ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & Proceduresany ideas on the best way to marry my american fiance?

ARe you sure that Canadians have to pay a biometrics fee? Or is that a different fee I am thinking of?

Im not here to fight, just here to get helpful advice. (F) :D ty for everything.


Yes, absolutely. It doesn't come into play until AOS, so don't worry too much about it right now. :)

We all started off with a million questions and a bad case of nerves. No worries. Stick around and share your story with us as you go along; you'll find that VJers are great cheerleaders! :)
paxFemaleUnited Kingdom2006-02-27 13:10:00
K-1 Fiance(e) Visa Process & Proceduresany ideas on the best way to marry my american fiance?
Yes, Rayma's right--you can't apply for a Social Security Number until you physically arrive in the States with your visa.

I'm not trying to pick individual faults with what you're doing! ;) Really, that's not the point. I mean, if you really want, I'll take a look at your list and see what I can see, but I'm no more of an expert than anyone else who's already on the successful end of the initial visa process. Lots of people can, and will, give you great ideas about getting through it.

As far as where you have to file the petition, no one with an Internet connection is going to get different or better information depending on where they live. You have to file where you have to file and nothing short of relocation will change that. That's Nebraska. ;)

This is all the information I have gathered in regards what needs to be done:

File form I129f (fiancé visa - $170.00) with USCIS in Indianapolis (double check this is the right place).

http://uscis.gov/gra...orms/i-129f.htm

http://uscis.gov/gra...tm#anchor235776

Need:
- passport
- divorce certificate
- Police certificate from BC, ON & AB.
- Medical Exam (vaccinations?)
- Two DS-156 forms
- One DS-156 form
- Two nonimmigrant visa photos
- Evidence of fiancé relationship.

After marriage:
- Form 1-485 ($325.00) to adjust status or register perm. Residence.
- 1-864 affidavit of support.
- 1-765 ($180.00) to work before marriage. (Apply for SSN before I go to the US).


I'm going to again suggest that you read through the guides and timelines on VJ. They will spell everything out that you'll need for each step of the process. Specifically, they'll break down the initial petition filing and the actual visa application, which are two very separate and distinct processes handled by two different government bodies in two different countries. Conflating the two can get you in trouble. Your initial "needs" list contains items that you need at different points in time, and you can't submit forms like the DS-156s until you're asked to do so.

For example, the DS-156 forms don't come into play until you, the non-USC, make the visa application on the basis of the approved I-129F petition. And you're missing a few of the forms you'll need--not that that's a big deal, because your particular Consulate (Montreal or Vancouver) will provide you with the forms they want when they want them.

As well, when you file to adjust status after marriage, you'll also have to include a biometrics fee of $70 with your application. You may wish to file for AP (Advance Parole) to be paroled back into the U.S. should you need to leave the country before you have your green card.

This is largely stuff you will pick up along the way, but you're not doing yourself any favors by going in with inaccurate information. And forms and procedures do change, and they could change, and you may face certain issues that are unique to Canadian consulates or even to your particular case. Your mileage may vary, as they say. But please, please, please don't take this personally. Any time that anyone spends pointing out any omissions or mistakes to you is time they're trying to save you and your sweetie in the long run. (F)

Edited by pax, 27 February 2006 - 11:53 AM.

paxFemaleUnited Kingdom2006-02-27 11:53:00
K-1 Fiance(e) Visa Process & Proceduresany ideas on the best way to marry my american fiance?
Doing that research is great. It absolutely is. Some of what you posted simply concerned me, as it was not correct, and while most mistakes in this process aren't "fatal," as it were, some of them can set you back quite a bit.

I don't mean to imply that your fiance is incompetent. Some people prefer not to get involved with the paperwork, and in that case it's not a bad idea to hire a good immigration attorney. It's money that may or may not be well-spent in any given case, but it's your decision to make.

I don't mean for you to take anything I've said personally. One point of bringing these issues up in a public forum is so that many people can benefit from individual experiences and ideas. We're all here to help each other and I hope we can all help you too. :)
paxFemaleUnited Kingdom2006-02-27 11:14:00
K-1 Fiance(e) Visa Process & Proceduresany ideas on the best way to marry my american fiance?

