ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresMy case expired?! Now what?

oops.....sorry about that guys :blush:


There is a timeframe though to submit the requested documents .....I thought it was something like 45-90 days (anyone know the exact timeframe?) or the petition would still expire and still up to the conof as to whether it is revalidated.


She submitted the required documents in sufficient time. I have a feeling that the documents were received and the case was still denied at the consular level, for reasons that could be related to the affidavit of support. But she doesn't know the exact reason because the consulate never provided her with *another* 221g to notify that the petition was being returned to USCIS for review.
Jenn!FemaleMorocco2006-05-12 15:36:00
K-1 Fiance(e) Visa Process & ProceduresMy case expired?! Now what?

I have made an appointment to meet with my congressperson! That was one of my friend's suggestion too. Do you think they could actually help?

I never received any letters, nor did my fiance, warning us that our case might expire. I would think continually haranging the Embassy via email might be evidence enough that we still intend to marry! Would writing letter to the Embassy help at this point? Can they recall our petition?


It was the embassy, not USCIS that told you your case was expired. The embassy sent the case back to the U.S., and therefore it is now out of their hands. You should be contacting the original service center I believe to find out the current status of your case.

I strongly advise you to read the thread (I posted the link) above.

Edited by jenn3539, 12 May 2006 - 03:25 PM.

Jenn!FemaleMorocco2006-05-12 15:21:00
K-1 Fiance(e) Visa Process & ProceduresMy case expired?! Now what?
Lorelle, what you posted concerns validity of a petition prior to the interview. What the OP is talking about is totally different.

From the sounds of it, the OP was issued a 221g for additional documents, specifically for a co-sponsor affidavit of support. Sakura, was it the 221g that you were given after the interview?

Your case has been returned to the U.S. for review. Let me find a useful thread for you to read...


here it is: http://www.visajourn...?showtopic=2687



N6.1 Action When Petition Received

Upon the receipt of an approved K-1 visa petition the post should send a letter to the beneficiary outlining the steps to be taken to apply for a visa. If the initial 4-month validity of a petition has expired without a response to the post''s letter, the consular officer should send a follow-up letter to the beneficiary, with a copy to the petitioner, and request a reply within 60 days. If the 60-day period passes without a response from either party or if the response indicates that the couple no longer plans marriage, the case is to be considered abandoned, the petition is to be retained at the post for a period of one year and then destroyed.


N6.2 Validity of a K-1 Petition

An approved K-1 visa petition is valid for a period of 4 months from the date of BCIS action and may be revalidated by the consular officer any number of times for additional periods of 4 months from the date of revalidation provided the officer concludes that the petitioner and the beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary''s admission into the United States. However, the longer the period of time since the filing of the petition, the more the consular officer must be concerned about the intentions of the couple, particularly the intentions of the petitioner in the United States. If the officer is not convinced that the U.S. citizen petitioner continues to intend to marry the beneficiary, the petition should be returned to the approving office of BCIS with an explanatory memorandum. [See Sec. 41.81 PN7 for revalidation procedure.]

http://travel.state.gov/visa/laws/telegrams/telegrams_1437.html


sakurasama

You will have to reapply. Sorry that happened :( All the best to you.


Edited by jenn3539, 12 May 2006 - 03:13 PM.

Jenn!FemaleMorocco2006-05-12 15:10:00
K-1 Fiance(e) Visa Process & ProceduresThe IMBRA law

Sorry, I think someone using a mail-order bride site should be subject to more scrutiny then say, a couple who went to college together.

jmho...sorry!


At least so far they don't seem to be making any distinction between the two!
Jenn!FemaleMorocco2006-05-12 21:29:00
K-1 Fiance(e) Visa Process & ProceduresThe IMBRA law




I thought I read somewhere that the law would apply to internet dating sites. I could be wrong, let me see what I can find.


