Attending fiancee interview?

[A2isha 0]

Hey guy,

 What do you think about attending the interview as a way to convince the embassy to approve us? Im on the fence because its a 22 hr flight...

Anyway I don't really want to go but we do not have a whole lot of evidence other then when  I visited for 2 weeks. 😣

[Amit&Julie 180]

How many times have you met in person? Just once, for 2 weeks?

 

Do you have any "red flags", such as large age difference, different religion/ethnicity/education, prior divorces or kids from either one of you?

 

Is this an arranged or love match?

[Amit&Julie 180]

So I read through some of your posts and gathered that you:

• Have filed a petition before for your ex-husband. (I'm guessing this also a K1, or maybe a spouse visa? This isn't necessarily a red flag in itself. But how long ago did you divorce, and when did you meet this new guy?)
• Have only visited him once and for 2 weeks. 
• Are not planning a big wedding in the US because you don't have family here. (Ok, but what are you planning to do for your wedding/marriage, and do you have evidence to support that? Receipts, emails, vendor quotes, the address of the city hall where you'll tie the knot, etc.? Also, if you don't have family in the US, why do you want to get married here?) 
• Do not have a lot of relationship evidence. (Why not? What do you have?)
• Have 2 small children.

Going off this info and not yet knowing the answers to the questions I asked above, I would strongly recommend that you try to attend the interview and plan to be there for at least a week. Yeah, it's a 22-hour, pain-in-the-behind ordeal, but so is getting denied and having to start over via a spouse visa. Personally, I wanted to be there to support my loved one through such a potentially life-changing event, even if they didn't even call me up to the window. The hassle and cost were well worth it for my sweetheart. If they don't approve the K1, at least you'll already have a second visit under your belt if/when you go to apply for a spouse visa.

 

BUT...even if you are there for the interview, I think you will have an uphill battle to get approved, because you haven't had much face time together and only 1 in-person visit. I would recommend gathering any and every bit of evidence you have of your relationship. Another bit of advice, when you talk about "convincing" the embassy to approve you--don't approach it like you can give them a sob story and tell them how much you love your fiance and this and that, as many will try to do for tourist visas. They don't want to hear a monologue or speech, they want to ask very pointed questions and get the facts. Go with the goal of answering every question honestly and with evidence to back it all up.

 

 

 

[A2isha 0]

Ok so to answer your questions,  I am divorced with 2 kids. Wich is why it's so hard for me to travel with my ex husband having visitation rights. I seperated from ex January 2016, filed divorce January  2017... met my fiancee in April 2017. Then got my divorce finalized January 2018 after wich i directly flew to india ,finally met *HIM* , followed by filing k1 visa in March. Im not indian but we ARE both Muslim+close in age. Hopefully they understand in muslim culture  meeting up many times before marriage is not allowed plus the hardship of traveling. & yes,  I guess you would call it a love marriage because we chose eachother.

For planning the wedding...we will just have a civil ceremony. I don't have family because I was adopted and he won't have family because they are mostly in UK and india. Mostly UK.  

Oh yeah and for evidence we just have pictures from my 2 weeks there plus we call everyday for as much as we can. not many texting though. So we can show the call log and I could write a letter saying "I am still planning on my marriage with him...."? They already have our pictures but he made some album with it he can bring.

 

 - So bro i respect your opinion! Really do you think I must travel? 

   **Another red flag I need help sorting is that my co-sponsor has not yet filed his taxes for 2017 PLUS he doesn't have a bank account in his name, im hoping he will finish his taxes before the interview but is just his income and other tax returns enough? **

    Ty ty ty!!!😊

Edited October 18, 2018 by A2isha

[Amit&Julie 180]

Ok, so first of all, you need to work on your co-sponsor situation. I'm not super familiar with this issue, so you should research elsewhere on VJ, but he doesn't sound like a strong co-sponsor...why doesn't he have a bank account in his name and why hasn't he filed his taxes? Income W-2s and tax returns are good, an employment letter would be advisable, and depending what he makes, a bank statement may also be needed.  Even if you had super solid relationship evidence and were present for the interview, you can be denied/put in AP on the spot for a weak co-sponsor.

 

It's good that you are both Muslim and of the same age, but not being able to meet before marriage because of 'Muslim customs' and 'hardship of travel' will probably not be acceptable reasons to the officer. Doesn't your fiance have some friends or family members who can chaperone you two while you're together so you're not alone? Officers are more versed in local customs than you might think. And 'hardship of travel'? Officer probably doesn't give a hoot about that. Sorry.

