ACH on Monday, September 8, 2007

[manwithafork]

Hey all.

[important bit]

I was at ACH. I asked the lady to confirm that I did not need to prove residence in the USA for a K1. She did not confirm.

She says I need to prove residence, but I thought that was only for CR1?

Can anyone confirm this (with a link to an official government document) ?

[/important bit]



Anyway the expirience was like this: I arrived about 1:35. I told the officer I was there for American Citizen's Hour. He waved me to the right.

After going through security I found a line with more than 30 other people standing or sitting. I got to the back of the line.

About 20 more people come in and around 2:00 they started handing out numbers. I went and got a number and there was also a form to fill out with case number, contact info and questions.

So I wrote down my questions.

Sometime vaguely around 2:30 they started calling numbers. There was a red leaderboard where the numbers appeard sometimes. I almost missed my number because i was chatting with someone and it did not appear on the leaderboard.

The do not call the numbers in numerical order, though I think there is some sort of system?

I went to the window. The VO was friendly and nice, but not incredibly willing to commit to any specific answer.

My questions were thus: (as I remember ever so vaguely)

1. We don't need to prove residence for a K1, do I?
A. Yes you do.
OH? What sort of documents do we need?
What documents do you have?
Well, I have my bank records and a job offer in the USA
(Can't remember what she said, but I got the impression the job letter was useless)
Did you file your taxes?
Yes.
Did you put your US address or China address.
I think I put mu China address.
Oh.
(We chat for a bit about taxes)

2. Do I need to get a notarized copy of my tax returns and passport?
(noncommittal answer, leaning toward the negative) but it wouldn't hurt to have it done.

(note: later I went to get my tax returns notarized at ACS and the lady says "how am I supposed to notarize this?" or something like that? So I just had the I-134 notarized.)

3. Which of my father's (co-sponser) financial documents will the VO want to see?

(my father gets most of his money through real estate investments, so he had gave me a five-inch folder of financial evidence)

Answer:
For sure want:
I-134
3 years of tax statements
Letter concerning SO's relationship to him

Probably want:
W2s

Probably no (but bring it anyway):
Annual income letter from employer
Detailed discloser of notes receivable
Letters from bank officers regarding accounts
Letters of recommendation
Personal holdings (net worth)
Titles to properties
Broker's price opinion
Articles of incorporation for his 2 companies

4. We don't have any phone records. Is that a problem?
(I explain our situation)
not a problem. (a committed answer. cool!)

5. We don't remember the exact date of our 2nd meeting. problem?
(much longer explanation, explaining why I have no plan ticket, visa, or passport stamp that shows this information)
well, if she explains everything just as you explained to me then that should not be a problem.

The end?

[Guest WenDylan]

Thank you for sharing your experience in such detail!

[Guest Mike and Lily]

You don't need notarized tax returns but you DO need tax transcripts ordered from the IRS.

 

http://www.irs.gov/individuals/article/0,,id=110571,00.html

 

You DO need a notarized copy of your passport, even if she brings the original with her to the interview. It sounds ridiculous, but true. My wife was asked for mine even though she had the actual passport with her.

[Guest Rob & Jin]

Umm..... well as a K visa is for coming here to marry/ settle I can see why they would be interested in where you both will be living.

 

If I remember correctly on the I-156 the benifaciary has to list where s/he will be living.

 

Dan or Randy will know if there is a "official" document"

 

But remember just because there may not be, doesnt mean it may not be important to the VO in their assessment of "bonefide"

 

good luck

[dale7570]

You don't need notarized tax returns but you DO need tax transcripts ordered from the IRS.

 

http://www.irs.gov/individuals/article/0,,id=110571,00.html

 

You DO need a notarized copy of your passport, even if she brings the original with her to the interview. It sounds ridiculous, but true. My wife was asked for mine even though she had the actual passport with her.

 

 

i gave my honey my passport and notarized copy for the interview but they were never asked for. i guess it depends on the vo. i had notarized copies of my 2007 tax returns and all was ok.

[dnoblett]

I-134 can be filled out and provided by US citizen to show support of the NON-Immigrant K-Visa holder, and I-134 does NOT require proof of US domicile.

