ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresPictures as evidence

Maya,

Keep in mind that petition processing by the USCIS and visa application processing at a consulate are two separate and distinct things, some different issues are involved.

Yodrak


...

Imho, photos can only help. We got our petition approved with only 3 photos (and lots of other evidence: boarding passes, visas, credit card statements showing payment for airline tickets, itineraries, etc...), but when my fiance dropped packet 3 off at the (high fraud Asian) consulate, he was told to come back TOMORROW :o for your interview and bring more pictures!! Fortunately we had a few more.

...

Maya



Yes, I understand. That's why I listed the other evidence we submitted with the petition, since the OP is asking about the petition phase. I understand the petition must show proof they have met in the 2 year window, and photos are only one piece of the puzzle, and likely optional. I think I read at least a couple of year's worth of those denials that Aussiewench is reading.

I guess my point was that photos can serve an important purpose down the road at the time of the interview, and since perhaps with the OP, as with many long-distance couples, photo ops together may be few and far between, they should probably take advantage of their current opportunity. Even if they don't use any photos for their petition, they are likely to find that they come in very handy at the Consulate.

I understand it is important to be clear about what varying role photos can play during the various phases of the process, but I can't imagine anyone advising NOT to take photos if there is an opportunity (even if it takes a little extra effort... like asking a stranger to take your picture at Walmart... lol).

Just trying to be helpful... :blush:

Maya
maya62FemaleNepal2006-02-16 09:19:00
K-1 Fiance(e) Visa Process & ProceduresPictures as evidence
If you are together now, do get a few pics together! Heck, get the camera at Walmart and ask the Greeter to take a photo of you! :P They don't have to be works of art, but I think it is much better to have lousy/goofy pictures than no pictures. I wouldn't spend the money on a family portrait just for your petition, but if you want one anyway...

Imho, photos can only help. We got our petition approved with only 3 photos (and lots of other evidence: boarding passes, visas, credit card statements showing payment for airline tickets, itineraries, etc...), but when my fiance dropped packet 3 off at the (high fraud Asian) consulate, he was told to come back TOMORROW :o for your interview and bring more pictures!! Fortunately we had a few more.

As many have said, they are part of a total "picture".

Best wishes!

(F)

Maya
maya62FemaleNepal2006-02-15 16:09:00
K-1 Fiance(e) Visa Process & ProceduresCase status online question...
The USCIS case status online for our petition has not changed since they approved it last summer (see timeline in signature). We are now going through the AOS process but have not yet been able to enter our receipts for AOS, EAD and AP (although NOA's were issued about a month ago). Go figure.

Congratulations on your approval and good luck with the rest of your journey!

Maya
maya62FemaleNepal2006-02-22 13:44:00
K-1 Fiance(e) Visa Process & ProceduresStrange voided 129F notice
If I had to take a wild guess, I'd wonder if maybe the employee who issued the first one may have had problems that resulted in all of his/her work being reviewed and or redone. Or maybe they had a computer malfunction that resulted in the loss of records, including yours. Just wild speculation, but those are the first things that come to mind.

Hopefully, it is no more than a wee bump in the road of your visajourney! Good luck!

Maya
maya62FemaleNepal2006-05-09 07:51:00
K-1 Fiance(e) Visa Process & ProceduresI am ready to pull all my hair out!!!!!
:yes: I can relate to the OP's complaint, too. In our case, I think my then fiance was slow with certain items for several reasons including the fact that time is viewed very differently in their culture, the fact that he is a man (and ever-so-slightly resistant to taking direction from a woman), and also the fact that some of the things I asked him to do/get were just not readily available or available in the same fashion they are here in the States. I erred on the side of caution and over-preparedness, so some of the things I asked him to do/get were not needed (read too many horror stories on VJ... lol).

It is now ancient history and we are very happily married since last November.

So hang in there!!!

:luv:

Maya
maya62FemaleNepal2006-06-02 10:26:00
K-1 Fiance(e) Visa Process & ProceduresWrong gender in K-1 visa: Does this create problems at the POE?
My stepson's visa had the wrong gender. We took it back to the consulate and they agreed that it should be changed. It took them 2 weeks to change ours, but I think that was just a function of it being a festival time in a country that is interminably slow to do almost everything (Asian consulate).

