ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresL1 vs a existing K1 application
Read up on it. We had looked into this (and decided against it because we weren't sure if we'd get the L-1 in time for him to travel here for the wedding), and one of the things I remember is that you can't switch from a K-1 to an L-1. That's in the instructions on the L-1. I am not certain, however, what that means practically: whether you can't switch once you're in the U.S. having used your K-1, or whether you can't switch beforehand, or whether you can't switch without formally canceling the K-1.

And I don't know if there would be a problem cancelling a fiance visa in process to go for an L-1. I suspect not, but you might want to run this by an attorney. The L-1 is great if you can get it, though. Dual intent, very easy to get.
CaladanMaleCanada2007-08-27 08:20:00
K-1 Fiance(e) Visa Process & ProceduresFlight through JFK to get temporary EAD?
QUOTE (Dan + Gemvita @ Sep 7 2007, 02:28 AM) <{POST_SNAPBACK}>
QUOTE (Kayleigh+Kyle @ Sep 7 2007, 01:25 AM) <{POST_SNAPBACK}>
I was wondering if anyone had done this (again, my apologies if this topic has been covered), but has anyone ever gone out of their way to get a flight through JFK so the fiancé could get a temporary EAD? My fiancé is from western Canada (a few hours from Vancouver to be exact) and I want him to get a temporary EAD, but the problem is None of the average flights from western Canada to Ohio come through New York, since it not along the way. I was wondering if people have purchased multiple sets of flights (like one to JFK and then a later flight on another ticket) or how one would go about "building" a flight in order to get the temporary EAD. Thanks so much guys!


Some Canadian airports do pre-flight immigration, if you go through one of those airports, you wont be able to get an EAD at JFK.


All flights originating in Canada and coming directly to the U.S. cross U.S. immigration & customs prior to boarding the plane. (With the exception perhaps of Cathay Pacific... wink.gif So it's not going to make a difference what flight (broadly speaking) you come in on. Even if you land at JFK you'll count as 'domestic' for immigration purposes.

The temp EAD made a significant difference in our case which is why I worked my butt off so C. could get it. (In our case, 'what's it worth?' was significant cash.) 90 days is a lot if you have a job lined up.

We managed to secure it from Boston's Logan Airport after we crossed the border at Buffalo. (Long story, do a search on my nick for the story.) Bottom line, it might not be a bad idea to make an Infopass at your local USCIS office and see if they have suggestions. (Alternately, fly into Boston and ask the guys at the 'deferred entry' area to give you the stamp even though you've already activated your visa.)
CaladanMaleCanada2007-09-07 20:20:00
K-1 Fiance(e) Visa Process & ProceduresThe whole process is outrageous
QUOTE (alaskaone @ Sep 14 2007, 12:08 PM) <{POST_SNAPBACK}>
Thanks, Feather. You've answered some questions already... I'm gonna have to provide duplicates. My other questions are probably local quirks only Joy can answer such as can we just do the fingerprints and send them in?

Fiance & I are going to California and then on a month long honeymoon visiting family and such. I don't want to miss an appointment to get her fingerprints done (again, they were done in Finland already).

Oh, what the heck is a 'lock box'? There appears to be two addresses to send the status adjustment form... I remember the Lincoln, Nebraska address but now there is a 'lock box' to send it to in an entirely different city.

The work permit is free now but that application gives a different address from the AoS application... I'm afraid they'll bounce it back if I don't include a fee.

It doesn't have to be like this.


You'll be okay. Family based petitions go to the Chicago Lockbox (basically a big PO Box.) If you send the I-765 and I-131 along with the I-485, you don't need to send a separate fee, and you send them ALL to Chicago.

And with the delays lately, you probably won't miss your biometrics appointment. I filed at the beginning of August and we still don't have our appointment (he's been fingerprinted three times since this process began... you'd think one of them would count. wink.gif )
CaladanMaleCanada2007-09-14 11:10:00
K-1 Fiance(e) Visa Process & ProceduresThe whole process is outrageous
QUOTE (pushbrk @ Sep 14 2007, 12:03 PM) <{POST_SNAPBACK}>
QUOTE (Caladan @ Sep 14 2007, 08:53 AM) <{POST_SNAPBACK}>
alaskaone's being a bit hyberbolic, but pretty much 100% correct. The luckiest thing for USCIS was 9/11 because now every bureaucratic inefficiency can be swept away with a worry about terrorists. No EAD? Terrorists. Filing the obsolete G-325A eight times? Terrorists. Fingerprinted three times (the first two were warm-ups)? Terrorists. No driver's license. Terrorists AND illegals.

As if the US were the only country to fear terrorism and have immigration. The system is broken and it is beyond absurd that in the name of security(!) the process takes this long. Here's a hint, kids. If Joe Terrorist is coming here he's not going to go through the process that requires a background check, and if he does, you can bet Osama's eyeteeth that he will be the guy with the perfect background.

alaskaone, if you want to help, the best thing you can do as a private citizen is educate yourself about the process. Read immigration law. Read the policies. And when your friends chat about how easy it is, let them know what the process is like. Bug the hell out of your Congressmen when Congress decides to make more stupid immigration laws.


Members support members in this group. The OP offers no support. Instead, the OP offers screams and tears for the shoulders of others without contributing so much as a timeline to the group. Even the tears and screams are irrational. The first advice was the best. Zanex or something stronger.


