ForumTitleContentMemberSexCountryDate/Time
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
K-1 Fiance(e) Visa Process & ProceduresUrgent Specific questions on K1 !! Pls Help !!!
I replied in detail to the OP on a thread in the Asia South forum, but I thought I'd post here, too, since this post is more likely to be read by him and others. A few thoughts:

Multiple visits to the non-USC's country by the USC show intent (and investment of resources) on the part of the USC. I would think it would do very little to allay suspicions a CO might have about the intent of the non-USC fiance(e).

An attempt by the non-USC fiance(e) to obtain a tourist visa, on the other hand, indicates effort/investment by the non-USC partner, whether it is granted or not.

To the OP: please also see my longer post in the Asia South forum.

And in answer to the question about how important are the Statements of Intent to marry... that is a sweet question, imho. Those statements are required, but I'm afraid they are not given a lot of weight... even sham marriages are marriages, so the statement isn't a lie, even for those who are otherwise dishonest about this whole process.

In this process, written words are important, but actions speak louder than words. As we say at work... document, document, document.

Best wishes!

Maya
maya62FemaleNepal2007-07-31 13:47:00
K-1 Fiance(e) Visa Process & ProceduresThis was extremely romantic...
I think his answer is fine. I wrote something similar.

Best wishes,

Maya
maya62FemaleNepal2007-08-14 14:22:00
K-1 Fiance(e) Visa Process & Procedurescan i file k-1?
QUOTE (flavorgreentea @ Aug 31 2007, 02:10 AM) <{POST_SNAPBACK}>
...my fiancee is actually here with me in the us.... NOW do yo think there's a problem of filing k-1???



Based on what you've told us, no. Suggest doing a quick assessment of the PROOF that you all have of meeting within the past two years. If you feel like you could use a little more proof (or just plain evidence of this visit in particular), run out and take a few pics together and with family/friends and/or together in front of a well-known landmark or two. You could always do the classic photo with today's paper...

Bon voyage to your fiancee (tell her to save her boarding passes!), and best of luck to the two of you.

Maya
maya62FemaleNepal2007-08-31 07:39:00
K-1 Fiance(e) Visa Process & Procedurescan i file k-1?
If you have not seen your fiancee in person since Sept 2005, then you'd better get that petition in SOON!

The requirement is that you must have seen your fiancee IN PERSON at least one time in the two years prior to filing your petition. And you have to be able to prove it (with passport stamps, airline boarding passes, photos, or some other kind of evidence that you submit with your petition).

If you can't get the petition in on time, or you don't have any evidence of meeting, then you may consider going to visit her again (keeping in mind the requirement for evidence of meeting) and then file your petition.

Good luck!
Maya

Edited by maya62, 29 August 2007 - 08:53 AM.

maya62FemaleNepal2007-08-29 08:51:00
K-1 Fiance(e) Visa Process & ProceduresProof of Meeting in an E-World
The matching passport stamps are good...

When I've used my credit card to pay for airline tickets, sometimes the itinerary and other info (maybe even names of passengers) actually shows up on the credit card statement, so I'd check your credit card statements to see what info they show.

And geez, I don't know what airline you're flying, but my old boarding passes don't weigh much tongue.gif Just messin' with ya...

Good luck!

Maya

Edited by maya62, 31 August 2007 - 03:17 PM.

maya62FemaleNepal2007-08-31 15:15:00
K-1 Fiance(e) Visa Process & ProceduresThe whole process is outrageous
Their first interaction with this cumbersome bureaucracy you're railing against was when they mailed the AOS app at the end of Feb 2007. They had the greencard by May 10. Three months. I see nothing to complain about.

M
maya62FemaleNepal2007-09-14 09:58:00
K-1 Fiance(e) Visa Process & ProceduresThe whole process is outrageous
Hmmm... I'd like to be able to respond by advising you to write your senator/congressperson and ask that the entire process be re-visited, but I'm afraid that for every constituent who has any appreciation for the difficulty of the legal immigration process (very, very few), there are hundreds of constituents who would like it to be even tougher to get into the US, legally or illegally, than it already is. I don't think things are going to be getting any easier with this climate of fear over terrorism.

