K1 visa questions

[klam133 4]

Hello,

I am new to the forum and i just wanted to ask a couple of questions about k1-process and if i am a bit too soon to file the application

I met my girlfriend through her family, a niece of hers. We started talking early of March 2019 and i met her in person in Can Tho, Vietnam in July 2019. I stayed there for 2 weeks. I fell in love with her and decided to marry her. 

Question i have for you all is is it too soon for me to start the paper work process in September 2019 after 6 months of dating her and only met her once. I am flying back there again in December, meeting her parents and all. In addition, i have met her family here in states, especially her uncle. He told me he will represents her family as he is the oldest in the family. He approves of me and her. He also met my family as well.

Another thing is she has applied for Student visa in the US but has failed. Would this be a red flag for her in the application? You know like oh the girl failed the student visa, now she will do everything she can to go here, like finding a fake husband and all.

I love her very much and i know she does love me as well. I am planning to propose in December, which she is aware of ( she has to since i was too scared of picking up a wrong ring size). 

 

[payxibka 10,044]

One face to face meeting is all that is required for the petition.   More facetime is good for the consular interview 

[jaysaldi 209]

Are you Vietnamese-American?   Vietnam is a high visa fraud country and they are particularly concerned about possible fraud in marriages between Vietnamese citizens and Vietnamese-Americans.

 

If you file the petition after only meeting her once for two weeks, then the petition may very well be approved but the consular officer may be very suspicious about why you are each rushing into this marriage.

[klam133 4]

4 hours ago, jaysaldi said:

Are you Vietnamese-American?   Vietnam is a high visa fraud country and they are particularly concerned about possible fraud in marriages between Vietnamese citizens and Vietnamese-Americans.

 

If you file the petition after only meeting her once for two weeks, then the petition may very well be approved but the consular officer may be very suspicious about why you are each rushing into this marriage.

I am a neutralized Vietnamese american. This is what i am afraid. How about her failing her student visa? Would that impact the application?

[geowrian 22,336]

3 hours ago, klam133 said:

I am a neutralized Vietnamese american. This is what i am afraid. How about her failing her student visa? Would that impact the application?

Naturalized*

I wouldn't be too concerned about the student visa (unless she lied in the application or something). She was very likely denied under 214(b), which doesn't apply for a K-1 visa.

[jaysaldi 209]

On 9/17/2019 at 3:28 AM, klam133 said:

I am a neutralized Vietnamese american. This is what i am afraid. How about her failing her student visa? Would that impact the application?

What's your age difference and what is your relationship to her niece and why did her niece introduce you to her?  Does she have a lot of family members living in the tonw where you live? Did she apply for a student visa to study near the town where you live?

[klam133 4]

9 hours ago, jaysaldi said:

What's your age difference and what is your relationship to her niece and why did her niece introduce you to her?  Does she have a lot of family members living in the tonw where you live? Did she apply for a student visa to study near the town where you live?

We are 3 years apart. I am 25 and she is 22. I work her the niece's husband and I was looking for a girlfriend at the time and the husband helped me out. She has a lots of family members in the city where i live. She applied for the student visa to attend the university where i live. 

[jaysaldi 209]

4 hours ago, klam133 said:

We are 3 years apart. I am 25 and she is 22. I work her the niece's husband and I was looking for a girlfriend at the time and the husband helped me out. She has a lots of family members in the city where i live. She applied for the student visa to attend the university where i live. 

I think a consular officer could reasonably question whether her primary motivation is to reunite with her family in your home city and that this is why she agreed to marry an American from that city after meeting him only once.  I think it might be best if you meet her again in December and then file after that.  I recall someone recently posting about being rejected for a K-1 visa for a Cambodian fiancee under similar circumstances : met her only once, quick engagement, they were set up by her family,  lots of her family members in his home town.

Are you scheduling an engagement ceremony to take place at the end of your next visit? I wouldn't do that so soon. Because that would show that you both agreed to get married after meeting only once for two weeks.  I'd wait until the end of the next visit to propose if I were you and try to spin it that you decided to get married after two visits, not one.  Also, I highly recommend that you attend her interview late next year in Vietnam.

