ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresPHOTO's RFE


woodgc

Each case is different and each adjudicator can and will perceive evidence submitted differently. Unfortunately country of origin of a beneficiary can also figure into this as well and an adjudicator may require more clarification of the evidence that has been submitted. Is that fair....no....does it happen.....it appears so. Its all up to the adjudicator. Many submit photos to support primary evidence with dates either only written on the back or on a sheet beneath a photo copy of a photo etc without receiving an RFE. Evidence is about the whole picture. eg. without a year on the airline stubs that evidence is useless as it could of been at any time. Photos submitted without clear indication (a recognisable landmark eg) can also be deemed not acceptable depending on other evidence that is submitted. What will be accepted for one may not be accepted for another depending on the whole picture in the minds eye of the adjudicator. It does seem on the evidence that you have submitted that perhaps not even the passport stamp was accepted as proof because the supporting evidence failed to show that you actually met in person within the required 2 year period. I realise you did submit Motel receipt in English itemized with both your names on it, but perhaps that was misplaced....either that or they just didnt accept it as sufficient supporting evidence because of the other evidence submitted. Evidence must be looked at as a whole, not individually.....How it all fits together to support each other.

Digital prints with date stamps to my knowledge is not a requirement as shown time and time again by other members who do dot receive RFE's. You could call the service center and speak to another operator and get an entirely different answer. That is why it is often referred to as the misinformation line.

I would resubmit what you have already submitted, but I would also gather further evidence. This could also include affidavits from family, friends etc. When you mentioned airline stubs, was this boarding or ticket stubs? How detailed was your declaration in answer to question 18 of the I-129F?

I am sorry that you received an RFE and I wish you all the best on resolving this.

Constructive advice as always!

I'm a little concerned with the evidence we've produced.
All my photos were digital photos which, when printed at the shops did not have dates printed at the back.
Nevertheless, I'm more concerned with the fact that airline stubs do not have dates on them. We have submitted the itineraries which obviously will have dates of departure/arrival, I wonder how how effective this secondery evidence will be? :unsure:
Along with that my fiance also photocopied his entire passport, this will identify his last visit to the UK.

What's most stressful for everyone is the difficulty in being able to make ocntact and/or ask for advice directly from USCIS.

There is no real difinitive answer as to what proof as a whole one should submit....hence why USCIS cannot offer those answers. When you look at it all logically it is not up to USCIS to have a defined list of requirements that one must submit to prove having met, just as it is not up to USCIS or the consulate to have a defined list of what one must show to prove a bonafide marriage/relationship. We know we are genuine cases, but there are many who do try and circumvent the system to gain a green card and they are not about to assist in that. One must submit the evidence one has to prove a case. As I said.....each case is different. What I have always advocated is sending only what is required. Many have argued on the sending of more with initial filing of a petition, to show evidence of the relationship and that it has its benefits especially for those petitioning for a partner in high fraud countries. Whilst I agree partially with that argument, IMO it can also have its downside at USCIS level. Give an adjudicator more then is required to adjudicate the petition, and one is opening the door for an adjudicator to find fault with a petition, to question.....culminating in an RFE.....even when what has been submitted to show the meeting requirements perhaps on its own would of sufficed and an approval otherwise granted.

There is little you can do but wait and see how the evidence you have submitted is viewed. An RFE is not necessarily a bad thing as at best it strengthens a petition and approvals in general come very quick after submitting the extra evidence requested. I have noted the very very few outright denials of a petition since joining VJ so dont stress it. Relax, breath and wait :)

Edited by aussiewench, 30 April 2006 - 09:08 AM.

aussiewenchFemaleAustralia2006-04-30 09:06:00
K-1 Fiance(e) Visa Process & ProceduresPHOTO's RFE
woodgc

Each case is different and each adjudicator can and will perceive evidence submitted differently. Unfortunately country of origin of a beneficiary can also figure into this as well and an adjudicator may require more clarification of the evidence that has been submitted. Is that fair....no....does it happen.....it appears so. Its all up to the adjudicator. Many submit photos to support primary evidence with dates either only written on the back or on a sheet beneath a photo copy of a photo etc without receiving an RFE. Evidence is about the whole picture. eg. without a year on the airline stubs that evidence is useless as it could of been at any time. Photos submitted without clear indication (a recognisable landmark eg) can also be deemed not acceptable depending on other evidence that is submitted. What will be accepted for one may not be accepted for another depending on the whole picture in the minds eye of the adjudicator. It does seem on the evidence that you have submitted that perhaps not even the passport stamp was accepted as proof because the supporting evidence failed to show that you actually met in person within the required 2 year period. I realise you did submit Motel receipt in English itemized with both your names on it, but perhaps that was misplaced....either that or they just didnt accept it as sufficient supporting evidence because of the other evidence submitted. Evidence must be looked at as a whole, not individually.....How it all fits together to support each other.

Digital prints with date stamps to my knowledge is not a requirement as shown time and time again by other members who do dot receive RFE's. You could call the service center and speak to another operator and get an entirely different answer. That is why it is often referred to as the misinformation line.

I would resubmit what you have already submitted, but I would also gather further evidence. This could also include affidavits from family, friends etc. When you mentioned airline stubs, was this boarding or ticket stubs? How detailed was your declaration in answer to question 18 of the I-129F?

I am sorry that you received an RFE and I wish you all the best on resolving this.
aussiewenchFemaleAustralia2006-04-30 02:47:00
K-1 Fiance(e) Visa Process & ProceduresNew here
laurenskar

Laurel Scott has an online chat every wednesday at 11am. She deals with waivers etc. She also has some good reading on her site. www.visacentral.net She is an attorney specializing in the I-601 Waiver of Ground of Excludability. which includes for those that have been unlawfully present in the United States for more than 180 days and are now outside the US.

