ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & Procedures**PLEASE HELP!!!**
Also, Colt never suggested LYING to USCIS. I think they are just confused about the classifications for each visa, as I-129f used to be applicable for K-1 and K-3. They would have been eligible for K-3, which I believe is no longer being processed. Someone told me recently that it is now CR-1/IR-1 only with the I130. Could someone clarify this?

Colt, I-130 is unfortunately your ONLY option. This site has a lot of information which can aid you in getting through the interview (and the city) safely. I would recommend being in attendance for your wife's trip, or having someone who is familiar with the city attend with her. In this case, fear is good and it will allow you to plan for the best course of action. Check out the regional forums and you will find some people who have gone through the same process who can advise you on the dangers and how to work around them.
hithalynnFemaleCanada2010-11-06 16:47:00
K-1 Fiance(e) Visa Process & Procedures**PLEASE HELP!!!**

Just out of curiosity, why would a marriage visa (as opposed to fiance visa) go to a different embassy for the interview? I thought they all went to the same places--for example, my husband would have gone to London no matter what we had applied for. Is this not the case in other places?


It depends on the country and how many Consulates they have that are processing family based visas. Canada has two consulates that process. One processes all visas and the other one only processes K-1. They are on different sides of the country.

Colton, you can file the I-129F for a K-3 visa, which is the marriage-based version of the fiance visa. You should not have to pay the $455 fee. Take a look at the info for the form on the uscis website: I 129F form.

All the best to you.


Someone told me recently that the K-3 no longer exists. It is marriage based only with the I-130 form.
hithalynnFemaleCanada2010-11-06 16:40:00
K-1 Fiance(e) Visa Process & Proceduresletter of intent to marry

in the body of the bill it's asking for the USCIS service center address. i've not gotted a service center yet. what address would i be using?


The Texas lockbox address. All petitions are now being sent their, and forwarded onward upon the cheque being cashed. Check out this forum... http://www.visajourn...r-to-file-129f/
hithalynnFemaleCanada2010-11-07 13:22:00
K-1 Fiance(e) Visa Process & ProceduresNever "met in person" - disabled

How about flying over to Singapore? They have the best airport in the world, Changi Airport. You don't even have to leave it. They have hotels, pools, movie theater, etc on the grounds and everyone speaks English. Spend a day or two there and fly direct back.


He stated prior, he is physically unable to fly, risking paralysis.

Also, all of these grand plans to meet don't address the fact that he is under the poverty line (aside from parents support). For most people, taking a $3000 cruise to another continent, or hiring an attorney, are not always options.

I think if you are as honest as possible, apply for a tourist visa and be up front about your situation. It seems very honest, and if she can claim ties to her home country, she shouldn't have a major issue in visiting. Otherwise, meeting somewhere else might have to be the only option. Somewhere that you can drive and she can fly without difficulty. For this case, a lawyer would be outrageous. A regular K-1 lawyer with no special circumstances costs between $1750 and 10,000. For special circumstances, it would cost a lot more. I would suggest trial and error for the time being, and have patience with the process. Go through the steps one by one and see how far you can get without taking extreme measures.
hithalynnFemaleCanada2010-11-07 00:06:00
K-1 Fiance(e) Visa Process & ProceduresSignature date

Hello everyone,

I was wondering if there's a policy regarding when documents should be signed, in
regards to when documentation is processed. I am finally now ready to send off
my I-129F package and a few of our documents have my fiance's signature dated
08/31/2010. We were planning on submitting the package earlier, so he mailed me
the original documents in August, with the original signature, but the date is now
over 60 days old. Could this be a potential problem? The documents that have this
date are the G-325A form as well as the intent to marry.

Thank you!



This should not be a problem. For some beneficiaries it takes weeks, and sometimes a couple of months for paperwork to be sent from their country to the USA. This doesn't seem to be an issue for most. I think the Interview letters of intent must be within a closer timeframe, but once again, postal services differ in speed, so I would look into this when the time comes.
hithalynnFemaleCanada2010-11-07 23:53:00
K-1 Fiance(e) Visa Process & Proceduresplane tickets????
I have only e-tickets from my trips to the USA, and only 2 passport stamps that prove I traveled there (despite being there 6+ times this year). Not every POE stamps the passport, and it depends which country you are coming from.

In my case, I included a print out of flight history with the airline from my frequent flyer miles, PLUS the itinerary, PLUS photographs from the trip. And any passport stamps acquired. This was for the I-129f. For the actual interview, I would suggest requesting boarding passes from future flights as primary proof, along with passport stamps. (I am making a habit of asking for a stamp from now on as well). If you don't have this evidence, you can't panick at the I-129f stage. Most people are unaware they will need these docs until engaged and looking into the K-1 process, only to gasp at the thought of throwing all of those docs out in the past. Work from this point forward to make the best case possible and you should be fine. The worst that will happen is an RFE in most cases, and that can usually be remedied with current documentation.


