London 2012- K1s from NOA2 to interview thread

[Nich-Nick 3,353]

Does anyone know why the CO has asked us to provide an I-864? We brought the 134 and tax transcripts to the interview and I make well above poverty, thoughts?

Mary,

I'm not one that advocates calling the embassy to say "Did you get my forms?" or "Do I have an interview yet?" But when there is a problem, I think you need clarification from a consulAte officer. That won't be the person who answers the phone. But insist you need a response from an officer. Don't go into your problem with the phone person. They don't have access to you file. If needed, tell them you need clarification on a 221(g) and must have a response from an officer, not a call center employee.

They will give you an email. Ask if you need a code for it to go through. Then ask your questions. Cut and paste the London instructions from the website.

What about the fiancé(e) of a U.S. citizen who is applying for a fiancé(e) visa?

An I-864 is not required when applying for a fiancé(e) visa

. An I-864 will be required at the time the fiancé(e) visa holder applies to adjust his or her status from nonimmigrant to conditional resident with the United States Citizenship and Immigration Services(USCIS).

And from this page http://london.usembassy.gov/faffidavit.html

Evidence Which May Be Presented to Meet the Public Charge Provisions of the Law

K-1 and K-3 and their derivatives are not required to file an affidavit of support, form I-864 at the time he or she applies for the visa

. However, the Immigration and Nationality Act does require the applicant to establish to the satisfaction of the consular officer at the time of the application for a visa, and also to the satisfaction of an officer of the United States Citizenship and Immigration Services (USCIS) at the time of application for admission to the United States, that he or she is not likely at any time to become a public charge.

Then quote 9 FAM 40.41 N4.6-3 ( c) Use of Form I-134, Affidavit of Support

If you determine that any of the following types of applicants need an Affidavit of Support to meet the public charge requirement, they may use Form I-134,

as they are not authorized to use Form I-864 or

I-864W:

(1) Returning resident aliens (SBs);

(2) Diversity visa applicants (DVs); and

(3)

Fiancé(e)s (K1s or K3s)

Ask why an I-864 has been requested when you provided a proper I-134 as instructed and the Foreign Affairs Manual prohibits use of the I-864 by a fiancé. Then so they don't think you're being a smarty pants say (humbly), that you don't want to do something prohibited that will invalidate your fiance's visa later. Ask "can you confirm that I should submit an I-864 in support of a K1 visa?"

Then ask for some specific suggestions for whatever else they stated on the form. Ask if a trip to see each other again will satisfy the request. Then tell them you are trying to maintain the income to support your fiancé and missing work will be a financial hardship. Tell them the price of a trip and that will be an additional financial hardship to you. Ask them to please help you provide something acceptable by telling you specifically what more would satisfy the requirements. Tell them specifically what you brought to the interview.

We can't really help on this forum because we would be guessing. Ask somebody at the embassy. Be sweet, and sincere. Don't say the officer was mean, abrupt, etc. No criticism. And search your mind for what could be different about your case. 99% of the people are not asked for any evidence of a relationship. Is there more to the story. Vastly different ages? Different cultures? Many marriages? Filed before for somebody else or beneficiary of someone else? Native of other countries besides US and UK? Maybe there is something that the officer just didn't trust so is trying to come up with excuses not to approve.

Edited October 27, 2012 by Nich-Nick

[Stu4Lee 66]

Does anyone know why the CO has asked us to provide an I-864? We brought the 134 and tax transcripts to the interview and I make well above poverty, thoughts?

Have you actually seen the scanned blue form yet?

It's a generic form that mentions I-864 all over it, has it been mis-read to you perhaps?

Other than this curve-ball, you already have everything else you need to submit to satisfy the refusal, more than enough from what you have told me. You just needed to fill in the gaps between June and interview date, you have that covered already, no need for another trip in my opinion.

