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Petition Denied: What to do next? – 11. January, 2012

Petition Denied: What to do next?

I get phone calls from strangers, (strangers for they weren’t my clients, they prepared their petitions themselfs, or used an attorney), who call to share their shock and disappointment after hearing from their heartbroken fiancee that their petition was denied. They ask: Can we sue the consulate? Can we appeal? Can my Congressman help? Yes, to all these questions. But going down that path is simply a waste of time and money, as none of these actions will bring your lover closer to reunion with you in the USA.

What can be done, that is USEFUL?

Short answer: Don’t get Denied in the first place.

The first time you apply should be the ONLY time you need to apply. Do your research, see why the consulate rejected couples in the past, then avoid repeating the same mistakes. If the consulate expects a formal engagement, or multiple trips, or a long courtship …. do what is needed before you submit your petition. And make sure you provide abundant and believable proof that that there is no fraud, that you are a pure, genuine, ‘bone fide’ couple planning a future life together. While it is certainly inexpensive to prepare all the paperwork yourself, I recommend you hire me to personally help you. My record is 100% approval. More info is at http://fianceevisaservices.com/ or speak with me at 1-800-806-3210 x702 to discuss.

Long answer: Start Over

If denied, your only effective option is to start over, repeating the ENTIRE process again. You must do a better job this time. On the plus side: you have more longevity in your relationship, you have more evidences, and the fact you are persisting and trying again adds to your credibility.

Study your mistakes.

Sometimes, the consulate provides a letter, describing in detail why the petition was denied. This should be studied carefully and action taken to correct what you can. That which can not be directly corrected, can be generally overcome due to the fact that your relationship now has much more longevity (at least a year) the second time you apply.

Often however, the vague reason given for denial is ‘the couple was not found bone fide’. Basically that means that the consular officer’s intuition told him to deny. You don’t have any real solid facts to go on. However you should try your best to figure out what went wrong. Ask your fiancee to describe the interview in detail: What questions were asked, what comments were made, what body language occured? Try to determine what was it that the consulate officer was concerned about, found suspicious or reacted negatively to? Did he ask a lot of questions about your ex-wife? details about the marriage proposal? wanted to know about finances? Who introduced you and why? Commented on the courtship going on before the divorce was final? Whatever seemed to go wrong, that is something you will have to correct and address, for the next time.

Use addititional evidence to best advantage:

You should have done a full and complete job in providing evidences of your relationship when you filed your original petition. But many of the callers I get, mention they made the ‘rookie’ mistake of not providing adequate supporting evidences of their relationship. If you did not do that job well the first time, now is your chance to do it correctly. Or ask for my help. I strongly believe the most important aspect of the petition is the evidence of the ‘bone fides’ of your relationship, this is where I personally spend the most time and effort when working with clients. Helping them to tell their story in a logical and convincing manner. As your relationship is at least a year older then at the time it you first applied, you now have an entire years worth of additional evidences to add to your petition. See my video On How to Prove a Genuine Relationship at http://fianceevisaservices.com/youtubegenuinerelationship.html

Enlist Support of your Congressman

You could ask your Congressman to help get an explanation of why you were denied. I have seen this done, but usually with no worthwhile results. Generally the answer obtained is ‘they were not believed to be bone fide’, full stop.

A better use of your Congressman is to contact him once your fiancee’s second interview is scheduled, tell him the details of your case, explain how sincere and bone fide your relationship is, and ask for his help.

This usually results in an email from his office to the consulate a few days before the interview, advising that the Congressman is personally interested in your case, and asking the consulate to advise the results after the interview. This is not a message from the Congressman endorsing your case. But it serves to put the consular reviewing officer on notice that should the case be denied, he will be expected to report a solid, documented reason. Many cases are rejected based upon the ‘intuition’ of the reviewing officer. The expectation that detailed written documentation will be needed in case of denial tends to influence the consulate reviewer to find a solid reason for denial, and if he is unable to do so, then to approve.

Request Waiver

The recent IMBRA laws restrict the use of Fiancee visas by American sponsors. Two restrictions are that an American is limited to two fiancee visa petitions in his lifetime, and they can not be submitted within two years of each other. So when applying immediately, the second time, for your Fiancee your petition will need to include a request for waiver from at least one of these IMBRA restrictions, even though you are applying for your SAME fiancee.