 

As for evidence, hopefully you have some proof of travel from your visit--boarding passes, passport stamps, hotel/other reservations, etc. Focus on those first. Then do whatever you can to document your frequent calls. Try to get some documentation of your plans for a civil ceremony. 

 

 If you haven't already, read through consulate reviews for India and maybe even Pakistan, too. Search these forums for "221g Mumbai" or "K1 denied India" to see why people get denied. Learn what the officers typically look for and what gets people in trouble, and decide for yourself whether the hassle of travel outweighs your particular risks.

 

Perhaps @WeGuyGal can also offer some insight on your situation. 

[WeGuyGal 1,052]

I think what @Amit&Julie stated was to the point. In the end, it boils down to the applicant's documentation, and credibility to a lesser extent. Something that stood out was OP's assertion about meetings prior to weddings being taboo, but how about cohabitation prior to a wedding? Any CO could wonder why not get married in India and then move to the US. Additionally, OP has stated not having any family in the US (and neither does the fiance). 

 

From my experience, and I've stated this before, India based COs have become finicky about applicants using K1s as a shortcut to the CR1. Ironically, the gap between k1 and cr1 processing times has shrunk considerably. There has been some level of fraud in Mumbai consulate. And K1s end up costing more overall and longer in getting the green card. 

 

With this evidence, OP should consider traveling to India to the interview, even just to stand outside the complex. Not being able to travel is a thin excuse when she has previously made the time to finalize her divorce, invested in a long-distance relationship, flew to India to meet him, and filed a paper-intensive K1 petition. She somehow handled her kids through all that. Prioritize! 

 

And lastly, OP's previous petition for her ex-spouse could come up. 

[John & Rose 7,237]

12 hours ago, A2isha said:

   **Another red flag I need help sorting is that my co-sponsor has not yet filed his taxes for 2017 PLUS he doesn't have a bank account in his name, im hoping he will finish his taxes before the interview but is just his income and other tax returns enough? **

    Ty ty ty!!!😊

Make sure they realize that they are sending information to the Federal Government stating they haven't filed taxes yet.  Just make sure they have the extensions filed.  He will need to show the last full return with all schedules and forms.  If that is 2016, it is 2016.  No big deal.  They may request tax transcripts for the previous 3 years.  Those are very easily downloaded from the IRS.  Hopefully his income is enough for all the dependents listed on the tax form plus the two of you.  That part seems to get past people.  He needs enough income for himself, any dependents on his tax return and the new couple using him as a co-sponsor.

 

As for the original question, I recommend being there but more for her support, not to show the CO anything.  Your presence there will not influence the CO at all but it may make your fiancee a bit more comfortable.  Keep in mind, some embassies do not allow the petitioner to be present during the interview.  Check ahead before you commit.

Edited October 18, 2018 by John & Rose

[A2isha 0]

 

 

Ok, well my co-sponsor owns several different businesses and I think all of his money is within the business accounts or something. He didnt file 2017 tax but said he has until the end of this month. It's just very complicated to file because of all his different companies. 

Another thing is that his greencard expired. He told me that he filed to renew it but they never followed up with him! I told him just give me proof of that.

 

Also do you guys know what i should send with *my* affidavit? I dont have tax returns because I was married and filed joint, also was not employed until this year. Just fill out the paper and include proof of my income?

 

 My income would be enough if it was just us, but since I have 2 kids and already sponsored ex husband, now my household is 5! I'm assuming they won't take into any consideration that my ex already has a job and pays child support they still want me to make enough for 5 people. hhhh

 

 

Thanks all for your advice 

[Amit&Julie 180]

2 hours ago, John & Rose said:

Your presence there will not influence the CO at all but it may make your fiancee a bit more comfortable.  Keep in mind, some embassies do not allow the petitioner to be present during the interview.  Check ahead before you commit.

In Mumbai, I'd say that the presence of the petitioner actually can influence the decision, for better or for worse. I attended, and the officer asked me and my fiance basically the same questions but separately. They can certainly use the opportunity to grill the petitioner, as well, in case facts don't match up.

 

The US citizen fiance is allowed inside the Mumbai consulate with appropriate documentation, but as John alluded to, it is 100% up to the officer whether to allow you at the window or talk to you at all. It's the beneficiary's interview, after all. So, yeah, you might not even get a chance to plead your case to the CO. 

