Filing K-1 petition

[Henry and Mei]

A couple of things to think about before even looking at the forms.......

 

First and foremost, believe in your case. Second, whatever you might read, remember that whoever is reading your petition is a human and above all else deserves respect.

 

You want that person pulling for you and not fighting against you.

 

This process is in so many ways subjective.........even sometimes it seems coming down to what side of the bed they woke up on....

 

So if you can, make their job simple. Try to save them time, so that when they look at your case, they know you are serious and for real. It will allow them to look at cases that are not as well prepared, since they can feel good about their decision to move your case forward....eventually receiving a visa for your SO.

 

Secondly, it seems overwhelming......and it can be, so break it down into parts.........

 

Your petition should focus completely on your true, real "bona fide" relationship. Financials will come later......

 

I decided to build a strong case and added extra material that will be looked at later down the road, but do not get carried away.

 

Like doing a research paper that is short on content, so you pad it to hope to receive better marks......

 

Simply do not do it........you are wasting your time and theirs. And they will know it. They look at these things everyday........

 

Everything and I mean everything you present is to have a specific purpose and paint a picture. A picture that these 2 people love each other and are willing to do whatever it takes to be together......

 

And by that I mean.......research.......go through this forum as well as you can and find the things that work for you and your petition....

 

One final thought, since my case is moving very fast.......

 

Your case is unique. Let them know it. Add your own flavor to it.....

I took chances in a few areas, because it is hard trying to know what the person reading your file is really looking for.

 

I spent weeks thinking of what I was going to do with the evolution letter/timeline......Ended up having only a couple of hours to complete before I needed to make copies and send EM before I was back on the plane to China......

 

My whole petition tells the story, so I simply spoke with my heart in the evolution letter. Leaving the detailed timeline/evolution letter for her interview (I am talking about my case, but your case may need this, you have to decide).....I didn't want to get wrapped up into telling them everytime I bought her flowers or when we took a walk along the beach or went to a movie or park...I just wanted to let them know how I felt about her.....what are goals are....basically, the only time to talk about your relationship to them and I kept it to just over 2 pages..

 

So build the case around your loving relationship that hopefully no one can question it........and simply be prepared, if it happens...since like it or not that is their job.....

 

Oh and one last thing. When reading my evolution letter on the plane I made 3 simple typos....it made me cringe.....almost death on a cover letter/resume.....but the more I read it, the more human I sounded and when I see a mistake, I tend to really focus on the subject matter....

 

So do not sweat all of the small stuff, but be precise on the forms. There is little room for error here, although some have passed....

 

Good luck to us all........and have a memorable Memorial Day weekend!

[david_dawei]

very nice post.

 

I tend towards this point of view and why I don't use the word "front load" since that sounds like a kitchen sink approach of throwing in stuff which distracts. If the package is focused and the letter is focused, then the review can stay better focused, IMO.

 

The one item I might disagree with is that as every case is unique, for some it may be beneficial to explain their financial situation IF they think a VO may question some aspect of it. Maybe this could be the start of a new type of letter, so it does not distract from the 'evolution of relationship'.

[Bert]

That's good advice. I think that's key, make their job easy. I don't believe in the kitchen sink approach. Anything that you might provide they may want you to back it up. Don't put anything out there you can't back up; i.e., don't give them the rope to hang you. I think the Letter of Evolution is an excellent opportunity to lead the VO in the direction want to them to take. Just make sure your SO knows the information in the letter. I may find out otherwise, but I plan to be organized, concise, and to the point and will be prepared to back up everything.

 

I think it is a big mistake to think there is any logic involved. You just have to put your self in the mind of a VO and ask what would make your job easier. I'm sure their job is based on statistics where they are expected to approve or reject a certain percentage. Don't make it easy to reject your case. Make them feel good about approving it, because they will likely have to justify it.

