ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?
Ok, please take a look at the following thread on this forum. Why aren't they having trouble with the "immigration intent"? http://www.visajourn...showtopic=24989
am1996Not TellingCanada2006-08-03 16:54:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?
I sincerely apologize for this long discussion and for the barrage of replies. I really am not arguing but am just honestly trying to drill down to the way the law works, so I know what to do. Once again, thank you all so much for all this information.

Nobody is saying you cant do AOS.. as you are in the States and you did not enter with the intent of remaining so yes once you are married here in the States you can file for AOS.....

What we are saying is you cant leave the States and then re-enter unless you have filed for AOS and have AP or Greencard....

If you do then you will most likey be denied....

Kezzie

The AOS is not really an issue in my case. If it can help, we can just apply for an AOS AFTER we come back from the Caribbean (by law, I am required to get an employment authorization within 90 days from my AOS application, which is all I'll need to start my residency in July '07). The point is that we will be married at the time I will be entering the US from the Caribbean.
am1996Not TellingCanada2006-08-03 16:28:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?

Are you planning on returning to Canada and applying for K-1 visa? If not at some point you are going to be entering the US illegally on a B2.

I am sorry but I am not sure that I understand the question. I am not required to apply for a K1 visa now since I am in the US under a valid visa. Upon us getting married, I would not qualify for a K1 visa since it is a fiance visa, so married people do not qualify for it.


Notice it states enumeration and foreign residence requirements... Enumeration means that your employment must primarilly be outside the US... foreign residence rwquirement means that your residence must be outside the US. From what you have told us, you fail both of those tests... that plus having a US Spouse pretty much kills the deal...

I disagree (obviously) but your analysis is certainly reasonable and is giving me much pause here.

That doesn't matter.. the point is that you've been staying under his roof under his support. (who pays the utility bills, mortgage/rent/etc.)

With all due respect, under this analysis all people entering the country on a B2 visa to visit US relatives would not be allowed in unless they were paying their share of the mortgage, utility, etc...

Nothing illegal about it until you commit a material misrepresentation (and witholding information is also a material misrepresentation). But the INA does not allow individuals who have your particular details to be allowed entry to the US. You can go wherever you want... but the CBP does not have to let you back in. In your case, with near certainty I can say that if you leave the US, you will not be allowed back in...

So no... in my opinion, you would not be permitted entry to the US under B2 status if you left the US and attempted to reenter the US. The point is that you didn't have immigrant intent when you entered the last time.. you do now... and what your intent is now determines whether or not you will be permitted entry. It doesn't matter how many times you state you will cross back and forth before you do immigrate.. The point is you do have it.. and that's all that matters...

This is exactly what I am trying to understand. Lots of people have future immigration intent. Mail order brides, for instance, enter the country to "visit" men and if they like each other, they return to their home country, get K1's, etc... Workers get H1B's but hope to eventually get a chance to immigrate to the US. Isn't the test not what you future intentions are but whether you intend to immigrate to the US during this particular entry into the country? If so, my answer will be a resounding NO (I will actually come back to Canada), the pendency of my AOS application notwithstanding.
am1996Not TellingCanada2006-08-03 16:10:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?

Do you intend to move with your husband to Canada or the USA? If the latter, you have immigration intent.

This is a very good point. The question is, however, is it the present intent or the future intent that is measured? For instance, if a person seeks to enter the country on H1B but is hoping to find somebody to marry in the US and to subsequently immigrate to the US, I believe that he would still be allowed into the country as long as he can conclusively demonstrate that he still intends to and has the means to comply with the terms and conditions of his H1b by returning to his home country at the expiration of his visa and then applying for a K1, etc... If that is correct, I believe I would qualify for the B2 status upon my return from the Carribean since I would fully comply with it by returning to Canada within the 6 month period. Please let me know if this is or is not the way the law operates.
am1996Not TellingCanada2006-08-03 15:58:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?
Thanks for your post, it certainly puts a number of things in perspective. I don't mean to argue but just want to clarify a couple of points you've raised:

It doesn't matter if you're from Canada or Kazakhstan, the law on entry treats you equally. NAFTA only covers trade and movement of goods.. it does not cover immigration or movement of people.

