studioguitarist

Thank you very much.

It was only recently I learned that some non-residents working in the USA must file a 1040NR form and pay taxes to their country of tax residence (the case I heard about was someone from China). I am wondering if this will apply in our case. After my fiancee (from Malaysia) arrives here, we marry and apply for Adjustment of Status (green card) and receive permission for her to work, will she still need to file a 1040NR and pay taxes to Malaysia since that is her country of citizenship? She will of course be living here in the US and married to a US citizen (me).

I've been digging and digging trying to find the answer, with no luck.

~Thanks

We have a similar situation. My fiancee had to return to Malaysia before we were able to marry because her brother developed cancer for the third time and the family always has depended on her to be the "go to" person for planning and decision making in this sort of thing. After treatment, he went into remission and we had to reapply with a new I-129F. I gave a detailed explanation along with copies of medical records as proof of the reason for the return and, happily, the remission of her brother's cancer. They approved the I-129 after a couple of months (as opposed to the usual long approval wait time). The wait for her interview has been the same as for the first K1 visa -- about five months. Her interview is in a couple of weeks.

If you do go the route of applying for a second I-129, I suggest (only based on my own experience...as I am no expert), that you provide good documentation in the form of medical records along with a clear explanation of what happened. There is some sort of limitation on requesting a K1 visa within two years of your last one, but that might only be if you are requesting one for a different person. I say "might" because I'm not sure. I wrote my letter explaining the circumstances in the form of a WAIVER REQUEST just because I wasn't sure and I wanted to cover all the bases. I said "form of WAIVER REQUEST" but it was not a form...it was just a letter I wrote explaining everything. I also included copies of her K1 visa with entry stamp, her Alien number, photos and other evidence of us while she was here in the USA.

Good luck!

I wanted to update the forum on our process of applying for our second K1 visa (see earlier in thread regarding family medical emergency resulting in not being able to marry within 90 days and get advance parole for my fiancee to return home temporarily). I wish I could update my timeline, but since we are starting over, I wasn't sure how to do that. I suppose I could just start a new timeline for a second K1, but that might confuse folks. Nevertheless, we were shocked and surprised that the California Service Center (CSC) approved our second I-129f application approximately six weeks after the lockbox receipt number was issued. We were both expecting another long wait for I-129f approval since we were basically starting over. I suppose the extenuating circumstances of having had a K1 visa and then making the decision to lose it so she could return home to help arrange things (critical medical situation with brother and mother), and our thorough documentation of the medical situations resulted in the CSC giving quick approval, for which we are very grateful. The paperwork is on its way to the embassy in KL now, so I expect we will have the second K1 within a few weeks.

It was about nine months to get the first K1, and we were willing to wait another nine if that was what it would take to get another. I'm glad things are moving quickly the second time around, and it was certainly worth going through this again so that she could take care of her critical family needs.

My fiancee had her birth certificate translated by a certified interpreter/translator in the magistrate's court ih Sungai Petani. I think it cost about RM12.

Thank you.

My fiancee was in the USA on a K1 visa and had to leave prior to our marriage due to urgent medical needs of her family back home in Malaysia. It was a miserably hard decision, but we had to make it. I contacted the Embassy in Malaysia, and they said (as I expected they would) that we need to file a new I-129 petition. In reading the instructions for the I-129, on page 2 of the instructions, item number 2 (What Filing Limitations Does IMBRA Place on K-1 Nonimmigrant Petitioners?), item b speaks of previously having a K-1 petition approved and less than 2 years has passed since the filing date of such previously approved petition. That's us. We were approved, she had to go back, now we need to try for another. What exactly is this "waiver" they are speaking of? Is this something where I have to ask them to please allow me to file for another visa for the same fiancee, or otherwise they will say no? I was of course planning to attach a letter explaining what happened and include medical documentation to show why she had to leave.

I'm hoping to hear back from some senior level members who know exactly what this is.

Thanks

What is the best way to contact the USCIS to tell them of the circumstances? Should I use the email address I have for the US Embassy in Malaysia? Or is there a phone number or some other email address I should contact?

My fiancee was here on her K1 visa but sadly, she had to return to Malaysia before we could get married for some critical medical family issues that required her immediate attention. She had to leave without getting AP (advanced parole) that would allow her return. I suppose our only option now is to completely start the K1 visa process all over again with a new I-129. At least that's the way I read it.

I know that a while back when Obama visited Malaysia, there was talk of dropping the requirement for Malaysia citizens to get a travel visa to enter the USA. I have not heard much on that lately and was wondering if anyone had any news on the topic. I think they were estimating about 18 months until the policy might kick in. Also, I am wondering if the visa requirements are lifted and a travel visa is no longer required for Malaysian citizens, would she be able to come here to visit while we await processing of our second K1 petition?

