biggish data

thanks to everyone who replied! I hope everyone waiting with me has their approvals soon

One thing I'm concerned about reading from other peoples experiences is there doesn't seem to be any guarantees they will accept the co-sponsors i-134? My fiance hasn't been able to work in the US because she's been making trips out to visit me in Australia as I make reasonably ok money so it's the easiest way for us to be together. I've read some people getting denied even with co-sponsors who make well above the required income. Is this likely to happen to us in Sydney?! Soooo stressful

MatthewK

Male

2012-12-20 05:43:00

Excellent, thanks heaps! Good luck with yours also!

Matt

MatthewK

Male

2012-12-19 09:42:00

That's a relief to know, thanks a lot

So once we receive NOA2 that means that the NVC have received the petition and will do the beneficiary's background checks etc. How long do you think it will take from NOA2 to getting an actual interview, our consulate will be Sydney, Australia I believe. I'll have a look at some timeline info in the forums now though as well. Just been so stressed out about this but it is good news to know this is actually pretty standard. Thanks again

Matt

MatthewK

Male

2012-12-19 09:17:00

The first three letters are WAC. Thanks heaps for the help hey it is much appreciated. What waiting list do you think I would be in?!

MatthewK

Male

2012-12-19 09:01:00

Oh ok this is making a bit more sense to me now, thank you! Well I can tell you that my lawyer called the NVC the other day and apparently they have not received anything yet. Is it unusual that we got NOA1 on July 25th 2012 and close to 5 months later the NVC still haven't received anything?

Thanks

MatthewK

Male

2012-12-19 08:51:00

Sorry I should have clarified, it was definitely a K1 we filed for. It shouldn't stay on 'initial review' for 7 months should it? Shouldn't we have got NOA1 after a couple of months and then NOA2 when the NVC was finished with it? I'm soooooo confused at this point. I'm glad I'm not the only one dealing with the frustration of seemingly flushing my money down the drain with lawyers. Actually I'm not glad, I wouldn't wish this on anyone. It's sooooo disheartening. Thank you for your reply and welcoming!

matt

MatthewK

Male

2012-12-19 08:45:00

Hi all!

Our petition was received on the 25th of July 2012 and has been stuck on initial review ever since... We have a lawyer representing us and she has only just noticed this... I have been keeping an eye on the USCIS website and have noticed that it has always been on initial review. But due to the fact I'm not a lawyer and am not completely understanding of the whole process I just assumed the initial review was considered to be part of the NVC stage as well. This is why I hired a lawyer because I do not know everything. So I guess I'm just wondering has anyone had any experience with excessive wait times whilst waiting for NOA1 or has any idea why this could be taking so long? Is it lost, did we get an RFE?! No one (us or our lawyer) has heard anything back from them. So confused and frustrated at this point, I really do not understand.

If anyone has any ideas I'd love to hear them.

Matt

MatthewK

Male

2012-12-19 08:33:00

sponsor?!

that's relieving to know! thank you for the information!

MatthewK

Male

2012-12-26 03:07:00

sponsor?!

hello all!

Just wondering if anyone can give me a little advice on something... My fiance (the USC) has been unemployed for 90% of 2012 because she has been flying out to Australia on and off to see me throughout this process as I can't get that much time off work. Because she hasn't been working we have her mother co-sponsoring us, she makes well above the poverty requirements so hopefully there is no problems there. The only thing I'm concerned about at the moment is that my fiance claimed EDD benefits for a couple of months when she was at home in the US. Is that going to be a huge red flag when they see her 2012 taxes when we have our interview in 2013 sometime?

Thanks

Matt

MatthewK

Male

2012-12-26 01:09:00

will i need to update co-sponsor's paper work again?