So instead, I'll offer this:

Cultivate the serenity needed to accept the things you can not change, the courage to change the things you can, and the wisdom to know the difference.

You will get through this.

Best wishes,
Maya
maya62FemaleNepal2007-09-14 08:19:00
K-1 Fiance(e) Visa Process & ProceduresCan we get married here in the Philippines after I can have my K1 Visa?
Sorry to say it, but that would be a very bad idea. The K-1 is for a fiance(e), not a spouse, and despite it seeming a bit counter-intuitive, they will not be happy if you marry and then try to come into the US on a fiance(e) visa. I know, I know, you have to get married eventually, so why not there just as well as here. They (USCIS) don't see it that way.

The next question might be: how about a non-binding religious ceremony, just to make the non-US partner's family happy? While not completely against the rules (like a legal marriage and then entry on a fiance(e) visa would be), it is still risky in my opinion. If any official even "smells" wedding/rings/photos of the not-bride/calling one another "wife" or "husband" by accident/etc... you could be in for a world of trouble.

I'm sure others will have something to add. This question seems to get asked several times a week here.

Best wishes, OP...

Maya
maya62FemaleNepal2007-10-02 07:48:00
K-1 Fiance(e) Visa Process & ProceduresMy visa journey is over right here
Ditto what Mel and Syl said.

Who cares what we think about the whole thing? We're just a bunch of total strangers! When you care so much about what strangers think, that is your ego(s) playing tricks on you. Talk to each other.

Best wishes,

Maya
maya62FemaleNepal2007-10-11 07:29:00
K-1 Fiance(e) Visa Process & ProceduresK2 Interview
Our son was 9 at the time of my (now) husband's interview. He was interviewed in his own language (Nepali) and was asked:

What grade are you in school?

When is the last time you saw your Nepali (birth) mom?

Have you met your new American mom?

Did she ever send you anything?

Keep in mind that they were going through an Asian (read: high fraud) consulate. I would expect simple questions about the new family, if anything.

Best wishes!

Maya

edited to add: in Nepali culture, it is the norm to call women of your mother's age group "Ama" which means "mother" whether they are your biological mother or not...

Edited by maya62, 22 October 2007 - 12:52 PM.

maya62FemaleNepal2007-10-22 12:51:00
K-1 Fiance(e) Visa Process & ProceduresFiance Visa denial
Noll,

Keep in mind that, at the Consular stage, it will be HER intent that is in question. Anything that shows SHE has put some effort into this relationship (and isn't just looking for an easy ticket to the US) will be helpful. I was advised early on that an imbalance in effort is a red flag for you and the Consulate. Even though you are writing 8 emails to her 1, you may want to consider sending an equal amount from each of you to avoid raising this red flag. I understand why, but the Consulate may not see it that way.

Best wishes,
Maya
maya62FemaleNepal2007-10-22 13:16:00
K-1 Fiance(e) Visa Process & ProceduresGetting married during the process of a k1
This question has to be one of the most frequently asked on visajourney. There should be pinned thread about it.

You can have a non-legal ceremony before using a K-1, but a K-1 is a fiance(e) visa, not a spouse visa, and if anyone along the way (USCIS, Consulate, POE official) even smells a wedding, you could be in for a world of hurt.

It is much easier to prove you ARE married than to prove that you aren't.

We had a religious ceremony in my (then) fiance's country before I knew better, and I worried about it the whole way through. I would recommend against it.

Non-legal refers to the laws of the country of the non-USC.

Have a nice engagement party, but save the wedding for the US... that's my $.02

Best wishes,
Maya
maya62FemaleNepal2007-10-24 13:03:00
K-1 Fiance(e) Visa Process & Procedureshelp! what does rfe want from us?
You might consider asking your lawyer to clarify if there's something you don't understand.

If they are asking for a translation of a non-english portion of a document, then get it translated by a certified translator ASAP and send it on.

Best wishes,

Maya
maya62FemaleNepal2007-10-24 14:44:00
K-1 Fiance(e) Visa Process & Proceduresvisa rejected
QUOTE (rebeccajo @ Nov 15 2007, 11:18 AM) <{POST_SNAPBACK}>
Just to clarify......

There are two steps to the process.