Fiancee or Spousal Visa

Either visa needs the same amount of evidences. If you are living together, getting married does look better than only staying engaged. However if the relationship is long distance, getting married but still living far apart only marginally makes your relationship appear more sincere. The spousal visa takes about 12 – 14 months to process while the Fiancee visa takes only 5- 7 months to process. In general I recommend couples whose Fiancee Visa has been denied, to apply for the fiancee visa again as it is faster.

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Immigration for Children of your Fiancee or Spouse – 6. October, 2011

If your Fiancee or Spouse has young children, the question always is: Do we apply for Mother and child at the same time, or is it better to bring the Mother to the USA first, then apply for the children later? It costs extra money to petition for the children, and new couples want ’private time’.

Petitioning Later, is a much SLOWER process

What most couples do NOT know, is that petitioning for the children later, is a much SLOWER process. Currently the wait is 3 to 4 years. The time needed, is based on changing annual immigration quotas. And until recently it was even slower: 4 to 8 years. What it will be next year is not yet known.

Don’t separate Mother from Child

As a matchmaker I advise any new husband who hopes for a happy marriage,
to avoid separating a mother from her children for such long times.

The most important thing to know, is that if the children are eligible, their permission to enter the USA will be approved JUST AS FAST as the Mother’s visa is approved. If however, the Mother enters the USA, and then the children are applied for, the time needed for approval for the Children is much longer. Depending on the the country they are coming from, the current delay is about 3 to 4 years, from the time the mother applies, which is AFTER she gets her Green Card.

The reason Mom and child together are processed much faster than Child alone is because of who is the official sponsor of the petition. If an American citizen sponsors his Fiancee and her child, or his new Spouse and her child, the US Government extends to the US citizen a ‘courtesy’ by expediting his request. Fiancee visas currently take 5 to 8 months, and Spousal visas take 12 to 14 months. For the husband and wife these seem like long times to wait. But as far as immigration is concerned these are quite fast processing times. The American citizen whether he appreciates it or not, is getting special treatment.

No Expedited Service for Legal Permanent Residents

After the mother has entered the USA, marries and receives her Green Card, she is now a ‘Legal Permanent Resident’. She is allowed to live in the USA
but she is not a US citizen. If the children are applied for later, it is NOT the
US citizen step-father sponsoring the petition, but it is the Mother who is THE official sponsor. Since she is only a ‘Legal Permanent Resident’, she is not entitled to ‘expedited treatment’. Her request is lumped in with all the other brothers, sisters, parents, cousins, etc from her country who want to immigrate to the USA. Each year quotas are set for how many immigrants from each country are allowed in. Each year the quota changes, and each year the processing delay time varies up or down.

Fiancee Visa Petition easily includes Children.

The Fiancee Visa petition is specifically designed to easily include dependent children (under the age of 21). There is no extra charge when filing the I-129F petition to USCIS ($340 with or without children). The children get approved as quickly as it takes for the mother to be approved, only 5 to 8 months. The child does not have to travel immediately with the mother and can join her in the USA up to a year later.

Spousal Visa is NOT Child Friendly.

The Spousal visa CR-1 is a request for immigration, for one person only, the spouse of the US citizen. If there are also dependent children to immigrate (under the age of 18), the US sponsor must submit additional I-130 petitions,
one for each person (Mother plus each child). The cost is $350 to USCIS per individual. The petitions if submitted together, should be processed and approved together, in only 12 to 14 months. The child has 6 months after issuance of the visa to enter the USA.

I recommend:

Include the children at the time you apply for the mother. Don’t start your marriage off on the ‘wrong foot’ by separating mother from Child.

Due to its faster processing time, and its ease to include the children, I recommend getting engaged, applying for a Fiancee Visa, followed by marriage in the USA. If ‘alone time’ is needed, the children can begin their trip to reunite with the mother up to a year after her Fiancee visa is granted.

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Posted in Children, Fiancee Visas, Marriage Visa, Spousal Visas

Immigration Financial Eligibility Requirements Raised for 2011 – 17. April, 2011

In order to successfully petition for your spouse or fiancee to come to the USA, or obtain a Green Card after marriage, the US sponsor must demonstrate to Immigration that he has enough income coming in, that he could support his wife, and household.

The threshold financial requirement is that the sponsor must have income equal to and preferably more than 125% of the poverty
income level where he lives.

Each year the Department of Health and Human Services
publishes their Poverty Guidelines. In 2009 and 2010 the guideline numbers did not change. So the eligibility thresholds (after adding 25%) were $18,300 per couple plus $4,700 per additional household member.

