Simon&Miriam

Okay we got married on the day Miriams I-94 was due to expire, of course it has now run out but the K1 Visa is good until November 6th, 2008.

We are now sending in our I-485 package to Chicago, what happens if we don't hear anything about the EAD or the process runs over the K-1 visa expiry date, do we have to file for an extention or will she be in the system already and it will superseed the visa expiry date.

Also we have to send in the I-94 original is that a problem? Thanks

NO I-864 is used for green-cards only, either for CR-1 or IR-1 visa, OR when adjusting status in the USA.

You will be filling out an I-134 for a K-Visa. And yes the I-134 needs to be notarized.

NVC should mail you a letter that they sent the case on to the consulate.

One thing about I-134, the directions included with I-134 are very old, USCIS has no reason to update them since USCIS has no application for that form.

The consulates tend to treat the I-134 like a mini-I-864 as so prefer the same financial evidence as the I-864.

In our case this what the I-134 included.

• I-134 signed and notarized.

• SIMPLE Tax transcripts from the IRS for past 3 years, (Redundant for the (1040,W2,1099) but are free from the IRS http://www.irs.gov/faqs/faq1-6.html

• Photo copy of IRS form 1040, and W2s for past 3 years (Not necessary if you provide the transcripts)

• Letter from my employer stating annual salary, job responsibility, and that is full time, on company letterhead.

• Photo copies of past month or so of pay stubs up to a few weeks before the interview.

My income was well above the povertyline so I did not include any asset data (LIKE BANK STATEMENTS or property values).

If your income exceeds 125% or (100% for military) of the povertyline when counting yourself, prospective immigrant and any dependents, then don't bother with assets (401K, Bank balance, Stocks etc..), it is just extra un-needed data to provide, the consular officer is most concerned with INCOME.

http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

Should K-1 fiancé(e) visa applicants use the I-864 or the I-134?

Since fiancé(e)s are nonimmigrant visa applicants, they should use the I-134. They will need to submit an I-864 to U.S. Citizenship and Immigration Services (USCIS) when they adjust status to conditional immigrant in the United States after they are married.

Do you have to send the I-134 in to the consulate or just make sure she has it with her with all the tax info for the interview?

Hi, Miriam received her Package today, I have a question about that, she has listed in her packet these forms that need to be filled out, one of them is something I must fill out, its this I-864, I have to get it noterized here and send it to her with my W2 and employment stuff, now does she need this ASAP to send back to them prior to the interview and then they send her a firm interview date or does she take the completed one with her when we meet in Juarez for her medical and interview on the open appointment she had stated on her letter??

Thank you both for your answers to that question, it helps a lot to be I have everything in order.

Thanks!

Hi

I just moved from Manchester, NH to Houston, TX 2 weeks ago for a new job and I have already bought a house here.

My beneficary received her package 3 today in the mail, with an Open Appointment at the Ciudad Juarez Consulate, since she already has all the information and needs to bring everything to the interview, do I need to change my address here to the Houston address? I don't want anything to be a problem during the interview or paperwork examination, if I do, what form do I need to change the address and information?

Thanks, Simon

Reguarly, it takes up to 1 month from the petition to go from USCS to NVC, so 22 days is still a normal time frame.

Do what Sal and Jay advised you to do. Your K-1 is not registered on the automated response system, that is why you need to talk to a person and ask about your petition. They will let you know if its already there and the new case number for the Embassy.

Hang in there, I know its frustrating but I'm sure you'll receive good news soon!

I have tried calling the NVC 3 times now and I emailed them, if the lines are busy they just send you back to the main menu again and advise to call after 6pm, I emailed them this morning so I will wait for a response, I agree its kind of tough to go through the application process and feel a level of excitement after getting the NOA 2, only to wait for this stage, the other thing that bothered me is that on the NOA 2 it has an application time of 3 months, I am not sure what that means? I hope its not some kind of deadline.