Edit - my 221(g) form was quite clear on what was needed for evidence, the CO wrote next to the Other ticked box "evidence for relationship - correspondence, emails, phone records etc demonstrating ongoing personal contact consistent with relationship"

Edited October 28, 2012 by Stu4Lee

[OrderofProtection 42]

That is odd. Since the CO questioned the validity of your relationship, perhaps they want the legally-binding affidavit of support document as further proof? Send it in along with paystubs, etc. At this point, send everything you have.

Yeah, I reconfirmed it with Julian today and they want both 134 & 864 (with full (2011 and 2010 taxes). He scanning me the 221 tomorrow. so I'll double check what it reads when I see it. If it says 864, I've decided to include a signed letter that I was aware we were not supposed to use this form, but as requested have complied by checking the most appropriate box (which is spouse). I'm not sure what else I would check since it's not a fiance form.

I think you or someone asked earlier, but he and I are same age, very similar in interests (the arts), both married once 10 years ago, no police records or bad stuff like that. Perhaps I didn't include enough relationship evidence in the original petition and that's what set them off? The CO had no interest in seeing anything else the Julian brought in. I sent what VJ said I should send (an appropriate amount of evidence), but who knows. I can second guess until kingdom come or I can just send everything, so I feel good we will be approved after they get our massive package of evidence and paperwork

Edited October 28, 2012 by MaryNYC

[Nich-Nick 3,353]

Yeah, I reconfirmed it with Julian today and they want both 134 & 864 (with full (2011 and 2010 taxes). He scanning me the 221 tomorrow. so I'll double check what it reads when I see it. If it says 864, I've decided to include a signed letter that I was aware we were not supposed to use this form, but as requested have complied by checking the most appropriate box (which is spouse). I'm not sure what else I would check since it's not a fiance form.

Did you read my clip from the Foreign Affairs Manual that a fiancé is NOT AUTHORIZED to submit an I-864? That is the actual immigration law book and supercedes what VJ or websites say. Do not tick a box saying you are a spouse and sign your name affirming the truth of the document. Your whole visa process could be thrown out because you claimed to be married, and thus not eligible for the K1 process. (I actually don't see where you would tick a spouse box, but be careful and don't make false claims in writing,) it could even come back to bite you much later if you apply for citizenship based on your marriage. At that time they go over every document you have ever submitted to the immigration process. It's all on the desk at the citizenship interview. They are charged with looking for discrepancies in dates, information, and mistakes made by other adjudicators. I'm not repeating something I've "heard". Ive actually read the Adjudicator's Handbook with pages and pages And pages of detail about they evaluate various processes based on the laws.

After you see the 221(g) and fully concur that it says I-864 is required then you should get a second opinion in writing from a CO by emailing the embassy. This isn't a time to guess.

[OrderofProtection 42]

Did you read my clip from the Foreign Affairs Manual that a fiancé is NOT AUTHORIZED to submit an I-864? That is the actual immigration law book and supercedes what VJ or websites say. Do not tick a box saying you are a spouse and sign your name affirming the truth of the document. Your whole visa process could be thrown out because you claimed to be married, and thus not eligible for the K1 process. (I actually don't see where you would tick a spouse box, but be careful and don't make false claims in writing,) it could even come back to bite you much later if you apply for citizenship based on your marriage. At that time they go over every document you have ever submitted to the immigration process. It's all on the desk at the citizenship interview. They are charged with looking for discrepancies in dates, information, and mistakes made by other adjudicators. I'm not repeating something I've "heard". Ive actually read the Adjudicator's Handbook with pages and pages And pages of detail about they evaluate various processes based on the laws.

After you see the 221(g) and fully concur that it says I-864 is required then you should get a second opinion in writing from a CO by emailing the embassy. This isn't a time to guess.

Will do, it is VERY strange that they asked for that. I'll verify it once I see the scanned form and I'll contact the Embassy as you said. I was nervous about that too, and very confused. I'll look into it before doing anything else. Thank for all the links and info, at least I have that in one place to reference. I really appreciate it Nich-Nick.

[Myke + Kerry 0]

Really sorry to go over old ground here guys, but in my "panic mode" I would just like some clarification.

