ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresClarification on IMBRA Recall


roi

Gender has nothing to do with the IMBRA

More detailed info on IMBRA

Well that's good to hear... i think! :unsure:

And they get paid to write ####### like that?!!! :blink:

lol they sure do
aussiewenchFemaleAustralia2006-05-11 23:51:00
K-1 Fiance(e) Visa Process & ProceduresClarification on IMBRA Recall


who knows what's going on.. we can only speculate... but.. if this law is in effect and interviews are being cancelled for no reason, well then you can write your congressmen(or women) letters.. via FedEx... but.. if this law is implemented properly, I have no problem with waiting a little extra time if it means that there are more stringent background checks on USC's for abuse/violent crimes.. I'd rather wait than have another woman beaten...

easy for you to say icey... 1) because you're a woman 2) because you don't have your NOA2. For those of us who are men, and have an interveiw date... I don't think we feel the same way, especially since I have no crminal record, have served in the military, and currently work on a military installation. My TS clearance is enough proof of that. This is just more #######. PERIOD.

roi

Gender has nothing to do with the IMBRA

More detailed info on IMBRA

Edited by aussiewench, 11 May 2006 - 11:26 PM.

aussiewenchFemaleAustralia2006-05-11 23:25:00
K-1 Fiance(e) Visa Process & ProceduresGap between employment history
Many put college etc down rather then putting 'none'
aussiewenchFemaleAustralia2006-05-14 05:47:00
K-1 Fiance(e) Visa Process & ProceduresBirth Certificate
There is no problem but it is unnecessary as only one or the other is required to proove US citizenship.
aussiewenchFemaleAustralia2006-05-14 09:07:00
K-1 Fiance(e) Visa Process & ProceduresProblem!!
Lots of military members that will be able to help you out as far as what you need to do. You could try doing a search for some members posts eg jodee who was in similar or same position from memory.

All the best to you both

Lorelle
aussiewenchFemaleAustralia2006-05-13 04:29:00
K-1 Fiance(e) Visa Process & Procedures2nd trip to the US
I know when I visited...I was only asked 'business or pleasure'........I said 'pleasure' and that was it. Only have to answer the question/s they ask.......I read on here a while back a good example.....If someone asks you if you have the time...one answers 'yes' not 'yes.....its half past whatever'. Enjoy your trip :)
aussiewenchFemaleAustralia2006-05-13 03:42:00
K-1 Fiance(e) Visa Process & ProceduresThis is crazy

The I-767C has two dates on it:
The Receipt Date
and
The Notice Date.

I have yet to find someone who can say beyond the shadow of a doubt which date is the date the USCIS keys on.

Someone responded that it's the date and time they stamp the Petition package with.

That helps ... absolutely for nothing.

We don't know what the date-time stamp is they stamped the petition package with.

I wonder if anyone knows which date the IMBRA is keying on.

The reason I keep asking is my Receipt Date is 3/1; the Notice Date is 3/7.

One is before the cutoff and the other is after.

'Larry and Maria'

Please yourself...I gave you the information as to what the receipt date on your NOA1 was.......I guess I need to explain further.

The receipt date on the NOA is the day the service center physical received your petition which is the date-time stamp on the petition. The NOA Notice Date is the date it was entered into the system and a NOA generated. Anything to do with your process including guaging whether your case is overdue is taken from the receipt date (the date it was phsically received at the service center)..not the NOA notice date. The NOA2 has nothing to do with whether you will or may be affected by the IMBRA. Any petition received after March 6 (the date stamped on your petition which is the receipt date on your NOA1) are the ones affected by the IMBRA. As your reciept date is 3/1 then you filed before the Act came into effect and should not come under the IMBRA.

Edited by aussiewench, 14 May 2006 - 12:24 AM.

aussiewenchFemaleAustralia2006-05-14 00:23:00
K-1 Fiance(e) Visa Process & ProceduresThis is crazy


I think I kinda have to agree with Joey on this. Vermont was processing those approvals sooooooo fast so the NOA1 date on all those approvals was after March 6. Now...they have to go back and re-process those cases since most of them will be re-called for the futher security checks. The reason CSC/Texas is still moving is because they are just now processing cases that have a NOA1 receipt BEFORE March 6.