I have called the NVC over 10 times now and every single time I ask to speak to an operator I get the all agents are busy, you are being returned to the main menu, talk about annoying, plus I emailed them over 2 days ago and no response, I have done evetything, I don't know why I am having such trouble !!!!

Reguarly, it takes up to 1 month from the petition to go from USCS to NVC, so 22 days is still a normal time frame.

Do what Sal and Jay advised you to do. Your K-1 is not registered on the automated response system, that is why you need to talk to a person and ask about your petition. They will let you know if its already there and the new case number for the Embassy.

Hang in there, I know its frustrating but I'm sure you'll receive good news soon!

I have tried calling the NVC 3 times now and I emailed them, if the lines are busy they just send you back to the main menu again and advise to call after 6pm, I emailed them this morning so I will wait for a response, I agree its kind of tough to go through the application process and feel a level of excitement after getting the NOA 2, only to wait for this stage, the other thing that bothered me is that on the NOA 2 it has an application time of 3 months, I am not sure what that means? I hope its not some kind of deadline.

Okay so NOA-2 gets approved on March 18th, I read the letter over and over and decided to call and ask about what happens next, first person leaves me very confused, second time I call I get a good person who knows a lot more and in between all that stuff they read to you like its off some teletype machine you get somewhere.

She tells me to call 603-334-0700, so I call and punch in my Receipt number and they state they have no record of it, so how come it takes over 2 weeks to transfer from Vermont to New Hampshire??

As far as what happens after they get it, I am totally clueless and I got tired just trying to find out about the next step, I know that she will need a Medical and an Interview in some god forsaken place on the Border where drug gangs routinely slaughter people including the Police Chief who recently wandered accross the USA border and asked for Polit ical Asylum, talk about an ordeal, anybody know where I am coming from on this?

Cheers

More than likely you stand a good chance of running afoul for visa fraud in USCIS eyes.

I dont see how, she entered the USA on a valid B1/B2, we are not going to marry while she is here on that I-94, when the time comes for her interview she can return and follow the proceedure, theres nothing that says she has to stay in Mexico because the K-1 process is moving along, if the interview is beyond her 6 months then she returns regardless, its just nice thats shes here with me on the B1/B2, were not going to do anything to mess it up.

What you're doing now is fine. zqt3344's comment went with your January 20 post. See below.

Ahh okay I see that now, ohh well good to know you think all is okay, she explained everything to the CBP in secondary at ATL yesterday and he was very nice and didn't require to see any paperwork or proof.

(Simon&Miriam @ Jan 20 2008, 04:35 PM)

Miriams B1/B2 is valid for another 9 years, why dont I just cancel my K-1 application which was received last Friday by USCIS in Vermont and go the other route, that way we won't be apart and can apply for an adjustment of status once married, seems like I dropped the ball by sending her back and I feel really terrible.

More than likely you stand a good chance of running afoul for visa fraud in USCIS eyes.

I dont see how, she entered the USA on a valid B1/B2, we are not going to marry while she is here on that I-94, when the time comes for her interview she can return and follow the proceedure, theres nothing that says she has to stay in Mexico because the K-1 process is moving along, if the interview is beyond her 6 months then she returns regardless, its just nice thats shes here with me on the B1/B2, were not going to do anything to mess it up.

I agree with everyone else.

You two will make it....

I don't know if Vermont is still fast like it used to be, but if it is then you're wait won't be too long anyway.

Good luck - K1 is the way to go

Okay shes flying in on Thursday, I have typed a letter for her explaining shes visiting me with all of my contact info, since I dont have an NOA-1 yet I have told her to print out the I-129F and supporting docs plus a letter from her job stating shes off for that amount of time and a bank statement and a utility bill, not forgetting her B1/B2 Visa, I got to beleive thats all she needs, shes staying until Feb 26th, maybe they will give her a three month I-94 or better, no need to return till she gets her stuff from the Consulate right? Cheers

Shes here! and they gave her 6 months on her I-94, no need to go back anytime soon, hope she can stay until the medical and interview if it comes before the end of the 6 months.