Others on this board speak highly of her, so might be worth a go.......at least have a chat with her.

All the best.
aussiewenchFemaleAustralia2007-03-27 18:29:00
K-1 Fiance(e) Visa Process & ProceduresHmm



I captured picture for visa. As it is needed - 5x5 cm.
Now I read rules about photos. Thats there has to be able to see my ears.
There cant see my ears in this picture. Can it be problem?

Which rules said that ears had to be seen? Neither my passport styled photo for the initial petition was such nor was my passport photos for my visa that I submitted. The service centers seem also to be less strict in their requirements, hence passport-style photos. From reading posts many have had variances and been accepted at petition filing stage including size of photos (my husbands was smaller). Visa stage at consulates will be stricter and require a passport photo (not passport-style), but still.....the instructions do not state anything specific about ears and I agree in that some of the photo samples indeed have the ears covered. http://travel.state.gov/pdf/Photo%20Guide%2010-01-04.pdf


What about glasses in the pic? Yes or no? I heard so and so....thanks in advance

Instructions state (from the above link)

Eyeglasses should be worn if normally used by the subject

This is why I wish there was ONE set of regulations for passport style or passport pictures. One person is told this, one person is told that. We were told no glasses and ears showing (where we had the passport pictures made), hence the statement "what we were told".

Im not denying what may be required for the actual visa application, as the passport photos are required for the visa which should comply with US regulations. Obviously from the mixed bag of responses, various consulates have somewhat of a different interpretation of the official guidelines from DOS. As I said though, the requirements for the petition are not as strict at USCIS stage. One is not going to have passport-style photos refused eg as in the examples meauxna gave when submitted at petition stage as they are not applying for a visa at this stage.......and there has been plenty of anecdotal evidence of such.
aussiewenchFemaleAustralia2006-09-10 16:21:00
K-1 Fiance(e) Visa Process & ProceduresHmm

I captured picture for visa. As it is needed - 5x5 cm.
Now I read rules about photos. Thats there has to be able to see my ears.
There cant see my ears in this picture. Can it be problem?

Which rules said that ears had to be seen? Neither my passport styled photo for the initial petition was such nor was my passport photos for my visa that I submitted. The service centers seem also to be less strict in their requirements, hence passport-style photos. From reading posts many have had variances and been accepted at petition filing stage including size of photos (my husbands was smaller). Visa stage at consulates will be stricter and require a passport photo (not passport-style), but still.....the instructions do not state anything specific about ears and I agree in that some of the photo samples indeed have the ears covered. http://travel.state.gov/pdf/Photo%20Guide%2010-01-04.pdf


What about glasses in the pic? Yes or no? I heard so and so....thanks in advance

Instructions state (from the above link)

Eyeglasses should be worn if normally used by the subject

Edited by aussiewench, 10 September 2006 - 01:02 PM.

aussiewenchFemaleAustralia2006-09-10 13:01:00
K-1 Fiance(e) Visa Process & ProceduresIMPORTANT ADDRESS QUESTION
See at the top of the page .... where it says downloads ... click on that and then click on the link for k1 forms .... I also had to track down a DSL-1076 but I dont think everyone gets that form .... right next to downloads is another link thats says example forms ... look at those to because they give examples of how to fill out the forms ....

I dont think all embassys are sending out the Pk 3, the directions in my letter said to download them myself and providing links where each form could be downloaded ... the letter also included further directions about getting the physical and police check it provided links to info regarding those also ...


The person who is getting the visa issued to them fills out pack 3 forms ... but they will need the I-134 Affidavit of support before they can submitt it...

Edited by AnnexoxShay, 10 February 2009 - 11:59 PM.

AnnexoxShayFemaleAustralia2009-02-10 23:56:00
K-1 Fiance(e) Visa Process & ProceduresIMPORTANT ADDRESS QUESTION
QUOTE (AnnexoxShay @ Feb 9 2009, 02:58 PM) <{POST_SNAPBACK}>
.... it will also tell them its time for you to arrange your medical, police check ... at this point your fiance will also need the affidavid of support from you and all relivent papers like income tax etc...


Im sorry, Im new to this forum and Im unsure how to edit my post to correct a typo ... I meant to say ....

it will also tell them its time for them to arrange their medical and police check...



Also - When you have everything ... youll need to mail in the stuff the letter says they need with the Statement of Readiness ... then Wait again for Interview date and time and list of next lot of instructions ...

All the best with everything! Things start to really move alone now and the stress is unbelievable .... I am constantly feeling ill because Im yoyoing between happiness and anxiety that I have everything needed and that I filled everything right ...
AnnexoxShayFemaleAustralia2009-02-09 00:16:00
K-1 Fiance(e) Visa Process & ProceduresIMPORTANT ADDRESS QUESTION
Sorry, I cant tell you how to change the address .. Someone else with a bit more experience in this stuff will let you know Im sure ...

But after you get your NOA2 your fiance will get his pk3 in the mail ... it took me 3 weeks to get it after Shay got the NOA2 notification ....

I had to download all the papers ... but if your embassy is still sending the pack and dont require you to download it will contain several papers for your fiance to fill in .... it will also tell them its time for you to arrange your medical, police check ... at this point your fiance will also need the affidavid of support from you and all relivent papers like income tax etc...

