ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresMy love is on his way!!!!!
:thumbs:
Congrats!
Saddle BroncMale02006-04-19 10:52:00
K-1 Fiance(e) Visa Process & Proceduresvisiting girlfriend, problems with customs

My Canadian wife(then fiance) visited me two times here in Califorina.The third time she was grilled and was not allowed to enter.I did most of the visiting myself.He told my wife he needs to file a fiance visa for you.We did, and at the interview it came up.She was honest with him and he approved her.He even told her thanks for being honest with me.It was all right there in the computer.She was only comming from Canada.This was about 4 years ago.Maybe its easier with all the people meeting online now?

Fortunately, entry denial to Canadian does not mean you cannot try again (though it DOES mean that you will have to answer "yes" to "were you ever refused entry to US?") for "just visiting" (aka undocumented B-2)--no need to get a B-2; unlike VWP, where an entry denial is a coffin for future travel ON VWP.

Edited by sriniv, 06 April 2006 - 12:09 PM.

Saddle BroncMale02006-04-06 12:07:00
K-1 Fiance(e) Visa Process & Proceduresvisiting girlfriend, problems with customs

Canada may be different.

:yes: It is--as Canadians DO NOT fill out I-94's when "just visiting" (but if first-time in a status such as TN-1/TD, L-1/L-2, etc the plain-jane-white I-94 needs to be filled) US.

But if denied entry, you can not use the VWP any longer.

I read it that he was just grilled.

But getting a B after a VWP denial is a very long shot.

Being denied a B does not prevent you using the VWP.


So they really should consider the alternatives of:
  • USC girlfriend visiting UK
  • both meeting in Canada (no visit to US by UKC in this case, so nothing to flag)

Saddle BroncMale02006-04-05 12:16:00
K-1 Fiance(e) Visa Process & Proceduresvisiting girlfriend, problems with customs



Wanted to add....................at least you were not Denied entry as once you are, you wont beable to use the VWP again!!!! :no:


Is this true? Because I can remember re-entering (for a job interview) US after being denied entry (due to having resumés in my briefcase)--as "undocumented B-2/B-1" (the "default status" for Canadian visitors to US).

YES it is true!! :yes:

I guess VWP rules are quite different then from those for "undocumented B-1/B-2" then (this particular status is--I know it sounds just like the Red Rose Tea commercial--"only for Canadians").

Still, I'd like to know what creasy thinks of my alternative "sales pitch".

Edited by sriniv, 05 April 2006 - 12:05 PM.

Saddle BroncMale02006-04-05 12:04:00
K-1 Fiance(e) Visa Process & Proceduresvisiting girlfriend, problems with customs

Wanted to add....................at least you were not Denied entry as once you are, you wont beable to use the VWP again!!!! :no:


Is this true? Because I can remember re-entering (for a job interview) US after being denied entry (due to having resumés in my briefcase)--as "undocumented B-2/B-1" (the "default status" for Canadian visitors to US).
Saddle BroncMale02006-04-05 11:59:00
K-1 Fiance(e) Visa Process & Proceduresvisiting girlfriend, problems with customs
In the officious' eyes, it could easily appear that you were making visits too long and too often--and unfortunately (for any foreigner wishing to enter US), it is up to officious' discretion whether you will be allowed entry.

Now, I'll make the sales pitch--how about you and your girlfriend meet in Canada?
Saddle BroncMale02006-04-05 11:49:00
K-1 Fiance(e) Visa Process & ProceduresB-2 Tourist visa MAX stay and which embassy for K1
Also, maybe one should look into third-country (neither US nor the SO's country) meetings.
Saddle BroncMale02006-04-11 11:10:00
K-1 Fiance(e) Visa Process & ProceduresB-2 Tourist visa MAX stay and which embassy for K1
As zyggy stated, it's rare that a visitor will be allowed in for a six-month stretch; a six-month ticket is practically a "red-flag" for the inspecting officious.

However, it IS possible to enter on 90-day B2 and then extend it to 180 once in US (so long as you don't mind forking over almost US$200 to USCIS).
Saddle BroncMale02006-04-11 08:28:00
K-1 Fiance(e) Visa Process & ProceduresAny naturalized American filed for I-129F?
Lots of VJ'ers (including Gupt and myself--both originally from India; myself through Canada/TN-1/GC, Gupt through H1-b/GC maybe) are naturalised only; both of us filed K-1 originally.
Saddle BroncMale02006-07-27 04:46:00
K-1 Fiance(e) Visa Process & ProceduresLetter from CSC

Just thought I would share this here. 2 months ago before I found this site I sent a certified letter to CSC asking why they transferred my case from NSC to CSC. I was told to do this by an Immigration Officer at USCIS after one of the Customer Serveice people said I should talk to one. After I told him my case was transferred and I thought it was a mistake he told me to send the certified letter.

