ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresWE GOT THE VISA!!!!!
That is AWESOME Denis.....YEEYAAAAAAAAA :dance: :dance:

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aussiewenchFemaleAustralia2006-05-26 11:04:00
K-1 Fiance(e) Visa Process & ProceduresCan USC attend the interview
This is from the US Consulate Guangzhou (China) website

Who can come with me to the interview?

In general, adult applicants should be prepared to be interviewed alone, one at a time by a consular officer. Minor children may be accompanied by a guardian adult, and at the consular officer's discretion those needing assistance or escort may be interviewed together with another individual. American citizens may not accompany applicants to the interview, but are welcome to attend our American Citizen Hour every Monday from 3:00 - 4:00 p.m.

Edited by aussiewench, 29 May 2006 - 08:28 AM.

aussiewenchFemaleAustralia2006-05-29 06:52:00
K-1 Fiance(e) Visa Process & ProceduresDealing with Delays
Found this and it gave me a chuckle :P

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aussiewenchFemaleAustralia2006-05-30 05:42:00
K-1 Fiance(e) Visa Process & ProceduresDealing with Delays
Very well written Jaci :thumbs:
aussiewenchFemaleAustralia2006-05-29 11:24:00
K-1 Fiance(e) Visa Process & Proceduressometimes congresman backfires
see guru's other thread for details

http://www.visajourney.com/forums/index.php?showtopic=15600
aussiewenchFemaleAustralia2006-05-29 17:28:00
K-1 Fiance(e) Visa Process & ProceduresNEW FROM THE NEW MEMBER ABOUT IMBRA
I will get in before the Capt'n :lol:


Please post here:

http://www.visajourney.com/forums/index.php?showtopic=13584&st;=440
aussiewenchFemaleAustralia2006-05-30 13:53:00
K-1 Fiance(e) Visa Process & ProceduresNEW FROM THE NEW MEMBER ABOUT IMBRA
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aussiewenchFemaleAustralia2006-05-30 13:50:00
K-1 Fiance(e) Visa Process & Procedureshelp!
:huh:


He would of gotten something from the service center in order to know that.
aussiewenchFemaleAustralia2006-05-30 08:13:00
K-1 Fiance(e) Visa Process & Procedureshelp!
What did you receive to say they had 'denied the check'?
aussiewenchFemaleAustralia2006-05-30 07:34:00
K-1 Fiance(e) Visa Process & ProceduresIMBRA FACTS!!

aussie or ewok can you just delete my post i didnt mean to cause anyone any extra grief. just an idea that apparently sucks, please just delete and ignore this post.

sorry
JOe

Hi Joe

Send the Capt'n a PM if that is what you want to do. Its not that the idea sucks.....just a little to early in order for it to work. There has been plenty of threads started for factual information on various topics...many of them pinned threads that we all still benefit from. There will be one for the IMBRA eventually as well.


Take care :thumbs:
aussiewenchFemaleAustralia2006-05-30 23:18:00
K-1 Fiance(e) Visa Process & ProceduresIMBRA LAW
Hi SoLiEL.......good luck on your journey. Congrats on taking the first step :thumbs:

As Laura said....read the linked thread





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aussiewenchFemaleAustralia2006-05-30 19:55:00
K-1 Fiance(e) Visa Process & Procedureswooow booring
:yes: >>>>>>>>>Posted Image
aussiewenchFemaleAustralia2006-05-30 20:13:00
K-1 Fiance(e) Visa Process & Procedureswooow booring

oh boy another chop....nope i wont go there i promise :whistle:

oh but please do hahahaha Posted Image
aussiewenchFemaleAustralia2006-05-30 19:06:00
K-1 Fiance(e) Visa Process & ProceduresWhere to file I-129F for California?
U.S. Department of Homeland Security
US Citizenship and Immigration Services
California Service Center
P.O. Box 10130
Laguna Niguel, CA 92607-1013

OR

The following address is used for overnight delivery (Federal Express, UPS, etc.) or bonded courier delivery:

U.S. Department of Homeland Security
US Citizenship and Immigration Services
California Service Center
24000 Avila Road, 2nd Floor, Room 2312
Laguna Niguel, CA 92677
aussiewenchFemaleAustralia2006-05-31 03:27:00
K-1 Fiance(e) Visa Process & ProceduresWhere to file I-129F for California?