( B ) EXCEPTIONS.—Such term does not include—
(i) a traditional matchmaking organization of a
cultural or religious nature that operates on a nonprofit
basis and otherwise operates in compliance with the
laws of the countries in which it operates, including
the laws of the United States; or
(ii) an entity that provides dating services if its
principal business is not to provide international dating
services between United States citizens or United
States residents and foreign nationals and it charges
comparable rates and offers comparable services to
all individuals it serves regardless of the individual’s
gender or country of citizenship.


This lets out internet dating sites unless they specialize in international dating or charge more for men than women or more for USC than aliens.


From what I've been reading, it seems that one of the effects will be extra scrutiny at the consular level for those who met on the internet, regardless of whether the specific internet site is classified as an IMB.


This was taken straight from the law. As long as the alien does not state they met through a International Marriage Broker then no additional scrutiny is called for. (ii) there clearly states that it excludes:
"an entity that provides dating services if its
principal business is not to provide international dating
services between United States citizens or United
States residents and foreign nationals and it charges
comparable rates and offers comparable services to
all individuals it serves regardless of the individual’s
gender or country of citizenship."
That lets out Yahoo, MSN, Date.com and all the others you care to name.
If you met through one of those "meet asian women" or "meet russian women" sites then you have something to worry about.


But the way a law is written and how it is interpreted by the consulate do not necessarily coincide. In theory you are corerct, but I think that everyone who met online could potentially be affected.
Jenn!FemaleMorocco2006-05-12 08:31:00
K-1 Fiance(e) Visa Process & ProceduresThe IMBRA law


I thought I read somewhere that the law would apply to internet dating sites. I could be wrong, let me see what I can find.


( B ) EXCEPTIONS.—Such term does not include—
(i) a traditional matchmaking organization of a
cultural or religious nature that operates on a nonprofit
basis and otherwise operates in compliance with the
laws of the countries in which it operates, including
the laws of the United States; or
(ii) an entity that provides dating services if its
principal business is not to provide international dating
services between United States citizens or United
States residents and foreign nationals and it charges
comparable rates and offers comparable services to
all individuals it serves regardless of the individual’s
gender or country of citizenship.


This lets out internet dating sites unless they specialize in international dating or charge more for men than women or more for USC than aliens.


From what I've been reading, it seems that one of the effects will be extra scrutiny at the consular level for those who met on the internet, regardless of whether the specific internet site is classified as an IMB.
Jenn!FemaleMorocco2006-05-12 08:21:00
K-1 Fiance(e) Visa Process & ProceduresThe IMBRA law
I thought I read somewhere that the law would apply to internet dating sites. I could be wrong, let me see what I can find.
Jenn!FemaleMorocco2006-05-12 07:56:00
K-1 Fiance(e) Visa Process & ProceduresDoes this seem legit?
I think you all are right about these, but FYI I don't think you're supposed to post private messages and emails to the board.
Jenn!FemaleMorocco2006-05-12 07:49:00
K-1 Fiance(e) Visa Process & ProceduresProcessing Dates on the I-767C versus Reality/IMBRA?

well the problem is that the NOA2 says Receipt Date 3/7 Notice Date 5/8.
So NOA1 says Receipt Date 3/1 and Notice Date 3/7.
Was there a screw up going from NOA1 to NOA2?


Let me check ours rom back then and see if there's a similar pattern.

Interesting, I never noticed that. We had NOA1 [b]received[\b] 7/15 notice 7/18, and NOA2 [b]receipt[\b] 7/18 notice 8/4.

Seems to be the only difference. From the language in the excerpt above, then, it seems unclear. There is no "received date" on the I-797, only on the I-797C. Your guess as to what they really mean is as good as mine.

Edited by jenn3539, 13 May 2006 - 01:40 PM.

Jenn!FemaleMorocco2006-05-13 13:35:00
K-1 Fiance(e) Visa Process & ProceduresProcessing Dates on the I-767C versus Reality/IMBRA?


The date they stamp on your actual petition is the reciept date and this is what is on your NOA1 as the receipt date. This is the date that will affect whether you fall under the new IMBRA.

Applications are stamped with the time and date of physical receipt, not the time and date they are actually opened.



Ok ... so do I know my date to know if I'm affected by IMBRA?