Speaking of required documentation - how would any of you suggest I compile phone records given this situation: I call him using skype only, or a calling card, and he calls me for a couple minutes at a time, and has me call him back immediately to avoid atrocious cell phone long distance charges. For the I-129f I included all calls from 2 separate phone bills of his, made to my number, and I included the records from our Skype conversations to his cell phone, but frankly they don't really prove that it is me calling his cell. Any suggestions? Technology is great most of the time, but when it comes to immigration - not so much!
hithalynnFemaleCanada2010-11-08 00:04:00
K-1 Fiance(e) Visa Process & ProceduresPolice Check - How soon can I request? Other docs?

2 things I would consider: what is the current wait time for an interview in Vancouver as I'm assuming that's where you'll be going. Also, how long will it take you to get the police clearance once you ask for it. I've read that some places take much longer than others. In my case, I had the two extremes: 9 months between filing the I-129 and the interview and 3 days to get the police doc and I was totally fine time wise.



Packet 3 to Interview at Vancouver wait times are between 1 month and 3 months right now. However, we are going through CSC, so who knows when our I-129f will be processed. Hoping for 5 months, but not expecting it by any means.
hithalynnFemaleCanada2010-11-08 15:44:00
K-1 Fiance(e) Visa Process & ProceduresPolice Check - How soon can I request? Other docs?
Does this mean I can work on getting the clearance now? Is there a limit to how old the clearance can be? I am estimating 5 months to interview from this point... based on current timelines.
hithalynnFemaleCanada2010-11-07 23:45:00
K-1 Fiance(e) Visa Process & ProceduresPolice Check - How soon can I request? Other docs?
I am getting everything ready for Packet 3 and the interview, and curious when the soonest I can request my police clearance would be? Any specific requirements for this that anybody knows of? I already ordered the birth certificate, immunization records, got recent shots, working on the vehicle letter of complaince... Anything else I can get ahead of time?? I will be in my last month or two of my BFA degree when the interview date rolls around, so I want to be proactive here.

Anything else required for moving that I can get on top of now?
hithalynnFemaleCanada2010-11-06 17:06:00
K-1 Fiance(e) Visa Process & ProceduresProof of Ongoing Relationship
http://goldline.net/PCs.aspx

The exact service I use in Canadian specific, but it is a variation on their IDCaller card. I am not sure if these are available internationally, but they might have options that are. The version I have is not a card at all, but an online account that I recharge.

truroots.ca is another site that works similarly, but I am NOT sure if they offer records. You would have to look into that.
hithalynnFemaleCanada2010-11-08 15:05:00
K-1 Fiance(e) Visa Process & ProceduresProof of Ongoing Relationship

Hi!

I have a similar ongoing situation/problem. I do try to use calling cards when I call my fiance and talk for longer (much cheaper that way). I also call him regularly directly using my cell phone for shorter calls because it is convenient (though very expensive) and because I am keeping my monthly statements which clearly list the date, phone number called, and the minutes that the call lasted.
The good thing about your case (and mine, too) that you can provide proof of other forms of communication. My guess is that showing a variety of ways in which you communicate (snail mail, e-mail, MSN Messenger, Skype, calling cards, etc.) makes the one main point we are trying to establish: you communicate regularly and that helps prove that you have an ongoing relationship.

Best wishes!


Next time try finding a company that gives you records of your calls. I just found out that mine does and printed them immediately :) It might be worth the extra effort.
hithalynnFemaleCanada2010-11-08 00:10:00
K-1 Fiance(e) Visa Process & ProceduresK1 DENIED!! What next!?

Wow, how heartbreaking! My wife and I met 15 months ago in China. Ten (yes,10!!) trips to China and 150,000 flown miles later, We found ourselves at the embassy in Guangxuo for her interview. As you can imagine, we had hundreds of photos, receipts, etc. as evidence that our relationship was legitimate. We even had a wedding ceremony this past february in her hometown. I even lived with her last summer in Shenzhen.
The interviewer was incredibly RUDE and gave her less than 3 minutes of his time. He barely looked at a little of the mountain of evidence and denied her with a "blue" form. He told her that she needed phone records and that was all we were missing.
This sounds like total BS to me. Had he spent three minutes with both of us ( I was waiting downstairs! ) he would have easily seen that ours was a legitimate union. After talking to many people ( including her friends, all of whom were passed with barely a thought! ), we were told that maybe our age difference (she is 29, I am 48) was a factor in the denial. My greatest worry is that this man was not being truthful and has no intention of approving us. As you can see by the photo, neither one of us appears our age. Anybody have any thoughts/comments/suggestions would be greatly appreciated.


