ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & Procedureswhich service center should my fiance send petition?
QUOTE (monty001 @ Jun 17 2008, 11:40 AM) <{POST_SNAPBACK}>
You don't choose the service center. The service center chooses you. ph34r.gif
Actually, you DO choose the SC--by choosing which state to live in.
Saddle BroncMale02008-06-17 11:55:00
K-1 Fiance(e) Visa Process & ProceduresApplied for K1; can now apply for L1A/B through employer
The two processes (work vs marriage visa) are completely different animals, having no effect on the other's process.

Basically, if you get the L-1A and go to the US, you will not be present for the K-1 interview, so the AOS will then be from the L1-a.
Saddle BroncMale02008-06-18 09:35:00
K-1 Fiance(e) Visa Process & ProceduresIs this a good Fiancée Letter of Intent to use?
QUOTE (Gallowglass @ Jun 18 2008, 01:43 PM) <{POST_SNAPBACK}>
QUOTE (Jacob616 @ Jun 18 2008, 06:38 PM) <{POST_SNAPBACK}>
Thank you all for the quick reply. I will make the change as suggested.

Also, I assume that she can sign in Chinese, correct?

Thanks


That I honestly don't know..... unsure.gif
yes.gif

She will be expected to sign the G-325A in Chinese, for all-and-practical (they do ask "name in native script")
Saddle BroncMale02008-06-18 13:48:00
K-1 Fiance(e) Visa Process & ProceduresHow to copy Passport for submission
QUOTE (sweet_peach @ Jun 18 2008, 01:58 PM) <{POST_SNAPBACK}>
I copies every page from front to back in b/w
this could be used of evidence of meeting or proof of citizen ship.
i also copies my birth cert front and back (even though there was nothing on the back)
True if you used US passport to enter the country where fiancé(e) resides (I didn't--but I did use it to reenter US).
Saddle BroncMale02008-06-18 13:06:00
K-1 Fiance(e) Visa Process & ProceduresHow to copy Passport for submission
For proof of meeting, I used:
  • photos from betrothal ceremony, especially a general-group picture which had sign "Betrothal:...."
  • copy of a rail-ticket from Nellore to Chennai
  • copy of currency exchange ($-Rs) receipt

(due to the fact of my using a now-expired non-US passport to enter India, I couldn't use that in the petition)
Saddle BroncMale02008-06-18 12:19:00
K-1 Fiance(e) Visa Process & ProceduresHow to copy Passport for submission
I copied all pages in B/W, including cover.
Saddle BroncMale02008-06-18 12:06:00
K-1 Fiance(e) Visa Process & ProceduresPOE and temporary work authorization
Idea: use nearest POE (or PFI), and ask for the temp EAD--worst-case, you will get an answer of "no", and it's going to be invalidated before the "proper" one arrives anyway.
Saddle BroncMale02008-06-19 14:24:00
K-1 Fiance(e) Visa Process & ProceduresI need assistance on Canceling Petition
QUOTE (fwaguy @ Jun 17 2008, 03:09 PM) <{POST_SNAPBACK}>
QUOTE (brnidokiegurl @ Jun 17 2008, 02:05 PM) <{POST_SNAPBACK}>
..... he would have had to tell some reasons to cancel if he did...
Actually not.... A simple "I hereby request cancellation of the I-129F Petition, reference number WACxxxxxxxxxx effective immediately" .... is sufficient...
Tangential but...

If the OP can contact the filer of the original petition to find out where it is: if the petition was binned, or the original filer cancelled--then OP can move ahead.
Saddle BroncMale02008-06-17 14:18:00
K-1 Fiance(e) Visa Process & ProceduresQuestions.. Canadian to marry US citizen
QUOTE (BB_HW @ Jun 26 2008, 01:03 PM) <{POST_SNAPBACK}>
...I have been told that I can simply take a one way flight to the US for a "visit" and on the spur of the moment we can go get married and THEN I can file for my US citizenship....
Some other myths that rank alongside this one:
  • If you get a Canadian passport, you will have an easier time getting a GC (my own, non-VJ story, proves this to be a gross fallacy)
  • A Canadian passport gives you automatic right to work in US (let's see: two completely different countries, with different styles of government and holding the passport of one entitles you to work in the other? yeah, right!)