The first is approval of the I129F, which is fairly rudimentary. It requires proof you have met in the last two years, that you are both free to and intend to marry, that the petitioner is a USC, and a few other minor clerical details.

The second is the consular phase. This is where the bonafides of the relationship will be reviewed by the consular official, as well as financials of the sponsor and the health and criminal backgound of the visa applicant.

It's important to be aware of what each phase requires and prepare accordingly.

As for the knarly attitude of some who think they know more than others, it's best to search around those posts. The information they have to offer is not worth the abuse.


Thanks for clarifying Rebeccajo... I was assuming (uh-oh) that the OP was at the Consular stage, but I see now she is waiting for I-129F approval.

To the OP, I also see from a previous post that you have had doubts about your fiance's intentions. Please take care and proceed with caution.

Best wishes,
Maya
maya62FemaleNepal2007-11-15 11:47:00
K-1 Fiance(e) Visa Process & Proceduresvisa rejected
QUOTE (reginaait @ Nov 15 2007, 12:59 AM) <{POST_SNAPBACK}>
QUOTE (Dan + Gemvita @ Nov 14 2007, 08:28 PM) <{POST_SNAPBACK}>
QUOTE (reginaait @ Nov 14 2007, 05:03 PM) <{POST_SNAPBACK}>
Hello,
Not that it matters all that much.. because I have done what I can do.. but how is a case rejected? or is it too vague to answer


Reasons to deny a visa are very specific with the exception of fraud question, is there a bonafide relationship? That is the only question that is up to the CO's discretion, everything else is pretty clear cut.

Do you pose a health risk?
Are you a security threat?
Are you likely to become a public charge?
Have you ever used drugs?
Have you ever committed a serious crime?

If you can answer no to all those questions, than the only thing you have to worry about is proving that you have a bonafide relationship.

thank you very very much.. There are no problems with any of the above. Iam in love and so his he.
To prove my bonafide relationshiop I have been three times to Italy to see my fiance Salah, and we speak a couple times daily. This process is just so daunting..Thank you again


Your trips to visit your fiance (provided you can provide documentation to prove they occurred) are great evidence that your intentions are sincere. If I were you, and with the limited information you have provided, I'd be making sure that my fiance has a way of demonstrating to a CO at an interview that his interest in and intentions towards you are also sincere.

What effort has he made in the relationship?

Has he taken an interest in you to the extent that he is fairly familiar with your family and your life and can answer questions about names, places, employment, interests, your past, your family, etc...?

These are the things a CO might be interested in checking out.

Just $.02... best wishes to the OP...

Maya
maya62FemaleNepal2007-11-15 09:27:00
K-1 Fiance(e) Visa Process & ProceduresNVC Letter Received!
Wow... congrats, Lovella!! Fantastic! kicking.gif kicking.gif kicking.gif

All good wishes for a speedy Phase II...

Big hugs,

MS&A
maya62FemaleNepal2007-11-16 09:05:00
K-1 Fiance(e) Visa Process & ProceduresHelp PLEASE WIFES FATHER DIED CAN SHE TRAVEL
Yes, with her greencard and passport, she is free to travel.

Very sorry to hear about her father.

Safe travels...

Maya
maya62FemaleNepal2007-11-16 13:11:00
K-1 Fiance(e) Visa Process & ProceduresHelp !!!
I would check very thoroughly to be sure you are not legally married in Peru. If you are not, both avenues are still open.

As a wise person here once said "it is much easier to prove that you are married, than to prove that you are not married."

I can't advise on which is faster, but if you choose K1 (so you can start immediately), you are going to have to be careful. On the one hand, lying or trying to hide anything (eg, about the ceremony that has already taken place) would be a BIG mistake. On the other hand, there have been posts here about fiance(e)s being turned around at the POE for using the word "wife" or "husband" when trying to enter on with a K1. So you need to understand about the process, the people involved, what their authority/role is, and how you and your fiancee need to behave.