I would take your plane tickets with you to the consulate and explain that you have a flight booked and ask if there's anyway they can accomodate you. Hopefully, they'll help you promptly as it is their mistake (although I wouldn't phrase it that way to them... :blink: ). It may also help to have the USC give them a call or a fax... my husband (non-USC) was given the run around about getting the visa changed, but when I went in to the consulate myself (I am the USC), I was helped promptly. A very nice (native) guard suggested discreetly that I do this after seeing us wait in the lobby for nearly 2 hours. My husband had already been there twice before at that point. :wacko:

The way they made this change was to stamp the incorrect visa "Cancelled without prejudice" in his passport and simply afix a second visa to a later page in the passport. At the POE they mentioned this and I explained what had happened and the CPB officer said it was a good thing we had it corrected because it could've caused problems had we left it as it was.

Good luck!!

Maya
maya62FemaleNepal2006-06-15 07:00:00
K-1 Fiance(e) Visa Process & Procedurespotentially stupid question
Threads like this one are what helped me decide that we should go through JFK and get that temporary work authorization, and I thought I'd chime in and advocate it here for any newbies who might be reading this thread and are considering it.

Even though it is only for 90 days, it was WELL worth it for my husband, just to give him an opportunity to get out of the house and speak with other people and earn a little money. As luck would have it, he is still at that job (with a hiatus between when the 90 days were up and he received his 1 year EAD). It's not something he plans to do long-term, but I think it was definitely the right decision for us. I think he would've gone nuts at home and it's been a good chance to get a better feel for the culture and language as well (English is his 4th language and he has a strong accent).

To the OP, I wish you the best in resolving your challenging situation and I salute you for taking the time to deal with this stuff before marriage.

:star:

Maya

Edited by maya62, 07 July 2006 - 12:06 PM.

maya62FemaleNepal2006-07-07 12:05:00
K-1 Fiance(e) Visa Process & ProceduresOK, this might be a really dumb question
Don't feel bad, HW... we've all been there!! :luv: I think the "touched" question gets asked here at least once a month...

Maya (who still remembers puzzling about those very questions)
maya62FemaleNepal2006-07-11 12:38:00
K-1 Fiance(e) Visa Process & ProceduresG-325a erasure
My (now) husband made a mistake on his, he crossed it out and wrote the correct answer and initialed it nearby. We had no problems.

Good luck!

Maya
maya62FemaleNepal2006-08-15 07:25:00
K-1 Fiance(e) Visa Process & ProceduresRed flags or things that might throw a wrench
Sakurasama,

As others have said, each Consulate/country is different. I am curious... I see your country listed as "Tibet"... which Consulate will you be going through?

I am a divorced, female USC who petitioned for my younger Asian husband and his son with no problems (with the petition or at the Consular level :wacko: ). I did, however, take care to provide evidence that our relationship was/is within the bounds of normalcy in terms of his culture. This was done at the recommendation of an immigration attorney.

Feel free to PM me if I can be of assistance.

Good luck,

Maya
maya62FemaleNepal2006-07-31 07:15:00
K-1 Fiance(e) Visa Process & ProceduresHELP, URGENT !!
One suggestion, especially if you have trouble getting a letter from the hospital... you could try checking the local Houston paper(s) online for an article about the attack. The suggestion of a police report is good, too, if you can get it.

Whatever you decide, I wish you and your fiancee the best, and her father a speedy and complete recovery from this horrible event.

:(

Maya
maya62FemaleNepal2006-09-01 07:47:00
K-1 Fiance(e) Visa Process & ProceduresHELP!!! Mis spelling on the visa
There was an error on my stepson's K2 visa when my husband picked their visas up... he was listed as female! We got it corrected. Both the Consulate and the CPB officer who inspected us at JFK and whom I asked specifically about whether it was important, said it was important to get visa errors corrected.

We went through a different Asian post and had a similar time concern about plane tickets. In our case at least, the Consulate seemed much more responsive to the USC. They gave my then fiance the run-around for a couple of WEEKS until I went in and told them about the plane tickets and walked out with the corrected visa 15 minutes later. If you're not in Thailand, I'd call, fax or email the Consulate and explain the situation.

A misspelled name may not be as serious as a gender mistake, but the visa is such an important document for other things once your fiancee arrives here in the US. We needed it for getting the SSN, adding my husband to my bank account, getting driver's license, etc... not to mention AOS, which is through USCIS (not the State Dept who made the error) all of which are opportunities for some official to raise an issue about the misspelling. I would go to the trouble of fixing even a minor error now.

Just my $.02...

Best wishes!

Maya
maya62FemaleNepal2006-09-05 08:39:00
K-1 Fiance(e) Visa Process & ProceduresAnyone applied K1 without meeting each other in 2 yrs
If you take a look at these past decisions by USCIS on appeals, you will find many appeals of denials where the couple had apparently not met within the two years prior to filing the I-129F. Some tried to appeal based on hardship or the assertion that meeting would violate their custom or religion. The overwhelming majority of these appeals were denied.

