Quick Check before sending off I-129F forms?

[amm7s@mtmail.mtsu 1]

My fiance and I are officially engaged, and have gathered our information and documents to send in with the I-129F that we sat down and filled out together. I would just like to do a quick check-in and see if there is anything I am forgetting?

 

Me: United States

Her: Philippines

 

Documents:

-My birth certificate

-Both of our passport style photos

-Evidence of meeting: multiple pictures of us together during her most recent visit last year, including pictures showing United States landmarks (about 9 in all)

-Her passport, U.S. tourist visa, flight tickets, and I-94 all documenting her visits to the United States from 2018 - 2020

-Her birth certificate

-Documents of her business ownership

-Both Intent-To-Marry letters, along with a picture of our exchanged rings

-Payment check

 

-Neither of us have a previous marriage to disclose, nor any previous name changes.

 

Am I forgetting anything? Will the combination of pictures and her I-94 / passport / plane tickets be enough to prove our relationship? Are the letters of intent with pictures of our rings for each other sufficient to prove our intent? Does the check get sent off in the same package with the evidence documents and application? Do I just dump it all into an envelope and send it off?

 

Thank you!

[powerpuff 6,723]

Don’t forget passport stamps. Pictures are secondary evidence and hold much less weight than passport stamps and boarding passes (it would be great if you had boarding passes, I didn’t save them but our case got approved without RFE).

 

Not sure how her business ownership documents and copy of her birth certificate are relevant to the 129f application. 
 

regarding rings.... I’d be careful here. Usually (and I’m talking about the US and cultural nuances of US specifically), getting engaged involves one party giving a ring to another and not both exchanging them. I’m just saying this because some cases were scrutinized and even denied if the immigration authorities suspected a whiff of marriage. This is just my opinion, maybe people got approved without any problems in a similar situation, I just personally wouldn’t risk it. 
 

the check goes together with the documents in the same envelope.

 

here are VJ guides so you have an idea what the packet contains. We used it and it was of great help: 

 

Edited February 2, 2021 by powerpuff

[Adventine 3,201]

I agree with @powerpuff that you should include all passport stamps, and that the business registration is not needed. Your fiancé does not need to provide any financial or business-related documents until much later in the process.

 

All OK for the engagement rings. They are considered signs of an engagement in the Philippines too.

 

@amm7s@mtmail.mtsu your evidence looks fine to me. Don't forget to sign the letters of intent to marry.

 

Also, you've been on this site a few months and I'm sure you've seen the numerous posts comparing the K1 to the spousal visa. I'm not going to dissuade you as I'm another one of those who chose to stay with the K1. Just want to set your expectations that this process is taking much, much longer than anyone expected. Your fiancé has been to the US before - is her US visa still valid? If yes, do take one last time to think about if you really want the K1 or the spousal route. 2020 has shown us that the K1 lost its comparative advantage in speed. Hopefully things will speed up in 2021.

Edited February 2, 2021 by Adventine

[Maki&Kiki 123]

No need for 

-Her birth certificate

-Documents of her business ownership
 

[Maki&Kiki 123]

Anyways,

 

Showing that she has US VISA to support the evidence that she had come to visit you is ok, as for the passports make sure you mark or put arrows of passport stamps entry/exit incase she/you have many, so the officer doesn't spend much time searching for them

Flight tickets good, include boarding passes if you have.

 

powerpuff is right, be careful with the picture exchanging rings, might want to skip that one.

 

Proof of ongoing relationship is not mandatory, if you want you could include couple of skype/email conversations, but many didn't send.

 

Other than that, looks good <:

[amm7s@mtmail.mtsu 1]

Thanks for the replies, everyone.

 

RE: rings - if it's best to leave them out, I'm fine to do so. It wasn't even originally part of my plan, but when I was compiling our photos, I happened across the photo of the rings we had given each other so I figured it might be helpful for the "intent to marry" evidence. But if the letters are sufficient without the pics, I can drop them.

 

RE: passport stamps - she sent me a complete scan of her passport, so it would show the stamps on it. I'm assuming this would be good enough?