Please see this: www.burningart.com/mizpoon/B-1%20Visa%20Primer.doc

Here's a quote: "Due to the North American Free Trade Agreement (NAFTA), Canadian citizens are also visa exempt. Many Canadian citizen visitors often times are "waived" through immigration and not issued a Form I-94. This can lead to problems in extending their stay and/or changing their status in the U.S. and it is generally safer to have the person simply return to Canada and reenter. Furthermore, the rules regarding B-1 activities for Canadian citizens are broader than for other B-1 nonimmigrants although the enumeration and foreign residence abroad requirements remain the same as for other B-1 nonimmigrants."

YOu are getting married to a US Citizen and have besically been living on his support in the US for 6 months and have no job, or any other ties to Canada.

Actually, as a medical student, I use medical and residency loans for support, so my now fiance provides no support for me.

You madam, are a prime candidate for getting sent back home. I know this because I have personally sent home hundreds of naive Canadians like you who had no interest of knowing what the rules are.

Actually, I am trying to find out what the rules are, which is the reason that I posted in this forum in the first place. I have already been advised by an immigration lawyer that I do qualify for an AOS since I am here on a valid B2. So, I am trying to determine whether I would qualify for another B2 if I could demonstrate an actual intent to return to Canada to wait for the AOS to be approved. My understanding is that only the present intent is what's at issue when I enter the country -- in other words, the fact that I would eventually return to the US as a conditional permanent resident would not change the fact that I would seek entry into the US after the Carribean trip with a full intent to (and would actually) return to Canada prior to the expiration of the 6 month period that applies to B2's. Is there something illegal/improper about this? If so, please let me know. Once again, I have no intention of knowingly or unknowingly violating any laws but in order for me to do that, I need to know what they are.

Once again, thank you all for all the replies. They are very much appreciated!

Edited by am1996, 03 August 2006 - 03:47 PM.

am1996Not TellingCanada2006-08-03 15:43:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion for a friend in this process

Some states will issue licenses good for 1 year based on the pending AOS. You don't mention the state, and since the states make their requirements for DL issuance, this is crucial to answering the question specifically.

I think it would be worth poking around the DMV (or MVD) website for their state and seeing what comes up. They may have to do a little (or a lot) of digging to try to find the information they need. I did it once for Texas, it was about 4 or 5 different links buried from the front page. They COULD call or go and stand in front of a person, but they may get conflicting information. But if they showed up with a print out of the regulations, that may be helpful.

While they are looking around on that website, they should also keep eyes open for how long the foreigner can drive on their license from home. In some states it's up to a year, so maybe that will work?

Thanks! Will pass info along.....and they live in Ohio. At least is a place to start looking
yankepeachFemaleUnited Kingdom2010-06-21 16:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion for a friend in this process
We have received all the receipts for the Adjustment of Status and Petition for Alien Relative, but aren't quite sure what to do when my husband's driver's license expires. Our attorney said that with the work permit we can renew his license, but we don't have that as of yet and I don't want to wait until the last minute on this. Any ideas?
yankepeachFemaleUnited Kingdom2010-06-21 15:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCapture iPhone Texts to Printable Form?
Iphone allows you to send them to an email address and from there you can print or do what ever you want
I do it all the time on mine 3G Iphone
Find your text then select the edit button in the upper right hand corner you will then be able to select the messages to send and the forward to an e-mail address
kcncaMaleColombia2010-12-10 20:23:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHELP ON IV FEE PAYMENT SHOWING IN PROCESS
please i am worry now my IV fees bill was generated on the 10th of Nov. and i paid online on the 12th but it is going to 2week now and the statue still saying IN PROCESS and i called the NVC and they said it is showing not paid on their system that i should contact my bank and my bank says it is not on there system too. please can anyone help me out on wat i can do pleaseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee
BodmasMaleNigeria2009-11-24 06:16:00
K-1 Fiance(e) Visa Process & ProceduresNOA 2
Yes things are backlogged in CA, gotta love that "terminator". And please no more reminders how good things are in Vermont!!!
cookaor2Not Telling02006-01-30 23:30:00
K-1 Fiance(e) Visa Process & Procedurestime limits

Hi
My name is Boris
I'm from rRussia. My fiancee is from the US
We applied for K-1 visa in february, 2006 and I have a question-how long it takes to get this k-1 visa after applying?How long it takes in Russia and in other countries? It is very important because if it takes much time my government can take me to the army but I don't want it and I love my fiancee very much.
Thank you


I am guessing a minimum of 6 months. 2 big countries. Best of luck, I don't want you going into the army either. too much "hazing".
cookaor2Not Telling02006-02-08 17:22:00
K-1 Fiance(e) Visa Process & ProceduresWhen should we call CSC
Doesnt matter, you won't get live person on the phone but you can email them at CSC-XII.129f@dhs.gov
cookaor2Not Telling02006-02-24 17:33:00
K-1 Fiance(e) Visa Process & ProceduresAll's Quiet on the VJ front
Don't get to antsy, it took me every bit of 100 days!!!
cookaor2Not Telling02006-03-01 18:02:00
K-1 Fiance(e) Visa Process & ProceduresGOOD RIDDANCE KALIFORNIA!!!