The new Poverty Guidelines published at

http://aspe.hhs.gov/poverty/11poverty.shtml

have risen about $100 per person. So todays eligibility thresholds (after adding 25%) are now $18,400 per couple plus $4,800 per additional household member.

The way the financial eligibility calculation works:

The sponsor must have sufficient income or assets to indicate that he is financially able to support the fiancée in order to prevent the fiancée from becoming a ward of the state. The sponsor’s annual income based on the number of dependents his combined household will have, should be at least $125% of the Department of Health and Human Services (HHS) poverty guideline for his state. As of January 2011, for residents in the continental US the Financial Eligibility Thresholds for K1, CR-1 or Green Card are as follows.

Required Annual Income
$18,388, if 2 Persons in Family or Household
$23,163, if 3 Persons in Family or Household
$27,938, if 4 Persons in Family or Household
$32,713, if 5 Persons in Family or Household
$37,488, if 6 Persons in Family or Household

For each Additional person add $4,775

The Financial eligibilty thresholds are lower for
active military, and higher for residents of Alaska or Hawaii.

How to prove your Income.

The way to demonstrate his income, the US sponsor
normally provides his most recent Federal Tax Return,
3 to 6 pay stubs showing ‘Year to date’ earnings,
plus a letter from his employer confirming his
job, and what the annual pay is.

Cash Assets count as an alternate to income.

In some cases a sponsors income may be low, but he has
‘money in the bank’. Cash assets, can be used as
a substitute for annual income. ‘Cash’ assets
are assets which can be easily converted (sold)
to cash. For example: stocks, bonds, certificates of
deposit, cash in a checking account can be used.
Other assets that can NOT be easily turned to cash
such as equity in real estate, are not useable.

Cash Asset Equivalents

For a Fiancee visa. $3 cash assets = $1 annual income
For a Spousal Visa or Adjustment of status (green card)
$6 cash assets = $1 annual income

For example, a retired Fiancee Visa sponsor living in California,
with no income, and no dependents would need to have $55,164
in cash assets to quality.

3 x $18,388 = $55,164

Alternatively a combination of income and assets will work. For example, if sponsors income is $10,000 per year, then he should have
$25,164 cash or convertible assets to qualify.

$18,388 – $10,000 = $8,388 x 3 = $ 25,164 cash assets needed.

Using a Financial Co-sponsor

If the sponsors income or assets are not enough to achieve the
eligibility threshold, the sponsor can ask a relative or friend
to act as a co-sponsor. Just like buying a car, a second person
could ‘co-sign’ your loan. In this case he is co-sponsoring
your petition.

When a co-sponsor is used the size of the household increases.
The combined household (for the financial calculations) would include
the household size of the sponsor combined with the household size
of the co-sponsor.

For example, a college student petitioning for his fiancee, asks his father
to co-sponsor. Both the college student and the father would each complete an affidavit of support. The students household is just 2 persons, himself and his fiancee. The fathers household would be father, mother, and the two siblings still living at home. Thus the combined household would be 6 persons, and the combined income of both sponsor and co-sponsor would have to be $37,488 or more.

A co-sponsor can be used for any Spousal Visa or Adjustment of Status petition, and can be used for most Fiancee Visa petitions. Not all consulates allow the use of a co-sponsor for a Fiancee Visa.
Philippines, Vietnam, Nigeria do not.

If you are applying for a Fiancee visa and know you will need a co-sponsor, before filing the petition, best is to contact the consulate to confirm whether the consulate’s policies permit the use of a financial co-sponsor.

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Posted in Adjustment of Status, Affidavit of Support, eligibility requirements, Fiancee Visas, financial eligibility, Green Card, Marriage Visa, Spousal Visas

Philippines Marriage Visa – 1. September, 2010

I met a Filipina on my last day of a trip to Philippines. We are in love and want to marry. I am 30 years older then her. Do I have a chance to get my fiance or marriage visa application approved?

I am a matchmaker and founded http://www.heartofasiaonline.com I have helped many thousands of Filipina – American couples find each other. When marriage results, my couples often ask advice on how to accomplish immigration, and reunite in the USA.

The two issues are The relationship is brief and a large age difference.

