Posts Tagged ‘fiancee visa’

Is it ok to visit the us as a tourist if i file for a K1 visa?

July 11th, 2010 by admin | No Comments | Filed in Fiancee Visas, I-129F

Your USA Fiance(e) is the one who will file US government to obtain a K1 visa for you.

While USCIS and later NVC are processing this request, your status is not affected.

This means that until you actually have your interview at the US consulate, and they grant you the K1 visa, whatever current visas you may have ARE NOT affected.

So, you can come to the usa. However if you do, you must adhere to the terms of the visa you are traveling under.

The most important term, is “you can NOT intend to stay”. You should intend to return to home country, and there is where you will have the K1 visa interview.

At the border, the immigration agent has the authority to send you back in case he suspects you may be planning to violate the terms of the visa you now have. A confirmed return air ticket, a solid job back at home, will help to demonstrate your intentions to return to home country.

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Choosing Photographs to accompany your Fiancee or Spousal Visa Petition

January 16th, 2010 by admin | No Comments | Filed in CR-1, Fiancee Visas, I-129F, I-130, Marriage Visa, Spousal Visas

Preparing a successful visa petition is both ‘Art’ and ‘Science’. The science is filling in the blanks correctly, and remembering to attach all the official documents that are needed. The ‘Art’ comes in when you choose what evidence to present and how much to present, in order to prove to a possibly unfriendly stranger that you are a bona fide couple.

One element of the rainbow of evidence, are photographs, of the two of you as a couple. Imagine this as if you were giving slide show, but you only have a few minutes to tell your whole story. Choosing the ‘right’ photos to show to immigration is very important.

To see samples of photos, and a Youtube presentation that describes how to choose your photos go to:
http://fianceevisaservices.com/youtubepetitionphotographs.html

Simple Purpose:

1. To prove you have met ‘face to face’

Key purpose is your Opportunity

2. To demonstrate you have a ‘bona fide’ relationship

Easy to accomplish #1, #2 is more Art than Science.
You want to tell a story. The story should be about a genuine, ‘in love’ couple that wants to spend the rest of their lives together.

What should be in the photos?

Couple Should Be in the Photo:
This is all about the two of you, so both of you should be in each photo.

Positive Body Language:
Smiling, holding hands, leaning in to each
other. One of my clients took pictures of him and his gf on his first trip to meet each other. It was obvious from the photos that they were strangers, and a bit uncomfortable with each other. Her arms were always crossed across her chest, and they always kept as much distance between them as they could. I insisted that he go on a second trip, and get more photos and proof of the bona fides. And it worked just great. They ended up very happy to take more time to build their relationship and enjoy their engagement. The photos from the second trip showed a real couple, who were happy to be together and comfortable in each others company.

Mid-distance shots.
Another client gave me a bunch of photos of he and
his fiancee, taken when he was holding the camera at arms length away from his body pointing back at the couples faces. Such a photo accomplishs #1 that the couple met. but does nothing to prove bona fides.
Better the shot is taken at a farther distance and the background is easily identifiable. These close up face shots could have, and probably were taken all at the same time, which is a red flag.

Identifiable Backgrounds.
Make sure there are easily identifyable landmarks
or events going on in the background. If a couple are trying to trick immigration and pretend a sham marriage in order to obtain a passport, typically the tricksters don’t spend too much time together. So there photos would usually be taken all at once, one afternoon. So instead you want to make sure it
is obvious you have spent a lot of time together and shared some travel and activities. So presenting a photo in front of downtown, another at the zoo, another at the acqarium, another at a historical site or in front of a ‘Welcome to Our town’ sign, for a town far away from the city she lives in, another in the countryside, mountains, lake, beach all add up to ‘tell the story’ that you have a genuine relationship.

Seasons, Events, Holidays:
If you make multiple trips. Try to vary the time of year you go, so that the background of the photos clearly indicate this was a totally different trip. For example if the fiancee’s country has winter and summer, some photos with snow in the background, or wearing heavy coats easily delineate from another trip taken during the heat of summer. If the seasons
look similar, try to find backgrounds that indicate a seasonal holiday. The background might have a decorated Christmas Tree, or a Happy New Years
banner, or show an independence day, Kings Birthday or other national holiday, or celebration.

Time of Day:
Vary the time of day. Choose some photos taken at day and some at night.

Date Stamping:
Having your camera automatically insert the month,
day and year onto each photo. Is the simplest, and most effective way to demonstrate when your photos have been taken and that they have been taken on different days. Another way to also show the date is to find a background that shows the date, a sign in front of a wedding party, or a sign in a hotel lobby often show the date.

Clothing:
Vary the clothing you wear. Again you want to dispel any suggestion that you are taking all the photos on the same day. So each day of your trip vary the wardrobe that you and your partner are wearing.
So each photo that you say is taken on a different day, looks consistent with another day.

