Interview Us Embassy K1 Visa

[drappthailand]

PLEASE!!!!!!! HELP!!!!!!!! ME!!!!!!!!!

Can anyone help me? I have lived here in Thailand for 2 1/2 years. I'm working on my K1 Visa with the help of a lawyer. My girlfriend's interview is coming up. Is there anything I should know about the interview. We have a son together and though she isn't a "high So" girl she isn't a bar girl either. I heard terrible things about the interviewer from the US Embassy from many people including lawyers here such as he is a racist. I have 2 letters with jobs lined up when I get to the states. My parents even did a joint sponser for my fiancee. I don't have my last 2 years tax returns because I've been living here not working. I don't have a large bank account , maybe only 2000 now. How can I prove I make above the poverty line if I'm NOT working in the US now. Is the US, My homeland, really going to tell me that my baby, a US citizen is better off without his natural mother.

Would it help if I taught my fiancee Spanish?

Edited April 25, 2009 by drappthailand

[ubonjoe]

Unhelpful post deleted. Do not make a post unless you have usefull information.

[wasabi]

You really need to get your act together. First of all it's not your interview. Only she will be interviewed. You may not even be able to wait in the lobby while she is interviewed depending on their mood.

They take the financial requirements very seriously. If you have a co sponsor there is no need to worry about making below the poverty line but you are required to file taxes whether or not you have worked or lived in the US if you are a US citizen. I can't understand why any lawyer would overlook this. This is a huge red flag and most likely will be a show stopper. You simply must file your taxes to get through this so do it now before its too late.

You also need to prove domicile in the US, intent that you are going to return. Here having jobs lined up no matter how low paying would be a good indication of that, having a letter from a relative in the US stating you can stay with them would be helpful too.

Having the son will be helpful to prove legitimacy. Make sure you have plenty of photos of you all together. But don't get emotional in your logic about whether or not they will permit your Fiance. They are only concerned if you have filled out the papers right, and if you or someone who cosigns for you has the means to prevent her from becoming a liability. They could care less that she is the child's mother. From their POV she is an alien and must go through the proper channels to gain entry. You need to view it this way too. As it stands right now only you and your child can fly into the US without any special paperwork.

I highly doubt the interviewer is racist. I'm sure he is tough and not forgiving which may come across as unpleasant and result in him being called all kinds of names. I suggest talking this over with your lawyer in more detail because as it sounds from this post you will not make it through the interview due to failing to meet the Affidavit of support requirements which must all be met without exception.

Edited April 25, 2009 by wasabi

[drappthailand]

I was told that if you make less than 8 thousand a year there is no reason to file your taxes. I guess my family account is wrong. I even called him recently to conform if this is true and he said,"without a doubt" I think I need to hire someone new.

[Texpat]

Girlfriends and fiancees are viewed much differently than legal wives.

Ever consider that option?

Edited April 25, 2009 by Texpat

[ubonjoe]

I was told that if you make less than 8 thousand a year there is no reason to file your taxes. I guess my family account is wrong. I even called him recently to conform if this is true and he said,"without a doubt" I think I need to hire someone new.

Your accountant is correct. I checked recently and for single person it's about $12,000.

At one time the law did say that you had to file no matter what income you had. But that has changed.

[wasabi]

Sorry it looks like I was wrong about having to file taxes. I thought you had to file no matter what. In that case you will need to explain why you didn't need to file taxes. They may look unfavorably upon the fact you have had no income for a few years.

Edited April 25, 2009 by wasabi

[DirectorIntegrityLegal]

As a general rule, lawyers in the USA sometimes cannot do consular processing services at each specific post. So, in certain situations it may be wise to retain an attorney with an office in the Country where the loved one is interviewing in order to facilitate more efficient and effective visa obtainment.

As far as racism and the attitude of the consular officers: I have never known the employees of the Embassy to be anything but polite, fair, hard working, and frankly efficient. Although many gripe about the speed of the process, it is not the result of plodding on the part of the Embassy, but likely has more to do with the fact that such a high volume of cases go through this post. The visa unit personnel have a mandate to conduct their due diligence and issue visas in accordance with the law. I think that they fulfill this mandate well and do not let personal feelings guide their legal decisions.

Best of Luck,

Ben Hart

US Immigration Attorney

Integrity Legal

+66 (0) 2 266-3698

1-877-231-7533

[thaitot]

I recently did a K-1, No problems.

The interview is for her. I was not able to go inside.

Cool heads will prevail.

So I waited outside at the bus station bench for 4 hours

Got in some serious people watching.

And had a good ending.

Good luck to you.

I did everything Myself.

You may need to return to the states and secure a good job

in the long run it may benefit all.

In my opinion asking someone to sponsor your wife and yourself is asking alot

of them.

If you read all the fine print and the facts of how 50% of marriages end you may realize

you will be the one that needs to step up to the plate and meet the financial requirements.

I do not mean to criticise you. But I never could have asked anyone to sponsor me.

The financial riskes to them are to great. But every situation is different.

Again good luck.

[ubonjoe]

Post deleted that contained derogatory comments that were close to being considered a flame.

Any further posts of the this type will result in a warning and/or suspension.

[j0hnga1t]

Thaitot, good to hear a success story for a K-1

drappthailand,

Just wanted to say good luck to you.  I just sent in my paperwork for a K-1 to the California Service Center.  

Regarding filing of taxes.  It sounds like your accountant was right and wrong.  NO, you don't have to file a return if you made very little income.  He is only concerned with tax liability NOT paperwork for a visa.  YES you should file a tax return even if it shows zero tax liability for immigration purposes, unfortunately hindsight is 20/20.  Hopefully the letters from your future employers will work.  I would say I didn't have to file because I didn't make enough, HOWEVER, to show that I can support her, I have a job offer which I have accepted and which will provide enough money to support us and I will also have health insurance...

GOOD LUCK!!