[usagroom]

Since the I-129F does not ask for a "Letter of Evolution" I filled in the text box they provided, short and sweet. I did include copies of plane tickets, hotel and gift receipts, a few emails and phone/online logs, and a few pictures. Total package with cover letter was about 100 pages.

[BrokenHeart]

Henry, I think you have been drinking the kool-aid to long, and i dont mean that in a bad way. You cannot and will not lead these people at GUZ to the file and have them believe everything they read. If you send money every month, "why are you buying your bride", if you dont send money every month, why dont you love her enough. Send 5000 pages are you trying to hide something, if you send not enough they question that. The petetioner is at their MERCY and they are the GOD. The best one is "not a bonafide relationship" case closed and you will never know why. That is the out they have and believe me they use it and could not care. As you go down this logic path they will prove you wrong everytime. Its their GUT FEELING at the infamous GUZ.

A mind is a terrible thing to waste, and they have none at GUZ.

I wish you all the OOD LUCK and for a fast time and no exceptions in your case.

[Henry and Mei]

Hey Brokenheart,

 

I understand in some ways your feelings from reading all the posts. And yours was the first to really get me to question things (and Jeff's being the last), when I read the news about you and your wife deciding to call it quits.....

 

Hope things really work out for you.

 

Basically, I am in shell shock about the speed of my petition and have had such a hard time re-focusing on the tasks at hand, since I won't say I rushed to file since this process in the past has been so long, BUT I have never had any children like my fiancee. We both desire to see if we can have a child. Of course, she is getting at the age that there are real concerns about health risks........so I am doing all I can to get this right......

 

So after being with her, I had no doubts she is the ONE.

 

And we both are going to endure this process for however long it takes......of course, sooner would be better......

 

But to convince the STATE, we have to file. And I have done all I can to get it right, so I am happy no RFEs at least and now for the interview process at GUZ......and somehow a kind hand has speeded this along.

 

And many have been rather kind to DavidLuo, but another reason I started this thread.....is that in my subjective opinion, he presented a really bad case for his wife to GUZ.....

 

And in a way it seems from reading the initial thread, he almost expects them to issue her a visa even basically ignoring the first denial.

 

I know many have done this also. Re-filed and move on. But for some reason, he is simply taking his time....

 

We both know that GUZ just does not rubber stamp and hand out visas.... You do not even have to spend a day reading on this site to know this.....

 

He has not done his research.......he has not presented a good case..... But he still can go back and challenge and looking at his situation he clearly knows at least some of the issues....

 

This is a brutal process, which I am sure we both can easily agree on.

 

And unfortunately, very subjective and sometimes the deck is not stacked in your favor. Sometimes reasons possibly out of your control...

 

All I know is the petition that you present is totally in your control.

 

And I often go back and re-read my posts, since when I send, I am just writing my thoughts with no editing or checking for syntax and the such.....hoping the posts are coherent....

 

Yesterday, I noticed you reading this thread and I had a good idea of your thoughts......

 

Simply I wish us both success and happiness......

 

Have a great Memorial Day weekend, I need to get away from this computer

[Henry and Mei]

And of course, I did not mention anywhere in my petition about wishing to have children......

 

That would not be a concern of theirs, just ours.......

 

But another reason, I hope I presented a good case......and like you mention Brokenheart, how much in any of the areas is too much or too little.......

 

You have to guess and take chances.......

 

Just like the photos. I could have sent DVDs, video, albums.......

 

I have seen posts of only a handful like the emails....

 

Simply for whatever it is worth, you have to at least try to go with the reasonable person thinking.......that is what I did.

 

I presented my case with this thought in mind. Giving them enough to make a reasonable decision in lieu of boring them to tears with too much....Like in DavidLuo's case, I have hundreds of photos and emails and such.......and almost countless receipts.....I would be sending them everything......not simply 15 photos showing how much we love each other.....

