Simeon

I have read so many posts on how the interviewer does not even look at the evidence and outright denies the visa. Such things scare me a lot .

I am already on my fourth month of i130 and I am sure it will b e no less than a eight month wait , and what if after all this trouble the interviewer just denies me out of ego or something? Does that happen a lot?

If they were so biased, the consulate would never hear the end of it. They may deny a visa outright because of some inadmissibility criteria (also mostly objective). See INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY for more details. If you believe you are ineligible for any of these reasons, it might behoove you to prepare a waiver, but do NOT preemptively file a waiver. Always wait for the consulate to ask for supporting documentation.

But im afraid that we dont have enough documentation to show bonafide marriage( bank statement, lease agreement.)

When my wife and I applied for the K-1, we did not have common domicile, co-mingled finances, or a marriage certificate. The US Consulate in Guangzhou did not have an issue with our relationship, and so it was not hard to prove. Then again, we had been dating for 4 years and Skype/e-mailed/visited during that period. If you have mutual friends that can write an sworn affidavits for you, legitimizing your relationship, that would be helpful. Save any and all documents/tickets/pictures from your visits to each other. Identify everyone in your pictures, and ask them if they can write affidavits. We even sent them our mushy love letters showing how much we loved/missed each other in long distance. You're simply trying to show that your relationship is legitimate AND not a sham, so just put yourself in their shoes and ask yourself what it would take to convince yourself. Lastly, remember that they actually have to READ all of this, and so you want to tell your story concisely, or your case will simply be unnecessarily delayed. So, full logs are probably unnecessary. Make it easy for them to understand your relationship.

not true, he can still remove conditions with a divorce waiver as long as he can prove he entered into the marriage in good faith

You're right, he can apply for a waiver with the I-751, provided he can show a good faith marriage. Thanks for the correction.

To the OP, the usual documents are required for proof of relationship, plus proof of common domicile, child birth certificates, co-mingling of finances, and anything else that can prove you were legitimate. I'm sure someone with more experience can comment more on specifics to help your case. Good luck.

But we don't have an address in Haiti that is deliverable for mail....it has no number or street name, literally just the area of the town...should I still put that?

How does your FL mail get forwarded to Haiti?

I'm currently engaged to US citizen fiancée, both living in S Korea, and we plan to start our life together in US. While looking at all these different options, K-3 seems to be all around safe/easier way, I would say more versatile, but it still takes as long as other options. And I've read or heard somewhere that USCIS field office in Seoul takes significantly shorter amount of time than going thru US Lockbox and NVC and consulate.

Does anyone have experience with field office in Seoul or if it is a significantly better option than going thru USCIS in the US?

Agree with the previous posts. K-3 is a much slower route these days. Get married and go through the CR-1 process by DCF. If you are a resident of S. Korea, you have a better shot. Otherwise, if you are only a temporary visitor, DCF is unlikely.

http://www.visajourney.com/forums/topic/453631-ds-230-obsolete-review/

It looks like the DS-230 is being obsoleted depending on the whether or not your center is electronically processed or not. Definitely call in, it could save you 2 months.

if your income is 50K no assets necessary

if you make less than the 22K (yeah I know a touch less) then you use the assets X3 to make the diff

a further comment about assets.. if you will use the house, make sure you have the whole appraisal thing worked out in advance as well ..heck sit down with that lawyer of yours and have them help you fill it out now so you know what documents you will need .. why not?

Thanks for that clarification, stevie. I've got the county appraisal.

I definitely will talk to my lawyer. He's good, it's just that a friend had recommended a somewhat inexperienced lawyer for my past K-1, and so I just got used to double checking each step to make sure she wasn't missing something. My new lawyer is much more experienced, but I still have the habit.

tsk tsk

http://www.visajourney.com/timeline/profile.php?id=166071

So theres no chance to enter if i cant provide evidences like bank accounts or properties ? Cuz i dont work but i have a strong ties with my country ,no problem with that

By strong ties, they mean more economic rather than social. Do you own a home? Do you have a bank account? How much is in that account? Do you own a business? Are you employed? Do you have family there? etc...

Essentially, you need to prove that you have a strong incentive to go back to your country after visiting. Having a spouse/significant other in the US is already a negative strike against you, as it shows you actually have a strong incentive to stay in the US rather than go back home.

Hi!just wanna ask,im CR1 ,do i need to answer the ds260 which is the" Online Immigrant Visa Application"?I already sent a ds-230 to NVC.

Need help plss!