Have a look... once you get used to the pattern, and how to pick out the relevant parts, it is kind of interesting, imho.

Best wishes, and I hope the marriage turns out to be everything you hope it will be.

(F)

Maya

Edited to add the link (duh!) http://www.uscis.gov/graphics/lawsregs/admindec3/d6/index.htm

Edited again to apologize... sorry I don't know how to make that an active link! :huh:

Edited by maya62, 11 September 2006 - 01:29 PM.

maya62FemaleNepal2006-09-11 13:27:00
K-1 Fiance(e) Visa Process & ProceduresK-VISA-WAT IF BOTH MET IN 2 YRS BUT NT ENGAGED
Good. Sounds like you are planning on meeting in person before filing.

Meauxna said it, and it bears repeating, that you must document this visit well. Boarding passes, passport stamps and visas, travel itineraries, credit card statements showing payment for plane tickets, PHOTOS (one VJ member even took a picture of the two of them together holding up a newspaper - showing a date - to submit for evidence), hotel receipts, restaurant receipts, emails planning the trip, all help to prove that you have, in fact, met each other during the required time frame.

Best wishes, and I hope you have a romantic visit despite your compulsory agenda (I bet your future bride would really appreciate that, too...).

:yes:

Maya
maya62FemaleNepal2006-09-12 12:26:00
K-1 Fiance(e) Visa Process & ProceduresQ18 Review please :)
Just my opinion:

If your relationship is fairly conventional in terms of the culture of both the USC petitioner and the foreign fiance(e), then a short answer to Q 18 is probably just fine.

If, however, there are aspects to your relationship that may give either the USCIS or the DOS pause, then Q 18 is the first opportunity (especially for the USC) to explain and/or personalize their situation for the reviewer(s). One should take care not to raise further unnecessary questions. If there is something that you as a couple, or the USC in particular, would like to get across to the reviewer(s), this is one opportunity. I agree it should be succinct and, especially if more details are provided, carefully worded. If you want to touch on a special aspect of your case, in order to avoid raising more questions than you resolve, take time to read and learn more about what has caused problems for others.

Best wishes to the OP...

(F)

Maya
maya62FemaleNepal2006-09-25 08:12:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Advise

I was going through the K-1 documents and I'm not sure how to go about my situation. I speak english and some spanish. My girlfriend speaks spanish and some english. Problem is how can she fill out the papers she needs to fill out if she can't read it in spanish?


I'll assume from your post that you are the USC and your girlfriend (fiancee?) is the non-USC. And I'll assume because this appears to be your first post that the "papers" are those associated with the I-129F, which for her would mean the G-325A.

It is easier for people here to help you if you provide a little more information (ie, who's who, what specific papers you are asking about, etc...).

That said, I can tell you what we did. My (now) husband, the non-USC, gave me all of the required information for the G-325A (4 nearly identical pages) and I filled them out online and sent them back to him for his signature. For us, this was more of a matter of my wanting to produce a neat document than it was a matter of language, but you could do the same. I believe some documents are available in other languages.

You may want to consider together how your fiancee might answer a Consular Official if/when they ask her, in her visa interview, how you two are able to communicate.

Best wishes on your journey, and welcome to VJ!

(F)

Maya
maya62FemaleNepal2006-10-22 14:34:00
K-1 Fiance(e) Visa Process & ProceduresEvidence of meeting in person is must?
As other members have said in the past... you are building a picture here. Each piece of evidence on its own may not be terribly strong, but it is the complete package that creates the impression formed first by the Adjudicating Officer (in the US, for the petition) and later by the Consular Officer (in India, at the interview). Everyone's suggestions for evidence are good.

Boarding passes show that, not only did you have a plane tickets, but you actually boarded the plane. A credit card statement shows payment for the flight. I'm sure passport stamps are good, too.

I have heard on VJ of people getting their petitions approved without any photos. I imagine their other documentation would have been pretty good...

Since you don't have photos, the suggestion of affidavits from those who spent time with you (together) while your fiancee was in India, sounds particularly helpful to me. And emails discussing the trip before and after might also be useful.

You might also suggest to your fiancee that she provide a somewhat more detailed answer to question 18 on the I-129 form (fiance(e) visa petition). Many people just use the space provided (one line) on the form, and write only one sentence. But you can write more, and I would think a little story - no more than one page- might be helpful in constructing this picture for the Adjudicating Officer who will be reviewing her petition application.

Best wishes!