All in all the letter I recieved says I need

DS-156 Nomimmigrant visa Application
DS-156k Nonimmigrant Fiance Visa Application
DS-230 Part 1 Application for Immigrant Visa and Alien Registration
DSL-1076 Application Statement for Rediness to be interviewed
Form l-134 Affidavid of support

Get your Police check
Get your Medical

AnnexoxShayFemaleAustralia2009-02-08 23:58:00
K-1 Fiance(e) Visa Process & ProceduresCurrent K1 filers-How soon will you get married / Previous filers-what would you do differently?
Shay and I are planning to get married within 2-3 weeks after my arrival ... depending what the requirements are in his state to get the marriage licence ... His checking this week, poor things been busy running around getting all the stuff he needs for the affidavit of support ... but we know he definately needs a blood test... We're planning a small informal church wedding with just family and friends and then doing something on our first anniversary ...
AnnexoxShayFemaleAustralia2009-02-09 00:35:00
K-1 Fiance(e) Visa Process & ProceduresJust started the whole process...looking for advice
Congratulations!! My advise is to read up on everything and understand what is required and have it all ready to send off as its required by the embassy ... this site is the best! Shay and I followed the flow chart and its been fantastic .... look at the links on the top ... the Downloads link has all the forms ... Example forms has samples of the forms filled out so you can see how to answer the questions ...

And stay calm ... it can get very stressful and costly and you need to stay supportive of each other thru it .... and dont jump the gun, sometimes things sound worse then they really are ... thats the biggest problem Ive had soo far assuming something, getting all upset only to find out it wasnt as bad as I/we thought ...

Good luck, and all the best!
AnnexoxShayFemaleAustralia2009-02-12 17:10:00
K-1 Fiance(e) Visa Process & Proceduresha they found my case
OMGosh! Im sorry you've had soo many problems .. Thank goodness everythings back on track! and that your mum is sooo brilliant ... Never mess with da Mamma! heart.gif
AnnexoxShayFemaleAustralia2009-02-12 18:01:00
K-1 Fiance(e) Visa Process & Proceduressetting up the interview
I honestly dont know .. each embassy is slightly different .... The Sydney Embassy mails your appointment date, but I have seen others post that they set up an appointment time...

Your best bet is to ring them up and speak to them and explain your situation .. Id hate to tell you something that is incorrect ...

Good luck with everything.
AnnexoxShayFemaleAustralia2009-02-18 23:57:00
K-1 Fiance(e) Visa Process & Proceduressetting up the interview
Wow, is an understatement!

biggrin.gif Congrates on the soon to arrive bubs! and I hope you have an easy delivery...

Ummm I had a look on my letter from the embassy and it says

Please note that you must be interviewed and have your visa issued within the four-month validity of your petition

So when does the petition start when you put in your I-129? or when you recieve NVC notification? ... Id say NVC since you cant control how long it takes them to get the NOA1 and 2 thru...

Unless your having health problems with the pregnancy and are unable to get around .. there is no reason you cant continue to put your pack 3 together and have your medical ... Usually they issue an interview time within a month of receiving the pack 3 .. so if you submitt the Pack 3 end of the first or second week of March you should have already had the bubs before the interview date is issued ... that way you should only be off schedule a couple weeks ...

Im really interested in the advise you get on your situation from more knowledgable VJ members ... Good luck with everything ... I hope everything goes smoothly for you guys...


Edited by AnnexoxShay, 17 February 2009 - 11:12 PM.

AnnexoxShayFemaleAustralia2009-02-17 23:10:00
K-1 Fiance(e) Visa Process & Proceduresme an dmy fiance has not met yet in person because he cant visit me for a very reasonable reason,however he wants to get me and my children to US.Wh
QUOTE (Sinergy @ Feb 19 2009, 04:18 PM) <{POST_SNAPBACK}>
been alot of those threads lately huh whistling.gif



Ah ha ... and no doubt there be a lot more .... must be something in the air hey.
AnnexoxShayFemaleAustralia2009-02-19 17:11:00
K-1 Fiance(e) Visa Process & Proceduresme an dmy fiance has not met yet in person because he cant visit me for a very reasonable reason,however he wants to get me and my children to US.Wh
QUOTE (charles! @ Feb 19 2009, 01:58 PM) <{POST_SNAPBACK}>
QUOTE (AnnexoxShay @ Feb 18 2009, 09:12 PM) <{POST_SNAPBACK}>
Ummm you cant seriously be contemplating moving to another country, marrying a man you never met with kids in tow ....

How do you know he will be a good father figure for your kids? or that he wont beat them up or send them packing of to a boarding school ... or worse.

Its risky enough doing it on your own let alone with innocent children... what about their father? I cant imagine he would sign paperwork to allow you to do this blindly, I certainly wouldn't....





Im think Im gonna pick the door with the pretty picture of the Green Card ....

AnnexoxShayFemaleAustralia2009-02-18 23:29:00
K-1 Fiance(e) Visa Process & Proceduresme an dmy fiance has not met yet in person because he cant visit me for a very reasonable reason,however he wants to get me and my children to US.Wh
Ummm you cant seriously be contemplating moving to another country, marrying a man you never met with kids in tow ....

How do you know he will be a good father figure for your kids? or that he wont beat them up or send them packing of to a boarding school ... or worse.

Its risky enough doing it on your own let alone with innocent children... what about their father? I cant imagine he would sign paperwork to allow you to do this blindly, I certainly wouldn't....


AnnexoxShayFemaleAustralia2009-02-18 22:12:00
K-1 Fiance(e) Visa Process & ProceduresProof of an ongoing relationship
QUOTE (apeters @ Feb 22 2009, 08:44 AM) <{POST_SNAPBACK}>
well...how do you preserve the whole convo?? it seems that you can only print that little part of the combo that u did the print screen for, right???


