JoelThai

1 hour ago, TBoneTX said:

A petition can sail through USCIS but be stopped dead at the visa interview at the consulate.

If the consulate returns the petition to USCIS as "refused," USCIS may reaffirm the petition or let it die.

The consulate is not supposed to refuse a visa on the basis of material that USCIS has seen.

This is why judicious front-loading of the petition is prudent, especially when COs can refuse to consider evidence that's brought to the visa interview.

In all due respect, recognizing you as a forum moderator, I hope you can clarify for me your statements.   Are you referring to front loading with evidence of having met in person during the prior 24 months of I-129f submission?   Or are you suggesting to front load with evidence of an ongoing relationship?   

If it is for the later, then why do the I-129F instructions not state anything about the desirability of including evidence of the ongoing relationship?  And why do some (maybe all?) Embassies state that the evidence of an ongoing relationship should be introduced during the interview phase?  Specifically, in my case, the Bangkok Embassy, both in their Packet 3 and Packet 4 letters to the beneficiary, state to bring the evidence of ongoing relationship to the interview.  They specifically state that is is not necessary to submit prior to the interview.

Unless your statement pertains to the evidence of meeting during the prior 24 months before submission, it seems that there is a disconnect between the instructions given to me by the USCIS and my beneficiaries Embassy.    That being said, I realize that practice does not always match official instructions, so is that what is happening?

Again, I respect your answers and help as I recognize your level of experience.  

28 minutes ago, j&ana said:

that does not prove that sending in more proof  is bad, that just prove that you should be careful of what you send. Why would you send something that could be perceive as a real wedding when you are doing a fiancée visa of course if the person at USCIS see evidence of a wedding for a k-I visa they are going to start looking more

Submitting more that what the I-129 instructions explicitly request can be good, or in the instance I mentioned, it could be bad.   It comes down to what others have said.  Quality of information should supercede quantity of information.    Choosing in favor of quantity could increase the likelihood that something can be misinterpreted and increase the amount of effort required by the adjudicator, also slowing down your approval.   This is believed to be one of the reasons some petitioners reach NOA2 more quickly than others.

I agree with the others that quality documentation that supports the candidacy of the petitioner and beneficiary for a K1 Visa and meet the requirements of the i-129f submission should not risk approval of the I-129F submission.

The petitioner I mentioned previously thought he was including evidence to support his petition and intention to get married to his beneficiary in the US.  He did not anticipate that the USCIS would consider a foreign traditional wedding as a real marriage under US law.  Now he finds himself in a situation where he has submitted too much information to qualify for a K1 visa, but does not have enough documentation for a CR1.   Basically, under US law, he is married and has told the USCIS that, but he does not have documentation to prove it, thus he is in a hole.   It appears that he will need to get a certificate documenting his marriage and reapply for a CR1.

4 minutes ago, j&ana said:

One of the reason I hear people write for not frontloading is the reason that that the person at the USCIS  has to read thru all the pages. Why do you think that?. all they have to do is see if the person qualifies. If  the person at USCIS  choose to do so They might look  at more evidence if they are not sure.

 

Submitted evidence can both qualify or disqualify an applicant.   That is a good reason why all submitted evidence is reviewed.  For example, just this week a petitioner received an RFE because he included a statement and pictures that he and his Beneficiary had a "traditional wedding" in the Beneficiaries country.   The RFE was to submit a certificate of marriage.   So, in this case, too much evidence will likely disqualify the K1 petition.

The USCIS  adjudicator will not ignore disqualifying evidence.

9 minutes ago, o0o said:

definitely hit the nail on the head here. I too did not provide proof of relationship per se, just what was required and about 10 photos showing us together for proof of meeting, along w/ passport stamps and boarding passes. Everything else was proof that we're free to marry and I'm a U.S. citizen. No RFE, interview is soon.

I looked at your timeline.   3 more days to interview...   Good luck to you!     Let us know how everything goes.    Your experience will be very helpful for those that follow in your footsteps.  

Edit:   Does Nigeria require evidence of an on going relationship be brought to the interview?

Edit 2:   It seems that they do....