Pull the other one. You mean everyone's real problem with the OP's post is that he hasn't filled in a timeline???

Personally, I'd recommend tequila but only because that stuff is practically a hallucinogen.
CaladanMaleCanada2007-09-14 11:08:00
K-1 Fiance(e) Visa Process & ProceduresThe whole process is outrageous
alaskaone's being a bit hyberbolic, but pretty much 100% correct. The luckiest thing for USCIS was 9/11 because now every bureaucratic inefficiency can be swept away with a worry about terrorists. No EAD? Terrorists. Filing the obsolete G-325A eight times? Terrorists. Fingerprinted three times (the first two were warm-ups)? Terrorists. No driver's license. Terrorists AND illegals.

As if the US were the only country to fear terrorism and have immigration. The system is broken and it is beyond absurd that in the name of security(!) the process takes this long. Here's a hint, kids. If Joe Terrorist is coming here he's not going to go through the process that requires a background check, and if he does, you can bet Osama's eyeteeth that he will be the guy with the perfect background.

alaskaone, if you want to help, the best thing you can do as a private citizen is educate yourself about the process. Read immigration law. Read the policies. And when your friends chat about how easy it is, let them know what the process is like. Bug the hell out of your Congressmen when Congress decides to make more stupid immigration laws.
CaladanMaleCanada2007-09-14 10:53:00
K-1 Fiance(e) Visa Process & ProceduresI am afraid
Morocco is a tough consulate to get through. Lots of guys looking for American women to use as papers to get to the U.S., so the consulate is extra suspicious.

If your guy had a petition filed for him earlier this year, even though he didn't go to the interview, and you don't yet know whether the case has been formally closed or whether his ex is still trying to keep it alive, you will likely have a more difficult time convincing the consulate that this guy who had another fiancee eight months ago is not trying to use you for an immigration benefit.

Check out the MENA forum; the girls there have seen just about everything and they may have some advice for you. In any case, make sure you document the relationship well on both of your visits.
CaladanMaleCanada2007-08-30 10:02:00
K-1 Fiance(e) Visa Process & ProceduresTurned down for tourist visa
Yes, that's true. It's just that in a lot of cases the presumption is pretty weak, depending on the POE.
CaladanMaleCanada2007-09-20 08:59:00
K-1 Fiance(e) Visa Process & ProceduresTurned down for tourist visa
QUOTE (pushbrk @ Sep 19 2007, 09:56 AM) <{POST_SNAPBACK}>
QUOTE (Semih_El @ Sep 18 2007, 10:16 AM) <{POST_SNAPBACK}>
sad.gif Today was Semih's interview and he was denied for the B2 Visa. It was very short one she denied him on being and intending immigrant. So of course I had to research what this meant and the thing that I don't understand is how can she say he is an intending immigrant when he was only requesting 2 weeks in the US for engagement purposes only. When I looked up what intending immigrant meant it stated that it is a person who is planing to stay in the US permently and that we would need an affidavid of support. In which we purposely didn't submit b/c we didn't want to give the wrong impression. Yes, eventually he is planning to stay here but we were applying for a tourist visa for 2 weeks, since I can't get to Turkey to make our engagement official. She also stated that it is against US law to give him the visa b/c he has intent to stay. He then tried to explain that "he just misses me" and she proceeded to tell him that she has a finance in Bolgaria and that he should just accept it and wait until his K1 visa is approved. I personally think her statement was unescessary.

We knew it was a slim chance for approval, but is it really against the law to approve this B2 visa? We were honest and did everything by the book and just feel like she "knocked the wind out of our sail"

Also we were told that his passport should've been stamped denied is this true?

Semih wants to apply again, b/c we heard that sometimes it depends on the person interviewing. What do you think?


Applying again would be folly. From most countries, there's really no way for an intending immigrant to visit the US during the process. Even though the intent is later, Semih intends to immigrate.

I would simply resign yourself to the notion, you'll be traveling to visit him. A third country is still an option but you'll still be traveling. Join the club and stock up on your favorite snack food.


Technically, it's not the immigrant intent at a LATER date that is the problem. Many couples manage to have the beneficiary visit while the K-1 is pending. Intent is tied to the visit, not the person's general life plans. C. visited while his petition was enroute to Vancouver. He had a GENERAL intent to immigrate once he had the K-1, but his intent on the visit was to visit and then leave. It's the latter they care about.

The problem is that having an American fiance creates the presumption that the person intends to use the tourist visa to immigrate.

The consulate has to judge whether it is likely that if they grant the person the tourist visa, they will abide by the terms of it, or whether they're essentially giving someone a green card (since the person could adjust status to marry from a tourist visa.) It's not often easy to get a tourist visa from some of these places to begin with, and having a fiance in the US raises the suspicion that the person might not return to their home country.
CaladanMaleCanada2007-09-20 08:50:00
K-1 Fiance(e) Visa Process & ProceduresADVICE NEEDED PLEASE
Eh. I don't think she should, mind you, since it seems that she does want to immigrate, but C. and I visited back and forth twice while we were engaged and had the K-1 pending. They let him in (and me in) because they didn't believe we had immigrant intent on that visit. Intent is tied to the visit, not to someone's general life plans. The fact that C. had intent to move to the U.S. in May didn't stop him from having NO immigrant intent in January.

And if after he visited in January we decided 'screw it, we're marrying NOW', we would have been able to make a very good case that even though we were engaged, his intent when he crossed the POE was to return.

