biggish data

I'm wondering if I'll be better off having her come down as a visitor, then flying to Canada to be married.. Would that allow her to re-enter the country legally?

AnewKINDofFEELIN

Male

Canada

2007-05-29 18:26:00

Welcome "AnewKINDofFEELIN". Yes, your fiancée can come into the country as a visitor, providing she can provide enough ties to Canada to convince CBP that she is returning (amongst the usual types of issues which may provoke a refusal. i.e. drug convictions, etc).

Unfortunately, if you plan on filing for the K-1 Fiancée visa you won't receive it by your planned wedding date (November 10th). Really, you won't be able to make any firm wedding plans (on the K-1) until the visa is in hand.

I'm not really getting the August 10th entry reference unless you are somehow tying that to the 90 day marriage rule following entry to the U.S. This rule only applies to beneficiaries with the visa in their passport.

You need to be aware that the fees will be jumping on July 30th so when you know what you want to do you should get right on it.

All the best and congratulations on your engagement.

Did he ask how long you would be visiting for or give you a time limit?
Canadians are allowed to be in the U.S. for up to six months in a one year time period.
Yeah, it was regarding the 90 day limit on the fiancee visa. If I file the application within the next couple weeks, we should have it by August or so, right?
Probably not. Check out "immigration timelines" here on VJ for a good idea of how long it take. From start to finish, 7 months is the rule of thumb these days. Varies, of course, but that's a good guess.

It's great, though, if Canadians get 6 months for a visit without having to get a visa, etc. VWP countries (most of Western Europe and some others) get only 90 days.

And she CAN be here and you even can either have a non-legal, wedding party before you get the visa, OR, have a legal ceremony BUT ditch a K1 and go with a K3 here in the US.

All that is prohibited is coming in with the intent to STAY HERE without the proper paperwork. There are other pitffalls to be avoided (misunderstandings at the border = uncool), but you have options.

Don't panic. But also start making your expectations more realistic, timeline wise.

My main problem all along has been that I don't know what realistic expectations for this are. So, we can ditch the K1 once we get married in the US? I am a fairly smart person (mechanical engineer) but this has all been REALLY confusing to me.

AnewKINDofFEELIN

Male

Canada

2007-05-29 18:11:00

Do you go through Vancouver or Montreal. One is slow and one is fairly quick. Either way, it's running around 3 months to get aproval from CSC and since its almost June, you are looking at end of August/beginning of Sept for that assuming there isnt a slowdown. You then have to get through NVC which will take several weeks. The embassy needs to get the paperwork, send you out packet 3, you need to fill that in, they need to get it and send you the interview date. You then have to wait a while to get that. Look at similar timelines above for a more realistic timeline.

You also dont want to marry on exactly day 90 as its streching it for AOS. If you want to wait till later in the process I'd get married in the mid 80's, but that's just my opinion

She lives in Vancouver, so that's where she'll be going through. It's just hard, because we had to try to set a date far in advance so that her family would be able to plan to get down here. I just wish she could move down here and live with me until we get married, but it is clear that is not an option.

AnewKINDofFEELIN

Male

Canada

2007-05-29 18:08:00

Welcome "AnewKINDofFEELIN". Yes, your fiancée can come into the country as a visitor, providing she can provide enough ties to Canada to convince CBP that she is returning (amongst the usual types of issues which may provoke a refusal. i.e. drug convictions, etc).

Unfortunately, if you plan on filing for the K-1 Fiancée visa you won't receive it by your planned wedding date (November 10th). Really, you won't be able to make any firm wedding plans (on the K-1) until the visa is in hand.

I'm not really getting the August 10th entry reference unless you are somehow tying that to the 90 day marriage rule following entry to the U.S. This rule only applies to beneficiaries with the visa in their passport.

You need to be aware that the fees will be jumping on July 30th so when you know what you want to do you should get right on it.

All the best and congratulations on your engagement.

Did he ask how long you would be visiting for or give you a time limit?
Canadians are allowed to be in the U.S. for up to six months in a one year time period.

Yeah, it was regarding the 90 day limit on the fiancee visa. If I file the application within the next couple weeks, we should have it by August or so, right?