Ok. let's clear this up.. just cause I said he sucks at research doesnt mean he can't file paperwork. And I knew that the Local office probably wasnt gonna be the one to file out, but its alot easier for him to make a phone call and find out then me. And its not gonna hurt for him to do a little bit of research either. LOL


There's no one to call on the issue. You can go to www.uscis.gov and it will tell you where to file the paperwork.

I'm not trying to be mean, I'm really not. :) I'm just getting a sense that you're not quite understanding what people are trying to tell you. And doing your homework before you start this process has a value you won't know until it's too late if you don't do the homework.

VisaJourney is full of sad stories of couples who rushed headlong into the process without reading up first and ended up making mistakes--some minor that were fixed quickly, and some major that set them back for months. I can't stress enough the importance of you both being on the same page and doing some research. Neither part of a couple can shepherd the other through this process; both of you have to work together, and that's going to include doing at least some preliminary research and answering some questions.

This probably sounds patronising, and you're probably asking yourself who the hell I think I am to tell you all this. ;) I'm truly sorry if it sounds this way. But believe me when I tell you that you and your sweetie need very much to be on the same page as much as possible. He may not enjoy or be especially good at looking stuff up, but Google is the easiest thing in the world and VisaJourney isn't all that much harder. :)

Welcome, invite your sweetie to join us, and good luck. :)
paxFemaleUnited Kingdom2006-02-27 10:46:00
K-1 Fiance(e) Visa Process & Proceduresany ideas on the best way to marry my american fiance?

I know he has to file it, but he sucks at researching stuff so I get to do all the research and tell him what to do. LOL

He is in Bloomfield Indiana... and in brackets I put that he has to find out what office he has to file with (this was a copy of an e-mail I sent him).


I realize that Indianapolis may well be his local USCIS office, but you won't have dealings with the local office at this time. He'll file the petition with the regional service centre that covers his state, which will be the Nebraska Service Centre.

Before you decide to do this, you need to make sure that your future husband is capable of following directions and filling out forms. I'm not saying this to be mean, but the USC has to be very proactive and conscientious throughout this process, and if he can't do that at this time, you should consider delaying the filing or hiring a lawyer to do the paperwork for you.

The process isn't difficult if you can understand the paperwork and the directions, but if this is something your man would rather not deal with, you have to understand that sloppy paperwork or recordkeeping could delay you significantly.
paxFemaleUnited Kingdom2006-02-27 10:30:00
K-1 Fiance(e) Visa Process & Proceduresany ideas on the best way to marry my american fiance?
Not quite. ;)

I suggest a read-through of the VisaJourney Guides regarding the K-1 visa. Your I-129F petition needs to be filed by your American fiance to the proper service centre with jurisdiction over his American address, for starters.
paxFemaleUnited Kingdom2006-02-27 10:15:00
K-1 Fiance(e) Visa Process & Proceduresany ideas on the best way to marry my american fiance?
I believe that DCF in Canada requires legal residency in Canada on the part of the USC for a minimum of one year.

The K-1 is probably going to be fastest for them.
paxFemaleUnited Kingdom2006-02-27 09:59:00
K-1 Fiance(e) Visa Process & Proceduresany ideas on the best way to marry my american fiance?
Zyggy is spot-on. You can't just cross the border as you would for a visit with the intention of getting married. File for the K-1 visa (it generally doesn't take that long through Canada, maybe 4-6 months) and come over with all your legal ducks in a row. :thumbs:

Congrats and good luck!
paxFemaleUnited Kingdom2006-02-27 09:38:00
K-1 Fiance(e) Visa Process & Proceduresco-sponsor problems...
I'm sure it will be fine! (F) Seriously, international mail can just be a bit slow. Do you know how she sent it?
paxFemaleUnited Kingdom2006-02-27 10:14:00
K-1 Fiance(e) Visa Process & Proceduresco-sponsor problems...
Don't panic. It's probably just a minor postal delay.