It's just not the case that planning to move permanently at some point invalidates the use of the VWP. There's proving that you didn't intend to stay when you entered, which isn't easy, but it's not just as simple as saying 'I want to get married and move to the U.S.' on a message board means that you have immigrant intent for every forthcoming visit.
CaladanMaleCanada2007-09-22 10:04:00
K-1 Fiance(e) Visa Process & ProceduresADVICE NEEDED PLEASE
QUOTE (pushbrk @ Sep 22 2007, 10:15 AM) <{POST_SNAPBACK}>
QUOTE (hopeless_romantic @ Sep 22 2007, 05:13 AM) <{POST_SNAPBACK}>
Thank you but would the fact that a visa petition was made (and also approved by the U.S Embasy in London) in my behalf by my ex-husband would affect any of this?

QUOTE (kim&james @ Sep 22 2007, 01:06 PM) <{POST_SNAPBACK}>
You will need to apply for either a K1, if not married or a K3 if married visa. Then you will AOS here in the US.



It's not a reason for denial. The only "difference" I can think of is you might get a couple different questions at interview because of it.

You cannot just come to the USA on the visa waiver program, get married and adjust status. That's visa fraud. Your new partner will need to petition for your right to apply for a visa, just like your current husband did. All these options are explained in detail in the guides. Just click on the word "Guides" at the top of any page here.


It's only fraud if you use the VWP with the intent to stay (and it's a further question of whether they can show it). Plenty of people adjust from the VWP or from other visa types, and they are not investigated for fraud, nor have they gotten away with anything illicit.

I agree that the OP is probably better off getting a marriage-based visa, but if she came over here for a visit and then they decided to marry, she wouldn't necessarily have to return in order to file for permanent residency.

Anyhow, OP. Having had a previous petition filed on your behalf isn't a bar to adjusting status. You will want to have good documentation of the relationship and all of the divorce paperwork. Were you from a high fraud country, I'd be concerned that they might think you were just trying to land an American, but you're from the UK. So just make sure you're clear about when and where you met and how your relationship developed and be prepared for one or two questions about it.
CaladanMaleCanada2007-09-22 09:45:00
K-1 Fiance(e) Visa Process & ProceduresStep 2 of my plan to visit - Ties
QUOTE (moxcamel @ Sep 21 2007, 03:32 PM) <{POST_SNAPBACK}>
QUOTE (devilette @ Sep 21 2007, 12:25 PM) <{POST_SNAPBACK}>
QUOTE (moxcamel @ Sep 21 2007, 12:20 PM) <{POST_SNAPBACK}>
I'm just saying, I'm not going to chastise someone for wanting to be with their loved one and doing something about it. If someone has to use the VWP to visit their loved one, then the system is broken anyway and needs to be fixed. That's where the concern should lie, not with the few people who may technically be abusing it, but who are doing it for all the right reasons anyway. People like the OP are not the problem. The real abusers--the criminals--those are the people who are creating the real problems in the system.



Let's just throw customs & immigration rules out the window, eh?

Ah, the old "begging the question" fallacy. Because of course this is the only conclusion that can be drawn from my argument, eh?


People, just as a favor to those of us who work with arguments for a living... 'Begging the question' does not mean 'raises a question.' Put down the word 'fallacy' and back away slowly.

What you mean is, "devilette, this is not the only conclusion that can be drawn from my argument, and that's not what I meant."
CaladanMaleCanada2007-09-22 11:52:00
K-1 Fiance(e) Visa Process & ProceduresStep 2 of my plan to visit - Ties
A doctor's appointment doesn't count as proof of ties. Think about it-- you might break a doctor's appointment without thinking about it just because you didn't want to get out of bed that morning. How much easier would it be to break it when you have a fiancee waiting for you?

The VWP is not broken. It's actually about the only thing that makes sense. You're from a country with low risk of fraud, you have a passport, we trust the foreign government to issue you a passport, we've agreed on standards for the passport: come on in and stay for up to 90 days. Don't live here more than you live at home.

But the thing is, most people can't take 90 day vacations and with a fiance in the U.S. (i.e., every reason to stay) and a history of long visits, you run a risk of being turned around. We never had any problems in three years of visits, but our longest visit was 24 days and they never asked for proof of anything. We had a history of two-week long visits, basically.
CaladanMaleCanada2007-09-22 11:49:00
K-1 Fiance(e) Visa Process & ProceduresProof of Meeting question?
C. and I didn't start researching the visa process until about two years into our relationship, and while he's the sort that keeps plane tickets and stubs, I am not because who needs all that paper around once the bills are paid?

So of ten or so visits, we had primary evidence for about five of them. I wrote all of them in the timeline and indicated where I had evidence. Where I didn't, I put 'no evidence included.'

In any case, the requirement is proof of one meeting in person in two years, not proof of the first meeting, so you should be good to go. smile.gif Our earliest meeting was outside the two-year range anyway. Explain how you met. It's best to give them the whole story rather than pretend you met later than you did. But it's okay if you can't prove that first meeting if you can prove other meetings.
CaladanMaleCanada2007-09-23 18:31:00
K-1 Fiance(e) Visa Process & ProceduresAfter fiancee is in the U.S. when can we travel?
It's not permission from a POE officer to travel outside of the U.S. as it is permission to get back in.

