EAS

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If employment ties are not strong, maybe you can temporarily loan money to start a small business, like a sari-sari store?

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I would not recommend putting too much hope in this course of action. The Immigration Officer is not likely to be fooled by such a ploy. One of the first questions that will be asked about the business is 'How long have you been in business?' another one will be 'May I see your tax returns/filings for XXX period?'. Money suddenly appearing in a bank account or a business that is short-lived brings up more questions than are answered.

If the girl in question were a U.S. Citizen [assume born and raised in the USA to eliminate any other immigration issues]

1. Would you accept that she married another man to obtain something she wanted?
2. Would you marry her once she divorced him after she got what she wanted from ?
3. Would you marry her once she divorced him because she didn't get what she wanted from ?
4. Would you want to be with her if she plainly told you that her number one goal was to obtain that something and that she expected you to provide it?

If any of those answers are NO, then why would her being an alien change things?

I also agree with the poster about the potential complications of the other man.

• Does he know she married him only for a Green Card?
• Does he know that she is 'seeing' you?
• How does/would he feel about his wife 'dating'?

If I were in your circumstances, the girl would be history. I would never speak with her again, no matter what her particular charms might be.

But really, you know all this. You know that something isn't right. That is why you came here asking.

Hello Friends,

I got my K-1 Visa yesterday from US embassy Abu Dhabi. Today my UAE residency visa was cancelled. Now can i fly from UAE to USA or Do I need to go my home country Pakistan and then fly to USA? Please help me about this issue.

Thanks for help.

Congratulations!

