K-1 Visa... how are our chances?

[duraaraa 203]

Hello! Thanks in advance for any help or advice I get.

I am the petitioner for a K-1 visa for my fiance, as well as K-2 visas for her four children.

I lived in Mongolia for about a year and a half, nine months of that time we were living together as a family. This is basically my strongest argument for the relationship to be considered bona fide.

I am worried about the following:

She has four children, but was never married (her children have a blank space for the father on the birth certificates.)

She is 12 years older than I am. I am still young (I will be 26 at the time of the interview, she will probably be 37)

She comes from a poor family (orphaned when she was three years old, raised by communism and her older brothers.) She lives in a traditional Mongolian ger (a felt tent), which I rather enjoyed living in, but could be considered a negative.

We do not have a huge album of pictures. I simply am not the type to take them. We do have lots of pictures of the kids, me with the kids, pictures of her and the kids taken by me, etc, but not many of us standing in a romantic embrace under a waterfall or anything. I'm shy and don't like to have my photo taken very often. She's more or less the same way. In hindsight, I would have taken more.

I left Mongolia in late August, so it's almost half a year we have been apart. I finally got the application filed in December, and I have a full-time job which makes 42,000 a year, and a part time job that adds roughly 6,000 a year to it. I do not, however, have tax returns to show that yet, but I have been saving all of my pay slips. Is that acceptable? I don't think my income from Mongolia is considered above the poverty line for a family of six in the U.S., unfortunately, but my parents are willing to do what they can to help.

Really, any advice for my situation would be great. I don't know how strict they are at the Mongolian embassy (I tried to get a B-2 visa for her son before, but he was denied, mainly, because he was a child, apparently. I was able to get him a visa to Japan, though, although we ended up cancelling that trip.) She has never applied for a visa anywhere, and doesn't have a passport yet. Until we met, she never had any plan of leaving Mongolia.

I should mention that I am not ethnically Mongolian (I'm English/Norwegian/Danish), but I do speak the language. They do not speak English. Should I handwrite something in Mongolian, or make a youtube video of myself talking to prove this, or do they generally take people's word with regards to the American fiancee speaking the foreign language?

So, I'd like to know what I should have her bring to the interview, what kind of questions to expect, and what our chances are. If denied, I will have to quit my job and move back to Mongolia, as spending any more time apart is extremely hard for me, and just as hard on them. I just really want to be able to both keep my job and marry and live with my family.

I submitted the application in December, and expect the results in May. It's in the California center.

Thanks for any advice.

Edited January 5, 2013 by duraaraa

[KennyJ 10]

Hello! Thanks in advance for any help or advice I get.

I am the petitioner for a K-1 visa for my fiance, as well as K-2 visas for her four children.

I lived in Mongolia for about a year and a half, nine months of that time we were living together as a family. This is basically my strongest argument for the relationship to be considered bona fide.

I am worried about the following:

She has four children, but was never married (her children have a blank space for the father on the birth certificates.)

She is 12 years older than I am. I am still young (I will be 26 at the time of the interview, she will probably be 37)

She comes from a poor family (orphaned when she was three years old, raised by communism and her older brothers.) She lives in a traditional Mongolian ger (a felt tent), which I rather enjoyed living in, but could be considered a negative.

We do not have a huge album of pictures. I simply am not the type to take them. We do have lots of pictures of the kids, me with the kids, pictures of her and the kids taken by me, etc, but not many of us standing in a romantic embrace under a waterfall or anything. I'm shy and don't like to have my photo taken very often. She's more or less the same way. In hindsight, I would have taken more.

I left Mongolia in late August, so it's almost half a year we have been apart. I finally got the application filed in December, and I have a full-time job which makes 42,000 a year, and a part time job that adds roughly 6,000 a year to it. I do not, however, have tax returns to show that yet, but I have been saving all of my pay slips. Is that acceptable? I don't think my income from Mongolia is considered above the poverty line for a family of six in the U.S., unfortunately, but my parents are willing to do what they can to help.

Really, any advice for my situation would be great. I don't know how strict they are at the Mongolian embassy (I tried to get a B-2 visa for her son before, but he was denied, mainly, because he was a child, apparently. I was able to get him a visa to Japan, though, although we ended up cancelling that trip.) She has never applied for a visa anywhere, and doesn't have a passport yet. Until we met, she never had any plan of leaving Mongolia.

I should mention that I am not ethnically Mongolian (I'm English/Norwegian/Danish), but I do speak the language. They do not speak English. Should I handwrite something in Mongolian, or make a youtube video of myself talking to prove this, or do they generally take people's word with regards to the American fiancee speaking the foreign language?

So, I'd like to know what I should have her bring to the interview, what kind of questions to expect, and what our chances are. If denied, I will have to quit my job and move back to Mongolia, as spending any more time apart is extremely hard for me, and just as hard on them. I just really want to be able to both keep my job and marry and live with my family.

I submitted the application in December, and expect the results in May. It's in the California center.

Thanks for any advice.

