British Expats

British Expats (https://britishexpats.com/forum/)
-   Marriage Based Visas (https://britishexpats.com/forum/marriage-based-visas-35/)
-   -   update (https://britishexpats.com/forum/marriage-based-visas-35/update-766831/)

aaronjamie Jul 31st 2012 6:45 am

update
 
hey guys
so after mailing our initial application for the k1 visa on about january 10th, my fiancee received the acceptance letter letter on around july 20 confirming the i129f was accepted and that the next step would be my embassy (london) contacting me

two questions:
1)is this done by telephone or do they send me a letter?
2)how long does it usually take for contact to be made?

thanks!

jeffreyhy Jul 31st 2012 7:26 am

Re: update
 
Letter.

A month, plus or minus. Plan on plus due to vacation season and the olympics.

Your fiancee should also receive a letter from the NVC telling her that it has received the approved petition from USCIS and has sent it on to the consular section.

aaronjamie Jul 31st 2012 8:50 am

Re: update
 
haha, yeah she did
and funnily enough, i just got home and my letter is here, with the case number and everything at the bottom

so what's the next step?

and actually..question. we're going to be using my fiancee and a co-sponsor as affadavits of support- does that mean if by the time i go into the interview, and as long as that all checks out, it's okay if i have zero savings?

i'd really prefer to go in there with a few thousand pounds saved up, and i won't be in that position til september-ish,as we've just paid practically all our wedding costs

Noorah101 Jul 31st 2012 9:03 am

Re: update
 

Originally Posted by aaronjamie (Post 10203499)
so what's the next step?

Does the letter not specify what to do?


we're going to be using my fiancee and a co-sponsor as affadavits of support- does that mean if by the time i go into the interview, and as long as that all checks out, it's okay if i have zero savings?
There is no co-sponsor for the I-134. Only one person can be your financial sponsor and do an I-134 for you. If your fiancee does not have enough income/assets, she can get someone else to do an I-134. If that person has enough income and/or assets, it will be accepted. You do not have to have anything in your own savings.


i'd really prefer to go in there with a few thousand pounds saved up, and i won't be in that position til september-ish,as we've just paid practically all our wedding costs
A few thousand pounds probably wouldn't be enough to alleviate the need for an I-134 anyway.

Rene

Noorah101 Jul 31st 2012 9:05 am

Re: update
 

Originally Posted by aaronjamie (Post 10203499)
...as we've just paid practically all our wedding costs

Hopefully you didn't book a date that can't be changed, and you didn't pay any money that can't be refunded....just in case.

Rene

aaronjamie Jul 31st 2012 9:16 am

Re: update
 
nope, we already changed it once, from september to november, it can be changed again with no charge

thanks for the help guys

the letter provides a web address with the next steps- but from history, i don't think the guidelines are always that clear

are all these 'forms' online? or do we mail them?

jeffreyhy Jul 31st 2012 9:29 am

Re: update
 
The next step is to read the letter.

Originally Posted by aaronjamie (Post 10203499)
haha, yeah she did
and funnily enough, i just got home and my letter is here, with the case number and everything at the bottom

so what's the next step?

Actually, you'll be using one or the other. And yes, it's OK if you're destitute - that's why the sponsor.

Originally Posted by aaronjamie (Post 10203499)
and actually..question. we're going to be using my fiancee and a co-sponsor as affadavits of support- does that mean if by the time i go into the interview, and as long as that all checks out, it's okay if i have zero savings?

As 'septemberish' is only a month away, you should have your few thousand pounds by the time of your interview.

Originally Posted by aaronjamie (Post 10203499)
i'd really prefer to go in there with a few thousand pounds saved up, and i won't be in that position til september-ish,as we've just paid practically all our wedding costs

Regards, JEff

Noorah101 Jul 31st 2012 9:41 am

Re: update
 

Originally Posted by aaronjamie (Post 10203532)
the letter provides a web address with the next steps- but from history, i don't think the guidelines are always that clear

The next step is to go to that website, read those instructions, fill out those forms, collect any data/paperwork needed, and send back whatever is required to the consulate in order to get your interview date. Now that you have your case number, you can book your medical exam. The consulate will not give you an interview date until they receive your medical results. If you have not done so already, you'll need to get your police report and bring a copy of it with you to your interview. So judge the timing accordingly.


are all these 'forms' online? or do we mail them?
The forms are all on line. You can fill them out online (I believe they are fillable forms). You'll print them out and either mail them in or bring them in person, depending on what the consulate instructions say to do.