I am confused as on where to file I-129F for California.
http://www.uscis.gov...boutus.htm#zips says "I-129 (& related I-539s) Vermont Service Center", yet in other place it says "see Form". Form says that for California one should file to Laguna Niguel. If it is LN, then what P.O.Box and zip code I should use? Each form has its own...
Thanks.

Your confusion is coming with the I-129.....this is a nonimmigrant work visa. You are filing the I-129F and that is sent to the Laguna Niguel address.
aussiewenchFemaleAustralia2006-05-31 02:08:00
K-1 Fiance(e) Visa Process & ProceduresK1 Process for Australia Fiancee
Hi and welcome to VJ.....As others have said, have a read of the Guides etc ........also come and join us in the aussie 'Land Downunder' thead http://www.visajourney.com/forums/index.php?showtopic=27

Lorelle
aussiewenchFemaleAustralia2006-05-05 04:04:00
K-1 Fiance(e) Visa Process & ProceduresSuggestion


If you have received your Notice of Action letters (either 1 or 2) KEEP THEM IN A SAFE PLACE!!!

DO NOT LOSE IT.

DO NOT THROW IT OUT.

I repeat.

DO NOT LOSE IT.

DO NOT THROW IT OUT.


That also goes for

Your bankbook
passport
house and car keys
child under age one
wallet
tv remote
glasses or contacts
grandma's chocolate chip cookie receipe
the dog

You're on a roll :lol:
aussiewenchFemaleAustralia2006-05-31 20:29:00
K-1 Fiance(e) Visa Process & ProceduresDepartment of state
Here is serce24 original thread from a little while back that says things a little clearer, prior to the denial at embassy.

http://www.visajourney.com/forums/index.php?showtopic=11243&hl;=


serce24 ...I agree with kitkat....get a competent immigration lawyer to help you through things.

Good luck to you

Lorelle
aussiewenchFemaleAustralia2006-05-31 00:19:00
K-1 Fiance(e) Visa Process & ProceduresCalifornia/Texas NOa2
Barry....time between NOA1 & NOA2 is going to be longer then usual because of the IMBRA so trying to figure out an expected approval (NOA2) date at present is fruitless.

Lorelle
aussiewenchFemaleAustralia2006-05-31 01:44:00
K-1 Fiance(e) Visa Process & Proceduresis this a possible reason for a denial of visa petition?????

Well my fiance had his interview yesterday and thats what she was asking about is why she wanna marry so soon after divorce? And also our age difference. Those are the rules that as long as you are free and clear to get married you are good to go but thats bullshit cuss they still hold it against you.

Two seperate issues.
Being free to marry and showing the proof of that is one of things that is needed for a petition to be approvable.
At interview one may be asked questions about that or anything else they wish to, but its not a reason to deny a visa. A conof has to have reasons that USCIS where unaware of when they approved the petition in order to deny.
aussiewenchFemaleAustralia2006-06-01 01:42:00
K-1 Fiance(e) Visa Process & Proceduresis this a possible reason for a denial of visa petition?????
A petition requires that you are free to marry and that you have met in person. If the divorce is final and your have met in person.......then you subit the evidence to support that.
aussiewenchFemaleAustralia2006-05-30 08:19:00
K-1 Fiance(e) Visa Process & ProceduresI got my interview!!!!
Yayyyyyyy cristy :thumbs: :dance: Congratulations
aussiewenchFemaleAustralia2006-05-31 22:23:00
K-1 Fiance(e) Visa Process & ProceduresBirth Certificate - Front and back? No back
Yep they say that dont they. Mine is blank on back as well and whilst I didnt have to submit mine for the I-130 I still sent it along with the blank page :blink: Crazy hu. Have seen the odd post in the old site of RFE's requesting both sides when only the front was submitted.......so they sent it :P Things dont always seem to make sense :wacko:
aussiewenchFemaleAustralia2006-04-03 00:39:00
K-1 Fiance(e) Visa Process & ProceduresTo marry or not to marry..that is my question!
Adjusting status whilst in the US after marriage when it wasnt the intention on entering the US to immigrate, is just as LEGAL a way to immigrate as the K or CR visas.
aussiewenchFemaleAustralia2006-04-03 18:07:00
K-1 Fiance(e) Visa Process & ProceduresTo marry or not to marry..that is my question!


