Send I-134, DS260, etc w/ 129F packet?

[rhealy6322 10]

Good day,

 

I am about to mail off my 129F for my fiancee and I am having a bit of the jitters. The way I interpreted the process of a K1 Visa, is that the 129F packet is submitted to the USCIS dropbox with the G325A, G1145(optional), the 129F, the letter w/ intent to marry, evidence of my US citizenship and evidence of relationship. I looked at the example forms section, http://www.visajourney.com/content/examples, that included as DS160, DS 230, and an I134. Am I to mail those off with the initial packet? I was under the impression the final 3 forms I mentioned were submitted with the beneficiary to the consulate, just as it is for a tourist visa.

 

Any help would be greatly appreciated!

 

Ryan H

[geowrian 22,337]

Correct. Only the I-129F, 2 x G325As (1 from each of you), 2 x letters of intent (one from each of you), proof of citizenship, proof having met within the past 2 years,  a cover page, and a check are needed with the I-129. The G-1145 is optional. The other forms will be submitted later as necessary.

 

Note the bolded item. You do not need to send proof of a bona fide relationship at this point in time. That will be later as well. You only need to send proof that you have met in person within the past 2 years. Sending proof of an ongoing relationship at this point is called front-loading. You can do that, but it is not necessary for Philippines. Some very strict/high-fraud embassies like to see that upfront.

[rhealy6322 10]

 

Thanks! I front loaded the my packet big time. We have shared an apartment in Manila for 5 years and my fiancee has all the lease agreements, as well as all the boarding passes from the trips we have gone on and dozens of pictures! 

 

Also, we have one letter of intent to marry, we both signed it so I hope that is enough!

[slimbolina 48]

I always follow exactly what USCIS want by following the instructions on their website.

 

https://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf

[rhealy6322 10]

 

 

Yes, I have that pretty much memorized by now, Slimbolina!  However, I work for the US gov't and I know that there is sometimes more steps that are not exactly explained in great detail! Just making sure I'm not missing any "hidden" steps!

[geowrian 22,337]

Just now, rhealy6322 said:

 

Thanks! I front loaded the my packet big time. We have shared an apartment in Manila for 5 years and my fiancee has all the lease agreements, as well as all the boarding passes from the trips we have gone on and dozens of pictures! 

 

Also, we have one letter of intent to marry, we both signed it so I hope that is enough!

Good luck!

 

Just keep in mind there are pros and cons to front loading. If you have certain flags, front-loading can help. However, also keep in mind that any information you submit with your packet can also be used against you. it's a two-way street. Just as a purely hypothetical & somewhat extreme situation - if you sent 5 years of leases, the CO is now free to ask your fiance how much the lease was in year 3 of the lease. If she answers incorrectly (oh, she forgot it changed in year 2!), the CO could use that incorrect answer to question the validity of the claim that you shared the residence. This is a fairly extreme situation, but it's just to demonstrate how providing too much info can also be detrimental. There is no universal answer to which is better as it's really up to your individual case. But generally, with the Philippines embassy, you do not benefit from providing it early.

 

You should be fine, albeit I'd personally go with the 2 separate letters as the instructions indicate.

 

That said...where are you living right now? Are you still living in PH? If so, you could get married and do DCF instead. It's much, much faster and is cheaper.

[rhealy6322 10]

I split my time between Mandaluyong and the mid-east (where I work), I'm in the Philippines about 100 days out of the year when I'm on vacation.

 

I was under the impression getting a visa for my fiancee is even harder if you are married in the Philippines. 

[geowrian 22,337]

14 minutes ago, rhealy6322 said:

I split my time between Mandaluyong and the mid-east (where I work), I'm in the Philippines about 100 days out of the year when I'm on vacation.

 

I was under the impression getting a visa for my fiancee is even harder if you are married in the Philippines. 

Ah okay. You wouldn't qualify for DCF then. Darn! That process is usually weeks to a few months.

 

Not harder...just longer. K-1 is usually around 6-8 months. It's backed up right now, so maybe even longer. IR-1/CR-1 (i.e. spousal visa) is usually about 10-12 months. However, K-1 requires doing AOS after getting married, whereas a CR-1 would grant a green card upon entry.

 

One question - what do you mean by mid-east? Mid-east USA or "the" Middle East? If it's the latter, you will also need to provide evidence of domicile in the US.

 

Edit: Let me clarify paragraph #2. You cannot get a fiance visa if you get married anywhere. I assumed you meant a spousal visa.

Edited January 31, 2017 by geowrian

[rhealy6322 10]

I mean the middle east. My current address is a Diplomatic address. I assume I should use an address in the US to prove my domicile? I guess I can use my Mother's address, I don't pay any bills there nor have I lived there for 6 years but I have a bank account and my drivers license is attached to that address. I added it on the "place you intend to live" on the 129F

Edited January 31, 2017 by rhealy6322

[geowrian 22,337]

3 minutes ago, rhealy6322 said:

I mean the middle east. My current address is a Diplomatic address. I assume I should use an address in the US to prove my domicile? I guess I can use my Mother's address, I don't pay any bills there nor have I lived there for 6 years but I have a bank account attached to that address. It will be a problem if I can only provide a DPO address?

I can't answer the DPO question, sorry. I'm not familiar with the details of that impact. That said, the mailing address you use should just be that - where you want USCIS to send the information. A US mailing address does not prove domicile, nor would you want to make it sound like you are living somewhere that you aren't.

 

http://www.nolo.com/legal-encyclopedia/what-is-your-domicile.html

 

That said, I am mistaken. The only part of the K-1 process that requires domicile is the I-134. The Philippines embassy usually does not request this. Even if they did, it looks like you can use a sponsor, if you can find one, to qualify. Or you can provide evidence of your domicile or proof of intent to establish domicile. Once inside the US, the I-864 (the legally binding affidavit of support) requires domicile, and you are required to submit one even if you needed a joint sponsor.

[rhealy6322 10]

DPO is the same as a military post office, it is just at the embassy not a military base. That is where I receive my mail, albeit slowly because I am hardly ever in the embassy because I work in the middle of nowhere in this country, lol.

 

We planned on staying at my mothers in Philly when I get back to the states until we find a better place to live, I'm sure she would love to sponsor us for an initial domicile in the US. Neither one of us want to leave the Phils but with Duterte and Trump you never know what could happen to Phil-Am relations so we decided the time is right to get to the states!

 

Thanks a million for the help, geowrian, you're the real MVP!

Edited January 31, 2017 by rhealy6322

[geowrian 22,337]

ahaha I hear you! Stuck between a wall and hard place.

 

Best wishes!