I believe the DS-260 is just the online version of the DS-230. I filled out the DS-230 for my K-1 before.

it's in the I-864 instructions somewhere.

Sorry, I don't know how I missed that. It is 3 x (household income - poverty line) from I-485, part 7, section 10.

Just to make sure, if my income is $50K, and poverty is $22K, I need $84K in assets? Or does that only apply if I am under the poverty line?

HELLO EVERYONE

Since I'm jobless now and a divorced permanent resident I want to remove conditions and have the intention to join the Marine Corps.

I'm confused now! I went to the career office there they said I'm qualified because my card is not expired yet I have more than a year on it but I'm divorced. Anyway they have a program for naturalization for recruits at boot camp. Sould I wait for it or no matter what I have to file to remove the conditions after divorce even if I'm in boot camp???????

HELP PLEASE

You can only remove conditions based on marriage (I-751) or based on entrepreneurship (I-829). Since you are divorced, you no longer have the basis for marriage. I'm not sure how the boot camp naturalization works, but it sounds like you need to remove the conditions first to have a pathway to naturalization.

So I received my approved notice almost 2 weeks go now, stating that my I-129F petition was approved and being sent to NVC. My question is when will I receive the so called package containing the directions on what to file to the office and things to prepare for the interview. My fiance is coming from Colombia South America.

I've read up on a lot of guides on what to prepare, but its still confusing as to what exactly is the next step now.

Congratulations on getting your NOA2! Now, you need to prepare for the interview. Check the K-1 process flowchart:

http://www.visajourney.com/content/k1flow

and the K-1 guide, specifically the section on what to do after receiving NOA2:

http://www.visajourney.com/content/k1guide

If you have not yet created a timeline on VJ, I would recommend that you do so, as it helps you track your progress:

http://www.visajourney.com/timeline/intro.php?cfl=

Good luck!

Am kind of confuse abt all this forms am reading abt, what's is form 230, which is 260, 156,156k,157, which forms am I filling and taking to embassy and which is my fiancee goin to fill on line and send to them, which am I going to fill and send to embassy before my interview .? Cos just got an email from them

Thanks for your response a nd a clear explanation

Read the instructions for each form and decide which you need. Generally, you'll need to bring the I-156 to your interview along with passport pictures. If you have any more specific questions, feel free to post them.

Some folk lease out their house, and show that income on interview day.

If's that's possible for you - you should set that up before jumping across the pond.

Right, I should rent out my place. The more income, the better. Thanks for that.

assets rule -

must show 3 times the difference (poverty line thresh-hold - current annual income)

That's a lot... which instruction form does that appear on, by the way?

yes this is why I put it out there

you will need to have the job or sufficient assets before the interview.. several months actually.. at the nvc

your current salary is used, although a recently acquired job doesn't always work for you, but also doesn't always go against you.. depends on how constipated the interviewing officer is that day

long period of unemployment affect it?? shoot man I hope not.. I am unemployed almost 2 years and am using assets only to sponsor. the mound of cash of which you speak should not be a spike in your bank account. if you have a home and sufficient equity then you are good too.

as for how that works.. get back to me on Oct 2 and I can let you know

also give your lawyer a call and see if he/she brings up this goodie bag after you tell them your plans.. you might get some of your money back

I hope I have enough cash by the end of this stint in China. Mortgages hurt without income. Is Oct 2 your interview date? Good luck!

Regarding the unemployment, I-864 (Part 6):

You can't file for the K-1, since you have to show proof of marriageability, which will require documents from the Philippines showing singleness. Since she never filed for a divorce in the Philippines, she will not be able to show proof. Darnell, I'm not sure if Singapore will actually let non-citizens marry there, but if that in fact does work, it might be enough to show that you are married and apply for the CR-1 instead of the K-1. You should really consult an immigration attorney on this one.

gosh i hate these acronyms ....

I was referring to the 864 affidavit of support

lol, alphabet soup, stevie. Everything's good with the I-864, except maybe the issue below:

I-864 (Part 6):

• This part about sponsorship worries me, as I have to quit my current job to move to China. I will also not have a job in China, as I've heard it will take ~6 months to get a work visa. However, I suppose I could just apply for a job as soon as I get back, since my salary requirement for sponsorship is evaluated at the interview?
• Will the long period of unemployment affect my eligibility as a sponsor?

It sounds like they won't let her come to the US unless I actually have a job. Sounds like a catch-22. Does that mean I cannot be her sponsor? Or can I just show them a mound of cash and property equity? Thanks, everyone.

May 2013 filing. I'm starting to understand it will be a while before they get to mine. Best of luck to all.

sounds good and you have all your aos stuff worked out as well I assume aye?