Saddle BroncMale02008-06-26 13:13:00
K-1 Fiance(e) Visa Process & ProceduresFiance wants to cancel visa
QUOTE (Mel and Syl @ Jun 27 2008, 12:43 PM) <{POST_SNAPBACK}>
Only the petitioner can cancel the petition and i am sure he'll do so once he finds out what's going on.
Embassy can also do effective cancellation--such as if the beneficiary fails to show up (and doesn't notify them prior)
Saddle BroncMale02008-06-27 11:46:00
K-1 Fiance(e) Visa Process & ProceduresFiance wants to cancel visa
Very simple solution; GF should call petitioner and tell him she no longer wants visa, and then FAIL to do the earliest step of the following:
  • payment of visa fee
  • visa interview appointment show-up

Saddle BroncMale02008-06-27 11:38:00
K-1 Fiance(e) Visa Process & ProceduresApply for K1 or K3?
QUOTE (achubhai @ Jun 25 2008, 10:24 PM) <{POST_SNAPBACK}>
QUOTE (KimandRuss @ Jun 25 2008, 12:25 AM) <{POST_SNAPBACK}>
Same rules apply. If she is granted a K1 visa they must be married in the states. If they come to the border married there is going to be a problem and they will need to apply for a spousal visa.

They are dancing on dangerous grounds as it is. I would not mention the first ceremony to anyone because even tho some may see it as 'non-legal' the Consulate may not. People have been denied visa's for much less.



I do agree this is walking on treacherous ground. But they will NOT mention to anyone that they had their nikkah done (i.e. not tell the consulate) or tell them that they will have the wedding ceremony before they reach the U.S.

It is a very unusual circumstance, but the girl's family would like to have the wedding ceremony in the home country. I guess once they reach here they would have a small ceremony and also the civil marriage.
Re-asking my earlier question: what about a fancy engagement ceremony (much-hoopla party with the word "BETROTHAL" prominently displayed) in home country and simple (I didn't think of civil-only-->but that is as simple as it gets) marriage in US?
Saddle BroncMale02008-06-26 07:52:00
K-1 Fiance(e) Visa Process & ProceduresApply for K1 or K3?
QUOTE (achubhai @ Jun 25 2008, 12:17 AM) <{POST_SNAPBACK}>
Thank you everyone for your feedback.

Yes, basically 'nikkah' is a religous committment between the girl and boy to agree to marry each other. However, after their nikkah, their relationship was not consumated nor was the marriage contract submitted in the legal court.

Based on most everyone's post, it seems like it is ok to go with K-1 (fiance) visa.

Second question:

Once the K-1 visa is approved, he would like to go to her country and have the 'wedding ceremony' (wedding feast, celebration etc.) and THEN bring her to the US. Does that pose any problems when arriving to the US? Will they know that the marriage ceremony was held after receiving the K-1 visa?

I am also posting this question in the relevant country forum.
How about an elaborate BETROTHAL ceremony in non-Yank fiancée's country, and simple marriage in US?

(edit: this is exactly what Pras and I did)
Saddle BroncMale02008-06-25 08:43:00
K-1 Fiance(e) Visa Process & ProceduresQuestion related to renewing my passport
Basically anytime after the marriage--most embassys/consulates will return the old passport with the equivalent of a "cancelled/void" stamp--along with the K-1 in it.
Saddle BroncMale02008-07-10 10:16:00
K-1 Fiance(e) Visa Process & ProceduresPassport Expiration Date and influence on K1
QUOTE (milo75 @ Jul 15 2008, 01:16 PM) <{POST_SNAPBACK}>
Thanks for the replies - hmmmm, guess it's time to work out a plan of action.

