ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresShould I hire a Lawyer?
Unless you have notification from USCIS that there is a notice of intention to deny your petition I believe it would be pointless hiring a lawyer at this stage. You have already prepared your own petition so a lawyer would be unable to help you whilst you are awaiting adjudication. Best thing to do is relax and wait on CSC to send you a notice. If you have sent all the information requested and meet the criteria for a K1- visa then you should have no problem obtaining an approval. They are currently taking well over 150 days to approve petitions so you have some time yet.
bakofoilFemaleEngland2008-01-24 02:36:00
K-1 Fiance(e) Visa Process & ProceduresCalling USCIS-does it generate a touch on your case?
There are differing experiences on this. We called once each week for three weeks once our petition was approaching the six month point and EVERY call resulted in a touch. I doubt it had any impact on the approval though. We got approved 4 weeks after starting to call in and this was in line with others who had either the same NOA1 received date or actual sent date.

The USCIS call center staff cannot speed up the process for you. They can (when they're helpful) tell you that your petition is on its way to an adjudicator - which is what happened the week before we got approved. All previous calls we were told the standard 'we approve petitions in the order they are received'.
bakofoilFemaleEngland2008-02-02 11:53:00
K-1 Fiance(e) Visa Process & ProceduresQuestions about cancelling
So the I-134 is a pre-qualifying test for the I-864 effectively?
bakofoilFemaleEngland2008-02-04 13:56:00
K-1 Fiance(e) Visa Process & ProceduresQuestions about cancelling
QUOTE (pushbrk @ Feb 3 2008, 11:30 PM) <{POST_SNAPBACK}>
The I-134 is not legally enforceable on the USC in any way.

Interesting. Is that true in all cases or just the circumstances described here?
bakofoilFemaleEngland2008-02-04 13:38:00
K-1 Fiance(e) Visa Process & ProceduresQuestion on costs
Yes the I-129F is $455

Once your petition is approved there will be the following costs prior to issuing the visa:

The medical costs £170 at a designated clinic in London. The beneficiary has to have an up-to-date vaccination record so any additional vaccinations can be paid for there on the day (here are links to the price list and details of vaccinations needed) or the beneficiary can get these vaccinations for free through a GP.

The beneficiary will also need to pay for a police certificate ahead of the interview. The police certificate is currently £10 but there is some discussion about introducing a designated police certificate at a cost of £35. I am not sure when this change will come into affect.

The fee for processing a fiancé(e), Kii or V visa is $131.00. The fee is paid on the day of the visa interview to the Embassy cashier. Fees may be paid in cash - sterling or dollar equivalent.

In the US, the AOS fee is $1,010 which now includes EAD and AP if you apply for both at the same time.

Beyond this - I'm not even thinking about that yet tongue.gif
bakofoilFemaleEngland2008-02-15 11:29:00
K-1 Fiance(e) Visa Process & ProceduresApproved K-1 - Pregnant Fiance- urgent
Plus she doesn't want to be having an x-ray if she's pregnant.
bakofoilFemaleEngland2008-02-19 15:10:00
K-1 Fiance(e) Visa Process & Proceduresmedical and depression
QUOTE (mox @ Feb 21 2008, 08:08 PM) <{POST_SNAPBACK}>
QUOTE (Len_and_Bren @ Feb 21 2008, 11:52 AM) <{POST_SNAPBACK}>
My 2 cents: do not volunteer information. - which is not the same as telling lies.
you'll be fine dear friend!

Quoted for truth. Get the help you need, no sense in compounding the problem. good.gif


There is a box to check on the medical form about history of depression. The OP would have to consider the repercussions of not declaring it. If the OP does want to seek treatment now then a letter from a GP verifying the cause of the depression and that the OP is not a danger to self or others then it should be fine. It's safer to go armed with a letter from a GP if you declare a history of depression also, as I understand it.