 

You simply cannot be afraid of this process.......even though it causes many sleepless nights wondering, if you did all you could and hopefully got it right in the eyes that count at GUZ.....I have to still believe in the reasonable person thinking........

 

Until GUZ proves me wrong.......since that is how I presented my case.

[Bert]

There probably is logic involved in the process, but it is unknowable, so, therefore, from the outside, it appears it appears to be illogical and purely subjective.

 

I have no idea how the process works, but I imagine that the petition has been reviewed by someone at GUZ and notes have been made about certain concerns before the VO at the window receives it. It's the VO's duty to probe these concerns further. Someone mentioned that their idea was that you earned brownie points along the way; the more you earn, the better your chances. My view is, whether officially or mentally, you start out with so many points and get deductions along the way. If you have a high number of points left, the interview goes smoothly. If you have a low number of points, the burden of proof is higher. The lower the points, the easier it is to deny the visa. This is where the preparation of your case comes in. You must avoid creating doubt. Too much information is as bad as not enough. The Letter of Evolution, although not required, can be an excellent opportunity to address any weaknesses in the case as well as to prepare your SO for questions the VO might ask.

 

There is no sure way, no guaranties, but that does not mean that it is futile to put your best effort into preparing and organizing the case. If all about making your chances the best they can be. It's like someone that suggested power dressing when you demand to see someone in charge. There's no guaranty, but I bet it does improve your chances. You don't have to be there for the interview, but it improves the perception of the VO if your SO can produce your passport at the interview.

[Guest jin979]

there has been much discussion over a longtime on case presentation and evidence.

 

we did front load with documents such as my family registry.passport.ID card. his passports. all divorce papers, but evolution letter we saved until ACS before interview.

 

every case is different.different visa require different types of evidence at different times. the proof needs to come from us and what i hate to see is a benificiary being sent ill prepared and alone to the interview.

 

i really dont understand why a pertitioner will not prepare their case carefully in detail and not be there for what is the most important day of their lives.

 

i was shocked when i was GZ staying at the Yangs how many women were there alone and lacking important documents for the case.

[Guest shutterbug]

I think the original post was well thought out.

 

Many in this forum compare the visa application process to a criminal trial. That's completely wrong. In a criminal trial, the burden is indeed on the prosecution to prove guilt beyond a reasonable doubt; in a visa application, the burden is on the applicant (and petitioner in the case of CR/IR/K visa) to show he/she meets the requirements. This is the standard protocol and goes far beyond US Department of State and extends to diplomatic missions of other countries. For non-immigrant visas, the applicant must overcome the presumption of intent to immigrate (K is not really a "non-immigrant" visa); for CR/IR/K visas, the applicant must overcome the presumption of no bona fide relationship.

 

Whether one thinks this is fair or not, or rather "intent" can be evaluated easily, is not the point here. For those who have been denied a visa, it is natural for them to feel upset; but after the initial shock is over they have to figure out what to do next and make some tough choices. For those who are still waiting for their turn at the interview, it pays to read stories of approvals and denials, and be proactive about aspects of their case that may be perceived as weakness. But it doesn't help to dwell on the denied cases and it is even worse to let your SO become fearful of certain VO's - it only increases the level of stress. Be prepared and be confident, after all most cases are approved.

Edited May 24, 2009 by shutterbug (see edit history)

[david_dawei]

but evolution letter we saved until ACS before interview.

did Rob post about this? Would like to read any comments.

 

I recently talked in email with someone about their case and an EOR letter.. and said they should try to get one to the consulate before the interview; wasn't sure if ACH or ASC was the way to do it.

[david_dawei]

All I know is the petition that you present is totally in your control.

Not just the petition, but every piece of documentation and evidence that you provide. Over the years, it's amazing how many denials come from documentation or evidence provided. From start to finish, there needs to be a more meticulous approach.

