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Demiwolf

Odd situation - applying for K-1 visa

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So I've been freaking myself out for the past 2 weeks when my fiance and I decided to apply for the K-1 visa. Before I ask the questions I should probably explain the story.

I'm from canada and he is from the US. We met online late january of 2011. I had just dropped out of college that month so I wasn't currently or recently employed.

In June of 2011 his mom bought him a greyhound bus ticket to come visit me in Canada. He stayed with me at my home until September. We have plenty of pictures from the various things we did around my home city.

In september 2011, his parents came to Canada to pick us up to visit the US. In february he applied for a new job at mcdonald's (which he is currently in training for becoming a shift-manager). It was nearing 9months being in the US (3 months past the 6 month limit but not enough for requiring a waiver) so I decided it was smart to go home asap. He couldn't come back with me this time because he was now employed.

So now, here are my questions/concerns:

  1. Will my lack of employment history in the past 5 years affect my eligibility. Most of my time before college was spent living with and taking care of my elderly grandmother.
  2. We technically had one big visit from june 2011 to june 2012 and just lived with each other's family the entire time. Will this seem odd to uscis?
  3. We have no hotel receipts, even on actual vacations because his family payed for everything. This is one primary evidence that we're lacking.
  4. Neither of us took a plane. There goes another primary piece of evidence. They didn't stamp our passports or give anything to signify we crossed the border into each other's countries. We're trying to find his bus ticket stubs and the receipt his mom has for it but I fear that won't count for much.
  5. We had no idea the K-1 visa existed while we were visiting each other so we didn't hold on to receipts for any of the stuff we did.
  6. I'm unable to get actual camera-printed dates on my pictures.
  7. I still have to pay off my student loan from college, will having debt cause problems?

There's other things I can't remember right now this second but in general I'm scared that our situation and lack of evidence is going to make applying next to impossible. I considered doing a plane trip (now that we can afford it LOL) but I stayed those extra 3 months and I'm worried I won't be able to cross.

I'll update this topic if I can think of any other details that may help figure this out.

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So I've been freaking myself out for the past 2 weeks when my fiance and I decided to apply for the K-1 visa. Before I ask the questions I should probably explain the story.

I'm from canada and he is from the US. We met online late january of 2011. I had just dropped out of college that month so I wasn't currently or recently employed.

In June of 2011 his mom bought him a greyhound bus ticket to come visit me in Canada. He stayed with me at my home until September. We have plenty of pictures from the various things we did around my home city.

In september 2011, his parents came to Canada to pick us up to visit the US. In february he applied for a new job at mcdonald's (which he is currently in training for becoming a shift-manager). It was nearing 9months being in the US (3 months past the 6 month limit but not enough for requiring a waiver) so I decided it was smart to go home asap. He couldn't come back with me this time because he was now employed.

So now, here are my questions/concerns:

  1. Will my lack of employment history in the past 5 years affect my eligibility. Most of my time before college was spent living with and taking care of my elderly grandmother.
    No. It is the USC petitioner that must fill out an affidavit of support and have enough income to sponsor you. Your lack of employment does not matter.
  2. We technically had one big visit from june 2011 to june 2012 and just lived with each other's family the entire time. Will this seem odd to uscis?
    Should not seem odd, and can be helpful that you spent a lot of time together in person and with each others families.
  3. We have no hotel receipts, even on actual vacations because his family payed for everything. This is one primary evidence that we're lacking.
    Hotel receipts are not required.
  4. Neither of us took a plane. There goes another primary piece of evidence. They didn't stamp our passports or give anything to signify we crossed the border into each other's countries. We're trying to find his bus ticket stubs and the receipt his mom has for it but I fear that won't count for much.
  5. We had no idea the K-1 visa existed while we were visiting each other so we didn't hold on to receipts for any of the stuff we did.
    Find all the evidence you can that you were both visiting each other in person. That is one of the main things for the I-129F petition, to prove you met in person. The bus tickets and receipts from buying them would help a lot. Others that visit from Canada and do not get passport stamps might have more info on what you can use as evidence.
  6. I'm unable to get actual camera-printed dates on my pictures.
    They do not need date stamps. Put the date they were taken, who is in them and where they were taken on the backs, or in captions under the photos if you print them out on regular paper. Show a variety of different settings for each of your visits, and add in some showing the two of you with each others friends and family.
  7. I still have to pay off my student loan from college, will having debt cause problems?
    USCIS does not care about your debts.

There's other things I can't remember right now this second but in general I'm scared that our situation and lack of evidence is going to make applying next to impossible. I considered doing a plane trip (now that we can afford it LOL) but I stayed those extra 3 months and I'm worried I won't be able to cross.