Hi, The I-134 for the petitioner and the co sponsor are to be included in package 3 or given to the consular officer at the interview. If you go to the embassy without the latest tax info theres a chance you won't be approved until you present the info. This could hold you up on an approval for months with it being the Cairo embassy. Don't take the chance and ask the co sponsor for the latest. If your interviewing before April 15th you can still use the 2011 taxes. Good Luck to you

Hi trulovesjourney! This also applies to my situation! My lawyer seems to think we need to get the 2012 taxes because we will be interviewing in 2013 sometime, we got noa1 on july 24th so I'm hoping for a NOA2 any day now. So maybe we could expect an interview in late march sometime. I have learnt not to put ALL my faith in lawyers so I'm just wondering how sure are you that if we interview before April 15th we wont need 2012 taxes? What is the reason for April 15th as a deadline? Thanks!

MatthewK

Male

2013-02-02 22:49:00

THESE TWO THINGS ARE IMPORTANT FOR ANYBODY CONSIDERING K1 VISA!! MUST READ

LOL

MatthewK

Male

2013-02-12 07:59:00

contacting a legislator?!

Hi all, we got noa1 on july 24th and we are STILL waiting for NOA2 (CSC)... It is obviously past the expected time and we can now complain. Does anyone have any advice on how we can contact my fiances (she is the USC from california) legislator? Will this even help much at all? any advice is HUGELY appreciated, its so frustrating its been sooooo long already.

MatthewK

Male

2013-03-01 05:17:00

K1 VISA HELP!

The K1 is not more "lenient". The same inadmissibilities apply for a K1 as for a B2. The difference is that a K1 allows the visa holder to enter the US with the intention of immigrating. The B2 does not. This means a K1 visa holder won't be screened for immigrant intent, while a B2 applicant will be.

Assault with intention to do bodily harm is a crime involving moral turpitude under US immigration law. That's covered by INA section 212(a)(2)(A)(i)(I). There are a couple of exceptions where it would not be an inadmissibility. One is if the crime occurred before you were 18, and it's been more than five years since your conviction. The other is if the maximum penalty for the crime does not exceed one year in jail, and the actual sentence you received did not exceed six months in jail. If you're found to be inadmissible because of this crime then you would qualify for a waiver on your own if it's been at least 15 years since your crime was committed, and the consular officer determines that your admission to the US would not be contrary to national welfare, security, or safety, and they also determine you've been rehabilitated.

I have no clue why the consular officer told you that you'd be fine if you came back in one year. I don't know of any three year rule for circumventing the inadmissibility. Are you absolutely certain you were denied for the assault conviction? Did they give you a denial letter? It would be immensely useful to know what section of the INA was cited on the letter.

If you were denied a B2 visa because the consular officer found you were inadmissible under section 212 of the INA then you would still be inadmissible if you applied for a K1 visa. However, your fiancee could submit an I-601 waiver request after your visa application was denied if she can demonstrate that it would impose an extreme hardship on her if you aren't permitted to go to the US.

My assault charge was not 'assault with intent to cause bodily harm' it was 'assault occasioning bodily harm'... If one is to be charged of an assault with 'intent' in Australia then 'serious assault' is the charge you would be up for. I didn't actually get a denial letter from the consulate at all that I am aware of, I do not know why? As I understand it the 'extreme hardship' waiver is next to impossible to obtain and just because she has a 'broken heart' that would not be enough. So basically do you honestly think that there really is no way around this problem? Thank you for your opinion and sharing your knowledge.

MatthewK

Male

2012-02-05 02:32:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

K1 VISA HELP!

Hello to everyone!

I am new to this forum and to the whole concept of the K1 visa, so I will first off introduce myself... My name is Matthew and I am 26 years old from Brisbane, Australia. I do actually have a pretty good idea on how the K1 process is going to happen but I would just like to know if anyone has any experiences or knows of anyone who has experienced applying for a K1 Visa with any sort of criminal record.

My fiancee who is a US citizen is 27 and earns well above the required amount, we have also several photos together and spent over 3 months together in the last 6 months. She actually just left to return home this morning so I'm pretty bummed. My problem is this, 2 years ago I plead guilty to a charge of 'assault occasioning bodily harm' (which itself is only the next charge above 'common assault' this charge of occasioning bodily harm to me does not seem so serious as it doesn't really consider 'intent' into the charge nor does it imply the assault ended with 'serious bodily harm' as the charges above assault occasioning are 'serious assault' and 'grievous bodily harm'. So as I understand it, to be eligible and meet the Visa criteria ones crime cannot contain 'intent' and or 'serious' bodily harm.