Rene

aaronjamie Jul 31st 2012 9:42 am

Re: update
 
thanks for the help

i looked on the website, it looks pretty clear

so do i schedule my medical appointment and then wait until that's done til i schedule my visa interview? how quickly are both of these arranged?

Noorah101 Jul 31st 2012 9:46 am

Re: update
 

Originally Posted by aaronjamie (Post 10203560)
so do i schedule my medical appointment and then wait until that's done til i schedule my visa interview?

You can't schedule your visa interview, the consulate will do that for you. If you have your police report in hand, you can go ahead and schedule your medical (you need to take a copy of your police report to your medical exam appointment). The consulate won't give you an interview date until they receive the results of your medical.


how quickly are both of these arranged?
How quickly the medical is arranged depends on how soon their first available appointment time is. Sometimes it could be within a few days, or could be several weeks. You won't know until you call to book the appointment. Make sure you have your police certificate in hand before going to the medical, they need a copy of it.

It takes about a week for your medical results to reach the consulate. You might have to send in a "ready" checklist to the consulate so they know you're ready for your interview (i.e., you have everything on the checklist ready to go). I'm guessing the consulate will book your interview somewhere between 4 to 8 weeks later.

Rene

aaronjamie Jul 31st 2012 9:48 am

Re: update
 
also one more thing. affadavit of support. could it be my fiancee's mother?

she doesn't have a job, but through benefits - retirement stuff i guess you can - her husband was in the army all his life and she gets paid by them - and she receives just under $40000 a year - could we use her? or does it have to be someone in employment?

aaronjamie Jul 31st 2012 9:49 am

Re: update
 
thanks noorah.

so for the medical i need the police report. and the money for the fee. anything else?

Noorah101 Jul 31st 2012 9:57 am

Re: update
 

Originally Posted by aaronjamie (Post 10203567)
also one more thing. affadavit of support. could it be my fiancee's mother?

Yes, it can be anyone living in the USA who qualifies financially.


she doesn't have a job, but through benefits - retirement stuff i guess you can - her husband was in the army all his life and she gets paid by them - and she receives just under $40000 a year - could we use her?
Does the income come in her own name? If so, and she can document the amount she receives, then that should be fine.


or does it have to be someone in employment?
Income is income, whether it be from employment, retirement income, rental income, etc.

Rene

Noorah101 Jul 31st 2012 9:58 am

Re: update
 

Originally Posted by aaronjamie (Post 10203570)
thanks noorah.

so for the medical i need the police report. and the money for the fee. anything else?

Hmmm...maybe proof of vaccinations you've had. If you've ever had any medical issues, bring some proof that you no longer have those issues...a letter from your GP, for example.

Rene

aaronjamie Jul 31st 2012 10:01 am

Re: update
 
thanks noorah. you're wonderful. can we use her mother in law even if she doesn't get tax returns?

also - more on the medical interview. once that's complete do i get a receipt to send in with all the forms? or do they just send it on to the embassy themselves? and you say it takes a week or two - does that mean i should wait a week or two before i send in all the forms? and finally - this checklist - is this the ds-2001> or something else?

Noorah101 Jul 31st 2012 10:06 am

Re: update
 

Originally Posted by aaronjamie (Post 10203584)
thanks noorah. you're wonderful. can we use her mother in law even if she doesn't get tax returns?

Do you mean your fiancee's mother? Or your fiancee's mother in law (which would indicate your fiancee is married!) Or do you mean your future mother in law?

Why wouldn't she have tax returns? If she's earning $40K a year, she should be filing tax returns. If she wants to be your sponsor, she should immediately file the most recent 3 years of back tax returns, assuming she earned that much money each year.


also - more on the medical interview. once that's complete do i get a receipt to send in with all the forms?
You probably get a receipt for payment, but you don't need to send it to the consulate.


or do they just send it on to the embassy themselves?
The doctor sends the medical results directly to the consulate.


and you say it takes a week or two - does that mean i should wait a week or two before i send in all the forms?
You don't have to wait.


and finally - this checklist - is this the ds-2001> or something else?
I'm not sure. Instructions for the checklist should be on the link that came in your letter.