(F)

Maya
maya62FemaleNepal2006-10-26 12:21:00
K-1 Fiance(e) Visa Process & ProceduresMy fiancee says she needs to own Land before moving here
Before this guy spends his money on a RT ticket to Malaysia, perhaps he should ask this woman to tell him exactly why she feels she needs a credit card to get a visa. Perhaps she is somehow misinterpretting something she's read, or perhaps she's been given bad information by someone else (who should, in turn, be questioned as to the source of their information...), perhaps it is a language problem. If that becomes apparent, he could chalk it up to misunderstanding and proceed with traveling to Malaysia to meet her.

But otherwise, I'd be very suspicious that this is a scam and meeting her is not necessarily going to improve this situation (remember.... some guys think with the little head!). And we've all seen folks in here who have been scammed by their partners, even (especially?) after spending time with them.

So, a trip to Malaysia may be appropriate at some point, but imho, it is not the first step to be taken here. This faint scent of Eau de Scam needs to be eliminated first, carefully but dispassionately.

Just my $.02

:unsure:

Maya
maya62FemaleNepal2006-10-27 12:24:00
K-1 Fiance(e) Visa Process & ProceduresNeed your opinion
I can't advise you what you should do, it is more of a consular issue, and you may want to consider posting on the regional forum for advice specific to your consulate.

That said, I can tell you what I did with my petition. As we went through an Asian post considered by many to be "high fraud", and I was concerned about the age issue (I, the USC, am 7.5 years older than my husband), I asked around much as you are doing now. I received good advice from knowledgable people here. This stood out: your petition may be the first thing the Consulate sees, and therefore a bit of evidence of your relationship, as well as perhaps some explanation of a potential red flag MAY be appropriate. In our case, marrying an older woman is contrary to the prevailing culture in my (then) fiance's country, but NOT contrary to my fiance's minority culture. So I wrote about that in a one page addendum to my petition. It was basically like a little one-page anthropology essay. I like to think it helped the CO understand our situation a little better. My husband wasn't even asked about the age issue at his interview. I don't know if we would've had a problem if I hadn't done that.

Best wishes, and you may get more help if you post more detailed info about your situation and/or post on the consulate and/or regional forums...

(F)

Maya
maya62FemaleNepal2006-11-07 15:28:00
K-1 Fiance(e) Visa Process & ProceduresK2
All you do at this stage is be sure to list her on your petition (I-129F). Once the petition has been approved and sent to the Consulate in your fiancee's country, your fiancee will have to submit separate visa applications, medical, etc... for her daughter.

Best wishes!

(F)

Maya
maya62FemaleNepal2006-11-14 11:23:00
K-1 Fiance(e) Visa Process & Proceduresnon-binding religious wedding allowed?

My one thought is, if she was turned down for the visa at the interview because she mentioned the ceremony, or turned around at the port of entry because of it, wouldn't it just be for the time it takes for them to check that we are indeed, not married?



Perhaps someone else can shed more light, but I believe the onus would be on you to prove you are not married. And how would you do that? And how long would it take?

I think you risk a much lengthier delay, such as the time it takes to either appeal/reopen whatever action they take with your case, or possibly to re-file for a K3 (because that may end up being a shorter route than some kind of appeal).

I wonder if anyone knows which route others took when turned around at the POE?

:unsure:

Maya
maya62FemaleNepal2006-11-30 08:24:00
K-1 Fiance(e) Visa Process & Proceduresnon-binding religious wedding allowed?
I am finally posting a response to one of these threads after reading a bunch of them and restraining myself. As someone who did have a religious, non-legal ceremony in my husband's country, and then fretted about it until the greencards were issued, I can say for my part that, although I love my husband dearly, I love his country dearly, I love his family dearly and I wanted them all to be happy, it was not worth the worry. If I had it to do over, I would've had just an engagement party.

I feel 100% confident that we are and were on the right side of the law the entire time, but I did NOT have confidence that all the officials whose hoops we had to jump through would see things the same way.

We did what William33 did, in hopes of doing DCF. When I got back to the states, I called USCIS in a panic and the IO laughed and told me to relax and file for the K1. Then I started reading about how the USCIS help line was called the MISinformation line, so I decided to check with an attorney. I checked with an immigration attorney, then a sort of multi-purpose attorney from my husband's home country who practices in NYC, then I sent my husband to check with an attorney from a list on the website of the US Consulate in my husband's home country. They all said we'd be fine. I saved everything they wrote in a special notebook to use in case of emergency.

I also ran across a case decision on the USCIS website that basically concluded that if a marriage is not legal enough to use to issue a K3, then it is not legal enough to REFUSE to issue a K1! Save that, too.