Ohh I dont think they care about what you talked about and dont need to see the entire conversation... but the logs will show a time, date and by selecting several to print it will show that your contact has been consistant...

AnnexoxShayFemaleAustralia2009-02-21 17:54:00
K-1 Fiance(e) Visa Process & ProceduresEngagement Question
Like everyone said .. Its not necessary to have an engagement party, or a ring ... we didnt ... You would have both done a an intent to marry letter when you put in your I-129f and you will be required to do another one with your pack 3 ... However you can use the receipt for the ring and engagement pics as evidence ...
AnnexoxShayFemaleAustralia2009-02-24 18:06:00
K-1 Fiance(e) Visa Process & ProceduresChange of Name Before Marriage
I had a lot of problems related to name ....

My parents were greek immigrants (I was born in Australia) and I didnt like my Greek name soo for years since I was in high school Ive been using Anne as a shortened alternative ... I also was using my Ex Husbands name 8 years of our marriage and another 8+ years since our divorce ...

I dont know how it will affect your K1 but I know it took me weeks to clear up the mess and not to mention the cost ... If you go ahead with the name change you will need to change ID with

Passport
photo ID
Utility bills
Loans
Lease
bank accounts
birth certificate + other offical documents
car registration
insurances

Not that you cant do it easily enough but youll need to do it immediately for when you start AOS if you havent your going to have problems because your Wife will need to be included in a lot of the above to prove a bona fide relationship along with other evidence like photos etc ...

If you go ahead and do this make sure you find out what you need to do to change the name on the official documents ... after I started I soon realised I would have been better off to do a change of name, to the name Id been using and change my birth cert instead of going back to my birth name ... it would have ended up cheaper and less time consuming ..

Edited by AnnexoxShay, 24 February 2009 - 06:25 PM.

AnnexoxShayFemaleAustralia2009-02-24 18:22:00
K-1 Fiance(e) Visa Process & ProceduresEvidence of an Ongoing Relationship ....
OK... got my pack 3 ready, just need to photocopy parts before mailing tomorrow...

While looking for things I needed I started gathering all my evidence ... I found several cards in my search from other people sent to Shay and I both .... and wanted to know what you guys thought, should I take them to my interview with me? ....

* One was a handmade card with a a lovely note from a mutual online friend.. shes very romantic and she had sent some $ a gift for us to go out to a nice dinner this is stated in the card ...

* Another was a card Addressed to Shay for me from a Canadian online friend .... It has Canadian Stamps and post mark and he brought it down to Oz with him when he came to visit ...

* I also have a lovely birthday card from Shays mother... She lives with him atm and will continue to live with us after we are married til we decide what we are all doing...

* ... and a copy of Shays grandmothers obituary along with the poem and card that was given to everyone at the funeral ... he also sent the same to my mother and other people unable to attend ...

I also have a couple cards he has given me that have no stamps or post marks because they arrived in a package is it ok to include those even though they werent individually mailed .... I have a dozen or more with Stamps and post marks so Im not concerned.

Thank You ... input is greatly appreciated...
AnnexoxShayFemaleAustralia2009-02-25 16:19:00
K-1 Fiance(e) Visa Process & ProceduresEvidence of an Ongoing Relationship ....
QUOTE (almaty @ Feb 13 2009, 02:22 AM) <{POST_SNAPBACK}>
no problemo..you are from austrailia..they take your word on it...j/k

seriously, you have enough



laughing.gif .... If only it was that easy!


QUOTE (anitacastillo @ Feb 13 2009, 01:42 AM) <{POST_SNAPBACK}>
I think the consulate likes photos. Good Luck!!


If they like pics ... Ill give them pics ... we have 100's ... bubs is trigger happy, I spent forever deleting pics of flowers and trees .. he even took a pic of a cockroach because he never seen one that looked like that! You reckon theyll appreciate the ones of us on the sofa pulling fish faces... now theyre frightening!

AnnexoxShayFemaleAustralia2009-02-12 16:07:00
K-1 Fiance(e) Visa Process & ProceduresEvidence of an Ongoing Relationship ....
Thanks sooo much for answering my question .... I didnt think it be an issue since we have 4 years of phone records, cards (inc envelopes) and heaps of photos but the nerves are really starting to kick in now ...
AnnexoxShayFemaleAustralia2009-02-11 21:01:00
K-1 Fiance(e) Visa Process & ProceduresEvidence of an Ongoing Relationship ....
Hi guys smile.gif

I was wondering if you can help me with a concern... I met my fiance Shay online back in early December '04 ... He came to visit me in mid February '07 ... so we have a lot of pics from his 5.5week visit with both of us together and just as many with him and my family and friends ...

Our main form of communication is telephone .. We speak to each other daily for a min of 1.5 - 2 hours on a workday and 3 - 4 hours on days off ... because we spend so much time on the phone we never bothered writing letters or emails since there wasnt a point, we'd just be repeating ourselves ....

I do have birthday, christmas and valentines day cards (some Ive received from his mum also) ... and off cause we have our phone records, pages and pages with dates times and call duration listed ...

Is the fact our primary evidence is the phone bills and the fact we dont have any letters or emails going to cause us a problem?????

Im currently putting together my pack 3 and should be ready to mail about 1.5 weeks - 2 weeks max ... I just need to have my medical (next week) and get the Affidavit of support (which was mailed today)

Thank You! smile.gif
AnnexoxShayFemaleAustralia2009-02-11 17:23:00
K-1 Fiance(e) Visa Process & ProceduresK-1 and drivers license
I have a question ... If you've just relocated to an area how do you establish residency in that area ....