Accrding to everything above then, your NOA1 date is 3/1/06, which should mean that you will be unaffected by the IMBRA.
Jenn!FemaleMorocco2006-05-13 13:27:00
K-1 Fiance(e) Visa Process & ProceduresProcessing Dates on the I-767C versus Reality/IMBRA?
And both the "received" and "notice" dates should be on your I-797C.
Jenn!FemaleMorocco2006-05-13 12:23:00
K-1 Fiance(e) Visa Process & ProceduresClarification on IMBRA Recall
Here is the IMBRA:

Note, I'm not sure if this differs at all form the IMBRA 2005, or if it was just proposed in 2003 and passed in 2005.

Edited by jenn3539, 11 May 2006 - 08:44 AM.

Jenn!FemaleMorocco2006-05-11 08:43:00
K-1 Fiance(e) Visa Process & ProceduresApproved K1 Petitions Being Recalled!
I have a feeling there are going to be many very upset people around here in the not-so-distant future. :(

Sorry to hear about your hold up and hope it all works out ASAP!
Jenn!FemaleMorocco2006-05-11 07:40:00
K-1 Fiance(e) Visa Process & ProceduresINTERVIEW RESCHEDULED!!!
This is great news. I hope we hear similar news from more people.

Congrats and good luck on your itnerview! :dance:
Jenn!FemaleMorocco2006-05-15 07:44:00
K-1 Fiance(e) Visa Process & ProceduresAny In Person Meetings Visa Hold-Ups?


I've heard though that if your declaration of meeting on your I-129F does not rule out an IMB, then you will undergo the checks.


Well, as I mentioned in another thread, we met for the first time at a sports event in Toronto, Canada. We described this meeting and several of our meetings afterwards, and supported each of those meetings with photos, train stubs, passport stamps, etc... We didn't specifically state "we did not use an IMB" but I think it was pretty clear that we didn't and our case has been recalled beause of IMBRA.


I think they still have no idea what they're doing up there, which is maybe why your petition was recalled. I've gotten the impression that eventually they will only do checks on petitions where they know or suspect an IMB was used.

Note my extensive use of vague language. :lol:

Edited by jenn3539, 17 May 2006 - 04:30 PM.

Jenn!FemaleMorocco2006-05-17 16:29:00
K-1 Fiance(e) Visa Process & ProceduresAny In Person Meetings Visa Hold-Ups?

Dont think that this statement is right...? the USCIS does indeed care that you have met in-person if you are applying for K-1.
Isnt it true that we many of us have met our loved ones.. "on-line" That is not qulifiable for the meeting within 2 years requirement of applying for k-1.



they care that you have met in person in the past two years... they don't care if how you initially met was in person or online. (other than marriage broker that is)


I've heard though that if your declaration of meeting on your I-129F does not rule out an IMB, then you will undergo the checks.
Jenn!FemaleMorocco2006-05-17 16:15:00
K-1 Fiance(e) Visa Process & ProceduresAny In Person Meetings Visa Hold-Ups?

Don't see why that would make a difference in processing times.


I think she's referring to the IMBRA. It's been suggested that they use your circumstances of meeting to determine whether to do the additional checks.
Jenn!FemaleMorocco2006-05-17 15:32:00
K-1 Fiance(e) Visa Process & ProceduresRequesting employment letter
I told them that is was for my fiance/husband's immigration paperwork. They didn't ask any more details and I didn't offer them.

I work for a very large company and HR knew exactly what I needed, as they must do them all the time for people who they sponsor for work visas.

I'd say just use your best judgement in disclosing the information you need to in order to get what you want...
Jenn!FemaleMorocco2006-05-23 08:42:00
K-1 Fiance(e) Visa Process & ProceduresWE GOT US A VISA!!!!!!!
Congrats!

:dance:
Jenn!FemaleMorocco2006-05-23 12:22:00
K-1 Fiance(e) Visa Process & ProceduresVisa Denials

However, now I got pretty concerned about this detail, after reading about these red flags.... What do they mean by "Brief courtship"? Is long-term romantic correspondence considered to be courting, or only real-life communication?
I didn't care about this question much until recently. Can our case be taken suspiciously? I'd appreciate it a lot, if someone clarifies it for me. Thanks. (F)



I don't think anyone can really give you a straight answer here. Every case is unique as is each consulate.

