How much information do you really need for a fiance visa?

[jm21-2]

So, my GF seems to be coming around to the idea of filing for a fiance visa. I think I'm going to start putting the information together to prove we have a bona fide relationship, but it's somewhat daunting if I were to include everything. We have known each other since 2003 and I don't think I have many of our chat sessions anymore. But even then we're talking about 1500-2000 e-mails, at least a few hundred pages of skype chats, however many pages of skype call records, a couple hundred photos maybe, and so on and so forth. I think I would have to send it in a box rather than an envelope. Am I going to get dinged to harshly for just sending a few representative e-mails and so forth?

[Capstone]

The I-129F petition actually does not require a whole lot as far as proof of a relationship - a few emails, chat sessions, cards/letters, photos, etc. Most guys seem to get away with only including the bare minimum but I included more than most people probably do in my petition since I had to deal with the Guangzhou consulate which is notoriously tough and so I front loaded my packet a bit with some things which are not normally needed until the interview.

In order to establish an ongoing bonafide relationship I sent in probably about 25 entire emails & chat sessions which spanned the length of our relationship. I also took screen shots of the first page of all our chat sessions and pasted them chronologically into a single document, labeled each screen shot with a date and then printed this out - this showed that we maintained a constant relationship for sometime before I filed the petition.  I also included all of my phone bills which showed that I had been calling my wife for many months prior to the filing. I also sent in about 25 pictures that showed my wife and I together not only with each other but also with her family and friends which I think is very important. I labeled the backs of all these pictures with descriptions of who were in the photos and their locations and dates.

I also went way overboard on showing proof that we had actually met in person in the 2 years prior to filing the petition- in addition to sending in the usual copies of my passport, visa, boarding passes and hotel receipts I also sent in copies of pretty much every receipt that I ever received while in China - from restaurants, money exchanges, purchases at stores, tourist attractions, etc.

I created a cover letter for my petition package but did not list every individual item that I had included but rather lumped many things into several categories. Here is the cover letter that I sent in:

United States Department of Homeland Security
U.S. Citizenship and Immigration Services
Vermont Service Center

75 Lower Welden Street
St. Albans, VT 05479-0001

08/30/2008

Nature of the submission: I-129F ORIGINAL SUBMISSION

To Whom It May Concern:

Enclosed please find my Form I-129F, Petition for K-1 Fiancée Visa for Ms. Capstone, and supporting documents.

Contents include:

- Payment in the amount of $455
- I-129F
- I-129F Supplement: Part B, Question 18, explanation of meeting in person
- G-325A and passport style photo (Petitioner/Capstone)
- G-325A and passport style photo (Beneficiary/Ms. Capstone)
- Birth Certificate & US Passport (Petitioner/ Capstone)
- Letter certifying intent to marry (Petitioner and Beneficiary/Capstone and Ms Capstone)
- Proof of having met in person in the past two years
- Proof of ongoing relationship


Copies of documents submitted are exact photocopies of unaltered documents and I understand that I may be required to submit original documents to an Immigration or Consular officer at a later date.


For my wife's actual interview I prepared the entire kitchen sink for her to take which included any possible document, etc that I can fathom that the visa officer might ask for. She had one of those big accordion type suitcase file folders filled to the brim plus a couple of photo albums.

I know that I probably went way overboard on everything but hey it worked, so I am happy with how I filed the petition.

[jm21-2]

We paid so much in cash and didn't get receipts for much of anything :/. At least we still have our flight itineraries.

At least they don't require 2 years of income tax returns like banks do for self-employed people. Then I'd really be in trouble.

And between the fees, getting her over here, buying her a car...sigh...been a slow month and that's gonna hurt. Was planning on flying over to meet her again in October or if we file this when she has her interview, but maybe I can't. Would also like to replace the ratty carpeting in the bedrooms of my house but maybe can't do that either :/. She might want to buy her own car though, hm.

[Capstone]

At least they don't require 2 years of income tax returns like banks do for self-employed people. Then I'd really be in trouble.

You probably want to do some research as to what they usually ask for in Taipei with regards to tax returns. The Guangzhou consulate regularly asks for 3 years of tax returns when the I-134 is submitted during the pre-interview. They asked my wife for my past 3 years of tax returns but luckily we had done our research and she had them ready to turn in. But even if Taipei does require 2 or more years worth of tax returns, it is the most current year's that really matters most.

[Ray]

Self employed persons are generally going to need more income documentation that someone with a traditional job.

I would definitely have complete copies of the 3 most recent years of income tax returns, with all supporting documentation, to allow them to verify your income when she goes in for her interview.

Minimal (6-12 pieces) relationship documentation for the petition, maximum documentation (the kitchen sink) for her visa interview.

Ray

[jm21-2]

I've only got one year of tax returns for my practice...haven't been open that long. Before that I was doing mostly volunteer work, finishing school, passing the bar, etc...I read the form and it said you only need to attach your last year's tax returns if you're self-employed. I was figuring just submit last year's tax returns and a statement from my bank. My income is way over the federal poverty guidelines for a household of two...and I have about $13,000 in the bank at any given time, hopefully more by the time of her interview. Last years income tax returns showed $40k income or so (first 3 months of the year I was in the red). Would it help if I included information about my house?