Ive had a look at the Oregon DMV and it says the following

-Do I remain in Oregon for a consecutive period of six months or more each year?
-Have I enrolled my children in an Oregon public school without payment of nonresident tuition fees?
-Do I pay Oregon resident tuition fees at an educational institution maintained by public funds?
-Have I made a declaration to be a resident of Oregon for the purpose of obtaining, at resident rates, a state license (other than an Oregon Driver License)?
-Is Oregon listed as my home of record in my military records?
-Do I pay resident income taxes to the state of Oregon?


I dont see the rest of the requirements being difficult but Im not sure how you would prove you intend to remain and be a resident in OR .... I dont have kids to enrol in a school, it be a while before I get work and start paying tax ...

My fiance been a resident for 6 years and has worked and paid tax the entire time ... He has spoken to his landlord and the landlord is happy to adjust the rental agreement to both names (for AOS) ... would having a residential address and lease agreement be enough or is there something else I would need to do?

Here is the page I was looking at http://www.oregon.go...residency.shtml


AnnexoxShayFemaleAustralia2009-02-24 22:29:00
K-1 Fiance(e) Visa Process & ProceduresNA02 Sent, I got laid off:((((
Hey smile.gif .... Like everyone else all I can say is get a job asap ....

Shay changed jobs as we got our NOA2 .... his from a small town in Grant County OR and a lot of businesses shut down or go to min staff during the winter months ... being the highest paid staff member (his a chef) his boss was going to cut his hours down to 20hours a week so he basically only worked busy nights .... Mean time another restaurant fired there cook and were looking for a new cook/chef ... Shay had previously worked with one of the waitresses as her manager so she recommended him .... he went to the interview and was guaranteed 40hours + higher income then the current job he was employed in ...

We debated for a couple weeks whether he should take the job and in the end it was too good an opportunity to pass up .... Soo he accepted the job ....

What he did however was get a letter from past employer saying how long he had been employed (2.5years) and the reasons he left (offered higher paying job and wereas as they had reduced hours) and that he was always welcomed back ... The letter from the current employer stated rate of pay, postition (chef/manager) also that he was a valued employee and was welcome to remain on staff for as long as he wanted ... something along those lines ...

We just hope to god that with the letters from both employers and the fact he went from one job into another and the fact he is well above poverty line will be enough for the Embassy to accept ...
AnnexoxShayFemaleAustralia2009-02-23 18:14:00
K-1 Fiance(e) Visa Process & Proceduresquestions reguarding my newborn baby birth certificate
Get your fiance to contact the appropriate department and see how long she has to register the birth ... You may have enough time before your next visit ... I know we have a little time in Oz cant say what the deal is in other countries .. I had a quick google but I couldnt find anything but your fiance would have a better idea who to contact ...
AnnexoxShayFemaleAustralia2009-02-24 23:05:00
K-1 Fiance(e) Visa Process & Proceduresgetting married in foreign country?
Hi, if you read the faq's and guidelines at the top of the page, you will get a lot of information to help with the choices you have. I may be misinterpreting, but if you intend to apply for a k1 then your "fiancee" needs to be single on entry to the USA. If you have married by then the K1 visa will no longer be applicable. The dates will become important when your SO applies for AOS, so it is important to read all the information before you make any decisions.

Hope it helps

QUOTE (whiteew23 @ Dec 15 2008, 08:22 PM) <{POST_SNAPBACK}>
I had a question regarding getting married in a foreign country....I want to marry my fiancee in her native country but I know that it will take much longer to go there (we planned for it in april) then wait for a k-3 application to be approved after the event. Wouldn't it be easier to just send out our k-1 package now and then just get married in april quietly while awaiting the approval for that one and then let her come on that visa? Or am I wrong? Maybe there is something or some downside that I am not seeing here....Please any thoughts about this.


ChocolotFemaleAustralia2008-12-15 21:16:00
K-1 Fiance(e) Visa Process & ProceduresInterview preparation
Hi Shane, although it was a while ago, I went to an "interview" at Sydney, the pictures were not even an issue. the interview is at an open window much like seeing a bank teller. The questions were not that probing just basic where did we meet, when did we see each other last and they asked my son (16) what he thought about going to the US, Not quite what I had imagined and nothing like a job interview. I think in the aussie thread you will find some more recent experiences. hope it eases your mind a little





QUOTE (shanewarner @ Jan 5 2009, 03:31 AM) <{POST_SNAPBACK}>
Hi All,

We're currently waiting for my fiance to get her papers in the mail from consulate and are in the process of putting together documentation for proof of ongoing relationship.

Originally with the petition we were only able to submit about 6 photos of us together due to losing a digital camera, which we explained the documentation.

We've only got about another additional 10 photos of us together from my trip to see her again about 2 months ago. Is this going to look bad at the interview, only having around 15 photos together?

I've seen many others talk about how they brought 50-100 photos to the interview. Consulate is Australia btw, so im not sure if thats due to stricter screening at certain consulates?

Thanks,
Shane

ChocolotFemaleAustralia2009-01-05 12:06:00
K-1 Fiance(e) Visa Process & ProceduresRelationship Problems due to Language
On our case most people would assume our language skills are very similar, me having learnt only English as my first (and embarassingly only) language in an overseas country and my USC who speaks what he thinks is English. This isn't so, we have daily interactions where more explanation is necessary due to the many slang and colloquialisms that Aussies use. I often have to explain why I have used a specific word, and my USC is well educated not "thick"  at all. 

We often have a lot of fun with our respective arguments about each others "correctness". 

