petitioner’s signature>

<petitioner’s name>