Right, the I-485. We have done this for the denied K-1 already, and they did not find issue with it, except for Item 10 (eligibility for a K-1 visa): she was inadmissible by INA212(A)(3)(D)(i), shown below with my own emphasis. Her communist party status was required for her job as a government official, of which she was a rank-and-file member. However, we could not convince the consulate to accept that she needed the CCP membership for her job, as stated in section (ii), thereby being eligible for a K-1. But this time around, we are trying to utilize section (iv) to bypass this inadmissibility barrier, as I am a US citizen. I'm hoping that this strategy will completely bypass any AP, since no RFE will be necessary, as the exception is already codified in the INA.

INA212(A)(3)(D)(i) - In general.-Any immigrant who is or has been a member of or affiliated with the Communist or any other totalitarian party (or subdivision or affiliate thereof), domestic or foreign, is inadmissible.

INA212(A)(3)(D)(ii) - Exception for involuntary membership.-Clause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that the membership or affiliation is or was involuntary, or is or was solely when under 16 years of age, by operation of law, or for purposes of obtaining employment, food rations, or other essentials of living and whether necessary for such purposes.

INA212(A)(3)(D)(iv) - Exception for close family members.-The Attorney General may, in the Attorney General's discretion, waive the application of clause (i) in the case of an immigrant who is the parent, spouse, son, daughter, brother, or sister of a citizen of the United States or a spouse, son, or daughter of an alien lawfully admitted for permanent residence for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest if the immigrant is not a threat to the security of the United States.

domicile (per the I-864 instructions) is evaluated on interview day,

so you have some time to sort this.

Great, I didn't see this form on the timeline before. I see that I can use Item 5-2 to show I was staying in China temporarily by keeping up with taxes/voting, proving ownership of property, bank accounts, etc. Thanks, everyone!

I understand your sense of urgency

IMO it would not affect your processing but could affect your aos, domicile and the like unless you have that all tidied up too

with china being an EP country I do not believe you need to send any originals the nvc route, but I am sure someone else will chime in

Hi Stevie, thanks for the reply. Sorry, I'm not too familiar with the proof of domicile requirements. If I own property, which I will not sell when I move, is that enough to show domicile? Assuming the visa comes within the next 6 months, will it become necessary to reestablish domicile?

I have hired an immigration attorney in LA to handle the case. So, it should be okay for me to not physically be in the US during the processing time? Other than submitting the original application for the K-1, I don't remember having to get involved in the visa process. Perhaps it is the same for the I-130?

Jumping on the bandwagon here. NOA1 came in May 8th. Here's to good luck for us all!

My wife and I submitted our I-130 in May 2013, and we are just awaiting the NOA2. I just want to be with her, just in case this process takes a much longer time. As a bit of background, our K-1 visa got denied after 3 years of processing, which was devastating to us. I had to be the one to tell her the visa was coming in a few months, in a few more months, in several more months... I have to make sure that doesn't happen again. If I moved to China to be with my wife, is there any reason I need to physically be in the US to further process the application?

Has anyone moved to be with their spouse? What did you do while in your spouse's country to pass the time? I've been told it can take up to 6 months to get a work visa in China.

Your thoughts are appreeciated, thanks!

Thanks Alaska2012 and NLR. I have read a bit and seen that there is an NOA1 and an NOA2. I don't know when to expect what. From reading the links you gave me, I should expect to receive the NOA1 in 2-3 weeks, it looks like.

Thanks for the feedback about the photos. I had a feeling they would ask for the item with some sort of form. Looking at the list, I have submitted every other item they request. I feel kind of silly for forgetting one little thing, when I even had them done. But, c'est la vie!

Thanks for those guides as well. I see that there is a substantial amount of paperwork that they will request such as certified birth certificates, police records and tax documents. Good to know so we can get started on that now. Do you know how recent they need to be? I know my hubby has to order his docs from the UK and they may be slow. I just don't want to start too soon either.

NOA1 should come shortly after you file. It is simply a notice of action that tells you they're "working on it". Mine came about a week after I sent in the I-130. The long wait is the NOA2, as you have read, it takes about 6 months on average. Check out the timeline statistics for an idea of the milestones: http://www.visajourney.com/timeline/irstats.php?cfl=

Many documents have a maximum validity period of 6 months. Of course, it's better to play it safe and have fresher documents rather than stale ones. If in doubt, just phone them and ask. Everytime you need to communicate with the government, you're looking at minimum 1 month delay or more. So, don't forget those pictures again.