ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresPlease TRIPLE Check all info on Petitions!!!!!!!!!!!!!!!!!
I'm glad you guys got this sorted out :thumbs: All the best to you.

Edited by aussiewench, 17 November 2006 - 04:21 PM.

aussiewenchFemaleAustralia2006-11-17 14:48:00
K-1 Fiance(e) Visa Process & ProceduresLooking for the person who put a quote from the USCIS site
I couldn't find anything related to the I-134 as far as links go in any of your previous posts when I did a search. Below is a link to a thread that does contain links where the I-134 is confirmed as not being legally binding, if that is what you are after.

http://www.visajourney.com/forums/index.php?showtopic=38299&hl
aussiewenchFemaleAustralia2006-11-17 16:15:00
K-1 Fiance(e) Visa Process & ProceduresReceived NOA 2 Hardcopy

NVC automated voicemail does not have option for those who has case number start with MSCXXXXXXXXXXX. Any advice will be highly appriciated.

Those that have filed I-129F and will be applying for a K visa, need to follow the prompts to speak directly with an operator.
aussiewenchFemaleAustralia2006-11-20 17:05:00
K-1 Fiance(e) Visa Process & ProceduresReceived NOA 2 Hardcopy
mi_illusion_st

Have a read of the descriptions under the various forum titles. e.g. Questions relating to NVC should be posted in the NVC forum. Questions relating the interview and or consulate process including those on the I-134, medical, police, certificate etc, should be posted in the Foreign Embassy Forum.

Congrats on the NOA2 :thumbs:
aussiewenchFemaleAustralia2006-11-20 16:30:00
K-1 Fiance(e) Visa Process & Proceduresphotos "3/4 frontal view"??



He has been banned from the laugh factory I think until he apologises to the black community.


Nope :no:

Richards performed the next night at the Laugh Factory without incident.


the term "full frontal view" still makes me giggle :blush: :lol:

lol me too. I usually hesitate as I'm writing it and giggle. Still wondering if anyone has ever taken it literally :P
aussiewenchFemaleAustralia2006-11-20 22:28:00
K-1 Fiance(e) Visa Process & Proceduresphotos "3/4 frontal view"??
JimZim

The mention of 3/4 in the I-129F instructions is an error left over from an old form. Photos need to be full frontal.
aussiewenchFemaleAustralia2006-11-20 19:31:00
K-1 Fiance(e) Visa Process & Procedureshas anyone done the K2 for younger kids
I wish

This has been answered before. Aussiewench had her first born when she was 4 years old. She is around 33 years old at this point (in 2006).




I too left my children behind but they were 19, 21, 27 & 29. If they had been your childrens ages, there is no way I could of done it. I would of expected my fiance to move to me and if not, regardless of how much I loved my now husband, I would of abandoned the relationship. I miss my grandchildren enough as it is :(

Good luck to you.

Lorelle



Reading through this thread, I almost fell off my chair when I read the ages of your children! You don't look old enough to have a 19 year old, let alone a 29 year old! All I can say is "whatever you're on, I need to get me some!" lol


aussiewenchFemaleAustralia2006-11-21 14:17:00
K-1 Fiance(e) Visa Process & Procedureshas anyone done the K2 for younger kids
I too left my children behind but they were 19, 21, 27 & 29. If they had been your childrens ages, there is no way I could of done it. I would of expected my fiance to move to me and if not, regardless of how much I loved my now husband, I would of abandoned the relationship. I miss my grandchildren enough as it is :(

Good luck to you.

Lorelle

Edited by aussiewench, 19 November 2006 - 01:29 PM.

aussiewenchFemaleAustralia2006-11-19 13:28:00
K-1 Fiance(e) Visa Process & Proceduresjust want to ask my KI visa
cherryred_04

Have you got approval on the I-129F yet at the service center? Your lawyer would of been sent the NOA2, that being the case. After approval it then takes a few weeks to reach the NVC.
aussiewenchFemaleAustralia2006-11-25 00:02:00
K-1 Fiance(e) Visa Process & ProceduresSome silly questions about the I-129F
Tip:
Use Q18 to describe in some detail of how you met in the required 2 year period that established the relationship. The evidence you then submit should support those details. Boarding passes, passport stamps, hotel/credit card receipts, rental receipts if ever lived together etc etc are primary evidence. Photos are secondary which support the primary evidence. What one should be aiming for is creating an image in the minds eye of the adjudicator......a complete picture. Look outside the box for evidence that shows you both in the same place at the same time. Each case is different and one should submit evidence accordingly, not just rely on the standard unofficial list.