As for being teachers and patient, perhaps the experience of standing in anothers shoes will really allow you to see it from a different perspective. Often in my travels I have noticed friends who have learnt English as a second language often seem more precise.

Once you are together, facial and other gestures will add to your repertoire of understanding one another, so it wont be as difficult as others have mentioned before me.




ChocolotFemaleAustralia2008-12-24 19:30:00
K-1 Fiance(e) Visa Process & ProceduresChanging my name
How about an **Engagement** celebration, or pre-marriage celebration, its simply the official part of the wedding that is a no-no

Its all about not doing anything to confuse your status of Fiancee/fiance, because a married person is unable to use a K1 visa


QUOTE (mingus_drake @ Feb 17 2009, 06:39 PM) <{POST_SNAPBACK}>
thanks for the responses. hard to know what to do about the "wedding" here in australia... but i've already bought the dress and made a bunch of preparations. maybe we should have a reception and no ceremony, i don't know.


ChocolotFemaleAustralia2009-02-18 10:42:00
K-1 Fiance(e) Visa Process & ProceduresHelp with beginning application
QUOTE (rakkaus @ Aug 21 2007, 02:58 PM) <{POST_SNAPBACK}>
QUOTE (brynah @ Aug 21 2007, 11:28 AM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ Aug 21 2007, 11:25 AM) <{POST_SNAPBACK}>
QUOTE (brynah @ Aug 21 2007, 07:54 AM) <{POST_SNAPBACK}>
Hi there everyone - I am new to this forum and I have a quick question.

My fiance and I are currently in America. I am Australian, he is the US citizen. We have spent the last four years since we met travelling to various countries so we could be together. We have just spent a year living in London, where I could work but he couldn't, just to be together. We are now in America for two months before travelling to Australia to live for seven months (the longest he can stay). After that, we plan to come back to America to get married.

My question is this: we would like to try and stay together the entire way through the process, as we have already spent far too much time apart in the past. If he files while we are here, once that goes through, can we both travel to Australia as planned and complete the rest of the process there together? How long will it take for him to file here? We are leaving at the end of October, so at what point would it be best to file?

Also, once we are in Australia, if it all goes through, am I right in thinking we have six months to leave Australia and get to America and THEN a further 90 days to get married?

Finally, we have both had fairly up-and-down employment histories the past few years, due to all our travelling and the fact that I can't work in America and he can't work in England, etc. If our parents are willing to co-sponsor us, will this be a problem if we have no pay slips, etc?

Any help would be appreciated! Thanks


Normally I would advise your fiance to file the I-129F petition at least two months before you leave for Australia, if possible. This will allow him to respond to any potential requests for additional evidence. Since that's all the time you have, file the petition ASAP. You'll probably be using his parent's address in the US anyway, so any RFE could be forwarded and dealt with. You aren't really in such a hurry it will make a lot of difference. Parent joint sponsors are common.

You have the timing correct. After the visa issue date, you have six months to enter the US using the visa. Then you must marry within 90 days of entry.



Thanks for your help. What is RFE? Do you think this means we can stay together the entire time?

One more question, if you don't mind.. as a lot of my family cannot travel to America for a wedding, we were hoping to have a wedding in Australia before we leave for America. I understand that you can't be married when you apply for this visa. If we still intend to go through with the wedding in the US, does this matter? It would simply be a ceremony for those who can't make it to the US.


QUOTE (fwaguy @ Aug 21 2007, 11:32 AM) <{POST_SNAPBACK}>
QUOTE (rebeccajo @ Aug 21 2007, 10:28 AM) <{POST_SNAPBACK}>
DCF?


Except they indicate in the plan is to get married in the US after this long journey... not before or during....


I was under the impression DCF was no longer available?


DCF is back, with certain restrictions. He has to have lived in Australia for (I believe) 6 months. Problem is that it's not approved as quickly as it once was, thanks to the Adam Walsh background checks.

You can't be married to apply for a K-1, that's correct -- but if you want to marry in Australia and come to America, you can use the K-3 instead. So if he's to be there for seven months and you want to get married there, why not get married when he gets to Australia and then submit a K-3 application from there? Seven months should be at least the lion's share of the wait.

RFE is Request For Evidence. It's what you get if USCIS wants to see something you didn't include with your application. Fear of RFE's results in USCIS receiving some rather outlandishly detailed applications blink.gif

Hope this helps!




Hi there

This has been really helpful to us. It sounds like DCF would be perfect for us as it would enable us to get married in Australia and then continue with our plans to go to the US. I assume, once in the US, we could have another ceremony if we liked?

Do you know what the chances are of DCF being cut again? We probably wouldn't get married until April or May, so I don't want to wait that long if it's not going to be around any longer?
brynahFemaleAustralia2007-08-27 13:28:00
K-1 Fiance(e) Visa Process & ProceduresHelp with beginning application
QUOTE (pushbrk @ Aug 21 2007, 11:25 AM) <{POST_SNAPBACK}>
QUOTE (brynah @ Aug 21 2007, 07:54 AM) <{POST_SNAPBACK}>
Hi there everyone - I am new to this forum and I have a quick question.

My fiance and I are currently in America. I am Australian, he is the US citizen. We have spent the last four years since we met travelling to various countries so we could be together. We have just spent a year living in London, where I could work but he couldn't, just to be together. We are now in America for two months before travelling to Australia to live for seven months (the longest he can stay). After that, we plan to come back to America to get married.

My question is this: we would like to try and stay together the entire way through the process, as we have already spent far too much time apart in the past. If he files while we are here, once that goes through, can we both travel to Australia as planned and complete the rest of the process there together? How long will it take for him to file here? We are leaving at the end of October, so at what point would it be best to file?

