ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresK-1 rejected, for a stupid reason!
It's not a K-1 rejection though, exactly. It's a I-129F rejection, and they're not the same thing (K-1's the whole process).
CaladanMaleCanada2006-09-25 22:21:00
K-1 Fiance(e) Visa Process & ProceduresK-1 rejected, for a stupid reason!
That's not a K-1 denial; that's a I-129F being returned due to mental farts. No worries -- just send it off again.
CaladanMaleCanada2006-09-25 16:41:00
K-1 Fiance(e) Visa Process & ProceduresDavid's visa was approved!!
Congrats!
CaladanMaleCanada2006-09-25 07:08:00
K-1 Fiance(e) Visa Process & ProceduresDoes anyone know what form we were sent?
It's just a blue sheet of paper. Nothing's entered formally into the system so you don't get a case number, just a rejection. If you look at the Vermont Service Center's site, they explain what the stamp is:

"Applications are stamped with the time and date of physical receipt, not the time and date they are actually opened. Mail with fees enclosed is routed immediately to mail assembly. Cases that are filed prematurely (before the applicant was eligible or met the legal criteria) or that were filed on an outdated form are prepared for manual rejection at this point. Cases lacking proper signature or correct fee are identified for system rejection."

So the stamp is 'Ooh, looky, another application.' and the blue letter is 'Oops, take a mulligan.'
CaladanMaleCanada2006-09-26 09:15:00
K-1 Fiance(e) Visa Process & ProceduresIs a lawyer necessary?
I did not use a lawyer because my case isn't particularly complicated: no criminal history, no divorce, no country with a high risk of visa fraud, no mail-order bride service, no multiple attempts to obtain visas, no overstays.

So we'll see. Many people here haven't used attorneys and have been approved. You can always consult with an attorney for a one-time fee to judge how hard your case is.
CaladanMaleCanada2006-09-24 09:27:00
K-1 Fiance(e) Visa Process & ProceduresStrategy
No one's said to wait another month and do nothing, just that having four offices request the exact same information isn't likely to yield much beyond the same information, repeated four times.
CaladanMaleCanada2006-09-26 10:28:00
K-1 Fiance(e) Visa Process & ProceduresStrategy
Just my instincts (i.e., no experience), but I'd keep the other two in reserve. They're not going to do much now as it's not like having two more officials bug the VSC is going to yield double the information, and it seems as though your Congressman is on the ball.

It's hard to relax, but you're barely three months into the process! So have a glass of wine and chill. You've done all you can for the moment.
CaladanMaleCanada2006-09-26 10:04:00
K-1 Fiance(e) Visa Process & ProceduresI want my NOA1.
Yeah, I thought that, too, but it's apparently not the case. When you apply to colleges, they can figure out how to type in your e-mail to a database, when you apply to a job, heck, when you fill out a credit card form, but not when you apply for a visa.
CaladanMaleCanada2006-09-27 09:30:00
K-1 Fiance(e) Visa Process & ProceduresI want my NOA1.
NOA1, not 2. Can't sign up for e-mail notification till you have the case number.
CaladanMaleCanada2006-09-26 22:07:00
K-1 Fiance(e) Visa Process & ProceduresI want my NOA1.
Oh, I know. I'm just more paranoid than usual because a) my mail carrier, three weeks ago, decided that all of the mail destined for my address should be marked return to sender (called the post office, complained, may have gotten someone fired, oops) and B) my bank doesn't return checks, just teeny weeny photocopies of them.
CaladanMaleCanada2006-09-26 17:12:00
K-1 Fiance(e) Visa Process & ProceduresI want my NOA1.
That is all.

Come on, guys.

Put the check in the bank and then you drink it all up...
CaladanMaleCanada2006-09-26 16:57:00
K-1 Fiance(e) Visa Process & ProceduresK-1 and Marriage
To enter on the K-1, she has to be free to marry. She's not 'free to marry' if she's already married, even if that marriage is to you.
CaladanMaleCanada2006-09-26 10:25:00
K-1 Fiance(e) Visa Process & ProceduresCan k-1 be used for undocumented residents
I don't know what you want people to say that hasn't been said. K-1 interviews happen in the beneficiary's home country, and if she has been here illegally, she could face a ban on re-entry & problems at the interview. If you just marry and then adjust status, some people say you'd be just fine, but you're best off contacting an attorney (or several) to whom you can give the complete information about your situation.

It's a hard enough case and the devil is in the details.
CaladanMaleCanada2006-09-26 14:38:00
K-1 Fiance(e) Visa Process & ProceduresI think I made a big mistake when mailing back RFE
You can at least track it! God forgot to smite the liberal tracking system.