Here is the reponse I just received:

You recently submitted an inquiry to the CSC via fax or letter. However, USCIS has launched a new referral tracking system through our 1-800 number. To ensure customer inquiries are handled effectively and quickly as possible, we are no longer accepting inquiries via fax or letter. Instead, we ask that you call our National Customer Service Center, which is available M-F 8AM-5PM, PST at 1-800-375-5283. The National Customer Service Center will forward and track your inquiry with us to resolution.

Please note that we will continue to accept expedite requests via fax at ###. Expedite requests must meet the strict criteria noted on our website at www.uscis.gov.

Please note that USCIS provides case status inquiry service on our website at www.uscis.gov. Finally, the USCIS website also includes a chart that reports current processing dates for particular applications and petitions in relations to the date the application or petition was filed. The USCIS processes cases in the order received. Due to the high workload your case may be pending while USCIS woks on applications and petitions that were filed earlier than yours.

Thank You


California Service Center
Congressional & Customer Relations Division XII



So there ya go. I'm not sure what to make of it. More mumbo jumbo or is the part I bolded really mean something? Maybe I'm reading to much into it, I have no clue.

Actually both. It is mumbo jumbo saying "you wanna know the status of your case, call us at this number"--unfortunately, said number is well-known on VJ as the mis-information (or gobbledygook) line.
Saddle BroncMale02006-08-28 20:30:00
K-1 Fiance(e) Visa Process & ProceduresFiancee visiting - will she get denied access?

Some brief background... I'm engaged to a Philippine citizen who has worked in the cruise industry for 7 years. She married a USC in May of 2005 and their marriage fell apart quickly (1 month later) after they each went back to work. They have not seen each other since the day they married and had no communication other than to discuss getting divorced. She is currently in the process of getting divorced but no paperwork has been filed as of yet. I met her in January of this year and we have been in a relationship from then until now. I visited her in Manila in June and I'll be going back to visit her in November.

She will be ending her contract in October and I am going to drive to see her when she gets off the ship. We are hoping the agent checking her off the ship will allow her to stay in the US for a short visit. I called the US Customs & Border Protection office where she will end her contract. I was told her C-1/D visa allows her to stay up to 29 days but it's 100% up to the agent checking the crew off the ship.

The way I understand it, the cruise company will give her a return flight for the day/evening of the day the ship arrives in port. When she checks off the ship she will be given an I-95 with an expiration matching the day her return flight and a D-2 visa. Normally she would go directly to the airport and return home using those documents. She would like to request to stay in the US for up to 29 days. I was told she has to ask the agent checking them off and it all depends on what she says and if the agent believes her or not. I stressed to the person I was talking to that she's not an immigration threat. She's been in and out of US ports for 7 years and if she wanted to come here illegally she easily could've done it long ago. She's never requested a stay in the US before and has always returned directly to her country as scheduled.

She does have family in the Philippines and is late in the process of building a new home for her/them. It is not finished yet and I do not believe the home or lot is in her name yet. She does have a long record of money transferred to build the house and might be able to come up with receipts. She will have plenty of cash on her for her proposed stay (she will not need it though as she would stay with me). She also has a bank account in the Philippines and will be leasing a flat in Manila when she returns.

What are your opinions on the following...?

1. Is there something she can say or show to assist her chances?

AFAIK, no

2. Should she mention that she's in the process of a divorce to her current husband? She may need to appear in court to finalize the divorce.

Cannot hurt

3. Should she mention that she's in a relationship with me?

better not to unless specifically asked

4. Would it help if she got a ticket to return to the Philippines dated 28 or 29 days later?

not always helpful, but again can't hurt

5. Would it help if I had a ticket for the same flight?
6. Would it help if I give my info (name, address, phone, SS #, DL #, passport #, etc) to her to provide to the agent?

Nothing useful gained from these
Saddle BroncMale02006-08-28 16:57:00
K-1 Fiance(e) Visa Process & ProceduresFeel like I could cry...please help
Would my old trite standby of "meet in Canada" be feasible?
Saddle BroncMale02006-08-28 17:02:00
K-1 Fiance(e) Visa Process & ProceduresOn a Student Visa?
Alternatively, you could try doing it the other way around: file for K-1, get married, then start studying after you get EAD or GC.
Saddle BroncMale02006-08-30 16:57:00
K-1 Fiance(e) Visa Process & ProceduresThe new over 100 topic.
Even approval of my app for Pras took over 100 days (we're now 100+ days into AOS process).
Saddle BroncMale02006-08-29 18:54:00
K-1 Fiance(e) Visa Process & ProceduresK1 and bringing children
On the 20-year-old, a note of caution; due to the time taken for the K-1/K-2, it is possible for him to "age out" (turn 21, and become ineligible for derivative child I-485 petition).
Saddle BroncMale02006-09-06 17:40:00
K-1 Fiance(e) Visa Process & ProceduresReally Dumb Question non-immigrant - immigrant Visa
Technically, it IS a non-immigrant visa (which is why it needs the DS-156). But the purpose does make it quite confusing.