Your fiance will need either her advance parole document or her green card to be let back into the U.S. if you travel out of the country. If you file for them both in January, you should at least have AP by July, so you'll be able to visit Mexico then.
CaladanMaleCanada2007-09-25 07:52:00
K-1 Fiance(e) Visa Process & ProceduresK1 after divorce
Here's a cite from the law:

9 FAM 41.81 N6.6 Petitioner and Beneficiary Must be Legally Free to Marry (CT:VISA-756; 07-27-2005)
a. For a K-1 petition to remain valid, the petitioner and the beneficiary must:
(1) Have been legally free to marry at the time the petition was filed;
(2) Have remained so thereafter; and
(3) Continue to have the intent to marry within 90 days after the beneficiary’s admission into the United States.
b. A K-1 petition filed when the petitioner and/or the applicant was still legally married shall not serve as the basis for visa issuance, even though that marriage was terminated and applicant/petitioner became free to marry within 90 days of arrival in the United States. If a consular officer finds that the petitioner and/or applicant is/was not legally free to marry, post must return the K-1 petition to the national visa center (NVC) under cover of memorandum detailing the specific, objective facts giving rise to the officer’s determination.


Emphasis mine. You might get lucky, but my understanding is that the initial petition is adjudicated only with the information that's true at the time of filing. That means I can't say 'I am going to meet my fiance for the first time' in one month or 'I'll be 18 by the time he interviews' and file.
CaladanMaleCanada2007-09-04 10:57:00
K-1 Fiance(e) Visa Process & ProceduresK1 after divorce
QUOTE (aaron&lidia @ Sep 4 2007, 09:16 AM) <{POST_SNAPBACK}>
Just keep checking back to this post, if we get denied I'll let you know, easy. I can't understand why every one is so quick to shoot down your hopes. i think some people forget how they felt when they first started this process... you have nothing, you feel desperate. If we get denied at least I tried to get my family back, you can't put a price on that.


Because we don't think someone should spend $455 to get denied when they can use that money to put toward one more trip together and file at Christmas. We could just blow sunshine up their ### to give them false hope, but I think that's not responsible when the instructions on the petition say 'free to marry at the time of filing.' At least we tried to get my family back... well, if he waits six months, he can try and SUCCEED.

The fact is that USCIS and the State department are not going to hand someone a visa when they're not eligible for it on the promise that the person will not use the visa until they're eligible. They can't adjudicate what they can't see, and that includes the future. Maybe the visa applicant becomes eligible. Maybe the guy reconciles with his spouse and now the new girl has no one to marry and the U.S. has just essentially let someone into the country who will go out of status. Maybe the whole process takes four months.
CaladanMaleCanada2007-09-04 10:39:00
K-1 Fiance(e) Visa Process & ProceduresCalling the CSC and Wedding talk!!!!
Do not set anything for the wedding that you have to pay for. You do not know how long this process will take, and it will just add to your stress if you have to worry about your guests buying plane tickets.

Once you have the visa, you have six months to use it, and once you use it, you have 90 days to get married. There is no requirement that the big wedding party be on the same day as the civil ceremony, so you could conceivably get your visa in January, move here, have a civil ceremony, and then spend six months planning the wedding reception and/or the religious ceremony.

C. got his visa in February, and we started the wedding planning in March. He crossed in May, we married in July.
CaladanMaleCanada2007-09-20 08:40:00
K-1 Fiance(e) Visa Process & ProceduresMarrage Consent Letter
QUOTE (pushbrk @ Oct 11 2007, 10:18 AM) <{POST_SNAPBACK}>
QUOTE (Luke and Deanna @ Oct 11 2007, 07:06 AM) <{POST_SNAPBACK}>
Hi, yes she is the petitioner. The reason I ask is because I know that everything has to be just right with the application and I don't want to delay it by missing something obvious. I kind of thought it was a silly question, but I always like to double check.

The only reason i am doing this form is because I am printing everything out. I will obviously get it signed by her parents before sending.

This forum is designed to help people so thats why I asked this question, not to have someone respond in such a childish way. You don't ask, you don't know.

Cheers


Unfortunately, you're making your relationship sound like you're arranging for a wife. The process is intended to be one where the USC petitioner makes arrangements for their fiance(e) to apply for a K1 visa, so they can marry in the US. As such, she and her parents take the lead. Your need to draft a letter of consent for a 17 year old's parents furthers this impression. The letter should be in their words, giving their permission for their daughter to marry you. It's pretty darn simple. The local requirements aren't part of the petition process. Her parents can deal with that if she still needs it by the time you arrive and are ready for a wedding.


pushbrk, you're making a lot of assumptions that seem to be unwarranted. He's asking what the form of the letter should be. That doesn't entail that he's writing it on behalf of the parents any more than someone following the guides here is arranging for a spouse because they got to see the sample letter of intent, or that someone asking for a sample of an answer for Q18 is planning to lie about how they met. If you ask how your partner should conduct herself at the consulate, are you arranging for a wife because it's 'her' visa, not yours at that point? Come on.

It's their petition. They're taking ownership of it rather than just guessing what supporting materials to need. I'd be more worried if it were the parents doing the research.

Anyhow, to the OP. There isn't a special form or anything that you fill out for USCIS for permission to marry. Her parents just need to write a letter indicating that they give their consent if I'm reading 5C correctly. I am not an expert, but were it my petition, I would ask my parents to note:
-their relationship to me
-that they give their consent for me to marry
-and that they intend to follow through on whatever legal requirements there are in our jurisdiction.