Ok, I feel like I’m between a rock and a hard place! My fiancé has been staying with me for almost a month now and plans on staying with me until around august after my baby is born (no unfortunately the baby is not his). We were looking into the K-1 fiance visa but I know if we do that he’ll have to go home for god knows how long and that’s really freaking me out. We were thinking of just getting married since he’s already down here but I’m wondering if that’s ok to do?? We were told it could look bad that he came down to visit with no visa status or visitor thing or anything he just came through with his passport. If that’s to risky I’ll suck it up and do the fiancé one, but I guess even if we were to get married now would he still have to go back to Canada for a long time or could we process everything from here??

Anyone who could give me advice on this would be awesome!! Thank you so much!



Why can she just apply for AOS when clearly there is intent to get married for the fact Sweetdefiance mentioned they are engaged already? How can you tell someone when you apply for AOS that there was no intent on marriage on POE when you are engaged already? I would see this could work for someone who's not engaged or meeting someone while you are in the usa. but that's not the case here. if they do get married and adjust status now wouldn't they than have to lie about being engaged already?
I agree with gsmaclean's post about filing for the k1 visa now and since he is Canadian and can stay there for 6 months. You will be well into the process already and wouldn't, hopefully, have to wait that much longer to be back together.

It is not illegal to enter the US to marry...simple. People do it all the time. If there was no intent to immigrate and one can show that IF asked, one can stay and adjust status.
aussiewenchFemaleAustralia2006-04-03 17:59:00
K-1 Fiance(e) Visa Process & ProceduresHELP~

Circumstance of Meeting: Submit information regarding the circumstances under which you and the beneficiary met to establish the relationship (elaborate on statements).

As Luis&Laura replied, they are asking for details in response to question 18. Elaborate as much as you can to establish having met, and the circumstances under which you met to establish the relationship. A single page would suffice.

This has come up a few times now with RFE's for more detail in response to question 18.


Birth Certificate: Submit a photocopy of the beneficiary's birth cirtificate along with an English translation.

If there is no birth certificate as you stated, and they are requesting such, then you will need to do the following......

This is straight off the I-130 instructions but the same applies.

What If a Document Is Not Available?
In such situation, submit a statement from the appropriate
civil authority certifying that the document or documents are
not available. You must also submit secondary evidence,
including:

A. Church record: A copy of a document bearing the seal
of the church, showing the baptism, dedication or
comparable rite occurred within two months after birth,
and showing the date and place of the child's birth,
date of the religious ceremony and the names of the
child's parents.

B. School record: A letter from the authority (preferably
the first school attended) showing the date of admission
to the school, the child's date of birth or age at that time,
place of birth, and names of the parents.

C. Census record: State or Federal census record showing
the names, place of birth, date of birth or the age of the
person listed.

D. Affidavits: Written statements sworn to or affirmed by
two persons who were living at the time and who have
personal knowledge of the event you are trying to prove.
For example, the date and place of birth, marriage or death.
The person making the affidavit does not have to be a
U.S. citizen. Each affidavit should contain the following
information regarding the person making the affidavit: his
or her full name, address, date and place of birth and his
or her relationship to you, if any, full information
concerning the event, and complete details explaining
how the person acquired knowledge of the event.

