nakm

6 hours ago, Palawan said:

Any net income your rental property makes is taxable as ordinary income on your tax returns.  No need to get appraisals unless you are going to use assets on I -134, or if that is possible at the interview.

 

You just put down on your returns what you income was, no different basically than someone getting paid cash and putting that down on their tax returns.

 

Good Luck. 

So you’re saying I shouldn’t use BOTH assets AND income?… like I should just avoid listing assets if my income is substantial?… or does it matter?… sorry, I don’t even really knows how that process works haha 😆 

thanks for all the details

11 hours ago, CaLi90 said:

I can’t comment on the exact consulate, but on the I-134, it gets you to list assets worth, as well as income.
 

On your taxes, do you claim to be a self employed landlord or do you write it as passive income in the rental income part? I would think rental income should be treated as normal income if this is your main job, especially if you have a long history of consistent payments and back it up with evidence like bank statements, rental agreements, letter from the bank etc. 
 

Also when filling out total US assets (property and cash in the bank), this should be taken into account. Provide official valuations for your properties, ownership proof and again bank statements proving cash assets.

 

I would think this would suffice, but hope you get more relevant answers to your particular consulate, as I know London are more lenient than some. 
 

Good luck with your journey!

Thanks! This puts my mind at ease. I will DEFINITELY get recent appraisals of all 3 properties completed  before the interview:)

6 hours ago, Chancy said:

*** Moved from K1 Progress Reports to K1 Process & Procedures ***

 

 

Which consulate?  Certain consulates are known to be more laid-back than others with regard to the I-134 for K1.

 

Bangkok, Thailand 

Looking down the road a bit here…. When I’m finally asked to produce my tax returns showing income, will my rental income be considered just as legitimate as income from a normal “job”?… I own 3 houses in the USA and all 3 are owned in full (no mortgage payments). I earn well above the minimum required by USCIS. (Even after deductions etc, I’m still well above the min.).

Does anyone know if the interviewers look differently at this kind of income? Should I be worried? (FYI: I can prove ownership of all 3 properties, and can show years of bank statements showing rental income deposits).

57 minutes ago, powerpuff said:

Biometric appointments don’t apply for K1 applicants. They do their biometrics at the consulate on the day of the interview. Next notice is either RFE or approved 

Thanks so much!… and I guess RFE can come at any time?.. or is there typically a timeline for that? 

Newbie question here!… 

We received our notice of receipt (form I-797C) on March 9, 2022 (actually that’s the “notice date” printed on the document (can’t remember the actual date we received it, but was around that date). Was wondering what the timeline is for receiving the next document or notification? The I-797C  receipt says they might ask for “biometrics” at some point….

thanks in advance for any info on this :)

2 hours ago, ROK2USA said:

The DS160 asks if you are traveling with anyone. 

From your previous posts it looks like you are currently living in Thailand with her? So, she would have to mention you by name. 

As you have already filed the K1- she will also have to document that in her DS160- the form asks if someone has filed an immigrant petition for you with USCIS.

She needs to be honest about her reason for traveling but also she will be asked about you as you will be mentioned in her paperwork.

 

Your partner needs to show strong ties to Thailand. Using you as her "strong tie" doesn't really work as you're both planning on moving to the US together. 

Does she have a job in Thailand? Does she have a home? 

 

Also, when did you file the K1? It would be great if you created a timeline. 

 

 

 

We filed K1 about 2 months ago. She has a steady job and can show steady income in a bank statement. She’s also travelled to at least 4 other countries (Turkey, Georgia, Taiwan and Vietnam). We don’t own a home, but she does have her name on a lease for a condo.

My gut (based on anecdotal stories from other Thais) tells me this still isn’t enough to get a tourist visa.

1 hour ago, Kittinpaw said:

Most of time, if not every time, they will ask if you have friends/family in USA, and that’s when you have to be honest and say that your fiance is from USA~. I was rejected b tourist visa when i was dating my boyfriend, before we got engaged. And yes it’s in DS160.. I remember putting my boyfriend’s name in application and chosing relationship with him (i put friend because there was no boyfriend option, but i am pretty sure there is fiancé option). Even if visa is not approved (and if you answer all questions truthfully), rejection does not impact k1 visa. 

Thanks a lot for your advice!… I guess at this point I’m wondering if it’s even worth the time and effort. I wonder what factors influence the decision to reject or accept in the case of a person who has already filed K1.

2 hours ago, ROK2USA said:

It won't impact your K1 visa process at all if rejected. 

But, you have to disclose the rejection on the DS160 I believe. 

25 minutes ago, Jorgedig said:

And it was prior to filing the K-1.  We were long distance for a couple years before I filed the petition.

 

Would not risk it from a VWP country now, but from Thailand, nothing to lose.