That said, cases like yours (ie. brief courtship) get approved all the time. And some consulates put a couple with similar circumstances under more scrutiny.

Edited by jenn3539, 26 May 2006 - 11:39 AM.

Jenn!FemaleMorocco2006-05-26 11:38:00
K-1 Fiance(e) Visa Process & ProceduresVisa Denials

Aussiewench,

I missed the thread back then, but in reading it now I find it quite interesting. JennT opined that Marc's list of 'red flags' was germane to the 'less is more' evidence issue, and you had a discussion with her over that.


Yeah, it was actually me! :)
Jenn!FemaleMorocco2006-05-26 09:59:00
K-1 Fiance(e) Visa Process & ProceduresI FINALLY SEND MY BABY'S I-129F !!!
Good luck on your journey!
Jenn!FemaleMorocco2006-05-26 13:14:00
K-1 Fiance(e) Visa Process & ProceduresBack to it.....
Glad to see you've worked things out. Best of luck on your process!
Jenn!FemaleMorocco2006-05-26 11:52:00
K-1 Fiance(e) Visa Process & ProceduresRetired co-sponser

My co-sponsor is retired and would like to know which supporting financial documents will be required with the I-134 for a retired person? He is not totally comfortable with surrendering all that is listed on the form. I know the more we can submit the better but I also understand his concern. Would he need to submit his 1040’s from the past 2 years? Also I am correct that I read somewhere you need to show only 100% over poverty for the I-134 and 125% for the I-864?


Yes, you are correct.
Jenn!FemaleMorocco2006-05-26 21:26:00
K-1 Fiance(e) Visa Process & ProceduresOh My GOSH!! Am I screwed?
Chances are good they'll automatically extend the validity through your interview date without any intervention on your part. You can call them to verify if it makes you feel more comfortable.

Best of luck on the interview!
Jenn!FemaleMorocco2006-05-29 16:10:00
K-1 Fiance(e) Visa Process & Proceduressometimes congresman backfires
If you could provide some more details into how you feel your congressman was not helpful, that would surely benefit other members here. Many people do turn to their congressmen for assistance, and it would be useful to know in which particular circumstance a congressman proved to be a hinderance rather than a help.

Good luck with the rest of your journey.
Jenn!FemaleMorocco2006-05-29 16:52:00
K-1 Fiance(e) Visa Process & ProceduresInterview Date AUG 10
Glad to see the process has been pretty smooth for you. Hope it continues to be!
Jenn!FemaleMorocco2006-05-30 11:12:00
K-1 Fiance(e) Visa Process & Procedureswooow booring


its bene just one day now aftre i did send my petition and cant wait,,, i cant wait read some news from you friends...i want my NOA1 :crying: :whistle: :whistle:



Are you crying about your mispelling? hahahhahahahha :lol: :lol: :lol: :lol:


Ironically, you misspelled "mispelled".

http://www.answers.c...pic/misspelling
Jenn!FemaleMorocco2006-05-30 20:32:00
K-1 Fiance(e) Visa Process & ProceduresSuggestion
Luckily I had stumbled on to some posts here on VJ while I was still at the I-129F phase and knew that I had to hold onto my NOA2. Otherwise I probably would've been I the same boat as you. Isn't it just completely illogical??? You're goin to pay $200 for them to send you a form that you will then send back to them!!????

When you get it, make sure you only put a copy in your AOS app and save the original to bring to your interview.
Jenn!FemaleMorocco2006-05-31 18:56:00
K-1 Fiance(e) Visa Process & ProceduresI-134 confirmation
The I-134 is not needed until the interview.

You'll send it to your fiance when it gets close to interview time.
Jenn!FemaleMorocco2006-05-31 20:46:00
K-1 Fiance(e) Visa Process & ProceduresI got my interview!!!!
How weird, I can't see your post.