My (then) fiance was asked at the consular interview whether we had had some kind of a celebration! I had really stressed to him that he must not, under any circumstances, lie to the CO. I think the attorney that we checked with there, who was sanctioned by the Consulate, must've told the Consulate about our question. If that was the case, then the real test was whether my fiance would tell the truth about it. He did, and was issued a visa.

We mailed our photos back rather than carrying them in our bags when we traveled to the US. The CPB officer did not ask about a ceremony, but I was worried about it.

In fact, I worried right up to the AOS interview. As I said before... I was and am completely confident that we have obeyed the law, but it wasn't worth it to always be worrying about whether the next official would ask about it, how my husband would answer (English is his 4th language and he is from a high fraud country), and how the official would interpret that answer.

Just not worth it, imho. Listen to Zyggy! I completely agree with those who suggest a nice, safe engagement party. If you read this far, thanks! I'm glad to finally feel free to write about this issue.

:(

Maya

Edited by maya62, 29 November 2006 - 05:10 PM.

maya62FemaleNepal2006-11-29 17:08:00
K-1 Fiance(e) Visa Process & ProceduresBeginning K1 process and visiting fiance's country- timing ?'s
Well, I was worried about the address thing myself on our original petition, since the I-129F calls for a "street" address. I tried putting an addendum (and listing it on my cover letter) explaining that his mailing address was the GPO box, but it didn't work.

I think if I had to do it over, the ONLY address I would give on the I-129F would be the GPO box. Then his actual residence could be shown in the residence list on the bio form (G-325?). It's up to you, but you can follow the petition's progress from VSC (after you get your NOA2) through the NVC and they'll tell you when it was mailed to KTM. If you keep tabs on it from here using the Visa Svcs hotline of the DOS (202) 663-1225 , you'll know if you hit a snag. That's how I found out our stuff went to Manamaiju. Then if your packet 3 gets lost, you can tell Kumar and he can just pick another up at the Consulate.

Wow, I didn't know the police cert was only good for 3 months. I thought S's was good for a year, but maybe that's changed with the govt. If he's always been in KTM, it shouldn't be too hard. S had to get certs from his VDC police and District police before they'd give him the KTM/Nepal police cert, so his process took longer. Not to mention India... :hehe:

I'm so excited for you! I wish you guys the best of luck. Your Nepali is very good... did you learn just from talking to Kumar, or have you taken a class or something?

Maya

PS I call "S" "mero maya" at home all the time, but he informs me that when we go back to the village, I can't do that or everyone will laugh at us. :blush:




[/quote]

Hey Maya(this is how my emails to Kumar usually start, heehee!) :lol: ,

I was wondering how you guys were doing, from your timeline it seems like it all went pretty smoothly... Timikolaagi malai dherai khusi laagyo!!! :) I will go through my papers and see what I can dig up...I know I have the dated receipt they gave me when you pay to go through KTM Durbar Square now(cough *extortion* cough) and Kumar first wrote his email and mobile phone number when we first met...this is a precious piece of paper to me... ;)

He doesn't have a GPO box, usually I Fedex stuff to him and they call him for pickup(the Nepali address thing is definitely a factor), but I just emailed him telling him to ask about it, so we'll see...is there any way the embassy can hold his packet at the office and contact him by mobile phone? I remember you mentioning the police certificate...Kumar has lived in the same place his whole life (KTM) so I am hoping it will be relatively simple... according to this site the certificate cannot be any older than 3 months prior to the interview so would it make sense to request it now? I was thinking we would do this when I was in KTM in May, even if we begin the process now with the VSC(I live in NYC, so I assume that is the correct one).

As for Kumar's mom, we're leaving it to Shiva Pashupati and Maa Tara...Wish us luck...

Thanks again and wishing you all the best!!

Dolma & Kumar
[/quote]
maya62FemaleNepal2007-01-09 14:28:00
K-1 Fiance(e) Visa Process & ProceduresBeginning K1 process and visiting fiance's country- timing ?'s
Hi DBDB,

Nice to see you back... and sorry to read of your troubles with your fiance's mom. :blink: Oy. Good luck with that!

Regarding evidence.... you have the Nepali visa(s) in your passport from your last visit(s), which is/are good evidence. Boarding passes are great because they show you got on the plane, which an itinerary or plane tickets do now show, but I believe others have been successful without them. Do you have emails showing trip prep, either with your fiance or with a travel agent? Those may also be helpful. And any receipts showing restaurant visits, hotel stays, ATM withdrawals, etc... are also helpful. I can't tell you whether you should file now or wait, but...