I would also have it notarized to show that it was my parents signing the permission form, not me.

Once you're here, you'll have to do whatever the county you marry in requires you to do if she's still underage.

One thing to keep in mind -- if she's not yet 18, she can't serve as a sponsor for you, so you will need to have a co-sponsor (like her parents) lined up.
CaladanMaleCanada2007-10-11 10:16:00
K-1 Fiance(e) Visa Process & ProceduresAdvice on my fiance's travel into America
QUOTE (Dan + Gemvita @ Oct 13 2007, 01:34 AM) <{POST_SNAPBACK}>
Yes, you can be turned back on a tourist visa, but for the most part, the reasons why are not issues with a K-1 visa.

The issue with you purchasing her ticket is that they require the credit card used to purchase the ticket during check in. Which would be fine if you were traveling with her. But since you wont be, you may have to send her the money to purchase a ticket from the Philippines. Sometimes this is the cheapest option anyway.


Is this a Phillipines-specific problem? Because whenever I've flown with an e-ticket, they've used the credit card or the passport swipe to verify my ID, but there was no transaction at that point. Or I've headed to the counter and handed them my passport. I don't think the purchaser has to match the name of the passenger (or else children could never fly.)

In which case, as long as he books the ticket in her name and pays for it, when she shows ID to check in, she'll be fine. If it's cheaper for her to buy it there, that might make sense.
CaladanMaleCanada2007-10-13 12:23:00
K-1 Fiance(e) Visa Process & ProceduresTrying again after denial
QUOTE (noll @ Oct 19 2007, 02:06 PM) <{POST_SNAPBACK}>
Dear Readers,
If a fiancé is denied her fiancé visa, will both the man (petitioner) and woman (beneficiary) be permanently denied upon subsequent application submittals (whether you both apply again together or with different people)? In other words, do you both only have only one shot at getting approved for a fiancé visa?
Thank you.
Noll


noll, sport, if I've read you right, you haven't even asked her to marry you yet. Let's not get the cart too far ahead of the horse, you'll give yourself a heart attack.

The answer to your question is just 'it depends.' It would completely depend on the reason for the denial as to whether a second petition would face additional scrutiny. And also what would be meant by 'denial.' It's actually a pretty long process with plenty of places to turn around or challenge an incorrect finding, or to waive findings of inadmissibility.
CaladanMaleCanada2007-10-19 23:48:00
K-1 Fiance(e) Visa Process & ProceduresFiance visa approval by state
noll, are these questions serious or are you just having a bit of fun? State of residence only determines where you file. To deny your petition/her visa, they have to give a reason, and 'Newark sucks' wouldn't fly. wink.gif
CaladanMaleCanada2007-10-20 13:08:00
K-1 Fiance(e) Visa Process & ProceduresFiance's ex-husband being difficult
QUOTE (ky-vag @ Oct 20 2007, 06:00 AM) <{POST_SNAPBACK}>
Hello all,

I am a newbie here, my first question (of many i'm sure) My fiance's ex-husband told her that she would not be allowed
to bring their 2 year old daughter to the United States. My question: will this in any way affect her approval to come to the U.S.?


My question is 'to which does the 'her' refer'? It won't be a problem for your fiancee's petition, but it stands a good chance, on the assumption that he has parental rights over the little girl, of causing problems for her daughter's visa.
CaladanMaleCanada2007-10-20 09:08:00
K-1 Fiance(e) Visa Process & ProceduresUS Passport: Send Original or Make Copies?
QUOTE (Why_Me @ Oct 20 2007, 12:09 AM) <{POST_SNAPBACK}>
I was thinking that if I send my passport, (instead of making copies), along with my K-1 Visa Package, that it would help the process along. But if I do send it, will they send it back to me after they are finished reveiwing my K-1 package? Or can I just order another passport if they don't send it back.


It doesn't speed up the process and might result in your passport getting lost. Just photocopy it and send it along.
CaladanMaleCanada2007-10-19 23:44:00
K-1 Fiance(e) Visa Process & ProceduresFiance Visa denial
QUOTE (Seattle2Cebu @ Oct 20 2007, 03:25 AM) <{POST_SNAPBACK}>
dude, theres a lot of sweet girls out there, if she isnt writing any more than that, youve got a problemo
in my opinion.. My fiance got off to a slow start writing, and I pressed her on the subject, and at that
time she wasnt in fact that serious about me. We continued writing off and on, and then things kicked in
and we write 3-8 emails a week.... Im also going to send some snail mails since I havent been doing that,
I am lazy to write... and she is to... Ive also sent an lbc box or two and money on xoom....
dont have a lot of cell phone records as she broke two phones, im going to send another cheapie.

but seriously... re-think this one.. for your own sanity..



QUOTE (noll @ Oct 19 2007, 10:18 PM) <{POST_SNAPBACK}>
QUOTE (Gwen666 @ Oct 19 2007, 01:55 PM) <{POST_SNAPBACK}>
E-mail is only one piece of the picture. How heavily it will be weighted will probably depend on what other proofs you are bringing...phone records, proof of trips, etc. If that is you only proof, you might be in trouble if you only have a few e-mails. However, this is also completely arbitrary, dependant largely upon what Consulate you're going through and what the actual interviewer makes of the situation.