We did essentially the same thing as you, but in Nepal.... we had a religious ceremony to please my husband's family. We then realized we had put ourselves in a bit of a quandry, consulted a BUNCH of people, including attorneys here and an attorney on a list recommended by the US Consulate in Kathmandu. Ultimately, we were cautious but truthful. We tried to avoid giving them photos where we were wearing our rings, but we didn't have many photos and they asked for more, so at the interview my (now) husband did give them photos with the rings in them. Whether because of our inquiry with the lawyer, or because of the photos perhaps, my husband was asked at the Consular interview whether or not we had had a ceremony, and he answered truthfully that we had. He was asked a few more questions about it, and his answers were apparently satisfactory because he and our son were granted visas.

We also took the precaution of not wearing our rings through the POE, and we mailed photos of our ceremony home to ourselves rather than carry them in our luggage through the POE.

Best wishes, whatever you decide, and remember to always tell the truth (and tell your partner to do the same).

Maya
maya62FemaleNepal2007-07-17 12:27:00
K-1 Fiance(e) Visa Process & ProceduresKathmandu Embassy Rocks!
FANTASTIC! good.gif

I'm just checking in after being away for Thanksgiving...

How exciting! Those folks must really be on the ball! Great letter, too. Can't wait to hear what's next...

Big hugs,

Maya
maya62FemaleNepal2007-11-26 09:12:00
K-1 Fiance(e) Visa Process & ProceduresI (L) Kathmandu Embassy
Oh, this brought tears to my eyes! I am SOOOO happy for both of you! I'll be biting my nails tomorrow (it is this Wednesday, right?), waiting for good news. Very best wishes for a smooth interview...

star_smile.gif

Maya
maya62FemaleNepal2007-11-27 08:30:00
K-1 Fiance(e) Visa Process & ProceduresWhy does USC need biometric?
This is bizarre. I've been reading this site for 3 years now and I've never heard of a USC having to do biometrics before. If it were me, I'd take whatever correspondence I've received from USCIS about this and go visit my Senator or US Rep.

This is probably just some kind of glitch with USCIS, but I'd get it straightened out now. I'd be worried that the further it goes, the more confusion it will generate along the way.

Requiring further personal information/data from a USC petitioner is (and should be imho) a big deal. Policy changes by USCIS are usually fairly well advertised in advance. While it is entirely possible that I've been asleep and missed it, someone here on VJ would've brought it up before you actually had to do it!

I would get more info from the immigration liaison who works for my Senator/Rep.

Best wishes,

Maya
maya62FemaleNepal2007-11-29 09:24:00
K-1 Fiance(e) Visa Process & ProceduresOur K-1 interview experience...
Lovella, thanks for posting this! Really made me smile. You even have the speech pattern, right down to the missing articles! We're working on that these days...

Congratulations again. And on the organization, too. I told S last night and he sends his congrats along too... he's convinced that if the USC is proactive and in touch with the Consulate, things go more smoothly for everyone. I think he may be right.

Best wishes for happy landings and the best Christmas ever...

MS&A
maya62FemaleNepal2007-12-04 08:21:00
K-1 Fiance(e) Visa Process & ProceduresPort of entry experiences (K1 Visa)
We came through JFK together as a family and had no problems. I would go so far as to say our IO was friendly. He reminded me of Liberace. goofy.gif

I am a proponent of the JFK route, especially if the non-USC's sense of self worth is tied to providing for the family. Even if they can only work that 90 days, they can at least get their feet wet and have a sense of the business community, rather than going out of their minds from boredom at home. I would love 90 days off, personally yes.gif but I think it was better for my husband that he wasn't just home alone all that time. Takes an understanding employer, though.

Best wishes!

Maya
maya62FemaleNepal2008-02-04 16:00:00
K-1 Fiance(e) Visa Process & ProceduresK-1, children question
Sweet story! Thanks for sharing it with us.

Best wishes on your visa journey.

Maya

PS my folks live in Woodstock, and I've biked the whole state, north to south, as a kid, and camped and skiied all over... Ilovermont!
maya62FemaleNepal2008-02-07 16:15:00
K-1 Fiance(e) Visa Process & ProceduresK-1, children question
All you need to do now is list the children on the I-129F petition. Save the other stuff for Packet 3.

That's what we did and we had no problems.

I'd guess the permission issue is probably specific to a given Consulate. We were not asked for it at all, but Nepal is not a party to the Hague Convention, and it appears the Ukraine is as of last September. [My (then) fiance got written permission anyway but was not asked for it.] I would check with the Ukrainian Consulate on that one.