[klam133 4]

3 hours ago, jaysaldi said:

I think a consular officer could reasonably question whether her primary motivation is to reunite with her family in your home city and that this is why she agreed to marry an American from that city after meeting him only once.  I think it might be best if you meet her again in December and then file after that.  I recall someone recently posting about being rejected for a K-1 visa for a Cambodian fiancee under similar circumstances : met her only once, quick engagement, they were set up by her family,  lots of her family members in his home town.

Are you scheduling an engagement ceremony to take place at the end of your next visit? I wouldn't do that so soon. Because that would show that you both agreed to get married after meeting only once for two weeks.  I'd wait until the end of the next visit to propose if I were you and try to spin it that you decided to get married after two visits, not one.  Also, I highly recommend that you attend her interview late next year in Vietnam.

Thanks for your quick reply. That is my intention of doing. We probably wont be able to do the engagment ceremony until June. Can we do the engagement ceremony after i filed the application. Does the ceremony need to happen before i filing for her application? 

To be more clear, only her uncles that living here in the city. Her parents and brother still live in Vietnam where she lives, and they dont have any intention of coming here. 

[DaveAndAnastasia 2,079]

4 hours ago, klam133 said:

Thanks for your quick reply. That is my intention of doing. We probably wont be able to do the engagment ceremony until June. Can we do the engagement ceremony after i filed the application. Does the ceremony need to happen before i filing for her application?

There's no requirement for an engagement ring or any other kind of engagement ceremony for the petition to be approved, just that you show intent to marry (that's what the letters of intent are for). Whether or not including evidence of a traditional engagement ceremony with your petition will affect your chances of approval in Vietnam, you'll have to ask others with Vietnamese fiance(e)s.

Edited September 19, 2019 by DaveAndAnastasia

[jaysaldi 209]

6 hours ago, klam133 said:

Thanks for your quick reply. That is my intention of doing. We probably wont be able to do the engagment ceremony until June. Can we do the engagement ceremony after i filed the application. Does the ceremony need to happen before i filing for her application? 

To be more clear, only her uncles that living here in the city. Her parents and brother still live in Vietnam where she lives, and they dont have any intention of coming here. 

You don't have to have the engagement ceremony before filing the petition.  You don't "have" to have it at all, but in some countries it may be a good idea (and in other countries it may be a bad idea).

[klam133 4]

ANother question is whenever i go through the VJ posts, i always heard the term Front Loading the I-129F  form. What does it mean? 

 

[DaveAndAnastasia 2,079]

17 minutes ago, klam133 said:

ANother question is whenever i go through the VJ posts, i always heard the term Front Loading the I-129F  form. What does it mean? 

Basically, including evidence of a bona fide relationship with the I-129F. For the petition to be approved, you just need to show that you meet the legal requirements (met in the last two years, both free to marry, both intend to marry each other, haven't done anything that would make you ineligible to petition a fiancé(e), fiancé(e) hasn't done anything that would make him or her ineligible to enter the US with immigrant intent). Things like pictures (beyond the 2x2 passport pictures and one or two to show that you've met in person), chat logs, and the like are not required for the petition, but in more difficult embassies/consulates it's usually considered a good idea to include them with your petition rather than just bring them with you to the interview. Most people include some of this with their petition; 'front loading' is doing this extensively.

Edited September 20, 2019 by DaveAndAnastasia

[klam133 4]

10 hours ago, DaveAndAnastasia said:

Basically, including evidence of a bona fide relationship with the I-129F. For the petition to be approved, you just need to show that you meet the legal requirements (met in the last two years, both free to marry, both intend to marry each other, haven't done anything that would make you ineligible to petition a fiancé(e), fiancé(e) hasn't done anything that would make him or her ineligible to enter the US with immigrant intent). Things like pictures (beyond the 2x2 passport pictures and one or two to show that you've met in person), chat logs, and the like are not required for the petition, but in more difficult embassies/consulates it's usually considered a good idea to include them with your petition rather than just bring them with you to the interview. Most people include some of this with their petition; 'front loading' is doing this extensively.

Thanks, but like i was asking earlier, if she did applied for student visa and failed, is that something i should mention in the form?

[geowrian 22,336]

2 hours ago, klam133 said:

Thanks, but like i was asking earlier, if she did applied for student visa and failed, is that something i should mention in the form?

No, that will be mentioned on the DS-160 later.