Even more confusing (no redeemability on this, as the ideology behind it was confused) is K-3/K-4.
Saddle BroncMale02006-09-21 07:49:00
K-1 Fiance(e) Visa Process & ProceduresTravel
However, there is another way.

Since Montreal (YUL) has a PFI, he could book a flight TO Montreal, then a flight from there to US departing 2-4 days later. You could meet him IN Montreal and take the same flight back.

The K-1 would then be processed at the PFI.

(because I am a dual Canuck-Yank, I can suggest this)

Edited by CherryXS, 21 September 2006 - 10:45 AM.

Saddle BroncMale02006-09-21 10:44:00
K-1 Fiance(e) Visa Process & ProceduresQuestion on G-325a

Hi everyone,

Let me introduce to you first about my situation so that you can understand what i am trying to ask here. My fiance is an usa citizen, and he is going to file in fiance case. I read on the Guides, but still can not figure something on there, especially on G-325a. In the Guides, it is said there are totally two sheets of G-325a, one filled out by us citizen and other left will be filled out by foreign fiance. My question is those two sheets just similar to each others? I mean, there is nothing different from the sheets of G-325a filled out by american citizen and foreign fiance, right? If so, only one person can complete the G-325a and then make it two? Is it possible?


It is possible for one person to FILL both G-325a's, especially if they use the online (fillable) version. USCIS will not care in the case of the "typed" G-325a (but I don't know about handwritten). I actually filled out "beneficiary's" copies. Had I filled them before going to India and gotten Pras to sign them (see below), I would probably have saved myself some delay and also the migraine of an RFE.

What about the signature? In my case, i am now living in asia, and i am not there to fill the form, my fiance is going to fill out the G-325a, and is it possible for him to sign on the behalf of me?

Absolutely NOT!!!. The signature must be ORIGINAL, by the one the G-325a is "from". I actually had copies of Pras' signature (in Telugu, blue ink) which I taped in the signature spot--and I got an RFE for that. I had to send a "new" filled copy (I'd xeroxed it before taping the signatures, so I simply xeroxed it again and sent it to India for Pras to sign and return).

Having him (or someone else stateside) sign it is all too-easy for a CO to catch--as the signatures won't match (in other words, you may avoid the RFE, but get a denial at consulate).

I still have some questions and hopefully those will be clearified by one of you - those who have so many experiences on this.

Tks in advance and wish you all the best.

Lan&Mike

I'm giving you the intermediate results of my own experience.
Saddle BroncMale02006-09-22 08:58:00
K-1 Fiance(e) Visa Process & ProceduresVisiting my finance
The fact of NOT HAVING A K-1 petition on file with USCIS will not be disfavourable (in fact, this info is irrelevant).

So the whole issue will boil down to:
  • ticket (you have a return ticket within allowed VWP timeframe--I would say favourable, but it comes close to the VWP time-limit)
  • ties to UK (on this score, your lack of employment and "own home" are disfavourable). I was twice refulsed entry from Canada (I only became a USC last year) due to being unemployed

Saddle BroncMale02006-09-22 06:56:00
K-1 Fiance(e) Visa Process & ProceduresHow long did k-1 take you?

I was actually asking about how long it took for you to get the material together to send off for original petition? We only have until Oct 4th as that's when he leaves! Good to know that people can get their visas that quickly though :) I'll wish for around 5 months myself!


About 2 days to get all the forms pre-filled out, and get tax return copies from Jackson Hewitt. 15 days waiting to get package (containing photos for app) from Pras.
Saddle BroncMale02006-09-23 11:19:00
K-1 Fiance(e) Visa Process & ProceduresHow long did k-1 take you?
5 months, 5 days from filing to visa interview--including RFE and response.
Saddle BroncMale02006-09-23 10:30:00
K-1 Fiance(e) Visa Process & ProceduresK-1 rejected, for a stupid reason!