Best wishes,

Maya
maya62FemaleNepal2008-02-06 13:17:00
K-1 Fiance(e) Visa Process & ProceduresFiled for K1 in october, getting married in India in April, is it wise?
I found the appeal case I was talking about (finally!)... I remember it was one of a very few where the USCIS decision was withdrawn and the appeal was sustained.

Go to:

http://www.uscis.gov...errFrameset.jsp

choose Administrative Decisions after August 1, 2000

choose D6 Fiancyes and Fiancys of US Citizen (K-1)

choose 2003

choose apr2203_01d6101.pdf

The critical paragraph (imho) is near the end:

It is concluded that, if the petitioner's marriage is not recognized for immigration purposes in order to have an immigrant visa petition approved, then the petitioner cannot be considered "married" for the purpose of denying a fiance(e) visa petition.

Hope this helps...

Maya

PS I'll PM this to the OP, too
maya62FemaleNepal2008-02-13 14:18:00
K-1 Fiance(e) Visa Process & ProceduresFiled for K1 in october, getting married in India in April, is it wise?
Here is a link to the appeals of USCIS petition denials:

http://www.uscis.gov...errFrameset.jsp

Sorry, I don't remember which year I was looking at, and there's a whole bunch of them. They're interesting reading, though, imho. If I can remember, I'll check at home to see if I can give you more specific info so you can find the one I thought might've been helpful.

Good luck,
Maya

ETA: on that link, you have to choose "after 2000", then choose D6 (fiance/fiancee) from the list of petitions

Edited by maya62, 01 February 2008 - 01:24 PM.

maya62FemaleNepal2008-02-01 13:20:00
K-1 Fiance(e) Visa Process & ProceduresFiled for K1 in october, getting married in India in April, is it wise?
I feel your angst. We did a similar thing, although I knew before I filed the I-129F that it would be a mistake to mention our unofficial "celebration" at the petition phase. I then lived in fear that it would come up at the Consular phase, so I did everything I could to prepare my fiance for that. It did come up, and he got the visa by answering honestly and for reasons I'll detail below. Like you, there was no documentation whatsoever. In fact, our ceremony was performed by my husband's uncle, a shaman.

I actually made a little notebook in anticipation of a problem. In it I put:

-documentation of a phone call to the USCIS help line about which petition I should be filing (the IO I spoke with laughed at my story and said "just file the K-1")

-reference to a NOLO book about marriage-based immigration, which has a paragraph saying something to the effect that it is fine to have a non-legal ceremony if you are doing K-1 (which I think now is TERRIBLE advice, but it exists)

-copy of emails to/from a Nepali lawyer saying to file the K-1

-documentation of consultations with several US immigration attorneys (yes, I was freaking out)

-documentation of conversations my SO had with a Consulate-recommended lawyer in Nepal, the upshot of which was that, under Nepali law, without a Nepali marriage certificate, we were definitely NOT married... my fiance was asked about this at the time of the interview... he answered with the truth, and was granted the visa. DON'T LIE IF ASKED. This was the one thing that was the most helpful in overcoming our situation, in retrospect.

-copy of a past USCIS case decision (from India, I think!) relating to this very issue where a petition denial was overturned on appeal (I'll see if I can find it)

-anything else I could think of

You may get a denial from USCIS, in which case I imagine (someone correct me if I'm wrong) it would be easier to go ahead and get married and file for a spouse visa, rather than fight the denial.

It would be great if you would get an RFE instead, though, and I think you should prepare for that. One thing I would definitely do is hire an attorney in India who will review your situation and draft something for you outlining your status and the situation thoroughly, and saying that, in his/her legal opinion, you are not legally married under Indian law. If the Consulate you will be using will provide a list of attorneys they work with (Kathmandu did), choose one of them and be prepared to discuss the situation at the Consular interview phase (we did). If the Consulate does not have such a list, then choose a well-respected immigration law firm in the city of the Consulate you expect to use. And get the letter in time for an RFE response.