I'm curious why the airlines would care about the expiration date on someone who's coming to stay though? I know it's their policy - not questioning that. Just curious.
simplest plan is to renew now and forsake the remainder-time on your current passport.
Saddle BroncMale02008-07-15 12:23:00
K-1 Fiance(e) Visa Process & ProceduresUS Citizen with 2 nationalities
You had the right idea the first time--the dual-citizenship is irrelevant.
Saddle BroncMale02008-07-29 08:35:00
K-1 Fiance(e) Visa Process & ProceduresHiring an immigration attorney
I'll give you some recommendations:

Edited by CherryXS, 15 July 2008 - 01:08 PM.

Saddle BroncMale02008-07-15 13:08:00
K-1 Fiance(e) Visa Process & ProceduresIndians/ Religious Engagement / Wedding
For pictures of an engagement ceremony, a good approach may be to take a picture OF THE SIGN announcing the ceremony, and send that.
Saddle BroncMale02008-09-06 09:27:00
K-1 Fiance(e) Visa Process & ProceduresPregnancy and K1 Visa
(un)fortunately, no effect on processing times; may affect medical however (as she cannot do X-rays).

Edited by CherryXS, 15 October 2008 - 01:51 PM.

Saddle BroncMale02008-10-15 13:51:00
K-1 Fiance(e) Visa Process & ProceduresI-129F Cancellation
QUOTE (YuAndDan @ Nov 6 2008, 11:56 AM) <{POST_SNAPBACK}>
You can not cancel a K-1 after the consulate has denied it, you will need to deal with the reason for denial with USCIS through the appeals process if you get a letter from USCIS.

http://www.uscis.gov...00045f3d6a1____
Y&D--wouldn't IGNORING the letter cause a cancellation by default?
Saddle BroncMale02008-11-06 12:24:00
K-1 Fiance(e) Visa Process & ProceduresK1 and I-140 (EB3-employment based)
hakuna, it appears to me that you are already present in the US (correct me if I'm wrong). If so, the K-1 process may actually be redundant--as you could actually directly marry your USC fiancé and then file I-130/I-485/I-765/I-131 package (or forward the I-130 directly through NVC to Consulate for CR-1).
Saddle BroncMale02008-12-05 15:48:00
K-1 Fiance(e) Visa Process & ProceduresK1 and I-140 (EB3-employment based)
No; the two petitions are completely unrelated.

(from one who actually remembers being in "hurry-up-and-wait" mode with an approved EB-3 I-140 and unable to file I-485--you can see DOS's VisaBulletin for the reason).
Saddle BroncMale02008-12-05 15:08:00
K-1 Fiance(e) Visa Process & ProceduresCan I file for a work permit
For Cheryl: es, you could file for some work permits (such as H1-b or O-1) if you happen to own a company, and give him a job offer (as he is married to a USC, the TN-1 is NOT an option) and file for AOS after he enters.
Saddle BroncMale02008-12-08 09:17:00
K-1 Fiance(e) Visa Process & ProceduresThe requirement of seeing eachother hasn't happened yet!!
QUOTE (crazy.about.shada @ Jan 26 2009, 11:49 AM) <{POST_SNAPBACK}>
WOW!! Not even one person encourages us to start with that. It seems that you are all sure that they won't approve the petition, will they?!! Can't I just say that we hadn't met because I was denied a visa.

Anyways, I think that meeting in a neutral country is the best thing to do. In that case, I will need to keep some photos for us and copies of our tickets maybe. Anything else?!!

Any other opinions, please.
Sales-pitch alert. I agree with that, and am suggesting the third-country: Canada (specifically, Calgary area).

Saddle BroncMale02009-01-27 13:10:00
K-1 Fiance(e) Visa Process & ProceduresApply fiancee visa without proff met in person?
How about he goes to Indonesia to meet you?

Problem with trying to apply for K-1 without meeting in person--major (try more field-marshal) migraines in convincing USCIS.
Saddle BroncMale02009-03-02 08:36:00
K-1 Fiance(e) Visa Process & ProceduresNaturalization Certificate return
No, it doesn't require the original certificate; a notarised copy will work.
Saddle BroncMale02009-03-14 13:55:00
K-1 Fiance(e) Visa Process & ProceduresFiling within US?