I'm moving your post from the Immigration News and Discussion forum to the K-1 forum as a more appropriate location for this question.

~~~~~~~~~~~~~

moderator hat off

If you have no exit restrictions for which you need some sort of documentation, then there is no need for you to return to Pakistan. You can fly from UAE to the US. I don't know if there are direct flights from UAE to the US so you would be transferring at some overseas airport anyway so the country in which your flight originates really is a moot point. It (generally) doesn't matter from where you travel when you arrive in the US as long as you have your visa and the necessary documentation.

You also need to check to make sure that you don't need a transit visa, that needs to be obtained before arrival, for any country in which your flight(s) stop.

You missed the point of my quoted post and I suspect that it was intentional.

I never once said that visas are entitlements or that private local companies issues visas.

The basis of my discussion is that profesional etiquette is not being followed at least in my local embassy. Denying a visa doesn't only affect the immigrant but has implications for the USC also.

Going back to the OP, denying an application based on lack on income when an I-134 if filled out is ludicrous. What then is the I-134 for?

Regarding working in a vacuum, I guess we have different definitions.

You are the one that is missing the point. The applicant has to prove that either the applicant [aka beneficiary] or the U.S. citizen fiance(e) is able to support the applicant financially. That is clearly stated on U.S. Department of State's official website. As for the I-134: Does not say that the Consular Officer MUST request it. Does not say that the Consular Officer MUST rely on it.

I guess we do have different definitions!

Absolutely in agreement.

Just because someone got the visa does nto necessarily mean that their packaging was superior. We've seen many folks who came on to say that they didn't even looked at all the documents that they brought to the interview and instead just chatted about sports and stuff. And vise versa, just because a visa was not given, like in my case, does not mean that I do not have a bona fide relationship as alleged.

My issue with this is not the denial itself but the power that is given to one person to make a decision that affects the life of a USC like that is un American. I was denied my due process.

One's beneficiary is not entitled to a visa. One, as the petitioner, does not have a right to 'give or grant' a visa. While I certainly can understand the disappointment with not getting what one wants, at this point in time, the Government is the only entity that has the authority to legally grant admission of a person to the United States. That authority is exercised by well trained individuals that represent the Government. I DO NOT claim that those individuals can not make mistakes, nor do I claim that it is not possible for some of those individuals to fail to do their job in accordance with the laws, rules, regulations, principles and guidance that is the operating policy of the United States Govenment. I freely admit that I am not an immigration expert, HOWEVER, in the case in this thread (and in many others that I have read) it appears to me that the individuals denied did not meet the stated requirement that the Applicant prove that either the beneficiary [aka the applicant] or the petitioner [aka the USC] could financially support the beneficiary.

The Counselor Officer isn't the only person involved in the decision making process and doesn't operate alone and in a complete vacuum.

The thing I find to be so bizarre about all this is the different requirements of different embassies, the human aspect of intuition by the officer involved and that anyone can run around taking photos all over the place and follow the 'recipe' for the perfect petition/interview when in fact they may have only known each other for a day. Conversely, a sincere, honest and solid relationship can be denied for insufficient evidence, or some other reason (depending on the person looking at the petition/interview on the day) - and all but destroy a relationship because of that interpretation.

Anyway - OP, I hope you are able to follow the alternative path and marry and refile - Sounds like its your only option. Best wishes

In my opinion, this is exactly why there is not [and should not be] a written in stone, un-changeable, and formulaic set of steps and requirements that guarantees that a visa will be issued. Of course, the Government should provide clear guidance on what factors will be considered when making the decision but there should always be leeway for considered judgement on the part of those tasked with making the decision.

Well then you would have been delighted to see my interview review had I been denied. I had very little pictures, my fiancé wasn't into taking pictures and in each step I was requested evidence I sent the same pictures, we had no phone records because he didn't own an international phone and I was ready to get denied, and If I had gotten denied I would have completely understood. While my CO seemed very... Sneaky for the lack of a better word, she was an angel to approve me with the little evidence we had. I do feel its unfair to COs or uscis officers when people think they have a say or choice in what we are told or what happens or like they do thinks out of prejudice., however I didn't think like that two years ago while I was going through k-1

I don't take pleasure in the misfortune of others, but I also understand that one can not always get things one's own way especially if one hasn't met clearly stated requirements. I don't know any of the Consular Officers personally, but I do know other people who have to make decisions that can have significant impacts on the lives of others. I can tell you that NOT ONE of those people that I know take their work responsibilities lightly. Not one of them likes or relishes the idea of the negative impact their decisions may cause. But each and every one of them makes those 'negative' decisions when they think it is warranted. This is not to say that they can't be/haven't been wrong. But I am guessing that they are more often right than wrong.

From the U.S. Department of State's website:

Proof of Financial Support and Affidavit of Support Forms

During the visa interview, applicants will be required to present evidence to the Consular Officer that they will not become a public charge in the U.S. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).

The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.

[/url]Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

I can understand disappointment in not getting what one wants but it is clear from the U.S. Department of State's public website that:

1. the burden of proof of financial support is on the applicant, and
2. that there is no mention or implication that the assets or income of a co-sponsor need be considered in the process.

As stated by another, it appears that accepting a co-sponsor is a 'courtesy' that the U.S. Department of State can choose to extend but is not bound by policy or law to extend.

/Rant