Congrats on such great news, could you tell me the contacxt info to talk to somebody at the VSC, and that website where you found your interview info, thanks

When we submitted our I-129F, we put Guadalajara as our consulate and we experienced no problems with it. The approved petition was sent to Juarez.

We put Guadalajara too since Miriam is from Zapopan, anyways I hope they send it to that place too, looks like that namecheck thing held you up a little bit, glad to hear all all went well and I will be sure to use your advice about the consulate interview.

As soon as we recieve it I will let you all know

And thank you for the congrates! But KitKat....I'm sure you'll get yours WAY before I get mine so will you let me know when you get yours?

Hola everyone,

I just thought I would say hi, how cool all of us are petitioning for our fiances from Mexico. I just wanted to add something to this post. We have many similarities: our boyfriends/fiance's are all from Mexico, we are all in the k1 process (some a bit more ahead than others), we are all female (right? at least I think). Where are your novios from? Mine is from Jalisco!

Viva Mexico!

I know....this whole time I've been on here, I've been wanting to find others with fiance's in Meixco...This is nice My fiance is in Chilpancingo, Guerrero.

Mine is from Guadalajara, Jalisco...I am originally from Norfolk, United Kingdom but became a Citizen late last year, Miriam and I are great together and we long to get the K-1 process done so we can marry and be together all the time, right now she is visiting on a B2 visa...

I agree with everyone else.

You two will make it....

I don't know if Vermont is still fast like it used to be, but if it is then you're wait won't be too long anyway.

Good luck - K1 is the way to go

Okay shes flying in on Thursday, I have typed a letter for her explaining shes visiting me with all of my contact info, since I dont have an NOA-1 yet I have told her to print out the I-129F and supporting docs plus a letter from her job stating shes off for that amount of time and a bank statement and a utility bill, not forgetting her B1/B2 Visa, I got to beleive thats all she needs, shes staying until Feb 26th, maybe they will give her a three month I-94 or better, no need to return till she gets her stuff from the Consulate right? Cheers

Don't worry, Simon...I'm sure that going the regular K1 route was the right thing to do!

All the best to you and good luck!

Thanks for that, I will stick with the K-1 Visa, but once the Letter comes NOA come showing a number and case etc, I will scan a copy and send it to her then she will come and visit me for a while on her B2, based on my other question about visiting the USA while the K-1 process is ongoing, which everybody tells me is okay since you are being honest about your visiting intentions.

Why are you waiting for a letter? She can come anytime she wants as long as she doesn't overstay or otherwise misuse her visa.

She came over in September and stayed with me until December 28th, I sent her back because I was afraid of the adjustment of status process making her return and so I think if she comes back so soon it might raise a flag ever though she was coming and going all the time for her job, I would like her to have a copy of the letter to back up any questions that might be asked by CBP just in case as people on here have suggested.

Don't worry, Simon...I'm sure that going the regular K1 route was the right thing to do!

All the best to you and good luck!

Thanks for that, I will stick with the K-1 Visa, but once the Letter comes NOA come showing a number and case etc, I will scan a copy and send it to her then she will come and visit me for a while on her B2, based on my other question about visiting the USA while the K-1 process is ongoing, which everybody tells me is okay since you are being honest about your visiting intentions.

Miriams B1/B2 is valid for another 9 years, why dont I just cancel my K-1 application which was received last Friday by USCIS in Vermont and go the other route, that way we won't be apart and can apply for an adjustment of status once married, seems like I dropped the ball by sending her back and I feel really terrible.

What we always said was "here to visit" if they asked who, "my fiance". He was always let through with that. We always brought the K-1 paperwork and evidence of his employment back home. Also bring a lease or rental agreement, stuff stating you go to school, whatever shows that you have ties back home and aren't going to stay in the US.