Hey there.

I have been here on pending I-485 through EB3 visa for almost four years. During this time I met a woman and fell in love, but have not gotten married. Around 180 days ago my I-485 was denied because of a fraudulent lawyer that screwed up my paperwork (used my approved labor certifiacet for someone else!). I'm already passed the 180 days since decision, can we get married and then file for a K-1 visa or do I need to leave the country and then file?

What is the best approach to get this right?

Thanks!

Seek the advice of a competent immigration attorney, whereby they will be able to advise you on the best course of action taking ALL your circumstances and evidence into consideration.

Could be difficult for mramstedt to take, as he's been burned by an immigration lawyer.

However, I can suggest two competent ones to him.

Just on the little you have disclosed here. If I was adjudicating the adjustment of status case, I would have to ask if you were only after the GC by marrying a USC as you have had an I-485 denied already. Not saying you are at all, but can you see my point at how important it is for you to seek legal advice.

All the best to you.


Edited by CherryXS, 20 November 2006 - 10:53 AM.

Saddle BroncMale02006-11-20 10:52:00
K-1 Fiance(e) Visa Process & ProceduresFiling within US?

A K-1 is a fiance(e) visa. If you are married then you are no longer a fiance(e). The spousal "K" visa is K-3. Any "K" visa needs to have the USC file a petition with the USCIS. After the petition is approved then the consulate in the immigrants place of residence will make final adjudication of the visa.

In this case, the OP is in the US currently, so K visas would simply not be the way to go. :no:
Saddle BroncMale02006-11-18 15:34:00
K-1 Fiance(e) Visa Process & ProceduresFiling within US?
Your approach is incorrect.

For a K-1, you would have to be UNMARRIED, until you return to US on the visa (which would be issued in Helsinki in your case).

A better solution is to get married (in US) and file I-130/I-485/I-131/I-765 package (as this I-485 is based on the I-130, not the original EB-3).

Was your lawyer a metro-Atlanta-based desi (from South Asia sub-continent)?
Saddle BroncMale02006-11-18 15:09:00
K-1 Fiance(e) Visa Process & ProceduresDo I have to be in US while applying??
You may be better off doing a DCF.
Saddle BroncMale02006-09-20 08:59:00
K-1 Fiance(e) Visa Process & ProceduresAmerican marrying a Canadian
QUOTE (norftown @ May 26 2009, 10:55 AM) <{POST_SNAPBACK}>
Like many, I'm having a hard time figuring out what steps my girlfriend and I need to take for our particular situation. I'm a US citizen dating a Canadian who is living in Canada and we have begun discussions of getting married. I plan on getting engaged this fall (September?) and marrying in the spring of next year (May?).

If we get engaged in the fall she would like to move here shortly thereafter so we can be together and so she can begin looking for employment. So a 90 day fiancee visa would not be long enough and I'm not sure that I can sponsor her since we wouldn't be married yet.
The wedding would take place in Canada and we would probably need to be able to travel back and forth while engaged to making wedding plans.
The honeymoon trip would be right after the wedding and we would be travelling outside the US and Canada for at most 2 weeks.
We would then return to the US to live together.

I'm very confused as to if we can even do this and if so, what forms to complete and when everything has to happen. Also, she doesn't want to give up her Canadian citizenship so I assume that in the end she would get a green card. There is also a change that in a few years down the road we may end up moving to Canada.

Any advice or a push in the right direction would be greatly appreciated.
Potentially, out-of-VJ-box solutions are also possible depending on the Canuck fiancé(e)'s quals (employment-based temp visa for her to move down)--so I'll ask that question.

Potentially, she could start looking for work ASAP (as in today) through internet, and sending out the applications. If successful, she could possibly be processed for a temporary work visa directly at POE/PFI.

Danger on the planned honeymoon--with certain visa types (single-entry K-1, or the supposedly non-dual-intent TN-1), the holder needs to have AP in hand to return to US if travelling outside.