AnewKINDofFEELIN

Male

Canada

2007-05-29 17:57:00

As long as they let her in, she can come and visit and stay for as long as she is legally allowed to. Many couples visit each other during the I-129F process.

If you search around here - I would check the Canada regional forum too - you'll find information on how to safeguard entry. I think the situation is probably slightly different for Canadians, since you may cross on foot/by car. I think you implied she'd be entering via an airport?

I visited my Fiance via Atlanta then LAX on Thursday. After being grilled in Dublin last year I was very afraid. I took bank statements, copy of my police check, letters from my employer, payslips, credit card bills, mortgage statemements. I got the meanest looking HS Officer - not the friendly looking grandad type at the adjacent desk. I walked up and told him honestly that I was there to see my fiancee. "Have you set the big day yet?" he said, smiling. "Not until you guys give me my visa" I replied. He then proceeded to tell me that his wife was Australian, we exchange anecdotes about the weather, and he sent me on my way. The documents never left the bag.

Did he ask how long you would be visiting for or give you a time limit?

AnewKINDofFEELIN

Male

Canada

2007-05-29 17:51:00

As long as they let her in, she can come and visit and stay for as long as she is legally allowed to. Many couples visit each other during the I-129F process.

If you search around here - I would check the Canada regional forum too - you'll find information on how to safeguard entry. I think the situation is probably slightly different for Canadians, since you may cross on foot/by car. I think you implied she'd be entering via an airport?

Yeah, she will be entering via airport. Do you have any idea how long she can visit for?

AnewKINDofFEELIN

Male

Canada

2007-05-29 17:45:00

I am looking to get married on November 10th. However, that means that my fiancee cannot come down until the 10th of August. However, as we just got engaged and I had to leave Canada 3 days later, I feel like this VISA business is trying to tear us apart. I know that's not the case, but it's making it hard.

I am starting a new job, fresh out of college, so I cannot afford a bunch of back and forth flights to Canada or for my fiancee to the US. How should we file? I know that I have to file a 129f soon, but can she enter the country as a visitor while that application is pending? Can she come into the country as a visitor and stay while the I-129f is pending?

Please. Any help is greatly appreciated. Lectures....not so much.

AnewKINDofFEELIN

Male

Canada

2007-05-29 17:40:00

Conflicting info about filing center for I-129F

It would be really nice if they could correct ALL information pertaining to where to send your application. I sent mine to Texas in July, only to have it routed to Vermont...along with a full month of delay on the NOA1.

I should be one of those "any day now" people, but I'm a "hope for this year" person instead.

AnewKINDofFEELIN

Male

Canada

2007-11-26 13:46:00

reason for denial!!!!!

I'm so sorry you're having to go through this. It's a shame that lawyers are given rights and access that we are not, yet are incapable of proving themselves more capable.

I wish you the best of luck in moving forward. Just keep in mind that it wasn't an outright denial, so don't get too down about it.

AnewKINDofFEELIN

Male

Canada

2007-11-26 16:48:00

Receipt Date vs Notice Date

QUOTE (mox @ Nov 28 2007, 09:02 AM) <{POST_SNAPBACK}>

USCIS will go by your received date with regards to processing your petition. So they'll be using your July date, not the notice date. Best of luck to you!

Well, that's good to know. I still won't get my hopes up for a Christmas present, though.

AnewKINDofFEELIN

Male

Canada

2007-11-28 10:37:00

Receipt Date vs Notice Date

QUOTE (ifergeta @ Nov 28 2007, 06:00 AM) <{POST_SNAPBACK}>

QUOTE (oneder @ Nov 27 2007, 10:01 PM) <{POST_SNAPBACK}>

QUOTE (ifergeta @ Nov 27 2007, 10:53 PM) <{POST_SNAPBACK}>

Although I have been a lurker on the forum for some time now, and have found all of the information you all provide to be invaluable, I find myself with questions concerning the receipt date and the actual NOA1 date. I am hoping that perhaps some of you may have run into this same problem or could shed some light on the topic. Any advice would be greatly appreciated!