This is not a clear-cut area. I have asked questions about this myself as I have a history of depression. The majority verdict is to be honest but go prepared with evidence from a doctor. I am uncertain what the repercussions might be if you leave the box unchecked.
bakofoilFemaleEngland2008-02-21 16:06:00
K-1 Fiance(e) Visa Process & ProceduresStressed. Overwhelmed.
QUOTE (Damian&Kelly @ Feb 24 2008, 12:55 PM) <{POST_SNAPBACK}>
I've been on this site so many times reading and researching every step of the I-129F/K-1 Visa and every time it ends with me just getting stressed and not knowing much more then when I started so I figured I'd try asking some questions on here.

1. I haven't ever had a job so I haven't filed any taxes and up until 2007 I was filed as a dependent on my parents taxes. I don't have a job at the minute and am currently looking for work. I am confused about the co-sponsor... Will we have to live with the co-sponsor and if so for how long? is there a way to change sponsors if we do want to move out and I can support my fiance?

There is no requirement to reside with your co-sponsor for the purposes of an I-129F application. When you apply for AOS after marriage you will need to refile the affadavit of support anyway, so any change of circumstances between now and then will be allowed for as a matter of course.
QUOTE
2. are there any restrictions on visits while the I-129F is being processed?

There is always a possibility that your fiance can be denied at the POE, however I visited my fiance in the US 3 times last year without a problem. Your fiance should not stay for longer than 90 days on the VWP (no more than 180 days any one 12 month period) and should show ties to his home country e.g. proof of ongoing employment, utility bills, rent/mortgage agreement etc.
QUOTE
3. How long after marriage does it take before being able to leave the US?

When you file for AOS the fee now includes Advance Parole and EAD (however, you still need to fill out the forms for all seperately). This typically takes around 3 months although it can take longer. In an emergency you can expedite the AP.

Hope this helps, I've basically answered the ones I am pretty sure on. I'm sure other posters will correct me or help with the questions I left out. Also try using the forum search for any additional information, these are common questions.

It seems like a stressful process, but many people are in a similar situation and have successfully filed for the K1 visa. Good luck!

Edited by babblesgirl, 24 February 2008 - 08:24 AM.

bakofoilFemaleEngland2008-02-24 08:23:00
K-1 Fiance(e) Visa Process & ProceduresIs it an issue if I am in the US when our case is approved?
QUOTE (pushbrk @ Feb 26 2008, 02:51 AM) <{POST_SNAPBACK}>
QUOTE (babblesgirl @ Feb 25 2008, 03:32 PM) <{POST_SNAPBACK}>
Is it worth noting here that the NOA2 has a four month time limit?


This is not particularly notable since many cases take longer than four months from approval to interview. Consular officers can and routinely do extend petition validity as needed.


Fair enough.

QUOTE (LadyNoles @ Feb 26 2008, 01:28 AM) <{POST_SNAPBACK}>
However...they can get it in only a month or so...and I wouldnt want to be stuck in my country either loll


Yeah, that's precisely what I was thinking.
bakofoilFemaleEngland2008-02-26 05:24:00
K-1 Fiance(e) Visa Process & ProceduresIs it an issue if I am in the US when our case is approved?
Is it worth noting here that the NOA2 has a four month time limit?
bakofoilFemaleEngland2008-02-25 18:32:00
K-1 Fiance(e) Visa Process & ProceduresService Center priorities
QUOTE (fwaguy @ Jan 16 2008, 08:21 PM) <{POST_SNAPBACK}>
True, but I know someone who knows someone who knows someone inside the USCIS, that for payment of $1000 will make sure your petition is the first petition adjudicated when they get your box of petitions.


laughing.gif
bakofoilFemaleEngland2008-01-16 15:25:00
K-1 Fiance(e) Visa Process & Proceduresfirst receipt times
QUOTE (drbilldc @ Feb 10 2008, 07:20 PM) <{POST_SNAPBACK}>
Happened to our K-3 also. received in mail room November 12, Received NOA February 7 dated the 4th. and they claim it was received December 23. Who knows? at that point was just THANKFUL to get the notice!!
but still feel a little robbed of time.
Dr. Bill


Yeah, it's swings and roundabouts. I think you just get to the stage you're relieved *something* is happening with your petition. Some people seem to be lucky and breeze through it, others less so and it does feel like you're being robbed of time. As long as we get there in the end though eh?
bakofoilFemaleEngland2008-02-10 14:30:00
K-1 Fiance(e) Visa Process & Proceduresfirst receipt times
We sent our petition on July 27th and did not receive an NOA1 until September 27th. However, USCIS did acknowledge that we sent the application in earlier.