Other: Provide original statements from you and your fiance whom you plan to marry within 90 days of her admission, and copies of any evidence you wish to submit to establish your mutual intent.

I've already sent in the original statements saying our intent of getting married.. I don't know what other evidnece that I can possibly send in when I don't even know the exact date when she is coming here

Send the Letters of Intent again from both you and your fiance...sometimes things do get lost. As for evidence that you may submit....Here is a sample of what could be included.....

engagement ring receipt
any evidence of an engagement....... eg. congratulatory emails or cards.
any evidence of having made any plans for the wedding.....ie. any contact with a minister/pastor, any enquiries about venue etc.

Wishing you the best.

Lorelle
aussiewenchFemaleAustralia2006-04-03 23:08:00
K-1 Fiance(e) Visa Process & ProceduresI-129F

I have a two-page letter showing all the dates that we have been together. We see each other approximately every 3 to 4 months and have been together for 2 years.

Do you think my statement is sufficient and then putting my letter behind this referencing it to question 18? :help:

Yep, you did good :thumbs: now relax :)
aussiewenchFemaleAustralia2006-04-04 00:40:00
K-1 Fiance(e) Visa Process & ProceduresWould this be good primary evidence?
Use Question 18 to your advantage. Describe in some detail of the circumstances of having met which in turn establishes the relationship........ that you lived and worked in the same place, that you are pregnant with his baby, family get togethers where you were both present etc etc.....then use evidence to support that statement. Letters from family as Motu suggested would at least support the family get togethers and may be of benefit as would a letter from the doctor. Use the boarding passes etc that you do have but explain in the statement how he picked you up etc. Present the evidence that you do have in a strong, positive way. Every case is different and everyone will have different evidence at their disposal to show that. One can use anything they think may assist in creating that complete picture to an adjudicator. Its not always about the individual pieces of evidence, as even what may not stand along or something deemed insignificant on its own, when put in with other evidence completes the picture.

Good luck
aussiewenchFemaleAustralia2006-04-04 11:05:00
K-1 Fiance(e) Visa Process & Proceduresquestion 18 on I-129F
Imagine that you are telling a family member or a freind the details and circumstances of how you met. How would you do that? Include dates and names of places etc.

From another post....

Documentary evidence is submitted in support of answers on the I-129F. Whilst some have only put simple one line answer to Q.18 and its been accepted, another may not. Use the question to describe in your own words how you met....at least in some detail. The evidence one then submits supports this statement. Remember you are trying to create a picture in the minds eye of an adjudicator that doesn't know you or your fiance from a bar of soap. Give him something to read by way of some detail whilst using the evidence you submitted to support what you are describing. Create the whole picture. A little more detail in ones statement perhaps is all that an adjudictor may require to complete that picture. Use the question to your advantage.

There has been RFE's of late for this exact thing. The RFE's stated

CIRCUMSTANCE OF MEETING: Submit further info regarding the circumstances under which the petitioner and beneficiary met to establish the relationship.

Circumstance of Meeting: Submit information regarding the circumstances under which you and the beneficiary met to establish the relationship (elaborate on statements).

All the best to you

Lorelle
aussiewenchFemaleAustralia2006-04-04 10:46:00
K-1 Fiance(e) Visa Process & ProceduresFBI Namecheck
Security checks are done at all levels during this process.....Service Center, NVC, Consulate, then again at USCIS when you adjust status. Petitions undergo initial checks at USCIS service center stage using NCIC (FBI), IBIS and NIIS databases, with the option, if necessary, to do additional database checks. The petitioner and beneficiary both undergo the name checks. Even if one is using a lawyer, the lawyer's name can undergo the same checks. Anyone connected to the petition.
aussiewenchFemaleAustralia2006-04-04 17:05:00
K-1 Fiance(e) Visa Process & Procedureshelp, i'm a newbie

thank you all for those responses! I'm reading other threads at the same time and trying to absorb it all...

what is the best way to contact the higher-ups for an answer to the albanian v. italian question? do emails or phone calls get answered? the consulates abroad or an office here?

