A few questions about our K-3 application

[redpixie 0]

Hello everyone,

I am new to this forum and wanted to say "Thank You" for all of the wonderful advice within. I am so happy that I have found this site.

I have a few questions/problems that I hope someone might be able to help with a little regarding the I 129-F and K-1. My fiance and I met physically back in 2005. We had been talking online and over the phone for a number of years prior to this and had fallen in love with one another very deeply. My fiance is a US citizen and I am a UK citizen. We finally got the chance to meet when I obtained my student visa and studied in the States for a while. Basically, we have lived together since the day we met, in the States, the UK and now we are living in Ireland. We have now decided that we are ready to take the final step and get married. We want to marry and live in the states, and decided that after much deliberation.

We sent off our I 129-F form back in April from Ireland. Obviously, as he now lives here with me, he put his home address as our Irish address and also put his parents address on the form as we intend to live there once we get over to the states. We are yet to hear anything back from the USCIS (we filed with the Texas service center), so he called the customer service line last night and reached one of the most unhelpful people you wan imagine. He was told that no notification could be sent to a country outside the states and the lady refused to give him any more information with regards to our claim. He tried to give the lady his parents address, but she kept interupting him and wouldn't let him continue. We are assuming that they have the claim within their system as the lady kept telling him that the address he was giving (ours in Ireland) was not the correct address attributed to him (we are assuming, therefore, the correct address must be his parent's). He ended the conversation no more the wise as to the progress of our case. We don't know what to do next as obviously we need to know what is going on. If they process our application, we are scared that we will not get any notification at all about it. Does anyone have any suggestions as to what to do?

Secondly, I'm not sure as to how we can go about proving our relationship as a lot of my old emails were lost when my account was closed for inactivity. Along with the emails, I lost all of the flight information about our travel as that was all in the account. I no longer have any telephone bills to prove we were talking while we were apart, nor do I have any old credit card information as I lost a lot of paper work when we moved from the UK. We do have posts back to one another in our blog forums and social networks, will those do as proof of maintaining a relationship. All of the household bills and rental agreement for our home is in my name, so there is nothing there to prove anything. Would he be able to attend my visa interview with me, if the K-1 is given the go ahead? Like I say, we have lived together in a very serious relationship for over two years.

Also, we looked over the visa form again this morning and realised that I did not send a statement of intent to marry. I am worried now as we sent the form off back in April. I wrote the statement this morning and am wondering what the best course of action is. Do I really need to send this? If I do, should I send it off with a covering letter explaining the omission and copies of our original I 129-F form?

With regards to the interview, can I ask to go to the US Embassy in Dublin, or do I have to go to the London Embassy for my interview. We have lived in Ireland for the last year and I have the social security details to show I am a resident of the ROI now, although I still have my UK citizenship. I don't really want to go back to the UK for this as Ireland is my current legal home.

Just a few more points. As my fiance has been out of the States for almost two years, he doesn't have any documentation to prove that he can support me. His parents have agreed to act as my sponsor, should we get the visa. They have also agreed to let us live with them for however long we need. My fiance will be looking for relevant employment when we get out there, but until then he has no actual documentation of his own to support the affidavit of support. Can his parents act alone as my sponsors in that case?

Finally, my fiance no longer has a US bank account so we had to send an international money order from my bank in Ireland to cover the filing fee. Although the draft is written in dollars, I am a little concerend that this might not be accepted. Will they cash this international money order should our application be approved?

Thanks in advance for any help and suggestions. Good luck to all with your applications!

[redpixie 0]

Sorry title should read "A Few Questions About Our k-1 Application".

[pushbrk 12,154]

Sorry title should read "A Few Questions About Our k-1 Application".

Actually, your title should read "A few questions about our I-129F petition." Your husband filed a petition that, if approved, will allow YOU to apply for a K1 visa at a Consulate abroad.

Anyway, it sounds to me like a number of issues are possible. The first thing I would do is have your fiance make that call again. When he does, he needs to speak as if his parent's address is the address of record. It should be, if you put it in the correct place on the form.

It is correct that no USCIS notifications will be sent to Ireland, so it is important the address is correctly noted. You can also check to see if your payment has been deposited. Take it a step at a time.

Edited June 23, 2007 by pushbrk

[redpixie 0]

Sorry title should read "A Few Questions About Our k-1 Application".

Actually, your title should read "A few questions about our I-129F petition." Your husband filed a petition that, if approved, will allow YOU to apply for a K1 visa at a Consulate abroad.

Anyway, it sounds to me like a number of issues are possible. The first thing I would do is have your fiance make that call again. When he does, he needs to speak as if his parent's address is the address of record. It should be, if you put it in the correct place on the form.

It is correct that no USCIS notifications will be sent to Ireland, so it is important the address is correctly noted. You can also check to see if your payment has been deposited. Take it a step at a time.

Thank you for the advice, it is much appreciated.