The Counselor Officers have a tough job. It would be refreshing to see a petitioner or beneficiary who has failed come here and admit that they didn't meet the requirements [regardless of how well they think they were prepared] and that the Counselor Officer made the right call.

Rant/

Lets say we get married in march 2013. What needs to happen before she can go back and visit her parents for December in Ecuador? Like what does she needs to have done? What would be the last thing she would need? And is there enought time?

At the minimum she would have to have Advance Parole (AP) approved and in hand before departing the country. However, realize that even with AP she is not guaranteed to be allowed back into the country. Approval times for AP vary but is usually estimated to be about 3 months from the date requested.

The AP can be done in conjunction with or after the Adjustment of Status (AOS) request. The Employment Authorization Document {EAD} can also be requested at the time of or after the AOS request. There is no cost for filing for the AP and EAD if done at the time of or after the AOS request, otherwise there is a fee for the AP filing.

Hi everybody,

Could somebody tell me how much time I will be able to stay in my home-coutry after my K-1 visa is issued to me? Half a year or 3 months? Do I need to move to the USA in half a year period or in a 3-month period? Thanks a lot for your replies.

With your K-1 visa, you can apply for a single admission at a U.S. port of entry within the validity of the visa, which will be a maximum of 6 months from the date of issuance.

She's tried to demonstrate property ownership, assets, employment, etc. Only thing left to show is that I have a spouse visa in Malaysia (even though it's supposed to be about her). Already tried to show my employment history abroad, my consultant work in Malaysia, we own a new company together here, etc. No use.

She's traveled throughout Asia, Australia, and Europe... She didn't stay in any of those countries either. Why would she? All family connections, ties, and everything else is in Malaysia. She's not a village girl, she's set here. There would be nothing for her in the US that she doesn't have better in Malaysia. Interviewer just wouldn't listen to it. Hard headed...

From what I have read you attempted it once. There is a proverb:

'Tis a lesson you should heed:Try, try, try again.If at first you don't succeed,Try, try, try again.

I won't make any further statements about your interactions with the Embassy staff as we only have one side of the story.

If it is important enough to you then you will not accept an initial failure. Surely you have learned that from being a consultant! You are not always awarded every potential engagement, are you? Do you never submit another proposal to a firm once they have not awarded you work once?

Soooo... let me get this right. Cant be a tourist because "assumed she'll want to stay". Can't apply for a greencard because we don't live there, nor do we want to live there? What a load of BS. I think the gremlins wrote this policy.

No, you don't have it right. She can apply for a tourist visa and IF she can prove to the satisfaction of the granting authority that she will not overstay her legally permitted presence then she will be issued a visa.

It really is as simple as that.

She, your wife, does not have a right to be admitted to the US. It is a privilege to be granted at the discretion of the US Government. You as a United States Citizen do not have the right to admit anyone to the US. You can only ask the US Government to admit someone on your behalf.

Your marriage to her, your wife, does not make her a United States Citizen nor does it grant her VIP treatment with regards to a tourist visa. Indeed, the fact that she is married to a United States Citizen is a valid reason for the immigration authorities to be concerned that her intent is to immigrate to the United States. Yes, you say that immigration is not her intent, but it is very rare for someone intending to commit fraud to announce it to the authorities prior to committing the fraud. [NOTE: I am NOT saying or implying in any way that she intends to commit fraud.] It is, therefore, up to the immigration officials to attempt to detect potential fraud and to try to prevent the fraud from occurring. Thus they have instituted a burden of proof on the potential beneficiary.

As others have said, the laws [regulations and policies] are in place due to previous abuse of the immigration system.

The CR-1 application states no where that I have to be living in the US though... where do you find that information? It's sure not stated anywhere...

-- CLIP --

Another simple and fast search yeilds:

Is Residence in the U.S. Required for the U.S. Sponsor?

Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the U.S., which is where you plan to live for the foreseeable future. Living in the U.S. is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions. To learn more, review the Affidavit of Support (I-864 or I-864EZ) Instructions.

-- CLIP --

Having a GC also doesn't state that you have to live in the US, we can easily maintain an apartment there, and go back and forth so show we're there throughout the year. As long as we file taxes, that fulfills that requirement.

-- CLIP --

A quick and simple search yields the following:

Maintaining Permanent Residence

You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA) (see the "INA" link to the right). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.

Abandoning Permanent Resident Status

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently
• Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
• Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
• Fail to file income tax returns while living outside of the United States for any period
• Declare yourself a "nonimmigrant" on your tax returns

So, technically you do not have to live everyday of your life in the US, BUT it is up to the discretion of the deciding officials "in determining whether your status has been abandoned". The rule of thumb that I have seen passed around is generally more time in the USA than outside of the USA. But I am not a lawyer or an immigration official.

On a personal note, as others have said, the attitude you come across as having here will not serve you well when dealing with the authorities. You have to remember that the people doing these jobs have a duty to uphold the laws of the US, they don't create the laws.

The justifiable point would have been if you who was trying to prove a point had given ALL of the correct facts, not just the facts to lead the indiviual to a road that had an end before it began.

Except for that minor detail that it is not an opinion that the I-94 does not authorize a K-1 entrant to work. It is a fact. Also, your first post, post #6 in this thread, was just your 'opinion' that did not matter since you did not bother to give the 'authoritative reference' at that time. Dave&Roza correctly stated the facts and mentioned that they could look up the I-9 to see what forms are legally acceptable for employment. It is easy enough to Google it without him having to post the link to it.

It is correct that my opinion is just that, an opinion. The authoritative source is the USCIS, thus the posting of the link to the appropriate USCIS webpage.