If you decide to file after your May visit, it may interest you to know that I mailed our fiance visa application off to the Vermont Service Center (are you going through VSC?) in June 2005, and despite a 3 or 4 week delay on our part (long story), my (then) fiance and his son had their visas by the beginning of October 2005. He hand-delivered packet 3 to the Consulate and was told to come back the next day for the interview!

That is not to say it is that fast for everyone, and we have met another couple who had a much longer process (there was an infant involved, and the Consulate questioned the parentage of the infant).

Does your fiance have a GPO box at the central GPO in Kathmandu? That may help, too, as my husband's packet 3 wandered around Manamaiju for a week or two and never found him. Addresses and the mail system in Nepal, as I'm sure you know, are, uh, a bit unstructured. lol

And I'd get started on the police certificate(s) soon. They may send you on a goose chase for that...

Best wishes!

Maya

Edited by maya62, 09 January 2007 - 08:46 AM.

maya62FemaleNepal2007-01-09 08:45:00
K-1 Fiance(e) Visa Process & ProceduresQuestion for Asian K-1 petitioners... especially Korean
Looks like you need Korean fonts to understand, but this might be helpful:

http://en.wikipedia....Korean_language

Other than that, you might try the Korean Embassy here in the US...

Best wishes,

Maya
maya62FemaleNepal2007-01-22 09:50:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa dilema
Others have been in your position... hopefully someone will be along soon who knows about self-sponsorship. Sorry to hear your fiancee lost her job, but I bet if she's at a level where they even know what "severance package" means, she'll have a new job in no time. Maybe not her ideal job, but 4 months to look around is a very nice thing indeed.

My suggestion is, if asked, you should always be honest with the interviewer. And (someone correct me if this is wrong) the I-134 is not necessarily a problem, but I would be more concerned about the letter of employment that I believe is supposed to say something about the prospects for continued employment. I wouldn't submit anything that could be construed as misrepresenting the situation.

Keep checking back... someone will answer your question.

Best wishes!

Maya
maya62FemaleNepal2007-02-06 08:58:00
K-1 Fiance(e) Visa Process & Proceduresbenefits of using a lawyer?
FWIW...

As others have pointed out before in answer to this very question: NO ONE is as interested or invested in the success of your case as you and your fiance(e). There are lots of stories floating around about people who have spent a fortune on a lawyer (or lawyerS) and ended up having to use cattleprods on them to get anything done, having their cases languish on someone's desk for months, or worse, having to go after them and correct mistakes.

My personal opinion, having shepherded our cases (K1&K2) through to CPR status - and not without making my own errors :blush: - is that as long as you don't have a bunch of red flags on your case, it is quite possible, especially with the help of the fantastic people here on VJ, to do it yourself.

And if for some reason you unexpectedly get in over your head, you can hire a lawyer then. Carefully.

Best wishes!

Maya

PS Of course, if you have plenty of money and know a really good immigration attorney personally, and would rather sit on the beach on the Cote d'Azur than do your own paperwork, then by all means, have at it!
maya62FemaleNepal2007-02-06 16:49:00
K-1 Fiance(e) Visa Process & ProceduresFeeling a bit stupid.. but I have a question..
I doubt you will ever see your petition package again (we didn't). But it's not the end of the world... here are my thoughts on your situation:

I suggest you sit down now, while the memory is still hopefully somewhat fresh, and assemble a duplicate package. Two, actually... one for you and one to send to him. Try to remember your edits if you can, and make a note of any changes that could have been important (ie, if there's a date wrong and you corrected it with your edit). Just do the best you can, and when you're done, let it sit for a day or two and let your subconscious bring up any items you may have forgotten. Then send him one of the duplicate petition packages.

The petition goes from the USCIS service center to the NVC and from there to the Consulate in your fiance's country. Not sure specifically about Australia, but usually the Consulate sends the fiance(e) a set of forms called "packet 3", which contains the visa application(s) and instructions about the medical. I've never heard of a Consulate sending the petition package to the fiance.

Just make sure your fiance has all your personal information correct for his interview.

Best wishes!

Maya
maya62FemaleNepal2007-02-26 16:37:00
K-1 Fiance(e) Visa Process & ProceduresIs proof of meeting a cultural biased idea?
Yes, all cultures have a cultural bias, as do their governments.

We all have a choice about whether we want to deal with it, or live in our non-USC SO's country, or even in a 3rd country. Clearly, at least one of each couple here has a strong connection to the US and the couple has decided to live in the US culture.

The proof of meeting requirement does have an exception clause to it, provided you can prove that it contravenes your cultural or religious rules.