There are two dates on the NOA1; 'notice date' which acknowledges when USCIS processed the receipt and 'received date' which acknowledges actual receipt of your petition into their mailroom.

USCIS state they adjudicate petitions in order of 'received date' (although you should allow for some deviation on this - they cannot process them perfectly in order) so if yours says January and not November then you need to have some harsh words with your lawyer. I doubt you will be able to change the date to November though.

Luckily, you are with VSC and so your application will probably get adjudicated within 3 months of the NOA1 received date. CSC are currently processing around the six month mark.

Hang in there. We're all used to waiting sad.gif It's not ideal but definitely worth it in the long run. Good luck!
bakofoilFemaleEngland2008-02-10 14:16:00
K-1 Fiance(e) Visa Process & Procedureswirlwind love affairs! other peoples experinces as to how the length of their relationship affected thier application?
QUOTE (greeneyedgirlfl @ Feb 24 2008, 09:40 PM) <{POST_SNAPBACK}>
QUOTE (babblesgirl @ Feb 24 2008, 04:33 PM) <{POST_SNAPBACK}>
QUOTE (greeneyedgirlfl @ Feb 24 2008, 09:18 PM) <{POST_SNAPBACK}>
I knew mine was the one on the walk back to the car at the airport when we first met in person...so either not naive or we're both naive!!!


Glad I'm not alone!


And you should be nearing the end of this!!! Happy thoughts to you!!!


Yeah, we are so ready to get on with our lives. I'm hoping now the case is at the embassy we can move a bit faster than we did at CSC.
I hope you get approved super quick. Sending happy thoughts your way too smile.gif

eta: I just noticed that touch. Good luck!!

Edited by babblesgirl, 24 February 2008 - 04:55 PM.

bakofoilFemaleEngland2008-02-24 16:54:00
K-1 Fiance(e) Visa Process & Procedureswirlwind love affairs! other peoples experinces as to how the length of their relationship affected thier application?
QUOTE (greeneyedgirlfl @ Feb 24 2008, 09:18 PM) <{POST_SNAPBACK}>
I knew mine was the one on the walk back to the car at the airport when we first met in person...so either not naive or we're both naive!!!


Glad I'm not alone!
bakofoilFemaleEngland2008-02-24 16:33:00
K-1 Fiance(e) Visa Process & Procedureswirlwind love affairs! other peoples experinces as to how the length of their relationship affected thier application?
QUOTE (Rocinante @ Feb 22 2008, 04:38 AM) <{POST_SNAPBACK}>
Mags and I were engaged after 4 months. I proposed 3 or 4 days after she came here for her first visit. We had no extra checks, questions, or such because of it.


Same here. We had been chatting for 4 or 5 months and 4 days into the trip he asked me to marry him. I knew as soon as I met him that he was the 'one'. Sounds naive, but I'm old enough to know a good thing when I see it. I don't envisage any problems at interview on that score either.
bakofoilFemaleEngland2008-02-24 12:57:00
K-1 Fiance(e) Visa Process & ProceduresOriginal docs (Hotel Receipts Ticket Stubs Proof of Visti ) needed for evidence of relationship?
QUOTE (OggyFX51 @ Feb 24 2008, 03:24 PM) <{POST_SNAPBACK}>
We have provided only scan copies of the airline tickets and stubs , hotel receipts? Would this matter ?


No, you should keep the originals to present at interview if they are asked for.
bakofoilFemaleEngland2008-02-24 10:28:00
K-1 Fiance(e) Visa Process & ProceduresK-1 visa questions
Re Q3 and the post above.

There IS a time limit on an approved I-129F. Your NOA2 is valid for four months following approval. The NOA2 has an expiry date see here. However, as others have said, an extension can be granted by the consulate.