I hope this makes sense......I am sure they will begin processing these cases soon but if you put things into perspective, Vermont folks are now in the same waiting timeline as CSC folks........which I think is only fair............(I am sorry...don't shoot me!!!!!!!) :blush:

Really though....one processing center should not be any faster than the next because there is not any equitibility in that..........

Sorry guys............. :(


Sorry, I have to agree too. Vermont has been the one service center that flies the petitions through while everyone else at the service center wait for weeks and weeks. Everything should really be the same across the board at the centers.

The problem though from much that I have read is in administration.....that is not VSC's problem. Service centers believe it or not.....do have different ways of doing things.....that is where the problem lays. Plus there has been 'fraud ring busts' in California etc.....it all contributes. To be glad this is happening to those going through VSC just so it puts them in line with the other service centers is pretty fcuked up reasoning if you ask me....and I have never been so disappointed in my life to hear that coming from other members. You guys should be ashamed.
aussiewenchFemaleAustralia2006-05-13 12:40:00
K-1 Fiance(e) Visa Process & ProceduresStarting Procedure for Meeting and making it go faster
Please take the time to read about the different visas in the guides above and things that are relevent to the country of your fiance. This can and may effect your decision on which visa to do. First of all though....I agree with motu....meet your fiance first to ensure that this is the right thing for both of you, as this is a very long road and is longer for some then for others.

Welcome to VJ
aussiewenchFemaleAustralia2006-05-13 21:03:00
K-1 Fiance(e) Visa Process & Proceduresk-2 question please
Good job md :thumbs: Now we know for future reference as well.....thank you.

Edited by aussiewench, 14 May 2006 - 11:44 AM.

aussiewenchFemaleAustralia2006-05-14 11:43:00
K-1 Fiance(e) Visa Process & Proceduresk-2 question please



Hello,
I want to know what is a K-2 Physically. Does the child receive a packet like the fiance's. I plan on bringing the 4 year old over to the states within a year. What does the 4 yr old travel with? a packet? a stamp on her passport? Please help me.

THanks

The Child will`get a K2 visa in the passport the same as your fiance did, probably a pack to hand in at POE too!!


The child will most likely need a passport. Although some countries do allow minor children to travel on the parent's passport. The child will need at a minimum, birth certificate, visa application photos, visa fee, visa application form and have a medical exam.

There will only be one big brown envolpe which is given to the K-1 and everyone's paperwork will be in it.

What happens though in the case as the OP said, 'I plan on bringing the 4 year old over to the states within a year'. If the child is travelling after the mother has already entered on the K-1.

Edited by aussiewench, 14 May 2006 - 11:04 AM.

aussiewenchFemaleAustralia2006-05-14 11:04:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Process USCIS Fillable PDF Forms Problem
does your fiancee have V7 as the USCIS forms require that....or at least many of them do. There is a trial version available in the link in my signature. Or your fiance could try the fillable forms from visapro.com which are also the current as per USCIS forms.

Edited by aussiewench, 16 May 2006 - 07:41 AM.

aussiewenchFemaleAustralia2006-05-16 07:40:00
K-1 Fiance(e) Visa Process & ProceduresVisa past due
dang.....thanks for picking that up yodrak...I was sure my eyes had seen 2005 when I first read it
Posted Image

Tracy and Lorelle,

Why isn't the 2nd divorce decree that Mario submitted in response to the RFE OK?

Mario writes that the date of the divorce was January 21, 2005. He further writes that he responded to the RFE with a copy of the divorce decree dated February 20, 2006 - 13 months after the date of the divorce.

Yodrak


aussiewenchFemaleAustralia2006-05-16 09:28:00
K-1 Fiance(e) Visa Process & ProceduresVisa past due

I'm assuming you are the USC, and it sounds like your state has a 60 day waiting period after the termination of the marriage before you can legally marry someone else. Each state has different rules about divorcing and remarrying.