Phone records seems like an outrageous reason for not getting approved. So many people use video chats these days, and with cost of long distance, skype is the best option. Perhaps next time you will get a nicer officer. Best of luck!!
hithalynnFemaleCanada2010-10-25 18:27:00
K-1 Fiance(e) Visa Process & Proceduresfinacee wants to return to Ukraine
If she wants to marry you, have a civil ceremony, keep it on the downlow from the parents, so it satisfies the marriage within 90 days requirement, and then plan for the religious ceremony in the Ukraine. Everyone is happy. I don't see why this is such a difficult thing. The USA wants the legal marriage completed within 90 days... this does not mean you can't plan for a larger or more spiritual ceremony after the fact. For her family, they prob won't consider the civil ceremony marriage anyway, as it isn't religious. So nobody is harmed doing this. USCIS is happy, you are happy, she is happy, and her family is happy.

We are marrying and I am not even telling my parents the specifics, aside from the legal part, until we can plan something larger. That way a slew of people won't show up at the court house wondering why they weren't invited. It is an easy fix. It also happens to be the choice of a lot of people on VJ.

Edited by hithalynn, 07 November 2010 - 11:51 PM.

hithalynnFemaleCanada2010-11-07 23:50:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Visa

You forgot to mention actually reading the I-129F instructions. :thumbs:


See the post above... that was a second post I made. I sent a link to the instructions.
hithalynnFemaleCanada2010-11-16 02:11:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Visa
I posted this a while back. People, feel free to elaborate if I forgot anything...

A brief run through of the necessities:
-Cover letter w table of contents
-Check
-I-129f
-G325A for you both, signed and dated
-Passport photos (US size) in colour from you both (2 each I believe)
-A copy of your birth certificate (front and back) or all pages of passport
-A letter from each of you stating intent to marry (Basically a letter saying you are engaged and will marry within 90 days of her entry into the USA on her K-1 if approved). Signed and dated
-Proof of your meeting in the last two years in person. You will want to have enough here to give your case validity, but not toooo much. I included 6 photographs from varying times within the last 2 yrs, phone records, passport stamps, flight itineraries and boarding passes, emails planning our visit, receipts from a trip to disneyland we took together with both our names on it.


Depending when you file, the cost will be different. Check the USCIS filing fees on the day you send the form to verify the amount of the check for the I-129f.
hithalynnFemaleCanada2010-11-15 20:45:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Visa

I am a little confused at what exact documents that I need to submit to get my K-1 visa started. I have been looking at this website and the USIC's website and I am getting conflicting information (or I am reading it wrong.) I have the I-129f, I-134, G325A, intent to marry all filled out. But then I read somewhere that I need a notarized piece of paper just a little confusing. Hoping someone could take the time and let me know exactly what I need.
Thanks


Everything you need is stated on the I-129f and instructions sheet. The 1-134 - affadavit of support is not needed until the interview. G-325A for BOTH of you is necessary, including passport photos of both of you. Proof of a relationship is also an important optional - and will help validate your case. Photographs of you and your fiance, passport stamps showing you met in person in the last 2 yrs, etc. Don't go overboard, but look at your case from a objective standpoint and consider what information they may require to tell you have met/are in a relationship.

Notarized documents are absolutely not necessary. You will need a copy of your birth certificate front and back, or a copy of ALL pages of your passport. The beneficiary's passport and ID are not required at this time. Just the passport style photo.

Also, be sure you have the latest forms. The forms on this site can be outdated at times. It is advisable to get your forms from the USCIS website directly. Such as this... http://www.uscis.gov...form/i-129f.pdf . Check the expiration date at the top right for validity.

Here are the detailed instructions... http://www.uscis.gov...i-129finstr.pdf

You will want to organize your petition so it is as easy to read as possible, with tabs preferably and a table of contents. Like the previous poster said, follow the VJ guides, use the templates and you should be fine. We are here if you have any questions. http://www.visajourn...content/k1guide
hithalynnFemaleCanada2010-11-15 20:40:00
K-1 Fiance(e) Visa Process & ProceduresDo we have time?

Hi,

Canadians and the US have had an amicable relationship so I think we thought ( we did ) it surely won't take too long. A lawyer told us 5-6months at the most. Well Cr1 journey for us took 14 months. There was a problem with an RFE for a passport photo that was lost somewhere. Also a hiccup in the EP processing. If we had any concrete plans we would have been up s$it creek so to speak.

I hope you plan carefully and hope that MONTREAL SPEEDS UP!!! June case completes are still waiting for an interview.

All the best to you and your future partner. This should be a stress free journey !!


Lawyer's estimates are just that, estimates. From my experience, every lawyer I spoke with about the K-1 had a different answer for me. USCIS processing timelines are the most accurate estimates we have.

To the original poster, keep in mind that the processing time will vary depending on a number of factors. Depending which service centre your case is routed to, you will be waiting anywhere between 4-6 months at this point. That is with NO bumps along the way whatsoever. Montreal interviews are taking a while as well. As long as you are a thorough as possible, you should be okay, but with immigration, it is always a gamble - and there is no guarantee for approval to begin with! Not to try to discourage you, but denials do happen, so be prepared for the worst either way. Most people who do the K-1 process do not set a wedding date until approved, especially not with concrete plans as anything can happen with this process. Most get married within the 90 days by going to a court house, or planning something more flexible that allows for changes. With this type of arrangement, you can always plan a bigger, more meaningful wedding later, that friends and family can save the date for.

