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cbro20

Overthinking K1 visa interview. How to answer this question?

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My fiancee has her K1 interview at the Embassy in Brazil on Tuesday. We have had all the documents prepared for a long time, and we lived together abroad for a year (I've since returned to the U.S. and gotten a full-time job, etc.), so we have a pretty strong case (lots of pics together, trips taken together, and so on). One question is making me a little nervous and I wanted to seek some thoughts. We decided to get married in May 2019 and filed the I-134 petition in June 2019, but I "officially" proposed to her and gave her a ring when I visited her and her family in Brazil in November 2019. If the consular officer asks her "when did he propose/when did you get engaged" or some variation, I'm worried that saying November 2019 will be an incorrect response, since we filed the petition before November. Is this something to worry about? Should she simply say "we decided to get married in May 2019"? Or should she give my "official proposal" date of November 2019? 

Edited by cbro20
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2 minutes ago, cbro20 said:

My fiancee has her K1 interview at the Embassy in Brazil on Tuesday. We have had all the documents prepared for a long time, and we lived together abroad for a year (I've since returned to the U.S. and gotten a full-time job, etc.), so we have a pretty strong case (lots of pics together, trips taken together, and so on). One question is making me a little nervous and I wanted to seek some thoughts. We decided to get married in May 2019 and filed the I-134 petition in June 2019, but I "officially" proposed to her and gave her a ring when I visited her and her family in Brazil in November 2019. If the consular officer asks her "when did he propose/when did you get engaged" or some variation, I'm worried that saying November 2019 will be an incorrect response, since we filed the petition before November. Is this something to worry about? Should she simply say "we decided to get married in May 2019"? Or should she give my "official proposal" date of November 2019? 

The proposal date doesn't matter.  In fact  "engaged" is not a legal status and all that matters is that she (and you) is free to marry.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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17 minutes ago, Paul & Mary said:

The proposal date doesn't matter.  In fact  "engaged" is not a legal status and all that matters is that she (and you) is free to marry.

 

Thanks. One more thing that I'm overthinking. 

 

I haven't filed taxes for the last 3 years (I was in school and making below the filing requirements). I included an I-134 Affidavit of Support with a statement of employment from my employer (I recently started) and some bank statements. 

 

I was worried that my financial case alone wouldn't be strong enough, even though my 2020 income will be more than the requirements, so my mother co-sponsored, and she submitted multiple years of tax information, employment verification, bank statements, and more. 

 

Will my lack of tax returns be a problem for the embassy? 

Edited by cbro20
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3 minutes ago, cbro20 said:

 

Thanks. One more thing that I'm overthinking. 

 

I haven't filed taxes for the last 3 years (I was in school and making below the filing requirements). I included an I-134 Affidavit of Support with a statement of employment from my employer (I recently started) and some bank statements. 

 

I was worried that my financial case alone wouldn't be strong enough, even though my 2020 income will be more than the requirements, so my mother co-sponsored, and she submitted multiple years of tax information, employment verification, bank statements, and more. 

 

Will my lack of tax returns be a problem for the embassy? 

As long as you can explain why you were not required to file taxes you will be fine.  They might ask for copies of pay stubs.  They might not. I don't see anything about Brazil being strict about it.  For instance in Philippines they rarely look at I-134s.  

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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1 minute ago, Paul & Mary said:

As long as you can explain why you were not required to file taxes you will be fine.  They might ask for copies of pay stubs.  They might not. I don't see anything about Brazil being strict about it.  For instance in Philippines they rarely look at I-134s.  

 

Understand what you're saying, but how would I explain anything to the Embassy at this point? Would they contact me? All indications seem to be that Brazil doesn't look for that anyway.

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2 minutes ago, cbro20 said:

 

Understand what you're saying, but how would I explain anything to the Embassy at this point? Would they contact me? All indications seem to be that Brazil doesn't look for that anyway.

Your fiance will take the packet.  Worst case they ask her to get more information.  You will probably be fine . . . K1s are pretty easy and you already have a joint sponsor.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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Filed: Citizen (apr) Country: Brazil
Timeline
12 hours ago, cbro20 said:

Will my lack of tax returns be a problem for the embassy? 