Large Age Difference:

Large age differences between Filipina wife and Husband are common and generally acceptable in Philippines culture. Maturity and stability are valued. Respect for elders is a cultural trait. The US consulate in Manila sees a lot of December – May couples. And approves their petitions.

So, the large age difference is not a problem.

Brief Relationship
A brief relationship generally IS a problem. But the solution to the problem is easy. The couple should spend a little more time, a little more effort, in developing the relationship first, before petitioning for the Fiancee Visa.

Immigration is mandated to weed out visa fraud. They look for couples that pretend to have relationships, dishonestly attempting to enter the USA. These “sham” relationships make it harder for “genuine but brief”, or “genuine but poorly documented” relationships to be approved.

In order to be approved for the visa a couple must be able to prove to a skeptical immigration official that the couple has a “bone fide” or genuine relationship. In considering this they look at the longevity and the quality of the relationship.

I have recorded a youtube video on proving a genuine relationship. This is visible at

http://fianceevisaservices.com/youtubegenuinerelationship.html

Longevitity is how long the couple have been courting. In the above case, it looks like the couple has been courting only 2 months. There is no specific rule about how much time is needed, but for most countries I suggest clients have a minimum of a year. The US consulate in Manila is a bit more “couple friendly”, so for there I think a minimum of 6 months is ok.

Quality is basically how much time the couple have devoted to the relationship. Most important is “face to face” time. How many trips to be together. How many days face to face. A trip of 2 weeks together is more quality than a 1 week trip. Two trips is more quality than one trip.

Then, when separated, how regularly, how long and how often do they communicate?. Most couples can communicate via txt messages, emails, telephones, web cams and post. All of these methods can provide a “paper trail” of the contacts. The more regular, frequent, and time consuming the couple contacts each other, the more quality the relationship demonstrates. For example a couple that talks on skype once in the morning, and once at night is much more believable than a couple that trades one email a week.

In the case above, they have only 2 days of “face to face” time in the Philippines. I strongly suggest that the American sponsor add much more quality time by taking another trip. This time to devote himself to courting his Filipina fiancee, and meeting her family and friends. And of course now that they are separated he should communicate with her regularly and frequently. If he is computer savvy he can use web cams’ and emails. If not he should make regular phone calls. If he uses an inexpensive calling card (these are very popular) he should check that the service provides an itemized list of every call he makes. He will need this as proof of the contact when he submits his petition. I recommend the following prepaid card, cause it is cheap and ALSO provides an itemized call record. See http://fianceevisaservices.com/international-prepaid-long-distance.html

Above Case:
The age difference should not be a problem. Adding some more time and effort to the relationship, communicating regularly, retaining a “paper trail” of communications, and making another trip will overcome the ‘briefness” of the relationship.

Recommendations:
To obtain either Fiance or marriage visa, you will need to put longevity, and quality into your relationship in order for it to be deemed genuine.

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Posted in Bone fide relationship, Fiance Visa, Genuine Relationship, K1 Visa, Marriage Visa, Philippines

What is the Adjustment of Status Process for Fiance Visa? – 2. August, 2010

What is the Adjustment of Status Process?
do i need to file i-130 forms?what exactly is this form ? came us then marriage through fiance visa?

I am a matchmaker and founded http://www.heartofasiaonline.com When marriage results, my couples often ask advice on how to accomplish immigration, and reunite in the USA

The K-1 visa gives your Fiance the opportunity to enter the USA in order to marry you. If the marriage takes place before her visa expires, she can ‘apply to stay’, this is called Adjustment of Status. When her request is approved, she gets a drivers license sized id, called a Green Card which proves she has permission to stay and work.

Just like when you applied for the Fiance visa, you must prove to Homeland security that you have a genuine relationship. Now in addition you must ALSO prove that you are living together as man and wife.

What you should do is:

1. Marry early within 90 days of your fiance’s arrival to the USA. Obtain your Marriage Certificate.

2. As soon as married, start working on a ‘paper trail’ of documents that help you demonstrate a genuine marriage, and cohabitation.

Open Joint accounts for Banking. Such as Checking, savings, credit cards. Make sure monthly statements show both names and your current home address

Add her name to utility bills, such as phone, gas, electric, water, sewer

Add her name to your lease if you rent

Get her a drivers license, showing your current home address

3. Arrange her appointment with a ‘Civil Surgeon’ approved by Homeland security, who will confirm (I-693) she has all required vaccinations.