As someone else mentioned, it might be smart to try to change your dates a little, risking losing part of your deposit, to ensure you don't lose all of the money if the wedding has to be cancelled altogether due to delays. We never know what will happen with USCIS, the service centres or the consulates. RIGHT NOW you SHOULD be okay with your timing, but anything can happen and we all need to remember that when planning for the future.
hithalynnFemaleCanada2010-11-15 20:31:00
K-1 Fiance(e) Visa Process & Proceduresthis can't be happening!!!!

This was my thought exactly after thinking it over...that we'd be able to still attend the interview, but just be delayed getting the visa due to this situation. I'm still sickened over it.



I would find a way to demand payment from the school to cover the cost of this. THEY lost it, not him. See if there is a waiver he signed when giving the passport to them in the first place,and if not they can be held financially responsible for the loss. (saving money is always good considering this process is so expensive!)
hithalynnFemaleCanada2010-11-06 17:02:00
K-1 Fiance(e) Visa Process & ProceduresBirth Certificate for I-129F

Thank You......


If they don't let you know which BC they require, isn't it their fault and not yours? I know long form is required for the beneficiary in many cases, but have never heard of it being required for the I129f. Passport is fine if your bc doesn't have this info for the petition. The visa interview required docs will be different, and the checklists I have seen state long form on them. Someone should clarify where this long form requirement for I-129f is coming from so it is proven that it is not simply poor information on the forums.
hithalynnFemaleCanada2010-11-15 20:22:00
K-1 Fiance(e) Visa Process & ProceduresCommitment Ceremony

I want to thank everyone for their honest feedback. Based on what folks here were warning us about, we consulted with 2 laywers: one a colleague of a lawyer-friend and the other an immigration lawyer through JustAnswer.com. Their feedback was consistent. The JustAnswer lawyer responded as follows:

"The general rule is that any legal or religious ceremony that is recognized in your home country would be recognized by the US Consulate to be a marriage for immigration purposes.

If there are not existing precedents that interpret this ceremony as not a marriage for immigration purposes, the US Consulate would probably be more inclined to consider that you are married and require that your fiancee/spouse petition for you as K-3 spousal visa. The majority of immigration laws favor a conservative interpretation so the US Consulate and USCIS will generally decide cases based on this perspective even if there is reasoanble contrary legal argument.

The K-1 visa would most likely be denied or delayed so unless there is a very compelling reason to have the ceremony, you and your fiancee may unintentionally delay or complicate your immigration to the US."

Regrettably, we have postponed our ceremony until the K1 Visa has been approved. Fortunately, we had planned a very small ceremony, so it only required about 6 emails and 6 phone calls.



The way I see it, you both know you are committed to each other and that is what matters most. "married" as a term, or a ceremony is simply a formality. I think it is in your best interest that you postponed the process. This way the ceremony will not be accompanied with stress about its effect on your K-1 process. Now you can relax, and you will know that your family from Canada can freely visit the USA when you do get married. With regard to the question about them freely traveling to the USA, you don't need a visa to travel and they don't usually care who you are going to visit. I doubt you would have had issues with this.

Also, please fill in your timeline and profile information as best as possible. It will let us help you with any questions you have, including this one :)

I'm the Canadian in this relationship :-). I'll be interviewing in Calgary.

Thanks for the input.


Calgary consulate does not process family based immigration cases. Vancouver is Montreal it is...
hithalynnFemaleCanada2010-11-17 20:24:00
K-1 Fiance(e) Visa Process & ProceduresHas anyone heard of being Denied at Point of Entry?

I was denied entry a year ago. I didn't have strong ties to Canada with me. Since then I have been allowed entry 3 times. Make sure you have a return ticket. Strong ties to your country such as proof of employment, utility bills in your name, proof of a bank account, etc. Be truthful with the officer and only answer the questions he or she asks with short straight to the point answers. Good luck!


I think this thread refers to denial of the K-1 as a whole at the POE, not just visiting during the K-1 process. Good points though for anyone crossing. In this case though, ties to Canada would not be necessary (upon entering on your K-1 visa).

Edited by hithalynn, 20 November 2010 - 09:26 PM.

hithalynnFemaleCanada2010-11-20 21:25:00
K-1 Fiance(e) Visa Process & ProceduresGive me your opinions or Facts.

Exact;y. In a difficult consulate, MAKE it known you are there.

As to plan B, why not go to the interview and if it is successful, great. If not you wll be there to get married then fly home and file the I-130.

You need to decide if your job is more important than your fiancee, I can't do that. My job is NOT more important than my (now) wife.I guess I just do not do anything without doing what is the BEST I can do. Then again, maybe your fiancee says "hey no big deal, I will gladly do it myself" Each couple is different. I think Alla would have keeled over dead waiting in line outside if I wasn't there. On the other hand SHE went to the interview for our son (k-2 to follow) like an old pro at it, AFTER she had done it once before.