So I may be looking at some problems with the affidavit of support at the interview? I doubt I will have this year's taxes done by then unless they really drag their feet...and the previous 2 years were almost nothing while I was finishing school. I will look up some more info on the different consulates...didn't realize it varied that much.

She's in AUS right now but not sure how long she'll stay (apparently very lonely there), so not sure whether AUS or Taiwan yet for the interview. Is that going to be a problem? I thought they set up the interview after the petition had been processed.

[Ray]

I wouldn’t worry about the content of previous years tax returns, just have them available to her if they ask for them at her interview. They understand all about student income and low earnings in the first year of operating a business.

CURRENT income is what is most important, so plan to submit anything that will document current income and show the potential for continued steady income in the future. Documenting equity in your home would not hurt and cash savings is a definite plus.

She may be much better off applying for a visa in Australia rather than Taipei. She’ll still need to obtain the required documents/translations and police clearances from Taiwan, but she can apply in Australia if she wishes. Yes, research the track record of K-1 applicants in both countries.

Ray

[Capstone]

I think that you will be fine based solely on your income from last year but I would definitely have the prior 2 years of  tax returns ready for the interview as well. You can't go by what the I-134 form itself says because the consulates have a great amount of leeway as to what they can request as far as proving income/support requirements - like I said 3 years of tax returns is standard in Guangzhou rather you are self employed or not.

I have seen where guys fresh out of college submit tax returns for previous years indicating an income of $0 because they were not working but they showed enough income on their most recent returns and didn't have any problems. Several self employed guys who have posted over on CFL say that they submitted an income statement along with their tax returns in order to give a better picture of their actual income.

I included information about my real estate holdings on my I-134 but they did not give it a second look as they were more than satisfied with my income indicated on my past 3 year's tax returns - but I would say to go ahead and include it if you want because it certainly couldn't hurt. But really I don't think that you have much to worry about.

[jm21-2]

I don't think I even filed taxes the year before last...Maybe the year before too.

Looks like AUS only requires one year from the reviews I read. It seems like it's overall a better place to file. But we'll see how things go...Taipei doesn't seem too bad just you have to wait around a long time for the interview on the day of the interview.

I got a good deal on my house because it was a short sale, so there's equity in the house, but I'm not sure I have a copy of the appraisal (would have at least $20k in equity). Will see about that...

I stopped keeping trakc of every expense/income in quickbooks because it was sucking up a huge amount of my time (or costing me to hire someone to do it). I just put all my business expenses and income on one checking account and let my accountant sort it out on year's end. A statement from my bank regarding that account and my personal checking seems like it would be enough to roughly show my income. Didn't have to do quarterlies this year because the new homebuyer credit brought my taxes to $0 last year.

[Ray]

I don't think I even filed taxes the year before last...Maybe the year before too.

If, at the time of submitting your Aaffidavit of Support, you had not filed federal tax returns for the 3 most recent tax years, you should submit a written explanation showing why you were not legally required to file, such as income too low.

Ray

[Capstone]

You could also backfile the previous years tax returns now - it would not be a big deal to do so since you didn't have any income and so there would be no penalties for back taxes owed, etc. You can download previous year's tax froms at: http://www.irs.gov/formspubs/article/0,,id=98339,00.html

I would definitely be ready to produce the last 3 years of tax returns (or as Ray as indicated a documented good reason why you did not file). This is one of those things that may present a problem if you don't have what they want but is easily avoidable. Hopefully they will only ask for 1 year of returns but it is better to be over prepared than sorry.

[jm21-2]

Hopefully they will only ask for 1 year of returns but it is better to be over prepared than sorry.

Yep. Many thanks to you and Ray for the advice!

[Ray]

The I-134 affidavit only asks for the most recent year’s tax return, but even if they don’t ask about previous years’ returns or income at her visa interview, you will still need to provide three years of tax return information, along with a copy of the most recent complete return, later when you file the I-864.

Yes, as Cap said, you could file late returns but they will also accept a written explanation if you were not legally required to file.

By the time you need to file the I-864, you may already have 3 years of returns and it won’t matter that you didn’t file every year.

Ray

[Capstone]

BTW - Congratulations on getting her to come around to the idea of filing for the visa.

[jm21-2]

She all of a sudden got on board a couple days ago. I confirmed with her last night that she really wanted to go through with this and we talked about the process soo......looks like everything is good to go.

I'm a little worried about all these expenses but things should work out. Apparently she looked up the fees associated with a fiance visa last night and left me some messages worried about the costs.

She doesn't want to get married in Taiwan but I'd like at least her mom to be there for the wedding....that's the next problem to figure out I guess.

The only original signatures I need from her are the G-325A and a letter of intent to marry, right?

EDIT:
Oh, and figuring out whether I can/should be there for the interview.

[Capstone]

She all of a sudden got on board a couple days ago. I confirmed with her last night that she really wanted to go through with this and we talked about the process soo......looks like everything is good to go.

