ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresJust Starting on K1
Ouch...by May? I missed that one.

When I offer you "good luck" with getting the visa, whatever kind you're looking for, by May, I mean that sincerely. From what I hear, Guangzhou is backlogged 4-6 months.
paxFemaleUnited Kingdom2006-02-23 08:39:00
K-1 Fiance(e) Visa Process & ProceduresJust Starting on K1

The K-1 visa should not be used as simply a replacement for a visitors visa. The K-1 is for those with intentions to marry and adjust status to be a resident of the US. Are you also aware that she will be required to stay until she adjusts status and gets her AP (advanced parole to travel), which can take some time.

Lorelle


That's not entirely true. She's not required to do anything after she enters on the K-1 visa if she decides to go back to China once her 90 days are up.

I see what the OP is saying: chances are not good for a young, single Chinese woman with an American fiance to get a B-2 visa to come to the States. He and his fiancee wish to marry in the States and then return to China, which would be a perfectly valid reason to get a B-2 visa, should they pursue that. What is *supposed* to happen with the K-1 visa is that the K-1 holder enters, marries the USC, and applies to adjust status to LPR. That's clearly not the intention in this case. But my point is that nothing would happen if they didn't hang around and the Chinese now-wife didn't file for LPR. As long as she doesn't start accumulating unlawful presence (i.e. she leaves with her American husband to go back to China before her 90 days are up), she wouldn't have necessarily violated the terms of the visa.

That said, though, the K-1 visa really isn't the appropriate visa. It is intended for foreign citizens to enter, marry, and adjust status, not to bypass a tourist visa. A K-1 probably isn't going to be any easier to get in Guangzhou than a tourist visa, from what I've heard. My advice to the OP is to pursue the appropriate visa for your situation--in your case, the B-2 tourism visa--and when you do so, accompany your fiancee to the interview (if possible) and provide as much documentation as possible of your intentions to return to China together. Then, if you want to go back to the States later, you can pursue the CR-1/IR-1 visa.

Good luck. :)

Edited by pax, 23 February 2006 - 08:27 AM.

paxFemaleUnited Kingdom2006-02-23 08:26:00
K-1 Fiance(e) Visa Process & ProceduresProof that sending more evidence is best
In the case posted by the OP, the couple in question may have presented a lot of very well-chosen, positive, relevant evidence. It doesn't mean that sending a big pile of random ####### will help at interview time. ;)
paxFemaleUnited Kingdom2006-03-17 13:26:00
K-1 Fiance(e) Visa Process & ProceduresJust Curious Question, Anyone filed for hardship for not meeting their fiance?
Please consider very, very carefully what you're doing. I don't mean to sound patronising, but you and your sweetie are both quite young to be considering marriage at all, let alone a marriage at which a good many people will be displeased and a marriage that carries significant financial, emotional, and bureaucratic challenges.

The folks here, including myself, will want you both to be happy and successful with the path you choose. That's why so many people are advising you to slow down, consider the consequences, and MEET this man before you decide to spend the rest of your life together.

If you give yourselves a chance to spend some time together and warm both of your families to the idea that you want to be together, you may gain a better understanding of each other and the family support you WILL want to have at some point. You're both so young. And it's wonderful that you've found someone who makes you so happy.

And if it's real, it will survive some patience, forethought, and care.
paxFemaleUnited Kingdom2006-02-14 15:26:00
K-1 Fiance(e) Visa Process & ProceduresJust Curious Question, Anyone filed for hardship for not meeting their fiance?
The process definitely does nickel-and-dime you to death, and that's even before you consider things like the cost of missing work time to go to doctor's appointments, have pictures taken, apply for a Social Security card.

If your husband didn't have a job that would allow him to take the time off, and be paid for it, you might also be losing anywhere from a few dozen to a few hundred dollars for anything you need to accomplish. I'm very lucky that my job offers paid vacation and sick time. Not everyone is.
paxFemaleUnited Kingdom2006-02-14 14:45:00
K-1 Fiance(e) Visa Process & ProceduresFor UK beneficiaries
Rather than have 2 bloodbaths on this topic, let's keep it all in one place:

http://www.visajourn...?showtopic=1134
paxFemaleUnited Kingdom2006-03-21 11:05:00
K-1 Fiance(e) Visa Process & ProceduresCan someone help me with this I-134 confusion
I doubt you will need originals of your parents' birth certificates; it doesn't say that you need those as originals. High-quality photocopies should suffice.