But unless I was physically unable to go...like medically impossible due to being in emergency surgery and missing my flight, I would go.


In this case the job is just as important as the fiance, as there can be no future wife if the job doesn't exist, unless he moves to her home country. Another note though, it might be important for him to attend, simply to help her through the stress of the process, and the stress of packing up her entire life and moving west. You should most definitely accompany your fiance across the POE with her personal things and to make the transition less scary for her. I am from a close country to the USA and I STILL want my fiance here with me when I cross. I know I am fully capable and willing to do it on my own, but the beneficiary is often the one giving up their previous life (all of it in some cases!) for the petitioner, so in my opinion it is the least he can do (my fiance). I would figure out whether you plan to accompany her, because that would require additional time off, depending on how quickly applicants are issued the K-1 in her country. Perhaps you can kill two birds with one stone and accompany her to the consulate and across the POE. Otherwise, you might want to choose one or the other, but definitely try for one if at all possible. She will be forever thankful.
hithalynnFemaleCanada2010-11-20 21:35:00
K-1 Fiance(e) Visa Process & Proceduresit's been 16 weeks since NOA1 and no news - normal??

I don't kknow where you guys get the idea of five months...I have been reading a whole lot of the posts where these couples get their visas mostly after 6 or 7 months. It does not matter when you get NOA1 or NOA2, if you get your visa after 8 months, then 8 months is your timeline. In my understanding the I 129f (to be more specific) is not serving it's purpose. By the way is there any one out there who can tell us why they came with the I 129 petition? I am asking because its no difference now between the I 129 and the I 130. Infact, If I had to do it all over I would go for the I 130... It is less expensive with your partner getting their green card much sooner, and more. Think about it and do the math before reply. Again the uscis or whoever is responsible are not using the I 129 K 1 visa for it's original purpose. It's that simple.



It is not that simple. Every step of the timeline is different depending on a number of factors. I-129f filing location, consulate in the foreign fiances country, their processing times, and any RFE's that happen along the way. I129-f is not the same as I-130. I 129f serves its purpose as a fiance visa. It is suitable for fiances, not couples who are already married. This is why they have the I-129f petition. These timelines for individual steps in the process are valuable in that they give people a framework in which to base their case, based on the individual factors that their cases entail. Not everyone is willing to get married and live apart for a year in some cases, or more, so the fiance visa exists for this reason. It allows couples to get to know each other before signing their lives off to each other. It makes tons of sense and serves its purpose quite well. Yes, the waiting sucks, but patience is a good skill to learn. Especially when marrying someone after knowing them quite minimally in person ;)

Not to mention, some people aren't willing to marry if there is a chance that they could never be a resident in the same country. I-129f gives them this piece of mind before tying the knot.


To answer the original posters question, people are correct. 5 months is the guideline right now (it has been less in the past, but loads shift throughout the year). Just relax and you will get it soon :) June filers are currently getting their NOA2's at the CSC, so you shouldn't be too far behind. Best of luck!
hithalynnFemaleCanada2010-11-09 14:40:00
K-1 Fiance(e) Visa Process & ProceduresK1 I-134 Self-Sponsorship Query
I guess I can throw my own question in here too...

We are having joint sponsorship by my fiance's father, who is also married with his wife on the same tax return. For this, what is the best course of action for preparing the I-134?

Also, is there any special information that needs to notify the consulate of the joint sponsorship, aside from two I-134's? Any info appreciated.
hithalynnFemaleCanada2010-12-15 01:14:00
K-1 Fiance(e) Visa Process & ProceduresTotal Cost of K-1 Process to POE??

One more thing you might need to consider is that after POE, you won't be allowed to work till you get your EAD (if you apply for it) or your green card. EAD takes roughly 3 - 4 months to get while the green card takes longer.



Do you know approx how long the GC takes?

I am also curious how long a SSN takes to get, as I will be without a license until I can get one.. ugh. Dependency is sure fun!
hithalynnFemaleCanada2010-12-15 21:26:00
K-1 Fiance(e) Visa Process & ProceduresTotal Cost of K-1 Process to POE??
Thanks everyone. I think we have it mostly covered. So if I am reading this correctly, the "interview cost" as per the Vancouver consulate's website includes the visa processing?

We have taken everything else into account after POE thus far. Adj of Status, Biometrics, Civil Surgeon cost for immunization record, changing conditions after 2 yrs of green card, and eventual naturalization. Moving costs and shipping costs have also been considered.