Frustrating though.
CaladanMaleCanada2006-09-26 17:14:00
K-1 Fiance(e) Visa Process & ProceduresWhich line of the stamp on the check is the case number?
Excellent, thanks! Wheeee, I can track things on the Internet... it's like Christmas....
CaladanMaleCanada2006-09-28 10:02:00
K-1 Fiance(e) Visa Process & ProceduresWhich line of the stamp on the check is the case number?
Good to know, kitkat. It's stupid. I'm in Connecticut. I can drive to St. Albans by driving on like, two roads.

Anyhow, now that I have the electronic number I'm happy because I'm such an Internet child. Don't trust the mail, but I like electronic updates! And really, my bank deserves a cookie.

I put the NOA1 as the 20th for now, but I'll change it when the paper receipt comes if I need to.
CaladanMaleCanada2006-09-28 09:57:00
K-1 Fiance(e) Visa Process & ProceduresWhich line of the stamp on the check is the case number?
Great, thanks! It works! It says that the petition was received on 9/20. Is that my NOA1 date? (I need to know for the timeline.)
CaladanMaleCanada2006-09-28 09:49:00
K-1 Fiance(e) Visa Process & ProceduresWhich line of the stamp on the check is the case number?
So, we're once again on the merry-go-round where the Post Office decides that I deserve my mail only sporadically. So far this week, I've not received an interview letter for a university position and a cellphone bill, all of which I find out when it's returned to sender and the sender calls me and says 'have you moved?'

So today I called my bank to see if my check had cleared. Huzzah, it cleared on the 22nd! But where is my receipt? En route? Lost in the ether? Eaten by the postman?

We normally don't get returned checks, just teeny-weeny photocopies, but the nice young man looked it up, had a copy faxed to him, and then read me all the numbers on the back over the phone.

There's a lot of numbers. I know VSC case numbers start with EAC. But there were two things starting with EAC that he read off to me, and I think it's the last thing he read off. EAC then ten digits. Is that the right number?

Where is the case number on the stamp on the check?
CaladanMaleCanada2006-09-28 09:44:00
K-1 Fiance(e) Visa Process & ProceduresLottery
I'm not saying you don't have a right to worry or stress, or that you shouldn't be concerned, but it's been since the 26th that they said they'd looked into it and we're half an hour into the workday on the 28th. Again, sandwich, pee, and coffee time. Hang in there! It'll come soon.

Let the Senators pee freely, is all I'm saying. :)
CaladanMaleCanada2006-09-28 09:28:00
K-1 Fiance(e) Visa Process & ProceduresLottery
Dude, man, give the VSC adjudicator a chance to pee and sleep and have a sandwich. ;)
CaladanMaleCanada2006-09-28 08:37:00
K-1 Fiance(e) Visa Process & ProceduresWill an Immigration Attorney speed things up?
There's no reason one couldn't consult with an attorney to assess the case's difficulty without committing oneself to use the lawyer through the whole process.
CaladanMaleCanada2006-09-28 17:35:00
K-1 Fiance(e) Visa Process & ProceduresWill an Immigration Attorney speed things up?
It depends on what you mean by 'speed up.' For some people, it may be worth it to contact an experienced attorney so they don't have to do all the research themselves. And if your case is complicated, a lawyer can be a help to keep you from making mistakes.

But it's certainly not the case that having an attorney means you get to skip ahead in the line or jump ahead in the process.
CaladanMaleCanada2006-09-28 08:21:00
K-1 Fiance(e) Visa Process & ProceduresRFE FOR ERROR ON G325A ... HELP IF THIS IS YOU!
You have to submit two complete G-325As, one for the USC, and one for the beneficiary. 4 pages each, signed on each page, and eight pages total. Get that, and send it back! No biggie.

People have had success (anecdotally) with writing RFE and the case number on the front of the envelope.
CaladanMaleCanada2006-09-27 21:58:00
K-1 Fiance(e) Visa Process & ProceduresHow much evidence is too much?
Plus, the shipping costs on the standard stainless steel kitchen sink? Will eat you alive.
CaladanMaleCanada2006-09-26 09:49:00
K-1 Fiance(e) Visa Process & ProceduresHow much evidence is too much?
Analogy: I ask two people for their phone number.

One person hands me their business card, with their phone number printed on it.

The other hands me the telephone book, his birth certificate, drivers' license showing his name, his business card, his second grade spelling bee certificate (because it has his name on it), and a copy of his telecom contract proving beyond all doubt that's his number, and some e-mails where he talks about buying a telephone.

Which has given me more useful information?

More isn't always better.

