SophWeb

If you visit her AFTER returning your greencard, then just make sure you bring proof of your strong ties to Canada so they don't think you're attempting to immigrate. You may get an officer who asks, "Who are you staying with?" and once you say "my wife" he will probably raise an eyebrow. That's when you explain your situation and show him the evidence (leases, letter from employer etc) that you intend to return to Canada and not stay in the US.

I am a generally patient person I think but this is driving me mental... How do you guys deal with your stress? The wait is taking its toll on our relationship. It's hard to spend all this time on the phone and online and keep up a normal schedule.

This month the time changes here in Wisconsin and I will be an hour AHEAD of Carlos in El Salvador and that makes it even harder!! I work 6a-2:30p and 10 hours of mandatory overtime per week.

The worst part about this whole thing is his dad is the Deputy Chief of the USCIS Forms Center West and he can't even help us expedite anything.

Give me your ideas on how to get thru this trying time...

You're only at the very beginning of your journey - you're gonna need a lot more patience. As said above, it could worse. My husband woke up at 5:30am every morning to talk to me because of our 14+ hour time difference. And we were both working 50+ hour jobs.

Try having a scheduled time to talk, like every night after dinner, at like 8pm. Do you have skype or anything like that? My husband and I would just keep our laptops open in front of us while while we worked or studied at home, and just use skype and videochat. Sometimes we would hardly talk, but still keep the video open, and it was nice to know we were still there. Almost like having them sitting next to you

Oh - I should mention - he is NOT going to be sponsoring me (my aunt is!)

Your fiance is still the primary sponsor as he is the person petitioning the K-1 for you. He will still need to fill out an I-134, even though he does not meet the requirements. The aunt will fill one out too.

Not being up with your taxes is a big problem. The USCIS needs to see the last 3 years worth of tax returns. You will need them for this K-1 process and again when you Adjust Status once entering the US and marrying. He needs to file his taxes ASAP.

Adding - USCIS won't know or care that he filed his taxes late, so long as they filed and he submits the returns with the I-129.

I was sent an RFE for not providing the last 3 years worth of tax returns.

Send the returns.

Where should I contact about AP after interview.Embassy, NVC or any where else?

What are you wanting to know in regards to the AP?

It did not affect my K-1 at all. I had lived here for 4 years on a H-4 visa and met my fiance before I moved back to Australia.

My K-1 was processing well within the timeframe with no issues.

I personally think it helps because it helps show you have a valid relationship and that you have spent plenty of time together.

Are you currently living OUT of the U.S.? Because you'll need to leave the U.S. to receive your K-1 - you will have an interview at the consulate of your home country.

Yes, the biometrics was for EAD and early parole....

As of today, the file still says "January 14th" which was the date the receipts were sent to us...since then, we've received the biometrics appointment and have gone to it......today, my AOS was transfered from Vermont to California....any thoughts???

Quite a few cases have been transferred to California lately. It's supposed to speed up processing and you're less likely to have an interview now.

It seems California is taking a little longer lately though.

But it's a good sign, hopefully you won't have to have an interview and they'll just send you your green card!

Seeing you told the previous poster to "look at your timeline" rather than answering a simple qn, I'm going to tell you to look at the threads. Your answer is there.

It's a mistake. You only have ONE A number and that's the one on the K1 NOA2. You should call the 1800 number and ask to speak to an immigration officer and get them to change it (or at least tell you what to do) OR you can make an infopass appointment to fix it there OR at your biometrics make sure you take your K1 NOA2 with the proper A number and make sure it's changed there. I would personally call the 1800 number first, then make an infopass and when you get biometrics check it then to see if it's fixed and if it's not try and change it there.

Good luck!

Agreed - and keep tabs on how long your visa process is taking. The same things happened to me - the wrong A# was put on my NOA and I made an infopass appointment to correct the problem. I asked him what the ramifications would have been if I had not come in to fix the problem - he said that my case would have sat there untouched indefinitely, with no notices to me at all. How glad was I to have went in!

Basically, if your application starts to take longer than normal in the future, make another InfoPass to follow up this A# discrepancy.