Whilst evidence of an ongoing relationship is not a requirement at the initial filing stage, it can be beneficial to those from high fraud countries (eg the philipines) to do so, or if there is anything that could be a red flag that may cause issues at interview stage. This evidence should always be very carefully scrutinised especially emails & chat, to make sure there is nothing mentioned that may be construed in a different way then it is meant. Also make sure that any photo evidence submitted of any ceremony cannot be mistaken for a marriage ceremony which has in the past caused issues and denials.
aussiewenchFemaleAustralia2006-11-26 01:20:00
K-1 Fiance(e) Visa Process & ProceduresMore 129F questions

- My home address and mailing address are different. Do we put my home address on p. 1 of 129-F and my mailing address on p. 2, the other way around, or...??

The address block on the forms is the data field captured for all of our mailings. Consistent with the limitations on the number of characters per line (a maximum of 32) and the total numbers of lines (4) in that field, whatever is in the block will become the mailing address used by the system. The data in these fields is entered exactly as indicated on the forms. Please include internal routing symbols in the address block, especially for large organizations. It is better to abbreviate the name of the organization and have space for the routing codes than to fully spell out the name and have notices sit in the organization's mailroom
Source

- What type of birth certificate does my fiance (the USC) need to include? A regular (short) form, the long form, or a certified birth certificate?

Long form. Many have received RFE's for submitting short form.

- For #18 ("Describe the circumstances under which you met"), I've written a timeline showing how we became friends online after getting to know each other through our work, when that friendship became more than a friendship, and our two meetings in person (the second time for two months). I think it's relevant because our first meeting in person was related to our work. But is a whole page too much information? Or are more details good?

Tip:
Use Q18 to describe in some detail of how you met in the required 2 year period that established the relationship. The evidence you then submit should support those details. Boarding passes, passport stamps, hotel/credit card receipts, rental receipts if ever lived together etc etc are primary evidence. Photos are secondary which support the primary evidence. What one should be aiming for is creating an image in the minds eye of the adjudicator......a complete picture. Look outside the box for evidence that shows you both in the same place at the same time. Each case is different and one should submit evidence accordingly, not just rely on the standard unofficial list.

Whilst evidence of an ongoing relationship is not a requirement at the initial filing stage, it can be beneficial to those from high fraud countries (eg the philipines) to do so, or if there is anything that could be a red flag that may cause issues at interview stage. This evidence should always be very carefully scrutinised especially emails & chat, to make sure there is nothing mentioned that may be construed in a different way then it is meant. Also make sure that any photo evidence submitted of any ceremony cannot be mistaken for a marriage ceremony which has in the past caused issues and denials.

- Are letters from people who know us and saw us together in person helpful? We could ask someone we work with to write about us on business letterhead. Also a friend we had lunch with and my fiance's adult son (no letterhead paper for them). They all saw how connected the two of us feel. But I don't want to give the government more than they want.

Not necessary unless you are really coming up short on other evidence such as boarding passes, passport stamps, photos etc.

We have evidence of being together in person twice this past year. Unfortunately, I didn't realize at the time that boarding passes were the evidence to keep, and I have boarding passes for only one way for each trip. But with receipts and other documentation, I can still prove that we were at the same place at the same time on 2 occasions. I'm trying to figure out how much more to include.

See above.
aussiewenchFemaleAustralia2006-11-26 01:43:00
K-1 Fiance(e) Visa Process & ProceduresBest Type of Visa



Coming to the U.S. with a tourist visa with the intention of marrying a US citizen, is visa fraud. If a person comes to the U.S. with a tourist visa, then meets and marries a U.S. citizen without any prior intent, that is a different matter.