 

I-864 used for IMMIGRANT visas like CR-1 and IR-1, and used for adjustment of status DOSE require US domicile.

[manwithafork]

Well, she got a blue slip today. They say I need to send documents showing I have maintained domicile, or that I intend to re-establish domicile.

 

How on earth can I do that?

[Guest WenDylan]

Well, she got a blue slip today. They say I need to send documents showing I have maintained domicile, or that I intend to re-establish domicile.

 

How on earth can I do that?

Documents such as... utility bills with your name on it? Mortgage payments? Just an idea... until dnoblett can really answer your question... he's the pro!

[C4Racer]

Can anyone confirm this (with a link to an official government document) ?

 

Here are five links:

 

http://travel.state.gov/visa/immigrants/ty....html#Immigrant

 

http://travel.state.gov/visa/immigrants/in....html#_Domicile

 

http://guangzhou.usembassy-china.org.cn/iv_faqs.htm

 

http://manila.usembassy.gov/wwwh3207.html

 

http://manila.usembassy.gov/wwwh3204.html

 

 

The first two are from Dept of State website. The third is from GUZ. The last two are from Manila.

 

They each state that, All petitioners must have US domicile to sponsor an immigrant. This is regardless of country and visa type. K visas are a non-immigrant visa, yes, but they carry the intent to immigrate so you must satify the US domicile for this type of visa as well.

 

A Fianc¨¦(e) Is Also an Immigrant

 

Because a fianc¨¦(e) visa permits the holder to immigrate to the U.S. and marry an American citizen shortly after arrival in the United States, the fianc¨¦(e) must meet some of the requirements of an immigrant visa.

 

 

How can a petitioner establish a domicile?

 

When a sponsor has clearly not maintained a domicile in the United States, he/she will need to re-establish a U.S. domicile in order for him/her to be a sponsor. The sponsor may make a number of steps to show that he/she considers the United States his/her principal place of residence. Examples of things he/she can do are given below:

 

Find a job in the United States

Locate a place to live in the United States

Register children in U.S. schools

Make arrangements to give up (relinquish) residence abroad

Other evidence of a U.S. residence

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsored immigrant may not enter the United States before the sponsor returns to the United States to live. The sponsored immigrant must travel with the sponsor or after the sponsor has entered the United States

 

What are the documents a K-1 applicant needs to submit?

 

A fianc¨¦(e) is considered an intending immigrant and therefore must present documents similar to those required for an immigrant visa applicant.

 

 

What are the main reasons a K-1 visa is denied?

 

K-1 applications are subject to the same review standards as immigrant visa applications. The main reasons for visa refusal are: lacking documentation; need to review or verify evidence; lack of a petitionable relationship; misrepresentation of the facts; medical concerns; criminal grounds and potential public charge.

 

Basically, the intent to immigrate requires K1 petitioners and applicants to be set to the same standards as any CR or IR visa.

Also, you will see how DOS and Manila Embassy describe ways for you to establish domicile.

Edited September 16, 2008 by C4Racer (see edit history)

[manwithafork]

Hey C4 thanks a lot. But . . . It still does not seem very clear to me . . .

 

Because a fianc¨¦(e) visa permits the holder to immigrate to the U.S. and marry an American citizen shortly after arrival in the United States, the fianc¨¦(e) must meet some of the requirements of an immigrant visa.

 

Says the fiance must meet the requirements. not me.

 

The sponsor must also have a domicile (residence) in the United States.

 

I'm not a sponsor. I never filled out a I-864 form. They are not required for a K1.

 

The Manilia links state that Domicile is required for IR and K3 visas, but not K1 visas.

 

Even if it is so and I must prove domicile (which seems to be the case) I do not understand why.

 

The reason can't be financial. The VO never even looked at our financial stuff. So it must be they doubt our relationship because I don't live in the USA??????

[Randy W]

I would think it was also stated very clearly on your blue slip

 

It seems like these things were made very clear to you before the interview

Edited September 16, 2008 by Randy W (see edit history)

[dnoblett]

Hey C4 thanks a lot. But . . . It still does not seem very clear to me . . .