 

RE: fiance visa v. spousal visa - I have seen that suggested a couple times, but from everything I have gathered, the K1 visa is still taking between 6-9 months (I've even seen as fast as 5-7 for the Philippines before) and the spousal visa is taking 12-18 months, correct? Her US visa is still valid, but she is worried about her coming back over here so soon after her most recent departure. She came here in November 2019, and was supposed to leave in March 2020, but all of the COVID shutdowns happened, and she had numerous return flights cancelled. So she applied for an extension on her 6 month stay, and ended up leaving this past November (less than 180 days beyond her original expiration in May - her extension request is technically still pending, she hasn't received a decision yet, but her I-94 shows "N/A" in her "overstay" section). She's been worried that for her to come back here so soon, especially after being here so long in the first place, that they might become suspicious and not let her in. And as far as myself going over there, they are currently requiring a 2 week quarantine for US visitors, which would completely take up the entire vacation period I'd have to be able to go over there. Considering everything that her and I have been seeing about the processing time for this, 6-9 months versus 12-18 months (assuming that is accurate?), her and I have decided the K1 visa is the one we want. We aren't so concerned about immediate travel after she comes back, nor about the period of time until she can work. Our objective is for her to be here and us be together as fast as is possible. Is there some information I am missing in regards to the time frame the visas are taking?

 

Thank you again for the replies everyone. I am feeling more confident about this process by the day.

[Adventine 3,201]

29 minutes ago, amm7s@mtmail.mtsu said:

 

RE: fiance visa v. spousal visa - I have seen that suggested a couple times, but from everything I have gathered, the K1 visa is still taking between 6-9 months (I've even seen as fast as 5-7 for the Philippines before) and the spousal visa is taking 12-18 months, correct?

 

We banked on this too, as the historical precedent showed K1 visas were much, much faster. That all went out the window with COVID. You can check my timeline. We're still waiting for my NOA2. Pre-COVID, I would have been married and in the States by now.

 

Also note that the US Embassy in Manila has not been doing regular visa interviews since March 2020 to present. Only expedited K1s have been issued, usually because the couple has a US citizen child or the USC is active duty military. There are literally thousands of K1 applicants waiting for the Embassy to reopen. And we don't know when that will happen. 

 

You can review the statistics here, of how many K1 visas they issued in Dec 2019 vs Dec 2020:

 

Source: Monthly Nonimmigrant Visa Issuance Statistics (state.gov)

K1 visas issued in Dec 2019 (492): DECEMBER 2019 - NIV Issuances by Post and Visa Class (state.gov)

K1 visas issued in Dec 2020 (59): DECEMBER 2020 - NIV Issuances by Post and Visa Class (state.gov)

 

As for the spousal visa, the applicants have been given more priority by US embassies worldwide. You can review the similarly formatted statistics here: Monthly Immigrant Visa Issuance Statistics (state.gov)

 

We decided to continue our K1 application because we filed in June 2020, and we don't want to go to the back of the line for a spousal visa. We will only proceed with the spousal if our K1 application is denied (not likely).

 

But for someone like you who is only about to file the K1 petition, and with a fiancée who has a valid US visa, I can't in good conscience recommend the K1. 

 

I don't know what effect your fiancée's considerable tourist visa overstay will have but note that you have the option for her to travel to the States, for you guys to get married, then for her to return to the Philippines to wait for the spousal visa.

 

Edit: please also note that US citizens are not allowed into the Philippines until further notice unless they meet very specific criteria, such as having Filipino children or Filipino spouses. Even then, they still have to apply for a visa at their nearest Philippine consulate.

Edited February 2, 2021 by Adventine

[Adventine 3,201]

OP, I realize I may have burst your bubble and I'm sorry that I have. But it's best that you know the reality on the ground now, before you file anything. It may save you stress and heartache in the long run.