It is not illegal, nor visa fraud to come to the US to marry on a tourist visa. The issue is only the immigrant intent.

You are wrong!
A firm named Siskind Susser Bland in Memphis, Tennessee, has the
following information on their website. Their specialty is U.S. immigration law.
The specific page on which the information is found: http://www.visalaw.c...2/17aug200.html

"J.M. has questions about marriage to a US citizen. Her question seems to indicate that a US
consular official told her that she could come to the US on a tourist visa and get married and
then file for adjustment of status. While this is possible, it could be very dangerous. A tourist
visa is a nonimmigrant visa, which means that the person entering the US on it does not intend
to remain past their authorized stay. Coming to the US on a tourist visa with the intent to marry
a US citizen and remain here clearly violates this rule and would be considered visa fraud. The
safer way to proceed with marriage in this case would be to have the US fiancé file an
application for a fiancée visa and have the foreign national enter on that. The marriage must
occur within 90 days after entering, and then the US spouse can file the papers for the foreign
spouse’s classification as an immediate relative and for their adjustment of status."

Not wrong at all. If you read my post I said it is not illegal to enter the US on a tourist visa etc to get married. I then said and have always said, the issue is when there is intent to immigrate. What you posted was concerning entering the US on a tourist visa, marrying and adjusting status. As I said, the issue is the intent to immigrate when one enters on a tourist visa or VWP. FACT. Getting married in the US is NOT ILLEGAL nor visa fraud.

Edited by aussiewench, 26 November 2006 - 12:38 AM.

aussiewenchFemaleAustralia2006-11-26 00:33:00
K-1 Fiance(e) Visa Process & ProceduresBest Type of Visa

Thanks for all the info.
1) There is not intent to commit fraud. I was merely asking how to get my girl friend to the US to pursue the relationship. I can honestly say at this time I don't have intent to marry her as I have never met her face to face. I was hoping to get her here first as she needs to know if she is willing to live very far from her family forever.
2) I found a plane ticket to the Philippines to be around $1200. Which I can afford, but there is Hotel, meals and the dates. In addition, I would have to take about 2 weeks off work which may be difficult to do. I can do this but it seems it would be easier to have her here first.

It looks like I will have to go there first and then file the I 129f. I am no longer confused.

Thanks to all who provide this invaluable information.

Keep in mind to retain boarding passes, etc. Anthing that pertains to your trip that you will be able to submit as evidence of having met. Also photos together.

All the best to you.
aussiewenchFemaleAustralia2006-11-25 17:34:00
K-1 Fiance(e) Visa Process & ProceduresBest Type of Visa



Coming to the U.S. with a tourist visa with the intention of marrying a US citizen, is visa fraud. If a person comes to the U.S. with a tourist visa, then meets and marries a U.S. citizen without any prior intent, that is a different matter.

It is not illegal, nor visa fraud to come to the US to marry on a tourist visa. The issue is only the immigrant intent.


LOL, how many times have you responded with that statement? I'm with you! :D

lol I have it pre-recorded ;)
aussiewenchFemaleAustralia2006-11-25 00:03:00
K-1 Fiance(e) Visa Process & ProceduresBest Type of Visa

Coming to the U.S. with a tourist visa with the intention of marrying a US citizen, is visa fraud. If a person comes to the U.S. with a tourist visa, then meets and marries a U.S. citizen without any prior intent, that is a different matter.

It is not illegal, nor visa fraud to come to the US to marry on a tourist visa. The issue is only the immigrant intent.

Edited by aussiewench, 24 November 2006 - 11:53 PM.

aussiewenchFemaleAustralia2006-11-24 23:52:00
K-1 Fiance(e) Visa Process & Proceduresjust a little different...
Hi and welcome to VJ. I think you will benefit greatly by reading the guides at the top of the page. Start here with Understanding Your Visa Options

Edited by aussiewench, 26 November 2006 - 02:45 AM.

aussiewenchFemaleAustralia2006-11-26 02:45:00
K-1 Fiance(e) Visa Process & ProceduresIncome question

I am wanting to start the K-1 process for my girlfriend but have a question. I have Muscular Dystrophy and am on Social Security Disabilty not ssi but perment disabilty. i am not broke and have plenty of money in the bank but will this stop me from being able to be approved. Thanks

Short answer, no :)

If the income you receive and/or assets meet the poverty guidelines, you will be fine.