Rene

jeffreyhy Jul 31st 2012 10:11 am

Re: update
 
Point of clarification - no, it cannot be "anyone living in the USA who qualifies financially."

It's probably a good assumption that his fiancee's mother meets the other requirements, but we do not know that for certain.

Regards, JEff



Originally Posted by Noorah101 (Post 10203578)
Yes, it can be anyone living in the USA who qualifies financially.

Originally Posted by aaronjamie (Post 10203567)
also one more thing. affadavit of support. could it be my fiancee's mother?



Noorah101 Jul 31st 2012 10:15 am

Re: update
 

Originally Posted by jeffreyhy (Post 10203601)
Point of clarification - no, it cannot be "anyone living in the USA who qualifies financially."

I'm not sure what you mean, JEff. The I-134 sponsor can be anyone living in the USA who meets the financial qualifications (well, meets with the ConOff's approval). It can be a USC, a US PR, or even someone in the USA on an H1B. I suppose you're right, it can't be someone who is working in the USA illegally...the illegal income wouldn't count. But then again, when I say "qualify financially" that means with legal income/assets.

Rene

BibbyBear Jul 31st 2012 10:23 am

Re: update
 
If you've got all the documents ready:

birth/marriage/divorce certificates
police certificate
I134 (sponsor)
tax transcripts for the last 3 years (sponsor)
letter from bank (sponsor)
letter from employer & payslips (sponsor)
letter of Intent with original signature from your fiancee

then you can complete the forms, print them and sign where indicated, photocopy them and send them off to the Embassy straight away.

You don't have to wait until after your medical to do this as the Consulate will not schedule an interview until after they have received the medical results which are sent to them direct from the doctors at Knightsbridge.

If you have all of the above documentation in hand now, then ensure you complete the DS2001 giving the date of your medical - so, make sure you at least phone the Knightsbridge doctors first so that you can include this.

If you are missing any of the above, you can still send off the forms (it may be wise to do this anyway, as it gets you on the system) but don't send the DS2001 (Notification of Readiness) until you have everything in hand.

Of course, as Rene has already stated, you can't book your medical without your police certificate, so ensure you have that first.

I hope that helps a little and I hope I haven't missed anything off the list of documentation (I have just organised mine in a folder today ready to take to my interview next week, so it's still pretty fresh in my mind LOL!)

You will also need to take your letter from the Embassy, your passport and your emailed receipt of payment (when you have paid) with you to your interview.

I can say though, the Embassy website is relatively easy to follow and there are plenty of good instructions to be found on there and also on this forum to help with any uncertainties. So be sure to read all instructions thoroughly before completing and sending anything :)

Chrissy

aaronjamie Jul 31st 2012 10:25 am

Re: update
 
yeah, sorry haha, i meant my future mother in law - she doesn't get tax returns because her income - pension, social security, veterans payments - are all tax free

thanks for all the help guys. you people are amazing!

aaronjamie Jul 31st 2012 10:31 am

Re: update
 
thanks for the help bibby!

so basically. pay visa cost on phone. get police certificate. fill in all forms. get medical once police cert received. once medical done and they send to embassy, send in all the forms.

and all the while, get sponsor stuff sorted.

i then receive date and time for visa interview
take sponsor stuff, all the documents and photocopies, police certificate, visa payment receipt

anything missed out?

Noorah101 Jul 31st 2012 10:34 am

Re: update
 

Originally Posted by aaronjamie (Post 10203628)
yeah, sorry haha, i meant my future mother in law - she doesn't get tax returns because her income - pension, social security, veterans payments - are all tax free

This doesn't make sense. If she has any sort of income, if it's above a certain dollar amount (which it seems to be), then she is required to file a US tax return, and claim that income. Whether she has to pay tax on it or not is a different matter, and not something that concerns you and the I-134.