Other Supporting Documents: Bring evidence of the ongoing relationship you have with the applicant, including, but not limited to:

 Photographs

 Chat logs from social media (DO NOT print them in a word document – they MUST be printed directly from the site)

 Phone records showing both phone numbers and duration of call

 Email correspondence (DO NOT print them in a word document)

https://photos.state.gov/libraries/nigeria/487468/pdfs/K1_Packet_Final-042016.pdf

5 hours ago, ThomasNC1988 said:

A lot of people seem to loose sight of the fact that the K-1 is essentially 2 parts. Part 1 which is the I-129f is purely plain and simply to establish that you have met the requirements to submit the visa application. Those requirements being that you are both free to marry, intend to marry, and have met in person in the last two years. Part two at the embassy is when they care if you have a legitimate relationship. Granted everything you submit in part 1 is carried over to part 2, but there is no evidence to suggest that submitting it early is of any benefit or consequence.

I agree with my fellow Thai petitioner here with his interpretation, especially for processing at the Bangkok Embassy in Thailand.   The instructions for the current i-129f does not specifically ask for evidence of an ongoing relationship, but it does ask for evidence that a meeting has taken place in the prior 24 months. 

Specifically, the i-129f instructions state:  

It is apparent that various Embassies have different requirements for evidence of ongoing relationship and have differing concerns that need to be addressed with evidence.   I believe that there is no generic answer to how to best assemble and present your evidence of relationship.  In other words, "One Size does not Fit All".

I recommend two things that can help...

1) Review the discussions that are relevant to the Embassy that the beneficiary will be interviewed at.    Many of these discussions can be found in the Regional Discussion forums here on Visa Journey.  Look for the Sub Forum which best matches the Embassy that will review your K1 Visa Application.

2) Look for others who have recently completed their interviews at the Embassy that will review your K1 Visa and reach out to them via the Private Message feature.   I have found that those I reached out to were willing to answer questions and provided me with very useful information specific to my Embassy.   I used the Visa Journey Visa Timeline tool to locate these members.

http://www.visajourney.com/timeline/k1list.php

It does sound like the OP has received excellent advice from fellow members that have interviewed at their Embassy.

It is apparent that various Embassies have different requirements for evidence of ongoing relationship and have differing concerns that need to be addressed with evidence.   I believe that there is no generic answer to how to best assemble and present your evidence of relationship.  In other words, "One Size does not Fit All".

I recommend two things that can help...

1) Review the discussions that are relevant to the Embassy that the beneficiary will be interviewed at.    Many of these discussions can be found in the Regional Discussion forums here on Visa Journey.  Look for the Sub Forum which best matches the Embassy that will review your K1 Visa Application.

2) Look for others who have recently completed their interviews at the Embassy that will review your K1 Visa and reach out to them via the Private Message feature.   I have found that those I reached out to were willing to answer questions and provided me with very useful information specific to my Embassy.   I used the Visa Journey Visa Timeline tool to locate these members.

http://www.visajourney.com/timeline/k1list.php

It does sound like the OP has received excellent advice from fellow members that have interviewed at their Embassy.

16 minutes ago, Naes said:

I do...........so it would be great if they really don't do the seminar!

 

I'm okay if people don't like me, I'm ok and open for discussion or no discussion at all, I'm ok to disagreeing with me. Now that's freedom!

 

I'm really not ok with people calling me names, or accusing me of things when they don't even know me, or can't even read a post and understand in the language that suppose to be their own language....

 

this august filers topic created the first time I want this process to be done!

 

 I really think they should take it to court in Philippines and not do cfo and not enter US...

@Naes ,  I am certain that the US will be a better place with you here.   Unfortunately, there are folks here in the US that think it is ok to call people names and say stupid things.   Heck, just look at our POTUS, today he called the US Attorney General "Mr. Magoo".    To survive here in the US, my advice is to ignore the ignorant.

I have lived in California my entire life and know you will fit right in!

17 minutes ago, Naes said:

I'm ok with anyone hating me...

Oh my.....     Don't you feel sorry for his fiancee?    I almost wish there was a way to reach out to his fiancee and ask if she understands what she is getting herself into?  

This is the first case where I hope she is in it for the green card and then plans to run away.  

2 hours ago, Linkie said:

"Make TWO copies of the entire package before you send it in. This includes the money orders too. You want to have a perfect replica of the package you are sending in. All Forms that you submit..."

Making copies is a good idea, but if you didn't,  everything will still be ok.   