Thank you Gwen666 for this insight. So, from what you are describing, it sounds like most people make it to the interview stage even if their e-mail exchange was dismal. It sounds like it is at the interview stage where they make the ultimate decision. If I have a ring on her finger that should be convincing enough? The problem is, I can't get my girl to write e-mail more than once a month, if I am lucky.



I'm glad you feel so confident to diagnose his relationship but I'd point your attention to him saying that they talk everyday on the phone. Is there something magical about e-mails that proves that you shouldn't throw the woman back and try to get yourself another, or did you just miss that they communicate a lot, just not via e-mail?
CaladanMaleCanada2007-10-20 09:05:00
K-1 Fiance(e) Visa Process & ProceduresFiance Visa denial
QUOTE (noll @ Oct 19 2007, 11:18 PM) <{POST_SNAPBACK}>
QUOTE (Gwen666 @ Oct 19 2007, 01:55 PM) <{POST_SNAPBACK}>
E-mail is only one piece of the picture. How heavily it will be weighted will probably depend on what other proofs you are bringing...phone records, proof of trips, etc. If that is you only proof, you might be in trouble if you only have a few e-mails. However, this is also completely arbitrary, dependant largely upon what Consulate you're going through and what the actual interviewer makes of the situation.


Thank you Gwen666 for this insight. So, from what you are describing, it sounds like most people make it to the interview stage even if their e-mail exchange was dismal. It sounds like it is at the interview stage where they make the ultimate decision. If I have a ring on her finger that should be convincing enough? The problem is, I can't get my girl to write e-mail more than once a month, if I am lucky.


Everything depends on the whole picture, noll. A ring alone doesn't prove you have a relationship; it proves you bought a ring. A phone record doesn't prove anything beyond a phone call. &c, &c. But when you put the whole picture together, you see a couple that talks a lot on the phone and an engagement ring.

E-mails are good proof of communication, but they're not necessary to being approved. We had no e-mails but a decent amount of phone logs showing that we talked every night. Why? Because I thought e-mails were kind of dumb when chances are he'd call before he had a chance to read an e-mail. If I had printed most of our e-mails, they would have said 'love you babe will be home a little late call at 10 instead of 8.'

You can check the regional forums for advice more specific to your consulate in terms of advice and what the officers like to see. But take a deep breath.
CaladanMaleCanada2007-10-19 23:43:00
K-1 Fiance(e) Visa Process & ProceduresOther alternatives to K1 or K3 visa
Nope. The requirements for the initial petition don't specify an amount of time you have had to know each other, just that you've met once in person in the previous two years before filing. (Now, of course, you need to prove that you have a bonafide relationship, which may entail that you've met more than once, but it's not part of the law.)

As far as marrying and adjusting off of a tourist visa, it can be done (plenty of people have, it's not illegal), but the burden is on you to show that she didn't have intent to stay when she entered on the tourist visa (like if she came for a visit and you spontaneously happened to get married.) This can be tricky, and it's better to do the K-1 if you're already planning for her to stay. (She may have a hard time getting a tourist visa with an American fiance anyway, so it may be a moot point.)

Start by reading up on the K-1 here.
CaladanMaleCanada2007-10-26 12:11:00
K-1 Fiance(e) Visa Process & ProceduresGetting married immediately for AOS
QUOTE (Jesse G @ Nov 3 2007, 04:00 PM) <{POST_SNAPBACK}>
QUOTE (Caladan @ Nov 3 2007, 09:11 AM) <{POST_SNAPBACK}>
QUOTE (Drew and Tik @ Oct 31 2007, 11:03 AM) <{POST_SNAPBACK}>
QUOTE (rebeccajo @ Oct 31 2007, 10:54 AM) <{POST_SNAPBACK}>
QUOTE (LisaD @ Oct 31 2007, 10:25 AM) <{POST_SNAPBACK}>
Maybe he confused 'EAD' with 'AOS'

Barring some sort of problems, those are issued relatively quickly, no?

By 'relatively quickly' I mean < 120 days, heh.


I don't believe Drew confused EAD and AOS, since he used the phrase 'before her greencard comes'.

EAD is supposed to be to you in 90 days. Infopass is permitted after that point.


No, I did actually, sorry. Now I see that the 88 days was the average wait for the EAD, while AOS the average wait time is more like 5 - 6 months. Sorry for the confusion.

So what I meant to say was, if we get married almost immediately after she gets here, there should be very little gap between her getting her temporary EAD at JFK and her EAD that lasts longer (not sure how long, if anyone knows it would be helpful). Do you think this is true?


Under law, they have 90 days from the time you file to approve your EAD. (This time can be extended if they send you an RFE since legally, that gives them another 90 days.) Historically it's been right around 90 days.

Her K-1 work permit expires with the I-94 (90 days after entry), not with the marriage.

