ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresMarriage while on a B-2 Visa?

Isn't it a condition of a B2 that on expiration the visa holder must leave the USA for a minimum of 2 years??? regardless of marriage status you would be forced to seperate for much longer than it takes to process a K1.

You are confusing it with the J-1 where some are subject to the 2 year home residence requirement. That doesn't apply to visitor visas.
aussiewenchFemaleAustralia2006-05-06 00:12:00
K-1 Fiance(e) Visa Process & ProceduresBeneficiary Address Change
You can notify USCIS of change of address whilst the petition is at the service by calling 1800 375 5283
aussiewenchFemaleAustralia2006-05-06 08:01:00
K-1 Fiance(e) Visa Process & Proceduresfreaking out...
Chill :) Your parents can sponsor yes.
aussiewenchFemaleAustralia2006-05-06 03:26:00
K-1 Fiance(e) Visa Process & Procedureswell, it's filed!
All the best to you devilette. :thumbs:
aussiewenchFemaleAustralia2006-05-06 00:07:00
K-1 Fiance(e) Visa Process & ProceduresNewbie from Down Under

Any information on how to go about fililng our marriage there? Thanks, J.

Whilst Australia recognises the actual US marriage, as the australian citizen I had to apply for a change of name certificate at the 'Department of Births, Deaths and Marriages' in order for my new married name to be recognised officially and for me to change my name in my passport etc.

To all aussies and aussie partners, come and join us in the 'Land Downunder' thread which you can find pinned in the Regional Forums' under Asia http://www.visajourney.com/forums/index.php?showtopic=27

Edited by aussiewench, 06 May 2006 - 12:42 AM.

aussiewenchFemaleAustralia2006-05-06 00:39:00
K-1 Fiance(e) Visa Process & ProceduresCanadian marrying a US Citizen - K1?
I just wish people would read up more on this issue all the way around to better understand it. You will be surprised. If the USCIS wanted to end this practice they very well could. Do they.......no. Makes one wonder why. What you will find is that regardless of whether one is married or not.....enters the US, marries if not already, can legally apply to adjust status providing they were inspected and granted entry and are otherwise eligible. This is the fact and there is no way anyone can say differently as it is there in black and white for anyone to read. I am quite aware that I will be flamed but you cant get around what is cleary a legal way of adjusting status according to USCIS. Should someone lie at POE.....NO. The point I am trying to make is if one is inspected and granted entry they can legally adjust status. It IS NOT the US governments aim to keep married couples apart which is why they have in their policies that when one is married to a USC they are excluded from the list of ineligibilities if they are otherwise eligible (eligible = something that we all have to be regardless of which path we take or our application will be denied) and have been inspected on entry.

Time and time again myself and others have posted USCIS laws and policies regarding this issue, for what reason is beyond me when most members clearly dont want to know as they are under the false belief that it is illegal or fraudulent. Funny how even some US embassy websites state the very thing that I am referring to.....that one can adjust status......and I might add, even if they have a petition in process. But hey, obviously the USCIS and consulate information is obviously BS :blink: I'm sick of this whole issue and saddened that those that come here to seek information, clarification or a point in the right direction to read and learn things for themselves from the relevant authority websites, are instead faced with a total bias against because of members own erroneous beliefs........'my way or the highway' mentality.


11. (Q) MY LAWYER IN THE U.S. HAS TOLD ME TO APPLY FOR A TOURIST VISA, AND THEN APPLY FOR IMMIGRATION OR ADJUST MY STATUS AFTER I ARRIVE. CAN I DO THAT?

(A) Generally not. Many categories of immigrant visas involve long waiting periods before the visa can be issued. It is generally not possible to spend this period in the U.S.

If you intend to remain permanently in the U.S., attempting to enter on a nonimmigrant visa or under the visa waiver program is not advisable and could result in your involuntary return to Australia. In order to be granted admission on a nonimmigrant visa or under the visa waiver program, you must prove that you have a residence outside the U.S. to which you intend to return, at least temporarily. It is at the discretion of U.S.C.I.S. at the port of entry whether to admit a traveler in that case.

If you are granted entry you can make an application to U.S.C.I.S. for an adjustment of status. If your application is approved, U.S.C.I.S. will give you permission to remain in the U.S. whilst you conclude processing your adjustment of status application. If they reject your application, you will be required to depart the U.S. and apply for an immigrant visa at the U.S. Embassy or Consulate in your country of residence.

12. (Q) CAN I ENTER THE U.S. AND WAIT WHILE THE VISA IS BEING PROCESSED?