I'll update this topic if I can think of any other details that may help figure this out.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Further to the above post, the financial status of the beneficiary isn't an issue.

The U.S. citizen will need to show that they have income at 125% of the poverty level and that is at the interview stage and when adjusting your status after the visa is issued.

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My fiance (now husband) and I made multiple visits back and forth across the border by car to visit each other and our passports were never stamped. We worried we didn't have a lot of evidence from receipts, phone calls (we used FaceTime to talk)or a whole lot of recent emails. The evidence we provided for the initial application consisted of photographs and our statements of intent and that was enough. On the advice of our lawyer, we also had several friends and family members do up notarized affidavits to include with our package at the interview. The statements included things like how we met, the things we do together, trips we've taken, etc., as well as a statement that in their opinion our relationship was genuine. I'm not sure if the affidavits helped or not, but they didn't hurt our case.


K1 process

2011-07-19 I-129f sent

2011-07-21 NOA1

2011-12-12 NOA2

2011-12-16 NVC received

2011-12-20 NVC left

2011-12-21 Consulate received

2012-01-13 Packet 3 sent

2012-01-25 letter from consulate re: packet 3 (lawyer's mistake)

2012-01-26 Packet 3 re-sent

2012-02-03 Packet 4 sent

2012-03-26 Interview - Passed!

2012-03-31 POE

2012-04-08 Married!!!

AOS

2012-05-04 Sent I-485, I-765 and I-131

2012-05-11 Email receipt confirmation received

2012-05-18 NOA1 received

2012-05-23 Biometrics appointment notice received

2012-05-24 Request for Initial Evidence received

2012-06-06 Biometrics appointment

2012-06-11 Applied for SSN

2012-06-16 SSN arrived (only took 5 days!)

2012-07-24 NBC received our response to RFE

2012-08-07 email notification - EAD & AP approved!

2012-08-16 EAD/AP card received

2012-09-27 AOS approved!

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So I've been freaking myself out for the past 2 weeks when my fiance and I decided to apply for the K-1 visa. Before I ask the questions I should probably explain the story.

I'm from canada and he is from the US. We met online late january of 2011. I had just dropped out of college that month so I wasn't currently or recently employed.

In June of 2011 his mom bought him a greyhound bus ticket to come visit me in Canada. He stayed with me at my home until September. We have plenty of pictures from the various things we did around my home city.

In september 2011, his parents came to Canada to pick us up to visit the US. In february he applied for a new job at mcdonald's (which he is currently in training for becoming a shift-manager). It was nearing 9months being in the US (3 months past the 6 month limit but not enough for requiring a waiver) so I decided it was smart to go home asap. He couldn't come back with me this time because he was now employed.

So now, here are my questions/concerns:

  1. Will my lack of employment history in the past 5 years affect my eligibility. Most of my time before college was spent living with and taking care of my elderly grandmother.
  2. We technically had one big visit from june 2011 to june 2012 and just lived with each other's family the entire time. Will this seem odd to uscis?
  3. We have no hotel receipts, even on actual vacations because his family payed for everything. This is one primary evidence that we're lacking.
  4. Neither of us took a plane. There goes another primary piece of evidence. They didn't stamp our passports or give anything to signify we crossed the border into each other's countries. We're trying to find his bus ticket stubs and the receipt his mom has for it but I fear that won't count for much.
  5. We had no idea the K-1 visa existed while we were visiting each other so we didn't hold on to receipts for any of the stuff we did.
  6. I'm unable to get actual camera-printed dates on my pictures.
  7. I still have to pay off my student loan from college, will having debt cause problems?

There's other things I can't remember right now this second but in general I'm scared that our situation and lack of evidence is going to make applying next to impossible. I considered doing a plane trip (now that we can afford it LOL) but I stayed those extra 3 months and I'm worried I won't be able to cross.

I'll update this topic if I can think of any other details that may help figure this out.

  • No, the beneficiaries lack of employment is not an issue.
  • No having one long "holiday/ vacation" together is not an issue, though if you try to come back to the US before the K-1 is granted it could look like you are trying to live in the US.
  • Not having that material evidence isn't that big of a concern, have emails, skype, photos, letters from family, that kind of thing,everything you can get. If they ask why you do not have X item, tell them why.
  • Write the dates on the back of your photos.
  • The beneficiary having debt is not an issue.