..... or try a money order :P

Not recommended--a personal cheque is at least trackable (and with online banking, you can find the receipt number and further track the app); problem with money orders is that you have to pay IN ADVANCE and then you cannot easily tell when USCIS cashes it.
Saddle BroncMale02006-09-25 17:24:00
K-1 Fiance(e) Visa Process & ProceduresProof of meeting?
Yes, these have just about all the needed info on them.
Saddle BroncMale02006-09-21 09:39:00
K-1 Fiance(e) Visa Process & ProceduresWhich k form for an illegal resident
She COULD possibly have changed status (using I-539) to B-2 prior to the student visa expiry. IMO, you need to go to consult with an attorney rightaway.
Saddle BroncMale02006-09-19 13:22:00
K-1 Fiance(e) Visa Process & ProceduresCan k-1 be used for undocumented residents
You had best discuss this with an attorney
Saddle BroncMale02006-09-26 12:44:00
K-1 Fiance(e) Visa Process & ProceduresI think I made a big mistake when mailing back RFE
S&J, I found that using priority-mail-delivery-confirmation is usually good for these. You can track when it was delivered, and this is much cheaper than getting signature or certification.
Saddle BroncMale02006-09-26 18:10:00
K-1 Fiance(e) Visa Process & ProceduresNVC tracking system
Yes, I can remember having a hard time tracking a case with NVC.

It was for my Green Card (I had changed it from AOS to CP using I-824 and sent it to Montreal--which then reforwarded to NVC). Having not received a response, I called once to track it; after much time, I finally got a live person who said they had sent it to my (chopf#ck of an) attorney (who naturally hadn't bothered calling). I had to send NVC a letter stating that the attorney had been fired (I had "unofficially" fired him in late 1997 when he botched the submission of my GC app).
Saddle BroncMale02006-09-28 13:58:00
K-1 Fiance(e) Visa Process & ProceduresCost after approved I-129F

I have read several different things about the total cost. We had the I-129F approved for my fiance, how much more can I expect to have to pay in fees?

TIA


Tons.

Visa medical: $100 (pilfering data from eclowjpd)
Visa cost at embassy/consulate: $100 + any service fees

Marriage licence: $30-100 (data I have is for Oakland County, MI at $35; Alexandria, VA at $40; Baltimore and Howard counties, MD at $30)

AOS forms: $745 (breakdown below)
  • I-485 (main AOS form): $395 ($325 for form + $70 for biometrics)
  • I-131 (AP): $170
  • I-765 (EAD): $180

Saddle BroncMale02006-10-04 09:41:00
K-1 Fiance(e) Visa Process & ProceduresI-129F filed to a wrong service center
What will generally happen is either:
  • if officer who receives app is in a good mood, the packet will be transferred to correct SC (in this case NSC)
  • otherwise, packet will be RTS'd (return-to-sender) and will need to be resent to correct one
(I've had equivalent experience with plain-jane I-129 when I was on TN-1--in Atlanta; the guy who had to send in visa renewals for my then-employer lazily sent the app to TSC--when ALL TN-1 mail-renewal apps are supposed to go to NSC--in this case, "good-mood" happened and I got the new TN-1 in time).
Saddle BroncMale02006-10-04 07:26:00
K-1 Fiance(e) Visa Process & ProceduresApplying for K-1 Visa While On An F-1 Visa

If you are planning to get married why not just marry and do AOS from within the USA that way you will not have to return to Canada to complete the K1...

Please see the link for full details of how you do this...

http://www.visajourn...page=i130guide2

Kezzie


:yes: I've more than once responded to people asking to convert from another visa/status (F-1, H1-b, TN-1) with holder already in US. Always, I've told them to get married (in US--exception with H1-b where due to dual-intent allowance, it is "safe" for holder to reenter US after marriage outside) and do AOS rightaway. Basically, converting to K-1 is a waste of both time and money (initial petition fee of $170 + travel costs + visa issuance fees) for such cases. (those on H1-b can save the AP and EAD fees also "safely"--not an option for those on TN-1).

Only one time, I got lambasted by a Limey (whom I informed "I've been on a TN-1 before and gotten a GC from that through Consular processing--and subsequently become a USC; I don't see in your profile that you're even Canadian--minimum eligiblity for TN-1, so I'll assume your comments are based on hearsay").
Saddle BroncMale02006-10-05 11:55:00
K-1 Fiance(e) Visa Process & ProceduresNo Marriage For K1
Unfortunately, K-1 benes are at the mercy of the petitioner. Should petitioner get cold feet about marriage, bene is basically SOL. :( :(
Saddle BroncMale02006-10-05 16:22:00
K-1 Fiance(e) Visa Process & ProceduresFiance in third country with student visa
Also, it can be processed in the third country, as the beneficiary IS RESIDENT there for duration of study.
Saddle BroncMale02006-10-11 11:40:00
K-1 Fiance(e) Visa Process & ProceduresShould I go for K1 or visitors Visa? Tips?