As far as your birth certificate goes, you should get a certified copy of your own birth certificate (I'm curious as to how you got a passport, or provided proof of your citizenship for the I-129F, without one). I think in most places, you can never get your actual, original birth certificate; what you can get is a certified copy from the issuing agency (in my case it was the Pennsylvania Department of Health, Vital Records Division).
paxFemaleUnited Kingdom2006-03-20 16:42:00
K-1 Fiance(e) Visa Process & ProceduresCan someone help me with this I-134 confusion
FWIW, Matt, I dug this up for you:

http://hochiminh.usc...ml#RequiredocsK

Yodrak, I honestly don't know. I'm saying that I've heard anecdotal evidence of consulates asking for an I-864. Again, that doesn't mean that I have a running list of concrete requests for I-864s for K visas.

As always, I would think that the best policy is to go straight to the source. Policies/regulations are NOT followed across the board.
paxFemaleUnited Kingdom2006-03-20 13:58:00
K-1 Fiance(e) Visa Process & ProceduresCan someone help me with this I-134 confusion
I agree with Rebecca that it might be worth looking into, and it's not the first time I've heard at least anecdotal evidence that a few Consulates ask for an I-864 for a K-1 visa. Maybe they're not strictly supposed to, but better safe than sorry. I want to say that Lagos and Addis Ababa are among them, but don't quote me on that.

I think all that Rebecca was saying was that Matt would do well to compare notes with recent HCMC interviewees to best assess what course he should take.
paxFemaleUnited Kingdom2006-03-20 13:08:00
K-1 Fiance(e) Visa Process & ProceduresDNA Testing
You're one to talk, Kaydee, about gracious manners. :whistle:

And anyway, I suspect the OP might get a better answer in one of the "bringing family members" forums.
paxFemaleUnited Kingdom2006-03-22 08:44:00
K-1 Fiance(e) Visa Process & ProceduresDNA Testing
Good translation, Wench! :thumbs:

In which case, your questions can probably best be answered in one of the "bringing family members to America" forums, depending on whether you (the OP) are a citizen or a LPR.
paxFemaleUnited Kingdom2006-03-21 11:56:00
K-1 Fiance(e) Visa Process & ProceduresDNA Testing
What the hell are you talking about?
paxFemaleUnited Kingdom2006-03-21 10:37:00
K-1 Fiance(e) Visa Process & ProceduresYep It's Me Again

But hey, whatever blows wind up your skirt.


That's a new one, Trace. :lol:
paxFemaleUnited Kingdom2006-03-24 14:44:00
K-1 Fiance(e) Visa Process & ProceduresI think its a new rule but whats it about????
Thanks, sweetie. :)
paxFemaleUnited Kingdom2006-02-15 13:26:00
K-1 Fiance(e) Visa Process & ProceduresI think its a new rule but whats it about????
Ewen was asked, I think. And keep in mind that while Canadian, British, and probably most EU interviews are fairly brief and cursory, interviews at high-fraud consulates can last hours (Manila, Moscow, HCMC, Lagos...) and the subject would almost definitely be covered in specific detail...precisely the consulates at which couples would be more likely to have met through brokers than at other consulates.