CharlieBox, didn't mean to come across harshly. You'll be fine and there's nothing really wrong with having a lot of evidence, assuming it doesn't bring up questions like Yodrak mentions. But it's not good to give people the idea that they need to send in a ream and a half of paper (literally) to have a chance at approval. No one is gambling with their future because they don't have IRC logs, y'know?

(Of course, if I get an RFE, I'm sending them the shoebox full of used phone cards, but that's more to be brat than anything else.)
CaladanMaleCanada2006-09-25 22:31:00
K-1 Fiance(e) Visa Process & ProceduresHow much evidence is too much?
By 'CYA' I meant nothing more than the lawyer trying to 'cover [his] a$s' by asking you to send as much as possible (so you can't complain if you get an RFE).

Probably wouldn't hurt, but it doesn't prove you met.
CaladanMaleCanada2006-09-25 19:14:00
K-1 Fiance(e) Visa Process & ProceduresHow much evidence is too much?
500 e-mails? That seems like overkill and a CYA maneuver to me. (Think they read all 500?)
CaladanMaleCanada2006-09-25 16:39:00
K-1 Fiance(e) Visa Process & ProceduresHow much evidence is too much?
There probably is a 'too much evidence', but you don't sound like you're anywhere near that with proof of three meetings.

The VJ Guide is excellent advice on this. Rule of thumb: make a picture in the adjudicator's head that says 'this couple is for real', but don't overwhelm them with paperwork. All you have to do here is prove that you've met.

I sent in primary evidence of five meetings -- just passport stamps and boarding passes & itineraries. Added four photographs and three pages of phone records. We had ten meetings all told, but I only had primary documentation on half of them and only had good primary documentation on three of them.

So I'd recommend putting in all the primary evidence you have and not overwhelming them with chat logs (which don't show you met) or photographs.
CaladanMaleCanada2006-09-25 07:39:00
K-1 Fiance(e) Visa Process & ProceduresLength of Relationship
From what I've seen in this process, very little that meets the requirements is an automatic 'problem'; it's more the picture you paint. There's a difference between 'dating three months, known him 10 years, used to visit him all the time' and 'dating three months, don't speak her language but the translator assured me she loves me' in terms of the picture it paints.

Seems like you have enough primary evidence. In your answer to Q18 on the I-129F, you could note that you met ten years ago, have been friends for a long time with lots of visits, and became a romantic couple on XX/XX/XXXX and are now engaged. That will help paint the right picture.

But for the first round, all you need to do is prove that you've met.
CaladanMaleCanada2006-09-28 10:39:00
K-1 Fiance(e) Visa Process & ProceduresVSC APPROVAL

Well seeing as I never got an NOA1 this email from VSC came as a little bit of a surprise.

APPROVED! "this case has been approved on September 28, 2006, an approval notice was mailled....
(also kind of odd it was mailed at 8:30pm)
Like I said in one of my previous posts I don't care if I get my NOA1 as long as I get NOA2. Hope everyone else gets theirs just as fast. On to the next phase.


Congrats!
CaladanMaleCanada2006-09-28 23:15:00
K-1 Fiance(e) Visa Process & Procedureslegality of several marriages
We are planning on getting married next year and then doing a second ceremony/reception in Canada in 2008 (he has about 100 people who would want to come who can't afford the flight & lodgings.) The second one won't be legal, though, just a party.

It will depend on whether a legal marriage recognized in the U.S. counts as a legal marriage in the Phillipines. (I think marriage is usually reciprocal: if you're married in country A, country B will usually treat you as married.) Check with the consulate in Manila?
CaladanMaleCanada2006-09-29 09:39:00
K-1 Fiance(e) Visa Process & ProceduresSomeone Pleae HELP i am panicing
It'll get there. It means they just have to send it again to get a signature, and they'll get it next time. No worries.
CaladanMaleCanada2006-09-29 19:47:00
K-1 Fiance(e) Visa Process & ProceduresNOA2!
Congrats! (And damn, that's fast! You sent the same day I did the first time (but I goofed) -- I'd be totally freaking out if I'd been approved already.)
CaladanMaleCanada2006-09-30 11:19:00
K-1 Fiance(e) Visa Process & ProceduresAge Difference Relationships
There's a lot of topics on this one, but here's my quick & dirty take on it.

An age difference alone is not a reason for a denial, i.e., there's no check box that says 'couples must be within ten years.' That said, everything in this whole process is geared around one question:

Is this couple for real? Do they intend to marry?

So while there isn't an age check box, it could be a factor arousing suspicion in the mind of the consulate official. Things to consider:

Do older women normally marry much younger men in that culture?
Is there a stigma attached to (laundry list) men who marry divorcées, men who marry older women, relationships that are unlikely to yield children that make it seem unlikely that the young man is in love with the older woman?
Is the country one where there is a high rate of visa fraud?