(A) Generally not. Many categories of immigrant visas involve long waiting periods before the visa can be issued. It is generally not possible to spend this period in the U.S.

If you intend to remain permanently in the U.S., attempting to enter on a nonimmigrant visa or under the visa waiver program is not advisable and could result in your involuntary return to Australia. In order to be granted admission on a nonimmigrant visa or under the visa waiver program, you must prove that you have a residence outside the U.S. to which you intend to return, at least temporarily. It is at the discretion of U.S.C.I.S. at the port of entry whether to admit a traveler in that case.

If you are granted entry you can make an application to U.S.C.I.S. for an adjustment of status. If your application is approved, U.S.C.I.S. will give you permission to remain in the U.S. whilst you conclude processing your adjustment of status application. If they reject your application, you will be required to depart the U.S. and apply for an immigrant visa at the U.S. Embassy or Consulate in your country of residence.

source
http://usembassy-australia.state.gov/consular/ivfaq.html

And believe it or not.....that is backed up by what any one of you will read on the USCIS website.

Yes I'm having a bad day.


Edited to add.....no Im not in violation of the TOS as I am clearly stating USCIS policy and law and information that is freely available on both their website and on some consulate sites. I in no way encourage illegal or fraudulent activity.

Edited by aussiewench, 08 May 2006 - 12:13 AM.

aussiewenchFemaleAustralia2006-05-07 23:56:00
K-1 Fiance(e) Visa Process & ProceduresI-129F Returned


Also they said that they cannot accept personal checks and that it has to be a Cashier's Check or a Money Order.


I submitted my application on 5/2 and sent in a personal check to the Vermont Center. Has anyone else sent one to Vermont and had any problems with it? Maybe tomorrow morning my bank statement will show it's been cleared...

Read Yodraks post above ;)
aussiewenchFemaleAustralia2006-05-08 02:44:00
K-1 Fiance(e) Visa Process & ProceduresOMG is this a NOA2?????
Yayyyyy congratulations :dance: Now all the best for the rest :thumbs:
aussiewenchFemaleAustralia2006-05-05 06:49:00
K-1 Fiance(e) Visa Process & ProceduresNOA2!!!!!!!
WOOHOO congrats :dance: all the best now for the rest :thumbs:
aussiewenchFemaleAustralia2006-05-05 00:00:00
K-1 Fiance(e) Visa Process & ProceduresFuzzness & KarenCee
the biggest CONGRATULATIONS :dance: :dance: YAYYYYYYYYYYYYYYYYYYYYYYYY So very happy for you guys
aussiewenchFemaleAustralia2006-05-06 01:16:00
K-1 Fiance(e) Visa Process & ProceduresFuzzness & KarenCee
All the best Joel & Karen :thumbs: we're rootin' for ya
aussiewenchFemaleAustralia2006-05-04 09:24:00
K-1 Fiance(e) Visa Process & ProceduresSydney Australia
You will do just fine :) Sydney is pretty easy peasy :yes: Just have everything in the right order for interview as per the instructions they will send you and a copy of the entire petition package plus originals of anything submitted as photocopies, as well as further evidence of your relationship. Have you gotten your police certificate yet?

The 'Land Downunder' has a lot of relevant info for sydney so make sure to join us.

Lorelle
aussiewenchFemaleAustralia2006-05-07 20:39:00
K-1 Fiance(e) Visa Process & ProceduresSydney Australia
Generally those that will be applying for K visas are only at NVC for a short pitstop. You can call the automated number (603)334-0700 and then press 5 to speak to an operator to find out anything regarding your petition. You can go to www.dhl.com to try and track your petition once it leaves NVC. There is not a whole lot that come to Sydney so you should have a fair idea on yours even though you wont know for certain.

click on track... it will turn into a dropdown box and you click track by reference

In the reference box you want to type EXPEDITE NIV SECTION

Choose your date range then click go.

Sydney is usually pretty fast in sending out packages once they have received your petition. Do a search on those in Sydney in the immigration timelines tab at the top of the page.

Also come and join us in the 'Land Downunder' thread in the Regional Forums' You will find it under Asia.