1) She definitely needs to apply for a passport.

2) the CO doesn't know you guys live together for 9 months so you need to have a lot of evidences: bank accounts, rental agreement, utility bills...etc.. to show you have been living with her for those periods

3) Pictures don't have to be romantic but they are better that way. More pictures of you guys together the better

4) As far as your income, the CO counts recent income so I would submit your latest pay stubs as well. $48000 is enough for family of 6 according to guideline http://www.uscis.gov/files/form/i-864p.pdf

5) About age difference, I don't know about Mongolian culture if it is considered as "taboo" there then be prepared to explain your love/affection. I would ask her and your relatives to write affidavit of supporting your relationship.

6) Do you have any pictures of your family with her at all? Did you have engagement party?

7) When the interview comes I strongly suggest you be there as well. The chance of approval with petitioner presence is greatly increase.

From what I know most of the questions for case like yours will be about her knowledge of your family. They will ask her your parents' name, where you live, work place, brothers/sisters' names..etc.. The CO will find it difficult to believe a bona fide relationship if she doesn't know anything about your family or your life in America.

Edited January 5, 2013 by KoJ

[KennyJ 10]

Also create a Timeline of your relationship. It helps a lot.

[duraaraa 203]

1) She definitely needs to apply for a passport.

2) the CO doesn't know you guys live together for 9 months so you need to have a lot of evidences: bank accounts, rental agreement, utility bills...etc.. to show you have been living with her for those periods

3) Pictures don't have to be romantic but they are better that way. More pictures of you guys together the better

4) As far as your income, the CO counts recent income so I would submit your latest pay stubs as well. $48000 is enough for family of 6 according to guideline

5) About age difference, I don't know about Mongolian culture if it is considered as "taboo" there then be prepared to explain your love/affection. I would ask her and your relatives to write affidavit of supporting your relationship.

6) Do you have any pictures of your family with her at all? Did you have engagement party?

7) When the interview comes I strongly suggest you be there as well. The chance of approval with petitioner presence is greatly increase.

From what I know most of the questions for case like yours will be about her knowledge of your family. They will ask her your parents' name, where you live, work place, brothers/sisters' names..etc.. The CO will find it difficult to believe a bona fide relationship if she doesn't know anything about your family or your life in America.

Thanks for the response.

1. Of course. She will get one by the time of the interview.

2. I put that we live together on the application to USCIS. Will they not know from that? In Mongolia, I lived on the property which she owns, so there is no rental agreement. It is a felt tent, so there are no official utility bills, either. The closest thing I have to that is cell phone bills.

3. I'll do my best to find as many as possible. As I said, I have lots with the kids, but usually one of us was taking the picture, so there aren't a whole lot with both of us in them.

4. As long as pay stubs will be acceptable, then, I'm not worried about it.

5. In Mongolian culture, there is no taboo that I am aware of regarding marrying people younger or older. It's more common for the man to be older than the woman, of course, but it's not unheard of for the woman to be older. I've handwritten a letter for the officer to be shown about how I feel with regards to our relationship, and I will get letters from my and her families.

6. My family has never visited Mongolia. We did not have an engagement party. The only way for my parents to meet her would be for her to come here, as my parents are unable to sit on long flights. On the other hand, I already submitted to USCIS a picture of myself with her and her brothers. Her parents are no longer alive, so her brothers are the family she has left. They are supportive of our relationship.

7. I am considering this, but it's very difficult for me to take that much time off of a job which I recently started. I'll need to use the money I've been saving to fly her and her children out here and to provide for them, and the flights are very expensive.

Regarding knowledge of my family, she knows their names, and she knows their personalities quite well, as I've often told her about my family. I'm not worried about any kinds of questions, directed at her, or even at the kids, to prove that they know me well.

From what I have gathered, it's important that the officer has a solid reason to assume that the marriage is not bona fide. Is "it's unusual that this guy wants to marry an older woman with children" a solid reason? That's my main concern.

Edited January 6, 2013 by duraaraa

[duraaraa 203]

Sorry, double post.

Edited January 6, 2013 by duraaraa

[KennyJ 10]

Sorry, double post.

For developing countries (at least in VN) the CO has these theories before interview

1) Fraud, did the USC accept money from beneficiary?

2) Fraud, is the USC helping beneficiary for immigration purpose?

3) Fraud, maybe the beneficiary is using the USC for immigration purpose and the USC is unaware of that intention.

Just remember anything you want the CO to believe in your relationship you need to show that on papers/evidences. As for her side she just has to know all answers about you.

Good luck and keep us update.

[duraaraa 203]

For developing countries (at least in VN) the CO has these theories before interview

1) Fraud, did the USC accept money from beneficiary?

2) Fraud, is the USC helping beneficiary for immigration purpose?

3) Fraud, maybe the beneficiary is using the USC for immigration purpose and the USC is unaware of that intention.

Just remember anything you want the CO to believe in your relationship you need to show that on papers/evidences. As for her side she just has to know all answers about you.

