ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresLawyer or no lawyer?

A lady I work with came here on a K1 visa from India and said it only took her 2 months. She said her son married someone and did the same thing. She said it was this quick because she used a lawyer.

Is this true? I'd never thought it was necessary to hire a lawyer for this if you can do the paperwork yourself. Why is there such a vast difference in processing times?

I'm majorly frustrated because I can't even start this process yet...am still suffering through custody battle/divorce hell. It'll likely be another year at least before I can bring my fiance here. : ( Anything to make it go faster once I'm free to apply is what I'm hoping for.


Maybe she meant the NOA2 to receiving visa stage?



Having a lawyer does not make it any faster.
Adrian_TrischaFemaleAustralia2012-11-02 22:14:00
K-1 Fiance(e) Visa Process & ProceduresHow long from NOA2 to interview date in Sydney

Hi Everyone,

We are still waiting for our NOA2, our timeline says it should be in by next month. I am just wondering if anyone knows how long it will take from when we get our NOA2 to our actual interview date in Sydney?

I assumed it would not take that long (maybe a month or two but looking at other people's timelines from Sydney I see that in some cases it takes over 4 months.

Does anyone know how long it will take and if there is anyway to speed up the interview at all??

Thanks for your time.

David



Hi David,

This is all really dependant on a lot of variables.

My suggestion is the following:

1. Have a look at what is in packet 3 I've posted a link. All they do in packet 3 is send you an email and refer you to the US Embassy website to download and fill out forms. You will eventually have to print these out, complete and send.

http://canberra.usem..._niv_appl.html.

2. Get your police clearance. This usually takes the longest and varies from state to state.

3. Have the US petitioner start gathering evidence of support for their I-134. They must also complete and sign this form and send the ORIGINAL. (It would be best if you do this as soon as possible as well.

4. Start gathering your evidence of relationship...again.

5. Depending on where you get your medical, you can either book in before you receive your Case number. I was in Brisbane and I was unable to take the medical until I had the NVC case number.


I hope all the above made sense and please feel free to ask questions!
Adrian_TrischaFemaleAustralia2012-11-22 06:40:00
K-1 Fiance(e) Visa Process & ProceduresDo i have to wait for NOA2 to get the police report?

Hey i was just wondering if while I am waiting for the NOA2 if i can get a police report ready? Do I just ask for one at my local police station? Also i was born in New Zealand but i have Canadian citizenship do i need a police report from NZ as well? Any info appreciated!! Thanks



You only need a police Certificate for the places that you have lived overseas after the age of 16 I believe.

I can't help you with the police certificate before NOA2. I know I got mine because I wanted to send my Packet 3 away as soon as possible, however, they are valid in Australia for 1 year so there is a lot of leeway before it expires.
Adrian_TrischaFemaleAustralia2013-03-19 00:40:00
K-1 Fiance(e) Visa Process & ProceduresMissing Topic about K1 applications being water damaged
It's at the top of the home page with all the other "popular threads"
Adrian_TrischaFemaleAustralia2013-04-03 04:13:00
K-1 Fiance(e) Visa Process & ProceduresRFE

I received an RFE text yesterday, but haven't got the hardcopy yet. I called USCIS to see if they would tell me what information or evidence they needed. They are not allowed to say. She told me that since they have 5 months listed on the timeframe, that the 13 of this month I could inquire about it being over the timeframe, at 6 months. They received my NOA1 October 12, 2012.
My question is, since my case is now on hold for the RFE, would it be worth anything to do that? I am worried that it might piss them off, and then they just deny for spite??
I checked my list twice when I sent it, and am pretty sure that I put everthing in, and signed everything. One thing that comes to mind is that i could not list my fiancee's father, she is adopted and does not know...I have also been divorced 3 times, so might have been a red flag...I am wearing myself out guessing, and anxious to get the hardcopy.
From what I gather, depending on how quickly I can reply to the RFE, it can take 2 weeks or 2 months. Any information about RFE's is appreciated.
I asked the USCIS person if she thought I would need a immigration lawyer since I am getting a RFE, and she said that she didn't think so, that it would be a waste of money...usually I can't get any personal input from them, but did then...
Any help is appreciated. I am stressed and sad over more wait...