The received date on the NOA1 does show July 28, 2007, with a Notice date of August 21, 2007. This was due to the deluge of of applications received by the service centers at that time I am sure.
My confusion with this is that if I login to the on-line case status, which I do at least 30 times a day, it shows they received it on August 21, 2007.

Soooo, which one is VSC going by?

Thanks again for all of the information everyone has shared on this site!!

well i know when i call, they tell me they are going by the notice date.. so it seems that they will go by the august 21, 2007 date.. so even though they received it before july 30th, which is a good thing(lower fee), the actual date they are going by is august 21st.. they said 6 months on the website, then you should know whether or not you are approved.. sometimes, it's sooner.. that is their guesstimation date of course... i had to stop calling because it was depressing for me to hear the same date over and over again of when i got the notice

.. anyway, i hope this will help.. God bless

Thank you so much for your reply. I guess what is concerning me is that on the USCIS Application and Receipting Update site this is what is stated:
"Date Received in Mailroom – USCIS will honor the actual date that an application was received in our mailroom; this date will be indicated on the receipt (in the Received Date box) when Form I-797, Notice of Action, is mailed. You can see a sample Form I-797 under "Related Links" on this page. If your case is affected by the receipt delay, arrival of your receipt may take up to 12 weeks for adjustment-of-status applications and 15 weeks for naturalization and other applications.
Weekly updates on Receipting – Until this situation is resolved, USCIS will provide these weekly updates on progress in issuing receipt notices to our customers. Additional information is available in Frequently Asked Questions, located under "Related Links" on this page."

I have asked our attorney as well about it and he states it should be the July 28, 2007, however he stated that the August 21, 2007 is the date of notice of receipt being issued. I will need to contact him again today because I would like him to contact the service center to find out why it is not changed, and hopefully to have them change it or better yet have them take a look at our application and hopefully start working on it....

I'm in the same situation, except they pushed my NOA1 back to August 28th. You may be able to badger them enough to get them to adjust your date, which I doubt, but even if your date is changed, you will still be behind many people. Don't expect a sudden approval.

AnewKINDofFEELIN

Male

Canada

2007-11-28 08:38:00

K-1 denied...

Maybe Daisy is just bored and likes the attention of being told the same thing over and over again.

This is my advice....................................................

AnewKINDofFEELIN

Male

Canada

2007-12-04 17:54:00

USCIS Site

QUOTE (Meg and Grae @ Dec 6 2007, 08:56 AM) <{POST_SNAPBACK}>

Hi everyone,
Sorry if this question has been asked before. I haven't been on VJ for awhile because we got our NOA1 and I'm just waiting...waiting...waiting now. But anyway, I signed onto my USCIS.gov account today and noticed that there was a date under the last updated column of 11/05/2007. Is this when I signed in last? Or does this mean someone on their end is doing something to the case, ie a touch? Just wondering.
Thanks in advance, Megan

Your NOA1 date is 11/05/2007. I can see that from your timeline. It was last updated when they processed your NOA1.

AnewKINDofFEELIN

Male

Canada

2007-12-06 13:40:00

How do you get a police certificate

You could always punch a cop and take one from him.

AnewKINDofFEELIN

Male

Canada

2007-12-11 17:48:00

Is this true?

QUOTE (Kratos @ Dec 11 2007, 04:43 PM) <{POST_SNAPBACK}>

From what I have seen in some of the timelines and heard from several people...

Does the USCIS prioritize certain countries visas over others? Or are most delays due to the paperwork not being in order?

No, some countries take longer based on their consulates. The service centers process by received date only (minus some flubs). Some countries take longer than others because of marriage brokering issues, etc, but it's not a matter of prioritizing.

AnewKINDofFEELIN

Male

Canada

2007-12-11 17:47:00

NOTHING...yet

I waited a month for NOA1.

AnewKINDofFEELIN

Male

Canada

2007-12-19 14:25:00

Age requirement for K1

QUOTE (wlchan @ Dec 18 2007, 04:42 PM) <{POST_SNAPBACK}>

So should I go straight for the K3, go for the F1 then K3, or do you guys still think I should go for the K1?
Another question, if she comes over as a permanent resident, does she need a toefl score to get into college or does she have the same requirements as US citizen (SAT and High School transcript)?