Q4) I would imagine this all depends on your NOA2 expiry date and whether or not you have informed the consulate that you require an extension. There is no reason why, if you need to delay things a little, you can't return Packet 3 and request a later interview date in a covering letter. The consulate will advise you if they need Packet 3 to be updated if there is an extended delay.

It is worth bearing in mind here that following interview approval, the visa does not expire for six months which affords you more time if required.

Q6) The marriage should take place within 90 days of entering the US on a K1 visa. The marriage date does not need to be fixed. Take an updated letter of intent to marry (like the one used in the I-129F petition) from beneficiary and petitioner with you to the interview.

Edited by babblesgirl, 08 March 2008 - 10:02 AM.

bakofoilFemaleEngland2008-03-08 09:58:00
K-1 Fiance(e) Visa Process & ProceduresUrgent Medical Question
QUOTE (em79sugar @ Mar 8 2008, 11:50 PM) <{POST_SNAPBACK}>
Actually the medical is not near the embassy, the embassy is in Stockholm, fiance and medical 5 hours away.


Then you will need to arrange for the medical facility to forward your passport to the embassy with the medical results and x-ray, or your fiance could ensure the passport is sent secure to the embassy as soon as the medical is completed. This shouldn't delay your visa at all, given that the medical results are not immediately available.

These sorts of questions are best answered by the embassy since many aspects of this part of the process are country specific. e.g It is not possible to have a medical conducted outside of London, hence my assumption the medical would be in Stockholm.

I agree with Jesse that the embassy is highly unlikely to withhold the passport given that the medical is still pending.
bakofoilFemaleEngland2008-03-08 19:10:00
K-1 Fiance(e) Visa Process & ProceduresUrgent Medical Question
I really don't understand what the fuss is all about. Call the embassy, ask them what they suggest. Neither can complete their part of the bargain without the passport so I really doubt they're going to be difficult about it. Besides, the medical facility will be forwarding documents and x-ray to the embassy at which point they could slip in your passport. If you're not happy with that, then hand deliver your passport to the embassy following the medical. I presume the medical and consulate are in the same city at least?
bakofoilFemaleEngland2008-03-08 18:32:00
K-1 Fiance(e) Visa Process & ProceduresUrgent Medical Question
Is it possible for him to explain this at the interview, they may let him take the passport away with him and then the medical surgery can send his passport on with his medical results to the embassy.

It's probably worth calling the embassy and asking them what to do in this scenario.
bakofoilFemaleEngland2008-03-08 15:27:00
K-1 Fiance(e) Visa Process & Proceduresafter 14 months since NOA1...
I have no idea how long it will take but I just wanted to say I am sorry you had to endure this and hope that things get resolved quickly.

You have to take this process stage by stage. Each step reached has to be taken with complete positivity and you appear to be an example to us all with respect to patience and good grace.

I wish you the best of luck! good.gif
bakofoilFemaleEngland2008-03-15 08:05:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa vs. B-2 Visa
I think we're all on the same page good.gif Apologies for posting without reading your post fully.
bakofoilFemaleEngland2008-03-15 11:30:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa vs. B-2 Visa
Apologies, you clarified the AOS scenario in the second paragraph. I just wanted to make it clear to the OP that this isn't as easy as people are making it sound.
bakofoilFemaleEngland2008-03-15 11:28:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa vs. B-2 Visa
QUOTE (~Laura and Nick~ @ Mar 15 2008, 04:15 PM) <{POST_SNAPBACK}>
QUOTE (Scott and Marta @ Mar 15 2008, 01:55 AM) <{POST_SNAPBACK}>
Let me put it this way...to be able to get married in USA to your fiance you need K1 visa. If you have anything else it´s visa fraud. There are people that get away with it sometimes if they can prove they didn´t intend to marry (sometimes they even might ask that at the point of entry). Then if she wants to get the green card to be able to stay here with you she/you will have to prove that it´s a bonfide relationship. As you can see these two requirements contradict each other. Better just sit on it, file the paperwork and wait a couple of months and not have to deal with all the lies you would have to come up with and stuff... When you commit visa fraud it´s not like we are before 9/11...this is year 2008 and everything is very strict.