Also, once we are in Australia, if it all goes through, am I right in thinking we have six months to leave Australia and get to America and THEN a further 90 days to get married?

Finally, we have both had fairly up-and-down employment histories the past few years, due to all our travelling and the fact that I can't work in America and he can't work in England, etc. If our parents are willing to co-sponsor us, will this be a problem if we have no pay slips, etc?

Any help would be appreciated! Thanks


Normally I would advise your fiance to file the I-129F petition at least two months before you leave for Australia, if possible. This will allow him to respond to any potential requests for additional evidence. Since that's all the time you have, file the petition ASAP. You'll probably be using his parent's address in the US anyway, so any RFE could be forwarded and dealt with. You aren't really in such a hurry it will make a lot of difference. Parent joint sponsors are common.

You have the timing correct. After the visa issue date, you have six months to enter the US using the visa. Then you must marry within 90 days of entry.



Thanks for your help. What is RFE? Do you think this means we can stay together the entire time?

One more question, if you don't mind.. as a lot of my family cannot travel to America for a wedding, we were hoping to have a wedding in Australia before we leave for America. I understand that you can't be married when you apply for this visa. If we still intend to go through with the wedding in the US, does this matter? It would simply be a ceremony for those who can't make it to the US.


QUOTE (fwaguy @ Aug 21 2007, 11:32 AM) <{POST_SNAPBACK}>
QUOTE (rebeccajo @ Aug 21 2007, 10:28 AM) <{POST_SNAPBACK}>
DCF?


Except they indicate in the plan is to get married in the US after this long journey... not before or during....


I was under the impression DCF was no longer available?
brynahFemaleAustralia2007-08-21 11:28:00
K-1 Fiance(e) Visa Process & ProceduresHelp with beginning application
Hi there everyone - I am new to this forum and I have a quick question.

My fiance and I are currently in America. I am Australian, he is the US citizen. We have spent the last four years since we met travelling to various countries so we could be together. We have just spent a year living in London, where I could work but he couldn't, just to be together. We are now in America for two months before travelling to Australia to live for seven months (the longest he can stay). After that, we plan to come back to America to get married.

My question is this: we would like to try and stay together the entire way through the process, as we have already spent far too much time apart in the past. If he files while we are here, once that goes through, can we both travel to Australia as planned and complete the rest of the process there together? How long will it take for him to file here? We are leaving at the end of October, so at what point would it be best to file?

Also, once we are in Australia, if it all goes through, am I right in thinking we have six months to leave Australia and get to America and THEN a further 90 days to get married?

Finally, we have both had fairly up-and-down employment histories the past few years, due to all our travelling and the fact that I can't work in America and he can't work in England, etc. If our parents are willing to co-sponsor us, will this be a problem if we have no pay slips, etc?

Any help would be appreciated! Thanks
brynahFemaleAustralia2007-08-21 09:54:00
K-1 Fiance(e) Visa Process & ProceduresK1 Processing times - help!
QUOTE (Kath @ Sep 14 2007, 12:05 PM) <{POST_SNAPBACK}>
hi there

when you have your interview at sydney you need the original copy of the NOA2 with you...also orginal affidavit of support with accompanying documents..eg. bank statements, employer letter and tax transcripts..

i dont see any prob with the u.s. citz being in oz while waiting for an interview...from what i have read in the aussie thread sydney are scheduling interviews at the moment for december 07 and january 08....

you could get someone to post your NOA2 over to you in oz... and if your having a co sponsor they will need to send you all documents for your interview...

your quite welcome to come into the aussie thread there is heaps of info in about the different visa journey's aussies are going through...

good luck whichever visa you decide on...
take care
kath
ps if you were in london for more than a year .. the australian has to get a police certficiate from london as well as australia....forgot to mention that part to you...



Thanks a lot for your help. Just to clarify (want to get everything straight in my head), as long as it all comes to his mothers address, she can just forward it on, if we head off to Australia? I just want to make sure he doesn't HAVE to be in the country, as long as we can still get everything forwarded to us. We still have six weeks so hopefully it'll be close enough by then that they won't send any RFE's. Sorry if I sound stupid!

Also, about the London thing, the first time I lived there was from May 2005 to March 2006 and the second time was from September 2006 to August 2007. Therefore, since I never made it a full year, will I need one still?

Thanks again..
brynahFemaleAustralia2007-09-14 11:31:00
K-1 Fiance(e) Visa Process & ProceduresK1 Processing times - help!
Hi there everyone

I am wondering if someone can help me. My fiance and I have been exploring different visa options that are available to us and I am wondering if someone can help me.

We are currently in America, until 24 October. Recently, we have been living in London together, where I was working (I am Australian). He was unable to work there but he was there to be with me. This is the sort of thing we have been doing for the past 4 years since we met to try to stay together. On 24 October, we are flying to Australia. He is entering Australia on "Special Visa 416" which is for Americans between 18-30. He will be allowed to work for 4 months, then extend his stay for 3 months as a tourist. Because of this, we are ineligible for DCF (I wrote to the consulate and asked and they said he would have to be present (e.g. a permanent resident, with a proper working visa) for minimum 6 months.

Because of this, we have fairly limited options. We REALLY don't want to be apart so I am hesitant to do the K3/CR1 option, though will if it becomes necessary. Our other two options are K1 or Greencard Lottery (I was picked for DV-2008 but my list number is fairly high and therefore, it seems, the chances of actually getting one seem slim, unfortunately).