I'm a little worried about all these expenses but things should work out. Apparently she looked up the fees associated with a fiance visa last night and left me some messages worried about the costs.

She doesn't want to get married in Taiwan but I'd like at least her mom to be there for the wedding....that's the next problem to figure out I guess.

The only original signatures I need from her are the G-325A and a letter of intent to marry, right?

Well maybe Taiwan is like the Mainland in that a wedding banquet is the main thing and not the actual marriage ceremony - maybe you can have a wedding banquet in Taiwan and then actually get married in the US, that is what I did.

Yes, for the initial petition the G-325A & letter of intent are the only things that will require her original signature. She'll also have to sign her actual visa application paperwork but that will all be mailed to her by the Consulate.

[jm21-2]

From what I got from her earlier, she doesn't want to do any sort of big wedding, and not in Taiwan. I think she's worried that if she has a big wedding in Taiwan with everyone she knows, and then things don't work out between us, she'll have a huge amount of difficulty finding a guy in Taiwan. I dunno...she worries way too much. I think having a small-ish banquet in Taiwan then a small wedding here in the US would be a good idea. Maybe hit Hawaii for a honeymoon between the banquet and US wedding. Neither of us are very formal or bridezillas or anything. She is definitely a globe trotter and all she cares about is having a nice honeymoon. She doesn't seem to care much about the wedding and doesn't even want a ring really (told me to save the money from buying the rings and put it towards the honeymoon). Definitely not a traditional girl in that way....but I like it and it's pretty consistent with her personality.

[Osa]

good thread.  this is basically where I am, except I think I have less cash that jm.  no hawaiian honeymoon for us 

[jm21-2]

She is all about traveling....says screw the wedding and expensive rings and just put it towards a nice honeymoon. Works for me. Looking like we might try for someplace else though instead of hawaii but we'll see (she thinks it will be too touristy). After I left Taiwan she spent a few weeks in Malaysia wandering around and then Australia. Seems to be settled for a bit but might move in a few months when summer takes off in Australia.

I am saving money like mad but a lot will go towards taxes. I got out of doing quarterlies this year because I had zero taxes last year due to the new homebuyer credit. I'll probably owe at least $8-10k in taxes come April.

[Jeff S]

Say "THANK YOU!" You'll never have to put up with....

http://www.youtube.com/watch?v=uQ8PL9f3g6s

[piglett]

Say "THANK YOU!" You'll never have to put up with....

http://www.youtube.com/watch?v=uQ8PL9f3g6s

Oh ya i should have found one of those brides .......YA RITE


piglett

[jm21-2]

$30,000 for a [snip]ing ring?!?!??!

I had a funny one a while back where the couple was getting divorced, the husband was still paying on the ring, and he wanted the wife to pay it off....

By the "two month rule" I'd be paying a pretty large amount....thinking of all the great things that the money could be used for would drive me nuts. All that money going to some corporate hacks and African warlords.

My mom has lost two diamond rings while married to my dad and just has a silver one now.

I remember talking with an old divorce attorney a while back. I mentioned how I wanted a family someday and doing so many divorces kind of burned you out on the idea. He said something to the effect of "you're looking at it the wrong way. When you have a good wife and you're dealing with all these crazy divorces it's a constant reminder of how good you have it." I'm definitely starting to see that perspective.

[jm21-2]

Update and another question.

Things slowed down a bit because she keeps worrying that if I have to support her for a while after she gets here I will be unhappy and we'll end up getting divorced. After much ado and reassurance she got the g325a and letter done, but then the only place to print things near her house charged $5 to print out 2 pages and she just couldn't bring herself to get ripped off. So after a while I begged her just to get the thing printed...she took a bus into town to print it out at a library and says everything is now in the mail.

Now, I'm wondering whether all those passport sized photographs need to be like actual passport photos (blank background, etc), or can I just use some photos from our trips?

For the g-325a in the black box at the bottom for applicants name, I was assuming I just put mine, or do I have to put hers? It seems like it would be my name but that's pretty redundant since I just put it at the top of the form....but then again it's the government.

[Capstone]

Actual 2X2 passport photos with white background need to be sent in - regular photos won't cut it.
http://travel.state.gov/pdf/Photo%20Guide%2010-01-04.pdf

For the name in the box at the bottom of the page, you would enter your name on your G-325A and your fiancée would enter her name on her G-325A. Enter 'NONE' in the Alien registration Number field.

EDIT: You probably want to go ahead and just have your fiancée get a number of passport photos taken now because she will need to submit several more with her actual visa application during her interview. I am not sure if each consulate is consistent as to the number of passport photos that they require from each applicant but the Guangzhou Consulate requires that 6 passport photos be submitted.

[jm21-2]

I was thinking I could have her send me the digital file and we can print out however many we need.

edit:
Omg, reading this and it sounds like you need her to sign the back of the photos? Is that accurate?
http://www.immihelp.com/us-visa-greencard-photo-requirements/

She just mailed the rest of the stuff after much bugging about it...