4. After you have the above ready, then submit your Petition Package I-485 to USCIS. Often Green cards are issued within a few months, but sometimes they take much longer. If you think your Spouse may need to work, or travel outside the USA before her Green Card is approved, you can at the same time apply for immediate permission for her to work (Employment Authorization, I-765) and for immediate permission for her to travel (Advance Parole, I-131)

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Posted in Adjustment of Status, Fiance Visa, Green Card, K1 Visa, Marriage Visa

I-130 petition for wife (marriage visa) – 16. July, 2010

I am a US citizen living in NYC i got married earlier in Jan 2010, I applied for a marriage visa for my spouse i130 in march and they recieved it on March 18, and my case is still pending in USCIS, they havent approved it yet?? would you please tell me how long they take to approve the case and also after they approve then how long the whole process takes???since i am a US citizen they should do it faster, my wife is coming from PAKISTAN. I has been 4 months and i havent heard anything from USCIS, the case is pending

So far your petition is within normal time ranges.

I am a matchmaker and founded http://www.heartofasiaonline.com When marriage results, my couples often ask advice on how to accomplish immigration, and reunite in the USA

The way it works is that two departments of the US Government are involved in the processing of this marriage visa. First USCIS (homeland security) reviews your I-130 marriage visa petition for completeness, and runs a background check on you with the FBI. When you sent in your petition in March, USCIS gave you a receipt, which included a link to their website, where you can go and monitor the status of your case.

When you log in the first thing you read is that they promise to try to adjudicate all cases within 5 months. Further they advise, if your case goes longer than 5 months, send them a message.

Your case so far has been in their hands for only 4 months. So you should definitely be patient for at least another month before becoming concerned.

Note: Recently the times square bomber went through the same process, and came from the same part of the world as your wife. USCIS/HomeLand Security/FBI is catching a lot of heat for that one (probably undeserved ) because of this you should expect extra scrutiny and delay.

Once USCIS approves, and this probably in the next month or so, then they pass the case on to the US embassy in Islamabad. You will have to check with them directly for an estimate of how long
it will take. Most consulates handle their part within 2 to 3 months.

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Posted in Consulate Interview, CR-1, I-130, Marriage Visa, Spousal Visa

K1 Fiance or CR-1 Marriage visa? – 15. July, 2010

Each petition process K-1 Fiance or CR-1 Marriage Visa takes 6-8 months on average, start to finish. And roughly 70% of the processing time the petition is deliberated in the USA, and the balance of the time it is deliberated at the overseas consulate handling your case.

If your K-1 Fiance visa petition is currently AT the embassy in UAE, you are probably less (far less) than within 2 months of getting this visa approved.

Or you can obtain a civil marriage, then START COMPLETELY OVER AGAIN, this time filing for a CR-1 marriage visa. Which will probably take another 6 – 8 months from the time you submit a brand new petition.

Your choice is 2 months on your current Fiance Visa path, or start a new Marriage Visa path for an additional 6 – 8 months.

If it was I, I certainly would wait to see what the results of the Fiancee Visa petition are first. If approved, your fiance comes to the USA and you marry.

There always is a chance the Fiance Visa petition may be denied. If that happens then you ‘up the ante” by having your civil marriage then applying for the CR-1 marriage visa. It is good to have this marriage visas option ‘in reserve’ in case it is needed.

He does NOT have to wait 3 months before being able to work. He can apply immediately for Employment Authorization, even the very same day he arrives on the Fiance Visa. Normally Employment Authorization is granted within a few weeks.

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Posted in Consulate Interview, Employment Authorization, Fiance Visa, K1 Visa, Marriage Visa, Spousal Visa

Can Colombian wife use visitor visa to the US? – 14. July, 2010

First of all what is the status of your Fiance? Is she currently in the USA or does she have a visitor visa and plans to come later?

If she is already here, and if when she originally came, she was not planning to marry you. Then you may be able to take a risky move, and marry her, and apply for her to stay. I say risky because, immigration will review the case carefully, and if they suspect that she intentionally “gamed” immigration by coming on a visitor visit, in an attempt to use it to marry you and remain permanently in the states, then the consequences may be that they will deny her request to stay, and deport her. Many couples have married, and could remain. But the best scenarios are those that did not know each other before the alien came to America to visit for touring, school, business or what not, then they met, fell in love, married. The essential aspect is that there was no plan, no intention to marry.