I think what your lawyer is saying is to send a copy of the same thing that is stamped at least 60 days past the date the divorce was final. I don't think Feb 20th fits that bill.

That is my guess based on the limited info provided.

What that has to do with the title of the thread (Visa past due?), I have no idea.

I agree Tracy.....submitting another copy dated Feb 20 when he received an RFE because the first was dated Jan 24 still wont satisfy the reason the RFE was sent in the first place. To satisfy the RFE it would need to be dated after March 22.

Mario
The visa will be applied for at a consulate after the petition has been approved and forwarded. A petition is not a visa.
aussiewenchFemaleAustralia2006-05-16 02:28:00
K-1 Fiance(e) Visa Process & Proceduressimple question!


You have to watch it if you check too often though as I did.....like 10+ times a day or they ban you for the rest of the day from logging in :blush: :P


LOL! Seriously?

I got my NOA2 e-mail notification during the 2 hour span of time when I wasn't able to obsessively check -- so sometimes the old saying is true -- a watched pot never boils ;)

Yep....happened to me more then once lol I was a shocker when it came to checking online status.....I was on VJ all day and sometimes all night as I dont work.....so the urge to check status umpteen times a day was just too great.
aussiewenchFemaleAustralia2006-05-19 06:42:00
K-1 Fiance(e) Visa Process & Proceduressimple question!
You have to watch it if you check too often though as I did.....like 10+ times a day or they ban you for the rest of the day from logging in :blush: :P
aussiewenchFemaleAustralia2006-05-19 04:48:00
K-1 Fiance(e) Visa Process & ProceduresWhat to do?
pak

Filing directly with the consulate (DCF) is for the CR-1 visa. Its just all done directly through the consulate, saving an awful lot of time. On entry to the US one is issued a green card....there is no adjustment of status. Im not sure on timeframe with the Ukraine consulate but through other consulates this process can take only a few short months in many cases as opposed to many many more months when filing through USCIS in the US, including the process for the K-1 visa.

You do need to first call them to find out if you qualify as a resident of the Ukraine. If so, then this would possibly be your best bet to get through this in the fastest possible way...with the bonus of your partner gaining the green card on entry with the CR-1
aussiewenchFemaleAustralia2006-05-19 09:06:00
K-1 Fiance(e) Visa Process & ProceduresWhat to do?
pak

I found one reference in the DCF forum re DCF in the Ukraine. Not a lot of info but something.......plus a link to the US embassy in Ukraine website.

http://www.visajourney.com/forums/index.php?showtopic=2672&hl;=ukraine

Good luck to you. If you qualify to do DCF there, depending on any residency requirments, in most cases it is a blessing as it is all done quicker.
aussiewenchFemaleAustralia2006-05-19 05:04:00
K-1 Fiance(e) Visa Process & ProceduresWhat to do?
pak

I would look into whether you can do DCF especially as you have been living outside of the US for over a year. Have you lived in your fiance's country all this time? Have a read of the DCF Guide HERE so you can determine whether this is a possibility.

Lorelle
aussiewenchFemaleAustralia2006-05-19 02:43:00
K-1 Fiance(e) Visa Process & ProceduresLawyer's response to K-1 questions

It is lawyers like that, that make it hard for those of us who did not have intent to marry when we entered on VWP/Tourist visa..... if you know you intend to do that how could you be honest when/if asked about it at your AOS interview.... what starts out as 1 lie always ends up with you living a lie....

Kezzie

It isnt illegal to enter the US with intent to marry on a VWP........I was asked business or pleasure....I answered pleasure. Did I adjust status no.....but I very well could have. I knew nothing of any of this prior to VJ. Call me nieve but there is plenty that find themselves in same position. I answered truthfully the question that was asked of me.
aussiewenchFemaleAustralia2006-05-19 12:10:00
K-1 Fiance(e) Visa Process & Procedureswhat can i do?? 17 days since NOA2 and nothing!!