If you look on the I-129F it say's 'country of residence' .......not country of birth or citizenship.
aussiewenchFemaleAustralia2006-04-04 12:40:00
K-1 Fiance(e) Visa Process & Procedureshelp, i'm a newbie
Your fiance can go through the country of residence. If he has residency in Italy then he can go through there. You would list Italy on the I-129F as the consulate your fiance would be going through. Have you also had a look at the DCF process. You can find information on it in the Guides section at the top of the page. There are various circumstances on who can file this way, depending on the country.

As for the language spoken at interview. To my knowledge this can be conducted in either English or the language of the country that one is going through. Some consulates require the partner to be present, some do not....many wont even allow it.

All the best to you and welcome aboard the visa journey.

Lorelle
aussiewenchFemaleAustralia2006-04-04 12:12:00
K-1 Fiance(e) Visa Process & ProceduresI want to marry a US citizen



By the sounds of this you would just apply for AOS since you didn't enter the usa with the intent of getting married.

It's perfectly legal and accepted to enter the US with the intent of getting married. It is intention to immigrate that can cause problems and is illegal.



Ok I said the same thing here as englishsammy "you could just get married and just adjust status, you came to the US with no intent to marry (student, work visas etc) so I don't see why you would have any problems." so why is what i posted getting centred out like i said something that wasn't right? how was I not right? he didn't originally get a visa with the intent to go there and marry someone. he met someone afterwards and as such could adjust staus with no problems. If he knew before getting a non spousal visa to the usa that he was going to marry a usc, but didn't go with that type of visa, is that not misrepresentation and considered illegal? your seriously confusing me. i feel as if i was misquoted, cause what you said didn't appy to the situation i was talking about. I'm really sorry if I'm completely out to lunch here. I'm not trying to be a b*tch.

"it's legal to to enter the us with intent on getting married" as in: you go there, get married, and than file for the appropriate visa based on that afterwards. not as in you go there with intent, get married, than file for straight aos while your still there. right? :huh:

All's cool :) not centering you out at all........englishsammy's post was after mine and I would of posted the same to that. It is not even misrepresentation to enter the US on a visitors visa or VWP with the intent to get married. Many of us have done that and returned home for the petitions to be filed and apply for a visa. It would only be misrepresentation and illegal if one was found to of had intent to immigrate if one applied to adjust status. So the last part of your post is correct. It just confuses members though when they read "with the intent of getting married" Not trying to be picky at all and I apologise if it came across that way.

Lorelle

Edited by aussiewench, 04 April 2006 - 07:43 PM.

aussiewenchFemaleAustralia2006-04-04 19:41:00
K-1 Fiance(e) Visa Process & ProceduresI want to marry a US citizen

By the sounds of this you would just apply for AOS since you didn't enter the usa with the intent of getting married.

It's perfectly legal and accepted to enter the US with the intent of getting married. It is intention to immigrate that can cause problems and is illegal.
aussiewenchFemaleAustralia2006-04-04 17:59:00
K-1 Fiance(e) Visa Process & ProceduresI want to marry a US citizen



It sounds like you want to marry a green card. I doubt you'll find many people here who are too sympathetic to your goal.


If your just looking for a way to stay in the USA than I would have to agree with rclouse.


Went back and read the OP's post again...I kinda agree with this too. No mention of a fiancée or anything. :whistle:

Gosh, we could at least give the OP a chance before jumping to conclusions :huh:

JackJack,
Have a read of the guides HERE
aussiewenchFemaleAustralia2006-04-03 17:49:00
K-1 Fiance(e) Visa Process & Procedures3 Yrs Tax Info- Below guideline for 1 year.. Matters??