It's not visa fraud if you come over on a visitor visa and get married. It's only fraud if you do that and then intend to STAY.
You can get married at any time, it's the staying and living part where the fraud comes in.
The new spouse would have to go home and file a spousal visa in order to come back to the USA and live.

Say if you went to the USA on a student visa, you are there for 4 years. Halfway through that, you meet an American, fall in love, get married and adjust status, there is nothing wrong with that because there was no intent to marry upon entry, you didn't even know the person at the time of entry.

To the OP: Best of luck with whatever you decide and I'm very sorry about your lawyer..that's sad. You'll find a way!!! smile.gif


It's not visa fraud to stay in the country as long as the intent at the POE was not to stay. People file for AOS successfully who got married on a whim and stayed in the US following the marriage. The problem, as you say, is INTENT and the OP will have a hard time proving that the intent was NOT to marry and stay during AOS as USCIS will already have an I-129F application on file. Well, we're assuming that's the case since the OP mentioned a lawyer had filed for them. The OP's girlfriend may even have a problem getting a B-2 or even getting past immigration at the POE on the VWP if she cannot prove adequate ties to her home country.
bakofoilFemaleEngland2008-03-15 11:26:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa vs. B-2 Visa
QUOTE (KarenCee @ Mar 15 2008, 12:45 PM) <{POST_SNAPBACK}>
To the OP: Coming to the US - no problem. Getting married on a whim. No problem. It's this intent that you have, and which seems to be encouraged by a couple posters on here that IS the problem. The INTENT is where it become fraud. The OP has already hinted to the INTENT.

When one makes the statement, "If you get the tourist visa and get married in the USA! You have to make it look like you met in the Usa and them marry towards the end of the visa" that is fraud.


Again, to the OP, I'm sorry you had a ####### lawyer. Most of us on here have done this process ourselves with much success. Check the timelines of others who have gone through this process with fiancée's from Germany. It will give you a guesstimate of the timeframe for how long it takes to get a K-1.

These are merely my opinions from what I have read and interpreted from what I've seen here on VJ.


Totally agree with this. Plus, if your lawyer has already submitted an I-129F (regardless of the outcome) it will be difficult to prove there was no intent to marry on a tourist visa (VWP or B2). If you file the I-129F now you could be together within 9 months (sometimes significantly less) at no risk to your relationship - any other way carries a risk and however small people are commenting that risk might be it is still what it is - a possibility you will find it difficult to remain together in future.
bakofoilFemaleEngland2008-03-15 07:59:00
K-1 Fiance(e) Visa Process & ProceduresA Question of PROOF ....
Right Paula. In fact the thread the OP was referring to in her first post was entirely about the issues faced by people who cannot get the story of their relationship straight enough and acquire sufficient evidence to satisfy the consular officer.

Also I would like to make a point about a comment the OP made about evidencing the relationship. Gathering evidence on your relationship is not indicative of having been too calculated about things to the point that it arouses suspicion. People who petition for a fiance visa, generally have reached a point in their relationship (with their soulmate, believe it or not) where they decide to get married and live together. This point can come after a day of meeting or more usually, after months, sometimes years of being together. The evidencing usually begins after the engagement. And that is what the CO will be interested in. That is what the person in the thread the OP referred to was unable to provide.

To the OP, when you file the I-129F you need to evidence as much communication and contact with your fiance as you can, regardless of how unromantic and calculated that appears to be because the consular officer will probably want to see it and not just take your word for it.

Good luck.
bakofoilFemaleEngland2008-02-16 18:42:00
K-1 Fiance(e) Visa Process & ProceduresMy K1 Visa rejected - will return back to u.s.
QUOTE (evanescence @ Feb 17 2008, 09:53 PM) <{POST_SNAPBACK}>
Hi everyone!
After I red all this I started worried for myself sad.gif.I stated in my K1 application,that my finance and I met 10 years ago.That was true,but we fell in love 2 years ago and decided to get married.I don't have any proof of relationship before that time,but I have 1000 of evidences for the past 2 years.They sent me a RFE requesting for evidence of meeting for the past 2 years,no longer than that.If in the application was a statement said that they need a evidence from the time we met I would not stated that we met 10 year ago,because I can't prove it .
Do you think I have to worry?