Now if she is not already here, it is already clear that you plan to marry. So definitely she should not attempt to come to the USA on a visitor visa and marry you. Not if she hopes to remain. She can marry you and return to Colombia, that is ok. But not marry you and try to stay.

The proper approach to bring in a fiance or spouse is to apply to immigration for a Fiance or Spousal Marriage visa. The process for either is taking 6 to 8 months. If you hope to marry here, you apply for the fiance visa. If you marry first in Colombia you apply for the marriage visa.

Once she arrives on the proper visa, she will be apply to USCISy for permanent residency.

The Fiance visa terms, are she marries you within 90 days of arrival. Then she applies for her Green Card. Three years later she can apply for US citizenship.

There are two different marriage visas. The more attractive one today is CR-1. When you apply for it, it includes the granting of the Green Card. So when she arrives in the states, she is already in possession of the Green Card. Three years later she can apply for US citizenship.

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Posted in Colombia, Fiance Visa, Marriage Visa, Visitor Visa

Marrying a Filipina who has been married in Philippines? – 13. July, 2010

If she remains residence in the Phil, then only an annulment will do.

To expedite this, start today, and if you are willing to throw more money at it, in terms of hiring a good attorney, and/or finding and negotiating with the ex-husband, then it can proceed more swiftly, say 6 months.

Divorce is a possibility, if she can live outside the Philippines and apply for her Fiancee or Spousal visa at the US embassy in her new residence country. The US consulate in Manila, is bound to follow local laws. So will not accept a divorce to a Phil citizen, can only accept an annulment.

If she is living in a different country, the US embassy there is not bound by Philippines laws, and so could accept either divorce or annulment. Don’t try this in Hong Kong however, because while they are not bound by Philippines laws, then choose to obey them, and so only accept annulments by Philippinos who had previous marriages to other Philippine nationals.

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Posted in Marriage Visa, Philippines

Choosing Photographs to accompany your K-1 Fiance or CR-1 Marriage Visa Petition – 12. July, 2010

Preparing a successful fiance or marriage 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 fiance, 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 aquarium, 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 leisure 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 occurred 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

Transcript from the Video

In preparing a fiance or spousal visa petition for USCIS it’s important to include some photos that proves that you and your life partner have met each other.

In addition you have the opportunity here to tell the story about your relationship and to to give the impression how sincere your relationship is. So it is important to choose the right photos and that’s what this presentation is all about.

My name is Fred Wahl and i am the Matchmaker and Webmaster at the Heart of Asia Romance Network.

We’ve been online for about fifteen years now and have helped thousands of couples usually from USA to overseas to Asia Pacific find each other and to get married and start families.

Almost everyday i get many phone calls from people advising the of their happiness, their success and asking questions about the Fiancee Visa process. It’s a bit complicated it needs to be done properly the first time. I’ve put together this presentation to help answer a lot of questions up front. I hope you enjoy and good luck in starting this adventure.I am not an attorney. I do not work for the US Government, I you need legal advice, please go to an attorney or to the Government.
What i provide here is practical, useful advice.

A successful visa petition is both art and science. The science is filling the blanks correctly and remembering to attach all of the required documents. The art comes in when you choose evidence to present that will convince even the most unfriendly and skeptical consulor officer that you were a bona fide couple.

One element of the rainbow of evidence sources you have are the photographs that you send in. Imagine this as if you were giving a very short slideshow of holy amended too and you’re using that opportunity to tell your whole story. Choosing the right photos to show to immigration is extremely important. The simple purpose
of the photo is to show that the two of you have met face to face that’s accomplished with one photo, but to demonstrate your bona fide relationship you need to tell a complete story and this is going to be about choosing which photos to tell the story and even more importantly to talk about which photos NOT to share, which would hurt your chances.

It may seem pretty obvious in the photos you send them both you and your fiance should be visible in the photo. Only choose those photos that show positive body language between you and your Fiance.

Look at the couple on the left. They’re both smiling. They’re both leaning towards each other. They are in body contact. They obviously by their body language, by their posture show they are a happy couple. Compare this to the picture on the right, where it looks like they just had an argument.

If you only have tight tonight close-ups on the couple’s faces, the story is very limited. It shows the two of you together but you’ve already said that
a hundred times, so better that you pulled the frame out a little bit. Take the photos at midrange so that we can identify the couple together as WELL as where you were and what you were doing. This shows that you spent time together and most importantly shows that you traveled and you did activities together and you were happy in each others presence
while you were doing it.