Hi everyone.. I dug this thread up from a while back. It states that many consulates do look at all 3 years to determine whether a co-sponsor will work. But the website that meauxna had me visit had an imigration lawyer stating that its not really a problem if one year is below as long as more evidence is provided. DId you guys provide such evidence, letter from employer, pay stubs, etc? I really wish there was more clarification on this subject.

I would be going by the link you were provided in that other thread. :yes: There is no connection with the tax returns and the poverty guideline one has to meet. Pay slips and letter of employment is evidence submitted to show that one meets the poverty guidelines.

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

aussiewenchFemaleAustralia2006-04-05 12:02:00
K-1 Fiance(e) Visa Process & Procedures3 Yrs Tax Info- Below guideline for 1 year.. Matters??

Ummmm......

ALL 3 years of my tax returns had to show ABOVE poverty level.... I dont know if they were just trying to pick on me or what, but at our filing of our AOS and at the actual interview, we were rejected the first time, and told we had an extended date to come up with a Co-Sponsor or my husband had to leave the country due to deportation proceedings that would be started against him.

BE PREPARED..... I dont know why in the world your LAWYER would tell you such a thing?

Bandita

Bandita,

Are you referring to the I-134 at interview stage or the I-864 at adjustment of status....two different kettles of fish.




Just to note....Only the most recent tax return is now needed with the I-864 for adjustment of status.

There seems to be some confusion in this thread with the I-134 and I-864, and, the consulate interview and references to interview for adjusment of status.

The I-134 in most cases is used when an applicant is applying for a K visa to assist the Conof in determining if the applicant will or wont become a public charge. The I-134 is only one thing that a Conof will look at in determining such. Each consulate is different and each Conof conducting the interview will make an assessment based on the individual applicants circumstances. So whilst the requirements for the I-134 are for one years tax returns and 100% of the poverty guidelines there is occasion when 3 years can be needed and meeting the 125% of the poverty guidelines also needed. K visas whilst non-immigrant visas are processed in many ways as an immigrant visa.

The I-864 is used for immigrant visas and at Adjustment of Status.


Info re the I-134 http://www.visajourney.com/forums/index.php?showtopic=305
aussiewenchFemaleAustralia2006-03-21 01:01:00
K-1 Fiance(e) Visa Process & ProceduresIs this a problem?

Don't they do the background checks and things on the beneficiary and not the petitioner?

Security checks are done on both the beneficiary and the petitioner. They can also do them on an attorney if one is using one. Anyone connected with the petition.

Edited by aussiewench, 05 April 2006 - 11:55 AM.

aussiewenchFemaleAustralia2006-04-05 11:55:00
K-1 Fiance(e) Visa Process & ProceduresJust getting started.

I´ll use his thread for a question. Someone said they got an RFE ´cus the alien fiancee didn´t supply a translated birth certificate, or a birth certificate at all! I didn´t read anywhere that such was necessary. So, is it?
And in case they´re asking for that now, will my passport do?

Whilst a birth certificate and or copy of passport is not required to be submitted by the beneficiary with the I-129F, an adjudicator can request either or both by sending an RFE to the petitioner. Just the same as an adjudicator can request original documents that were submitted with the petition as photocopies. Its totally up to them. However those cases are few that I have seen on this board.
aussiewenchFemaleAustralia2006-04-05 07:40:00
K-1 Fiance(e) Visa Process & ProceduresJust getting started.

I do not see where it mentions to include a birth certificate of my foreign fiancee. It just says I must send a copy of my birth certificate front and back or alternative paperwork to prove my citezenship.

Correct. Some do submit the foreign fiance birthday certificate though even though it is not a requirement so I mentioned it just in case.

Rule of thumb.....anything submitted to USCIS not in english must be submitted with a translation. Anything submitted to Consulate can be in english or the country of interviews language.
aussiewenchFemaleAustralia2006-04-05 02:15:00