Congratulations. I am curious, if you went through CSC how is it that your local office is Atlanta?


atl is where I live, everyone in ga goes to tx or ca
cookaor2Not Telling02006-02-28 23:58:00
K-1 Fiance(e) Visa Process & ProceduresGOOD RIDDANCE KALIFORNIA!!!
Just got my noa2 email yesterday (approved)!!! 101 days btwn noa 1&2!!! Hello New Hampshire and Kyiv!!!!
cookaor2Not Telling02006-02-28 17:28:00
K-1 Fiance(e) Visa Process & ProceduresI might have a dilemma

It seems that in Ukraine and other former Soviet countries, paperwork sometimes gets "lost."

If she didn't disclose anything before and it all got approved, I wouldn't even bring it up again. Chances are the embassy and USCIS will never even have a clue.

However, I would have her get proof of the divorces and have them translated into English, then if they ask about them at the interview she could present evidence.

But if they don't bring it up..... I wouldn't bring it up either. Don't lie to them, but if they don't ask, you don't have to volunteer any extra info. It looks like your case is on the way to getting approved, don't do anything to stop that. If they ask about it, then submit the divorce forms. But, only if they ask.


Thanks slim that is my thinking as well!!!
cookaor2Not Telling02006-03-26 01:37:00
K-1 Fiance(e) Visa Process & ProceduresI might have a dilemma
My approved packet was received by NVC last week. Couple days ago I emailed her the US embassy link in Ukrainian. It was then she realized that she needed to declare all previous divorces (2). We have the DC from the previous marriage of course. I didn't know anything about the previous marriage which lasted from 3/82-8/83, all of 17months. Does anybody have any suggestions on how to work around this. Will bringing any applicable documentation to the interview suffice???
cookaor2Not Telling02006-03-24 23:56:00
K-1 Fiance(e) Visa Process & ProceduresFiance recieves Credit card offer and offer from stamps.com
BURN THEM BOTH!!!
cookaor2Not Telling02006-03-31 21:19:00
K-1 Fiance(e) Visa Process & Proceduresinterview
I googled Kiev train schedule (NOT EASY!!!), found that Elena's train arrived in Nikolaev @ 0610 EET (I think). Called Elena just as she was getting back home. Anyway.....SHE IS APPROVED!!!!
She should have her passport and visa in 10-14 days!!! :dance:
cookaor2Not Telling02006-04-27 23:04:00
K-1 Fiance(e) Visa Process & ProceduresNo NOA yet

I filed our 129f july 17th but still havn't received an NOA yet, is this normal? :unsure:


Too early to worry now, has check cleared your account yet?
cookaor2Not Telling02006-07-29 11:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresLetters to USCIS
The USCIS moves at their own pace. There is absolutely nothing anyone can do to make them move any faster. Try to relax and good luck smile.gif
chilton747MaleChina2008-01-13 17:41:00
IR-1 / CR-1 Spouse Visa Process & Proceduresway to check pending case
You can also write to your congressman as I am doing.
chilton747MaleChina2008-01-14 08:49:00
IR-1 / CR-1 Spouse Visa Process & Procedurescase pending for i-130 since june 8 2006
QUOTE (lostGurl18 @ Jan 13 2008, 12:53 PM) <{POST_SNAPBACK}>
i have a friend who's parents are in california and filed there daughter's visa way back in 2006 and yet there is no results on USCIS... any suggestions for my friend?


The parents need to contact their congressman and senators. They can help find the petition.
chilton747MaleChina2008-01-13 12:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresApproved email notice now!!!
Typical USCIS screwups. On my previous K1 petition I received emails from CRIS over a year after my case was finished.
chilton747MaleChina2008-01-18 14:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTimelines, again...
QUOTE (Credzba @ Jan 21 2008, 11:38 PM) <{POST_SNAPBACK}>
Actually since Sept. 2006 if you file both I-130 AND I-129 (K3) the USCIS never forwards your I-130 to NVC.
The statement from USCIS was something like they wanted to save manpower, and processing both was a waste because the K3 nearly always finished first.