If we were to file for the K1 NOW (as in, ASAP), how long does he have to stay here for? Until NOA1 or NOA2? If he received NOA1, can he leave for Australia with me in October as planned? Or does he have to stay for NOA2?

Once he leaves (at either the NOA1 point or the NOA2 point), is he able to stay in Australia with me to wait out the remaining options, as planned?

Thanks for any help you can give.
brynahFemaleAustralia2007-09-13 18:41:00
K-1 Fiance(e) Visa Process & ProceduresHelp filling out our I-129F!
QUOTE (vanessaandbrent @ Sep 18 2007, 01:58 PM) <{POST_SNAPBACK}>
QUOTE (brynah @ Sep 18 2007, 09:08 AM) <{POST_SNAPBACK}>
I have one further question, if anyone can also help with that. What should I put in the block for the I-129F, Part B, Question 18 - I am typing up a supplement.. should I put "Please see supplement" or "Please see attached supplement" or leave it blank or what!?


We just put "see attached", and titled the following page "I-129F Part B, Question 18 Supplement"


Thanks! Did you slip the supplement in directly behind that page, or at the back of the entire form?
brynahFemaleAustralia2007-09-18 13:09:00
K-1 Fiance(e) Visa Process & ProceduresHelp filling out our I-129F!
I have one further question, if anyone can also help with that. What should I put in the block for the I-129F, Part B, Question 18 - I am typing up a supplement.. should I put "Please see supplement" or "Please see attached supplement" or leave it blank or what!?
brynahFemaleAustralia2007-09-18 10:08:00
K-1 Fiance(e) Visa Process & ProceduresHelp filling out our I-129F!
Hi there.

I am currently filling out my I-129F form and was wondering if anyone can help with the following questions:

1. I have two middle names - should I just put my first middle name or try and fit them both?

2. What is an "A#"?

3. I am currently staying with my fiance in the US but we are moving back to Australia at the end of October. I don't have a current residence in Australia so I am planning on using my parent's address in Canberra on the forms. Once I get to Australia, we will probably move to Melbourne. Will I need to officially change this address or can I continue to use my parent's address, since they can forward me all mail?

4. How do I know which consulate to write in Australia? Does everyone go through Sydney? Should I put Canberra? Melbourne?

5. Finally, do I make sure to put an answer of SOME SORT for every question, or is it okay to leave them blank?

Thanks for any help you can give! We'll move on to the G325A soon..!
brynahFemaleAustralia2007-09-17 20:47:00
K-1 Fiance(e) Visa Process & ProceduresIs this enough proof of our relationship?
QUOTE (pushbrk @ Sep 19 2007, 01:35 PM) <{POST_SNAPBACK}>
QUOTE (brynah @ Sep 19 2007, 10:28 AM) <{POST_SNAPBACK}>
Hi there everyone..

I am just in the process of putting together the final parts of our I-129F application.. do you think the following is enough proof of our having met in the past AND our continuing relationship:

1. Copies of our train passes from recent travels in Europe.
2. Copies of flight passes for a flight we took in 2006 from Bangkok to Tokyo
3. Copies of flight passes for a flight we took in 2007 from Rome to Barcelona
4. Copies of visas in our passport to Cambodia & Vietnam
5. Copies of photos (2 photos from 2003, 2 from 2005, 2 from 2006 and 2 from this year) - my fiances hair changes throughout which is good proof!
6. Copies of emails between us (1 from each of 2003, 2004, 2005, 2006 and 2007)
7. Copies of three cards between us - 1 from me to him, 2 from him to me - with different dates
8. Copy of a letter from me to him with a date stamp on the envelope

CONTINUING RELATIONSHIP
1. Copies of a flight itinerary for a flight we are taking in October to Australia

This is all I could muster together.. do you think it's enough?


Yes and no, but you are evidently at the petition stage, not the application stage. The USC files an I-129F petition, which when approved will allow the fiance(e) to "apply" for a visa. When filing the petition, you must prove you met in person during the last two years. Proof on ongoing relationship is provided, when asked for, at the visa interview.

I say yes and no because you'll want evidence dated after the petition filing to cover the "ongoing" part of your relationship between the time you file the petition and the interview.



So, for proof of having met in the past two years, is the above enough?

In terms of ongoing proof, we are travelling to Australia together in October.. between now and the time of the interview, we will no doubt be signing a joint lease on a place in Australia, which will help. There will be more photos of us in Australia. Is this the sort of stuff that counts?
brynahFemaleAustralia2007-09-19 12:53:00
K-1 Fiance(e) Visa Process & ProceduresIs this enough proof of our relationship?
Hi there everyone..

I am just in the process of putting together the final parts of our I-129F application.. do you think the following is enough proof of our having met in the past AND our continuing relationship:

1. Copies of our train passes from recent travels in Europe.
2. Copies of flight passes for a flight we took in 2006 from Bangkok to Tokyo
3. Copies of flight passes for a flight we took in 2007 from Rome to Barcelona
4. Copies of visas in our passport to Cambodia & Vietnam
5. Copies of photos (2 photos from 2003, 2 from 2005, 2 from 2006 and 2 from this year) - my fiances hair changes throughout which is good proof!
6. Copies of emails between us (1 from each of 2003, 2004, 2005, 2006 and 2007)
7. Copies of three cards between us - 1 from me to him, 2 from him to me - with different dates
8. Copy of a letter from me to him with a date stamp on the envelope

CONTINUING RELATIONSHIP
1. Copies of a flight itinerary for a flight we are taking in October to Australia

This is all I could muster together.. do you think it's enough?
brynahFemaleAustralia2007-09-19 12:28:00