Edited by aussiewench, 26 November 2006 - 01:57 AM.

aussiewenchFemaleAustralia2006-11-26 01:55:00
K-1 Fiance(e) Visa Process & ProceduresI'm confused


Panthr

As YuAndDan stated, background/security checks are done at all stages. At USCIS this can include checks not only on the beneficiary, but also the petitioner and anyone connected to the case including a lawyer. At NVC and consulate stage (these stages are intertwined), the focus is on the beneficiary. How long it takes is dependant on any name hits, information contained in the application form, country of the beneficiary including any political unrest etc etc. There was a post (now gone) in the immigration news forum, that those from China were being targeted for closer scrutiny. The post was from a guy that was once an NVC officer that supposedly had inside information. This was a little while back and may not apply now.


Hmmm, I always had YOU pegged as a government agent. :ph34r:

hahahaha nah, that would be hubby (retired). I wanted to be an investigator. You know, do the Mr & Mrs Smith thing only he reckons he'd get shot worrying about me. Spoil sport he is :yes:
aussiewenchFemaleAustralia2006-11-27 17:30:00
K-1 Fiance(e) Visa Process & ProceduresI'm confused
Panthr

As YuAndDan stated, background/security checks are done at all stages. At USCIS this can include checks not only on the beneficiary, but also the petitioner and anyone connected to the case including a lawyer. At NVC and consulate stage (these stages are intertwined), the focus is on the beneficiary. How long it takes is dependant on any name hits, information contained in the application form, country of the beneficiary including any political unrest etc etc. There was a post (now gone) in the immigration news forum, that those from China were being targeted for closer scrutiny. The post was from a guy that was once an NVC officer that supposedly had inside information. This was a little while back and may not apply now.
aussiewenchFemaleAustralia2006-11-27 17:12:00
K-1 Fiance(e) Visa Process & ProceduresReally need some help with the I-129F form
Tamzyn

If you are presently in the US, you must answer it to state so. Many have filed in this situation with no repercussions.

See example I-129F Q12

It also asks you for.....
Date authorized stay expired, or will expire as shown on I-94 or I-95
aussiewenchFemaleAustralia2006-11-27 22:34:00
K-1 Fiance(e) Visa Process & Proceduresto file K1 this December
The form you download from USCIS will be current. Even when they do introduce new forms and fees there is grace periods.

All the best on your journey.
aussiewenchFemaleAustralia2006-11-29 04:48:00
K-1 Fiance(e) Visa Process & ProceduresHas anyone else received this?

I don't think they have been given any guidelines regarding waivers

http://www.uscis.gov/graphics/lawsregs/handbook/IMBRA072106.pdf
aussiewenchFemaleAustralia2006-09-29 14:04:00
K-1 Fiance(e) Visa Process & ProceduresHas anyone else received this?

Well we've been saying it's odd that the K-3s have not been affected thus far by IMBRA when the law was originally implemented to cover them as well....

....first blush?

They have been affected just not in the entirity that the IMBRA itself appears to of intended. The stupid part about the situation with the OP is they never even filed a K spousal petition (I-129F) prior to this current petition. The OP had filed an immigrant petition (I-130) which is not even mentioned in the IMBRA nor on the I-129F instructions as being included in the laws governing 'multiple petitions' with the need to file a waiver. A K-3 may require the filing of the I-130 prior to the filing of the I-129F, but the I-130 is not apart of the K-3 non-immigrant visa, it is used for adjustment of status once entered on the K-3. But you know that already :P
aussiewenchFemaleAustralia2006-09-29 13:02:00
K-1 Fiance(e) Visa Process & ProceduresHas anyone else received this?
Hmmmmmm interesting. According to the instructions on the I-129F the filing limitations only apply to previous K-1 petitions filed. According to the IMBRA iteself it applies to K nonimmigrant petitions whether fiance or spouse. I think someone may have their wires crossed to be also applying it to prior immigrant visa petition.