So, if you go K3, you have NO chance of getting the I-130 processed.

Unless the K3 is denied.
chilton747MaleChina2008-01-22 02:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs that true that the USCIS is paying more attention to the petitions which payed the higher fees ?
QUOTE (panamania79 @ Jan 21 2008, 11:11 AM) <{POST_SNAPBACK}>
QUOTE (babblesgirl @ Jan 20 2008, 04:44 PM) <{POST_SNAPBACK}>
I think it's taking 'so long' because of the sheer number of applications in July. I doubt fees have anything to do with it.


Okay.Then why are people who submitted their paperwork after mine are approved already ? They claim they do the petitions in order,right ?


You can look at my time line and you will see no touches at all after the NOA1. They do not process then in the order they were received.
chilton747MaleChina2008-01-21 12:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMy First Touch!!!
QUOTE (mateo @ Jan 29 2008, 11:21 AM) <{POST_SNAPBACK}>
After 187 days of waiting (154 since NOA1) I finally got a touch! Maybe just maybe something is going to happen soon!!!

M> unsure.gif blink.gif

I certainly hope so. Good luck.
chilton747MaleChina2008-01-29 11:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresOMG!! I GOT A REPLY???
QUOTE (pushbrk @ Feb 8 2008, 01:56 AM) <{POST_SNAPBACK}>
You got a form letter response telling you they don't answer inquiries directly and telling you how to make an inquiry. I explained to you in another thread just how little "honoring a date" means. Basically it means nothing. If you are asking how long it will take to adjudicate your case, the only answer you're going to get will amount to "Nobody knows. It will take as long as it takes." There are no gaurantees except you can't get them to actually answer any official inquiry until after they've had the case six months. If they have it that long, there's a problem.


I can certainly attest to that.
chilton747MaleChina2008-02-08 02:02:00
IR-1 / CR-1 Spouse Visa Process & Proceduresno enough evidence
If you are using webcams when you chat then you take screen shots. Having photos of the two of you while you chat is good evidence that it is indeed you two that are chatting.
chilton747MaleChina2008-02-23 18:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAny new approvals this month?
My NOA1 is dated July 26, 2007. Still no NOA2.
chilton747MaleChina2008-03-06 13:59:00
IR-1 / CR-1 Spouse Visa Process & Procedurescan anyone assist with info
I am in the same boat. NOA1 received July 26,2007 and no NOA2 as of yet. My Congressman did get a reply from the USCIS but it was the usual boilerplate language saying that background checks are still going on and it could take several years.
chilton747MaleChina2008-03-06 14:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresGOT AN INTERVIEW WITH RADIO STATION
QUOTE (heyjimi @ Feb 7 2008, 09:57 PM) <{POST_SNAPBACK}>
QUOTE (SusieK @ Feb 7 2008, 06:38 PM) <{POST_SNAPBACK}>
QUOTE (thermophile @ Feb 6 2008, 03:51 PM) <{POST_SNAPBACK}>
this is great, thanks for doing all the work to make this happen. do you know if there will be a web archive of the show? I have class during the time that it'll be aired.




WISH US LUCK PEEPS ITS TOMORROW:


http://www.1190wamt.com/programs.shtml

JUST HIT THE BUTTON ON THE LEFT SIDE THAT SAYS LISTEN LIVE
Hours are 6pm to 7pm

Remember you can call in and ask questions and also you can click on the link and hear whats going on.......

Area Code 407 273-1190

And its broadcast via web the web......


Super excited for all of us

Cheers


Good luck Susie on Friday !!!!!!!!!
thanks again for being our voice.
i will be listening.

jimi


Jimi I will be at work and unable to listen. PM me and let me know if you have a way for me to listen to it Saturday.
chilton747MaleChina2008-02-08 02:10:00
K-1 Fiance(e) Visa Process & Proceduresabt divorce papers for filing k1
well noura i talked to said this morning, i'm sure they wouldn't care now about stamps and all that, he will have to have copies of translated divorce papers, then maybe get them stamped from moroccan authority for 2dh each copy, and then he will sure need the original copies for his interview later .but for paperworks now you need just copies of papers and proofs except forms should be original and signed .

good luck kaye .

simo and carrie
Zamo95MaleMorocco2006-02-08 14:37:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPapers for the interview,i got a question
Salut

I called the embassy/consulate about this. Like the previous post says, all US government forms, like I-864, need to be original.
Then, if the checklist they gave you says original, use original. Like, police certificate and birth certificates.
Otherwise, the consulate told me 'photocopies are fine' for everything else.