Lorelle
aussiewenchFemaleAustralia2006-05-07 19:32:00
K-1 Fiance(e) Visa Process & ProceduresI-129F Question 10 Query

Can I ask a question on this same subject? I was naturalized through my parents when I was young but only have my American passport as evidence. I can probably try to locate my parent's citizenship papers but it won't be an easy task since they are both deceased. Will they accept my American passport number as evidence? Please advise

There was a post by a member some time ago where he got an RFE requesting further documentation under similar or same circumstances, just cant remember exactly. If you can locate your parents citizenship papers and submit a photo copy of them along with photo copy of your passport with your petition that could be a good idea. It sure cant hurt.



ajk

The wording and placement is confusing on the I-129F but it is referring to a naturalization certificate number. It is much clearer on the I-130. Refer to the I-129F example form at the top of the page.
aussiewenchFemaleAustralia2006-05-07 23:11:00
K-1 Fiance(e) Visa Process & ProceduresOriginals or Copies?
asante

Not uncommon for VSC. They are currently processing petitions with receipt date of march 19
aussiewenchFemaleAustralia2006-05-08 12:50:00
K-1 Fiance(e) Visa Process & ProceduresIn a twiddle! Need help and advice.

Does anyone have any good links on reasons for deportation on a VWP? What would be the reasons that someone would get deported on a VWP? What i understand from the description of the VWP, is that you actually waive your rights to appeal deportation. Is this correct?

Correct.

The reasons are the same as any other, the difference as you say, is that there is no right to appeal. Have a search around the USCIS site.



I agree with meauxna on making an appointment with a good immigration attorney so you can lay it all out and be guided by that.......I also agree in the most part with JayJay except as in what meauxnu replied......each case is different.


A snippet of interest. This is from the US Embassy Sydney site but is relevent across the board.


If you intend to remain permanently in the U.S., attempting to enter on a nonimmigrant visa or under the visa waiver program is not advisable and could result in your involuntary return to Australia. In order to be granted admission on a nonimmigrant visa or under the visa waiver program, you must prove that you have a residence outside the U.S. to which you intend to return, at least temporarily. It is at the discretion of U.S.C.I.S. at the port of entry whether to admit a traveler in that case.

If you are granted entry you can make an application to U.S.C.I.S. for an adjustment of status. If your application is approved, U.S.C.I.S. will give you permission to remain in the U.S. whilst you conclude processing your adjustment of status application. If they reject your application, you will be required to depart the U.S. and apply for an immigrant visa at the U.S. Embassy or Consulate in your country of residence.



Also have a read here http://uscis.gov/graphics/howdoi/LPReligibility.htm

Wishing you all the best

Lorelle
aussiewenchFemaleAustralia2006-03-21 02:10:00
K-1 Fiance(e) Visa Process & ProceduresGOOD GOOBILY GOO!!!!!!!!
Wonderful news :dance: Really happy for you.......CONGRATULATIONS
aussiewenchFemaleAustralia2006-05-03 20:21:00
K-1 Fiance(e) Visa Process & ProceduresRFE ?
Thank you for clearing that up :thumbs: Can you perhaps post that in the pinned RFE thread at the top of this forum so it can help others.
aussiewenchFemaleAustralia2006-05-08 12:44:00
K-1 Fiance(e) Visa Process & ProceduresRFE ?
lol Im still lost on what you printed in ink instead of pencil that would get you an RFE for it. What was it on? ...cant be the forms as they are supposed to be in ink.
aussiewenchFemaleAustralia2006-05-08 02:15:00
K-1 Fiance(e) Visa Process & ProceduresCan someone help me with this I-134 confusion

rebeccajo,

Name one.

See 9 FAM 40.41 Notes, N6-3.b(5) and 9 FAM 41.81 Notes, N4.b

Yodrak



.... SOME consulates (the more stringent ones) want the I-864.

Yodrak,

India appears to be one. Kaydee posted such last week as his fiance was given the choice of the two. It also appears that the K-3 may be requiring it too in India, as posted in the Embassy info at the top of the page.

I agree with what the FAM says but it does appear that they (conofs/consulate) are taking liberties and requesting such.

Lorelle

Edited by aussiewench, 20 March 2006 - 10:51 AM.

aussiewenchFemaleAustralia2006-03-20 10:49:00
K-1 Fiance(e) Visa Process & ProceduresCan someone help me with this I-134 confusion
Matt,

The requirements for a co-sponsor completing the Affidavit of support is exactly the same as it is for a sponsor. The same rules apply.

When completing the form you as a sponsor complete it with your details, employment etc. The co-sponsor completes their form with their details, employment etc.

If you look at the sample form http://www.visajourney.com/examples/I-134-exp-04-30-07.pdf this should help.