If anyone knows of any cheap hotels near Woking Medical/the Consulate, please send me along a personal message. I am going to start looking so I am ready to book once I get the date from the consulate. Have also factored in ferry costs from Vancouver Island and food. Immunizations have already been covered, thanks to MSP and a lovely dog bite last year :)

Police report is $50 in Victoria BC :)

Edited by hithalynn, 15 December 2010 - 12:56 AM.

hithalynnFemaleCanada2010-12-15 00:56:00
K-1 Fiance(e) Visa Process & ProceduresTotal Cost of K-1 Process to POE??
I am curious if anyone can help me out with any of the costs associated with the K-1 process that I may not have accounted for. From reading the forms, and sample packet 3, this is what I have found so far:

I129f: $455 (filed prior to Nov 23, 2010)
Medical: $350 (Woking Medical Services in Vancouver)
Interview at Consulate: $350
Travel costs to Vancouver: based on date and where I stay

What else should I be considering?? We are going to be borrowing the money from my fiance's father, so we want to have this figured out in advance. any help is appreciated. Thanks!

note: seeking up to date, exact costs here, or even just things I need to worry about. I can look them up if I know what I am looking for.

Edited by hithalynn, 14 December 2010 - 02:45 AM.

hithalynnFemaleCanada2010-12-14 02:43:00
K-1 Fiance(e) Visa Process & Procedureslawyer or not

hello, I'm a newbie :) hoping Visajourney and people here can help me and my bf. We're done filling-out I-129F, made Fiance(e) Letter of Intent for both parties, completed G-325A, Cover Letter...in short we're almost done, we're just in the process of gathering all evidences like boarding pass, passport stamps, plane tickets, chat logs and pictures so I can mail it to him same with the signed docs. But my bf is still thinking of getting a lawyer just to make sure that process will be smooth. He has a friend who works in a law firm and he offered to help us though I'm not sure how's the process gonna be with a lawyer since I've been using VisaJourney as my guide. His friend is just afraid that I might have a hard-time with the interview it's actually pretty cheap like $200.00, any advices please if we still need a lawyer or not....really appreciate it


Don't do it! If your case is a basic one (no MAJOR issues) avoid lawyers at all costs. All they do is check over your paperwork and you can do that for free on this site. If you spend time familiarizing yourself with the process, it is a piece of cake to do on your own. Also, if you do get a lawyer, avoid the friend as the lawyer. If any issues arise, it is harder to tell a friend to hurry the eff up and do his job! you might end up regretting it and it could affect the friend's relationship with your fiance. You will be fine on your own.
hithalynnFemaleCanada2010-12-19 16:27:00
K-1 Fiance(e) Visa Process & ProceduresInfo for those K-1s waiting on NOA2, esp from VSC

This whole process is a joke! How is it possible that in the year 2010 in one of the greatest countries in the world it can take months to marry the person you love? Take down my address, verify all my information and come after me if something goes wrong, but this 5 month if your lucky thing is just torture! Thanks for the vent, lets storm the borders! hehe


Who said it was one of the greatest countries in the world??? ;)

I think that is a major misconception. It is a different type of country. Great for some, not so great for others. Personally, I would rather stay in Canada than move to the USA, but we have no choice if my fiance and I have any chance in being together right now.

Opportunity is endless in the USA, but so are the wait times with government agencies :)
hithalynnFemaleCanada2010-12-22 16:55:00
K-1 Fiance(e) Visa Process & ProceduresLawyer vs. Self file K1
Lawyer? Why?

If you can read and write, you can do it yourself. Lawyers cost between $1500 and $6000 just until POE. All they do is photocopy documents, proof documents and write things out for you. A grade 6 student could do the same thing.

A lawyer is necessary if you are petitioning a beneficiary from a high risk country, or if you have special circumstances which complicate your case. Otherwise VJ is all you need. I am a student doing twice as many courses as full time constitutes, I work part-time and I have a social life. My fiance (the US Citizen) is also a student, works full time, and is in a band. We are finding the process easy, despite all of these other responsibilities. Find a family member to help proof your docs and do it yourself. Save a ton of money in the process.
hithalynnFemaleCanada2011-01-30 19:06:00
K-1 Fiance(e) Visa Process & ProceduresThe above petition has been approved, and forwared to the listed consulate.

"The above petition has been approved, and forwared to the listed consulate."

On 08FEB2011, I received the email notification of the approved NOA2.
On 14FEB2011, I received the hard copy with the quoated statement above.

Who should I call to get my case number and status update? (NVC or consualte - London)



I simply waited 10 days, called NVC with my NOA2 case number, they told me they sent it to the consulate a few days prior, so I contacted consulate a few days later and they told me they had received it. My consulate deals with K visas by email, Your's might be different. Packet 3 is on its way apparently.
hithalynnFemaleCanada2011-02-16 17:02:00
K-1 Fiance(e) Visa Process & Proceduresaverage time between NOA2 and interview
Not sure if anyone else has mentioned this, but as stated, it does depend entirely on the consulate, how quickly they receive your approved NOA2 from NVC and how quickly they process the received NOA2 and send you your next packet. I found approximate dates (everything in this process is approximate, so don't make plans until you have a date) by filling out my timeline, and then clicking on portals, and down on the left side you will see K-1 visas for the consulate you will be interviewing at. You can play around with the search options (choose your country, your consulate and then sort by NOA2 date) to see when people have received their interviews at the consulate you chose. I got an approximation by following people 1 month in advance of me, or a few months in advance with slower consulates. Every case is different however, and the interview date depends a lot on how quickly you get everything back to the consulate once they contact you. Every consulate has its own procedures, so it might be wise to post in the regional forum to find out specifics about your consulate. Hope this helps, and best of luck getting a speedy date. It feels amazing once you can plan ahead for a change, so hang in there.