From the I-129F instructions....

Filing Limitations on K Nonimmigrant Petitioners.

If you have filed two or more K-1 visa petitions at any time
in the past or previously had a K-1 visa petition approved
within two years prior to the filing of this petition, you
must apply for a waiver. To request a waiver you must
submit a written request with this petition accompanied by
documentation of your claim to the waiver.

From the IMBRA........

‘‘(4)(A) The Secretary of Homeland Security shall create a database
for the purpose of tracking multiple visa petitions filed for
fiance´(e)s and spouses under clauses (i) and (ii) of section
101(a)(15)(K). Upon approval of a second visa petition under section
101(a)(15)(K) for a fiance´(e) or spouse filed by the same United
States citizen petitioner, the petitioner shall be notified by the
Secretary that information concerning the petitioner has been
entered into the multiple visa petition tracking database. All subsequent
fiance´(e) or spouse nonimmigrant visa petitions filed by that
petitioner under such section shall be entered in the database.
‘‘( B )(i) Once a petitioner has had two fiance´(e) or spousal petitions
approved under clause (i) or (ii) of section 101(a)(15)(K), if
a subsequent petition is filed under such section less than 10
years after the date the first visa petition was filed under such
section, the Secretary of Homeland Security shall notify both the
petitioner and beneficiary of any such subsequent petition about
the number of previously approved fiance´(e) or spousal petitions
listed in the database.

101(a)(15)(K). refers to both the K-1 and K-3.....It does not include the CR-1 spouse visa.

As with Mo, I would suggest first to try and find an explaination as to why this has been applied in your case. If not successful in having it overturned I would just comply and submit the waiver with documentation. Would also bring it again to their attention that it only applies to prior K-1 petitions according the I-129F instructions.

All the best to you.

Lorelle

Edited by aussiewench, 28 September 2006 - 08:38 PM.

aussiewenchFemaleAustralia2006-09-28 20:30:00
K-1 Fiance(e) Visa Process & ProceduresConfused and Need Help!!!
Do you still need a K-1 visa? Not as you are already in the US legally and going to school. You can apply to adjust status through marriage to your USC fiance.


Eligibility Information: Who May Apply to Become a Lawful Permanent Resident While in the United States?

How Do I Become a Lawful Permanent Resident While In The United States?

Petitioning Procedures: Bringing a Spouse (Husband or Wife) to Live in the United States

Edited by aussiewench, 29 November 2006 - 10:18 PM.

aussiewenchFemaleAustralia2006-11-29 22:13:00
K-1 Fiance(e) Visa Process & Proceduresnon-binding religious wedding allowed?


Risky Matt an Bill. Will it be worth the denial just on a principal. At the consulate the conofs are in charge and it is up to them. You can't dictate what they should or shouldn't do. I wish you both the best as I'm sure the ones that have gotten denials in the past or turned back at POE for this very reason would do same.



i just honestly dont see how it could be a problem, as long as i do what i swore and affirmed to do, which is "marry my fiancee within 90 days of her entrance into the USA using the K1 visa"... A marriage is a legal contract. And as long as a contract isnt prepared, witnessed, and signed, then its not a wedding. Granted We wont be running off to the airport in a tux and bridal dress. :lol:

;) good plan :thumbs: lol

Just be careful that you don't give them anything that can be construed as a legal marriage.
aussiewenchFemaleAustralia2006-11-29 06:56:00
K-1 Fiance(e) Visa Process & Proceduresnon-binding religious wedding allowed?
Risky Matt an Bill. Will it be worth the denial just on a principal. At the consulate the conofs are in charge and it is up to them. You can't dictate what they should or shouldn't do. I wish you both the best as I'm sure the ones that have gotten denials in the past or turned back at POE for this very reason would do same.