All you can do is wait for the hard copy explaining what they need from you in order to satisfy their requirements.

We received an RFE for a passport photo even though we had sent the correct amount required so it could be something as petty as that.
Adrian_TrischaFemaleAustralia2013-04-12 07:00:00
K-1 Fiance(e) Visa Process & ProceduresPassport Renewal

I'm not sure if this is where I'm supposed to be posting this but I'm half way through my K-1 visa application with it being in Post Decision Activity atm and I've just realized that my passport only has about three years left on it. My question is, do I need to renew my passport before I leave? I know when I lived in Canada I had to because I had less then six months left on my passport and wasn't returning to Australia for six months.

Since it doesn't expire for quite a while yet can I just renew it when I'm in the US. Or am I eligible for an American passport once I'm married?

I'd also like to know how I go about changing contact details that I've already written down on my application? I've been told the consulate will be contacting me in the next few weeks about the process that will happen in Australia but I've just realized I've changed phone numbers since I applied a few months back.

Any help would be much appreciated.
Thanks
Sal.


Just renew your passport whilst in the states. You can contact the Australian Consulate to send you passport application forms (They only accept A4 sized paper applications) Also, make sure you get Australian sized passport photos before you leave. It's quiet difficult to find that particular size here.

Another thing you may not know - You are able to change your name on your passport the first year after the marriage gratis (free!).
Adrian_TrischaFemaleAustralia2013-04-16 07:27:00
K-1 Fiance(e) Visa Process & ProceduresDS-156K - do files need to be attached

Hi guys, I'm confused? Do I need to send in with my DS-156K the originals and photocopies of my Birth certificate, evidence of financial support, police certificates, evidence of your engagement or do I just bring them with me to the interview and send in the check list with everything ticked?



Hey,

All this should be sent in with your "Packet 3" to the Sydney Consulate. I'm not sure whether the instructions have changed since last year. Sydney will send you an email with these instructions referring you to this site http://canberra.usem...e_niv_appl.html Read them carefully - they are pretty straight forward. If they need any further documents they will let you know - but this costs you time :)

Good luck
Adrian_TrischaFemaleAustralia2013-04-25 07:52:00
K-1 Fiance(e) Visa Process & ProceduresPacket 3

Do I have to wait until after the Medical to set up an interview? The packet says I need to include the medical results before sending in the packet? Confused?

 

You need to have the medical done and then send it off WITH the packet 3 (or the doctor will send it directly to the US embassy). The US consulate will then contact you via email with the interview date and time.


Adrian_TrischaFemaleAustralia2013-05-08 19:50:00
K-1 Fiance(e) Visa Process & ProceduresFiance/Marriage Visa Question

Sifting through the guides and interpreting some of the semi-legal speak, this is how I currently understand the K1 process to work, and I please correct me if I am wrong on any of this...

 

1.) The prospective-fiance enters the US and becomes engaged, after which they will return to their home country and the K1 process begins with the I-129F filed by the US citizen on their behalf.

 

2.) There is an approximately 6-month waiting period during the processing of the K1, which is necessary for them to re-enter the US and marry. Upon approval they move to the US and marry within 90 days (else unlawful status could be accrued).

 

3.) Following marriage the spouse remains in the US for the duration of the process to receive permanent resident status. They can work and freely travel if the AOS is filed and approved (how soon in his process can that filing begin?).

 

Please forgive my ignorance on this process if I am off in my understanding of any part of it. I respectfully request clarification from someone who can provide it if that is the case.

 

Thanks.