Try to go on more trips to visit your fiancee and if possible go at different times of the year is so your photos will reflect different seasons, or the different events or festivals for holidays that are going on so that they will be verry clear when the picture was taken.

Take photos at different times of the day to show that you spent a lot of time together.

Having your camera automatically insert the month day and the year into each photo is the simplest and most effective way to demonstrate when your photos have been taken and that they have been taken over more than one day.

Pick some shots with friends or co-workers. If a couple is genuine one would expect the proud fiancee to show off and introduce her fiance to her friends or co-workers or fellow students.

A group photo at her place of study, work or leisure with her peers is a good choice.

A serious Fiance will meet his new in-laws and especially would want to meet her parents and or family elders to officially ask for her hand.

Photos showing the couple together with her happy and “all on board” family is of value.

Don’t be repetitive. One of my clients keep me twelve pictures of him and his fiancee at a single restaurant. Of course, each one of these pictures was very precious to him and his fiance. He should have saved these for the family album, not used for the purpose of the petition.

One possibly two pictures that tell about a particular moment in your time together is interesting and effective.

The consular officer will be reviewing your petition and then sitting down with your fiance interview her about your relationship. You want to make sure the photos that he sees, keep him friendly, and interested on your side: that he has a positive feeling about you and your fiance.

This person may have strong moral, racial, religious or cultural biases. Be extra careful not to inadvertently offend him. Do not allow any suggestion of sex, NO MATTER HOW SUBTLE, into the photos few you choose. No hugging, no pictures in the bedroom.

Avoid looking like King Kong with a tiny Faye Ray. Organize the photos so that you don’t seem to be overwhelming and overpowering to your Fiancee. Try midrange shots, perhaps with both of you sitting down together so your heads are side by side.

Avoid negative body language shown by the OTHER people in the Photo. I got one photo of a couple with her parents. The couple is smiling, but the parents were scowling. Perhaps that’s the way the parents always look. I will never know, but that particular photo made it appear that the parents were not happy with the engagement. Such a photo should be avoided.

Be sure not to be culturally offensive. I got one photo and the couple were in front of a statue of the character out of her country’s cultural history. The couple were making hand gestures like the character was wearing horns.

Perhaps the consular officer would’ve thought that was funny, like the couple did or perhaps he would have been offended. I would not want to take that chance.

And also don’t cheat.

I’ve seen many photos where people have faked the date stamps on the photos. This will always get caught. Please don’t even attempt this.

Everyone’s case is going to be different, but my imaginary ideal of a timeline of an authentically romantic engagement would be as follows:

My ideal couple has been corresponding for six months or more. The man flies 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. Three to six months later he can’t bear to be apart from her any longer and flies back to her country. He stays longer this time and he meets her family her friends. He gives her her a ring. They are formally engaged. She shows him more of her country and upon his return to the USA he submits the Fiancee Visa petition.

Now the photos I would like to see from the first trip are just simple photos of the couple together, on different days, wearing different clothing in various identifiable locations. From the second trip, somewhat the same idea, again photos of the couple together on different days, different clothing, different locations but also added would be photos with her and her family with their friends, with an engagement party, she wearing the engagement ring.

If you need assistance to prepare your petition come to FianceeVisaServices.com

For do-it- yourselfers, I will review your package and give you my comments before you submit to immigration. and finally also for do-it-yourselfers I have a two e- books one for Fiancee Visa applicants and another for Spousal Visa applicants.

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Posted in Bone fide relationship, Fiance Visa, Genuine Relationship, I-129F, I-130, Marriage Visa

Fiance And Marriage Visas

Archive for the ‘Marriage Visa’ Category

Petition Denied: What to do next? – 11. January, 2012

Immigration for Children of your Fiancee or Spouse – 6. October, 2011

Immigration Financial Eligibility Requirements Raised for 2011 – 17. April, 2011

Philippines Marriage Visa – 1. September, 2010

What is the Adjustment of Status Process for Fiance Visa? – 2. August, 2010

I-130 petition for wife (marriage visa) – 16. July, 2010

K1 Fiance or CR-1 Marriage visa? – 15. July, 2010

Can Colombian wife use visitor visa to the US? – 14. July, 2010

Marrying a Filipina who has been married in Philippines? – 13. July, 2010

Choosing Photographs to accompany your K-1 Fiance or CR-1 Marriage Visa Petition – 12. July, 2010

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