Stephen + Elisha

If you're sending returns, you need to send the whole return—not just the front page. And it has to be a copy certified by the IRS. IRS charges $57 for a copy of a return.

Go with option c. Tax return transcripts are available free of charge from the IRS. Info here: http://www.irs.gov/individuals/article/0,,id=232168,00.html

Per the State Department website:

Link: http://travel.state.gov/visa/fees/fees_5455.html?cid=9013#docs

That is what Im trying to locate... Am I missing something?

That is what Im trying to locate... Am I missing something?

1.

2.

In other news, the receipt number on Elisha's biometrics notice is finally showing up in the online case status application. Of course, like a doofus, I immediately signed up for e-mail and SMS updates.

I self sponsored, so in my case it was 0%

The amount they were looking for was nominal.

SOME consulates allow this, MOST do not but I understand you offer it as an example of their discretion.

Itwould be a terrible dis-service to state to VJ members that the "requirement" is 0%

If anything, the fact that most consulates don't allow self-sponsorship is further evidence that the I-864 guidelines weigh heavily in consular officers' consideration of the 212(a) public charge requirements. 9 FAM 41.81 PN 2 specifically allows for "self-sponsorship," stating that "It would not be unusual, therefore, for a healthy alien of working age, applying alone, to be able to establish eligibility during the visa interview without the need for substantiating documentation." But the I-864 requirements state that the intending immigrant's income can only be considered if it will continue from the same source after entry to the United States. Most consulates won't allow self-sponsorship... so which do you think they're going by, the FAM or the I-864 requirements?

At the risk of being harsh, the issue that you have seems to be following directions. If you don't send any documentation, you don't get an RFE—you get denied for failure to provide initial evidence.

RFEs can be for one of two things:

1. Missing initial evidence: If you omitted one required document, you'll probably get an RFE for it. But any omission of the required initial evidence listed in the instructions is a potential cause for denial. Omit ALL the required initial evidence, and you're begging for a denial.
2. Additional evidence: The adjudicator determines that more information is required to determine eligibility for the requested benefit. For example, if you just submitted a couple of photos as evidence of meeting in person within the last 2 years, you'd likely receive an RFE for additional evidence specifying dated documentary proof such as boarding passes, hotel receipts, etc.

As usual, someone gets specific information related to a specific embassy shares it and gets buried.Thats the VJ way.

Then the poster should have posted it in the Embassy and Consulate Forum and noted in his subject that it applies to Manila, not made an overarching pronouncement about the I-134. A lot of experienced, knowledgeable people have provided copious evidence that the information is not universally applicable.

omg i meed help in this . Im dont have a job because im a full time student, i send the k1 petition and im sure they gonna ask me how i will support my fience. My dad is the one thats gonna file the I-134 for me . is that ok or its me the one that have to be filling the form ???? plissss help

The petitioner must be the primary sponsor. Your dad may (or may not) be allowed to submit an additional I-134 as a joint sponsor. I'd advise you to do some research into the embassy where your fiance will interview to determine whether or not they allow joint sponsors at the visa application stage—some do, some don't.

Stephen + Elisha

You live in DC too

I will do my biometrics at Alexandra ASC.

Same here. On the same day (March 1st) too! Small world, eh?

You mean like this?

1) Was the 5-months stay in the States illegal even though she had a B2 stamp on the passport, because there is an ongoing i-130 petition? She left before the B2 expired; we told the CPB truthfully what she did during the stay (taking care of mother in-law after surgery, helping family move, then spending Christmas and New Years). Are we right to think we did not break any laws, because if we did, wouldn't there be more serious consequences than just sending her back at POE?

No, it was not illegal. There's no law against traveling on a tourist visa / visa waiver with a pending immigrant visa petition. As long as she left before the visa expired, the 5-month stay was perfectly legal.

2) If we didn't break any laws, is this still a red flag in the visa application, and would this come up during the interview? We are prepared to disclose every trip she made to the states and the 2 denied entries. Would we get denied by the consul because she spent a lot of time in the states prior to visa approval?

No red flag. Nonimmigrant visa denials / denial of entry at POE won't affect the immigrant visa application. As you said, just be sure to disclose everything. The time she spent in the US won't lead to a denial

There's no reason for you to file a new I-864. You can't change your sponsor after you adjust status.

The USCIS website has a page on this: General Tips on Assembling Applications for Mailing

A couple items from that page that specifically address points you brought up:

• Do not use binders or folders that cannot be easily disassembled. (ed. note: they're just going to put the papers in their folder and throw your folder away anyway)
• Use ACCO 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.
• Avoid using heavy-duty staples; instead use ACCO fasteners or heavy clips.

Oops, I lied. That's three items.

Contrary to popular belief, birth on a US military base abroad does not qualify as "birth in the U.S." http://www.state.gov/documents/organization/86755.pdf

Your wife acquired her U.S. citizenship through her parents. She most likely would not have obtained a certificate of citizenship, as the Consular Report of Birth Abroad constitutes proof of U.S. citizenship. She would answer "no" to that question.

merkin, the applicable law here is INA sections 212(a)(4) and 213A(f)(1). 212(a)(4) states that an affidavit of support under 213A may be considered in determining admissibility under this section. 213A(f)(1)(E) says the requirement is 125 percent of the federal poverty line. So that's the law.

