Visa K-1 RFE primary/secondary???

[jay5688]

Hey everybody

I have really been getting an education on the visa process,, wow
I just learned about RFE=request for evidence letters sent out to the applicants for not enough or the wrong kind of evidence of a relationship. Visa journey has a great post on the subject. I can't remember reading anything about primary or secondary evidence anywhere. Maybe I just missed it. Most of this info is from VJ and other places. If I had known this when I was in Colombia, either type would have been no problem.

Primary evidence=Exit/entry visa/passport stamps, airline ticket boarding passes, hotel receipts, ATM withdrawals in the subject country/city, apartment leases in both names, utility bills, etc. (for those that have lived together) are irrefutable as primary evidence. Airline booking confirmations, Airline Frequent Flyer statements, xx/xxxx Bank Statements (highlighted the purchases/ATM withdrawals made in during this period), restaurant receipts or purchases that match credit card transaction on the end of the month statement, especially with the card holders carbon copy signature.

Secondary evidence The USCIS defines secondary evidence as any documentation that can be used to supplement primary evidence but in itself cannot stand alone to prove ones assertions. Photos, bus tickets, engagement ring receipts, affidavits from family/friends may be used to supplement weak primary evidence if the primary evidence can not stand alone on its own merits. Anything that cannot be used to prove your point with a very high degree of certainty.
 

RFE letter's clearly mention to provide flight tickets, boarding passes , place of meeting , credit card transactions, hotel bookings, movie ticket stubs, etc. Look at evidence of having met within the required 2 year period from the view of a third person. In other words 'I know it to be fact but will the adjudicator know from the evidence I have submitted'. Concentrate on providing strong overall evidence to support the fact, as opposed to an abundance of relationship evidence. Distinguish between the two.

Ray gave me a bunch of info which is great but, I did not realize the importance of both kinds of evidence needed.
I realize some people like to use cash but, in this case I am so glad I decided to use my credit cards for most things. I am also a receipt packrat from to many years in business, so that has helped me have most of the things I need. I wish now I would have read more about this process and the things needed  before I actually had to have them. I really didn't keep the airline stubs on purpose. I also think somethings are overkill from our wonderful government, of course they have the rules in place for a reason. Do not under estimate the importance of providing lots and lots of evidence for the relationship.
I hope this helps someone down the road.
good luck, Jay


 

[utopiacowboy]

More reasons to go the K-3 route. The only evidence any one ever looked at of our relationship was our marriage certificate, all the way through to AOS. Nada mas.

[jay5688]

Thanks alot utopiacowboy 
 
Now I have to start educating myself all over again, just kidding

I thought the k-3 was more time consuming by adding 3-5 more months to the whole process and was more paperwork than the k-1 visa. I guess my learning experience is just beginning. Now I will want to really look at both equally. The time issue is the most important at the moment, I guess me wanting her here in the US sooner was a big reason for the K-1. I also want to make sure she likes the US as well or should I say living with me. I realize, that is not what the K-1 is for but, it is a benefit I was willing to take advantage of.
I am seriously looking at the K-3 now and what is required,

thanks, Jay

[Ray]

Usually, evidence of meeting within 2 years can easily be shown if you submit a complete copy of your passport and several photos of the two of you together. That should be all you need.

The terms “primary evidence” and “secondary evidence” often refer to the submission of hard documents such as a birth certificate, used to prove your US citizenship. Alternative primary evidence in this case may include your passport, naturalization certificate, or FS-240.

If a primary document like a birth certificate is not available, and you have evidence to support the non-availability, or there are errors in the documents, they will consider other documents such as a baptismal record, early school records, affidavits, or official census records as secondary evidence.

For evidence of a valid relationship, there is no irrefutable evidence, so a lot of evidence is usually better than a little, as you correctly stated. Note that probably the best evidence of a valid relationship is the existence of a child born of your relationship.

Keep in mind that the bulk of relationship evidence will be required later at her visa interview. That’s when she should have all the photos, letters, phone bills, receipts, etc.. She should also have the originals of any document copies that you submitted with your petition, in case they ask to see them.

Ray

[william3rd]

first-you need an I130 filed and a marriage performed underneath that. Otherwise you dont have to worry about researching a K3. you also have the same vawa restrictions as you do under a k1. They are currently running about the same length of time. If you are ready to start, then quit dithering and go with a K1.

In over 3700 fiancee visas I have never recommended marriage abroad unless there was a significant and long term relationship involved. even so, the failure rate in these relationships are catastrophic

[Ray]

More reasons to go the K-3 route. The only evidence any one ever looked at of our relationship was our marriage certificate, all the way through to AOS. Nada mas.

UC, this is not typical.

The documents and supporting evidence required for a K-3 are very much like those required for the K-1.

The main difference is instead of the proof of meeting and statement of intent to marry required with the K-1, you submit your marriage certificate with the K-3.

With the K-3, you will still need proof of citizenship, proof of termination of prior marriages, evidence of a valid relationship, photos, biographic data forms, IMBRA compliance documents, etc.

Ray

[utopiacowboy]

UC, this is not typical.

The documents and supporting evidence required for a K-3 are very much like those required for the K-1.

The main difference is instead of the proof of meeting and statement of intent to marry required with the K-1, you submit your marriage certificate with the K-3.

With the K-3, you will still need proof of citizenship, proof of termination of prior marriages, evidence of a valid relationship, photos, biographic data forms, IMBRA compliance documents, etc.

Ray

Where does it ask you to submit evidence of a valid relationship for a K-3? All the rest of it you do have to submit but all this nonsense about showing how many visits you made and how well you know each other etc. is dispensed with. All you need is your marriage certificate along with the other items you mentioned. The K-3s get a free pass compared to the K-1s.

[william3rd]

Where does it ask you to submit evidence of a valid relationship for a K-3? All the rest of it you do have to submit but all this nonsense about showing how many visits you made and how well you know each other etc. is dispensed with. All you need is your marriage certificate along with the other items you mentioned. The K-3s get a free pass compared to the K-1s.

No free pass at all. IMBRA and VAWA applies. wifebeaters need to forego the K3 and stick with a straight IV application under the I130.

You got a pass because you were marrying a widow closer in age to you with children, not because the system is any easier.

BTW- there are alot of fake marriages these days-they dont all get passes. If the consulate smells something funny, they will not hesitate to turn the case over for investigations (which can take years).

[Ray]

Where does it ask you to submit evidence of a valid relationship for a K-3? All the rest of it you do have to submit but all this nonsense about showing how many visits you made and how well you know each other etc. is dispensed with. All you need is your marriage certificate along with the other items you mentioned. The K-3s get a free pass compared to the K-1s.

UC,

Sorry, but there is no such thing as a free pass.

When she goes in for her visa interview, she will need evidence of a valid relationship, whether it's for a K-1, K-3, or CR-1. And yes, she will also be subject to questioning about your relationship, including how you met, how many times you traveled to meet with her, etc.

Didn't you ever hear of a spousal visa being denied for lack of proof of valid relationship?? It happens all of the time.

Later, when she petitions for removal of conditions, you will need to once again submit evidence of a valid relationship.

Ray
 

[utopiacowboy]

For the removal of conditions we submitted a bunch of stuff showing that we were each other's beneficiaries for heath insurance, pension, etc along with things showing that we lived at the same address. As is frequently the case, the removal of conditions was approved without an interview. We never submitted any evidence of our relationship for the K-3 or the AOS and we weren't asked any questions about our relationship in either interview.

[Ray]

You were lucky UC, and definitely an exception to the standard procedure...