Self-sponsorship for a K visa, as far as we know, is a matter of individual discretion among individual COs and may or may not hold water in any given interview. I'd liken it to "can my fiance visit while we're processing the K-1 visa?" Well, maybe and maybe not. It depends on very individual and specific circumstances.

The few "self-sponsorships" that have gone successfully through London were able to prove liquid assets of at least several thousand pounds. If you can prove those kinds of assets (and not everyone can), it could surely help your case, but I'd never tell you or anyone that it would certainly be enough. Err on the side of caution as far as support issues go, particularly when you're dealing with something like "self-sponsorship" that is highly subjective and not official policy.
paxFemaleUnited Kingdom2006-02-27 09:55:00
K-1 Fiance(e) Visa Process & ProceduresConsulate Offices in Canada
Nope. It's Vancouver or Montreal.
paxFemaleUnited Kingdom2006-02-27 15:57:00
K-1 Fiance(e) Visa Process & ProceduresCannot file a tax return this year - How to explain to HCMC interviewer?
Yes, Jamie, HCMC is a whole nother ball game, unfortunately. :(

I wonder if, in the OP's case, it might not make sense to simply file a tax return declaring nothing. If they really, really want one, there they'll have it. What concerns me is having a co-sponsor going through HCMC at all, and while I don't know much about HCMC, I know that Manila is very tough on co-sponsors.

Matt, do you know how HCMC will treat the co-sponsor issue? I truly don't, and I'm curious to know what you've found out.
paxFemaleUnited Kingdom2006-02-24 08:45:00
K-1 Fiance(e) Visa Process & ProceduresSecond marriage to English man.
Yes, she will be asked if she has sponsored another immigrant in the past, and she will have to answer yes.

Also be aware that the I-864 she signed for her husband's adjustment will still be in effect. It says in big, fat, bold type on the document that divorce does not end the sponsor's obligation. She is responsible for ensuring that her husband does not become a public charge until he becomes a U.S. citizen, can be credited with 40 quarters of work, or departs the United States permanently.
paxFemaleUnited Kingdom2006-02-28 08:53:00
K-1 Fiance(e) Visa Process & ProceduresSecond marriage to English man.
Sheesh, people, let's try to answer his questions first.

To the OP: your fiancee's first husband will, in fact, be able to petition to remove conditions on his permanent residency even after his divorce, provided that he is able to show that his marriage was bona fide and not entered into for the purpose of gaining an immigration benefit. It happens all the time.

Your fiancee will want to be certain that her divorce is final and she does have the complete decree in hand before she files a fiance petition for you. Your petition won't be approved before she can submit that documentation in full. If you have been previously married, you'll have to do the same.

Good luck.
paxFemaleUnited Kingdom2006-02-28 08:26:00
K-1 Fiance(e) Visa Process & ProceduresUgh, she opened the envelope from the embassy
Oh, yes, that too.
paxFemaleUnited Kingdom2006-03-02 14:38:00
K-1 Fiance(e) Visa Process & ProceduresUgh, she opened the envelope from the embassy
I believe that the envelope contains your original approved I-129F petition with all supporting documentation, the medical results, the police certificate, and possibly copies of the consular visa forms.
paxFemaleUnited Kingdom2006-03-02 14:29:00
K-1 Fiance(e) Visa Process & ProceduresVisiting the US during K1 visa process
I'd be inclined to say that if you've not been a chronic VWP user and you can substantiate your intent to return (for your interview, after all, if nothing else!), you should be fine, but you never can tell.

Do your Immigration stuff at the Dublin or Shannon PFI just in case, and if all goes well, enjoy your visit! :)
paxFemaleUnited Kingdom2006-02-28 08:43:00
K-1 Fiance(e) Visa Process & ProceduresWAC RECEIPT NUMBER????
WAC=Transferred to CSC. :)
paxFemaleUnited Kingdom2006-03-03 09:29:00
K-1 Fiance(e) Visa Process & ProceduresJust an update from my lil' world...
Certainly! Best of everything to you. :)
paxFemaleUnited Kingdom2006-03-02 19:00:00
K-1 Fiance(e) Visa Process & ProceduresAge difference a problem for K-1 Approval
My recommendation to the OP would be to check out the Middle East/North Africa regional subforum. K-1 refusals seem to be as common as sand in Morocco, unfortunately.

