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LJ_1994

Declaration of How we met letter for K-1 Visa application

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I am a U.S citizen and my fiancé and I are in the middle of applying for the K-1 Visa. We have all the required documents but are having trouble with writing the "how we met" letter. My fiancé was in the U.S up until last December and we moved to Texas so he could begin his masters degree. We had moved in together in August, and in December we decided to go home to Sri Lanka for vacation and so that my Fiance could renew his student visa. Once he went to the interview he was rejected and not able to come back because the embassy had told him that he had been in the U.S for 7 years and should have completed his schooling by then. We had been planning to get married anyways after he came back and when we could have time to plan. But now he is stranded in Sri Lanka and the only way we can be together is applying for the K-1.

 

My question is, I'm writing the "how we met" letter, and have explained that we moved in together so that it can help our case. The only problem is I don't know how to add the fact that he is now in Sri Lanka without them thinking that we have decided to get married just because he was rejected from the student visa. Should I just not add that we moved in together? Or if I explain the situation would they take it the wrong way?

Thanks in advance!

 

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Filed: AOS (apr) Country: Australia
Timeline

Write it in a way that describes 'how you met' initially and the process of building that relationship (moving in together etc). Many people with a USC fiance/partner are denied tourist visas and then have to apply for a K1. Having a rejected student visa isn't going to impact this as long as you can prove that your relationship is real.

K1 Visa Timeline [Approved]

Spoiler

07/23/2018    I-129F sent

07/25/2018    NOA1 email notification

07/30/2018    NOA1 hard copy

12/21/2018    NOA2 hard copy

01/10/2019    NVC Case # assigned

01/22/2019    Left NVC

01/29/2019    Embassy received

01/29/2019    Pkt 3 sent

02/01/2019    Pkt 4 received

02/13/2019    Medical

03/00/2019    Interview approved!

04/01/2019    Visa issued

04/02/2019    Visa received in mail

04/06/2019    POE

05/04/2019    Wedding

 

 

Adjustment Of Status Timeline [Approved]

Spoiler

 

05/31/2019    I-485, I-131 and I-765 sent

06/10/2019    NOA1 (electronic) & check cashed

06/11/2019    NOA1 hard copies

07/05/2019    Biometrics walk-in

09/30/2019    Interview scheduled (electronic notification)

10/23/2019    EAD/AP approved

11/00/2019    AOS Interview approved!

11/08/2019    Green card is being produced

11/16/2019    Green card in hand

 

 

 

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2 minutes ago, Ethan & Shannon said:

Write it in a way that describes 'how you met' initially and the process of building that relationship (moving in together etc). Many people with a USC fiance/partner are denied tourist visas and then have to apply for a K1. Having a rejected student visa isn't going to impact this as long as you can prove that your relationship is real.

Okay that's great then. Thank you! We were worried that they would think we are applying for a finance visa just because of the denial. Would I have to explain that his student visa was denied, or do I leave that out?

 

Thank you again!

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Filed: AOS (apr) Country: Australia
Timeline
3 minutes ago, LJ_1994 said:

Okay that's great then. Thank you! We were worried that they would think we are applying for a finance visa just because of the denial. Would I have to explain that his student visa was denied, or do I leave that out?

 

Thank you again!

Later in the process they will ask about denied visas, you will have to be 100% honest about this (they already know, but they need your honesty). The denial isn't going to impact the K1 visa. You don't have to write about the denial in the 'how you met' letter.

Edited by Ethan & Shannon

K1 Visa Timeline [Approved]

Spoiler

07/23/2018    I-129F sent

07/25/2018    NOA1 email notification

07/30/2018    NOA1 hard copy

12/21/2018    NOA2 hard copy

01/10/2019    NVC Case # assigned

01/22/2019    Left NVC

01/29/2019    Embassy received

01/29/2019    Pkt 3 sent

02/01/2019    Pkt 4 received

02/13/2019    Medical

03/00/2019    Interview approved!

04/01/2019    Visa issued

04/02/2019    Visa received in mail

04/06/2019    POE

05/04/2019    Wedding

 

 

Adjustment Of Status Timeline [Approved]

Spoiler

 

05/31/2019    I-485, I-131 and I-765 sent

06/10/2019    NOA1 (electronic) & check cashed

06/11/2019    NOA1 hard copies

07/05/2019    Biometrics walk-in

09/30/2019    Interview scheduled (electronic notification)

10/23/2019    EAD/AP approved

11/00/2019    AOS Interview approved!

11/08/2019    Green card is being produced

11/16/2019    Green card in hand

 

 

 

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1 minute ago, Ethan & Shannon said:

Later in the process they will ask about denied visas, you will have to be 100% honest about this (they already know, but they need your honesty). The denial isn't going to impact the K1 visa.

Yes, we are ready for that and plan on being 100% honest.  In the letter should I explain that he is back in Sri Lanka due to the denial, or how do I incorporate that in? 

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Filed: AOS (apr) Country: Australia
Timeline
Just now, LJ_1994 said:

Yes, we are ready for that and plan on being 100% honest.  In the letter should I explain that he is back in Sri Lanka due to the denial, or how do I incorporate that in? 

In the actual letter itself you can just write about how he was there on a student visa and you met at X and then the relationship developed and you moved to Y together, etc. If you mention the denial in the letter it also wont impact your chances of being accepted, but you don't have to write about the denial at this stage. As long as the letter is honest, i.e. you are ready to marry etc, there is no problem :).