The I-134 was never meant to be used for K visas even though it is used in many cases. The question asking about how the person completing the form will contribute etc is based on those applying in general for other non-immigrant visas (visiting). K visas on the other hand are treated in many ways as immigrant visas.
aussiewenchFemaleAustralia2006-03-20 08:52:00
K-1 Fiance(e) Visa Process & ProceduresDNA Testing
Let me see if I can decypher it :unsure:

You had an interview to do with the citizenship of your child??? but there was an issue with your residency in the US??? and they are requiring now a DNA test to prove paternity???

How did I do lol :unsure:
aussiewenchFemaleAustralia2006-03-21 11:48:00
K-1 Fiance(e) Visa Process & ProceduresHit the WEEEEEEED and go to your Visa interview...


One of my fiancees ?



sounds like that both of them have been on the weeeeeeeeeeeeeeeeed
:lol: :lol: :lol: :lol: :lol:
:help:

hahahaha or drinking and he's seeing double Posted Image
aussiewenchFemaleAustralia2006-03-22 18:21:00
K-1 Fiance(e) Visa Process & ProceduresThis case has been approved
:dance: Congratulations on the approval :thumbs: and all the very best for the remainder of your journey.

Lorelle
aussiewenchFemaleAustralia2006-03-22 18:52:00
K-1 Fiance(e) Visa Process & ProceduresComing for a visit
Miranda,

Its not so much that they will know anything of the K-1 process, but the fact that ANYONE entering the US, not just those in the process of applying for fiance or spousal, are looked at as intending immigrants and as such ANYONE can be denied entry unless they can show IF asked to convince otherwise. If asked he should tell the truth at all times........but not offer up extra information above what is asked.

A good example that I seen posted by clmarsh is.....

If they ask do you know what time it is........answer 'Yes"........not answer 'yes, its half past....'

Best to be prepared just in case with whatever he can muster to show that he is intending to return.
aussiewenchFemaleAustralia2006-03-22 00:46:00
K-1 Fiance(e) Visa Process & ProceduresComing for a visit
Have a read of this very good archived thread on travelling to the US.....

http://www.visajourney.com/forums2/index.php?showtopic=58200&hl;
aussiewenchFemaleAustralia2006-03-21 08:07:00
K-1 Fiance(e) Visa Process & Proceduresforms question
I would think Ministry of Defence would cover it. I would probably just add the country.
aussiewenchFemaleAustralia2006-03-23 15:33:00
K-1 Fiance(e) Visa Process & ProceduresWho the heck am I supposed to beleive???
awwwww sweetie .........I'm afraid I dont have any answers for you but wanted to give you *hugs* I hope you hear resolve of this soon.
aussiewenchFemaleAustralia2006-03-23 15:38:00
K-1 Fiance(e) Visa Process & ProceduresI-129F - Birth Certificate
Unfortunately the question isnt layed out as well as it is on the I-130 but it does refer to the naturalization certificate number and as it is all a part of question 12 you have answered the question by checking 'Birth in the US' so the remainder is left blank.


pnd629,
I have noted other members that have put the US Birth Certificate number here without it causing problems.
aussiewenchFemaleAustralia2006-03-23 15:28:00
K-1 Fiance(e) Visa Process & Proceduresquick question
Elunia28

There is no way of tracking your file online or on the NVC automated system once it has been approved at service center and then forwarded to NVC. You can call the automated number and follow the prompts to speak to a live operator to find out if your case is there or if and when it has been transferred to the consulate.
aussiewenchFemaleAustralia2006-03-24 12:23:00
K-1 Fiance(e) Visa Process & Proceduresdisappointed
damm......what a nasty thing for someone to say. Others are right though, this is the internet and you will aways get trolls in a message board situation. Their opinion means Jack Sh!t. Chin up, wipe away the tears and onward march on your visa journey to be with your love.

*hugs*

Lorelle
aussiewenchFemaleAustralia2006-03-12 01:05:00
K-1 Fiance(e) Visa Process & ProceduresG-325A who is the applicant?

When asked, you´re always the benefiary, and your fiance is the applicant. ´Cus he´s the one requiring the visa to take you to America.

Just to clarify. The USC is the petitioner and is filing a petition for an alien who is the beneficiary. The USC petitioner is not requiring the visa, but is seeking approval on the petition in order for the beneficiary to apply for a visa.