Friends or Coworkers:
If a couple is genuine, one would expect the proud
fiancee to ‘show off’ and introduce her fiance to her friends or coworkers or fellow students. So a group photo at her place of study, work or liesure with
her peers is a good choice.

Family:
A serious fiance will meet his new ‘in laws’ and especially want to meet her parents or family elders to ‘ask for her hand’. A photo showing the couple together with her happy ‘on board’ family is a must.

Less is More:
Don’t be repetitive. One of my clients gave me 12 pictures of him and his fiancee at a single restaurant. Of course, every single picture was precious to him and his fiancee. But they should be saved for the
family album not used for the visa petition. One, possibly two pictures telling about a moment in your time together is interesting. 10 pictures repeating the same story is boring and not effective at all. Better to share 12 photos that each and every one tell of a
different activity or event that occured while the couple was enjoying their time together.

What you should Avoid:

You want to keep the Consular officer who is reviewing your petition and preparing to interview your fiancee, friendly and on your side, interested and feeling positively about you and your fiancee when he sees your photos. Each photo should bring him closer to identifying with you as a genuine couple. He may have strong moral, racial, religious and/s cultural biases. Be extra careful not to inadvertantly offend him. If he feels offended, or that something is wrong, he will dig for problems until he finds justification to deny your case. Make sure your entire petition consistently leads him to be utterly convinced you are a bona fide couple

No Sexually Charged Images:
No Kissing or groping. My clients present me with a lot of photos with them kissing, hugging, the girl sitting on his lap, laying on a bed together or simply obviously in a hotel room. While none of these so far has been X rated, I am a liberal person, butI would be
uncomfortable if my daughter was in those pictures. Just show normal happy, friendly, comfortable couples.

No King Kong carrying Fay Raye, images:
When I see a 6 foot tall, 270 pound man, bear hugging while towering completely over a tiny 5′, 100 pound, girl. I can’t help but feel uncomfortable for her. Try to minimize size differences. Try mid range shots, or have both sitting down side by side, so their heads are about the same level.

Avoid Negative Body language:
Any negative body language by the couple obviously should be avoided. In addition look how the other people in the photo appear. I got one photo of a couple with her parents. The couple was smiling but the parents were scowling. Perhaps thats the way the
parents always look. We will never know. But that particular photo made it appear they were not happy with the engagement. That could be a red flag.

Avoid Culturally Offensive Images:
I got a photo and the couple were in front of a statue of a character out of her countries cultural history. The couple made hand gestures like the character was wearing horns. Perhaps the CO would have thought that funny, like the couple did. Or perhaps he would have been offended. I would not take the chance.

Don’t cheat:
Every week I catch one of my clients faking the dates on his trip photos. He took a few photos on one day, then falsely claimed they were taken on different days, so he could (he believed) tell a better story
about his trip. Ever CO carefully looks at the clothing the couple is wearing and the backgrounds in each picture. If told two pictures were supposedly taken a week apart, but the couple is wearing exactly the same outfit, the CO knows there is fraud going on. Don’t attempt to use photo processing software to fake photos. Once caught in even the smallest
misrepresentation, the entire petition is put in question. My clients were lucky I caught their ill advised attempt and stopped it before it could get
them into trouble.

My imaginary ideal of the timeline of a genuine romantic engagement

My ideal couple have been corresponding for 6 months or MORE. The man flys to meet her for the first time. They spend a week getting to know each other. She shows him her country. They are in love.

3 to 6 months later, he can’t bear to be apart from her any longer and flys back to her country. He stays longer this time. He meets her family. He gives her a ring. They have an engagement party. She shows him
more of her country.

Upon his return to the USA he submits the petition.

The photos this couple should attach to their Fiancee or Spousal, I-129F or I-130 petition are:

From First trip:
Photos of the couple together on different days, wearing different cloths, in various identifiable locations.

Second trip:
Same: Photos of the couple together on different days,
wearing different cloths, in various identifiable locations. Now added are photos with her family, and/or friends. An engagement party. She wearing the ring.

Certainly not everyone’s experience is like this ‘ideal case’. But the closer your courtship and engagement appears to be like that of other genuine
couples from her country and culture, the better.

When you choose the right photos, and tell a clear and compelling story, the more likely it is your petition will have smooth sailing.

To see samples of photos, and a Youtube presentation that describes how to choose your photos go to:
http://fianceevisaservices.com/youtubepetitionphotographs.html

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Guangzhou Denies Fiancee + Spousal Visas

May 14th, 2009 by admin | 7 Comments | Filed in Uncategorized

A group of Immigration attorneys who help prepare and submit Fiancee K-1 and Spousal K-3 visas are rallying together to complain and lobby against apparent procedural problems at the US visa section, Guangzhou China.  In reviewing their in-house data, and then combining this data across the different firms, they believe their statistics demonstrate that the Visa Section in Guangzhou is denying an abnormally high percentage of K-1 and K-3 petitions.