I was thinking of contacting the US Embassy in Dublin first thing monday morning. I know that the whole visa issue takes a fair bit of time to clear up but I did think we would have heard something by now. Maybe if we contact the embassy out here they might be able to help somehow.

I do think that my fiance should call the customer service line again however, he is really apprehensive about doing that now after the treatment he recieved. I was sitting right next to him and could hear the lady shouting down the line at him. When we call again, I will be sure to remind him to tell them his parents address. We also need to contact his mom to find out if they have had anything sent to them this week with regards to the application.

With regards to the payment issue, I don't know how I can do that. My bank issued a draft directly from themselves to the USCIS. I basically just paid the fee of $170 to my bank and they did the rest, so nothing is tied into my bank account. I tried calling my bank's call center this morning and they said that the only thing I can do is to visit my branch during the week and ask if a manager can track the money order. I think that I need to cover all bases here, so I will definately be in touch with them on monday.

Thanks again for the help.

[redpixie 0]

The thing I am most concerend about is the fact that we didn't include the statements of intent with the application form. Obviously, as we both have the same address on the I 129-F, the USCIS should, in theory, realise that we are living together. How problematic is it that we forgot to include these statements with our paperwork and will they deny our application because of this? I am really worried about this.

Has anyone else forgotten to include any of the paperwork and, if so, were you able to submit it late rather than have to go through the whole process again?

[Dakine 26]

Sounds like you should consider getting married and starting all over.

Just my 2 cents!

[redpixie 0]

Sounds like you should consider getting married and starting all over.

Just my 2 cents!

That is one option i suppose, but we are already in the process of planning the wedding out there. Also, it's not really possible for some of his family to travel all the way over here due to health reasons. We really want all family members to attend as this is going to be the most important day of our lives.

[pushbrk 12,154]

The thing I am most concerend about is the fact that we didn't include the statements of intent with the application form. Obviously, as we both have the same address on the I 129-F, the USCIS should, in theory, realise that we are living together. How problematic is it that we forgot to include these statements with our paperwork and will they deny our application because of this? I am really worried about this.

Has anyone else forgotten to include any of the paperwork and, if so, were you able to submit it late rather than have to go through the whole process again?

It is highly unlikely they'll approve your husband's petition (Again, it is a petition, not an application.) without the key required statements. It's hard to tell whether you will get an outright denial or an RFE asking for the statements of intent. That you are living together is not a substitute.

You do not submit anything late or unsolicited. You need to wait for RFE or denial.

[Dan J 277]

Sounds like you should consider getting married and starting all over.

Just my 2 cents!

That is one option i suppose, but we are already in the process of planning the wedding out there. Also, it's not really possible for some of his family to travel all the way over here due to health reasons. We really want all family members to attend as this is going to be the most important day of our lives.

If you have lived in Ireland long enough (6 months is usually the requirement), you may to get married and file for a Visa via DCF. It generally works the best when you have no US residency, and in some cases, faster than other options.

A Wedding is not a marriage, and a marriage is not a wedding. You can have a legal marriage in ireland to be able to consider yourselves legally married and be able to file for a marriage visa. Then have a the wedding you want when you want after you enter the US.

[Dakine 26]

Sounds like you should consider getting married and starting all over.

Just my 2 cents!

That is one option i suppose, but we are already in the process of planning the wedding out there. Also, it's not really possible for some of his family to travel all the way over here due to health reasons. We really want all family members to attend as this is going to be the most important day of our lives.

If you have lived in Ireland long enough (6 months is usually the requirement), you may to get married and file for a Visa via DCF. It generally works the best when you have no US residency, and in some cases, faster than other options.

A Wedding is not a marriage, and a marriage is not a wedding. You can have a legal marriage in ireland to be able to consider yourselves legally married and be able to file for a marriage visa. Then have a the wedding you want when you want after you enter the US.

I don't know about Ireland but if you want to do a DCF in the Philippines you HAVE to establish Domicile in the US before you will be granted a visa. And yes it's normally a bit faster if you have "all your ducks in a row"!

[redpixie 0]

Thanks again for all the advice. I'm going to call up the USCIS tomorrow morning and find out what the deal is. Like I say, we haven't had the NOA1 back yet so we also need to clear that up. I'm hoping that they will just ask for us to send the statements that are missing currently rather than deny our petition altogether.

If we have no success then, as you have said, we have a few options. First off we can apply again with everything in tact or we can see about getting married out here. What ever happens, we know that we want to spend the rest of our lives together and we just have to find the easiest way to achieve this.

I'm just finding the whole process really frustrating and a little upsetting right now. Please, keep your fingers crossed for us that we don't have to go through this again and can get our problem with the statement sorted out.

[redpixie 0]

Just a slight update of the situation.

I have just called the USCIS and they were very helpful. According to the two people I spoke to, they are likely to ask for the statement of intent to be submitted rather than just denying the case. I presume omissions of some types are pretty regular occurences. That's one small weight slightly off my mind, but we will see.

My fiance has to call them back later today to ask for the NOA1 information.

Please keep your fingers crossed for us. We both want this more than anything.