I would consider anything suggested here on Visa Journey (but not spelled out explicitly in the USCIS I-129F instructions) to be helpful suggestions, but not actual requirements.   In may cases, the Visa Journey recommendations may help in clarifying the USCIS instructions , or simply help you prepare to address issues further in the process.   For example, if you made a copy of your I-129f and you later receive an RFE, referring to your copy may help you in understanding to quickly address your RFE.   Sending a copy of the I-129f to the beneficiary has also be suggested so that they can review the document to prepare for possible questions they may receive during the Embassy interview.

Under normal circumstances, once the initial I-129f is sent to the USCIS, neither the petitioner or beneficiary will be asked to resubmit a copy of your I-129f to the USCIS , NVC or Embassy.  And, since the information provided on the I-129f is strictly factual, it should be easily recreated if necessary.

6 minutes ago, PJN&MMR said:

"Facts Don't Matter Because not all facts are equal" - Scott Adams

Exactly.   Nearly every one of our cases is at least slightly different.   Some are more complicated and require more checks.  Others are simple and can be completed more quickly.

Prior Divorce Decrees, prior Arrest Records, prior K1 submissions, dependent children, and prior entries into the US are just a few of the factors that the I-129F questions the petitioner about and likely factor in the amount of time and effort required to determine if approval will be granted.  For a couple with clean police records, no prior marriages, and no children I would assume they are going to move more quickly.   Additionally, the quality of the information included with the I-129F submission will impact the amount of time and effort required by the adjudicator.  I have read about cases were required documents were incomplete or missing, or claims of 200 pages of documentation were submitted.  Every page of documentation and every photo included needs to be examined.   Additionally,  some beneficiaries are from countries with higher rates of Visa abuse.  As a necessity, they will likely be scrutinized more closely.

So, approving a K1 petition is not like purchasing a movie ticket.   Every case is different and some are much more complicated.    Think of it as a car race.   Some cars are going to move more quickly and cross the finish line first.   Someone is going to be in the slowest car and come in last.   It is just the way it works.

Here is to wishing everyone still waiting that you are in a fast car!  

9 minutes ago, Naes said:

Wow and they are still asking???? 

 

It started to sound like "well you waited long enough, here is some action"

I think they quickly threw together a random RFE to keep @John & Rose from calling them everyday.   

Hopefully they will process the return document quickly and move him to NVC" and make him their problem.   

1 hour ago, JoelThai said:

The USCIS will likey consider you to be married if the social customs of your beneficiaries country consider you to be married.

@Afrobeat  This may also pertain to your question about how the USCIS will interpret the "Traditional Marriage".  The USCIS documents, in part, the following with respect to what they consider to be a legal marriage:

"In general, the legal validity of a marriage is determined by the law of the place where the marriage was celebrated (“place-of-celebration rule”). Under this rule, a marriage is valid for immigration purposes in cases where the marriage is valid under the law of the jurisdiction in which it is performed."

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter2.html

If a "Traditional Marriage" is not considered to be a valid marriage in your beneficiaries home country, then you will need to explain that in response to your RFE. 

1 hour ago, Afrobeat said:

Hello, 

 

Thank you very for your response. You described exactly what happened in Congo. So I did both the introduction and the traditional marriage. What do you think I should do ?? 

There was a similar situation discussed recently in the July 2017 K1 thread.   It seems that the problem is that you have given reason for USCIS to suspect that you are already married, and the K1 requires that both the petitioner and beneficiary be unmarried.   The USCIS will likey consider you to be married if the social customs of your beneficiaries country consider you to be married.

In the case discussed in the July thread, the petitioner contacted the USCIS and was advised to convert the K1 to a K3.  I do not have the specifics, but thought I would alert you to the other thread in the chance that it may help you.   Look for the posting from "Karimbafi" and the follow-up discussions on the pages following;

http://www.visajourney.com/forums/topic/639840-july-2017-i-129f-filers/?page=394

I wish you the best of luck! 

3 hours ago, Kay&Ray said:

Hi everyone!

 

I am having the hardest time trying to fill out the DS 160! I tried changing browsers, computers, activating Javascript, enabling TLS etc etc but I keep getting an error. Does anyone have any suggestions? 

Have you tried using a network connection from a different location, such as a friends house, office, or internet cafe?   It is possible that the network you are utilizing is configured to block a port required to make the connection necessary to complete the DS 160.