She cannot come to the US on a student visa with the intent of getting married and staying. If they do at any time find out that she came on a student visa with the ultimate intent to marry you, the K-1 visa will be denied and they may also decide to revoke the student VISA, as it was obtained fraudulently. You're really pushing the legal limits in your scenarios and I would not recommend it.

Edited by AnewKINDofFEELIN, 18 December 2007 - 05:53 PM.

AnewKINDofFEELIN

Male

Canada

2007-12-18 17:52:00

withdrawn of tourist visa

My fiancee went through a similar situation in Vancouver. The guy basically told her she couldn't enter for 5 years without the k1 in hand. It was total BS and has really given me a very cynical view of our immigration service.

AnewKINDofFEELIN

Male

Canada

2007-12-26 18:12:00

Marrying First Cousin

QUOTE (meow mix @ Jan 3 2008, 04:30 PM) <{POST_SNAPBACK}>

QUOTE (Aschaal03 @ Jan 3 2008, 03:49 PM) <{POST_SNAPBACK}>

QUOTE (meow mix @ Jan 3 2008, 02:01 PM) <{POST_SNAPBACK}>

QUOTE (Aschaal03 @ Jan 3 2008, 02:29 PM) <{POST_SNAPBACK}>

I would think it would be very hard to believe, due to the closeness of the family relationship of first cousins. You'll need some kind of really good, concrete evidence. I'm not even sure what that would be. If I was an immigration officer, I would think you were just trying to get your cousin into the country through any means possible.

But you're not an IO, and who's to say first cousins are that close?

I've seen mine twice.

If you're talking about blood, that's all covered in state laws.

I am talking about blood. I'm not at all close with my first cousins, I'm just talking about the closeness of the blood-family relationship. I never claimed to be an IO, I said if I WAS this is the way I would look at it. I think it's important to put yourself in the interviewer's shoes to see what questions/concerns they might have.

Which has already been brought up, and if they have strong evidence, shouldn't be an issue.

If you have such an issue with it, write to your congressman.

Yowza. I don't think (s)he has an issue with it. I think you may be combining two posters here.

AnewKINDofFEELIN

Male

Canada

2008-01-03 17:36:00

Marrying First Cousin

QUOTE (rebeccajo @ Jan 3 2008, 02:31 PM) <{POST_SNAPBACK}>

Eh.

Everybody's just rubber-necking the thread anyway, you know.

Kinda like a JerrySpringer-ish trainwreck.

I'm just waiting for a fat chick wearing a diaper to chase a midget transvestite through here.

AnewKINDofFEELIN

Male

Canada

2008-01-03 15:44:00

Should I hire a Lawyer?

QUOTE (lancer1655 @ Jan 24 2008, 11:04 AM) <{POST_SNAPBACK}>

Now despite what I said previously I may hire a lawyer in the future. I'm awaiting an noa1 from my second application (my first one went missing from USCIS) and after nearly two weeks i still have no noa1 (and noa1 wait times are currently about 4 days). My fiance is visiting on a VWP in a few months, and if my case is lost we may get married here and immediately adjust status. I'll probably need to a lawyer to help prove that she had not intended to immigrate on VWP and that intention changed after we discovered the second file was lost.

That being said, i'm probably overreacting and they are probably confirming that i did in fact send an application in sept. before they issue my notice.

Slippery slope. It took them a month to issue me NOA1.

AnewKINDofFEELIN

Male

Canada

2008-01-24 18:08:00

Service Center priorities

No joke, I would definitely think that them approving 22 October filers before June and July filers would definitely fall under USCIS error. Unfortunately, they'll never admit that they're processing October petitions.

AnewKINDofFEELIN

Male

Canada

2008-01-16 17:29:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

K-1 Fiance(e) Visa Case Filing and Progress Reports

QUOTE (Bill y Bella @ Dec 5 2007, 01:14 PM) <{POST_SNAPBACK}>

I knew I had seen it somewhere. Here is the reference to the special RFE envelope.