Edited by pax, 14 February 2006 - 08:21 PM.

paxFemaleUnited Kingdom2006-02-14 20:19:00
K-1 Fiance(e) Visa Process & ProceduresI think its a new rule but whats it about????
Thanks for the clarifications. Didn't mean to oversimplify.
paxFemaleUnited Kingdom2006-02-14 16:30:00
K-1 Fiance(e) Visa Process & ProceduresI think its a new rule but whats it about????
All it means is that:

1.) A U.S. citizen cannot petition for more than one beneficiary of a K visa at one time;

2.) Couples who met via international marriage brokers must disclose this fact (which, really, they always had to do anyway--the I-129F asks how you met, and 99% of couples are asked how they met during interviews);

3.) The prospective foreign spouse must be apprised of his or her rights to not be subject to abuse or cruelty, and must be informed of any criminal past on the part of the U.S. citizen.
paxFemaleUnited Kingdom2006-02-14 14:48:00
K-1 Fiance(e) Visa Process & ProceduresK1 for someone previously in US illegally?
Come to think of it, even if the OP did lie and say he'd never been in the States before, that lie would necessitate more lies. e.g. "How did you meet?" "Um...when I was in Cancun?" Which would undoubtedly be unraveled at an interview in CDJ, from what I've heard of CDJ interviews.

To the OP: Be honest in this process, always. Even if your sweetie was here illegally, that doesn't mean there's no hope for you. The ladies in the I-601 forum, many of whom have already been successful in bringing their Mexican EWI sweeties to the States, can show you how it's done. Best of luck to you. (F)
paxFemaleUnited Kingdom2006-03-28 13:47:00
K-1 Fiance(e) Visa Process & ProceduresK1 for someone previously in US illegally?
There's not, not when the holding back constitutes a material misrepresentation. The forms clearly ask if the individual has ever been in the States before and how the person entered. If the OP says "no," it's a lie, whether it's one of omission or not.

We all hold things back and tell the truth selectively, but are we at VJ really going to get into the business of advising post-ers to lie or selectively omit in their dealings with USCIS/DoS? Something tells me that'd be a good way to get our operation watched very, very closely (if we're not being watched already) and shut down. No dice.
paxFemaleUnited Kingdom2006-03-28 13:37:00
K-1 Fiance(e) Visa Process & ProceduresK1 for someone previously in US illegally?
Um, wouldn't that constitute material misrepresentation?
paxFemaleUnited Kingdom2006-03-28 12:32:00
K-1 Fiance(e) Visa Process & ProceduresGiving up K1

You gotta try, please :( What you are talking of doing is rife with danger....For your fiance to apply for a non-immigrant visa, come there, you get married, then AOS is asking for trouble when you had an petition in for him and withdraw the petition after they sent you an RFE for more evidence.

YOU CAN DO THIS.



Yep. :thumbs:
paxFemaleUnited Kingdom2006-03-29 14:16:00
K-1 Fiance(e) Visa Process & ProceduresPermanent Resident wants her Fiance here with here...
Might we invite your friend here? :) If we know more about her situation, particularly her UK sweetie's quals and their mutual goals, we might be able to help more. A few folks here--not a whole lot, but a few--are also familiar with work visas, as well as Canadian and British immigration.
paxFemaleUnited Kingdom2006-03-29 13:47:00
K-1 Fiance(e) Visa Process & ProceduresPermanent Resident wants her Fiance here with here...
I agree with those who've suggested that the LPR file for citizenship as soon as she's eligible, if she's not already, and then go for a K-1.

Barring that, depending on the nationality of the LPR and the quals of the UK fiance, they may have a few other options (e.g. a work visa, spending some time in Canada or the UK, etc.) I don't think we know enough about the situation to get into those areas so much, though.

Let's not turn this into another "it's so unfair!!!" thread and instead focus on what options *are* available to this couple.
paxFemaleUnited Kingdom2006-03-29 11:32:00
K-1 Fiance(e) Visa Process & Procedureschange status after get married
http://www.visajourn...om&page=k1k3aos
paxFemaleUnited Kingdom2006-03-30 11:49:00
K-1 Fiance(e) Visa Process & Procedureswhat are the chances for denial?
No, wait for the RFE. There's an excellent chance that whatever you send will disappear into the ether if you just send it apropos nothing.
paxFemaleUnited Kingdom2006-03-31 16:31:00
K-1 Fiance(e) Visa Process & Procedureswhat are the chances for denial?
They will not deny you outright if they feel your evidence of meeting is insufficient. It's very likely, if all your fiance sent was one picture, that he will receive an RFE. Should that happen, be prepared to send along evidence that you've met, like the kinds I've mentioned above.