 

Because a fianc¨¦(e) visa permits the holder to immigrate to the U.S. and marry an American citizen shortly after arrival in the United States, the fianc¨¦(e) must meet some of the requirements of an immigrant visa.

 

Says the fiance must meet the requirements. not me.

 

The sponsor must also have a domicile (residence) in the United States.

 

I'm not a sponsor. I never filled out a I-864 form. They are not required for a K1.

 

The Manilia links state that Domicile is required for IR and K3 visas, but not K1 visas.

 

Even if it is so and I must prove domicile (which seems to be the case) I do not understand why.

 

The reason can't be financial. The VO never even looked at our financial stuff. So it must be they doubt our relationship because I don't live in the USA??????

 

From USCIS:

Who is Required to Be a Sponsor?

 

If you filed an immigrant visa petition for your relative, you must be the sponsor. You must also be at least 18 years old and a U.S. citizen or a lawful permanent resident. You must have a domicile in the United States or a territory or possession of the United States. Usually, this requirement means you must actually live in the United States, or a territory or possession, in order to be a sponsor. If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, so that you still have your domicile in the United States.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

This page covers both I-134 and I-864.

 

I always say the consulates treat the I-134 like a mini I-864 and prefer the same financial evidence, and in your case "domicile", a K-Visa beneficiary is considered to have immigrant intent, so visa is processed much like an immigrant visa, that is why the IV unit in GUZ handles K-Visas even though the K-Visa is "NON-Immigrant"

 

You need to provide them evidence that you did not give up US domicile, or that you are re-establishing domicile.

 

How can a petitioner establish a domicile?

 

When a sponsor has clearly not maintained a domicile in the United States, he/she will need to re-establish a U.S. domicile in order for him/her to be a sponsor. The sponsor may make a number of steps to show that he/she considers the United States his/her principal place of residence. Examples of things he/she can do are given below:

• Find a job in the United States
  
• Locate a place to live in the United States
  
• Register children in U.S. schools
  
• Make arrangements to give up (relinquish) residence abroad
  
• Other evidence of a U.S. residence
  

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsored immigrant may not enter the United States before the sponsor returns to the United States to live. The sponsored immigrant must travel with the sponsor or after the sponsor has entered the United States.

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

 

Things that may be used to show NOT giving up domicile.

 

Home/apartment rental agreement.

Mortgage agreement.

US bank account.

US driver's license.

Mail delivered to a home in the USA.

Filing IRS returns using US residence address.

Absentee voting records.

[dnoblett]

Hey C4 thanks a lot. But . . . It still does not seem very clear to me . . .

 

Because a fianc¨¦(e) visa permits the holder to immigrate to the U.S. and marry an American citizen shortly after arrival in the United States, the fianc¨¦(e) must meet some of the requirements of an immigrant visa.

 

Says the fiance must meet the requirements. not me.

 

The sponsor must also have a domicile (residence) in the United States.

 

I'm not a sponsor. I never filled out a I-864 form. They are not required for a K1.

 

The Manilia links state that Domicile is required for IR and K3 visas, but not K1 visas.

 

Even if it is so and I must prove domicile (which seems to be the case) I do not understand why.

 

The reason can't be financial. The VO never even looked at our financial stuff. So it must be they doubt our relationship because I don't live in the USA??????

Unfortunately yes you are the Primary sponsor, you filed the I-129F for a fiancee, and you are required to be primary sponsor for the intending immigrant.

 

All K-Visas are filed for using I-129F so what Manilla has for K-3 applies also to K-1, K-2, and K-4.

 

Seoul has this:

Q: If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?

 

A: No. The USCIS Office of General Counsel has determined that under the act and regulations, a joint sponsor cannot be authorized in cases where the petitioner cannot be a sponsor by virtue of domicile. The petitioner must first meet all requirements for being a sponsor (age, domicile, and citizenship) except those relating to income before there can be a joint sponsor.

(Petitioner = person who files the petition either I-129F or I-130 I suspect they too hold I-134 to the same standards as I-864.

 

http://seoul.usembassy.gov/affidavit_of_support3.html#eight