28 minutes ago, JoelThai said:

The short answer is yes if you follow instructions, unless you are retired, self employed, or unemployed, 

To clarify, yes you should include a statement from your employer if you follow the instructions for form I-134 and are not retired, self employed, or unemployed.   I am not sure what would happen if you did not, but I have learned that results are generally more predictable when instructions are followed.  

3 hours ago, Wibblet said:

I'm still confused about one thing I'm hoping you guys can help me out on. For the interview can my fiancée show my tax documents as proof I can support her or do I really have to send her bank statements and a statement from my employer? The bank statements I can do and send her pay stubs but asking my employer for a verification letter is embarassing to me, I don't know why haha.

The short answer is yes if you follow instructions, unless you are retired, self employed, or unemployed,  Further details are discussed below.

You will need to send a signed copy of Form I-134 with appropriate supporting documentation to your beneficiary.   She will then include it with the Packet 3 documentation which she will mail to the Embassy in Bangkok.   

For Thailand, the packet 3 instructions state the following:

"EVIDENCE OF FINANCIAL SUPPORT: The petitioner must present evidence that neither the applicant nor any dependent children (if applicable) will become a public charge in the United States. A Form I-134, Affidavit of Support signed by the petitioner must be submitted with a copy of the petitioner’s most recent year tax return (Form 1040). An IRS tax transcript may be submitted in lieu of the tax return and is available online at http://www.irs.gov/Individuals/GetTranscript. The petitioner’s income must meet the Poverty Guidelines."

https://th.usembassy.gov/wp-content/uploads/sites/90/2017/03/k-packet-3-instruction-mar2017-english.pdf

You will need to complete form I-134 and include the most recent year tax return.   You will need to show that your income meets 125% of the Poverty Guidelines, or have liquid assets that are equal to 5x the Poverty Guidelines, or some combination of the two.  The instructions for the I-134 state:

6 minutes ago, N. Phillips said:

Yeah I guess I am just confused... because I work at a law firm and I don't necessarily work with immigration, but I have attorneys here who have some experience with immigration and they said the i-134f and all supporting documents for that are not needed until the "adjustment to status/green card" interview...they said it's not necessary at the interview he has with the embassy to receive the visa to marry me. But I don't want to take their word for it.

 

Also I make $30,000 a year as the petitioner (0 dependents - it would just be me and my fiance) - do I still need a sponsor?

 

***Sorry I said i-129F in an earlier post, I meant i-134f

Some (maybe all) embassies require the beneficiary to submit an I-134f that has been filled out by the petitioner.  You will need to locate the specific instructions for the embassy that will issue the visa for your case for specific instructions.   Note that instructions are not the same for all embassies.  For example, the Bangkok Embassy documents the following regarding the I-134f:

"EVIDENCE OF FINANCIAL SUPPORT: The petitioner must present evidence that neither the applicant nor any dependent children (if applicable) will become a public charge in the United States. A Form I-134, Affidavit of Support signed by the petitioner must be submitted with a copy of the petitioner’s most recent year tax return (Form 1040). An IRS tax transcript may be submitted in lieu of the tax return and is available online at http://www.irs.gov/Individuals/GetTranscript. The petitioner’s income must meet the Poverty Guidelines."

https://th.usembassy.gov/wp-content/uploads/sites/90/2017/03/k-packet-3-instruction-mar2017-english.pdf

2 minutes ago, Naes said:

as @JoelThai said this administration is sending more rfes (it is confirmed by the data too) 

and yes they send two rfes too. But I don't think they give anyone a 3rd chance...

 

I did see denied after rfe too.

If the RFEs being issued by the USCIS are legitimate, it is good to know that the USCIS is ensuring that everything is as it should be.  There are petitioners and beneficiaries out there who are attempting to abuse the immigration system, so closer scrutiny is an unfortunate result.  But if RFE's are being sent out asking for 40 blank pages of a passport or the blank backside of a birth certificate, then I feel they are wasting time and resources.   

And, as others have said, an RFE in most cases is easily and quickly addressed and does provide the petitioner with feedback from the USCIS that the process is working.

12 minutes ago, SilverMonk said:

Wow, I thought that RFE were rare. But I see that they're becoming more and more frequent.

It appears that the increase in the number of RFE requests is hitting other Visa types as well.   The San Jose Mercury News yesterday reported that H1B Visa applicants have seen a 45% increase in the number of RFEs issued.