"If the packet is being resubmitted in response to a REQUEST FOR ADDITIONAL EVIDENCE, please place the notice requesting the additional evidence/information on the top of the packet. Also, please use the special mailing envelope provided."

It comes from the VJ General Tips On Assembling Applications For Mailing.

However, in looking for this I saw one post that referenced these tips and said that there was no envelope.

If anyone wants to do some reading on RFE's there is a link to a decent RFE thread in my signature. Go to the thread and then search for envelope (in the lower left hand corner search box) and you will find some posts on how to respond to a RFE.

Bill, do you mind adding me to your list?

AnewKINDofFEELIN

Male

Canada

2007-12-05 14:22:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

QUOTE (Bobalouie @ Dec 4 2007, 07:38 PM) <{POST_SNAPBACK}>

I am obviously not against immigration, I enthusiastically endorse it, for the people who want to come here and embrace a new way of life. When we visit our significant others countries, we do not go to their country and impose our culture on them. People who come here illegally, are many times imposing their culture on us. How many of your significant others speak a language other than english? Did any of them refuse to learn english when they come here? My guess is probably not, because they want to embrace a new life and a new culture. I am not seeing much of that behavior from the illegal population.

Who is imposing their culture? Are they forcing you to watch Telemundo or something?

AnewKINDofFEELIN

Male

Canada

2007-12-04 20:59:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

QUOTE (Bill y Bella @ Dec 4 2007, 05:00 PM) <{POST_SNAPBACK}>

QUOTE (AnewKINDofFEELIN @ Dec 4 2007, 05:02 PM) <{POST_SNAPBACK}>

That said, La Mexicana Taqueria Juanita next to my apartment is amazing and I try to "hablo espanol" whenever I am there. Mexican immigrants bring authentic mexican food, and I loves it.

Sometimes it's easier than speaking Canadian eh?

I remember once I tried to have a conversation with a Canadian truck driver from way up north. He was speaking english but I did not have a clue what he was saying.

Haha. Well, I'm from Louisiana, so I can't really say anything about that. I think I'm probably the hard one to understand. At least I have a drawl that slows me down so that you have time to figure out what the hell I'm saying.

My SO always messes with me about talking so slow. I'm OCD and can't stand to misspeak, so I tend to slow down and make sure each word is correct. If something is wrong, I have to go back and immediately correct myself.

QUOTE (cjindia @ Dec 4 2007, 05:32 PM) <{POST_SNAPBACK}>

QUOTE (AnewKINDofFEELIN @ Dec 4 2007, 06:31 PM) <{POST_SNAPBACK}>

Well, you are not even out of order yet. There is nothing the Senator can do but to ask VSC to speed up in general. There are still petitions in front of yours and it would be illegal for them to move you up at the Senator's request.

Seriously, you shouldn't even be calling yet. If you aren't touched by January, then you should start barking.

I thought there were people approved from Aug already?

There are, but only like 6 and they sent I-129f on July 25 at the earliest. Seriously, there's nothing the Senator can legally do about your particular case. Wait a week or two before getting too anxious. I say this because you and I are in the same boat and I am driving myself crazy.

AnewKINDofFEELIN

Male

Canada

2007-12-04 18:35:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

AnewKINDofFEELIN

Male

Canada

2007-12-04 18:31:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

That said, La Mexicana Taqueria Juanita next to my apartment is amazing and I try to "hablo espanol" whenever I am there. Mexican immigrants bring authentic mexican food, and I loves it.

AnewKINDofFEELIN

Male

Canada

2007-12-04 17:02:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

There is quite a lot of ignorance in Navarette's article. I think the only way to stop illegal immigration is to put tarrifs on countries like China and India that use super-cheap labor, which would make american products with american labor more cost-competitive. To compete with the cost of Chinese goods, a lot of american countries are forced to use illegal immigrant labor.

If you don't want illegal immigrant labor, stop shopping at Walmart. The super budget stores are driving prices down to unreasonable levels.