But congrats! :dance:
Jenn!FemaleMorocco2006-05-31 19:31:00
K-1 Fiance(e) Visa Process & ProceduresBiometrics question
I think they usually perform some "biometrics" at the K1 interview, such as fingerprinting. They also sometimes do biometrics upon entry into the U.S. But it's nothing you need to be concerned about or actively do anything to make it happen.

The biometrics you are probably referring to, where you have a separate appointment solely for biometrics, doesn't happen until the adjustment of status phase, when you are already in the U.S.
Jenn!FemaleMorocco2006-06-01 08:21:00
K-1 Fiance(e) Visa Process & ProceduresTwo-Hole punchiness Redux
Alright, alright.

It just seems that people start to have anxiety attacks about following those assempbly tips to a T.
Jenn!FemaleMorocco2006-06-01 08:41:00
K-1 Fiance(e) Visa Process & ProceduresTwo-Hole punchiness Redux



Yep, those are simple tips to make the life easier for them to go through the application, it's not a requirement that you'll get denied or RFEd for lack of holes. :huh:


Exactly.

So follow the best you can, and don't worry so much.


Follow best you can? How hard is it to punch some holes in paper and attach a fastner and stick on some tabs.


Well, obviously it has caused some confusion!

My point is that if you miss one of the "tips", it's not the end of the world.

You probably think I'm the biggest moron around because I didn't follow their tips. But whaddya know, we were approved without any problems.

Edited by jenn3539, 01 June 2006 - 08:37 AM.

Jenn!FemaleMorocco2006-06-01 08:36:00
K-1 Fiance(e) Visa Process & ProceduresTwo-Hole punchiness Redux

Yep, those are simple tips to make the life easier for them to go through the application, it's not a requirement that you'll get denied or RFEd for lack of holes. :huh:


Exactly.

So follow the best you can, and don't worry so much.
Jenn!FemaleMorocco2006-06-01 08:27:00
K-1 Fiance(e) Visa Process & ProceduresTwo-Hole punchiness Redux

Two hole punch all papers and use the fasteners so a person can go through the packet and read all the documents. Then tab at the bottom.

http://www.uscis.gov...nal/index.htm#H

I can't understand that one of the few times they give you clear instructions on what to do and people insist on putting things together with bubble gum and paper clips.


Well, they are called "tips" and not requirements. Plus they say to use ACCO fasteners just for thick or bulky applications, no?
Jenn!FemaleMorocco2006-06-01 08:23:00
K-1 Fiance(e) Visa Process & ProceduresTwo-Hole punchiness Redux
I didn't use any acco fasteners, or hole punchers.

I just put everything together neatly in envelopes/paper clips, etc.

I really don't think it's a huge deal. They're not going to RFE you because one of your pages was upside down. They're much more interested in the content of your petition.

That's not to say that things shouldn't be assembled neatly and in an understandable fashion. But don't stress out too much about it.
Jenn!FemaleMorocco2006-06-01 08:10:00
K-1 Fiance(e) Visa Process & ProceduresNOA1 dates

I was just keeping it in simple format for the masses :P


Hey! :angry:

I'm not a mass! :P

But I am a "Masshole" ;)

Edited by jenn3539, 30 May 2006 - 07:24 PM.

Jenn!FemaleMorocco2006-05-30 19:24:00
K-1 Fiance(e) Visa Process & ProceduresWTF is going on???? Why did this happen???
A while back if I remember correctly, they were transferring all NSC cases to CSC. Looks like they've started to do that again.

You should check CSC timelines for processing estimates.

Good luck!
Jenn!FemaleMorocco2006-06-01 15:40:00
K-1 Fiance(e) Visa Process & ProceduresUK RESIDENT WANTING TO MARRY USA GREEN CARD HOLDER
A legal permanent resident can not file a fiance petition, only a USC can do so.

You can either wait until your fiance becomes a U.S. citizen and file for a K1 fiance visa, or you can get married, and try to do it that way. I think the process is pretty lengthy for a permanent resident to bring over a spouse.
Jenn!FemaleMorocco2006-06-03 14:18:00