With the G-325A both the petitioner and the beneficiary are each the applicant for their respective G-325A.
aussiewenchFemaleAustralia2006-03-24 07:29:00
K-1 Fiance(e) Visa Process & ProceduresNVC
Congrats ....... you are almost there :thumbs:
aussiewenchFemaleAustralia2006-03-23 20:40:00
K-1 Fiance(e) Visa Process & ProceduresCuban Fiance obstacle to obtaining Argentine Pol Cert
From my understanding on reading this.....one must be in possession of an Argentine identity card (Cedula de Identidad) issued by the Argentine Federal Police in order to obtain a police certificate through the Argentian Embassy.

Argentina

POLICE RECORDS

Available. If a person is physically present in the country, s/he must apply personally for a Police Record. The Argentine Federal Police issue a police record entitled "Certificado de Antecedentes". This document, which may be obtained only by bearers of Argentine passports, Cedulas, or DNIs (Documento National de Identidad, indicates whether a person has any previous convictions in Argentina. When a foreigner has applied for residence in Argentina, the Federal Police will, in certain cases, issue the certificate based on a request from the Argentine immigration authorities. In some cases, however, prior convictions can be expunged after 10 years have elapsed. The application for this document must be made in person to the Federal Police in Buenos Aires, and is available to any person over 18 years old who is physically present in Argentina, regardless of status. A fee is charged. Also acceptable is the "Certificado de Buena Conducta" which is available from all of the provinces of Argentina, except the provinces of Buenos Aires, Chubut, La Pampa, Misiones and Salta. These certificates must be applied for in person from the police office having jurisdiction over the place of residence. Argentine citizens and former residents abroad can apply for a police certificate through the nearest Argentine Consular office. They must be in possession of an Argentine identity card (Cedula de Identidad) issued by the Argentine Federal Police. (Processing takes up to six months). A passport may be issued to an individual at a consular post which would not indicate that there is no warrant for arrest, or a judge may have authorized the passport issuance even though there may be an outstanding warrant.


http://travel.state....A/Argentina.htm


Wishing you all the best. I hope you find a resolution to this soon.

Lorelle
aussiewenchFemaleAustralia2006-02-22 17:31:00
K-1 Fiance(e) Visa Process & ProceduresEvidence requirements for I-134 for Manila.
Have a read of the link. You can also do a statement in the form of an affidavit which would assist in overcoming the public charge issue and show your support in a more detailed manner.http://www.visajourney.com/forums/index.php?showtopic=305

Edited by aussiewench, 25 March 2006 - 09:54 AM.

aussiewenchFemaleAustralia2006-03-25 09:53:00
K-1 Fiance(e) Visa Process & ProceduresInterview.
Yes, you need a copy of the NOA2 for the interview.
aussiewenchFemaleAustralia2006-03-25 12:02:00
K-1 Fiance(e) Visa Process & ProceduresCo Sponsor on I-134

I'm filling out I-134 now for upcoming wife's K3 interview next Wednesday and I have a co-sponsor who has already filled out his I-134. I'm using Nolo Press book "Fiance and Marriage Visas" that has line by line instructions for forms. For this question book says: "Enter N/A (Not Applicable). This is only for visitors who are truely temporary, such as tourists." Seemed a little strange to me, but I'm hoping it's correct because that's what both I-134s will say.

Can any wise person share some wisdom on this?

The I-134 is used primarily for non-immigrant visas such as visitors etc that are temporary....K visa's on the other hand whilst they are non-immigrant visas, are processed in many ways as an immigrant visa. The I-134 is not a requirement for K visas but it is however in many cases used by consulates to help in assertaining whether or not an applicant will or wont become a public charge.

Have a look at the example I-134 form here in VJ http://www.visajourney.com/examples/I-134-exp-04-30-07.pdf

Edited by aussiewench, 25 March 2006 - 03:27 PM.

aussiewenchFemaleAustralia2006-03-25 15:04:00
K-1 Fiance(e) Visa Process & ProceduresCo Sponsor on I-134
From most posts I have read.....no you dont have to. The I-134 is used for many visa types and contributions with other visas can be required. With K visa's it appears not.
aussiewenchFemaleAustralia2006-03-22 15:42:00
K-1 Fiance(e) Visa Process & Proceduresg-325a question please
I would go with having her send them to you as you need original signatures. Fedex usually only takes couple of days if you dont wish to wait on the mail.
aussiewenchFemaleAustralia2006-03-25 18:47:00
K-1 Fiance(e) Visa Process & Proceduresg-325a question please
You must use all 4. If you look at the bottom of each they are slightly different even though the body of them is the same.

Edited by aussiewench, 25 March 2006 - 06:36 PM.

aussiewenchFemaleAustralia2006-03-25 18:36:00