 

Apart from my personal experience and the sources I cited, you can check this thread (if you haven't done so) for VJ members' opinions: Choosing a K-1 Fiance or CR-1 Spouse Visa in 2021 - What Visa Do I Need - Family Based Immigration - VisaJourney

[amm7s@mtmail.mtsu 1]

2 minutes ago, Adventine said:

OP, I realize I may have burst your bubble and I'm sorry that I have. But it's best that you know the reality on the ground now, before you file anything. It may save you stress and heartache in the long run.

 

Apart from my personal experience and the sources I cited, you can check this thread (if you haven't done so) for VJ members' opinions: Choosing a K-1 Fiance or CR-1 Spouse Visa in 2021 - What Visa Do I Need - Family Based Immigration - VisaJourney

Nah, it hasn't really burst my bubble, it's just more information to try to process to make this decision.

 

We have talked about the spousal visa route, but she is uncertain how easily she could actually get back or not, and we have been worried about the lengthy timeline of the spousal visa. If she were to come here, and we get married, are we able to file for the spousal visa while she is here? Or does she have to physically return to the Philippines before we file?

 

I also hadn't come across that information about the Manila embassy not doing interviews in my research. So I definitely have had incomplete information to this point.

 

All in all, it is definitely something for her and I to consider before I submit the paperwork.

 

I do appreciate the input. Honestly, this COVID stuff is my biggest fear regarding this whole visa process. Her and I just want to be together and we're both worried that something is going to happen due to this COVID stuff that keeps us apart.

[payxibka 10,045]

3 minutes ago, amm7s@mtmail.mtsu said:

Nah, it hasn't really burst my bubble, it's just more information to try to process to make this decision.

 

We have talked about the spousal visa route, but she is uncertain how easily she could actually get back or not, and we have been worried about the lengthy timeline of the spousal visa. If she were to come here, and we get married, are we able to file for the spousal visa while she is here? Or does she have to physically return to the Philippines before we file?

 

I also hadn't come across that information about the Manila embassy not doing interviews in my research. So I definitely have had incomplete information to this point.

 

All in all, it is definitely something for her and I to consider before I submit the paperwork.

 

I do appreciate the input. Honestly, this COVID stuff is my biggest fear regarding this whole visa process. Her and I just want to be together and we're both worried that something is going to happen due to this COVID stuff that keeps us apart.

Manila is NOT doing routine k1s, they are doing some spouse visas.  That is the situation today and could change tomorrow. 

 

She can come marry in the US,  file tbe petition while still here,  then go home when she wants.  

[Adventine 3,201]

@amm7s@mtmail.mtsu yes, she can travel to the States, you can get married, and you can start filing for the spousal visa while she is there.  

 

But there are two very big IFs:

 

1. If the CBP lets her in again any time soon, given her lengthy overstay last time. There is a general rule of thumb (not supported by any written evidence that I've seen), that it's best to stay outside the States for about twice as long as you're in the States. Otherwise she could be viewed as abusing her tourist visa to live illegally in the US.

 

2. If she does manage to enter the States again soon, you can get married, but she must return to the Philippines at the end of her authorized stay. She cannot travel to the US with the intention of marrying and staying permanently, as that is illegal. She can travel, get married, then go home to the PH to wait for the spousal visa.

 

If you do not wish to go that route, in my opinion your existing K1 petition is ready to file.

 

For local information, you can also browse the Philippines regional forum here on VJ.

Edited February 2, 2021 by Adventine

[amm7s@mtmail.mtsu 1]

8 minutes ago, Adventine said:

@amm7s@mtmail.mtsu yes, she can travel to the States, you can get married, and you can start filing for the spousal visa while she is there.  

 

But there are two very big IFs:

 

1. If the CBP lets her in again any time soon, given her lengthy overstay last time. There is a general rule of thumb (not supported by any written evidence that I've seen), that it's best to stay outside the States for about twice as long as you're in the States. Otherwise she could be viewed as abusing her tourist visa to live illegally in the US.

 

2. If she does manage to enter the States again soon, you can get married, but she must return to the Philippines at the end of her authorized stay. Overstaying (for a second time in such a short period!) will likely have unpleasant consequences for your petition.

 

If you do not wish to go that route, in my opinion your existing K1 petition is ready to file.