By the time you get to the interview stage, they will already have established that you've met, and that's when you'll need evidence more along the lines of stuff that proves you have a genuine, ongoing relationship. Wish I'd known that at the time; probably could have pared down our 62-page petition quite a bit! :P

Edited by pax, 31 March 2006 - 04:25 PM.

paxFemaleUnited Kingdom2006-03-31 16:25:00
K-1 Fiance(e) Visa Process & Procedureswhat are the chances for denial?
You have a few different issues going on, so let's unpack them one by one.

I don't know if stats are available on K-1 denials, but we should differentiate between a denial of a K-1 visa application and the denial of an I-129F petition. They're not the same thing. An I-129F petition can be denied if the petitioner does not prove that both parties meet the requirements for a K-1 visa application. This includes both parties being free to legally marry (i.e. both parties must be single, divorced, or widowed), the petitioner being a U.S. citizen at the time of filing (i.e. naturalized citizens can file I-129Fs, but LPRs cannot), both parties being of a legal age for marriage, and both parties having met physically at least once in the past two years.

You mentioned that your USC fiance included only one photo of you. That's not a deal-breaker. Did he include other evidence that you've met in the past two years? Solid evidence besides photos includes boarding passes, passport stamps, hotel receipts bearing both parties' names...the possibilities are many. Don't sweat only having included one photo if there's other evidence that would suggest to a reasonable person that you have indeed fulfilled the physical meeting requirement.

Assuming that an I-129F is approved and shipped to the consulate in the country of the non-USC beneficiary, a K-1 visa application can be made. K-1 visa applications can be, and are, denied for many reasons. If the beneficiary is medically (i.e. has an untreated infectious disease like tuberculosis, is mentally unstable and dangerous) or legally (i.e. has committed crimes involving moral turpitude or has committed immigration violations in the past) inadmissible to the U.S., the application can be denied outright, although waivers can be sought. The application can be denied if the consular officer suspects a fraudulent relationship (i.e. the CO suspects that the relationship has been entered into solely to contract immigration benefits). The application can be denied if the petitioner is financially unable to support the beneficiary and cannot contract a suitable co-sponsor.

So yes, both the I-129F and the K-1 app can be denied. But if none of the situations I mentioned apply to you, it's very unlikely you'll run into problems.

Good luck! :)
paxFemaleUnited Kingdom2006-03-31 16:02:00
K-1 Fiance(e) Visa Process & ProceduresLittle evidence of having met

Better than that.. you have a golden opportunity... why don't you get married in the Netherlands and file an I-130 at the Consulate in Amsterdam. This will result in her getting a CR-1 visa which will result in the issuance of a GC when she enters the US on it. Amsterdam allows non-resident US Citizens the opportunity to file directly in Amsterdam.

If this meet your needs, this is a potentially much quicker way to get her to the US and the end result will be a much better visa.


Yes, that's an even better idea. :)
paxFemaleUnited Kingdom2006-03-31 15:08:00
K-1 Fiance(e) Visa Process & ProceduresLittle evidence of having met
I'll concur with everyone else here and suggest you put a few more things together. Have you tried contacting her family and asking them if they have any photos or any other evidence that you were with her?

The two pieces of evidence you have don't put you together in the same place at the same time in the last two years. The picture only proves that you've met, not that you've met in the last two years. And the credit card statement only proves that you were in the Netherlands, not that you met while you were there.

Good luck! :)
paxFemaleUnited Kingdom2006-03-31 14:20:00
K-1 Fiance(e) Visa Process & ProceduresPrevious Petition History
The OP needs to be aware of that. Couples in Morocco without this particular beneficiary's history are having a very hard time right now, and a different K-1 app (with a different petitioner involved) less than a year ago isn't going to look too hot in Casa.