1) The minimum requirements is for the petitioner to have visited the beneficiary within the last 2 years. The "prospective fiance" aka beneficiary does not necessarily have to get engaged within the US. The I-129F is the petition in order to apply for the K1 visa. Once this is approved, then you start the K1 visa process which is an additional couple of months dependent on your country  and how organised you are.

 

2) Once you receive the k1 visa you must marry within 90 days.

 

3) After you are married (within the 90 day period) you can apply for the  AOS. This is dependent on when you receive your marriage certificate - I understand some states are up to a 6 week wait for an official copy. You must submit this in your AOS package. After they receive their Advance Parole and Employment Authorisation, they are free to work and travel.


Adrian_TrischaFemaleAustralia2013-05-06 18:16:00
K-1 Fiance(e) Visa Process & ProceduresWedding venue booked - need visa within 10 weeks of NOA2. Help!

Here's the latest - NVC have received our file, and given it a case number. And with that number, the Sydney medical centre let me book an appointment. 

I've also got the police check ordered, and my fiancee is about to post me the affidavit of support. 

 

Now from what you've all said, what do you think of this tactic:

 

at the US end - my fiancee calls the NVC and says "URGENT, please send this case number on as soon as you possibly can". 

at the Sydney end- I call the Sydney Consulate and say "URGENT. PLEASE can you (a) send me a provisional packet 3 now, and (b) schedule an interview for me, in anticipation of this case number arriving in the mail". 

 

thoughts? 

You can't call the Sydney Consulate.The only way of contacting them is via email. In any case, they won't schedule an interview for you until you return Packet 3 and they are satisfied with the documents provided.


Adrian_TrischaFemaleAustralia2013-05-24 05:31:00
K-1 Fiance(e) Visa Process & ProceduresWedding venue booked - need visa within 10 weeks of NOA2. Help!

I agree! 

 

Looking at the US embassy in Canberra, it doesn't look like an interview date is needed to book a medical.  However none of the doctors listed have websites listed so I can't double check. 

In Australia, the medical is sent in with the Packet 3 or directly to the Consulate. Then the Consulate in Sydney will send you what is called Packet 4 outlining interview date and time and any extra documents they may or may not require.


Adrian_TrischaFemaleAustralia2013-05-22 23:41:00
K-1 Fiance(e) Visa Process & ProceduresWedding venue booked - need visa within 10 weeks of NOA2. Help!

Thank you everyone, this is all so helpful. We're now thinking through everyone's comments. 

 

As of today, the NVC says it has not received our petition from the USCIS, so we don't have a case number yet. I've ordered the police check. When we get the case number, I'll book the medical. My fiancee is posting the affidavit of support tomorrow. And I've begun filling out the online versions of the Packet 3 forms in advance. 

 

We'd like to get really clear about

1) where the delays are likely to be from here, and how we can speed them up

2) what might go wrong, and how we can help make sure it won't

 

We know there's a chance we'll have to postpone the wedding. But if we know the key hurdles, then as we clear the big ones we can at least update my Australian family on the 'probability' of it happening on Aug 9th, as the weeks progress. 

 

Hope this thread will be helpful to others too. 

 

1) Delays...it's hard to give you a definitive list on where these may be!  Could be postage - your documents from your fiance may be lost or take longer than anticipated to reach Australia. Consulate - they may take their sweet time in contacting you with the Packet 3 AND with the Packet 4 and even when you do receive the Packet 4, you may find that the interview scheduled (Which only happens on Tuesdays for K1 Visa) may not be within a time frame that is suitable to you. Some people have contacted the Consulate and have been successful in booking an earlier interview but of course, this is subject to availability.

2) Um...How long is a piece of string? My suggestion to you is to ensure that all forms are filled out and you review them THOROUGHLY. Read the instructions in the link that has been provided to you THOROUGHLY.

 

All in all, a lot of this is out of your hands. Like I said previously, too many variables for you to control in its entirety. All you can do is make sure you have followed the instructions.