Edited by aussiewench, 29 November 2006 - 06:47 AM.

aussiewenchFemaleAustralia2006-11-29 06:45:00
K-1 Fiance(e) Visa Process & ProceduresDocumentations to support "Intend to Marry"
Nope they won't demand anything further to show your intent to marry within the 90 day periiod.
aussiewenchFemaleAustralia2006-12-01 01:29:00
K-1 Fiance(e) Visa Process & ProceduresLonely Daddy...Unmarried..Clueless!
youngdaddy

You can get married and petition for your wife whilst you are an LPR. But you can only file an I-130, which when approved and a visa number comes up, she will be able to apply for an immigrant visa. When you gain citizenship your petition can be upgraded to that of a USC and there will then be no visa number to wait for as spouses of a USC are immediate. (Not immediate in the true sense of the word though as you still have to wait for an interview to be scheduled and the time frame for this various from consulate to consulate).

Have a read of the below link.

http://www.uscis.gov/files/article/B1.pdf
aussiewenchFemaleAustralia2006-12-01 12:28:00
K-1 Fiance(e) Visa Process & ProceduresApproved!!!

CONGRATULATIONS!!!!

www.regaininc.com

reported for spamming and soliciting along with your other numerous posts
aussiewenchFemaleAustralia2006-12-01 12:59:00
K-1 Fiance(e) Visa Process & ProceduresNot seeing each other's effect on interview decision?
Angilla

Many of us have been or were apart for similar time frames with no ill effects. However there are cases whereby the application for a visa has been denied. I would recommend emailing or faxing the consulate to request an extension of the petition once it is approved if it looks like the interview will fall after the validity date of the petition as noted on the NOA2. Also include another 'Letter of Intent'. That way they at least can't use the expiration of the petition to deny. I wouldn't worry too much as most seem to be extended automatically. Better to be safe then sorry though.

Edited by aussiewench, 03 December 2006 - 02:54 PM.

aussiewenchFemaleAustralia2006-12-03 14:53:00
K-1 Fiance(e) Visa Process & ProceduresHow should I submit pictures??
adamkun

Tip:
Use Q18 to describe in some detail of how you met in the required 2 year period that established the relationship. This is where you get the chance to let them know that you only lived 20 minutes apart so therefore no travel by aircraft. The evidence you then submit should support those details. Perhaps documenation showing that you did only live 20 minutes apart. Evidence of any trips made together, all that you can muster. What one should be aiming for is creating an image in the minds eye of the adjudicator......a complete picture. Look outside the box for evidence that shows you both in the same place at the same time. Each case is different and one should submit evidence accordingly, not just rely on the standard unofficial list.
aussiewenchFemaleAustralia2006-12-03 22:02:00
K-1 Fiance(e) Visa Process & ProceduresHow should I submit pictures??
adamkun

Don't over do the submission of many photos (which are secondary evidence), at the expense of any primary evidence.
aussiewenchFemaleAustralia2006-12-03 17:36:00
K-1 Fiance(e) Visa Process & ProceduresWhat I Learned About Evidence





As another example, I was told that the 'request for a provisional file' was 'obsolite' and would not be honored, so not to bother. I know how breaucracies work, and I figured it was worth a shot, (had a heck of a time finding a fax number for the Consular offices in Bangkok BTW), but I fired off 2 identical faxes and Pao got her packet 3, 4 days later!

Bill

This interests me. At what stage was the petition when you sent off the request for provisional file via fax?


The same day I got my NOA2 hard copy in the mail.

Bill

That is great. Good on you for taking affirmative action that worked in your favor :thumbs:

So I gather only a copy of the NOA2 was required to be faxed?


I used the example that is in the 'forms' section here on Visa Journey - and I just checked, I am a LITTLE off on my dates, I faxed it on Oct 30th, I got the notice DATED Nov 7 that our case had bee forwarded to the US Embassy in Bangkok from the NVC, and the envelope from the US Embassy in Bangkok was POSTMARKED Nov 6th. So I am assuming they acted on the 'Request for Provisional File" I faxed WITH a copy of my NOA2. She then got a SECOND Packet 3 when the file arrived in Bangkok.