Canada isn't a high-risk country, but the important thing is just to make a case to the official that you are a real couple. (And check out the Montréal consulate reviews, too.)
CaladanMaleCanada2006-10-01 14:35:00
K-1 Fiance(e) Visa Process & ProceduresNOA1?


I have the case number from the back of the check, the receipt date online is 9/20 and the check itself cleared on the 22nd of September.

I'd like to have a physical copy of the NOA1, for my records, and according to Vermont's site they print & mail the receipt from Data Entry the day after the check clears. So it should have been here by now.

Has anyone ever called and requested a copy of an NOA1 before? Should I let a certain amount of time go by first?


I realize it has been two weeks but wait a little longer... it should show...



Yeah it's not so much the two weeks as the two weeks after the cleared check -- again, post office issues, and I want to make sure VSC can find my mailbox if needed for an RFE. Most people seem to get their initial receipts pretty quickly from Vermont.
CaladanMaleCanada2006-10-04 21:47:00
K-1 Fiance(e) Visa Process & ProceduresNOA1?
I have the case number from the back of the check, the receipt date online is 9/20 and the check itself cleared on the 22nd of September.

I'd like to have a physical copy of the NOA1, for my records, and according to Vermont's site they print & mail the receipt from Data Entry the day after the check clears. So it should have been here by now.

Has anyone ever called and requested a copy of an NOA1 before? Should I let a certain amount of time go by first?
CaladanMaleCanada2006-10-04 21:41:00
K-1 Fiance(e) Visa Process & ProceduresThe Power of Spinach
Congrats!
CaladanMaleCanada2006-10-04 09:38:00
K-1 Fiance(e) Visa Process & ProceduresA Tricky Question... I need some 'exert' advice
It should probably be pointed out even if you used a marriage broker, it isn't an automatic denial -- in fact it seems the point of the law is to crack down on corrupt brokers, not people.

FutureMrs, there's no reason to leave out where you met and pretend it was just MSN. My fiancé and I met through the IRC channel attached to an online text game, and while neither of us have even played the game in over a year and we mostly talk on the telephone these days, we don't say that we met on the telephone, y'know? For Q18, I mentioned we met through the game and said that our relationship developed via chat & telephone until we met in person two+ years ago and have continued regular trips to see each other till the present.

Bill, from your original answer to Q18, it sounds as though maybe they wanted specifics: when you met, what chat service, etc, a rough timeline.
CaladanMaleCanada2006-10-06 15:44:00
K-1 Fiance(e) Visa Process & ProceduresA Tricky Question... I need some 'exert' advice
Bill,

I am not a lawyer, but I have read a lot of the IMBRA information. (I'd check out the forum here, too; someone might be able to recommend a lawyer.)

4) INTERNATIONAL MARRIAGE BROKER.—
(A) IN GENERAL.—The term ‘‘international marriage broker’’ means a corporation, partnership, business, individual, or other legal entity, whether or not organized under any law of the United States, that charges fees for providing dating, matrimonial, matchmaking services, or social referrals between United States citizens or nationals or aliens lawfully admitted to the United States as permanent residents and foreign national clients by providing personal contact information or otherwise facilitating communication between individuals.
[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





So the question is whether your dating site falls under the exemption in 4B(ii). To answer that we'd need to know:

Did you have to pay a fee to obtain your fiancé's contact information? (Do all Americans have to pay?)
Did she have to pay a fee in order to be contacted by you?
Are the fee relationships asymmetrical? (Is it that all of the foreign women pay fees to meet Americans, while Americans pay nothing, or the other way around, or is it not biased towards nationality?)
Is the point of the site to link up foreigners with Americans? (Could your wife have used the service to find a Thai man?)

From what you're saying here, it sounds as though the initial service is free, and both genders have to pay a fee to upgrade, and it doesn't matter whether the man or the woman has a paid profile as long as one of them does, and that leads me to think that your service falls under the exemption.

Again, not a lawyer. As for the RFE, I'd just explain it the situation with emphasis on why you think it doesn't fall under the exemption.
CaladanMaleCanada2006-10-06 10:59:00
K-1 Fiance(e) Visa Process & ProceduresCongressional Inquiry
I think Andy in his other thread said that his Senator told them they wouldn't inquire if a Congressman was already inquiring, as there's no need to double the workload for the exact same information; I was surprised to see him advocating Dean to contact another Senator.

Dean, I'm glad your Congressman is on the ball and knows what a form response looks like! I hope you have some good news soon.
CaladanMaleCanada2006-10-06 14:51:00