~Thanks

I went with my fiancee in KL Malaysia to her interview and I believe it was beneficial even though our proof of relationship was quite good. For the morning time when she delivered the paperwork, I was not allowed to enter the embassy. However, when we came back for the actual interview in the afternoon, I was allowed to sit in the waiting room with her. The interview rooms are behind glass doors, along the side and back of the waiting area. When she was called into the room, I moved to a different chair so that I could see her through the glass door and so that the officer could see me. At the end, he called for me to come into the room. He was a very kind American man. He did not interview me. He explained that one of my documents was not a certified copy, so I would have to FedEx the certified copy to her, and have her reschedule for an appointment and bring the document to him before he could grant the visa. I was very glad that I was there so that I could have him explain to me exactly what I needed to do and not stress my fiancee. He also told me that our proof of a real relationship was excellent and had no doubt that we were a real couple in love...but that one document had to be "certified" because the process is (as he said) "very document driven." He also said that many of the applicants do not prepare their documents well and this results in denial of visa. Follow the great instructions you find here at Visajourney.com -- they are so helpful.

We just received our approved visa from the embassy in KL, so I can tell you our experience. When you file the I-129 application, I think all you need is the current passport. However, when the beneficiary goes to the embassy in KL for the interview, he/she will need to bring both the expired and current passport (not just a copy). They require all expired passports for the interview. Also, as part of the proof of travel to see each other and prove a real relationship that you must provide to the embassy for the interview, you can (we did) copy all the pages from the expired passport that shows the stamps of the countries you visited each other in.

Our K1 visa was approved today! I (the USA petitioner) flew to Malaysia to be with my fiancee' for our October 30 appointment. The interview went great except for one hitch...there was not an embossed stamp on the certified copy of my old divorce decree. Once I got back tot he USA, I had to FedEx another certified copy that had the stamp on it that you could feel to my fiancee'. We then emailed the embassy for a second appointment to deliver the document. She delivered it today and received approval. The people there were great -- very nice and kind. The interviewer was very nice and did his best to put my nervous fiancee' at ease. Towards the end of the interview, he invited me in and explained that our case was clearly legitimate and our evidence of relationship was outstanding. The only problem was that "the process is very document driven." Therefore, regardless of how perfect everything else was, they needed that embossed page from my old divorce decree in order to process the visa. My fiancee was heartbroken, but the kind interviewer assured her several times that the visa was approved...we just needed to add that one certified document to the packet.

She will be here mid December and we will be married before Christmas!

My fiancee filled out the form online and called the office in Putrajaya. The lady told her to mail the form along with a prepaid and pre-addressed envelope for them to put the police report in and mail back to her. A long time went by - several phone calls and finally someone told her that the reason they were doing nothing was that she did not send a payment (I don't remember the amount). They had neglected to tell her this before. So she express mailed a bank draft to them. A couple more weeks went by and still nothing. Lots of calls with the phone not being answered. Finally, she got the lady again who said they would get to it soon. At that point, my fiancee decided to drive to KL from Penang and pick it up herself. She told the lady not to mail it and she picked it up in person. So...how long will it take? Be prepared for them to not respond in a timely manner and for them to not give you entirely accurate instructions. Fill out the form online. Print it and find out exactly how much to pay them and how to pay it. Ask them about you sending a prepaid and pre addressed envelope. Ask them questions and assume they are not really interested in telling you what you really need to know unless you ask. Good luck.

My fiancee' in Malaysia just received the second letter (not sure which packet number to call this) from the embassy with the interview date (which we will reschedule to the following week so I can fly and be with her), final list of things to bring and what order to have them stacked, and the instructions for the medical exam. She will do the medical exam her tomorrow morning. Dream coming true.

I'm not an expert at all, but I will tell you what I did and why. I am the petitioner in the USA. Because the instruction packet from the embassy in Malaysia said "...An original signed notarized Affidavit of Support (Form I-134) must be provided...." I took that as exactly what It said and I filled out the I-134, signed it and had it notarized, and I sent it by FedEx along with other original documents (signed G325, tax returns, original letter from my employer, etc.) to my fiancee in Malaysia. I almost missed the "notarized" part and saw it just before I was getting ready to FedEx the documents. I would hate to have them reject or delay us on a technicality like this, so I'm trying very hard to do everything perfectly correct. It is very nerve wracking and I worry every step of the way about accidental errors.

I just got the answer by email from the embassy in Malaysia. They absolutely DO require a certified copy of BOTH the petitioner and beneficiary prior marriage certificate.