Thanks to everybody for their advice, it has been very tough the last few days with a very strained situation with lenthy calls on the Vonage phone and lots of tears and things that should have been left unsaid, I am just waiting for the case letter so I can scan it and send it to her then I will book a ticket for her to fly in, I figured on a month, I doubt she will be needed in Mexico to fill out any paperwork or meet anybody at the Embassy so soon in the process.

Okay Miriam and I lived together for a while on her B1/B2 visa over here, she was here on a B2 for 6 months on her I-94, she only stayed for 3, I was tempted to marry her and adjust her status accordingly based on a "spare of the moment decision" mentioned on the USCIS website.

Friends told us that she would have no problem as they had done it, the only reason we decided not to do it is we heard stories of people being sent back because they didn't use the K-1 option and waiting years to be reunited, so she went back, but now I am wondering if I messed up and we could have avoided all of this waiting and stuff, any ideas???

I figured that the rules have changed on this and it is too much of a gamble.

Marrying and immigrating on a B-2 is fraud if that was the intent when entering the U.S... Which I am sure you have read... The problem is that people DO fraudulently use B-2's for that purpose, and I think it throws up "red flags" with the USCIS, so there's a chance that your case might be looked at very closely as you try to adjust status. Like I said, people do it all the time, though.

(mere opinion) You didn't mess up at all. With the K-1 there should be no doubt of the intentions if the relationship is valid. Also, since she has a B-2, she can visit you (or you can visit her) at any time while you are waiting for the K-1 process to pan out.

Of course (as you are aware already), now a K-1 is your only non-fraudulent option since the intent to marry and immigrate is certain.

Good luck!

What does she tell the CBP Officer when she visits me from Mexico, I am here to visit my Future Husband while we are going through the K-1 Visa Process?

K-1 is a visa that has Immigrations intent a visitors B-1/B-2 visa is not issued with immigrations intent. K-Visas are processed through USCIS, NVC and the Immigrations unit at the consulate. B-Visas are not. Use of a vistors visa to immigrate is an attempt to bypass the normal immigrations process and is visa fraud.

Willful use of a NON-Immigrant visa that does not have immigrations intent is considered visa fraud, and adjusting status from them subjects the prospective immigrant to a higher level of questioning bu USCIS at the AOS interview, and if the IO is not convinced that immigrations was not the intent when getting the B-Visa, the IO can deny AOS, and file deportation orders.

Since you proposed this question then there is immigrations intent and you should file for the correct visa.

I have yet to see an I-130/I-485 adjustment get approved without interview, however I do see allot of K-Visa adjustments getting approved without the couple being interviewed.

I think it is possible though. Like if you entered on a work visa and were in the states for say 5 years...2 years into that you meet someone and get married...you can adjust that way. People have done it.

She was here training Airline Agents when we met, so she was coming and going all the time and has been in and out of the states many many times, but now the K1 has been submitted it will be the only way since I assume they put something in the system, if she comes to visit me on a B1/B2 does she tell the CBP Officer that she is visiting her Future Husband and is going through the K-1 visa process??

Okay Miriam and I lived together for a while on her B1/B2 visa over here, she was here on a B2 for 6 months on her I-94, she only stayed for 3, I was tempted to marry her and adjust her status accordingly based on a "spare of the moment decision" mentioned on the USCIS website.

Friends told us that she would have no problem as they had done it, the only reason we decided not to do it is we heard stories of people being sent back because they didn't use the K-1 option and waiting years to be reunited, so she went back, but now I am wondering if I messed up and we could have avoided all of this waiting and stuff, any ideas???

I figured that the rules have changed on this and it is too much of a gamble.

I don't see many people on here petitioning there future Husband or Wife from Mexico, I have just sent my petition in for Miriam and I know it is there, does it take longer if you are from certain Countrys than others?

I was told about 3-4 Months, she already had a B1/B2 Visa, maybe that helps too, looking at some of the timelines on here it must be absolutely killing people to wait...this is my first post so go easy on me