Maya
maya62FemaleNepal2007-03-01 10:21:00
K-1 Fiance(e) Visa Process & Proceduresname and address in native alphabets?
Yep, I told my (now) husband to please write it very neat and kinda big ("like a child would write" :lol: ) and fax it to me. I just copied it on to the form the way he wrote it. We had no problems.

Good luck!

Maya
maya62FemaleNepal2007-03-14 11:41:00
K-1 Fiance(e) Visa Process & Proceduresyikes, this is all so new and confusing!

Are you referring to the K1 visa? I don't
Technically, you could do a ceremony in Korea first but if the officer at the POE suspects he's already married, even if the cermony wasn't legally binding, you run the risk of him not being granted admission.


oops, k-1, yes..i'm thinking of several things at once.^^ hrm....good to know they might look on that with suspicion..thanks.


They may or may not, but the bottom line is - if he isn't married, then he isn't married. Wearing a nice suit and eating a particular kind of cake doesn't make you legally married in this country. Make sure you leave out any legal processes that would make a Korean ceremony legally binding and you should be fine.


Having gone that route (having two ceremonies... a non-legal one in my husband's country, and a legal one here), I would recommend against it. It is much easier to prove to anyone that you ARE married than it is to prove to a suspicious CPB agent at the point-of-entry into the US that you aren't. People have been turned around at the POE and sent back because of this. This process has enough worries and headaches to it without adding to them oneself unnecessarily.

Just my opinion,

Best wishes to the OP,

Maya
maya62FemaleNepal2007-03-19 14:14:00
K-1 Fiance(e) Visa Process & Procedurespls help

I agree with Rebeccajo you already have an attorney so let him/her handle things. As far as your fiance's drinking problem goes please, please , please be very careful and aware of what you are getting yourelf into. I have personal experience with an ex with a drinking problem I wouldn't wish it on my own worse enemy!

Best of luck to you :thumbs: :)

Adele



Exactly.

I also know that, when I was "falling in love" with the ex with the drinking problem, no one could have dissuaded me from that path. So, in the interest of making a constructive comment that may be helpful to the OP in the future: When I found that I was in over my head with the alcoholism, I found the folks at Al-Anon to be MOST helpful (although I really didn't want to hear what they had to say at first). It is a LONG road, but if one comes out the other end with one's sanity, life has the potential to be sweet.

Best wishes to the OP.

Maya

PS I agree that you need an attorney, maybe two.
maya62FemaleNepal2006-05-04 08:35:00
K-1 Fiance(e) Visa Process & ProceduresI'm freaking out :(

Hi kinzazza,

it's all good, :) don't feel stupid we all did a good share of "stupidity" on this forum. I know I did... here is what you should do, post all your K-1 related issues in K-1 Forum, then Consulate forum after you get your NOA2. Some of the forum is very specific to the people in each region, like some of them here are from southeast asia and AU. I'm a little bit confused, are you the poster is a beneficiary? Your husband/wife is USC?

If you're here already, why would you want to file for K-1? Why don't you go for the AOS after marriage? Sorry for the confusion if there is any...

Thanks


:) We filed for K-1 because I'm finishing up college in Bulgaria. Being a Moldovan citizen I have a Bulgarian visa that's expiring on May 30th. My hubby is a USC yes. He's a Maine resident so we filed at VCS...So no, I'm not in the US right now though i've been there for 4 times so far...The problem i'm having is the uncertainty of leaving the processing of the documents to Bulgarian or Romanian Consulate since I've no clue when i'm gonna receive my NOA2 :( so there :'(



Uh, not to interupt here or anything, but if the OP is already married, why are we talking about a K-1 visa???? :blink:

OP, if you are married already, the K-1 is not the correct visa! Hopefully, you are just using "hubby" as a term of affection (a habit I suggest you get out of before speaking with ANY official involved in this process).

Sorry to be harsh and/or the bearer of bad news.

Best wishes,


Maya
maya62FemaleNepal2007-03-21 07:22:00
K-1 Fiance(e) Visa Process & ProceduresMy Fiances son
I second what everyone said here, especially about third party "official" translations being better... especially if they have lots of stamps and certifications all over them... ;)

BUT do read through the translations and make sure everything is correct. Our experience was that there was an official place, recommended by the Consulate, to have translations done at a reasonable price, but they made LOTS of mistakes (this was in Nepal).

As others have said, the important thing now is to list him on the I-129F (and any other children she has, if any). When she gets Packet 3 from the Consulate, I believe you will have to fill out separate visa application paperwork for her son.

Best wishes!