What I would like to know is if anyone has any exposure to people overcoming these types of things? It was a regrettable situation I found myself in 2 years ago, as I said I am 26 years old and have no other criminal problems or any problems with the Police, I did not provoke this incident but as this other bloke had several more witnesses corroborating his story I ultimately ended up getting the charge to which at the time I did not want to purse fighting in court because I honestly could never foresee it ever being a problem in the future as it was a first offense and all I got was a $600 fine.

I have never lied to the USCIS before, I initially wanted to fly to the USA to see Nikki 5 months ago but as I looked further into the VWP I realised that if this was a road I wanted to take that if I lied on the VWP and said I didn't have any convictions that I could potentially create more severe problems down the road such as an illegal entry would surely waive my right to apply for a K1 Visa. So with this thought in mind, even though the odds would be I could have lied and gotten through to see her on the VWP I decided against this and applied for a B1/B2 Tourist Visa. At the time of this application 2 years had passed since I was convicted of said offense. I was very polite and felt I had everything I needed at the time of the interview, the consulate officer reviewed everything and told me this... "I've got some good news and some bad news, the bad news is that I cannot approve the visa today, but if you come back in a year without any more trouble you will be ok". I said that it was fair enough and I respected his decision, so since I could not go to see her, she came to see me and what ensued has been amazing, I love her with all my heart and just want to be with her. She does not want to live in Australia and I have no problem leaving here for her.

As I understand it the B1/B2 Visa is basically at the discretion of the consulate officer, but the K1 Visa is more lenient I guess is the word because it should be her right as a US Citizen to marry whomever she wants (within reason) So basically what I would like to know is this....

1. Does anyone know if the K1 is more likely to be approved than a tourist visa
2. Being that the consulate officer said to come back in a year, does this mean anything or could he just have been saying that to let me down gently? And that even if I did come back in a year how would any other officer even know that I was told that.

Thanks heaps for your time and I look forward to anyones opinions...

Matthew

1

MatthewK

Male

2012-02-05 01:40:00

Philippines

am I cheap?

I think everyone else has pretty much said what I was going to.

I suggest you run. Fast. Do everything you can to stop her coming to America to stop her taking advantage of you further, because she WILL. She sounds like she doesn't love you and just loves your money. Call the embassy and NVC and tell them you -refuse- to marry this woman, if she already has the visa in her hand. Don't marry her, then she can't stay and take advantage of you!!!

You're being taken advantage of, and emotionally blackmailed, and in the long run, she -will- destroy you financially, and probably mentally too!

I know it's gonna' be hard for you to read this, and what everyone else has said, but if so many people here at VJ can see it, it's obvious that alarm bells are ringing - and they should be for you too.

Good luck with everything. You are NOT cheap, you sound like a really good, nice guy, who is being taken advantage of. Keep us updated.

Katie & Trev

Female

Australia

2011-05-02 05:56:00

Check Status Syndrome...

Haha I'm so glad it's not just me that does this. :lol:

Katie & Trev

Female

Australia

2011-04-07 06:02:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

Useless NOA2

So, so sorry to hear that

Katie & Trev

Female

Australia

2011-04-13 07:55:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

NOA2

Thank you so much everyone

Couldn't have done it without VJ's help that's for sure!

Katie & Trev

Female

Australia

2011-06-26 16:11:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

NOA2

Checked the USCIS website this morning as normal, nothing.

Had a nap, woke up, checked my email...

On June 24, 2011, we mailed you a notice that we have approved this I129F PETITION FOR FIANCE(E). Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

yaaay

Good luck to everyone still waiting!!