Myself and Kerry are collecting evidence for the I-134. As an Englishman I am somewhat confused with the wordings of "Tax Return", "Transcript" and W2, what is needed, and what we have already in our hands.

Kerry has handed to me "US Individual Income Tax Return 2011" (form 1040A) with 2 front pages from TurboTax.

Attached to this is also her 2011 State Tax Return (Wisconsin).

I also have "W2 Wage and Tax Statement 2011" which details her yearly income from both jobs, income tax withheld etc.

Now I have read a number of posts, but I wanted to to make sure that what I have in my hand (form 1040A and W2) is classed as a COMPLETE TAX RETURN? If so, this is classed as ONE proof, correct?

I will also have a letter from her general manager confirming her full time work, and as a back up, 3 months pay stubs. I know only two types of proof are needed, but there is no harm in having too much info!

Thanks anyone.

[Nich-Nick 3,353]

Really sorry to go over old ground here guys, but in my "panic mode" I would just like some clarification.

Myself and Kerry are collecting evidence for the I-134. As an Englishman I am somewhat confused with the wordings of "Tax Return", "Transcript" and W2, what is needed, and what we have already in our hands.

Kerry has handed to me "US Individual Income Tax Return 2011" (form 1040A) with 2 front pages from TurboTax.

Attached to this is also her 2011 State Tax Return (Wisconsin).

I also have "W2 Wage and Tax Statement 2011" which details her yearly income from both jobs, income tax withheld etc.

Now I have read a number of posts, but I wanted to to make sure that what I have in my hand (form 1040A and W2) is classed as a COMPLETE TAX RETURN? If so, this is classed as ONE proof, correct?

I will also have a letter from her general manager confirming her full time work, and as a back up, 3 months pay stubs. I know only two types of proof are needed, but there is no harm in having too much info!

Thanks anyone.

Ok, taxes are complicated and individual so here's the long short version.

A US tax return starts with a Form 1040 or 1040A or 1040EZ. The difference is mostly your amount or source of income. All are equal and it's just a matter of which form fits the taxpayer. So if I say 1040, read it as 1040A.

The 1040 is the main calculation form. Then other forms may be required depending on the individual. If you earn interest from a savings account, certificate of deposit, bank account, or stock dividends you break it down by bank and amount on a Schedule B. The total pops in a line on the 1040. For example, our return has a Form 1040, Schedule A (itemized deductions), Schedule B (Interest and Dividends), Schedule C (Profit or Loss from a Business), Schedule D ( Capital Gains and Losses), Schedule SE (Self-Employment Tax). All of those have calculations that end up with amounts that pop into the main Form 1040. That's just to give you an idea of some of the extra forms. They go on and on--Farm Income, and other ridiculous amounts of paperwork sometimes.

It is possible your fiance only has income from a salary and no interest from any bank or savings. She may only have Form 1040A. If she has anything named "Schedule ___" or "Form ___" it is also part of her tax return, so check for that that. Anything that says TurboTax, or Summary, or Worksheet, or Where to Mail, or How to E-file is not an IRS (Internal Revenue Service) document and is not part of the tax return. Those are for informational purposes only.

Okay next--I could fake a TurboTax return and fill in an income of $500,000 and make it look real good. So that's where the W2s come in. Those are statements employers must send out in January saying the total they paid in wages, as well as what was held back in taxes for the previous calendar year. The fake tax return wouldn't hold up because I wouldn't have W2s verifying the income on the tax return. The immigration people want to have those to make sure the tax return matches the report from the employer.

So a "complete" tax return to the embassy and USCIS includes

• Form 1040 or 1040A or 1040EZ
  
• Any additional IRS Schedules or Forms that apply to that taxpayer
  
• W2s from Employers (Or retired people or independent contractors may get a statement called a 1099 showing their earnings instead of a W2).
  