The attorneys assertion is that the visa officers in Guangzhou are over zealous in applying a higher standard than is official State Department policy. They believe this has resulted in Petitions which routinely would be approved at any other consulate, being unfairly denied in Guangzhou. Based on their own review of the denied cases, the attorneys have intuited the following list of extra-ordinary reasons they believe K petitions were denied in Guangzhou.

  • No English, No Visa.
  • One Visit, No Visa.
  • Marriage on First Visit, no Visa.
  • Very Large Age Different, No Visa.
  • Three or More marriages by Petitioner, No Visa.

These are the apparent “Red Flags” when applying for the Fiancee or Spousal visa in China.  It seems that these could also negatively influence the consideration of your petition in other countries as well. To “err” on the safe side, I would suggest to any couple to strengthen the appearance of their genuine relationship, by addressing some of the issues listed above.

  • Enroll the Fiancee in English School if her English is weak.
  • Take a second trip.  Enjoy a second or third visit, spend face to face time  together.

In the case of the denied petitions, true love finally won out. Each denied Fiancee couple, got married, in China, then applied again, this time for an IR1or CR1 visa, and after long delays, these were granted.

For further information about Fiancee or Spousal Visas visit FianceeVisaServices.com

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How to apply for a K-1 Fiancee Visa using a I-129F Petition

April 11th, 2009 by admin | No Comments | Filed in Fiancee Visas, I-129F

I get a lot of calls asking for advice on how to apply for a Fiancee Visa.  I put together these videos to walk through the I-129F petition process.

Click Play to view the video.

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K1 Fiancee Visa I-129 Petition Denied: Suspected as not Genuine

April 1st, 2009 by admin | 2 Comments | Filed in Uncategorized

I got a phone call today from a person asking for help. He said his I-129F K-1 Fiancee Visa Application was denied and he wanted to know what he could do.

Note: I had never talked to him before, he was not my client.  None of My Fiancee Visa Preparation clients have had their applications denied.

In his case after his fiancee attended her interview, they were notified that the Manila consulate wanted additional information.  They wanted copies of travel itineraries, emails, photos.

Some were provided. The Fiancee had a second interview. The I-129F Fiancee Visa petition was denied as the consular officer suspected the relationship was not Genuine.

Some applicants think petitioning for a Fiancee Visa is like getting a drivers license. You just fill in the blanks, pay the fee, get your photo taken and done.  This is not the case for petitioning for a Fiancee Visa, the process is closer to applying to get into college.  In addition to filling in the blanks, there is also the ESSAY question, where you must convince the reader you are worthy.

The essay question for a I-129F (which is not officially asked on the forms but had better be answered in full if you want the petition to smoothly navigate the system) is:  “Is this a genuine, bone fide relationship between two people who sincerely seek to spend their lives together in marriage?”

When I help prepare a Fiancee Visa K1 petition,  usually the final package contains about 100 to 150 pages. We devote at least half of the tabbed sections, and half of the pages to answering the “is this genuine?” question. The answer starts with a two page letter that describes the relationship, its history, present and future. I help my client write his letter. We try to cover the following points:

  • Describe the history of your relationship.
  • include, details of the courtship? Frequency of contact etc.
  • How did you come into first contact with your fiancée?
  • Describe the nature of relationship?
  • Why did you choose your fiancée?
  • What features, attributes do you find most attractive?
  • What are your plans for the future with your fiancee?
  • What are your plans for the wedding ceremony?
  • What are plans for honeymoon?
  • What are your plans for establishing a household?
  • Where do you plan to live after marriage? – what kind of house, where, buy rent location and so on.
  • What do you expect to happen within a year of marriage?
  • What do you expect to happen after 5 years of marriage?
  • After marriage, do you have plans about work for your spouse?
  • Are you planning a family?
  • Plans for vacations together?
  • Plans for social, hobbies, educational interests?

Then in addition to this letter, I have my clients provide supporting documents, such as:

  • Photos of the couple together

  • Travel Itineraries

  • Passport Visa Stamps

  • Telephone Bills

  • Copies of Emails/Letters/IM’s

  • Hotel Receipts

  • Engagement Announcements

  • Engagement Ring Receipt

The objective is to fully dispel any doubt that the reviewer may have that the relationship is genuine. Once convinced that the relationship is real, the petition should move along smoothly.  Details on how to apply for the I-129 petition and how to demonstrate the genuineness of the relationship are also discussed in detail in the Fiancee Secrets eBook Chapters “Documenting the relationship” and “Letter to describe the relationship

In the case of the caller, he was given the choice to appeal the decision or start over.  If it was my petition, and my relationship was genuine, then I would do the work I should have done in the first place. I would put together a clean, compelling package that included a detailed two page letter on the relationship, plus all the relevant supporting documents I could find. And I would file attach this package to the appeal request.

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