I’m currently in Australia waiting for my KI Petition to be processed (filed on 17 Feb 2011). I’m here for the next 5 weeks and then I plan to travel to the USA for three months to be with my fiancé while we wait. I’m wondering whether I should get my police check and medical done now so I am ready to go when I get back (just in case the petition in approved while I’m out of the country). Is this a good idea or will they be too outdated??

Also, I have lived in NSW and the ACT during the last 5 years. Do I need a police check in both jurisdictions?

Be aware that you will need to bring proof of your strong ties to Australia (and your NOA from your K-1 petition) with you when you go to the U.S.

You may get a cranky Immigration Officer at your POE who might ask who you're staying with in the U.S. And once your answer, 'my fiance', that's going to raise red flags and he may think you are intending to immigrate on the tourist visa. So you'll need to prove to him that you have intention of getting married on that trip, and that you intend to return to Australia to receive your K-1 visa and then travel to the U.S. and marry at a later date.

Yes, that is pretty much the issue. My family and I are very close and they would really like to meet him. We have come to terms with the fact that it would be much cheaper to get his fiancee visa than for everyone to pay for tickets to the Philippines when we get married. And I feel its really important for him to have a taste of my culture before we tie the knot. Even just for a couple of months and then return to the Philippines. Is there any other way to make this happen besides a fiance visa?

If I was in your situation, I would just visit the U.S. on a tourist visa and not get married. That way your family can still meet him. I know being married is very important, but I would hold off on tying the knot until you know where you intend to live permanently. Otherwise navigating the Immigration process while jumping between countries can be a headache, to say the least.

If you do go that route, make sure your fiance has ample evidence with him of his strong ties to Philippines- rental agreements, letters from employers expecting him back at work on a certain date, any financial responsibilities etc. Otherwise the Immigration Officer at your POE may look at the two of you (as a couple), assume that you are intending to marry and stay in the U.S. and deny your fiance entry.

It's slightly risky, because you may run into a crazy Immigration Officer. But far less risky than attempting to enter the U.S. on a tourist visa and intending to get married.

I'm in a pickle. When my wife arrived from Russia in a hurry to make her connecting flight she threw away her I-94. Needless to say this caused a whole chain of events but the bottom line was no SSI# until we got married and got the I-94 replaced which we did. We were married in January of 2010, the I-94 was (eventually) replaced in May of 2010 and we filed for her AOS immediately. Unfortunately we bought a new house and moved requiring us to change address with USCIS that has taken now 5 different conversations with the USCIS and 4 seperate changes of address on that one change alone. All this while we are waiting for her interview for temporary green card which has been delayed and changed on the account of USCIS. Just most recently, they scheduled our interview at the same office we went to for biometrics then called the morning before the interview to say it is to be rescheduled yet again at the "correct" office. This interview we have waited on for now 9 months. I tried to unsurp the system a bit and went to a Social Security Office to have her apply for a card but no go, they said USCIS has not released her for a card "yet".

I need to file taxes and I used her alien registration number as a SSI# and my tax preparer doesn't know if it can be used. Anyone at all familiar with this?

No, absolutely not. Two completely different things.

You do not need a SSN to put her on your taxes. You can use a Tax Identification Number if she is not eligible for a SSN.

You can apply for a Tax Identification Number with the IRS. It takes about 6 weeks to process.

That's fantastic to hear! Glad it all went smoothly!

My advice, get married and then get a CR-1 spousal visa (or in fact DCF) when you are good and ready to settle in the US PERMANENTLY. A green card is not an unlimited visa. You have to be in the US as a resident for most of the time (hence the name) if you aren't going to use it as such then don't bother applying as you will only lose it later on.

Completely agree. If you have no intention of residing permanently in the U.S. then a K-1 visa is a complete waste of your time and money. K-1 is for people who want to permanently immigrate to the U.S.

Once entering with that visa (which takes at least 6-9 months to get), you would have to Adjust Status and get your Greencard, which can take at least 3 months (more like 6-10). And even then, you would have to retain permanent residency in the U.S. to keep that Greencard.