People who earn income from a pension, social security, or veteran's payments, STILL need to file a US tax return each year. If she has not done so, she should get started on filing the most recent 3 years of returns, if she wants to do an I-134 for you.

Rene

Noorah101 Jul 31st 2012 10:38 am

Re: update
 

Originally Posted by aaronjamie (Post 10203632)
so basically. pay visa cost on phone. get police certificate. fill in all forms. get medical once police cert received. once medical done and they send to embassy, send in all the forms.

This is not the way I read her post. I read it as:

Start getting the police certificate.
When all your forms are filled out, you can send them to the consulate.
When you have police certificate in hand, book the medical.
When you know the date of your medical, AND you have the I-134 and all other documents required, send in the DS-2001 readiness form.

Rene

BibbyBear Jul 31st 2012 10:47 am

Re: update
 

Originally Posted by aaronjamie (Post 10203632)

so basically. pay visa cost on phone. get police certificate. fill in all forms. get medical once police cert received. once medical done and they send to embassy, send in all the forms.

and all the while, get sponsor stuff sorted.

i then receive date and time for visa interview
take sponsor stuff, all the documents and photocopies, police certificate, visa payment receipt

anything missed out?

OK, the order I would do this now, as it appears you haven't got anything already sorted prior to the I-129F NOA is as follows:

1. Apply for Police Certificate (usually takes around 2 - 3 weeks to get that back)

2. Fill out all the relevant forms (as per your letter from London) (but NOT the DS2001 as you are not ready yet!) and send off to the Consulate along with the photocopies (I took an extra copy so I could keep one myself!)
NOTE..... step 2 can be done immediately, you don't need to wait for the police certificate.... London won't schedule your interview until your medical report has been sent to them anyway, but at least they'll have your application already logged on their system ;)

3. When you have your police certificate in hand, phone Knightsbridge and arrange your medical.

4. Attend medical

5. When all supporting documentation, letters etc have arrived from your fiancee/sponsor, complete the DS2001 and send to London.

6. Phone and pay for the K1 Visa application fee ($240) and print out the receipt that they immediately email to you - sign the receipt where indicated.

7. You should then receive a letter giving you your interview date..... take all supporting documentation (in duplicate), passport, receipt and appointment letter with you to the interview.

8. Smile if granted the Visa ;)


I hope this clears things up better for you?

As a side note, I was sent an interview date without sending in the DS2001, so be careful not to book your medical too early if it looks like it's going to be quite some time in accumulating all the documentation from USA etc.... you could end up having to re-schedule the interview if this happens :unsure:

Chrissy

Noorah101 Jul 31st 2012 10:53 am

Re: update
 

Originally Posted by BibbyBear (Post 10203653)
As a side note, I was sent an interview date without sending in the DS2001, so be careful not to book your medical too early if it looks like it's going to be quite some time in accumulating all the documentation from USA etc.... you could end up having to re-schedule the interview if this happens :unsure:

I agree with being careful. But if it does happen that the interview is scheduled and he doesn't have everything ready by that date, I wouldn't reschedule the interview.

I'd still attend the interview, and let the ConOff issue the request for the missing documents. He'll be given time to gather them and send it back to the consulate. I wouldn't risk trying to postpone the interview date.

Rene

BibbyBear Jul 31st 2012 10:57 am

Re: update
 

Originally Posted by Noorah101 (Post 10203660)
I agree with being careful. But if it does happen that the interview is scheduled and he doesn't have everything ready by that date, I wouldn't reschedule the interview.

I'd still attend the interview, and let the ConOff issue the request for the missing documents. He'll be given time to gather them and send it back to the consulate. I wouldn't risk trying to postpone the interview date.