What happened in the beneficiary's interview for the first K-1? Was he approved or denied and, if denied, why? The answers to those questions are important to know here.
paxFemaleUnited Kingdom2006-03-27 09:20:00
K-1 Fiance(e) Visa Process & ProceduresPrevious Petition History
Is he from Morocco?
paxFemaleUnited Kingdom2006-03-17 10:15:00
K-1 Fiance(e) Visa Process & ProceduresA few more hours
Yay, won't be long now! :)
paxFemaleUnited Kingdom2006-04-03 12:49:00
K-1 Fiance(e) Visa Process & ProceduresInterview date!
Yay! A month to prepare, too. Congrats! :)
paxFemaleUnited Kingdom2006-04-03 12:18:00
K-1 Fiance(e) Visa Process & ProceduresTo marry or not to marry..that is my question!

She asked about how long I intended to stay when I arrived in May, and I told her "until 23rd August", and she asked "why did you stay longer" - I replied, briefly saying that we'd had no intentions upon entry, but that three weeks later, on June 22nd, he'd asked me to marry him - the London bombings had happened, and at that point, our plans for the K1/K3 went out-the-window after speaking to USCIS on the 'phone and being told that I could stay and adjust from here....so we did! She was prefectly happy with that, wrote it down and nodded.


Not wanting to quibble with you, Kezzie, as I agree that it seems pretty pointless for the OP and her sweetie to pursue a K-1, but that's from JayJay's post about her interview. It reads to me like she was asked, quite plainly, about her intentions on entry.
paxFemaleUnited Kingdom2006-04-03 13:25:00
K-1 Fiance(e) Visa Process & ProceduresTo marry or not to marry..that is my question!

in the year that I have been reading this board and from talking to people who have done AOS from VWP/Tourist/Canadian entry I have never known anyone be asked about their intention on entry let alone be denied...

You only give up your right to appeal is you enter on a VWP not on a Tourist/canadian entry....

Kezzie


You must not have read JayJay's story, then. ;)

It can, and does, happen that people are asked.
paxFemaleUnited Kingdom2006-04-03 13:09:00
K-1 Fiance(e) Visa Process & ProceduresDone and Over
Chrystal, I'm so sorry. I know you must be feeling very hurt right now. :( *hug*

I hope everything turns out well for you, and for Joe, in the long run.
paxFemaleUnited Kingdom2006-04-05 07:13:00
K-1 Fiance(e) Visa Process & ProceduresGot it!
Yay, congrats. :)
paxFemaleUnited Kingdom2006-04-04 15:35:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa-US citizen financial problems
If her parents are willing to sponsor you and they meet the financial requirements, you'll be good to go. Plenty of people here have been in similar situations, particularly when the USC has been pursuing education, and have done exactly what you're proposing--no worries.

In fact, if your fiancee (who'll then be your wife) is still in the same situation come AOS time, her parents can sponsor you again. The I-134 and the I-864 have different requirements and the I-134 is much more subjective than the I-864, but a lot of people (including me) will tell you that it's best to keep the I-864 guidelines in mind when you file the I-134. The I-864 requires that the sponsor show an income of 125% of the poverty level for the number of persons in his or her household, including the immigrant to be sponsored. Assets can be used to make up the difference if they are convertible to cash within one year and are equal to or greater than 5 times the difference between the poverty level and the sponsor's income.

As well, if you're going through London, we know that they will take into consideration any assets you, the beneficiary, can show. Not income--they don't care if you have a job in the UK or not--but a few thousand pounds in liquid assets are generally looked on favorably by COs in London. Again, this is subjective--I, personally, would most definitely line up her parents as sponsors no matter what your financial situation is.

:)
paxFemaleUnited Kingdom2006-04-06 14:40:00
K-1 Fiance(e) Visa Process & ProceduresNonexistant forms?
IV-15 is the old name of the DS-2000 which is, indeed, the checklist. :)
paxFemaleUnited Kingdom2006-04-06 14:58:00
K-1 Fiance(e) Visa Process & ProceduresPOE question.
Update: It is. Apparently no one from VJ has ever filed a review on it, that's all.

http://www.dhs.gov/d...torial_0679.xml
paxFemaleUnited Kingdom2006-04-12 09:16:00