H-1B visas: How the Trump administration is ‘freaking people out’

"From January to August 2017, the U.S. Citizenship and Immigration Services sent 85,265 requests for evidence in response to H-1B visa applications, a 45 percent increase compared to the same period a year earlier, agency data show."

https://www.mercurynews.com/2018/02/20/h-1b-visas-how-the-trump-administration-is-freaking-people-out/

30 minutes ago, JSCGPV said:

 Midday Scan 2/20/2018  12:30 p.m. USCIS time.

7/05/2017  2/20/2018    Your Current Status: Response To USCIS' Request For Evidence Was Received
7/07/2017  2/20/2018    Your Current Status: Request for Additional Evidence Was Mailed
7/21/2017  2/20/2018    Your Current Status: Request for Additional Evidence Was Mailed
7/24/2017  2/20/2018    Your Current Status: Decision Notice Mailed
7/24/2017  2/20/2018    Your Current Status: Response To USCIS' Request For Evidence Was Received
7/28/2017  2/20/2018    Your Current Status: Request for Additional Evidence Was Mailed
7/28/2017  2/20/2018    Your Current Status: Request for Additional Evidence Was Mailed
7/28/2017  2/20/2018    Your Current Status: Request for Additional Evidence Was Mailed
7/28/2017  2/20/2018    Your Current Status: Request for Additional Evidence Was Mailed
7/28/2017  2/20/2018    Your Current Status: Request for Additional Evidence Was Mailed
7/31/2017  2/20/2018    Your Current Status: Request for Additional Evidence Was Mailed

 

 

It appears that the increase in the number of RFE requests is hitting other Visa types as well.   The San Jose Mercury News today reported that H1B Visa applicants have seen a 45% increase in the number of RFEs issued.

H-1B visas: How the Trump administration is ‘freaking people out’

"From January to August 2017, the U.S. Citizenship and Immigration Services sent 85,265 requests for evidence in response to H-1B visa applications, a 45 percent increase compared to the same period a year earlier, agency data show."

https://www.mercurynews.com/2018/02/20/h-1b-visas-how-the-trump-administration-is-freaking-people-out/

20 hours ago, Eduardo Valverde said:

Congratulations!!

I have not send my I-129F because I have some questions about how to send the petition.

1. Can I send it on a binder?

2. Using plastic protectors?

3. Use a yellow highlighter to underline important words?

4. Tabs on the top or side of the paper?

5. Can I Copy original pictures?

6. Write date, people, place by hand next to each picture?

 

Hope you can help me. I'm just starting to navigate on this site. I anxiuos to send the petition!

 

I know is not an official reply but I did not know where to ask my question!!!

 

Thank you so much and God bless you. 

Here is a link to the USCIS Form Filing Tips:

https://www.uscis.gov/forms-filing-tips

It sounds like there is some flexibility in what they will accept.  Personally, I followed their advice in using a Two Hole Punch with ACCO fastener and Sticky Tabs at the bottom of pages where I thought was appropriate.  (Between major sections, ie i-129f form, Evidence of Citizenship, Evidence of Meeting, etc).    I received my NOA1 in December, but it will be many more months until Approval or I receive any RFEs.  

Specific to your questions, their tips suggest the following.   

In preparing your packet, remember:

• Do not use binders or folders that we cannot easily disassemble.
• Use fasteners to hold together thick or bulky applications or petitions. Two-hole punching the top of the material for easy placement in the file is appreciated.
• Sticky tabs assist in locating items listed as attachments. For easy filing, place the tabs on the bottom of the page, not the side.
• Do not use heavy-duty staples; instead use fasteners or heavy clips.
• Do not submit originals unless specifically required. 
• Do not submit oversized documentation unless it is necessary.

9 minutes ago, Naes said:

about that processing times though: The last time the table updated was December 26. The data is "as of" October 31. They use old data of about 2 months ago this is nothing new.

 

Ok, I am new here (January 2018 filer), so thanks for the clarification.

The wikipedia article referenced this reporting from The Hill that is a bit interesting and may shed some light on the agenda of the new director.

http://thehill.com/blogs/floor-action/senate/354051-senate-votes-to-confirm-key-trump-immigration-official

What has changed in the last few months that may be affecting procedures and communication at the USCIS?   For example, I notice the last time the processing time table was updated on the USCIS website was October 31st.

Well, a new director of USCIS was appointed on October 5th.   You can read more here about who he is here: 

https://en.wikipedia.org/wiki/Lee_Cissna