NOTE: If you RIGHT CLICK these images in Internet Explorerer, you should get a little arrow box that will allow you to expand then to full size.

Thank you for that info Bill. I would say it is definately worth while for any member to fax a 'Request for Provisional File' along with their NOA2 if it meant a chance to receive the Packet from the consulate earlier.
aussiewenchFemaleAustralia2006-12-03 15:51:00
K-1 Fiance(e) Visa Process & ProceduresWhat I Learned About Evidence



As another example, I was told that the 'request for a provisional file' was 'obsolite' and would not be honored, so not to bother. I know how breaucracies work, and I figured it was worth a shot, (had a heck of a time finding a fax number for the Consular offices in Bangkok BTW), but I fired off 2 identical faxes and Pao got her packet 3, 4 days later!

Bill

This interests me. At what stage was the petition when you sent off the request for provisional file via fax?


The same day I got my NOA2 hard copy in the mail.

Bill

That is great. Good on you for taking affirmative action that worked in your favor :thumbs:

So I gather only a copy of the NOA2 was required to be faxed?
aussiewenchFemaleAustralia2006-12-03 14:46:00
K-1 Fiance(e) Visa Process & ProceduresWhat I Learned About Evidence

As another example, I was told that the 'request for a provisional file' was 'obsolite' and would not be honored, so not to bother. I know how breaucracies work, and I figured it was worth a shot, (had a heck of a time finding a fax number for the Consular offices in Bangkok BTW), but I fired off 2 identical faxes and Pao got her packet 3, 4 days later!

Bill

This interests me. At what stage was the petition when you sent off the request for provisional file via fax?
aussiewenchFemaleAustralia2006-12-03 14:19:00
K-1 Fiance(e) Visa Process & ProceduresWhat I Learned About Evidence
oops, knew that too. Thanks for picking it up.

aussiewench,

Point of clarification: Vietnam

Yodrak

..... Marc Ellis. ... is a very highly respected immigration attorney mainly dealing with Manila that is also a member of VJ. ....


I thought Ellis was also expert on Ho Chi Mihn City?


Edited by aussiewench, 01 December 2006 - 06:02 PM.

aussiewenchFemaleAustralia2006-12-01 18:00:00
K-1 Fiance(e) Visa Process & ProceduresWhat I Learned About Evidence
By submitting any evidence of any potential red flags so as USCIS is aware of such when they approve the petition. Also those in high fraud countries such as the Philippines and Morocco eg may very well benefit from submitting evidence to support a bonafide relationship at the initial petition stage. Also borne out in this thread by ellis_island http://www.visajourney.com/forums/index.php?showtopic=6769&hl=
I am also with yodrak on Marc Ellis. He is a very highly respected immigration attorney mainly dealing with Manila that is also a member of VJ. Have a read of his article linked the thread.


This is much better than Marc Ellis said so....

This is very interesting. Then how does one bridge the gap that the prima facia evidence that the USCIS is to examine and conclude on is only suppose to be that the petitioner and beneficiary have met within the previous two years. And since the petition is not the visa application, should not the petition only be used to qualify the applicant/USC as having only met requirements to simply apply for this particular visa type?


Also

6. In adjudicating visa cases involving petitions, posts should
bear in mind three important factors: A. the consular officer''s
role in the petition process is to determine if there is
substantial evidence relevant to petition validity not
previously considered by DHS, and not to merely readjudicate the
petition; B. the memo supporting the petition return must
clearly show the factual and concrete reasons for recommending
revocation (observations made by the consular officer cannot be
conclusive, speculative, equivocal or irrelevant) and; C.
consular officers must provide to the applicant in writing as
full an explanation as possible of the legal and factual basis
for the visa denial and petition return. Post must maintain a
copy of the returned petition, other evidence relevant to the
case, and a copy of the written notification of the denial.