Good luck,
Maya

Edited by maya62, 01 February 2008 - 01:01 PM.

maya62FemaleNepal2008-02-01 12:58:00
K-1 Fiance(e) Visa Process & ProceduresMy K1 Visa rejected - will return back to u.s.
QUOTE (chris4gretchen @ Feb 13 2008, 01:38 PM) <{POST_SNAPBACK}>
QUOTE (K1 Sponsor @ Feb 13 2008, 09:49 AM) <{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.



You are clearly not understanding the seriousness of your offense. This isnt just "oh you lied, well file again". You lied on Government documents that are clearly marked as sworn statements. Not only can your fiancee be denied for life, but your future filings could be in jeopardy. This is not a minor issue.

English as a second language is not an excuse you can use. You knowingly lied to the government when under oath to tell the truth.

What in the world possessed you to lie in a sworn statement? You lied under oath. This isnt just misunderstanding the requirements when you decided to lie on your application. Even people who dont speak english know a lie from the truth.

You need a very good immigration attorney. Your lie could have given your fiancee a lifetime ban. Think about that.

Chris


Completely agree.

OP, please consider that whatever you do does not only affect you, but also your future spouse. Possibly for the rest of her life. Time to stop thinking only of yourself and your wallet, and be considerate of your fiancee's future. You are now in deep trouble because of a simple misunderstanding (and the subsequent, unnecessary lie you both told). You and your fiancee are being accused by the US govt of FRAUD. If you couldn't handle the original process properly, what makes you think you will be able to get out of this very tricky situation without professional help? You're right, lawyers are expensive and there's no guarantee that they can help you. But I'll bet at this point that your odds of being successful without one are slim and none.

Please do lawyer up, if not for your own sake, than for the sake of the woman that you love...

Maya
maya62FemaleNepal2008-02-13 14:59:00
K-1 Fiance(e) Visa Process & ProceduresMy K1 Visa rejected - will return back to u.s.
I agree you need a good immigration attorney. If it was me, I'd be tracking down Marc Ellis. Anyone have his contact info handy?

Good luck.

Maya
maya62FemaleNepal2008-02-13 11:09:00
K-1 Fiance(e) Visa Process & ProceduresSo, I think I screwed myself, Any hope? Religious Marriage
QUOTE (fwaguy @ Sep 10 2008, 10:14 AM) <{POST_SNAPBACK}>
QUOTE (blondie2713 @ Sep 10 2008, 09:09 AM) <{POST_SNAPBACK}>
So I am checking into whether or not I can send additional info to be supplied in the 129 packet. Do any of you know if I can do the following? I want to send like a supplemental letter that explains specifically our situation and that we are only married in the church and that does not constitute as legal in either country and why we did it and why we havent married legally in Mexico. I want to be married in the US because that is where I was born and raised. I will try and find out if I can sumbit papers that state that him and I are still legally free to marry whomever we want. ANy info on if I can and how do I go about doing it. Just a letter in USCIS at CSC with his case number on it, or should I call an ask first. Because when I called and asked which form to fill out, they told me the 129f, soooooo...... should I really trust customer service? Thanks


The standard advice would be to wait for an RFE because there is no guarantee that your supplement will find your file. However, in your situation you may just want to try..... There is no USCIS form for this.



I agree. I don't see how it can hurt to try offering more of an explanation in the off chance that it may get matched up with your existing file.

Did you submit one of these for each of you with your original I-129F?

http://www.visajourn...r_of_Intent.doc

The thing I would want to prevent is an outright denial of the petition.

I'd send a letter detailing your situation (including original Letters of Intent for both of you if you didn't send them with the original petition) by registered mail asap.

Maya
maya62FemaleNepal2008-09-10 12:48:00
K-1 Fiance(e) Visa Process & ProceduresSo, I think I screwed myself, Any hope? Religious Marriage
Exactly what fwaguy said.

Definitely continue on the path you're on now. Hopefully, you will have smooth sailing.

I became concerned about our situation before applying, so I knew not to include photos of our celebration, but I still started a folder of documentation of who I talked to about this, and what they told me. I had a couple of emails from immigration attorneys, the name and date of my phone call to USCIS, stuff I had googled, and the name of the atty my husband talked to in Kathmandu, as well as the date of that visit. I also had a photocopy of a section of a NOLO book about family immigration which advises people (wrongly, I now think) that it is FINE to have religious-only celebration and still do K-1.