US tax returns for the most recent tax year are not required for the I-134 unless you were self-employed.  Carefully read the instructions for the I-134.  Some consulates/embassies ask for them but I don't think Rio is one of those.  Check the Brazil forum and the list of documents needed for the visa interview that you received from the Rio Consulate to make sure.  Rio is a pretty good consulate for interviews, but they are very thorough in reviewing the documents required before the interview so make sure you review and double check the list they sent to make sure all is in order.  You will need a recent US tax return (three years is optional) when you file for Adjustment of Status after marriage in the US, with an I-864 which is slightly different and longer than the I-134.  At that time you can send a letter explaining why you were not required to file a US income tax return.  Sounds like you're fine for Rio because you have a qualified co-sponsor.  Good luck!

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Filed: K-1 Visa Country: Sweden
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You're saying that you got married in May last year, that means you can't file for the K-1. 

K-1: 12-22-2015 - 09-07-2016

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EAD: 01-18-2017 - 05-30-2017

AOS: 12-20-2016 - 07-26-2017

ROC: 04-22-2019 - 04-22-2020
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https://www.youtube.com/watch?v=WBs3G1PvyfM&ab_channel=Sabaton

 

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Filed: Citizen (apr) Country: Australia
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9 minutes ago, Scandi said:

You're saying that you got married in May last year, that means you can't file for the K-1. 

I think the OP means they made the decision to marry in May, not that they got married in May. 

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Filed: AOS (pnd) Country: Australia
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Tell the truth. I had the same situation as yours - we decided to apply for K1 visa in September but I didn’t get officially get proposed to until June (after the visa was approved!). I didn’t have a ring on my finger for the interview in April but we knew we were getting married in July and that’s all the officer cared about. As someone else said - engaged isn’t a legal status. They only care that you have the intent to get married. Don’t lie - you’ll end up in over your head and the last thing you want to do is be caught out making up stories. 
 

My response to the question was something along the lines of:

 

”In September 2018 we made the decision as a couple that we wanted to be married in the near future and as such we decided to proceed with the K1 visa as it best suited our needs. We have tentatively planned our wedding for July, should our visa be approved”

 

They were satisfied with that and I was approved on the spot. 

Edited by emeline29
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Filed: Citizen (apr) Country: Australia
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17 hours ago, cbro20 said:

 If the consular officer asks her "when did he propose/when did you get engaged" or some variation, I'm worried that saying November 2019 will be an incorrect response, since we filed the petition before November. Is this something to worry about? Should she simply say "we decided to get married in May 2019"? Or should she give my "official proposal" date of November 2019? 

You and your fiancee can always tell the story the way you just told it to us here. We had a similar situation. We decided to get married almost a year before my then-fiance came here and proposed officially. I don't think it's that unusual.

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Filed: Citizen (apr) Country: Thailand
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20 hours ago, cbro20 said:

 

Thanks. One more thing that I'm overthinking. 

 

I haven't filed taxes for the last 3 years (I was in school and making below the filing requirements). I included an I-134 Affidavit of Support with a statement of employment from my employer (I recently started) and some bank statements. 

 

I was worried that my financial case alone wouldn't be strong enough, even though my 2020 income will be more than the requirements, so my mother co-sponsored, and she submitted multiple years of tax information, employment verification, bank statements, and more. 

 

Will my lack of tax returns be a problem for the embassy? 

I mention this to anyone considering immigration in their future. You can file taxes every year even if you don't make the minimum to file. This way you would have proof of filing. You could probably file for those 3 years if you wanted so you would have access to transcripts if you were worried. But know that you can file taxes even if you don't make a single penny. I always encourage people to file because you never know what things you might qualify for. I have seen people make no money certain years, but actually get a refund because of programs they qualified for.  Just a FYI for you and anyone else. I'm sure you will be fine with everything you have. Since you said you were in school their are multiple programs that would get you a refund for continuing education. you may want to check with a tax guy and file for those 3 years, you may be owed some money. The IRS isn't going to look for you to hard if they owe you, but owe them something..... well, you know. LOL

Edited by Loren Y

Here on a K1? Need married and a Certificate in hand within a few hours? I'm here to help. Come to Vegas and I'll marry you Vegas style!!   Visa Journey members are always FREE for my services. I know the costs involved in this whole game of immigration, and if I can save you some money I will!

 

 

 

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