Mrsjackson

Hello, 

I'm the Canadian fiancé of a US citizen. We filed the I-129F back in September. We have a baby together so therefore not a K2 situation and I'm wondering if we should apply for a US passport for her or just file a CRBA? CRBA seems easier (maybe not?). Any information is much appreciated. 

The best advice you were given here is that you're looking for an RFE to make sense and you shouldn't. The majority of people (at least on here) choose to front load their petitions based on the experience of those who have gone before us. That's all there is to it. You can do whatever you want and please do share your experience after the fact as it's very helpful. It's hard to say what you should do. There is some sense to what you're saying (in that you shouldn't offer too much info) and there is some sense to front loading. People have vastly different outcomes depending on all sorts of things (country, embassy, which officer they get) and you just have to decide what you think makes the most sense based on your personal situation. 

Keep in mind, a K1 visa is not like crossing the border at a POE where you want to keep your answers limited and to simply 'yes' and 'no'. You're now applying for immigration status and you don't want to come off like you're withholding information. That would be the reason we choose to front load even though we're not required. Do whatcha want tho nobody really cares

10 hours ago, Zabalex said:

Hi everyone!

 

We filed our joint I-751 in November 2016, and this week we got an RFE. Which is quite surprising, since we've made sure to include as much evidence as possible.

 

A bit of background: I am a Russian citizen, my wife is an American citizen. Got married in 2013, lived in Korea in 2014 while waiting for my GC, moved to the US in 2015. Lived together with her parents until March 2016, then moved to a new place (that's the lease we sent them),

in March 2017 we moved yet again and got a new lease (this is what we are going to send them since we didn't have it before).

 

Moreover, in the RFE letter, it almost seems like they either ignored or overlooked some of the evidence. Here's what they say:

 

 

The thing is, in the copy of a lease form 2016 beside my spouse's name there is also my name under the "Use of property section", it's right there on the same page. I am considering resubmitting that and underscoring both names, just in case. Is that a good idea?

We also sent them copies of our IDs mentioning the same address where we were living in 2015. (Her parents' place)

 

Here's what we are thinking of submitting now:

 

• Copies of our joint bank statements from 2015, 2016 (unless I shouldn't submit the same year twice), 2017.
• Copies of our joint credit card records for 2016 and 2017.
• A new lease for 2017 with both our names on it.
• My wife's life insurance with me as her beneficiary.
• Plane tickets for our trip we took earlier this year.
• My mother's written statement saying that my wife and I lived together in her apartment in Russia from August 2013 to January 2014.
• My wife's former employer statement saying that we both lived in Korea in an apartment provided to us by him while my wife was an English teacher there.

 

That's all we can get at the moment. Do you think that would be enough? Do the written statements from my mother and my wife's former employer have any value here?

 

Thank you!

Resubmit the lease and this time highlight both you and your spouse's names on it. They're busy so try and make it so that they don't have to do too much searching. 

Also, make sure the letters you send (mother + employer) are notarized if possible. 

28 minutes ago, salu sou said:

We were talking from 10 months every night more then 1 hour by video calling and we fall in love like crazy so we did without wasting time so we can go through further process and get together for rest of life 

He said for now you can go i need more time on your case embassy will get in touch to you via calling

Sounds like he wanna find reason to deny me ?

I see. Well you'll have to wait and see if your petition was approved or denied. I understand your concern and it's true, the comment he made is not a good sign but you never know it could still be approved. The good news right now is that you were not denied on the spot, suggesting the CO may be considering the validity of your relationship still and might come to a favourable conclusion for you. 

If you find your petition is denied then as another user has said you will have to continue with your relationship, visit each other more and get to know each other (and each other's families if possible) better and keep strong evidence of your visits and relationship before applying again. 

The comment he made sounds as though he is curious as to why you became engaged your first time meeting. 

What matters most is were you approved or denied at your interview? 

12 minutes ago, atlus said:

Thank you for the information. My Fiance is in Thailand so it will be USA Embassy in Thailand and I have been told by 3 attorneys that i only need my current year tax return i do have pay stubs for the last few years though. I will call USCIS tomorrow and ask about 3 years of tax returns because I dont have them,  i only have 2016 but I do have W2's for 2013,2014,15 and bank statements and pay stubs but i don't have 3 years tax return. I am single and I am not rich but i have 50k in checking but i make much more per year so i hope i will be fine

It doesn't sound like you need to worry. I know nothing about Thailand's embassy so I'll refrain from saying anything definite, but you're in a position that makes you perfectly able to support a beneficiary and I'm 99.9999% sure you're just fine. 