They want to see evidence of you having met in person in the past two years - this is a requirement of the I-129F. Did you provide evidence of having visited each other within the last two years of your filing date? Plane tickets, stamps in passports, receipts or bank statements placing you or your fiance in each other's country?
bakofoilFemaleEngland2008-02-17 16:57:00
K-1 Fiance(e) Visa Process & ProceduresMy K1 Visa rejected - will return back to u.s.
The embassy are mostly concerned with evidence post-filing. So what you have sounds perfectly fine. The initial application is about providing evidence of meeting, (although it is important to provide some evidence of an on-going relationship at this stage) mostly the rest is secondary during the USCIS stage. At consular stage then you should have photos of your trips and evidence of communication between trips e.g. chat logs, emails, letters and phone bills etc.

The problem the OP had was not so much the fact he lied about the time of their meeting (this appeared to be brushed aside if you read the CO's report) but the fact there was insufficient evidence provided from engagement to interview. The CO states 'a few chat logs'. That was the gripe and this is why everyone has been telling the OP that he still has a chance to salvage things. However, given his inability to stick to one story he would be better advised to get a lawyer to deal with it on his behalf.

Seems a few people are reading this thread and getting panicky. The fact is, it's not that difficult to gather a lot of evidence once you make the decision to file a K1 application (since you know you must!), so the situation the OP found himself in was totally unnecessary. The embassy interview is merely to ascertain that there is an on-going genuine relationship that will result in a marriage. Doesn't sound like you have a problem at all. smile.gif

Edited by babblesgirl, 16 February 2008 - 09:14 PM.

bakofoilFemaleEngland2008-02-16 21:13:00
K-1 Fiance(e) Visa Process & ProceduresMy K1 Visa rejected - will return back to u.s.
QUOTE (mox @ Feb 16 2008, 05:16 AM) <{POST_SNAPBACK}>
QUOTE (CL79 @ Feb 15 2008, 08:00 PM) <{POST_SNAPBACK}>
So, when did you meet her / introduced to her exactly? I am lost.... wacko.gif

You're not lost. The OP keeps changing his story. I've pretty much lost all compassion at this point, and the outcome to this whole sordid little scandal seems foregone to me now. I'm only sorry that a most-likely innocent woman will have to suffer through all the lies and deceits.


Totally agree with you. Looks like the system worked as it should in this case, that may sound like a harsh comment but I do think the onus is on the applicants to ensure there is no holes (evidence or storywise) in their petition. I also worry about the beneficiary. Aside from the comments you made, how will she fare if she ever wants to visit the US with a visa denial behind her?
bakofoilFemaleEngland2008-02-16 09:11:00
K-1 Fiance(e) Visa Process & ProceduresMy K1 Visa rejected - will return back to u.s.
QUOTE (K1 Sponsor @ Feb 14 2008, 09:18 PM) <{POST_SNAPBACK}>
Thank you all for your replies... I really appreciate it. Lawyer will be the next step.

I am trying to get my Senator involve to see if anything they can do first. If not, lawyers are there for ppl like me. I know they want tons of evidence I can never submit enough to the CO. Actually, Vietnam is a corrupted country and many ppl are faking the relationship that affect me as a real one. If I were to petition a fiancee from Frence or other European countries, I don't think I have to go thru. this trouble. Another stupid reason is that I should NOT engage with anyone from far away Vietnam even though I am a Vietnamese. Oh well, I am totally stuck with this mess that I created.

What is the appx cost to consult a lawyer with my current case? Anyone can give me an estimate? I don't mind to put out couple of grands but I want it to be successful, not a failure.


Wrong. Anyone who misrepresents the truth on a visa application faces the possibility of denial at ANY consulate. You're still looking for excuses for your own mistake.