AnewKINDofFEELIN

Male

Canada

2007-12-04 16:56:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

QUOTE (amrssnowangel @ Dec 4 2007, 07:05 AM) <{POST_SNAPBACK}>

I hope everyone waiting is blessed with their noa2 very very soon. I know how hard it is to come here and read all these approvals.....

First I want to thank ALL of you for your support and putting up with my mood swings...I know this is hard. For those not approved yet, you time IS coming...I think they are getting the message and the pressure is on to get those April, May, June filers waiting approved. I just hope your noa2's come soon.

With that said...Im happy to announce...that...

WE HAVE BEEN APPROVED!!

AnewKINDofFEELIN

Male

Canada

2007-12-04 08:16:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

QUOTE (Bill y Bella @ Dec 3 2007, 08:43 PM) <{POST_SNAPBACK}>

Camila & Walt (Camila Colamarte). Sent 7/25. NOA1 8/22. Approved 12/3 (Don't freak out about the NOA1 date. It is the sent date that is the most relevant IMHO.)

Very similar to my case. It makes me feel better. You can imagine my shock when I got NOA1 a full month after they received my packet.

AnewKINDofFEELIN

Male

Canada

2007-12-03 22:34:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

I would definitely vote against Senator Webb when his term is up. Senators tend to forget that they are merely representatives of their jurisdiction. That has been the problem with the direction of our government. They're no longer working for us, the citizens. They're working for lobbyists and special interest groups.

QUOTE (Bill y Bella @ Dec 3 2007, 04:12 PM) <{POST_SNAPBACK}>

Is there a way to check the USCIS online case status without logging out and then in again each time? When I refresh the page I get this message: "Access To Selected Resource Not Authorized. You have not Logged In or Your Session has Timed Out." Then I need to log out and start over. I am using Internet Explorer 7.0.

Thanks.

Click on the receipt number, then you can go back by clicking "Return to Portfolio List"

AnewKINDofFEELIN

Male

Canada

2007-12-03 17:17:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

Good morning, everyone. Here's hoping that VSC has one hell of a day of approvals.

AnewKINDofFEELIN

Male

Canada

2007-12-03 09:50:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

QUOTE (Steph1973 @ Nov 29 2007, 12:20 PM) <{POST_SNAPBACK}>

I am so ready to get in my car and drive to Vermont and see what the dealio is.

Don't do it. They'll upset you and you'll end up getting in trouble for telling them how wonderful they are.

AnewKINDofFEELIN

Male

Canada

2007-11-29 13:25:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

The NOA2 that people keep thinking is August is actually a July file. It keeps people like him from being screwed by having to wait a month for NOA1.

NOA1 and Received date are too different things, and you are supposed to be put in line based on received date. I think that's only fair. He may be a little later in July than some, but it's still a July file.

AnewKINDofFEELIN

Male

Canada

2007-11-28 18:20:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

QUOTE (OsLoraTamm @ Nov 28 2007, 11:50 AM) <{POST_SNAPBACK}>

I am sorry guys......I have to stay off of here for a little while.....I can not stop crying......this is way too stressful to me....and now Oscar is constantly asking me about it...and July approvals keep coming and I am loosing it......I wish everyone the best and Congrats on there approvals....Lora

Stay strong, Lora. There's really not much we can say to make it easier, but I hope to see you back here with better news.

AnewKINDofFEELIN

Male

Canada

2007-11-28 12:51:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

Bump.

Where be the list?

AnewKINDofFEELIN

Male

Canada

2007-11-27 16:43:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

QUOTE (ZeeNusah @ Nov 27 2007, 10:00 AM) <{POST_SNAPBACK}>

Not everyone deals with this process in the same way and not everyone believes that God is in control.

Exactly, I was completely unaware that God worked at the Vermont Service Center. Well, if he does, I hope he processes my I-129F soon or I may join a pagan cult.

Everyone here (save a handful of people who filed in September) has a right to complain. It's a message board and VERY easy to ignore complaints if you don't want to read them. I promise posts containing complaints will not continuously pop-up in a message box until you read them thoroughly.

AnewKINDofFEELIN

Male

Canada

2007-11-27 11:09:00