No readjudication of petitions

7. In general, an approved petition will be considered by
consular officers as prima facie evidence that the requirements
for classification - which are examined in the petition process
- have been met. Where Congress has placed responsibility and
authority with DHS to determine whether the requirements for
status which are examined in the petition process have been met,
consular officers do not have the authority to question the
approval of petitions without specific evidence, generally
unavailable to DHS at the time of petition approval, that the
beneficiary may not be entitled to status (see 9 FAM 41.53, Note
2, 41.54 Note 3.2-2, 41.55 Note 8, 41.56 Note 10, 41.57 Note 6,
and 42.43 Note 2) due to fraud, changes in circumstances or
clear error on the part of DHS in approving the petition.
Conoffs should not assume that a petition should be revoked
simply because they would have reached a different decision if
adjudicating the petition.

http://travel.state.gov/visa/laws/telegrams/telegrams_1388.html


Edited by aussiewench, 01 December 2006 - 05:54 PM.

aussiewenchFemaleAustralia2006-12-01 17:53:00
K-1 Fiance(e) Visa Process & ProceduresWhat I Learned About Evidence
Also

6. In adjudicating visa cases involving petitions, posts should
bear in mind three important factors: A. the consular officer''s
role in the petition process is to determine if there is
substantial evidence relevant to petition validity not
previously considered by DHS, and not to merely readjudicate the
petition; B. the memo supporting the petition return must
clearly show the factual and concrete reasons for recommending
revocation (observations made by the consular officer cannot be
conclusive, speculative, equivocal or irrelevant) and; C.
consular officers must provide to the applicant in writing as
full an explanation as possible of the legal and factual basis
for the visa denial and petition return. Post must maintain a
copy of the returned petition, other evidence relevant to the
case, and a copy of the written notification of the denial.

No readjudication of petitions

7. In general, an approved petition will be considered by
consular officers as prima facie evidence that the requirements
for classification - which are examined in the petition process
- have been met. Where Congress has placed responsibility and
authority with DHS to determine whether the requirements for
status which are examined in the petition process have been met,
consular officers do not have the authority to question the
approval of petitions without specific evidence, generally
unavailable to DHS at the time of petition approval, that the
beneficiary may not be entitled to status (see 9 FAM 41.53, Note
2, 41.54 Note 3.2-2, 41.55 Note 8, 41.56 Note 10, 41.57 Note 6,
and 42.43 Note 2) due to fraud, changes in circumstances or
clear error on the part of DHS in approving the petition.
Conoffs should not assume that a petition should be revoked
simply because they would have reached a different decision if
adjudicating the petition.

http://travel.state.gov/visa/laws/telegrams/telegrams_1388.html

fwaguy,

Google immigration attorney Marc Ellis, who used to post to VJ as EllisIsland.

Yodrak

.....

What is the basis for your statement that the consulate cannot deny based on previously adjudicated issues by the USCIS.


aussiewenchFemaleAustralia2006-12-01 17:28:00
K-1 Fiance(e) Visa Process & Procedurestranslated documents


The translator is stating that they are fluent in both languages and capable of translating. They do not need to be a professional.
My friend who helped me is not a professional. We had no problems with our petition - no RFEs.
My friend signed and dated every page where she translated. I did the same for her and translated all of her e-mails and letters she wanted to use as proof. I did exactly what she did for me and her application was also approved in no time.
E-mails are used as proof of ongoing relationship - I believe it is helpful. I chose e-mails where we talk about marriage as well.
This is just my opinion but I think it supported our application well.


You got this from the USCIS misinformation line?

You are free to do your own translating. I translated his damn birth certificate (we were RFE'd for it) with no problems.

It does't only come from the misinformation line. It comes from experiences. Whilst it is generally stated that one can use anyone as long as they are conversant in both the english and foreign language and certify the translation, it is also wise not to translate documents oneself. Some have gotten away with that, others haven't. If one has a friend or family member that will do the translations, it is generally accepted. USCIS does not and has never stated that one can ONLY use a Certified Translator. Just as USCIS accepts photocopies of documents submitted, but can turn around and send an RFE for the original.

Edited by aussiewench, 04 December 2006 - 11:38 PM.

aussiewenchFemaleAustralia2006-12-04 23:37:00