Then he said it takes 2 - 4 weeks for them to receive it.
Some seem to have gotten notice from the NVC rather quickly; however, that was before all the IMBRA started coming down.
I wonder if this NVC situation is the result of IMBRA and additional checks.

Its always taken 2-4 weeks for NVC to receive petitions, sometimes less. The service centers send them off in batches.....it can be a week or so before it even leaves the service center.


goldie
I'm sure you will know something soon about your petition. Waiting and being patient is difficult in this process *hugs*

Lorelle
aussiewenchFemaleAustralia2006-05-18 06:38:00
K-1 Fiance(e) Visa Process & ProceduresK-1 NOA2 Recipients: Everyone get their A-Number on the NOA2 Form?
Many 'A' numbers are assigned during this process......and it has always been random as to whether they appear on the NOA1's and/or NOA2's. It is the same no matter whether the petition is I-129F fiance/spouse or I-130. On entry to the US you will be assigned another 'A' number, so not worth worrying about whether or not A numbers have appeared on NOA's.

Lorelle

Edited by aussiewench, 21 May 2006 - 02:26 AM.

aussiewenchFemaleAustralia2006-05-21 02:02:00
K-1 Fiance(e) Visa Process & ProceduresI got the visa...
Well done :thumbs: Congratulations
aussiewenchFemaleAustralia2006-05-19 05:09:00
K-1 Fiance(e) Visa Process & Proceduresrejected!! =(

Photos are your secondary evidence. I wondered why they told me this before and I thought about it. The person in the photo could be ANYONE, how would they know


searcher,
Since you have to submit photos of both parties with the application, it is fairly easy to see that the people in the 'meeting' photos are indeed the sponsor and the beneficiary. Also, these photos will be matched later with official government photos such as from passports. For this reason, I always saw photos as primary evidence.

Whether the photos submitted as evidence are easily seen to be the same people as in the passport style photos is of no relevence. The evidence submitted must show or support other evidence of having met in the required 2 year period..not that they are the people in question.

Taken from a members post of received RFE where photos were submitted.........

MEETING IN PERSON: Though you have submitted photos, they alone do not establish that you have met your fiance in person within the two-year period. therefore, submit evidence of meeting between you and the beneficiary in person. the primary evidence may include copies of passport pages that show the identification page and admission stamps military orders letter from Commanding Officer, or any evidence that will help the Service to determine that the petitioner has met the beneficiary within the 2 yrs. "

Edited by aussiewench, 21 May 2006 - 08:26 AM.

aussiewenchFemaleAustralia2006-05-21 08:24:00
K-1 Fiance(e) Visa Process & Proceduresrejected!! =(


Well all you can do is keep trying. Try to figure out what the problem was and go from there. Maybe it has something to do with you canceling the first one? I do beleive the just changed some rules in March to better screen the US citizen when applying. (especially men) I think one red flag is those who apply more than once in "a certain amount of time". Im not sure how long they made the cooling off period between applications.


But doesn't that rule going to be applied to one petitioner applying for two different beneficiaries? Looks to me as if the OP is applying for the same beneficiary

The law refers to approved petitions and from what the OP is saying the first was cancelled and this one was denied due to the evidence of having met being outdated.

Upon approval of a second visa petition under section
101(a)(15)(K) for a fiance´(e) or spouse filed by the same United
States citizen petitioner, the petitioner shall be notified by the
Secretary that information concerning the petitioner has been
entered into the multiple visa petition tracking database. All subsequent
fiance´(e) or spouse nonimmigrant visa petitions filed by that
petitioner under such section shall be entered in the database.




serce24
As you havent yet received any information from the service center re the denial, I would suggest only taking your representives statement to start all over again as 'his opinion' and not factual. The service center may very well give you info on 'appealing' or reopening your case' and which form you need to complete in order to do so. This usually requires you to then submit new evidence. Not saying this is a definate, but I would definately wait to hear from the service center.