Something else to note is that although there is no place printed on the I-134 Affidavit of Support for a Notary Public to sign and seal, the instructions from the US embassy in KL say that the I-134 must be notarized. The notary I took it to completed a form to add to the two page I-134 stating the notarization with its seal.

The embassy in Malaysia sent the checklist to my fiancee' there (beneficiary). It says she needs to bring original marriage certificate and divorce decree to the interview. She has her divorce decree -- no problem, and is trying to get her hands on the original marriage certificate from her first marriage. She's having a hard time getting it, but she is trying.

Here is my question: will she (beneficiary in Malaysia) be required to give them my original marriage certificate from my first marriage, or are we misunderstanding the instructions? She does have my divorce decree which ended my first marriage. Just need to know if I have to get my hands on the marriage certificate for the first (ended) marriage for her to bring to the interview. ~Thanks

It might useful for the folks with a fiancee in Malaysia to know that we just found out there has apparently been a change in the way you obtain your police report (Certificate of Good Conduct) in Malaysia. When my fiancee checked a few months ago, she was told to go to the department (I don't recall the name of the place) in KL and she would receive it the same day. When she called today to arrange to go there on Monday, she was told that the procedure has changed in the last few weeks. Now you must go online to www.lkn.gov.my create an account and then fill out the application online. The website said it will take 1 to 3 months!!! However, the officer that she spoke with over the phone told her it typically takes from one to three weeks. After filling out the application online, she was able to download and print the Acknowledgement of Application for Certificate of Good Conduct. The document says she can go to the website and log in (using her user ID and password) to check on the progress. She will call them on Monday to see if there is any way to speed up the process because we are hoping for an interview mid-October to the first week in November (hope hope hope).

Regarding scheduling the interview, I was informed by email by the embassy in KL that they only schedule these appointments for Tuesdays and Thursdays.

To avoid delays, I would suggest that you think about applying for the police certificate further in advance once you know that the NVC in the USA has sent your packet to KL. The embassy in KL is moving quickly on our case. I know that they first received the electronic file around September 8, the hard copy on September 10, and mailed the instruction packet on the same day (September 10).

I hope this helps someone...and if anyone knows of a faster way to get the police certificate in KL, I would sure like to know.

My fiancee received the instructional letter from the embassy in Malaysia, so now we are in the process of following the instructions. I'm really hoping for an interview in October.

You guys were SO helpful!!! Thank you so much for the quick and accurate responses.

Well...this is even more confusing now. The online form gives three choices: IV Address Registration, Immigrant Visa and Nonimmigrant Visa. Simple so far... When I select Nonimmigrant Visa I must then select a category: Business/Tourism, Study in the USA, Working in the USA, Crew (Airline, etc) or All other Visas. When I select All Other Visas, the next page wants me to choose Treaty Trader or Treaty Investor (E1 or E2 visa) or E3, NAFTA, or Victims of Human Trafficking. None of these apply. So I go back and select Business and Pleasure and get the options of B1 or B2 visitor visas for business, pleasure or medical. None of these apply.

So I went back and selected immigrant visa instead of nonimmigrant and continued...where it took me to a long list of visa types where the K! visa IS listed. So I selected it and continued. Everything was looking good until it got to the page where I had to fill in our DS-160 Confirmation Number. Well how can I do that if I am still in the process of trying to fill out the darn DS-160 form? By the way, NO WHERE does it have a selection that says D-160. So I am stuck in a catch 22 situation. I have NO idea what to do now. I cannot fill out either Immigrant or Nonimmigrant. What do I do?

My fiancee received her instruction packet from the embassy in Malaysia for our K1 fiancee visa. The instructions say she must fill out the DS-160 new (nonimmigrant visa application) at the website http://ceac.stage.gov . When we logged into the website and created her account/profile, it asks if she wants to fill out an immigrant or a non-immigrant application. Since we are trying to get a K1 fiancee visa, I thought it would be an immigrant visa -- NOT a NON-immigrant visa. I am confused because the letter says to fill out Form DS-160 online NONimmigrant Visa. Does she fill out the immigrant or the non-immigrant online? I assume we should follow what the letter says, even though it logically is wrong.

Thanks for the replies.

Another question about the I-134 Affidavit of Support. My income is well above the required amount to qualify, and I have a letter from my employer stating that I have been and am a permanent employee for 36 years. I also have a copy of my 2013 tax return and my W-2s and 1099s. Since I have the above listed documentation, do I also need to show in section 7 my bank balance with supporting documentation, an estimate of personal property, stocks and bonds, life insurance, etc.? I believe I read somewhere that as long as I show proof of employment (the letter from employer) and proof of income (tax return and check stubs), the rest of the items are not necessary. Anyone know for sure?

Thanks.