Wow this is very encouraging - thank you. One final question, and this is a tricky one: 
 

If the interviewer does NOT mention or ask about my fiancé’s relationship (I.e. “do you have a foreign boyfriend etc”) and my fiancé merely answers the interviewers questions literally (I.e. “ what is your purpose in going to America” answer: “vacation/tourism”… which literally is true: she just wants to travel there to see tourist sites etc), will she be penalized later if it comes out that she had a K1 on file and didn’t disclose that fact? .. that is, are you REQUIRED to disclose that you are seeking a K1 visa when you do the tourist visa interview. 

I only ask this because I’ve seen a lot of conflicting info about this topic. 
 

thanks for your time

11 hours ago, ROK2USA said:

K1 is already on file or K1 is pending and you want to apply for B1/B2?

There is always the chance the tourist visa is approved (a South African secured his B2 with a CR1 pending) but it all depends on the evidence and interview. 

 

Prepare for the worst. Hope for the best. 

We just filed K1 about 2 months ago. Just wondering if applying for the tourist visa is risky if we are rejected.. that is, does it have an effect on the K1 process if the tourist visa is rejected? Thanks 🙏 

As it currently looks like the wait in Bangkok for a tourist visa interview is about 6 months faster than the K1 visa interview, I’m thinking about having my fiancé apply for the tourist visa so we can take a short trip to visit my family (I have lots of free airline miles that will expire next year)… has anyone here had any success getting a tourist visa for their fiancé while waiting for a K1 visa interview? Any thoughts would be appreciated.

20 hours ago, pushbrk said:

I wouldn't call Thailand a red flag country but they do tend to scrutinize K1 more than CR1.  One of the few that way.

 

Being a "landlord" means you are self employed.  Most landlords (at least on their tax returns) operate at a loss due to the favorable expense and depreciation deductions available.  Note that the "total income" line on your latest tax return is your "current income" you are using to qualify.  Check those numbers for the past three years.  You won't need to do an affidavit of support until you've probably filed your 2022 return in 2023 but you'll be giving that total income number for three years in a row.  If you "income" is not sufficient, you'll need to document your assets with appraisals and mortgage statements, (or use liquid assets) or get a qualified joint sponsor.

 

So, get married and file.  If it looks like things are moving too fast, you can always delay at the NVC stage, but you cannot speed things up any other way that to marry and file as soon as possible.

Wow this is great advice - thank you so much! :)… last question: do my 3 rentals (I own them outright  - no mortgage payments) satisfy the showing of intention to live in the US?.. or are there other items that will be used to satisfy this when the time comes to prove it?… I have always received mail (taxes, bills, bank statements ) at my parents’ house for several years now even though I spend 9 months per year in Thailand on a work visa.

5 hours ago, pushbrk said:

Yes, and the OP is not a statistic.  They are two people in an actual relationship.  The relationship (and sometimes the country of origin) are what determines approval or denial of petitions and visa.  For example there ARE countries where K1 is a bad idea overall and worse depending on the circumstances.  OP has not (to this point in the thread) mentioned their country of origin or other pertinent circumstances that could be red flags.

 

Either way though, CR1 fits their priorities better, BUT this wouldn't even be a question if they were already married.  That means they are NOT.  Meaning they must add to any comparative timelines the time between NOW and when they could marry.

Just some pertinent info on my situation: My fiancé is from Thailand. We both currently live in Thailand. I own 3 houses in the USA which I rent out for income. I currently get mail sent to my parents’ house (not sure If that is enough to qualify as a “domicile”). I’ve heard that Thailand is somewhat of a “red flag” country in the eyes of immigration. So that’s the main reason I don’t even want to risk the K1 visa process… we can easily get married here in Thailand (takes about 3 days total), so I think that’s the better option for me at this point. 
thanks for all your advice - I really appreciate it

1 hour ago, Mike E said:

Assuming your fiancé is Thai it is cumbersome to get married ib Thailand under a Thai law. Utah law is among the easiest in the world to get married under. And Utah marriage licenses are all digital now.  Someday anyone who gets married anyway but the Utah way will be as curious as anyone who had a land line, or had cable TV.  
 

One shouldn’t have to leave one’s home to get married.  

I wouldn’t be leaving my home. I live here in Thailand currently. And I’m not sure where you heard about Thai marriage being cumbersome. US citizens get married here all the time - it’s quite easy actually. … (i speak and read and write Thai fluently btw).

thanks for your input. I was worried about having to leave my fiancé if we filed the I-130.  But as someone else posted, that’s not necessary. The CR1 def sounds better than the K1 in my opinion. 

3 minutes ago, carmel34 said:

I have not seen good data to definitively answer this question.  Likelihood of denial for a K-1 depends on the circumstances of the relationship, country of origin, etc.  For a high-fraud country, or if there are other red flags in the relationship, it can be a more likely path to success if you get married and file an I-130 for a CR-1/IR-1.  We often see cases where the couple satisfied the minimum requirement to meet at least once in the two years prior to filing the I-129F for a fiancé visa, but the K-1 is denied and then they have to start all over by getting married and filing for a spousal visa.  An additional advantage of a spousal visa over fiancé is that a denial can be appealed.  Good luck whichever way you decide to go!