Lorelle
aussiewenchFemaleAustralia2006-05-21 02:23:00
K-1 Fiance(e) Visa Process & Proceduresexpired petition

Also... I found this: http://tinyurl.com/z3agn Just tell me that this cannot possibly be true ;)

Would of been for other reasons then what is stated in that link. Anyone at anytime regardless of what type of visa, can be denied entry at POE for a multitude of reasons. A visa does not guarantee you entry to the US at POE. Does it happen often with K visa's....I doubt it.
aussiewenchFemaleAustralia2006-05-22 10:11:00
K-1 Fiance(e) Visa Process & ProceduresHave H1B, no longer employed. Now what?

Post this question in the AOS thread.

Why? They are also asking about the fiance visa and which would be best.


vjs

I would make an appointment with an immigration lawyer to find out the best course of action given your circumstances. But, yes it is possible for you to adjust status state side but advice from a lawyer would be advisable.
aussiewenchFemaleAustralia2006-05-23 02:09:00
K-1 Fiance(e) Visa Process & ProceduresHaving Difficulty Entering Type on G-325A form
Also be wary when using the fillable G-325A as there is a bug which checks the wrong box for 'This form is submitted in connection with application for' on pages 2, 3 & 4. You are best leaving this and checking by hand.
aussiewenchFemaleAustralia2006-05-23 02:14:00
K-1 Fiance(e) Visa Process & Proceduresupdate to uscs site
There is not definate information on whether there will be extra forms to complete. All there has been so far is hear say from outside of USCIS. I imagine they will be quiet ept in conducting the necessary background checks through the various data bases that they have access to. Thats just my opinion. Only time will tell for certain.
aussiewenchFemaleAustralia2006-05-23 10:17:00
K-1 Fiance(e) Visa Process & Proceduresupdate to uscs site
I think you answered your own question. Vermont even went backwards from what I could tell. Dont take too much by those dates or you will drive yourself nuts. All it does is tell you that the latest petition that an adjudicator is working on has that date. Most of the other adjudicators could still be working on petitions dated much earlier. With the IMBRA, all the service centers have slowed right up. Hopefully it should pick up again soon. 1100 returned petitions may seem a lot, but it is a drop in the ocean compared to the number of various petitions they receive.

All the best

Lorelle
aussiewenchFemaleAustralia2006-05-23 09:56:00
K-1 Fiance(e) Visa Process & ProceduresUncertainty
http://www.visajourney.com/forums/index.php?showtopic=14880
aussiewenchFemaleAustralia2006-05-23 12:21:00
K-1 Fiance(e) Visa Process & ProceduresUncertainty
Spousal petition could possibly be a good option right now. At least those petitions weren't affected by the recall and the NBC is showing as processing petitions with a later date then they are at service centers for the I-129F for fiance. Its worth a shot IMO. Others may disagree.
aussiewenchFemaleAustralia2006-05-23 08:50:00
K-1 Fiance(e) Visa Process & ProceduresHas anyone gotten a RFE about the IMBRA?

The memo was released on May 6th, from the official DHS website.

I guess it took them a while to have it available on their site. I check there regularly and it definately wasnt there a couple of days ago.
aussiewenchFemaleAustralia2006-05-23 09:46:00
K-1 Fiance(e) Visa Process & Procedures129-F/IMBA

I'm sorry Yodrak - what do you mean that security checks aren't the issue? Isn't that what this whole thing is about?

From what I understood security checks are required to be done on the American citizen as of March 7th of this year. However, they were not done on certain apps all of which are now being returned for this purpose. If during the checks anything suspicious is found (criminal record, multiple K-1 visa filing, marriage broker etc.) then the foreign fiance will be informed and further action taken.

Am I wrong?

E

Security checks are done regardless of IMBRA.....what is now necessary is background checks on the petitioner re criminal history, any past petitions etc Think I got what yodrak meant :unsure:

Edited by aussiewench, 23 May 2006 - 03:31 PM.

aussiewenchFemaleAustralia2006-05-23 15:30:00
K-1 Fiance(e) Visa Process & Procedures129-F/IMBA
expatrica

That is exactly what they are asking.....One of the requirements of the I-129F is having met IN PERSON within the 2 year period immediately prior to submitting the petition. So I wouldnt be stressing on that.