[Greenbaum 12,258]

16 hours ago, Amit&Julie said:

In Mumbai, I'd say that the presence of the petitioner actually can influence the decision, for better or for worse. I attended, and the officer asked me and my fiance basically the same questions but separately. They can certainly use the opportunity to grill the petitioner, as well, in case facts don't match up.

There in lies the potential problem for further adjudication and misinterpretation. The less outside influences in front of the CO the better the approval process. We have seen it before. It can certainly be a two edge sword.

The US citizen fiance is allowed inside the Mumbai consulate with appropriate documentation, but as John alluded to, it is 100% up to the officer whether to allow you at the window or talk to you at all. It's the beneficiary's interview, after all. So, yeah, you might not even get a chance to plead your case to the CO. 

 

[Greenbaum 12,258]

17 hours ago, A2isha said:

 

 

Ok, well my co-sponsor owns several different businesses and I think all of his money is within the business accounts or something. He didn't file 2017 tax but said he has until the end of this month. It's just very complicated to file because of all his different companies. 

 

Another thing is that his green card expired. He told me that he filed to renew it but they never followed up with him! I told him just give me proof of that.

 

Also do you guys know what i should send with *my* affidavit? I don't have tax returns because I was married and filed joint, also was not employed until this year. Just fill out the paper and include proof of my income?

 

 My income would be enough if it was just us, but since I have 2 kids and already sponsored ex husband, now my household is 5! I'm assuming they won't take into any consideration that my ex already has a job and pays child support they still want me to make enough for 5 people. hhhh

 

 

Thanks all for your advice 

Being out of status is not a good thing to have for a co-sponsor. What happens if he is deported. Where is your financial support. Be very careful here. The best thing is, like you said, you have the means to support yourself above the poverty level, so I don't think that will be an issue.

 

This is what you will need for the interview.

 

EVIDENCE OF SUPPORT. You should be able to demonstrate that you will not become a public charge or be a burden on the U.S. taxpayers for financial support. A completed I-134 Affidavit of Support Form K1/K2 Interview Preparation Instructions – English (February 2014)  Page 3 of 9 with an original signature will be useful to the consular officer to evaluate your petitioner’s ability to be financially responsible for you. You should also submit your petitioner’s most recent U.S. Federal income tax return (Form 1040) and wage statements (Form W-2). Employment letters stating salaries and bank statements may be included to substantiate the I-134.

 

Get your tax returns/transcripts even if you filed jointly you are still a signer of the original 1040. Get the IRS transcript in place of the actual 1040 here: https://www.irs.gov/Individuals/Get-Transcript

 

 When calculating their household size, sponsors must include:

• Their spouse/fiance,
• Any unmarried children under 21 (unless these children have reached majority under the law of their place of domicile),
• Anyone else claimed as a dependent on the sponsor's tax return,
• The principal visa applicant,
• Any derivative applicants who plan to immigrate within six months, and
• Any other people in the United States whom the sponsor is supporting.

 

Edited October 19, 2018 by Greenbaum

[John & Rose 7,237]

21 hours ago, A2isha said:

 

 

Ok, well my co-sponsor owns several different businesses and I think all of his money is within the business accounts or something. He didnt file 2017 tax but said he has until the end of this month. It's just very complicated to file because of all his different companies. 

Another thing is that his greencard expired. He told me that he filed to renew it but they never followed up with him! I told him just give me proof of that.

 

Also do you guys know what i should send with *my* affidavit? I dont have tax returns because I was married and filed joint, also was not employed until this year. Just fill out the paper and include proof of my income?

 

 My income would be enough if it was just us, but since I have 2 kids and already sponsored ex husband, now my household is 5! I'm assuming they won't take into any consideration that my ex already has a job and pays child support they still want me to make enough for 5 people. hhhh

 

 

Thanks all for your advice 

BE VERY CAREFUL!!!  In the current environment he can possibly be deported for being out of status.  That along with not filing 2017 taxes (he actually has until April 15 to file for the previous year unless he files for extensions) there are so many places to be tripped up here.  Being out of status will probably, at a minimum, not make him an acceptable co-sponsor.  Be very careful how you handle this because there is potential for some huge life changes if handled wrong.

 

Married filing jointly IS a tax return.  Use that one.  You are sponsoring your ex husband?  This is certainly a tricky one.  Can you find another co-sponsor?  Remember the co-sponsor needs enough for all of you PLUS his own household.  If he has a wife and kids, they have to be included in the dependents list too.  

Edited October 19, 2018 by John & Rose