We never needed this folder, but I felt slightly more secure having it at the ready.

If you have a serious problem, however, I'd do some checking (here, for example) about the best next step. I don't think appealing is always the way to go (making the marriage legal and doing K3 may be faster).

Good luck,
Maya
maya62FemaleNepal2008-09-09 10:47:00
K-1 Fiance(e) Visa Process & ProceduresSo, I think I screwed myself, Any hope? Religious Marriage
OK... yeesh. Sorry... third post.

Here is the link (that I bet won't work, as in the past):

http://www.uscis.gov...errFrameset.jsp

And here is how to get there the long way:

Go to www.uscis.gov

from the top, choose Laws & Regulations

choose Administrative Decisions

choose D6 (fiance/fiancee visas)

choose 2003 decisions

choose APR222003_01D6101.pdf

This is how to handle this situation THE LONG WAY, which is a good reason not to put yourself in this position to begin with, but it is possible the case decision may be helpful to someone who has gotten mired down in the system due to an unofficial marriage that is interpretted by USCIS as a "real" one.

Over and out...

Maya
maya62FemaleNepal2008-09-08 10:41:00
K-1 Fiance(e) Visa Process & ProceduresSo, I think I screwed myself, Any hope? Religious Marriage
OK, I found it, but it doesn't work any more. Here is the finding, verbatim:

It is concluded that, if the petitioner's marriage is not recognized for immigration purposes in order to have an immigrant visa petition approved, then the petitioner cannot be considered "married" for the purpose of denying a fiance(e) visa petition.


I'll see if I can figure out a new way to get there...

M

Edited by maya62, 08 September 2008 - 10:33 AM.

maya62FemaleNepal2008-09-08 10:30:00
K-1 Fiance(e) Visa Process & ProceduresSo, I think I screwed myself, Any hope? Religious Marriage
We did the same thing... had an unofficial religious ceremony... and I fretted over it afterwards, just like you.

When I first started delving into visas and realized we might have jeopardized our chances for a smooth process, I called the USCIS line and they passed me to an IO, who laughed and said "Just file the K-1"

I called/visited/emailed numerous immigration attorneys (including one Nepali atty in NYC) here in the US and all said "Just file the K-1".

There used to be a list of "trusted" attorneys on the website of the US Embassy in Kathmandu, and I even sent my husband to talk to one of them in Kathmandu. He said "Just file the K-1".

When my husband (then fiance) and son went for their interview, he was asked if we had had a ceremony. I think the Embassy-approved attorney tipped off the Consulate about this issue, and at that point, I think it became an opportunity to test integrity rather than an issue over our marital status. If he had lied, we would've been SOL. Of course he told the truth, and the visas were issued.

There's also a USCIS appeal ruling about a couple from India who were in a similar situation and were denied. The ruling was in their favor, though... something like "a marriage that is found to be non-legal for the purposes of K-3 issuance can not be a reason to deny a K-1" or something like that... I'll see if I can find it.

I would be sure your fiance is prepared for questions about what you've done, and that he can and will answer them calmly and honestly.

Best wishes,
Maya
maya62FemaleNepal2008-09-08 10:22:00
K-1 Fiance(e) Visa Process & ProceduresK-1
QUOTE (GordonFreeman @ Oct 8 2008, 09:05 AM) <{POST_SNAPBACK}>
I can understand why malishka36 probably asked this.

I've been contacted by my attorney to tell me about canceling the K1 process by just trying to get married and then filing for an I-130 directly. The process ends up (theoretically) being a lot faster, with less hassles (and you'll get a green card directly, without having to wait months for approval at the embassy, temporary visa, work permits, interviews, visa, and then temporary green card).

Unfortunately, probably very few of us in this forum knew about that, but now it's too late to start all over!

I learned recently that the K1 Fiancee visa process is a long road that has many alternative legal shortcuts. But we all got caught in it, because the system is broken and nobody really cares about us.



QUOTE (KimandRuss @ Oct 8 2008, 04:05 PM) <{POST_SNAPBACK}>
Hmmm the spousal visa is not faster than the K1 so i'm not sure where you got that.