Good luck and keep us update.

How much are they willing to look at the evidence? There are emails that I would want to have them actually read, and other things which could be very strong proof of our relationship. I'm just concerned they might not have the time to do more than taking a short glance.

Is the burden on me to prove that it isn't fraud (like the assumption of guilt with a B visa), or is the burden on them to prove that it is?

[Penguin_ie 5,984]

I think your chances are pretty good, because you have a common language and have lived together for considerable amount of time. You being there for the interview would help, if you could swing it.

[Altair17 9]

Congrats on your engagement.

I am known as a worst skeptic around here, so you can choose to skip my opinion if you feel like it.

I see 4 problems with your situation. None are critical, but each one needs attention.

a) She definitely needs passport, and you stated that you have already applied. As long as it comes together prior to the appointment to the embassy - all ok.

b) she was never married and has 4 children: you will definitely need to get some official document that proves that. If I was CO I'd investigate this seriously.

c) pictures, I submitted only 6 pics for my application of us together, and seems like it was enough. Hope you have at least some as it would be very suspicious for a CO if you don't have at least one.

d) 42000 salary is just enough for covering 125% income: as CA resident you need to show $38712 unless you're in armed forces. This is in case you do not have any more dependents on your income taxes. Also I am unclear on your tax situation while you lived in Mongolia for 9 months: if this took place within last 2 years you will have to show your tax forms.

Finally being 12 years older and from a completely different culture also may raise some questions on the interview but I completely believe that you can get this case going.

Best of luck on your journey!

[duraaraa 203]

Congrats on your engagement.

I am known as a worst skeptic around here, so you can choose to skip my opinion if you feel like it.

I see 4 problems with your situation. None are critical, but each one needs attention.

a) She definitely needs passport, and you stated that you have already applied. As long as it comes together prior to the appointment to the embassy - all ok.

b) she was never married and has 4 children: you will definitely need to get some official document that proves that. If I was CO I'd investigate this seriously.

c) pictures, I submitted only 6 pics for my application of us together, and seems like it was enough. Hope you have at least some as it would be very suspicious for a CO if you don't have at least one.

d) 42000 salary is just enough for covering 125% income: as CA resident you need to show $38712 unless you're in armed forces. This is in case you do not have any more dependents on your income taxes. Also I am unclear on your tax situation while you lived in Mongolia for 9 months: if this took place within last 2 years you will have to show your tax forms.

Finally being 12 years older and from a completely different culture also may raise some questions on the interview but I completely believe that you can get this case going.

Best of luck on your journey!

Thanks for your reply. I'm sure that I'm not the only person who has trouble sleeping at night, even though the interview is still probably five months away.

As for the potential problems,

a. Getting the passport will not be an issue. We only submitted the forms in December, so there is still plenty of time.

b. I wonder what kind of document she could show to prove that she has never married. The children's birth certificates show 'no father.' Would this be enough proof for a CO, or is there some other kind of form that could be given?

c. Well, as for pictures, I personally have one with her and her brothers. Then, she has a few of the two of us. Probably around 5-10. I have lots of pictures that I took of her, and she has pictures she's taken of me with the kids. I have a picture that I sent to my family in the US with all of the foods she made for the Mongolian New Year (tsagaan sar), and a picture of her receiving an award from the government. I also have something which I feel is great evidence, which is pictures the kids actually took using a Nintendo DS... mainly of us lounging around at home, many of them drawn on, but I think they convey very well how close we all are. I printed the cutest ones, and will send them with her for the interview. I have pictures that she took of me and the kids trying on Mongolian wrestling costumes. I actually had many other pictures on my cell phone, but unfortunately, the pictures were lost. My good memories do, by far, outweigh my collection of photos.

d. Actually, I know nothing about taxes, as I have never lived in the US as an adult until recently. I had studied and lived abroad since I was a teenager. I think that in the past years, I have been declared as a dependent. This will be my first year dealing with taxes. Hopefully I can submit this year's tax return before the interview, and use it as evidence. I do, however, have pay stubs showing that money is being withheld for taxes, and clearly shows my salary. I can get a letter from work as well.

I have a couple more questions I hope someone can answer:

1. How do I prove, without being there myself, to the CO that I can speak Mongolian? Is it important to prove that I can? I don't know of any testing centers here with a Mongolian language proficiency exam, so the best I could do is ask her to bring letters that I have hand-written. Any other ideas to prove that we can communicate? Although I lived in Mongolia for quite a long time, I have never known another American who actually learned the language. They usually used English in English speaking circles, and so on.

2. I want to write a letter to the CO to detail our relationship. I want to explain some of the unique things I love about my fiancee and her children, and why I think we make a good couple. I'm worried, however, that the COs quickly skim notes rather than taking the time to read them properly, due to a time shortage. Has anyone written a letter when they can't appear themselves? Have they been paid much attention to?

Thanks! Having this community makes it easier to research this, and hopefully I can connect with more of you who are going through the same agonizing wait I am.