Rene

I totally agree, that is exactly what I'm doing for my missing certificate (from Germany) but I wasn't sure if that was the "correct" thing to do or not, especially if missing several items, so I didn't want to offer bad advice (although, in telling him to reschedule, I suppose that was bad advice... sorry :o )

Chrissy

aaronjamie Jul 31st 2012 10:57 am

Re: update
 
bibby- you say send off the 'photocopies' in point 2. do you mean those two forms where you need two copies?

also, noorah
http://answers.yahoo.com/question/in...3165427AAFXzbx
http://www.visajourney.com/forums/to...it-of-support/

va benefits are exempt from tax -
from what i'm reading, we'd need a statement from the va to confirm how much she receives yearly, and a letter from the irs to confirm she is exempt from a tax, along with a letter from her bank

Noorah101 Jul 31st 2012 10:59 am

Re: update
 

Originally Posted by BibbyBear (Post 10203665)
I totally agree, that is exactly what I'm doing for my missing certificate (from Germany) but I wasn't sure if that was the "correct" thing to do or not, especially if missing several items, so I didn't want to offer bad advice (although, in telling him to reschedule, I suppose that was bad advice... sorry :o )

Chrissy

It's OK. :) Both are valid alternatives, but keeping the original appointment is less risky. The danger in trying to reschedule is that your notice of wanting to reschedule might not get to the proper person by the right time...and if they are expecting you to show up and you don't, you're a "no-show" and it's an automatic denial. It would be a huge pain to try to open the case back up again.

Rene

BibbyBear Jul 31st 2012 11:00 am

Re: update
 

Originally Posted by aaronjamie (Post 10203666)
bibby- you say send off the 'photocopies' in point 2. do you mean those two forms where you need two copies?

Yes :)

BibbyBear Jul 31st 2012 11:00 am

Re: update
 

Originally Posted by Noorah101 (Post 10203668)
It's OK. :) Both are valid alternatives, but keeping the original appointment is less risky. The danger in trying to reschedule is that your notice of wanting to reschedule might not get to the proper person by the right time...and if they are expecting you to show up and you don't, you're a "no-show" and it's an automatic denial. It would be a huge pain to try to open the case back up again.

Rene

Ah, I never realised that.... I'm so glad I didn't try to reschedule :thumbsup:

Noorah101 Jul 31st 2012 11:03 am

Re: update
 

Originally Posted by aaronjamie (Post 10203666)
bibby- you say send off the 'photocopies' in point 2. do you mean those two forms where you need two copies?

also, noorah
http://answers.yahoo.com/question/in...3165427AAFXzbx
http://www.visajourney.com/forums/to...it-of-support/

va benefits are exempt from tax -
from what i'm reading, we'd need a statement from the va to confirm how much she receives yearly, and a letter from the irs to confirm she is exempt from a tax, along with a letter from her bank

Ah, I did not know that some types of income are not required to be reported to IRS.

If that's the case, then it sounds like you know what you need.

Rene

jeffreyhy Aug 2nd 2012 5:53 am

Re: update
 
That parenthetical qualification is very significant!

"The simple submission of Form I-134, Affidavit of Support, however, is not sufficient to establish that the beneficiary is not likely to become a public charge. Although the income requirements of Form I-864, Affidavit of Support Under Section 213A of the Act, do not apply in such cases (e.g., the 125 percent minimum income), you must make a thorough evaluation of other factors, such as:
(1) The sponsor's motives in submitting the affidavit;
(2) The sponsor's relationship to the applicant (e.g., relative by blood or marriage, former employer or employee, schoolmates, or business associates);
(3) The length of time the sponsor and applicant have known each
other;
(4) The sponsor's financial resources; and
(5) Other responsibilities of the sponsor.

NOTE: When there are compelling or forceful ties between the applicant and the sponsor, such as a close family relationship or friendship of long standing, you may favorably consider the affidavit. On the other hand, an affidavit submitted by a casual friend or distant relative who has little or no personal knowledge of the applicant has more limited value. If the sponsor is not a U.S. citizen or lawful permanent resident (LPR), the likelihood of the sponsor's support of an immigrant visa (IV) applicant until the applicant can become self-supporting is a particularly important consideration.
"

It seems significant to me that the sponsor's financial resources is #4 in the list, last only to Other.

"anyone ..." is not going to cut it.

Regards, JEff


Originally Posted by Noorah101 (Post 10203612)
I'm not sure what you mean, JEff. The I-134 sponsor can be anyone living in the USA who meets the financial qualifications (well, meets with the ConOff's approval).


Noorah101 Aug 2nd 2012 6:02 am

Re: update
 
Thanks for the details, JEff. Makes sense now.

Rene


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