If you want to order Tax Transcripts (free from the IRS) then that is a stand-alone condensed version of what you filed. No forms, schedules, TurboTax etc are sent. Just the transcript alone. It comes from the IRS so it's verified making the W2 unnecessary to support a TurboTax version. IRS gets W2s and interest earn also to make sure you're not cheating. So when they provide a transcript, it's all been verified.

For an Affidavit of support provide either a complete tax return or a IRS tax transcript. Either/or, not both. Whichever you provide is ONE proof. The employer letter is a second proof and that's plenty for London.

Hope that helps. There's not a simple answer that fits all when it comes to tax returns.

Oh yes, you asked about state income tax returns. I forgot because my state doesn't have a state income tax so I don't know much about them. I do know those are never included in immigration related things. USCIS and the embassy only care about what you file with the IRS, not your state.

[MissAAA 9]

Interview is in a few hours. Just read left coast lady's review and was suprised they asked for the DS forms? Luckily my OCD was in full drive when we filled those forms and we have copies so he'll take some with him. But now I have to ask the dreaded "am I forgetting anything" question. we have the following

- 3 Passport Photos

- Passport

- Police certificate and copy

- Birth certificate and copy

- MRV receipt

- Interview Letter

- Pictures from the last few months (Post NoA1 and NoA2)

- A few emails from the last few months

- NoA1 and NoA2 letters

-I 134 from Sponsor, with Letter from employer and pay stubs

- 1 134 from me, with letter of employer stating my temp assisgnment

- Phone records from Lyca Mobile

- Boarding Passes from last

-Debit card

...I cant possibly be missing anything can I?

[markjbankover 1]

I've also got my interview tomorrow, 8am

Feel like I've forgotten something

[LeftCoastLady 441]

Likewise, I'm a project manager by trade, so having copies/back-up is something constantly running through my brain. That's why I made sure fiancé had copies of all of the DS forms mailed as a just in case.

For the I-134, I also included a copy of my birth certificate for proof that I'm a USC. For the birth certificate, you have the long-form version, correct?

Good luck!!

Interview is in a few hours. Just read left coast lady's review and was suprised they asked for the DS forms? Luckily my OCD was in full drive when we filled those forms and we have copies so he'll take some with him. But now I have to ask the dreaded "am I forgetting anything" question. we have the following

- 3 Passport Photos

- Passport

- Police certificate and copy

- Birth certificate and copy

- MRV receipt

- Interview Letter

- Pictures from the last few months (Post NoA1 and NoA2)

- A few emails from the last few months

- NoA1 and NoA2 letters

-I 134 from Sponsor, with Letter from employer and pay stubs

- 1 134 from me, with letter of employer stating my temp assisgnment

- Phone records from Lyca Mobile

- Boarding Passes from last

-Debit card

...I cant possibly be missing anything can I?

I've also got my interview tomorrow, 8am

Feel like I've forgotten something

Dan's post in this thread is a great guide: http://www.visajourney.com/forums/topic/350185-london-2012-k1s-from-noa2-to-interview-thread/page__view__findpost__p__5229392

[markjbankover 1]

Yes long version.

The only thing we do not have is my fiancées tax returns because she has never filled taxes

[LeftCoastLady 441]

Yes long version.

The only thing we do not have is my fiancées tax returns because she has never filled taxes

Are you bringing a letter from her employer and recent paystubs? If so, then you should be good.

[markjbankover 1]

Yeah ive got letters from her employment along with all her pay slips.

These nerves are they normal

[LeftCoastLady 441]

Yeah ive got letters from her employment along with all her pay slips.

These nerves are they normal

Yup, very normal. My fiancé slept maybe two hours the night before the interview. And because of the time difference, I didn't sleep much the day of the interview until I heard back from him.

[Anna Grant 169]

You know people are saying 'Police Certificate and copy'? Do they mean just a photocopy of it? Or a further official Police Certificate? I thought that the Police Certificate was handed over at the medical? Does the doctor keep it and send it to the consulate or do they give it back to you after the medical?

I know I am far from having the interview yet but I'm just trying to get all my ducks in a row in advance (I do feel like I'm quacking up though - and making awful puns - sorry).