If you apply for a K-1 visa, marry and then leave without Adjusting Status and receiving your Greencard, you will just have to do the whole process again with the CR-1 visa (visa for the married spouse of a U.S. citizen) when you two want to live in the U.S.

Is the issue that you want to marry your fiance in front of your immediate family and friends in the U.S.?

Thanks! I will get a letter from him stating that his income is the business income (he must have specified self employment on the I-134). Ill verify that as well. If so, that might even be enough as it is already stated and signed. I know the "income" on his I-134 is his alone, and that corresponds to the amount for business gains on his tax forms. The assets he listed are both of their's, such as the house, savings, etc. but in that case it would be impossible to separate that stuff, so nothing more I can do there. Perhaps a letter explaining what is what would be sufficient (I can write it) as he already specified his share on the I-134. Having him writing a letter would essentially state the exact same things.

That sounds fine to me - if you think the Immigration Officer will be confused, then write that exact letter explaining that the assets are shared among the father and wife in a joint banking account and therefore difficult to separate, but the father has allocating his portion and indicated in on the I-134. You shouldn't need to worry though, so long as the father makes sufficient income, the assets are really only an 'extra' that helps your case.

Basically, if you're in doubt over anything confusing about the money situation, just add a letter to USCIS explaining whos is whos and what is what. That's what my husband did and we were fine. Just make sure the letter is from and signed by the father (you can write it, just make sure his name and signature are on it), because it is his income that is being referenced.

Wait...how can she not have a passport? Where is Visa located?

If she doesn't have a passport, then that is what you should be worrying about first.

No passport = no entrance in U.S.

I graduated from college a couple years back, and have been settling into my career since. I have taken time off to travel, etc. I am now working in a career I love, but I have only been there a little over a year. I don't necessarily have several years worth of tax returns stating that I made 125% of the poverty level (especially in college). I know my family will cosponsor him, but how does that work? Is that even possible? They'd make up for the difference financially, but would that be effective? I am so scared we're going to get denied again...

You cannot combine incomes during the K-1 process. You can have a co-sponsor, but that must be one individual person who meets the requirements for his/her own household + immigrant.

OP, they would not file as co-sponsors 'together', they would be two separate co-sponsors. In the eyes of USCIS, they could be as separate as two strangers. When assessing whether or not their income will meet the requirements, USCIS will look at the individual income, not joint income, so you would run into the same problem of differentiating the incomes on the tax returns.

Therefore it is redundant to have two co-sponsors when at least one of them meets the requirements.

Don't stress about the tax returns. USCIS will put two and two together - so long as the amount of income the father listed on his I-134 is the same as what is listed on the most recent tax return. If it's not, just accompany a letter, signed by the father, explaining which income is his, and say that business either slowed or grew, which accounts for that yearly difference.

My husband was self-employed and had a 9-5 job, so he wrote a letter on his own company's business letter stating the what the company did, and how much he earns per year from it. I would ask the father to write a letter similar to that, and then sign it. It will help clarify things.

Just read a thread on here that mentioned you need the birth certificate of the sponsor and co-sponsor for the I-134's... is this correct?

Also curious about another thing. On my fiance's father's tax form (he is our co-sponsor) his wife's name is also present. Her name is also on the bank account records. Does she have to fill out a separate I-134? Is his name sufficient on this form? My fiance just visited and gave me all the info for the interview, but I just noticed this issue...

Correct, you must provide a birth certificate to prove the sponsor is a US citizen.

Does the father provide sufficient income on his own to meet the requirements for you and any dependents (wife, children) in the household size?

If yes, then his wife will not have to provide another form. Make sure you also get a letter from his employer stating his position, how long he's worked there, his income and that he is an employee of good standing. And recent pay slips. This will help identify his income alone.

If no, you will need a different co-sponsor.

Keep in mind that even if he does not claim his wife as a dependent on his taxes, he will still need to count her in the household size and minimum income requirements when he fills out the I-134.

