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K1 fiance visa questions

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Hi guys,

Apologies if I'm asking questions that have already been answered, just wanting to make sure I'm getting up to date answers

1. My fiance is pretty confident we'll be fine with just him submitting Form-139 Affidavid of Support, but since he's just relocated from Hawaii to Florida and he works for himself as a carpenter, I'm getting nervous about his work flow and how that will affect his income, while he's settling in (plus the loss of income during the moving process). His mum is happy to be a joint/co sponsor, so my worry is put at ease.. Does she just fill out the same Form-139 and supply the same documents as asked and I just give hers along with my fiances form?

2. We're up to the part where the petition has been approved and I'm waiting for further instruction. I've been going over to see my fiance every 3 months to visit for a couple of weeks at a time using my ESTA visa. The last couple of times I've been questioned about what I'm doing there, how long I plan to stay, asked to show my ticket home, etc.. I'm worried I'm eventually going to be denied entry because of concern of over staying or intentions of not going home at all, due to them knowing I'm trying to get a visa to live there. I've read about supplying proof/ties/commitments to Australia, but I don't have a lot of proof. Last time I arrived in Texas 3am Australian time after a 16 hour flight, very tired and not in the mood to be harrassed, so I just told the guy exactly what I was doing, I told him I had no intention of getting married right now, wasn't going to jeopardise anything, that I knew I had to go home, that I woud be going home, etc. in a direct, but polite manner.. All he was worried about was if I had brought gifts for my fiance and his family, in which I responded no, I've already given them Australian souvenirs, they don't need anymore boomerangs and keyrings :/ What is the likelihood of being denied entry as the fiance visa process moves along?

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They will both fill a i134 each. And will have to provide the supporting documents (tax transcripts/ returns, job letters, pay stubs, bank statements, etc). In addition, the mom will need to provide proof of citizenship (birth certificate or all passport pages).

About visiting, it's possible and seems easier for people using vwp/esta, but it's not guarantee. Cbp officers may or may not let you in. Just remember to tell the truth no matter what. A entry denial because you don't have ties to your home country won't hurt your k1 process but lying definitely will.

Good luck

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1) They each provide an I-134 and supporting documents. When self-employed, they will use the Total Income amount from the most recent tax return, so if line 22 on the 1040 of the USC petitioner's 2015 taxes shows he met the requirement, then he should be ok without a co-sponsor. He can show the last 3 years worth of tax transcripts to show ongoing, stable income.

Not all consulates ask for proof of US citizenship or being a US permanent resident for the I-134. If yours does, then they would need a copy of their birth certificate, naturalization, biometrics page only of their US passport, or front and back copy of green card. If you use a joint sponsor later after you married and filing for AOS, then the joint sponsor will definitely need to add one of those documents.

2) Yes, you can be denied entry. People need to bring documentation to prove they will be returning home when they visit. Pretty much the same types of evidence needed when filing for a tourist visa. You can check out the pinned topic in this forum titled, "Yes, you can visit!"

Edited by KayDeeCee

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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