My fiancee can never get through on the phone to the consulate. Have you called them? They always anser for me (USC),
but never for her when calling from Romania.
Mark_DeeaMaleRomania2010-06-20 23:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresJoint sponsor
- form I-864 filled and signed
- last 3 years IRS transcripts OR 3 years IRS form 1040 OR 3 years W2 (they all say the same thing, how much you make in 1 year)
(transcripts take 2-3 weeks, photocopies of the 1040s are what I used)
- letter of employment OR recent pay stubs (they say the same thing, you are working NOW)


What else do i need from him? Read I-864

I also read i need his birth certificate and any other documents showing he is a US citizen.
A certified copy of his birth certificate will be best. These are easy to get in the USA. I got 3 for $20 in 30 minutes.
What state was he born in? Birth certificate copies are specific to a state.
Mark_DeeaMaleRomania2010-06-27 08:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresYM archive and audio/video calls ?
Yahoo messenger has a call history under "Contacts" with dates and duration. This is seperate from 'chat logs'.
MSN has start time in the regular chat log, but no duration. This is same as 'chat logs'.

In addition to taking our yahoo call history as evidence, I take a screenshot everyday of the video call window in yahoo, date it, and save it.
I print 2 per week of these at walgreens as a photo and use this as evidence.

Buna noroc
Mark_DeeaMaleRomania2010-06-20 23:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresProblem registering US marriage cert. in country of residency
To register a US performed marriage in Romania, contact the Romanian Embassy in Washington DC.
You can arrive with your papers to make the application at 10 am. It took us 3 hours (they were busy).
There is no parking, you will walk minimum 1 km , or use taxi.

You will need these papers:

Translated into Romanian:
Marriage Certificate
Marriage Application
US Citizen's Birth certificate
US Citizen's letter of intent/ freedom to marry

Apostilled:
Marriage Certificate
Marriage Application
US Citizen's Birth certificate
US Citizen's letter of intent(get notarized when you sign it, then apostilled after)

Other:
Photcopy US Citizen's passport
Photcopy US Citizen's Driver license

Cost $143 cash

Registration should take 30 business days. They will call you when your Romanian marriage certificate arrives
in the US and you can send them a prepaid FedEx Express envelope (with Direct Signature) which they will use to mail
your certificate to you.

I hope this helps
Mark_DeeaMaleRomania2010-11-09 00:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffidavit of support
When completing the 864 affidavit of support , I understand a transcript of the recent year 1040 is required. I also read where 2 years prior may be sent as well if I feel it would help my case. My question is.. Is a copy of the 1040 acceptable as well? I have all my 1040's and schedules and supporting documents. And do these copies need any special
certification or just a photocopy of what my accountant sent me? I hope I am clear on this question.
Thank you much.
HaroldJucyMalePhilippines2010-12-07 21:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPassport Size photo
I am confused about passport size photo is that 2x2 what mostly said here? I just have my passport size here in PI but the size is not 2x2 I think it is smaller would this be okay?

Thanks in advance!
HaroldJucyMalePhilippines2010-12-11 21:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNSO Documents (help?)

Emigration Requirements

The only reason I ever knew about this because of one of those ads of lawer like people to help speed up the process for rediculous amounts of money... so.. how do we get NSO documentation of our marriage certificate, birth cert (I think she may actually already have an NSO birth cert)? Is there a specific office she has to go to or something? Wife is filipina in the southern part (Mindanao? I think that's the spelling) The guy on the phone suggested she gets her NSO documents before going to Manila so she doesn't make wasted trips, but might still have to stay up there for a week or two while waiting on appointment(s) or something.

Guess I'm asking at the NVC stage after sent to the embassy and she's been notified of an appointment date where she must then get her medical and go up there. I'm already preparing her for I guess the earlier stages of all those boring documents we have to fill out and helping by explaining to her what some of the stuff means, lol. Not that she needs help, but it makes me feel better to continue being active in this and all excited to get my wife over here :P But anyways, so yeah, where and how do we get all the NSO documents for her interview? and what all does she need to get them?



Your wife needs to go to NSO Davao at J.P. Cabaguio St. Its pretty quick to get the marriage NSO copy and just wait like 20 mins if your marriage license is already forwarded from local civil registrar to NSO. Hope its already available online.
HaroldJucyMalePhilippines2010-12-06 22:15:00