...
Questions (regarding tourist visa):

1. Does it help if I am there in person? (I am living in Brazil right now)

Maybe marginally????

2. Is an I-134 form effective since I am not a relative and if she is not my fiance (but I am in excellent financial condition)?

You would need to file this form anyway

3. Is it worth explaining/proving to the consulate about our relationship and plans?

For a visitor visa, it may actually be a red-flag

4. Is buying a round trip ticket before the interview as proof of her return effective?

Generally not a good idea to book the ticket before visa issuance.
...

8. Is there any 'tricks' to do the fiance visa route without obliging to marriage within 90 days?

No. The requirement of the K-1 is of marriage WITHIN 90 DAYS, IN US.

Edited by CherryXS, 10 October 2006 - 02:48 PM.

Saddle BroncMale02006-10-10 14:48:00
K-1 Fiance(e) Visa Process & ProceduresI-129F petition for K-1
No, No, Yes (copy of passport, all pages)
Saddle BroncMale02006-10-16 15:56:00
K-1 Fiance(e) Visa Process & Procedureslegally married?

am1996 I find your posts interesting and they do give an other insite to immigration.... my overall feeling about your arguments that you give is that they would be well paced in a court room.... but as most of us only ever have contact with CBP and USCIS staff who being human will look at things in there own way

Some would say they are more caricatures of humans--as they lack heart/compassion.

... and the chances are we will never have to argue these points in a court of law.... the legal arguments you give will not do most of us any good... we are in there hands... but if I ever need someone to come and argue legal points I will sure give you a call...

Kezzie

True--try appealing a CBP decision (especially entry-denial--which you would have to come and argue in a US court; rather hard if you have to risk a SECOND ENTRY DENIAL to do so)
Saddle BroncMale02006-10-19 09:44:00
K-1 Fiance(e) Visa Process & Procedureslegally married?

Nothing to add to the info here except a suggestion: why not have in Brazil an elaborate engagement party? Definitely no legal confusion, her family would still be able to celebrate close to the wedding, and you could always do a ring exchange/reception/rededication sometime later, as I imagine the two of you will want to visit her family at some point.

Agree; this is what Pras and I did (our wedding was actually a lot SMALLER than our betrothal). :yes:
Saddle BroncMale02006-10-18 11:18:00
K-1 Fiance(e) Visa Process & ProceduresDeny entry during K-1

Thank you all responded.

Is the deny entry the same as denu visa?

:no:

She is coming from Vancouver. She is canadian citizen. She come to us using WVP.

:no: If she is Canuck citizen, she is NOT entering under VWP (there is a different Canada-specific approach used)

If she is denied entry, does she need to reveal in future visa application?

:no: I had two entry denials in 1988 and 1989; I subsequently got a F-1 visa (by applying for Grad school) and three PFI-issued TN-1's (May 1994, Feb 1995, Nov 1995; also initially denied on the Feb 1995 entry due to improper offer-letter), subsequently got GC (after lots of migraines, Dec 1999) and US citizenship (April 2005).
Saddle BroncMale02006-10-23 15:32:00
K-1 Fiance(e) Visa Process & ProceduresMy fiancee says she needs to own Land before moving here

Hey,

A family member of mine recently began trying to get a girl to the United States to marry. She is claiming she needs to own land and have a credit card before she is allowed to apply for the visa. I have limited working knowledge of H1-B's but this sounds like a scame to get money out of my family. Can someone fill me in if this does sound extremly fishy and where I can go to wake him up that she is lying to him.

Thanks!



Not sure what country she is from. But I know that is true in Poland. The consulate looks for "ties" to the home country on a H1 visa. She needs to show him that she has enough stuff in her home country that she will return to it. Examples are land, home, condo, bank accounts, work contract, letter from work, etc. If you are trying for her to come here for good then the H1-B is not the way to go :)

Doesn't make sense since H1-b is a dual-intent-allowed visa.
Saddle BroncMale02006-11-01 21:26:00
K-1 Fiance(e) Visa Process & ProceduresMissing "admitted" passport stamp during POE to US.
You can get away without even sending in a copy of the passport, so long as you send a copy of another document proving US citizenship.

The boarding passes (and ticket stubs) are good enough to indicate duration.
Saddle BroncMale02006-11-01 13:19:00
K-1 Fiance(e) Visa Process & Procedurespregnant?
Also, pregnancy will NOT expedite the visa issuance any.
Saddle BroncMale02006-11-09 11:30:00