 

 

Since the I-129F does not ask for a "Letter of Evolution" I filled in the text box they provided, short and sweet.

that is true. UCSIS doesn't need that to prove you qualify to file for a visa. GUZ often asks for it to prove you qualify for the visa.

 

Because of this denial trend requesting a EOR letter, members began to submit it with the petition since that was a sure fire way to get it to the VO in advance. It seems the USC can still slip it in the process if they visit ASC (or ACH)... Not sure if they will take it at the morning interview check-in with the other papers.

 

Many in this forum compare the visa application process to a criminal trial. That's completely wrong. In a criminal trial, the burden is indeed on the prosecution to prove guilt beyond a reasonable doubt; in a visa application, the burden is on the applicant (and petitioner in the case of CR/IR/K visa) to show he/she meets the requirements. This is the standard protocol and goes far beyond US Department of State and extends to diplomatic missions of other countries. For non-immigrant visas, the applicant must overcome the presumption of intent to immigrate (K is not really a "non-immigrant" visa); for CR/IR/K visas, the applicant must overcome the presumption of no bona fide relationship.

 

Whether one thinks this is fair or not, or rather "intent" can be evaluated easily, is not the point here. For those who have been denied a visa, it is natural for them to feel upset; but after the initial shock is over they have to figure out what to do next and make some tough choices. For those who are still waiting for their turn at the interview, it pays to read stories of approvals and denials, and be proactive about aspects of their case that may be perceived as weakness. But it doesn't help to dwell on the denied cases and it is even worse to let your SO become fearful of certain VO's - it only increases the level of stress. Be prepared and be confident, after all most cases are approved.

good post.

 

I always compared the application process to a credit card request... if you don't meet their basic requirements to file (ie: USCIS) and then the more detailed requirements (ie: GUZ), you don't get the credit card... The burden is on the filer !

[ChrisA]

In respect to all the individual replyies here which right on point to this whole process, and something I did in advance to my SO interview was to email a copy of the EOR to the GUZ, and I did make sure she had the notarized typed and hand written EOR's at the interview. This also insures that GUZ does read the EOR and that it is also placed in the petition folder.

 

My reasoning was prior to our engagement (my visits to her), I was still in divorce proceedings, therefore I did wanted to dispell any negative thoughts GUZ might have (questions), by letting them in advance straight from the horse mouth the truth about our relationship and that she wasn't the reason I was in divorce proceeding in the first place. Devoted the entire first paragraph to this subject.

 

This included information about the date and time my separation and relocation from Europe back to the USA. Also this accounted for all my 6 trips to China, places we visited, being there for her birthday, and any relevant Holiday's.

 

As ar as I know this wasn't addressed in the interview period, nor was the EOR letter asked for.

[Scott@Hong]

i was shocked when i was GZ staying at the Yangs how many women were there alone and lacking important documents for the case.

 

 

Not everyone has the means to up and go whenever GUZ decides the interview date. Most will make the attempt but there are many reasons why a person may not be able to attend with fiance.

[Henry and Mei]

i was shocked when i was GZ staying at the Yangs how many women were there alone and lacking important documents for the case.

 

 

Not everyone has the means to up and go whenever GUZ decides the interview date. Most will make the attempt but there are many reasons why a person may not be able to attend with fiance.

 

Welcome to CFL, Scott.....

 

If you do not know already, applying for a visa for your SO is more a subjective than objective process.

 

So for your first post, I subjectively question it. We all know how difficult it can be to make these arrangements. Use the timelines to help you plan, but basically 2 months from submitting the P3 you should be thinking interview.....

 

And another very obvious point, is this is one of the most important days of her life/your life. And if you truly love each other, she will need you there. Your choice....

 

So I hope you don't simply attempt to get your SO her visa also, since she is basically going to face our government with the work you prepared for her petition, but you can let her go alone.....

 

Besides, if you read the threads you are going to find gentlemen in China that know this process, can lodge you, help her go to her medical, review your documents, etc..... You cannot put a price on this.....