Adrian_TrischaFemaleAustralia2013-05-22 19:33:00
K-1 Fiance(e) Visa Process & ProceduresWedding venue booked - need visa within 10 weeks of NOA2. Help!

Brave...very Brave.

 

There are too many variables that you can't control in this situation. It took me three months from NOA2 to my interview date. THEN I had to wait for the Visa to be posted to me - This was when they were processing interviews quickly. I do know earlier this year, people were having issues with getting in contact with the Consulate and having interviews scheduled as quick as they were end of last year.

 

The Consulate will send you an email with Packet 3. All this is is a Word Doc summarising instructions from the below link. Read ahead and start working on those documents. Have your fiance send over the I-134 (Affidavit of Support) with original signatures and whatever supporting documents you need.

 

To get the ball rolling, I would start off with your Police Certificate - this can take anywhere from 3 - 6 weeks depending on what state you are in.

 

Call NVC for your Case Number It should look something like this  SYD12345678

 

With the above number, you are then able to book your medical. (Again this is dependent on the state you are in - my doctor in Brisbane wouldn't allow me to book until I confirmed I had the number)

 

Best of Luck



Brave...very Brave.

 

There are too many variables that you can't control in this situation. It took me three months from NOA2 to my interview date. THEN I had to wait for the Visa to be posted to me - This was when they were processing interviews quickly. I do know earlier this year, people were having issues with getting in contact with the Consulate and having interviews scheduled as quick as they were end of last year.

 

The Consulate will send you an email with Packet 3. All this is is a Word Doc summarising instructions from the below link. Read ahead and start working on those documents. Have your fiance send over the I-134 (Affidavit of Support) with original signatures and whatever supporting documents you need.

 

To get the ball rolling, I would start off with your Police Certificate - this can take anywhere from 3 - 6 weeks depending on what state you are in.

 

Call NVC for your Case Number It should look something like this  SYD12345678

 

With the above number, you are then able to book your medical. (Again this is dependent on the state you are in - my doctor in Brisbane wouldn't allow me to book until I confirmed I had the number)

 

Best of Luck

Sorry forgot to put in the link. 

 

 

http://canberra.usem...e_niv_appl.html


Adrian_TrischaFemaleAustralia2013-05-22 00:50:00
K-1 Fiance(e) Visa Process & ProceduresThe RFE Master List
We got an RFE because we didn't provide letters of intent to marry within 90 days of enetering the country.
Adrian_TrischaFemaleAustralia2012-09-08 04:43:00
US Citizenship General DiscussionAny chance to quicken the process?
Sorry to read about your RFE's ... bummer.

Pretty sure if you join the military you're eligible after 12 months of service, message my hubby on FB. He has just done his stint as an MP in Iraq and he was a recruiter for a long, long time. He is doing the police force thing at the moment too so he'd be able to tell you the pros and cons ... :star:
Deb+SteveFemaleAustralia2010-03-22 07:59:00
US Citizenship General DiscussionUnnecessary Stress

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(hehehe, and the receipt for the box in both names is good evidence - oh wait, don't need that anymore!).


:lol: I agree, Kathryn. I loved reading this thread.

You know, my husband thinks I'm crazy because I've been gathering evidence - he seems to think it's not necessary because we're married. Wait until I explain what we will need for ROC ...
Deb+SteveFemaleAustralia2010-04-01 16:59:00
US Citizenship General DiscussionUnnecessary Stress
Haha - words of wisdom. And yes, I am one who likes to P A R T Y and have found that is where the guilt does set in because I want him to be here but he is not and life goes on. I justify it with the fact that I am the one who is leaving all that I know and I will maybe never see some of my friends again ... who knows what the future holds?

I know how blessed I am to be living the life I do albeit without the other half of my soul at present ...
Deb+SteveFemaleAustralia2010-04-01 07:32:00
US Citizenship General DiscussionUnnecessary Stress
I enjoy your thinking. I did not know that I was prone to histrionics until I started this process. It has been "the best of times and the worst of times" ...