An initial consultation with a lawyer will set you back $200-400 probably. Nothing is guaranteed.
bakofoilFemaleEngland2008-02-14 16:24:00
K-1 Fiance(e) Visa Process & ProceduresMy K1 Visa rejected - will return back to u.s.
Gosh, it really is getting silly now. You need to get your story straight and be able to produce evidence to back up your claims. Present all this info and your NOID to an immigration attorney and go from there. A visit to the embassy in Vietnam and harassing the CO who denied your petition will not help you whatsoever.

The petition has been returned to USCIS, the onus is on you to provide evidence supporting your application. Do not waste this opportunity. Get help from an attorney because a mistake this time around will cost you far more than you seem to realise.

eta: sorry Paula, you beat me to it. Well said.

Edited by babblesgirl, 14 February 2008 - 03:45 PM.

bakofoilFemaleEngland2008-02-14 15:43:00
K-1 Fiance(e) Visa Process & ProceduresMy K1 Visa rejected - will return back to u.s.
QUOTE (pushbrk @ Feb 14 2008, 02:47 PM) <{POST_SNAPBACK}>
Thank you for providing the above. I think it is very good news for you. Considering the fact that you willfully misrepresented facts, exposing yourself to a possible lifetime ban the fact that they denied the visa for insufficient evidence of bona fides indicates you still have viable options for being together in the USA.

I suggest you once and for all, stop thinking of your problem as a misunderstanding. A misunderstanding may be the reason you lied but you then clearly chose to lie. You got lucky, in that the Consular officer's comments don't indicate a finding of intentional misrepresentation but merely a failure to meet the reasonable person standard.

At this point though, I strongly suggest you retain the services of a competent immigration attorney before taking any further steps whatsoever. The sooner you do this, the better. I think the advice will include at least two additional trips to Vietnam, one for marriage and another to show bona fides. You'll have to deal with this current Notice of Intent to Deny first though.

Please start considering yourself extremely fortunate to be in this circumstance instead of a far worse one, with nobody to blame but yourself.


That's the way I read it too. It seems there is a suspicion that there was not a relationship prior to Dec 2006 but the real quibble the CO had was the lack of supporting evidence for the relationship post engagement. I think the OP is very fortunate to have been given such a detailed reason for the denial and I hope he follows the advice to seek real help with this. He really can't afford any more 'misunderstandings'.
bakofoilFemaleEngland2008-02-14 10:02:00
K-1 Fiance(e) Visa Process & ProceduresMy K1 Visa rejected - will return back to u.s.
K1 Sponsor. It seems they suspect you did not have a relationship with your fiancee until Dec 2006. However it also seems you submitted insufficient evidence to support your relationship after that single trip to Vietnam. Photographs are secondary evidence and if this was all you included in your petition to substantiate spending more than one or two days together then I can understand their concerns. Did you include flight itineries, boarding passes? You also need to satisfy the consular officer that you have an on-going relationship and they state that only a 'few' chat transcripts were included as evidence.

No one here is judging your relationship. What we are saying is, if you want a chance of surviving this episode and having a future in the US with your fiancee , then you need to seek expert advice from a qualified immigration attorney. The consular officer, in my view, gave you a full and reasoned definition of the decision to deny the visa (many do not receive such specific information on such decisions). Everyone here has given you solid advice. You need to find a good immigration lawyer because, given the detailed denial notice you have received, they may well be able to get you out of this sticky mess.

Edited by babblesgirl, 13 February 2008 - 01:50 PM.

bakofoilFemaleEngland2008-02-13 13:48:00
K-1 Fiance(e) Visa Process & ProceduresMy K1 Visa rejected - will return back to u.s.
QUOTE (K1 Sponsor @ Feb 13 2008, 05:49 PM) <{POST_SNAPBACK}>
Thank you all very much for your valuable posts and replies...

I know my case is a misunderstood the requirements. If my Senator couldn't help me, the next plan I will do is going back to Vietnam to marry her and petition her as K3 all over again. Is this the right thing to do? I may have to wait for another yr or two, whatever long it takes for her to come here. I am so tired of pursuing the case.... Lawyers are expensive and no guarenteed that they can help with my current situation. I don't plan to look for a lawyer.