I am not sure what your point here is. This was already mentioned a couple times in this thread. You can file for an EAD before you apply for AOS, BUT it will cost you $380 and only be valid for as long as your I-94 is. Since it takes 2-3 months to receive, it is a pointless waste of money. It is much better to file for the EAD at the same time you file for AOS. The fee for the form is waived when filing and the EAD that is issued in that case will be good for a year, which is usually plenty of time while waiting for the green card approval. The stamp on the I-94 is not authorization to work. That is what I stated and your link does not provide facts to the contrary. An I-94 alone is not permission to work.

The point is to give an authoritative reference rather than a bunch of opinions from people whose opinions don't matter in the least.

Then, I beg you to please enlighten me regarding the purpose of the "I-94 stamp" that is placed in the K-1 Visa holder's passport when they enter the USA!

Sid

You mean the entry stamp to show the date of entry and that they entered using a K-1? Has nothing to do with employment authorization. Shows their 90 day legal status in the US.

http://www.visajourney.com/gallery/displayimage.php?album=5&pid=3#top_display_media

From the USCIS website:

Permission to Work After admission, your fiancé(e) may immediately apply for permission to work by filing a Form I-765, Application for Employment Authorization with the USCIS Service Center having jurisdiction over your place of residence. Any work authorization based on a nonimmigrant fiancé (e) visa would be valid for only 90 days after entry. However, your fiancé (e) would also be eligible to apply for an extended work authorization at the same time as he or she files for permanent residence. In this case, your fiancé(e) would file Form I-765 together with Form I-485 as soon as you marry.

Hello friends,

Ok I have a question if anyone knows the answer to it I will GREATLY appreciate it. When my fiance enters the United States with his k1 Visa can he start working right away? does he need a temporary work permit? Where do we go from here? I mean he can live with his brother meanwhile, but he definitely wants to start working, since my parents are acting as co-sponsors, I'm still a college student. My parents offered us to stay with them until he has a stable job, but you know how guys are, lol. he wants everything done by himself, so can he start work right away?

The K-1 visa does not authorize the beneficiary to work in the United States. The beneficiary would have to apply for AND receive permission to work in the United States. This is authorization is granted as an Employment Authorization Document (EAD). The application for authorization is accomplished by filing USCIS Form I-765.

Your Fiance can apply for the EAD [and Advance Parole] at the same time he applies for Adjustment of Status, which is done AFTER getting married. There is no cost for the USCIS Form I-765 application if done in that order. However, if he applies for the EAD before applying for the Adjustment of Status there will be a fee and the authorization will only be valid as long as the I-94 on which it would be based.

...

help me!!

problem: she ...

Help you ... what? or help you ... how?

Hello,

We applied for K1 Visa. Before this happened My OB GYN found out that I have a cyst in my 2 ovaries and paratubal cyst. The doctor didnt suggest to have it removed just yet. I want this to be removed asap and be healthy. I'll be seeing my OB GYN next week and discuss to her my options. I really want this lil monsters out of my system its kinda scary. Would it be best to get Medical Exam first and then possibly get an operation scheduled or is it best to finish the K1 first. Would this be an issue if i go to the US. Need help please.

Looking forward to your comments and suggestions.

Razel

Do you have medical insurance?

Would an operation that you elect to have that is not recommended as medically necessary be covered by your insurance?

If you don't have medical insurance AND the cysts are not a threat to your health [i did not look up any information about them], could you wait until you get to the US and be covered by your Fiancé's medical insurance?

Also can someone please tell me what an NOA is?

NOA is an abbreviation for a term that is used by this website. It stands in for Notice of Action. It is a Form I-797 issued by the United States Government and come in several diferent varieties. Click on the link to see the USCIS webpage on the Form I-797.

what my fiance did is he scanned and printed all the pages of the passport including the covers

Scanned and printed the passport including covers.

My fiancee bought a multi-function device so that we could exchange documents in a timely manner. Of course, you will still need to mail documents because originals and original signatures are sometimes required.

Hello so me and my gf are finally submitting our i-129f paperwork and i've followed the guide here which is very detailed and amazing thanks again for the help. But i was wondering if its beneficial to have an attorney help in the process. I know most of you are thinking that its a bad idea and it will cost a lot but i'm in a strange situation where my brother is an immigration attorney and has offered to help without fees. I've already sent my paperwork to his firm with a signed G-28 and they will be sending to a lockbox. Is this going to over complicate things or will it be beneficial with all the other forms/things coming down the road and any problems we may encounter?

Thanks.

-Logan

If your brother is an immigration attorney and he is willing to assist you without any fees, I don't see the harm as long as he is reliable and punctual. The only potential downside is that he would know EVERYTHING in the documents about you and your beneficiary.

Everyone,

My cousin entered the USA on a K1 visa, and now his fiancee decides to not marry him, and is causing all kinds of problems for him. He basically has been neglected from the begining of his arrival in the USA by his soon to be future in laws.

What can my cousin do to stay in the USA, and can he file a complaint against his fiancee family....

any advice will be helpful....

What complaint would he file? There is no law or rule or regulation that says the petitioner MUST marry the beneficiary. If either party does not wish to marry then that is that.

To my knowledge, there is nothing legal that the beneficiary can do to remain in the US after the end of the 90 day period IF the beneficiary has not married the original petitioner.

Hello, i have one of my friend having a big problem with immigration. he is in USA on k1 visa last year and now applying for adjustment. They both are not getting along well in usa. His wife told immigration that she did the fraud marriage for money, but actually its just an excuse for her coz she wanna kick out my friend out of usa n go back to his ex-boy friend. My friend now want to withdraw i485 and go back to his country.

He is planning to apply for student visa to newzealand or australia. is it possible for him? will newzealand or australia check his background in usa that he have fraud marriage?

thanks for u answer...

I have no idea about the immigration process for Australia or New Zealand, but if your friend does not clear up the fraud accusation then he will most likely be barred from entering the USA on any type of visa in the future.