I may be from an 'easy' country but it has been far from easy. We are nearing the end of our journey and it has taken 7 months only to face another set back that will see us maybe separated until October and by then it will have been 10 months since we've seen each other. So life does get in the way, and as much as I wish it wouldn't ... it does go on. I think that has been the hardest to deal with. Not the separation, the not knowing or the anxiety.

It is the knowledge that your SO is living a life without you. I know he feels the same. Then guilt sets in as well. Do you stop living your life simply because your SO is not here (or there) or do you continue it because you need something to take your mind off the process and all its angst?

If only there were a happy medium ... I wish you all well with your journeys ... :star:
Deb+SteveFemaleAustralia2010-03-29 04:59:00
US Citizenship General DiscussionBeing citizens of both countries?
Here's a great link to answer Q's re: dual citizenship.

http://www.richw.org.../faq.html#recog
Deb+SteveFemaleAustralia2010-04-06 07:36:00
US Citizenship General DiscussionQuestion about 3 years rule.
Is the Q related to Citizenship or ROC?
Deb+SteveFemaleAustralia2010-04-20 07:41:00
US Citizenship General DiscussionDual Nationality for US Citizens....(from the US government's view...)
It's very ambiguous - I've studied it because I would like to move back to Aus when my husband retires from the military and he would like me to be a USC before that happens. This is the best FAQ I've found regarding this issue:-

http://www.richw.org/dualcit/faq.html
Deb+SteveFemaleAustralia2010-04-24 05:49:00
US Citizenship General DiscussionFormally and Legally giving up former birth country after US Citizenship....
I still don't think that even with renouncing, you can have the place of birth removed from your passport. In Aus, you have to have it and I'm assuming that is the same with the US. Is that what you were wanting to do? Remove the place of birth?
Deb+SteveFemaleAustralia2010-06-25 01:41:00
US Citizenship General DiscussionObtaining citizenship and then moving overseas

Here: https://www.ecom.imm...IntervalCalc.do it's not married for 4 years, it's resident for 4 years :(


Have to agree with this. I looked into it and the Aus procedure was actually more expensive and harder that the US. Keep us posted because once the DH retires we're heading back too. Best of luck.
Deb+SteveFemaleAustralia2011-03-08 11:19:00
US Citizenship General DiscussionUSC adopting minor child
I hear ya. Will keep you posted when/if I find any sort of clarification on the ROC. :star:
Deb+SteveFemaleAustralia2011-05-28 21:32:00
US Citizenship General DiscussionUSC adopting minor child
Thank you everyone for your responses. I spoke with the Australian Embassy who told me that because we were LPR, we would need to follow the guidelines for our state. We would not need to do anything in Australia.

I spoke with a lawyer and the county court and have all the information to proceed. The only grey area is the removal of conditions for her CR2. I thought she would automatically become a citizen as long as the adoption was done via a US court. Immigration is telling me that we cannot file the N600 until we have removed the conditions for her.

I guess it's not the adoption that's confusing, it's what happens with immigration that is. :star:
Deb+SteveFemaleAustralia2011-05-27 20:25:00
US Citizenship General DiscussionUSC adopting minor child
Just wondering if anyone has been through this before the ROC. My USC husband is adopting my daughter. We are supposed to remove conditions in about 11 months. Do we still have to remove the conditions on the CR2 and then file the N600 for her or can we file the N600 as soon as the adoption is finalised?

TIA ... any advice would be greatly appreciate. :star:
Deb+SteveFemaleAustralia2011-05-26 13:28:00
US Citizenship General DiscussionU.S. Citizen Visiting Canada
My husband thinks it's funny that he needs his passport to re-enter the US and I only need my GC.
Deb+SteveFemaleAustralia2011-10-11 08:08:00
US Citizenship General DiscussionHas anyone rescheduled their interview
I just realised this was for an N-400 ... oops.