Yes this is what I was afraid of. Thanks for your advice. I’ll probably change to CR1

18 minutes ago, Mike E said:

I think your first priority should the over all wait for a 10 year green card.  People who become LPRs through marriage of under 2 years to a petitioner get conditional green cards and conditional LPR status. People married for 2 or more years get 10 year green cards.  
 

So get married now using the Utah remote  presence marriage ceremony, and then file I-130/I-130A the next time you meet. Then time NVC upload / DS-260 so that they are 18 months after you got married and then don’t enter the USA until the 2 year wedding anniversary 

I’m living in Thailand with my fiancé. I own 3 houses (that I rent out for income) in the USA. We can get married here in Thailand and file the I-130 right away. But then do I have to go live in the USA apart from my fiancé for an extended amount of time?.. (I currently get mail sent to my parents’ house . Is this enough to prove “domicile”?)

37 minutes ago, Crazy Cat said:

A CR-1 is currently the faster route to a Green Card.  It is also the faster route to ability to travel, ability to work, and ability to apply for citizenship.  

(To be clear, travel with AP is not limited to a few weeks, and the rejection rate is not a factor, imo)

Thanks so much for your info! This is a HUGE help to me… but Just to be clear: you think the rejection rate for the K1 visa interview is not any worse than the CR1 rejection rate?

(I’m asking because overall I think I should change from K1 to CR1 … we only filed K1 a month ago so wouldn’t really be wasting that much time.)

I’ve seen people say they have waited over 2 years (sometimes 3) for a green card on a K1 visa. Therefore I’m contemplating going the CR1 visa route … our first priority isn’t the wait to enter the US,  but rather the overall wait for the green card (in order to travel internationally, we don’t wanna be stuck in the US for 2+ years.. even w “advance parole” travel is usually limited to a few weeks to escape any potential hassles). Anyone have a strong opinion about this? (Also I’ve heard the potential for rejection for the K1 is higher than the CR1. True?)

I am resubmitting my I-129F because I had used an outdated form. My additional documents (i.e. passport copy, intent to marry, photos) have the original date that I submitted them. Should I write something like “resubmission 02/12/2022” next to the original date and signature just for clarification? … (my new I-129F will have this new submission date, but the “additional documents” have the original submission date [12/20/2021]  next to my signature).

Thanks for all the help!

Thanks for the advice! I figured since they sent it back, I could probably use it again. (Otherwise they woulda kept it).

just wanted to be sure - thanks!

My I-129f application was rejected because I used an outdated form. My money order was returned to me with a stamp on it from immigration. Does this mean I can resubmit my new forms with this same money order? 

thanks for all the help

8 minutes ago, Jorgedig said:

What country is your fiance from?

8 minutes ago, Jorgedig said:

What country is your fiance from?

Thailand . 

4 minutes ago, Jorgedig said:

Overkill would be vast pages of chat logs and photos and other stuff that is not required or requested for the petition.  No USCIS worker has time to wade through someone's "love story" novella.  The more fluff included, the longer it takes to adjudicate.

I currently have 3 pages of xeroxed color photos shoring dates and locations and family members names. I also have a letter from my reverend explaining his plan to marry us, and 1 page of receipts and 1page of boarding passes. Also have 3 pages of passport pages showing entry stamps into my fiancé’s country. For a total of 9 pages. (This is not including the “intent to marry” document from myself and fiancé (2 pages).

is this overboard ?… if it is I’d like to know so I can change it. Thanks for your help!

17 hours ago, MarJhi said:

You cannot speed up the process, but you do have the ability to make the road a little smoother by not making mistakes when you sent off your application.

 

I hired a lawyer for one reason and one reason only, to make sure I had all of our i's dotted and t's crossed BEFORE that application was sent off, I didn't want any mistakes or RFE's delaying the process. I found an attorney who has plenty of experience dealing with the specifics of immigration from the Philippines, he happens to be a Filipino who has gotten many of his own family members to the US. I am in Arizona, most of the attorneys here are dealing specifically with immigrants from Mexico/Central America. He was able to direct my fiance  exactly where to go and what to do to get all of the documentation needed and in less than a week our packet was sent off. It turns out the packet I was trying to prepare on my own was overkill. Many say don't hire an attorney, but I feel good about my choice because I am sure what I attempted to prepare on my own was lacking in some areas and overkill in others. It wasn't cheap but I do have confidence that I have avoided mistakes that could delay the process.

Can you be specific about how your packet was “overkill”?.. because I’m worried that I’m doing too much , or perhaps maybe too little by another’s standard. Thanks for your help