Katie & Trev

Female

Australia

2011-06-25 01:19:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

I have a question for fellow K1'ers

we met from an online game (world of warcraft)

I met my fiance on World of Warcraft too

Katie & Trev

Female

Australia

2011-08-08 00:16:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

Finally got the Visa Interview Date

Finally Received packet 3 & 4 email from Embassy in Kazakhstan!!! They gave Enn an Oct 25th Visa Interview date. I am not sure if it was because I was getting impatient with waiting to hear from them, so I sent a 2nd email asking about the progress of it. It will be cutting it really close to the time I leave Kyrgyzstan, (November 2nd approximately) but we are gonna make it work!! Praise the Lord!!

I got my interview date from Sydney yesterday, same date as yours! Hehe good luck!!

Katie & Trev

Female

Australia

2011-09-23 00:14:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

K-1 Fiance(e) Visa Case Filing and Progress Reports

Oh yeah Katie they replied 1st one telling me that had not received it. 2nd one the same and the 3rd on was "oh we are just going through that mail today from that Friday" that was on the Wednesday 31st August I had my visa 1st September the next day So keep on them trust me as our mail gets there they just don't open it. I flew out 4th Sept 1 week before my wedding.

Ugh wow

They haven't replied to me yet, but I got my visa in the mail today so I was lucky!! I was gonna' email them again today if I didn't hear anything. :dead:

So glad it's over until the fun of the AOS begins.. Lol.

Katie & Trev

Female

Australia

2011-11-01 04:20:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

Yeah they do print on Thursdays but they don't always check the mail is what I am saying. I had to send them a document which they lost and only told me at my interview they were missing it so we expressed posted it from the US I tracked it too and it arrived on the Friday so I was thinking I would get visa the following week, nah I waited a week and a half and sent 3 emails as it was sitting in the mail room for a week. AM just saying ok but you may be lucky. They kept me from leaving for 2 weeks because of that.

Ugh. I emailed them on Friday, it's Monday now, still no response. Just wanted to confirm they got the birth certificate. Did they reply to your three emails? I'm just worrying now haha

Katie & Trev

Female

Australia

2011-10-30 23:55:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

Congratulations but just keep a track on that mail and hopefully you will get visa in a week or so. They have a tendency to not rush anything when they are waiting for mail.

Thank you!

My birth certificate arrived there this morning according to the auspost tracking.

Going to wait until tomorrow to check on the self-addressed express envelope. Wishful thinking I know, but hey. I heard they print visas on Thursdays there, not sure if that's true, but maybe I'll get lucky and they'll print and send mine tomorrow too.

Katie & Trev

Female

Australia

2011-10-26 03:25:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

I got approved!

They made a mistake though with my packet 4, they wanted to see my LONG British birth certificate, but they didn't mention it at ALL on my packet 4. So obviously I didn't bring it, as I'd sent the other one. They said it's rare that they overlook stuff like that, lol. So they couldn't give me the "You have been approved" note - so I had to rush home when I landed in Brisbane to send the long one out to them. The guy did say "Congratulations on your upcoming marriage".

I was stressing over nothing, haha. Thank you so much everyone for all the messages. (L)

Edited by Katie & Trev, 25 October 2011 - 03:44 AM.

Katie & Trev

Female

Australia

2011-10-25 03:43:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

you can get some ideas,go to the top of this page click embassy info,fine sydney embassy reviews,

Lol I've read soo many reviews, still nervous though!

Katie & Trev

Female

Australia

2011-10-24 00:04:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

My interview is tomorrow in Sydney and I'm sooo nervous!!

Anyone have any good tips? Advice not to stress myself out? What did people wear to their interviews? Anyone from Sydney have a easy step-by-step guide on how to get to the right floor of the MLC center? I've heard it's a confusing building, and I don't want to get lost lol!

I have my envelope, visa fee, passport, the letter of intent (They asked for a new one since my NOA2 expired before my interview), a giant scrapbook full of evidence... I'm so so so nervous

Katie & Trev

Female

Australia

2011-10-23 23:44:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

Quick update~ Been in the US just under two weeks now

Set a date for our wedding too! 19th Jan 2012! Yay! :dance:

Katie & Trev

Female

Australia

2011-12-12 16:23:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

Hey guys! Congratulations!!!! lol I should do that, hmm a scrapbook because damn we have way too much stuff Anyway, congrats and good luck on the interview!!!