The Petitioner's citizenship is already established but you'll need a birth certificate or passport copy for the cosponsor. Only one person is acting as the cosponsor and should stated only their personal or individual income, not the joint income. Provide at least one complete tax return, (not a transcript in this case) so it's clear which income belongs to the individual. If the cosponsor's I-134 states current income as joint income and both Mom and Dad had income, you'll need a new I-134 just stating Dad's income.

Agreed.

you should ask to have the arrest esponged and taken off records. May be worth the cost of an attorney to have this done and keep the job.

The OP would still need to declare that he was arrested. For example, if you were in court and were asked the question you would be committing perjury by stating that you had never been arrested. What you could say is that you do not have a criminal record.

It would be good for the OP to have the arrest expunged though, because it would show that the crime was a lower-level crime. You can only get expunges for lower level criminal acts.

Also, expunging an arrest does not actually completely erase it. Some law enforcement agencies are still able to access that information.

OP - See if you can get your arrest expunged, answer yes on the forms, and then provide evidence that the arrest was expunged.

I wish we were filing for AOS. We're waiting for the I129-F approval. We've been stuck at USCIS for almost 6 months and it makes us really sad seeing other people who filed after we did gettign approved and getting interview dates and being done with this process This is inhumane

Oh my goodness, I am so sorry, I completely forgot which forum I was in - I thought it was AOS, not K-1.

That being said, a month time frame is still accurate. I wish you all the best (and lots of patience) in your visa journey!

OP, read this -

http://www.visajourney.com/faq/k1k2visa-enter.html#5.12

Sophweb. Did you notice I never gave a reply. Dan is more qualified but, the senior members tend to get lazy and forget why there here. It's to help us that don't know as much as they do. If they get Lazy and just put up garbage that means nothing that we can't understand. Then resign. Dan. Go to the OP and give a better ANSWER Please

I meant absolutely no offence to Dan. I just inferred a different meaning from the OP's post - I thought he was asking one thing, and Dan thought another. That does not mean either reply was incorrect, or garbage.

To be fair, how is Dan supposed to know how far the OP's knowledge goes in terms of the Immigration process. He could have answered with a lengthy explanation, and the OP could have taken offense to this and felt that Dan was explaining things to the OP as if he/she were a child. It could go either way.

If the OP needed further explanation, then he/she would have asked and I'm sure Dan would have replied and explained further. That's the beauty of these forums - they act more like a conversation than stated facts.

I read this post differently than Dan. His answer and my answer will differ because I read it one way and he read it another. I think what your asking is on behalf of your parents obligating themselves to a long term commitment because you have no funds to support your feelings for your Fiancee at this time, but you wish to go ahead anyway but just want to know whats involved and the ratifications if something goes wrong during the 10 year process with a co-sponsor being responsible if you can't. (thus putting your parents in Jeapordy). I think that is what your question meant. Now Dan is MORE QUALIFIED to Reply. You want to be sure before you have your parents sign. I bet they have concern but want to see you happy.

Agree, I read it differently too.

The Sponsorship is enforceable until -

1. The immigrant becomes a US citizen.

2. The immigrant has earned 40 quarters (10 years) of work credits through Social Security.

3. The immigrant loses their permanent resident status and leaves the US.

4. Either the immigrant or the sponsor dies.

No, it does not cease once you are married. You will file another Affidavit of Support after you are married, as part of the Adjustment of Status process (which gives you your greencard).

I understand that your parents may be concerned with such a lengthy commitment, but so long as your fiance does not become a public charge (meaning, go on welfare, or receive any means-testing financial help), then your parents will be fine. If your fiance does become a public charge, then your parents (as the sponsors) are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency can sue the sponsors in court to get the money owed.

it was 9 years ago! I was cautioned which stays on file for 5 years, however the fact I was arrested stays on the Police National Computer for life!! I did not attend court, nor do time!

Doesn't matter if you never went to court or jail, or how long ago it was. The question is asking if you were ever arrested, to which you MUST answer yes. Lying is misrepresentation which can have you slapped with a ban from the U.S.

Make sure you provide all documents pertaining to the arrest.