 

For local information, you can also browse the Philippines regional forum here on VJ.

#1 is exactly what she was worried about. Typically, she stays for about 3-4 months or so, and then is gone for the rest of the year. Unfortunately, due to COVID she got stranded here.

 

For what it's worth, in regards to her overstay, she has documentation of numerous attempts to leave, and her flights being postponed / cancelled due to COVID (the documents from her original entry show her original return ticket scheduled for February), she has a proper extension request before her initial expiration, and she still returned within 180 days of the extension when finally did leave. So while she did overstay, and I'm not a lawyer, I do have to believe this one is an easy one to defend.

 

But I think that would be our biggest obstacle to doing the spousal visa route. If we were certain she could get in, she would be on a plane back already. She has the motivation and the means to get on a plane today if she could to come back. We did have our reasons for not getting married in the first place when she was already here (it was talked about for sure, but together we decided against it), but if she were able to come back we would both be happy to get legally married.

 

We would definitely ensure that she would leave before her expiration. That's one reason why chose not to get married, is we felt that getting married during an overstay might actually look pretty bad for her.

 

But the situation with the embassy in Manila is concerning. I didn't realize they weren't doing K1 interviews. That makes me feel like we might be stuck. Either we go K1 and get stuck not being able to proceed with an interview, or we go the spousal visa route and possibly get stuck if she can't actually get in.

[Adventine 3,201]

There are no easy decisions. You will have to decide as a couple what works best for your situation.

 

Also note I modified my previous long post - I changed my Item #2 slightly. I just remembered that overstays are forgiven for spouses of USCs. For clarity, here is my self-corrected post:

 

 

2. If she does manage to enter the States again soon, you can get married, but she must return to the Philippines at the end of her authorized stay. She cannot travel to the US with the intention of marrying and staying permanently, as that is illegal. She can travel, get married, then go home to the PH to wait for the spousal visa.

 

 

[amm7s@mtmail.mtsu 1]

20 minutes ago, Adventine said:

There are no easy decisions. You will have to decide as a couple what works best for your situation.

 

 

Yea, it's definitely made the decision a bit more complex.

 

It is frustrating because when I was doing my research, what I saw was that K1 visas were being approved again, and given priority. So it is frustrating now to come across this information that the embassy in Manila just isn't processing it at all right now.

 

Even under these conditions, what is the time frame for a spousal visa from filing to approval? Would it still take a year or more before she'd be able to come over here?

 

I guess it would be eased a bit if she could come over here and stay while we file (until she needs to return, of course). It's certainly worth a discussion with her.

 

I guess we will need to consider: 1. Can she get back over here in the first place? 2. What are the chances that the embassy in Manila will start processing K1 interviews again by the time our application would get approved anyways (so basically, would they start interviews again during our 5-7 month waiting period?) 3. How long in total would the spousal visa if we did choose that route?

 

Is there a website I can go to to keep track of the Manila embassy operations?

Edited February 2, 2021 by amm7s@mtmail.mtsu

[payxibka 10,045]

8 minutes ago, amm7s@mtmail.mtsu said:

Yea, it's definitely made the decision a bit more complex.

 

It is frustrating because when I was doing my research, what I saw was that K1 visas were being approved again, and given priority. So it is frustrating now to come across this information that the embassy in Manila just isn't processing it at all right now.

 

Even under these conditions, what is the time frame for a spousal visa from filing to approval? Would it still take a year or more before she'd be able to come over here?

 

I guess it would be eased a bit if she could come over here and stay while we file (until she needs to return, of course). It's certainly worth a discussion with her.

 

I guess we will need to consider: 1. Can she get back over here in the first place? 2. What are the chances that the embassy in Manila will start processing K1 interviews again by the time our application would get approved anyways (so basically, would they start interviews again during our 5-7 month waiting period?) 3. How long in total would the spousal visa if we did choose that route?

 

Is there a website I can go to to keep track of the Manila embassy operations?

Its worse than that for k1.   You need to factor a one year backlog of petitions already in the queue that need to be interviewed before your number comes up