Edited by Deb+Steve, 13 February 2012 - 11:24 AM.

Deb+SteveFemaleAustralia2012-02-13 11:22:00
US Citizenship General DiscussionI'm a citizen now!
Congrats ... :star:
Deb+SteveFemaleAustralia2012-03-24 21:06:00
US Citizenship General DiscussionU.S. Passport
Have to agree with NickD. Why would you even quibble over the $$? $600 or $550 for an adopted child. If you're a member of the armed forces, then it's free. Money well worth spent!
Deb+SteveFemaleAustralia2013-01-08 11:57:00
CanadaImmigration PTSD..
I've had it twice ... South Africa to Australia (received my citizenship) and had to go and marry an American and do it all again. It wasn't as stressful the first time because I wasn't separated from my love then ... :bonk:
Deb+SteveFemaleAustralia2010-03-25 06:55:00
CanadaSongs that got you through the rough times
Hi Coralie - I read your thread yesterday and I hope you're feeling better today. I will say some Ohms for you ... :star:

But re: Need You Now ... My husband has apparently set that as my song for his ringtone when I call him and I heard it today for the first time because he asked me to ring so he could play it ... and I don't like it ... :bonk: He was crushed.

I like listening to Massive Attack and Portishead. Teardrops and Glory Box are my favourites.
Deb+SteveFemaleAustralia2010-04-02 02:33:00
CanadaLooking for Help - Am I wasting time by waiting
You might be better off posting this in the Canada regional forum. :star:
Deb+SteveFemaleAustralia2010-04-07 00:12:00
CanadaAP forum

I went for my interview in MTL, it seems that most of the people in AP for years are those from the middle eastern countries. Still.. EEK!! I hope we arent stuck in that dark void for that long.. :wow: I "think" our AP is for document verification. The DOS wont tell me what kind of AP I find myself in... Just that its a "broad umbrella"----very helpful :wacko:

And Slider... thank you for the responses :)


I'm saying some Ohms for you Coralie. If it is doc verification from SA then I will definitely say some for you!! I tried to get my BC - 2 years via the High Commission here in Australia and a solicitor later, still nothing. The only thing that actually ensured I received a copy, was a trip to SA.

Be strong ... :star:
Deb+SteveFemaleAustralia2010-04-11 20:17:00
CanadaYAY!!!!!!
Hey lady - congrats!!! ... :star:
Deb+SteveFemaleAustralia2010-04-19 18:31:00
CanadaMSPtoYYZ - Interview in Montreal Tomorrow - Wednesday
This is funny ... I just posted in the May Interview thread wanting to know what time is over there. Good luck, lady!!
Deb+SteveFemaleAustralia2010-05-20 07:16:00
Removing Conditions on Residency General Discussionneed answers ASAP: affidavit
Pluto's no longer a planet but I have another one:-

Someone obviously liked Saturn enough to put a ring on it ... wonder who that was?
Deb+SteveFemaleAustralia2010-04-16 00:15:00
Removing Conditions on Residency General DiscussionROC Calculator

check this link http://www.timeandda...e/duration.html


Thank you. Not the one I wanted but further down the list there was a date calculator which was perfect. Thanks ... :).
Deb+SteveFemaleAustralia2011-03-04 11:16:00
Removing Conditions on Residency General DiscussionROC Calculator
A while ago someone posted a calculator. Type in your POE date and it would calculate when you had to file for ROC ... anyone remember the link or the topic?

Many, many TIA ... :)
Deb+SteveFemaleAustralia2011-03-03 09:58:00
Removing Conditions on Residency General DiscussionROC for K2 children after adoption by USC
I'm glad I found this topic. I had a Q about this as well. I was also told that even if my USC husband adopts my daughter, we would still need to file to remove conditions.

I guess it's so that USCIS can update their records. Keep us posted, as I will be going through the same process.
Deb+SteveFemaleAustralia2011-05-29 21:04:00