Thank you!

good luck with your interview too! And yeah lol tell me about it, I have an entire box full of evidence so I'm going to try and put at least SOME of it into a scrapbook just to make it easier to take on the plane to the Consulate, lol! :lol:

Katie & Trev

Female

Australia

2011-09-23 20:26:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

Got my interview scheduled! Woohoo! Took us a while sending off packet 3 as there was an error on the i-134 form that I was sent, and my first police check went missing! (Think it got delivered to the wrong house)

25th October, yayaya.

Totally nervous now though, lol. Making a biiiig scrapbook of evidence to take with me as it's easier to carry that than the HUGE box of stuff I have, lol.

Katie & Trev

Female

Australia

2011-09-23 09:18:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

Got my packet 3 today, yaaay

Backlog at NVC was scary

Good luck to everyone still waiting!!!!!

Katie & Trev

Female

Australia

2011-07-27 05:52:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

Got our NOA2 yesterday too, after only 80 days!

Super speedy! Just hope the embassy doesn't mind waiting a little while since I'm currently in the US till July 20 lol ;/

At least I can get paperwork off my fiance to take back to Australia with me~

Katie & Trev

Female

Australia

2011-06-25 11:53:00

Yay March filers!! :dance:

Katie & Trev

Female

Australia

2011-04-11 01:05:00

OMG! HAPPY DANCE!!!AYAYAAAYYY!!!! NOA2 FINALLY!!

Yay Congratulations!!

Katie & Trev

Female

Australia

2011-05-19 19:55:00

NOA1 recieved!

Yaaay congrats!

now for the fun part, lol. Keep busy so you don't go crazy! :wacko:

Katie & Trev

Female

Australia

2011-06-03 20:51:00

Edited 'cos it was a silly double post.

Edited by Katie & Trev, 22 August 2011 - 03:10 AM.

Katie & Trev

Female

Australia

2011-08-22 03:08:00

Wow I'm in Springwood, moving to Ohio! What a small world. So what was the medical like? was he nice or werid? did you need any extra jabs? hard to find?? No I am ninjaing my own topic lol

I used to live in Springwood!

And my fiance USED to live in Ohio, lol! He lives in Wisconsin now. Really is a small world.

The medical was okay, easy to find, it's below the Sofitel hotel on Anne street, the doctor was an old guy (There are two, both old guys). He checked my weight, height, made me do an eye test, checked in my ears, then he made me strip down to my underwear and lay on a bed (covered up with a blanket) and he checked my reflexes in my feet etc. Then he felt for lumps in my boobs, which was kinda' weird considering I had to have a chest xray too! Ah well. I had to have an MMR booster, it literally took two seconds! The medical itself took 30 mins, then you go out the medical place and go left down some stairs, and keep walking straight until you get to Queen street (I think) and then next to the post office on the left is ANOTHER hotel (Or an apartment building, forgot which!) Where you take the forms (that they give you at the medical) and you have your blood test and xray there, then you're free to go. They don't mail the results, you have to go pick them up. I actually got a call today saying I could go get them (picking them up tomorrow), so they're fast!

Katie & Trev

Female

Australia

2011-08-22 03:08:00

I am not sure for a K1 visa but for a CR1 yes you do need to send it in. I had my fingerprints done this morning and the officer told me it would take at LEAST 4 weeks to get them back. What part of Brisbane are you in? I am on the south side :-)

South side also

Capalaba!

I think I'll just send them in, it's probably very similar to the CR1 process so I'll risk it.

Katie & Trev

Female

Australia

2011-08-22 02:39:00

Sorry to ninja in your topic like this~ BUT

Do we send the police check with the Packet 3 forms? I had my medical on Friday, get the results tomorrow, and have been waiting almost four weeks for my police check to arrive. My fiance's i-134 should be arriving this week sometime too, and I know I send that in with the packet 3, correct? But do we send the police check too? 'cos if not, once I get the i-134 I can just send everything off. Only waiting on the police check and the i-134s D:

Katie & Trev

Female

Australia

2011-08-22 01:15:00