There is no guarantee marrying in Vietnam and filing for K3 will help your situation either. You run the risk of losing another application fee unless you seek some expert help with this situation.
bakofoilFemaleEngland2008-02-13 13:03:00
K-1 Fiance(e) Visa Process & ProceduresMy K1 Visa rejected - will return back to u.s.
QUOTE (john_and_marlene @ Feb 13 2008, 04:40 PM) <{POST_SNAPBACK}>
Did your fiancee also claim to have met you in 2004 at the consular interview????

If so, read this: http://www.immilaw.c.....d Waivers.htm


Good article. Well worth reading good.gif
bakofoilFemaleEngland2008-02-13 12:33:00
K-1 Fiance(e) Visa Process & ProceduresMy K1 Visa rejected - will return back to u.s.
I have to agree with mox and Paula&Minya on this. The OP's only way out of this mess is to be entirely honest with an immigration lawyer and discover what the options for are from there. Misunderstanding (for whatever reason) the conditions for filing is not the issue here, the issue is misunderstanding the conditions and thereby knowingly making a fraudulent claim for immigration benefit.

It is ironic indeed that if the OP had told the truth in the first place his fiancee may well have a visa in her hand right now. An unfortunate situation which I hope can be salvaged. Best of luck!
bakofoilFemaleEngland2008-02-13 12:27:00
K-1 Fiance(e) Visa Process & ProceduresK-1 validity question
QUOTE (Badgerella @ Aug 1 2008, 06:42 PM) <{POST_SNAPBACK}>
Thank you for your help.

That's what I thought, but I just wanted to make sure. I assumed the box on top of that form was related to the petition itself, not the visa.

How much time do I have, though, between the petition approval (or, well, the I-129F being forwarded to the Embassy in Croatia) and my interview?


You can use the Timeline function to view average processing times for the Croatian embassy. I quoted two months as a reasonable minimum (in general terms) in view of your general question. Some embassies take much longer.

Edited by babblesgirl, 01 August 2008 - 01:55 PM.

bakofoilFemaleEngland2008-08-01 13:55:00
K-1 Fiance(e) Visa Process & ProceduresK-1 validity question
QUOTE (Badgerella @ Aug 1 2008, 06:27 PM) <{POST_SNAPBACK}>
I've been browsing basically all K-1 related threads. I looked at I-129F form just now and noticed, in the first top block (for USCIS use only), a box saying: "The petition is approved for status under Section 101(a)(5)(k). It is valid for four months from the date of action. ____________________ "

Does anyone know what this means?

I was told, here on the forum, that once K-1 is approved, there is a 6 month wait for the person to leave the home country and enter the States. Upon their arrival to the US, a new counter starts, leaving them 90 days to get married. Is this correct? Or, in other words, does the box from I-129F not relate to the 6-months wait?

It is really important for me to know how long I can stay in my home country, as I might end up needing every tiny bit of some 'extra' time.

Thank you.


The six months quoted refers to the time period following approval and issuance of the K1 visa by the relevant embassy. Once the I-129F itself is approved it is forwarded to the embassy for you to attend interview. I-129F approval does not guarantee issuance of the K1 visa itself.

You are looking at a couple of months between I-129F and interview (dependent on country). THEN you have six months to enter the US with the K1 visa following interview approval. If you need more time than this you can hold off the interview stage for a while by contacting the embassy and extending the validity of the I-129F approval.
bakofoilFemaleEngland2008-08-01 13:35:00
K-1 Fiance(e) Visa Process & ProceduresChange of Address
You know I was slightly irked when my packet 3 had to be forwarded. I lost another 3 days!!!! tongue.gif To be honest though, once your case gets to NVC it goes so fast that those 3 days that I got irked about were nothing.

Waiting for NOA2 is a different story though wink.gif I think I had too much time on my hands and sweated everything.

And it is worth it. All of it smile.gif Good luck!
bakofoilFemaleEngland2008-09-10 17:09:00