To the person asking about Canadian consulates that process K-1's, there is only Montreal and Vancouver. Montreal waits are 3-4 months and Vancouver is about 1 month right now. Once again, totally approximate. No other consulates in Canada process these visas, and I think they are the only ones that process non-immigrant visas at all. Someone clarify if they know for sure about this. Where you are processed depends on where you live. East coast=Montreal, West Coast=Vancouver. Not sure where the cut offs are for these selections.
hithalynnFemaleCanada2011-02-26 01:43:00
K-1 Fiance(e) Visa Process & Proceduresco-sponsor for K-1...

If you have a complete tax return, you have the wife's W2 form showing which income is hers. If hers is enough, it would be simpler to get the I-134 from her. If his is the business income, then that may also be evident. The key is to get an I-134 from an individual cosponsor, stating and documenting THAT individual's income. Combined income doesn't help you here.


I don't have the W2 from her's as he figured he only needed things that related to him. That's the issue here is that everything except the copy of the tax form and savings account is specifically him. She does not make enough to be able to support me as well without a doubt. Her income is mostly leisure income as she is part-time. So he is the only option here by the looks of it. He makes more than enough, so hopefully what we have is sufficient. As mentioned, his income stated on the I-134 states his specific income, not hers, which is the same on the tax form for business gains. It also states he is a contractor, so this would clarify that this portion of income is his, as it is on a separate line of the tax form. The assets are shared however, but impossible to separate.
hithalynnFemaleCanada2011-02-27 14:45:00
K-1 Fiance(e) Visa Process & Proceduresco-sponsor for K-1...

OP, they would not file as co-sponsors 'together', they would be two separate co-sponsors. In the eyes of USCIS, they could be as separate as two strangers. When assessing whether or not their income will meet the requirements, USCIS will look at the individual income, not joint income, so you would run into the same problem of differentiating the incomes on the tax returns.

Therefore it is redundant to have two co-sponsors when at least one of them meets the requirements.

Don't stress about the tax returns. USCIS will put two and two together - so long as the amount of income the father listed on his I-134 is the same as what is listed on the most recent tax return. If it's not, just accompany a letter, signed by the father, explaining which income is his, and say that business either slowed or grew, which accounts for that yearly difference.

My husband was self-employed and had a 9-5 job, so he wrote a letter on his own company's business letter stating the what the company did, and how much he earns per year from it. I would ask the father to write a letter similar to that, and then sign it. It will help clarify things.



Thanks! I will get a letter from him stating that his income is the business income (he must have specified self employment on the I-134). Ill verify that as well. If so, that might even be enough as it is already stated and signed. I know the "income" on his I-134 is his alone, and that corresponds to the amount for business gains on his tax forms. The assets he listed are both of their's, such as the house, savings, etc. but in that case it would be impossible to separate that stuff, so nothing more I can do there. Perhaps a letter explaining what is what would be sufficient (I can write it) as he already specified his share on the I-134. Having him writing a letter would essentially state the exact same things.

Edited by hithalynn, 27 February 2011 - 02:41 PM.

hithalynnFemaleCanada2011-02-27 14:40:00
K-1 Fiance(e) Visa Process & Proceduresco-sponsor for K-1...

Correct, you must provide a birth certificate to prove the sponsor is a US citizen.

Does the father provide sufficient income on his own to meet the requirements for you and any dependents (wife, children) in the household size?
If yes, then his wife will not have to provide another form. Make sure you also get a letter from his employer stating his position, how long he's worked there, his income and that he is an employee of good standing. And recent pay slips. This will help identify his income alone.

If no, you will need a different co-sponsor.

Keep in mind that even if he does not claim his wife as a dependent on his taxes, he will still need to count her in the household size and minimum income requirements when he fills out the I-134.



Agreed.



Will get Birth certificate and passport.

Okay, so I am totally confused about the forms. Here are the details:

Fiance's dad is self employed, his mother works retail. They have a combined income over 90,000 a year. They filed their taxes jointly (I have a copy of their 2009 return - form 1040) and the form shows their incomes separately (hers as "wages" and his as "business income or loss". It does not, however, state whose income is whose. It simply shows both and the grand total. It shows on the back that the person filing the return (dad) is a contractor and his spouse (mom) is a clerk, but that is the only differentiation.

I also have a year worth of bank statements from their joint account, which shows more than enough income and savings for all three of us (she is not a 'dependent', but she is the spouse).

