Hello and a couple questions

[Brian & Kathy]

Hello everyone,

 

We recently joined CFL under the strong recommendations of Visa Journey members. We submitted our I-129F for a K1 visa on Sept. 24th and just got NOA2 on Feb. 13th. Soon, we'll start gathering our documents for the consulate phase. I appologize if these questions were answered 1000 times already. These are the only things I can think of which make our case unique and possible troublesome.

 

 

1. In August 2007, Kathy applied for an F1 visa to attend a community college here. She was denied, with the reason being insuffient ties to China. At that time, we were not engaged. The nature of the questions leading to the denial, in my opinion, were the use of my parents residence for Room and Board and the fact she had an associates degree in business english already and was going to pursue ANOTHER associates degree here (but in business). Will this have any effect on the K1 process? I assume we can expect questions regaurding this, but what kind of questions should we expect and prepare for? Any additional documents we should prepare for the interview, to answer any questions regaurding this denial?

 

2. I got my first 'real' job in August 2007. I enough in 2007 to meet the minimum requirement, but obviously did not not meet the minimum requirements for 2006 and before. Should I prepare tax information for 2006 and before since I didn't not meet the minimum then? Will the consulate be satisfied with having made enough in 2007 and showing that I make well over the minimum at my current job? Should I prepare a second 134a form, showing my parents are willing co-sponsors incase it is needed?

 

3. We would love it if her parents can come here on a B2 tourist visa for the wedding. They have never left china and her father has a full time job, along with owning the apartment and such. Literally, their life is in china and they couldn't possibly stay here. How difficult will it be to obtain a visa for them to come to the US for the wedding? When should they apply for the B2 visa? Would it be best if we have the K1 in hand before they apply, showing this is the reason for them visiting the US? Please advise of any difficulties we could have here, it is important to both of us that her parents can attend the wedding.

 

Thanks so much!

 

Brian and Kathy

[dnoblett]

1 No, prior denials for visitors visas wont affect decision on a family based K-1 visa.

 

2 If current income is sufficient you should be fine, it is recomended to have a letter from employer, and attach some recent pay stubs.

 

 

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.

 

3 There are a few ways to handle this, parents can try to get visitors visa. They need to show strong ties to China.

 

We had an engagement party in China after getting the K-1, the party was much like a wedding without the ceremony.

[Jay & Ping]

Welcome. You'll get a lot of good advice here (as you can see).

 

On question #1: There are completely different burdens of proof for a visitor visa and a K1 visa. A tourist visa requires that you show strong ties to return to China after your visit. The K1 visa application, they know you don't intend to return. The proof for this visa is a) is there a legitamate relationship? will the beneficiary (she) have proper financial support and not become a financial burden to the state.

Completely different basis. They do not effect each other.

 

Question #2: answered

 

Question 3: Burden of proof is strong ties to China. I think you have a good case. a) they are married. He has a steady job c) they own a home.

If they have others that require their support (dependants) that helps as well.

 

Good luck.

 

Jay

[Brian & Kathy]

Thanks for the replies everyone.

 

For #1, I didn't think it would be an issue at all, but some people on visa journey claim we should be prepared to answer questions about that denial. I worry they would get the wrong impression applying for the K1 so soon after an F1 was denied.. as if our intent was to miss-use the F1. Of course, that was not the intention as we weren't even engaged at that time.

 

#2. I'll include the previous 3 years of tax returns, even though I didn't make sufficient income the first 2 years. I was taking at least part time classes during those years of insuffient income, and of course I make more than enough at my current job.

 

On #3, we do plan to have a wedding party in China, but it will likely be a few years later. Of course, it would be great if her parents could be here for the wedding in the US, and it'd be very nice to show them where we'll live, and what things are like here.

[I love Sunshine]

Thanks for the replies everyone.

 

For #1, I didn't think it would be an issue at all, but some people on visa journey claim we should be prepared to answer questions about that denial. I worry they would get the wrong impression applying for the K1 so soon after an F1 was denied.. as if our intent was to miss-use the F1. Of course, that was not the intention as we weren't even engaged at that time.

 

#2. I'll include the previous 3 years of tax returns, even though I didn't make sufficient income the first 2 years. I was taking at least part time classes during those years of insufficient income, and of course I make more than enough at my current job.