On the citizenship issue: unless she explicitly renounces (to CIC) Canadian citizenship, she can hold dual Canuck-US citizenship.

Saddle BroncMale02009-05-26 10:48:00
K-1 Fiance(e) Visa Process & Proceduresletter of intent- which USCIS Service Center ?
Note, if they change it to the lockbox, USCIS will take one of two actions:
  • send it back to you with a note to send it to the lockbox
  • forward it directly to the lockbox, without bothering to inform you

I've actually had experience akin to the latter: in 1998, I had to get a TN-1 renewed, for which the correct SC was NSC; the chop my then-employer tasked with filing I-129's sent it to TSC, and INS forwarded it "nicely" (and without bothering to inform about it) to NSC. (I found out the mistake later when I wanted to get a sample-letter to help another Canuck get a TN-1 renewal).
Saddle BroncMale02010-09-16 08:45:00
K-1 Fiance(e) Visa Process & ProceduresAbout to send the I-129 F packet: USPS or UPS?
USPS with delivery-confirmation works--and is cheaper than signature-confirmation.
Saddle BroncMale02010-09-17 20:05:00
K-1 Fiance(e) Visa Process & Procedures6 Months til we get married-K1?
Moyo, your planning is backwards for K-1--for that you should plan your wedding AFTER you know the date of your K-1 interview.
Saddle BroncMale02010-09-17 12:20:00
K-1 Fiance(e) Visa Process & ProceduresLost boarding passes

Provide copies of all pages of your passport. The passport stamps are more solid evidence than boarding passes, anyway. It would be nice to submit both, but the passport stamps should be enough.

BTW, copy of another document proving US citizenship (passport-card both sides, US birth1 or naturalisation2) will also work nicely for such a petition.

  • for US-born citizens
  • US citizen, not by birth (and exactly the document I acrually sent a copy of)

Saddle BroncMale02010-09-23 15:17:00
K-1 Fiance(e) Visa Process & ProceduresLost boarding passes

Passport stamps. They do not care HOW you got to the Phillipines, your other documentation proves you were there.

Not always prudent to use passport-stamps--especially if a USC petitioner did not use US passport to enter the visited country (as my case in 2005 when I filed K-1 petition for Pras).
Saddle BroncMale02010-09-23 13:07:00
K-1 Fiance(e) Visa Process & ProceduresAddress Change
If you are not the USC, mail in an AR-11.

http://www.uscis.gov...00045f3d6a1RCRD
Saddle BroncMale02010-09-22 13:12:00
K-1 Fiance(e) Visa Process & ProceduresPartner Visa
http://www.partnermigration.com/
Saddle BroncMale02010-09-28 11:24:00
K-1 Fiance(e) Visa Process & ProceduresNot making enough money :(
Another option (caution: depends on quals) is for the OP to seek a job in VA and then get a temp visa (as the OP is a Canuck, there may be a possibility of her getting a TN-1--which gets issued at POE/PFI, never at Consulate/Embassy). In this case, the combined income may be usable.

my suggestion of that possibility on the duplicate thread
Saddle BroncMale02010-10-01 11:09:00
K-1 Fiance(e) Visa Process & ProceduresNot making enough money :(

It should. There's a section in the I-864 instructions that explains how a beneficiary would need to prove that the income would be continuing and some other things.

In that case, the offer (or renewal) letter used for getting the TN-1 in the first place (I had two original-issue and three renewal-by-mail TN-1's1--the letters have to show the employee's salary, and the planned duration of the job2,3).

  • two of which were due to my chop**** attorney's misfiling my case as EB-3 rather than EB-2 (which caused a two year time of "hurry-up-and-wait" when I could not do final-stage filing)
  • up to 3 years (since Oct 2008, limit on TN-1 term), prior to that (such as my own 1994-1999) 1 year
  • there is a stack of rules the offer or renewal letter has to follow to be correct in USCIS' eyes

Edited by Saddle Bronc, 01 October 2010 - 10:09 AM.

Saddle BroncMale02010-10-01 10:08:00