I have not yet gotten to the AOS period so I hope another user can shed some light on that. I've never heard that you need three years worth of tax returns for that though. As far as I know you need the most recent for both. 

It's not "wrong" necessarily but rather some embassies request multiple tax returns from years prior and some only require the most recent. Depends on the country. 

It doesn't matter that you do not work a 9 - 5 most of the year. They don't care. USCIS cares that you have a legitimate position (as in you don't make money illegally - commercial pilot certainly qualifies) and that you can support your beneficiary. If you make well more then the poverty income threshold for your household number then congrats, you have no problem. No need to think about it anymore. 

Billionaires can petition, yes. USCIS will look at significant assets in lieu of income. 

4 hours ago, ChuAni said:

I would love if you re-read my comment. I never said, 'don't post'. Stay Blessed.

One of the greatest things about this site is actually the fact that users will point out any unforeseen potentially undesirable consequences when a poster shows they may have a real lack of understanding about US law and immigration. 

OP, 25000 is a standard amount provided there are NO complications during delivery. You could be looking at a monstrous bill if something goes wrong. There is no easy way into the US if that is why you and your wife are seeking to deliver there instead of your home country (not saying that's the case). 

7 hours ago, maryLu said:

My husband is sponsored as an "other worker" no degree needed, the company proved nobody wanted the job, I140 is approved and the visa is current. If the brother in law has a company and he can get a labor certification (multi step process that involves proving that there is nobody who qualifies for the job, and you do have to specify on the application for the labor certification if he is a relative or not, but that shouldn't be an issue) then with that he files an I140 once that gets approved, the visa needs to be current and he can either do AOS or consular processing. 

 

That's awesome

C/O means "care of" and it is optional. You can leave it blank. 

I'm sorry you're going through this. There is absolutely nothing shameful about leaving a situation that is harmful to you and your child. Anyone with half a brain would only admire your strength. He sounds like he may be bipolar or that he wasn't as prepared for the responsibility of having a family as he thought he was. He probably got too excited and didn't think it all through and quite frankly, he sounds quite immature. Most adults go into a marriage knowing that day to day life can be monotonous and can result in having to compromise and think of someone else's time table as well as your own (he couldn't wait to get his coffee to make you feel more comfortable with strangers? Wow. Not cool and again, extremely immature). The good news is that you are not yet married! You don't have to go through a painful divorce process and apparently you have a wonderful sister who supports you and will help you get out of this seemingly emotionally abusive situation. 

Your daughter is the most important person here and it sounds like this environment is detrimental to her. Please take that innocent child out of this situation. She doesn't deserve to live with a cold man who makes her feel unloved. Neither do you. I wish you the best! 

2 minutes ago, Abdeslam said:

yeah but there is 3 table , one for Aleska , one for Hawaii and one for puerto rico virgin island ect....  , wish one should i follow ?

He answered you. 

Your fiancé is from Texas. Therefore, you disregard the Hawaii and Alaska columns since that is not where he is petitioning from. They don't apply to you. You go by the table that covers all other states. If he is in the military then you refer to the 100% column. If he is not, then he needs to make the amount shown in the125% column. 

Having an MBA will help you find a job offer from a company that could sponsor you. However, your particular skill set would have to be exemplary. Companies by law are supposed to give preference to US citizens first, and outsource (sponsor people from other countries) only when they cannot find a US citizen qualified for the job. In other words, if you would like to live and work in the US then you must obtain an education that is highly sought after. A great example would be a doctor, as GPs are always in demand. Research H1B visa occupations and have a look at what qualifies. Keep in mind that if you find your field of study/profession does technically qualify for a US work visa, that does not mean you will get one. As I said before, preference will always be given to US citizens first and you will only obtain a visa if the company proves they cannot find a US citizen to fill the position. The first place to start after getting your MBA would be to apply with different companies in the US. If they have a need to fill a position you qualify for and cannot find a US citizen then they may sponsor you. 

49 minutes ago, Damara said:

There is only one answer. The one I gave you. I have no idea why the above user posted what they did. It was incorrect.

 

Read the guides.

 

134 for k 100%

864 for aos 125%

 

Its that simple.

What guides? I searched high and low for this info on both USCIS and here. I never make a post without looking for the answer first. Thanks for your help.

So two very different replies thus I am still just as confused, can anyone else give their input? 

1 hour ago, Damara said:

 

21 minutes ago, kris&me said:

always 125%

For both?? Really? I posted this because I saw other comments saying it differs. Okay thanks. 