The standards for adjudication by consular officers are set out in the Foreign Affairs Manual. As I cited above, 9 FAM 41.81 PN 2 states that the K visa applicant must meet the public charge requirements in INA 212(a). 212(a) takes us back to 213A, which gets us back to the 125% requirement.

So... Manila may accept 100%. That's within their discretion. But it is in no way a law or requirement.

merkin, fair enough. 100% works for Manila, which could work to the advantage of some because Manila doesn't accept co-sponsors at the visa application stage.

Nevertheless, it's also fair to say that other consulates may vary. Just as other consulates may accept co-sponsors during the visa application process, other consulates may be looking for 125% rather than 100%.

As usual here at VJ, the moral of the story is do your research. Your mileage may vary at the visa application stage because there are so many different consulates and they're given such wide latitude on making the public charge determination. Find out about the requirements at your consulate, and figure out how you're going to meet (or better yet, comfortably exceed) them.

merkin, your information is correct—but you're kind of missing the point.

1. Consular officers have wide latitude in making the determination regarding adequate support. They're not required to ask for the I-134 at all. If they do, there's no hard-and-fast rule for adjudicating it. The Foreign Affairs Manual states only that "It is only necessary that the consular officer be able to conclude that the alien is not likely to become a public charge." (cf. 9 FAM 41.81 PN 2)
2. The 125% requirement comes into play shortly after the K-1 holder enters the US, marries the petitioner, and applies to adjust status. If at that point you can't demonstrate the 125%, adjustment of status will be denied. Consular officers are not unaware of this fact.

Given these two facts, if you try to skate by at the interview with support documents that only show 100%, you're playing with fire. You'll have to meet the 125% requirement in very short order anyway, and since the consular officer makes the call, that 25% may lead to a denial. It also may not, but do you really want to take that chance?

merkin, your information is correct—but you're kind of missing the point.

1. Consular officers have wide latitude in making the determination regarding adequate support. They're not required to ask for the I-134 at all. If they do, there's no hard-and-fast rule for adjudicating it. The Foreign Affairs Manual states only that "It is only necessary that the consular officer be able to conclude that the alien is not likely to become a public charge." (cf. 9 FAM 41.81 PN 2)
2. The 125% requirement comes into play shortly after the K-1 holder enters the US, marries the petitioner, and applies to adjust status. If at that point you can't demonstrate the 125%, adjustment of status will be denied. Consular officers are not unaware of this fact.

Given these two facts, if you try to skate by at the interview with support documents that only show 100%, you're playing with fire. You'll have to meet the 125% requirement in very short order anyway, and since the consular officer makes the call, that 25% may lead to a denial. It also may not, but do you really want to take that chance?

I'm kinda confused now.. I received a denial two days ago and it stated failure to provide evidence. I am thinking it was due to me not including my divorce decree. I never received an RFE for my that paperwork and they included an appeal notice which I have to send my supporting documentation and a whopping $630??? That is what I don't understand!!!!

Did the denial notice specify what evidence you were missing?

Did you send any documentation of your divorce?

Was there any other initial evidence that you didn't submit?

Aside from those questions, don't waste your time and money on an appeal. File the I-129F again, it costs half as much. This time, read the instructions carefully, read the VisaJourney guide, and follow them to the letter. Make sure you submit all required evidence, unless you like giving money away to USCIS.

How about taking vaccines? I think it will impact that.

Unlike IR-1/CR-1 immigrant visas for spouses, the K-1 visa does not have any vaccination requirements. Many people get vaccinations done at the visa medical because they're cheaper abroad than in the US and they will be required for AOS. But they are not required for the visa.

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Jessica24, the instructions on the I-129F require submission of certified copies of court records if you have ever been convicted of any of the following crimes (the "following crimes" being those listed in items 1-3). A protection order is not a conviction.

The magic of Google provides these earlier threads on the same topic. Some good, solid advice from knowledgeable longtime VJers can be found therein. Tolle, lege.

http://www.visajourn...riminal-record/

http://www.visajourn...anor-or-felony/

danmarkx, based on the latest numbers available from USCIS, you're actually not too far off.

I-751 Processing at Vermont Service Center

Month & Year Receipts Completions

Mar11 14040 4701

Apr11 9741 5837

May11 10779 6190

Jun11 15124 6959

Jul11 9933 5408

Aug11 11379 7340

Sep11 8065 6361

Oct11 9913 4366

Nov11 7268 3972

As you inferred from the VJ numbers, March through June of 2011 saw pretty high numbers of new I-751 petitions received at VSC. September and November were significantly lower.

By the way, this data is available at http://dashboard.uscis.gov

They took my biometrics today. Going to Alexandria center in Va rather than Tampa was not a problem. No one was there and I had to wait long enough to fill out the form.

The longest part was the faff of getting the prints done. I was in and out really quick. They really enforced the no cell phone rule. I didn't take mine, but everyone got asked if they had theirs on them.

i reiterate, no one was there ahead of me (well, maybe 2 people) and I got taken right away. Most ungovernment like. It was almost pleasant.

We had a similarly good experience at the Alexandria ASC when we went there for AOS biometrics 2 years ago. Glad to hear it's still a pleasant experience. Maybe we can do a walk-in early biometrics like we did last time...