Lawyers and others who are 'suppose to know' often mis-inform individuals as to the process of bringing their loved ones here. This is why we hear so many horror stories. Often they will tell a couple to simply come on vacation and marry here in the U.S. then apply for adjustment of status. What they fail to tell you is that this is illegal to do so. You can not enter the U.S. with the intent of marrying and then staying in the Country. If you misrepresent yourself at the border and intent to immigrate is proven at AOS, you will face a ban from the U.S.

The only thing faster than the K1 fiance visa right now is DCF and, as of last year and the enactment of the Adam Walsh Act, even that now has major stipulations before you are able to apply for that abroad, including living in said Country for at least 6 months.

I think that you will find the majority of folks here at VJ quite savvy and well versed when it comes to immigration laws and the process to get our loved ones here with us. It's the mis-information given by other authorities that gets people into trouble and slows them down.



I think the confusion here has to do with "length of process" vs "length of separation". The primary reason that the K-1 looked so attractive to us, for example, is because we could be together for most of it. It may very well be that you get a greencard faster with a spouse visa, but you will probably have to endure a longer separation to do it. I think most of us just want to be reunited with our loved ones ASAP, and don't care if that means going through the EAD, AP, 2 year conditional greencard stuff, as long as we can be together.

We tried to DCF, couldn't, so chose the K1 and were reunited within 4 months of filing the I-129F. I don't know ANYONE who has been reunited that fast using a spouse visa, although I'd love to hear about it if it has happened...

Best wishes to all...
Maya
maya62FemaleNepal2008-10-09 12:39:00
K-1 Fiance(e) Visa Process & ProceduresK-1
Namaste Malishka36,

As others have said, getting married will kill the K-1. Unless you fancy stretching out your separation, don't do it. In hindsight, I would avoid anything that even looks like a marriage (we did a "celebration" and I worried about it for 6 months and they asked my (now) husband about it at his Consular interview).

We did K-1 without a lawyer and had exceptional luck... see our timeline. In fact, it would've been even faster if we hadn't had a hang-up getting a police certificate from India that I'm still not sure we even needed, and trying to make our actual visa applications look nice using the forms provided by the Consulate. If you don't have any huge red flags and you do reasonably well with forms and paperwork (ie, thorough and organized), you absolutely can do it yourself. And this site is a great help with all the little (and big) questions that come up along the way...

Best wishes...

Maya

PS feel free to PM me if I can help
maya62FemaleNepal2008-10-08 07:52:00
K-1 Fiance(e) Visa Process & Procedures1st post former NSC adjudicator now petitioner
HUSKERKIEV,

Welcome to VJ! Thank you so much for sharing your experience and knowledge with us. As you can see, folks here are starving for information to help them understand The System. You are such a good sport to share what you know and answer questions so patiently.

Best wishes on your own visajourney!

(F)

Maya
maya62FemaleNepal2007-02-22 09:16:00
K-1 Fiance(e) Visa Process & ProceduresWorried
Namaste Malishka,

Hopefully you've found others going through Nepal with the hints above.

I wouldn't worry too much about only having met once, but be sure your fiance has plenty of evidence of your relationship to take to his interview in Kathmandu, when the time comes. Photos, emails, hand-written letters, phone bills, etc... are all good evidence of an ongoing relationship. And in Kathmandu, the interview usually comes pretty quickly... he should be ready for it to take place soon after he turns in his Packet 3 (which the Consulate will send to him after they receive your approved petition from USCIS). You do not have to be at his interview, but I believe you are allowed to be if you can make it work.

Have you been to Nepal? I have found it extremely valuable in our marriage (and in raising my Nepali stepson) to have visited Nepal and be a little familiar with the language, culture, typical daily life that my husband and son were coming from. You may want to consider a visit for that reason alone, and if the interview works into it, so much the better.

Please do fill in your timeline so we can build a better picture of the process for hamro Nepali sattiharu. star_smile.gif You may also find reading the consulate reviews for Nepal interesting (see Reviews: Embassy/USCIS . POE at the top right of the screen).

Best wishes for a speedy, smooth visajourney! Feel free to PM...

Maya


maya62FemaleNepal2008-12-11 09:17:00