K1 Visa Timeline [Approved]

Spoiler

07/23/2018    I-129F sent

07/25/2018    NOA1 email notification

07/30/2018    NOA1 hard copy

12/21/2018    NOA2 hard copy

01/10/2019    NVC Case # assigned

01/22/2019    Left NVC

01/29/2019    Embassy received

01/29/2019    Pkt 3 sent

02/01/2019    Pkt 4 received

02/13/2019    Medical

03/00/2019    Interview approved!

04/01/2019    Visa issued

04/02/2019    Visa received in mail

04/06/2019    POE

05/04/2019    Wedding

 

 

Adjustment Of Status Timeline [Approved]

Spoiler

 

05/31/2019    I-485, I-131 and I-765 sent

06/10/2019    NOA1 (electronic) & check cashed

06/11/2019    NOA1 hard copies

07/05/2019    Biometrics walk-in

09/30/2019    Interview scheduled (electronic notification)

10/23/2019    EAD/AP approved

11/00/2019    AOS Interview approved!

11/08/2019    Green card is being produced

11/16/2019    Green card in hand

 

 

 

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6 minutes ago, Ethan & Shannon said:

In the actual letter itself you can just write about how he was there on a student visa and you met at X and then the relationship developed and you moved to Y together, etc. If you mention the denial in the letter it also wont impact your chances of being accepted, but you don't have to write about the denial at this stage. As long as the letter is honest, i.e. you are ready to marry etc, there is no problem :).

Thank you so much for your help. 

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A "how we met' letter is not needed.

There is a question on the I-129F to describe the circumstances of how you met in person. Just a sentence or 2 is sufficient.

There's no direct harm in going more elaborate, but generally when it comes ot immigration, it's best not to volunteer unnecessary information as it can present more questions rather than answering them.

 

Presumably he was denied under INA 214(b) due to immigrant intent. As you noted, you did plan to marry, and the assumption would be then to stay in the US. An F-1 visa requires non-immigrant intent. Thus, a denial was likely.

A refusal under 214(b) will have no impact on a K-1 visa. K-1 permits immigrant intent.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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4 minutes ago, geowrian said:

A "how we met' letter is not needed.

There is a question on the I-129F to describe the circumstances of how you met in person. Just a sentence or 2 is sufficient.

There's no direct harm in going more elaborate, but generally when it comes ot immigration, it's best not to volunteer unnecessary information as it can present more questions rather than answering them.

 

Presumably he was denied under INA 214(b) due to immigrant intent. As you noted, you did plan to marry, and the assumption would be then to stay in the US. An F-1 visa requires non-immigrant intent. Thus, a denial was likely.

A refusal under 214(b) will have no impact on a K-1 visa. K-1 permits immigrant intent.

Yes, I will not volunteer that information in the letter. 

 

His Denial was not based on immigrant intent. The topic of marriage had not been brought up to them when he went to the interview. We had only discussed marriage as a couple and planned to get married in 2 years once he is done with his Masters. So there was no immigrant intent presented to the embassy, because they had no idea about our relationship in the first place. 

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1 minute ago, LJ_1994 said:

His Denial was not based on immigrant intent. The topic of marriage had not been brought up to them when he went to the interview. We had only discussed marriage as a couple and planned to get married in 2 years once he is done with his Masters. So there was no immigrant intent presented to the embassy, because they had no idea about our relationship in the first place. 

Immigrant intent is presumed for all non-immigrants by law.  Do you know what was written on the refusal letter (INA section ???).

The 7 years in the US already was likely the tip off that there was more to the story, even if the specifics were never mentioned.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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33 minutes ago, ThomasNC1988 said:

Biggest myth of the K-1 is the 129f "relationship letter"

Yup, not requested or required.  We only listed the dates of all of our visits.  Offering up unasked for things in the petition only increases the chance of an RFE.

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12 hours ago, geowrian said:

A "how we met' letter is not needed.

There is a question on the I-129F to describe the circumstances of how you met in person. Just a sentence or 2 is sufficient.

There's no direct harm in going more elaborate, but generally when it comes ot immigration, it's best not to volunteer unnecessary information as it can present more questions rather than answering them.

 

Presumably he was denied under INA 214(b) due to immigrant intent. As you noted, you did plan to marry, and the assumption would be then to stay in the US. An F-1 visa requires non-immigrant intent. Thus, a denial was likely.

A refusal under 214(b) will have no impact on a K-1 visa. K-1 permits immigrant intent.

I agree. I filled out that section with just a few sentences and my petition was approved in 5 months. 

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Filed: K-1 Visa Country: Lithuania
Timeline

I did write a full on letter, though i know it isn't a requirement. Keep it simple, describe of how you met and thats it, where and how it took place. Don't go overboard with details. Something in a way of :
"I met my fiance through mutual friends at the party, while she was studying in US. " (whatever fits your actual "meeting")
I wrote a whole letter, and included the details of each visit afterwards, i know it's not a supporting document. We didn't get RFE, but i didn't front load them much with other documents, as we mostly paid cash for stuff, she stayed in my house. Different circumstances.

TL;DR Write a simple letter of how you met, dont go into details too much. 

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Filed: K-1 Visa Country: Canada
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We did elaborate on ours and wrote a more descriptive letter, however this is completely optional and we did so because our story is very straightforward and easy to follow. If you’re hesitant about including some of the details then why write it? It’s not a requirement and not writing one will not cause a denial. Sounds like you’re stressing over nothing. 

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