As gtigiant said....there is no time frames on how long this is going to take.

Hang in there. I really feel for you and all that are dealing with returned petitions *hugs*

Lorelle
aussiewenchFemaleAustralia2006-05-23 15:00:00
K-1 Fiance(e) Visa Process & ProceduresIMBRA?


I agree with Luis&Laura. Is it our fault they don't have the new form yet?!



It´s their fault.. they know that.

But they don´t care. People are gonna lose plane tickets and if I recall correctly, the petitions are valid for 4 months.
If they don´t sort this out soon thwy will expire and we can expect even more delays.

It is always advised to not make any plans or flight bookings until visa is in hand. That is not USCIS fault.
How can there be delays if the petition expires.....it will be extended just as it always has been in the past.

I'm all for saying that this situation sucks but not everything is their fault. Some comments that are being thrown around these threads loosely will add fuel to unnecessary panic.
aussiewenchFemaleAustralia2006-05-23 18:08:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa Medical + Interview
Hi lachlan

Getting the results back from the medical will vary from state to state. Im in NSW and my medical results were mailed out to me a couple of days after the medical. I could of gone and picked them up myself as well. US Consulate in Sydney is pretty quick on interview dates but I cant remember off hand, sorry, as I am CR-1. There is a lot of information you can gain about this interview process within australia, by coming and joining us in the LAND DOWNUNDER thread.

Are you aware of the DCF process and how easy it is to do here in Australia?

Lorelle
aussiewenchFemaleAustralia2006-05-24 07:30:00
K-1 Fiance(e) Visa Process & ProceduresJust starting out
There is nothing like today to get things started........why wait. As for VSC, they will kick a$$ again soon. The amount of petitions that were recalled is only a drop in the ocean compared to the numerous amount of other petition types that are processed.
aussiewenchFemaleAustralia2006-05-24 12:22:00
K-1 Fiance(e) Visa Process & ProceduresQuestions About Preparing Packet

A couple more questions. Thanks for all the tips.

Okay, so I'm going to use a 2 hole puncher for all the documents I'm submitting for K1 Visa. Should I have the whole packet pinned together with acco tabs or should I separate the official forms (I-129F, G-325A) from the evidence (copies of boarding passes, photos)?

How thick is the packet? 1 inch? 2 inch?

Sorry to be so ####### about this, but I'm so scared that of them sending it back to me if it's not to their standards.

Just put everything in the order in the assembly instructions.......you will be fine :thumbs:

Thickness is going to vary depending on how much evidence you have. Just remember.....dont give them so much that they are going to get lost in it. Be selective of your evidence....what you are wanting is to create an image in the minds eye of the adjudicator that you meet the requirements of having met which established the relationship. Tie this evidence in with Q18 of the I-129F which is asking you to describe the circumstances of how you met (in person).

If you are wanting to be #######....use tabs on the bottom so it makes it easier for the adjudicator to find what they are looking for.

All the best

Lorelle

Edited by aussiewench, 25 May 2006 - 12:53 AM.

aussiewenchFemaleAustralia2006-05-25 00:53:00
K-1 Fiance(e) Visa Process & ProceduresOverwhelmed and looking for advice
Have you looked into DCF considering you are already in your fiances country.....Perhaps worth looking at the residency requirements for filing there. Much quicker and its an immigrant visa, plus its the green card on entry.

http://netherlands.usembassy.gov/immediate_relatives.html

http://netherlands.usembassy.gov/immigrant_visa.html

Policy changed recently where consulates are now only requiring the most recent tax year for I-864 for DCF, but you would need to confirm that with the individual consulate.



- Are these two statements correct?

Yes

- Is there any flexibility in the 3 tax years, meaning since I have a job lined up in the US, is there anyway I can use that as proof of income?

It could help.


I will let someone else with more knowledge and incite answer the latter further.

Lorelle

Edited by aussiewench, 25 May 2006 - 07:46 AM.

aussiewenchFemaleAustralia2006-05-25 07:39:00