Edited by BrittandDan

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

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Thanks to everyone for the helpful responses. I'm relieved to hear that my concerns shouldn't cause any problems. I don't know what I would have done if I couldn't be with my fiance because of something as silly as not holding on to receipts or not travelling a certain way >_<

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I think you're suppose to have known each other, for more than 2 years, before you apply.

Just saying, you might want to think about that before you start anything.

Exact wording from USCIS site:

  • You have met each other in person within 2 years before you file this petition.

It hasn't been 2 years for you guys yet. (late January 2013 will be 2 years)

But you have met each other is person which is great.

I'm no lawyer, just trying to help.

Good luck & happy journey

Edited by CANbirdUSman

XYlOm10.pngGSPYm10.png
AOS: 2012-12-28
NOA's x 2: 2012-01-04
Bio App: 2012-02-05 (Honolulu, HAWAII)
Upcoming AOS Interview (March 21) RESCHEDULED between March 28 - June 6
EAD/AP combo card: 2013-03-15
AOS interview: APRIL 16th approved
Green Card: April 25th 2013 - 2015

ROC: 2015-Jan-20
NOA: 2015-Jan-27

BIO Appt: 2015-Feb-24

Approved: 2015-May-26

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I think you're suppose to have known each other, for more than 2 years, before you apply.

Just saying, you might want to think about that before you start anything.

That's not correct. You only have to prove that you've met within the two years prior to filing the petition. So, if you meet on June 25, 2012 and file the petition on June 27, 2012, you're fine.


Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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I think you're suppose to have known each other, for more than 2 years, before you apply.

Just saying, you might want to think about that before you start anything.

Exact wording from USCIS site:

  • You have met each other in person within 2 years before you file this petition.

It hasn't been 2 years for you guys yet. (late January 2013 will be 2 years)

But you have met each other is person which is great.

I'm no lawyer, just trying to help.

Good luck & happy journey

The quote you linked is correct.

You are wrong.

You only had to have met in the last 2 years.


We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

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good.gif

OKAY

wow.gif


XYlOm10.pngGSPYm10.png
AOS: 2012-12-28
NOA's x 2: 2012-01-04
Bio App: 2012-02-05 (Honolulu, HAWAII)
Upcoming AOS Interview (March 21) RESCHEDULED between March 28 - June 6
EAD/AP combo card: 2013-03-15
AOS interview: APRIL 16th approved
Green Card: April 25th 2013 - 2015

ROC: 2015-Jan-20
NOA: 2015-Jan-27

BIO Appt: 2015-Feb-24

Approved: 2015-May-26

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That's not correct. You only have to prove that you've met within the two years prior to filing the petition. So, if you meet on June 25, 2012 and file the petition on June 27, 2012, you're fine.

THANKS for correction.

The quote you linked is correct.

You are wrong.

You only had to have met in the last 2 years.

THANKS for that correction


XYlOm10.pngGSPYm10.png
AOS: 2012-12-28
NOA's x 2: 2012-01-04
Bio App: 2012-02-05 (Honolulu, HAWAII)
Upcoming AOS Interview (March 21) RESCHEDULED between March 28 - June 6
EAD/AP combo card: 2013-03-15
AOS interview: APRIL 16th approved
Green Card: April 25th 2013 - 2015

ROC: 2015-Jan-20
NOA: 2015-Jan-27

BIO Appt: 2015-Feb-24

Approved: 2015-May-26

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I think you're suppose to have known each other, for more than 2 years, before you apply.

Just saying, you might want to think about that before you start anything.

Exact wording from USCIS site:

  • You have met each other in person within 2 years before you file this petition.

It hasn't been 2 years for you guys yet. (late January 2013 will be 2 years)

But you have met each other is person which is great.

I'm no lawyer, just trying to help.

Good luck & happy journey

You are wrong.

Read the exact words. The requirement is that they "MET each other in person WITHIN the 2 years" before filing the I-129F. The requirement is NOT that they have known each other for two years.

Edited by aaron2020

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You are wrong.

Read the exact words. The requirement is that they "MET each other in person WITHIN the 2 years" before filing the I-129F. The requirement is NOT that they have known each other for two years.

He knows he was incorrect: re: his 3 responses stating so!

No need to keep at him :P


We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

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More than relaxing when they post, people should only post something here if they KNOW it's true. People come here for advice, and if people just post things that they 'think' without knowing the facts, it confuses people, and what if someone acts on that incorrect action.

In another thread, someone was posting that they have pretty much zero evidence of their meeting. No boarding pass, no receipts for hotels, and not even ONE photo together. He's asking, 'am I ok'. Hell no he's not OK. But of course someone in the thread just posts, 'Oh you'll be fine'.... Imagine?

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