 

On #3, we do plan to have a wedding party in China, but it will likely be a few years later. Of course, it would be great if her parents could be here for the wedding in the US, and it'd be very nice to show them where we'll live, and what things are like here.

 

For #1, you just want to make sure (when you fill out the P4 paperwork) that she admits she was denied for a visa before. Sunshine tried to get a B-2 (tourist) visa but was rejected for insufficient ties in 2006 but listed this on her application. It never came up in our interview, but had she lied... might have been trouble.

 

For #2, your current income and the permanence of your job matter more than the past, especially if it is explainable. You can write a letter as an attachment to your I-134. I did this. I even went to American Citizens Hour to explain this situation prior to the interview. Since the objective is for the visa officer to understand your situation in its entirety, this may help you when you get to that stage.

 

For #3, her parents and your fiancee are qualifying under completely different conditions. Unless her parents can show many trips abroad and have strong ties to China (lots of assets, a business they own that is substantial, etc.), it may be a bit difficult for them to qualify.

Edited February 24, 2008 by I love Sunshine (see edit history)

[yuehan123]

One thing for sure, if her parents do not apply for a visitor' visa they will not be able to attend the wedding. Seems to me as if somebody on CFL got lucky and family was able to come to USA and attend the wedding.

 

As for your logic, something like "...of course her parents will return." Throw logic and common sense out the window. Those things and GUZ worker's decisions are mutually exclusive.

 

Look at it like winning the lottery. No play, no gain.

[LeeFisher3]

To address question #1, I would avoid making an issue of a denied student visa as the date of the student visa denial and your filing are less than 2 months apart. But it is important that this denial be disclosed on the DS-156 question 31 as they will already have access to this information and not disclosing is reason for denial as stated in item 41.

 

Many people in China are refused student and visitor visas for various reasons.

 

This issue may come up, but I don't see anything you can do up front to counter questions without making a case for a suspicious VO to request more information or worse.

 

You may want to begin to write an evolution of your relationship letter, this will be an open ended document as you will want to include the day you received the interview date. I would avoid mention of the F-1 visa denial in this letter due to the closeness of the denial and your engagement since the VO could easily be lead to a conclusion you don't want them to have.

[warpedbored]

As far as income, there is nothing in the I-134 instructions that say income tax returns or transcripts are required unless you are self employed. Even then only one year is required. Technically the I-134 isn't a required document but I would do it anyway. If your current income is adequate for the last year you should be fine.

[Brian & Kathy]

Sorry for the slow reply. I guess it took me a while to think things over and make this reply.

 

When we submitted the petition, we included a letter describing the evolution of our relationship, how we met, and we included several things that you said not to in your post. We mentioned that she was denied the F1 visa and because of that we realized our true feelings and engaged shortly later. (I will post the exact wording when I'm home this evening, as it could be important). Maybe it wasn't best to disclose this without their asking, but it is the honest truth.

 

The full intention of the letter was for showing how we met and the evolution of the relationship. The F1 denial was an important part of the evolution of the relationship, so it was natural to include it. The mentioning of the F1 visa was literally a single sentence buried in how our relationship had grown over the past 2+ years. I hope it doesn't raise suspision as or a red flag as you were worried it could.

 

To address question #1, I would avoid making an issue of a denied student visa as the date of the student visa denial and your filing are less than 2 months apart. But it is important that this denial be disclosed on the DS-156 question 31 as they will already have access to this information and not disclosing is reason for denial as stated in item 41.

 

Many people in China are refused student and visitor visas for various reasons.

 

This issue may come up, but I don't see anything you can do up front to counter questions without making a case for a suspicious VO to request more information or worse.

 

You may want to begin to write an evolution of your relationship letter, this will be an open ended document as you will want to include the day you received the interview date. I would avoid mention of the F-1 visa denial in this letter due to the closeness of the denial and your engagement since the VO could easily be lead to a conclusion you don't want them to have.

Edited March 3, 2008 by Brian & Kathy (see edit history)

[Brian & Kathy]

I checked what I had sent to USCIS, and we did in fact not mention about the F1 visa denial in the letter.

Edited March 4, 2008 by Brian & Kathy (see edit history)