I think doing the civil ceremony first makes sense, and I wish we'd done the same. smile.gif


I've seen these points brought up in other threads and I'm curious about two things:
Is getting a work permit upon entry with the K-1 generally easy?
If the work permit expires before the EAD is approved (seems like a common scenario), and she already has a job by the time the permit expires, does that mean she has to quit her job? (apologies if this is a stupid question)


1. It depends on the POE. JFK is the only POE reliably giving out the stamp that shows the K-1 is work authorized, but we managed to get ours at Boston's Logan Airport.
2. Legally speaking, yes. C. remained employed, but as a subcontractor, they just didn't schedule him for those two months. In other words, they were flexible and gave him time off until he had his EAD. (Most everyone, including a couple of lawyers, thought he should just work straight through because it's technically the employer's responsibility to check.)
CaladanMaleCanada2007-11-03 15:18:00
K-1 Fiance(e) Visa Process & ProceduresGetting married immediately for AOS
QUOTE (Drew and Tik @ Oct 31 2007, 11:03 AM) <{POST_SNAPBACK}>
QUOTE (rebeccajo @ Oct 31 2007, 10:54 AM) <{POST_SNAPBACK}>
QUOTE (LisaD @ Oct 31 2007, 10:25 AM) <{POST_SNAPBACK}>
Maybe he confused 'EAD' with 'AOS'

Barring some sort of problems, those are issued relatively quickly, no?

By 'relatively quickly' I mean < 120 days, heh.


I don't believe Drew confused EAD and AOS, since he used the phrase 'before her greencard comes'.

EAD is supposed to be to you in 90 days. Infopass is permitted after that point.


No, I did actually, sorry. Now I see that the 88 days was the average wait for the EAD, while AOS the average wait time is more like 5 - 6 months. Sorry for the confusion.

So what I meant to say was, if we get married almost immediately after she gets here, there should be very little gap between her getting her temporary EAD at JFK and her EAD that lasts longer (not sure how long, if anyone knows it would be helpful). Do you think this is true?


Under law, they have 90 days from the time you file to approve your EAD. (This time can be extended if they send you an RFE since legally, that gives them another 90 days.) Historically it's been right around 90 days.

Her K-1 work permit expires with the I-94 (90 days after entry), not with the marriage.

I think doing the civil ceremony first makes sense, and I wish we'd done the same. smile.gif
CaladanMaleCanada2007-11-03 09:11:00
K-1 Fiance(e) Visa Process & ProceduresDumb Question about using None and N/A
"None" is for when the question applies to you, but the answer is 'there is nothing to list here.'
"Not applicable" is for when the question doesn't apply to you because you don't meet some condition on the question.

The marriage example is perfect. I hadn't been married before, but the question still applies to me, so I answered "none." But when the question went on to ask for the names of the spouses, I answered 'N/A', because the question didn't apply since I had no previous spouse. (Other non-immigration examples.... suppose you're female, and the generic medical questionnaire asks for the date of your last prostate exam. N/A is the right response.)
CaladanMaleCanada2007-11-16 09:53:00
K-1 Fiance(e) Visa Process & ProceduresTravel after wedding
QUOTE (tanffy @ Nov 19 2007, 05:42 PM) <{POST_SNAPBACK}>
QUOTE (LizC @ Nov 19 2007, 04:15 PM) <{POST_SNAPBACK}>
Ok - again this might be a dumb question... how long does it take to receive conditional permanent residency from that point? Is there a timeline you can direct me to?


Usually it takes about no more than 90 days, I think whistling.gif
But to lift the conditional, it takes 2 years after marriage and then you can lift it and have a green card for 10 years.
For more information go here ... http://www.visajourn...p?showtopic=300

Good luck friend,
Tanffy


No more than 90 days? Under 90 is historically pretty quick.

The fee for the I-485 now includes the I-131 and I-765.
CaladanMaleCanada2007-11-19 19:18:00
K-1 Fiance(e) Visa Process & ProceduresGot my K-1 visa approved BUT....
QUOTE (dylan.evans @ Nov 29 2007, 12:24 PM) <{POST_SNAPBACK}>
visa is in my passport from today,an i had a yellow envelope from them too hand into immigration

The thing is,im IN the states already on a I-94.(I sent my passport to US Embassy in the UK as they needed more docs after the interview)

I can get my package/passprt sent to me here in the US,,but HOw will i activate the K-1 without coming in through an airport??

I cant afford to fly to Uk and back again......

Thanks


Some airports allow deferred entry. It's a way to activate a visa when you're here on another one. I don't have a list handy (Boston's airport does it), but that's what you're looking for. That, or take a short hop to Mexico or Canada.
CaladanMaleCanada2007-11-30 15:02:00
K-1 Fiance(e) Visa Process & Proceduresdeferred name change?
The short answer to your question is 'yes.' If you don't want to change your name right away (or at all), you don't have to. But as YuandDan says, it's cheaper, if you eventually intend to use your husband's name, to use that name when you file for AOS.

When you get married civilly, that's what generates the marriage certificate. You may have to explain to the minister why you don't have a license for him (because you're already legally married), but there's nothing else he'd need to do except the religious half of the ceremony.

Another thing you might consider is that once you receive the visa, you have six months to use it, so you could delay entry into the U.S. and use that time to plan the wedding and get it all done at once.
CaladanMaleCanada2007-12-01 10:45:00
K-1 Fiance(e) Visa Process & ProceduresCan I get away with planning a real wedding now?
Don't plan anything with a deposit that you can't afford to lose. Other people's experience may vary, but I found that most places wanted some kind of deposit to hold the date, so in practice, that meant a lot that we couldn't book until the visa was in hand. You can do some stuff, like your gown, your bridesmaids' gowns, or meeting with vendors and officiants. But I think it would only add to the stress of the process if in addition to everything else, you had thousands of dollars on the line.