So with this taken into consideration, what do I need to adjust to have this all make sense? As mentioned, I-134 has been filled out by dad only. It shows only his income, but shows both his and his wife's assets and savings. I can have them resubmit the forms if necessary, but I believe the tax forms are all they have for me along with the bank statement. What would be easier to accomplish - getting info with just his name on it (he is self employed as mentioned before and we only have tax forms from him, no W2 or stubs, or letter from employer) or having his mom and him file as co-sponsors together? Sooo confused. Any help appreciated.
hithalynnFemaleCanada2011-02-27 03:45:00
K-1 Fiance(e) Visa Process & Proceduresco-sponsor for K-1...
Just read a thread on here that mentioned you need the birth certificate of the sponsor and co-sponsor for the I-134's... is this correct?

Also curious about another thing. On my fiance's father's tax form (he is our co-sponsor) his wife's name is also present. Her name is also on the bank account records. Does she have to fill out a separate I-134? Is his name sufficient on this form? My fiance just visited and gave me all the info for the interview, but I just noticed this issue...
hithalynnFemaleCanada2011-02-27 02:22:00
K-1 Fiance(e) Visa Process & ProceduresOnly three months to plan a wedding??

You can always go to the courthouse and get married shortly after POE, then plan a vow renewal ceremony a couple months or even years down the road.


This is what we did two days ago. Files AOS today. We saw people there in Jeans, and you can generally get private certificates where no witnesses are required, or one is required (you can pay extra for a witness to be provided). We are waiting for the AOS process to be complete, and me to be working, prior to planning a second, non legal wedding of our own.
hithalynnFemaleCanada2011-05-04 14:45:00
K-1 Fiance(e) Visa Process & ProceduresGetting Married Before Entering US on a K-1

Thank you all for the replies. I suppose that makes sense as for an initial entry into the US. On a similar note however, is it not possible to obtain advance permission to leave and re-enter the country for the purpose of getting married once my fiance' enters on the K-1 Visa? I did not understand that it was ONLY possible to marry in the US.


It is not possible. Once you enter on the K-1 the fiance is stuck in the USA until AP document is issued. This takes up to 3 months. In order to leave and re-enter, you must be married already. K-1 is a one entry visa. If she leaves during adjustment status, or prior to getting married (even if the purpose is to marry), you will start again from the beginning with the marriage based visa.

We had the same issue. Who wants to be away from their family when marrying? No one. We had a civil ceremony at the county clerks office. This can be as casual or as formal as you like, and then save your big ceremony for later. Up to you whether you choose to tell people you are yet married, or wait until the bigger event. We are planning our bigger better wedding for a year or two from now (starting to plan when we have green card in hand).

That being said, DO NOT make ANY plans for a bigger wedding until you get your AP docs and AOS approved. You can not base plans on USCIS and you run the risk of losing a lot of money if your case is delayed for any reason. Just have patience and wait it out like the rest of us. You are not the only one who has had to adjust plans because of the system, just try to work through it and things will be fine.
hithalynnFemaleCanada2011-05-06 13:07:00
K-1 Fiance(e) Visa Process & ProceduresDuring the K-1 process
Hmmm, I've got a few concerns... I might not be able to produce sufficient evidence I will return and it's not really in my control.

I have a bank account, a cellphone, and that's it. I live with my parents at the moment, and I work remotely at a web company so therefore I can work from anywhere... that's all the evidence I have. That doesn't seem like anything solid for me to say I'm coming back. Even all my banking is done online... :(

Also, does the United States keep logs of when you leave the country? When I went there in December, I didn't plan on staying so long. I said and had a plane ticket for two weeks. I eventually quit my current job I had and stayed for 5 months. When I left, I had a ride back so we went across the border by land... the odd thing was that before we hit the Canadian Border, there was a US border check station thing... and they asked me how long I was in the US for. I replied 5 months. He asked how I supported myself and what not and told him I had lived with my g/f's parents and that I had money saved up. He looked very pissed (but not a friendly person in the first place) ... They took our passports for about 30 seconds to a minute. He then made a snarky comment and we drove over to the Canadian Immigration Officer... How could that situation affect my future attempts to get into the US?

Thanks
ExtrixMaleCanada2011-06-05 16:48:00
K-1 Fiance(e) Visa Process & ProceduresDuring the K-1 process
Hi everyone,

I had a few general questions about the fiancée visa process.

I am from Canada and I have a job that I can work remotely. My fiancée is goIng to apply for the fiancée visa and I am wondering if I am allowed to visit the states during the time of the process? I am also wondering if it's illegal and I'm going to have issues getting accross the border if I work for a Canadian company who has Canadian clients remotely in the US on a visitor visa. I'm not taking work from any Americans so I imagine it would be okay?

Also, I was in the states on a visitors visa for about 5 months until April 30th. Am I allowed to go back in for 4-5 months? Also, I don't have to be in Canada until near the end of the process for my exam and interview and what not right?

Thanks for reading.

Thanks,
Chris
ExtrixMaleCanada2011-06-05 11:38:00