Maya
maya62FemaleNepal2007-04-20 07:58:00
K-1 Fiance(e) Visa Process & ProceduresThink it's all over when you're visa arrives???
Well, I'm chiming in because the temp EAD from JFK is taking a hit and I thought I'd offer an alternative viewpoint.

At the time we were at the stage of deciding whether or not to come in through JFK, there were quite a few posts here on VJ about how the non-USC was going CRAZY sitting at home, waiting for a one-year EAD. I thought this was a risk in our case because we live in the country and without a driver's license and somewhere to go, I was concerned my husband would feel very isolated. So we went through JFK and he got the temp EAD. I had arranged a possible job for him with someone I know who was willing to give him a shot, even with the understanding that he would stop working after 90 days and start again only after receiving the one-year EAD.

I am totally convinced that the temp EAD was the right choice for him/us.

So I just wanted to say that the temp EAD is worthwhile, imho, for some people. If keeping your partner from going stir-crazy or feeling isolated sitting at home is a priority, and JFK isn't too far out of your way, and you have a certain job in mind or feel the non-USC is immediately employable at a place that can offer some flexibility, then go for it!

$.02

Maya
maya62FemaleNepal2007-03-23 08:31:00
K-1 Fiance(e) Visa Process & ProceduresUnusual case
If the non-USC is entering into a union that is at odds with his/her cultural norms, one can expect questions at the Consular interview level. If, for example, in India it is very unusual for a man to marry a woman who is 16 years older than he is, the interviewing CO may very well call his motives into question, and he (the fiance) should be prepared for this.

Best wishes!

Maya
maya62FemaleNepal2007-05-09 10:09:00
K-1 Fiance(e) Visa Process & ProceduresBeginners here, we need help, we want to get married!
I'd hold on to the travel documentation/tickets, too, as evidence you did not intend to stay to adjust... take them to your AOS interview. At least you'll get something for your $900!

Good luck!

Maya
maya62FemaleNepal2007-05-18 12:20:00
K-1 Fiance(e) Visa Process & ProceduresFiance's weird mailing address
We had a similar challenge with Kathmandu. I just put the address on the I-129F as best I could, plus I put an additional sheet suggesting that they use the PO Box he got at the main PO in Kathmandu. They must not have seen my addendum, because they mailed packet 3 to the, ahem, "street" address, and it got lost. But I had been following the package by phone, so when it didn't show up on time, I sent my (now) husband in to pick up a second packet 3 at the Consulate. Which worked out fine.

I would just follow the progress yourself and intervene if it appears that something has gone astray.

Best wishes!

Maya
maya62FemaleNepal2007-07-06 07:10:00
K-1 Fiance(e) Visa Process & ProceduresHelp with K-1 issues
NancyB,

Extraordinary. I can't imagine deciding whether or not to file a petition for someone within 24 hours of meeting them in person for the first time.

Well, that aside, you will have fulfilled the requirements of meeting within the 2 year time frame prior to filing the petition. You must consider, however, how you can document this meeting in person sufficiently to convince USCIS that it occurred. That may be difficult to do in 24 hours. If I were as determined as you seem to be, I'd consider the idea of a photo of the two of you, in front of a well-known landmark, holding up that morning's English-language newspaper. And other things like your boarding passes, passport stamp(s) maybe a few more photos, and anything else you can think of. That will show USCIS that you met in the proper time frame.

Now proving to the DOS (the Consulate at interview time) that you have a real relationship... that is a little trickier. They might have some questions about the timing of things. Do you have lots of evidence of your relationship?

And excuse me for asking, but what's the big rush??

Best wishes,

Maya

Edited by maya62, 19 July 2007 - 01:03 PM.

maya62FemaleNepal2007-07-19 13:02:00
K-1 Fiance(e) Visa Process & ProceduresMY FIANCE HAS NO ADDRESS
We had a similar challenge in Kathmandu.

Since the I-129F seemed to ask for an actual street address, I put our best approximation, just like you did. We also got my (then) fiance a PO box and I made a BIG note on an extra sheet of paper clipped just behind the I-129F application, but apparently they didn't see it at the Consulate, because they tried mailing Packet 3 to the street address, such as it was.

What saved us was that I was following the progress of our petition. By calling the NVC and DOS info lines, I found out when it left NVC, when it arrived in Nepal, and I knew they had mailed Packet 3 to the street address. My (then) fiance went looking for it and was actually able to trace it through his neighborhood, first to a school, then to the village govt office, but then lost track. He finally just ended up going to the Consulate in person for a new Packet 3. Then we were back on track.

You may want to suggest that to your fiance, too, if he's not too far from the Consulate.

Good luck...

Maya
maya62FemaleNepal2007-07-27 15:58:00