That said, we had a fun fluffy white wedding, which we planned in one week in March for July.
CaladanMaleCanada2007-12-02 10:11:00
K-1 Fiance(e) Visa Process & ProceduresMarriage outside the U.S. on a K-1 visa
QUOTE (LaL @ Oct 30 2007, 09:34 AM) <{POST_SNAPBACK}>
I think the big fear of honemooning outside the continental USA (or for AK, HI, etc outside their state) is due to re-routing of trips. It is possible to wind up in a situation that could be troublesome. Yes, you can go to some non-continental places, however there can at times be some unforseen issues. It is up to you if it is worth it. There is always the option of marrrying, applying for AP, then going on the honeymoon.


Yup. Hawai'i is a state, and kind of isolated, so you're probably okay there, but if you're thinking of a cruise or a trip to some of the Caribbean islands, what are you going to do if a storm blows in and your boat or flight is rerouted somewhere outside of U.S. territory?
CaladanMaleCanada2007-10-30 09:01:00
K-1 Fiance(e) Visa Process & Procedurescan we get married in Brazil and still apply fo K-1 visa
QUOTE (ted2 @ Dec 9 2007, 07:41 PM) <{POST_SNAPBACK}>
I am from
the US and want to marry my fiancee from Brazil , she has 2 children , her lawyer says we should marry there first . Would this hurt us applying for K-1 ?


The K-1 visa is for fiancees. If you get married, she's your wife, not a fiancee, so she's not eligible for a K-1. You'd need to pursue a spousal visa.
CaladanMaleCanada2007-12-10 09:06:00
K-1 Fiance(e) Visa Process & ProceduresPeople just dont get it, do they?
Today the cable guy came to hook up our internet. He and my husband got to talking, and it came up that C. had recently immigrated, which started the cable guy on his own story of getting his wife here from the Dominican Republic and the problems he had finding a sponsor since all of his income was in the DR while they were waiting. It was fun to see a conversation about immigration where neither side had to explain to the other what a sponsor was.
CaladanMaleCanada2007-12-03 15:41:00
K-1 Fiance(e) Visa Process & ProceduresPeople just dont get it, do they?
QUOTE (rebeccajo @ Dec 2 2007, 11:38 PM) <{POST_SNAPBACK}>
Well, instead of being silent, why don't you tell them what it's like?

It always blows people's minds when you tell them what it's like for an immigrant to arrive on the legal path. It's a good conversation starter and gives you a chance to blow off some steam.



So true. My parents still can't believe that so much went into the process. Plus, it's good for people to be informed; otherwise they tend to think that immigration 'reforms' only affect "illegal Mexicans", like the commenters on the NYT post who read about someone's struggles to bring his fiance here and cheerfully responded, 'don't blame the government! you should just get married and then you wouldn't have to deal with any of this.'
CaladanMaleCanada2007-12-03 08:42:00
K-1 Fiance(e) Visa Process & ProceduresDisparity Between VSC and CSC and
QUOTE (Cassie @ Mar 3 2008, 01:42 AM) <{POST_SNAPBACK}>
If I had a dollar for every time I have read a "it's not fair, Vermont is so fast" post over the last 3 years, I'd be a rich rich woman!


And they've even reorganized it since then to make it a more equitable distribution of family-based petitions, IIRC. It is also cyclical. VSC slowed down earlier.

CSC hasn't recovered from the backlog yet (I believe they handle more AOS-related stuff than Vermont does, and it was a *huge* hit last August, and people who are here waiting for green cards took priority.)
CaladanMaleCanada2008-03-03 14:28:00
K-1 Fiance(e) Visa Process & ProceduresDenied entry VWP
QUOTE (pushbrk @ Sep 28 2007, 02:38 AM) <{POST_SNAPBACK}>
QUOTE (rebeccajo @ Sep 27 2007, 08:44 PM) <{POST_SNAPBACK}>
I was still married when I met my husband. It ain't no secret around here.

Welcome to the Scarlet Letter Club...........you'll be just fine. There's loads of us.


Not sure where you get the scarlet letter idea. There are practical problems that often come up in the visa process for relationships that begin when one or more of the parties is married. Any judgment made by a Consular Officer shouldn't be a moral one. (Can't speak for what actually happens.) The issues generally involve extra scrutiny to rule out fraud, not moral labels. Some sail through easily. Others go through more hell than you want to imagine. Most just answer a couple extra questions and make extra certain their bona fide evidence is in order.

In this case, the couple can't use the VWP during the visa process because that option was exhausted before they could start the process. No need to imagine nonexistant moralizing when the practical issues are so real. Also no need to pretend the emporer has new clothes.


Also worth keeping in mind that what might be considered a red flag for one consulate might not for another, and in general, first-world English-speaking couples from countries with good economies with the VWP agreement do not face a lot of the same scrutiny.

It seems that they can prove a bonafide relationship with the amount of time they've spent together. They don't have to worry about language issues or a high presumption of fraud.


To the OP: since you're not in NZ now, by the time you'd get residency set up there and meet the residency requirement for DCF, you might just be better off filing an fiance petition and saving up for another visit. Plus, then you'd keep your job here (read up on sponsorship) and your kids' life mostly undisturbed.
CaladanMaleCanada2007-09-28 10:09:00
K-1 Fiance(e) Visa Process & ProceduresHmm
I'd leave the glasses off and pull back my hair. I should clarify I'm not expressing frustration with anyone but the conflicting information offered by various official sources.
CaladanMaleCanada2006-09-10 11:48:00