Hello,

So sorry if there is already a thread on this. I-129F has been filed and now we are preparing for the interview (no NOA2 yet and probably not for a few months). I understand there are two different affidavit of support forms - one for the K1 process and one for when you are adjusting your status after entering the US on an approved K1 visa. Is it correct that for the first affidavit of support that you take to the interview the petitioner needs to meet 100% of the income poverty guidelines, and then for the second one they need to show an income above 125%? Thanks for your help. 

2 hours ago, dcpa55 said:

Does anyone here too has the same situation? Will the doctor at SLEC will need any clearance from my obgyn before I will do the xray? Or I will just sign the waiver? I wonder what are the things I need to prepare in this situation so that I wont waste time and money going back and forth. Thank you.

Why would your pregnancy cause you to be denied? People in relationships become pregnant and they understand this. 

As you already know the only concern here is the x ray part of your medical exam and they may need to speak with your OB or they may just have you wear a lead apron to block radiation reaching your reproductive organs/uterus/fetus. It will depend on what the physician decides to do when you go for your medical. 

No, I do not think they are trying to scam you in any way. I think your fiancée has a medical issue and it's good she's been made aware of it. I would strongly recommend NOT attempting to "pay them off". You are dealing with a physician who has a working relationship with the US government... It's not up to you to decide you "don't have the time". You are on USCIS's schedule and they won't move faster for you any more than they will for anyone else. We are all having to wait for our petitions to process based on their timetable.  

1 hour ago, N-o-l-a said:

 

Future employment by the intending immigrant is not likely going to cut it.

 

The reason you must claim children, even if you don't have primary custody, is that that situation could change at any time (like their other parent dying) and you have a financial obligation to them as long as you are a legal parent.  It is a pretty fair policy if you think about it.

Are you sure? I thought the affidavit of support instructions said to only list all dependents listed on the last tax return. OP - have a look at the affidavit form instructions from the USCIS website.

19 hours ago, jackyjimenez said:

I WAS SEEING 2015 AND 2016 AND SOME PEOPLE GOT THE NOA2 THE NEXT MONTH LIKE AUGUST OR SEPTEMBER, BUT THIS YEAR IS TAKING AROUND 4 OR 5 MONTHS.

I READ THAT THEY DID NOT WANT TO HAVE A LOT OF WORK FOR HOLIDAYS BUT HERE WE ARE. 

 

Another user in a different post touched on this in a way that made a lot of sense. He/she theorized that USCIS might be stretched with a huge workload and so they have to prioritize, which explains why there are periods when K1s (and other visas) are being processed really quickly and then there are times when they're taking longer. USCIS tackles certain things once they pile up a bit. Sounds like this year they might have focused on other things (keep in mind they have a lot to process not just K1 visas) which is a little unfortunate but don't worry your NOA2 will come! And probably any day now since it's already been so long so just hang in there. 

18 hours ago, geowrian said:

Please be aware that typing a post in all caps is the Internet equivalent of shouting.

 

There's an ebb and flow. The I-129F's NOA2 was taking a very short time up until Q4 2016. Then a lot of petitions came in, holidays, a fee hike in Dec. 2016 (1st in 6 years), etc. Now there's a big backlog again. A couple years before that it was taking close to a year. It constantly shifts based on petitions coming in, priorities, etc.

Internet shouting? Really? Lol. Don't take it so seriously.

Does it skyrocket like that because she has a preexisting condition? I sympathize. My fiancé is self employed and we are looking into health insurance options. There isn't really any advice to give other than you'll just have to search for the most affordable one you can find which will cover her medical costs (sorry to state the obvious). I don't know what state you're in but do some research about the different insurance companies available to you and get in touch with them, explain your wife's medical needs and what kind of coverage you need and what you don't need, and have them give you a quote that is tailored to your family's needs. That's where we're going to start. I'll sure miss my free health care. Good luck! 

Use black ink. They instruct everyone to use black ink in the K1 form instructions (please make sure you read those), so it's a safe bet they would prefer it throughout your whole application. It may be something to do with how the photocopies they make turn out. That being said, I don't know that they'd send your petition back or reject it because you went with blue ink. 

We included 7 photos taken from the beginning of our relationship until more recently. We included 17 pages of screenshots of messages from the beginning of our relationship until now. Think quality over quantity. I think other users have already made it clear 300 is excessive. Choose messages that show your genuine relationship. Not necessarily just sappy love ones but messages about your plans for the future, mundane things like your day at work and things every couple talks about day to day, etc. 

Also, boarding passes and hotel receipts are your friend. Try and have the pictures you include correspond to your trips.