I would think you will need VERY strong evidence of a valid relationship at your interview, only because I have read some real horror stories about a certain CO in Casablanca. The age difference + the economic factors = a very difficult case in Casablanca.

Good luck.
paxFemaleUnited Kingdom2006-02-22 11:34:00
K-1 Fiance(e) Visa Process & Proceduresgathering of certain forms for interview
:yes: and welcome!
paxFemaleUnited Kingdom2006-03-06 11:23:00
K-1 Fiance(e) Visa Process & ProceduresHas anyone been denied because of a lack of income?
Okay, that sounds about right.

So in other words, yes, it is poor planning to wander into the Consulate hoping you'll get by as far as the financial support issue goes. ;)
paxFemaleUnited Kingdom2006-03-06 16:20:00
K-1 Fiance(e) Visa Process & ProceduresHas anyone been denied because of a lack of income?
I'm confused, and I think the OP is too, on this thread. I know that a sponsor has to be domiciled in the United States, so if the fiance/e is currently in the non-USC's country of residency/citizenship (or anywhere, really, except the States), the USC will have to get a joint sponsor for the non-USC regardless of income level, yes?
paxFemaleUnited Kingdom2006-03-06 15:52:00
K-1 Fiance(e) Visa Process & ProceduresDid any K-1 visa holders fly to the US using round trip ticket?
Buy a round-trip if it's cheaper. There's also the hidden advantage of having a trip home already (mostly) paid for should you need to go home unexpectedly; you'd probably just have to pay a change fee.
paxFemaleUnited Kingdom2006-03-07 09:25:00
K-1 Fiance(e) Visa Process & ProceduresOh My God!!!!!
yay! Glad it didn't drag out too long. :)
paxFemaleUnited Kingdom2006-03-07 15:54:00
K-1 Fiance(e) Visa Process & ProceduresEngaged and Entering US on P1 work visa
Right, but that is not the OP's fiance's situation. He's not trying to hold onto the P-1 visa.

Can we all agree that a consult with a lawyer isn't going to hurt anything, and that maybe, just maybe, we're not the best bunch of people to ask for advice about adjusting from a class of visa that most of us had never even heard of until yesterday?

Edited by pax, 08 March 2006 - 08:55 AM.

paxFemaleUnited Kingdom2006-03-08 08:54:00
K-1 Fiance(e) Visa Process & ProceduresEngaged and Entering US on P1 work visa


It may be possible to do AOS, but I'm in agreement with consulting an immigration attorney. :yes:


The poster indicated that he is not here yet. Entry with a nonimmigrant visa with intentions to immigrate IS NOT LEGAL. Any legitimate immigration attorney will tell them the same. The issue here is that their current plan involves the use of a nonimmigrant visa with intent to immigrate.



That's the whole point...we don't know what an immigration attorney will tell them. Some student and work visas are dual-intent. I have no idea if a P visa is or not, and I'm guessing you don't either.

This is not a DIY job, I suspect. Her fiance does have a visa which for all intents and purposes is legit, and they want to get married. We don't know how USCIS is likely to treat a P adjustee, whether or not it's legal to come in on a P visa with the intent to fulfill the terms of the visa and then marry...we don't know. And I don't think it's wise for people to be telling her that it's definitely illegal to adjust from a P visa if the couple in question is engaged at the time of entry. It may very well be. But it may be do-able.

Which leads me to believe that we should be telling the OP that very few people on VJ, myself included, know the first thing about work-visa-to-marriage-to-AOS, and that she might be better served by posting at British Expats (www.britishexpats.com) and consulting a good immigration attorney. :)
paxFemaleUnited Kingdom2006-03-08 08:41:00
K-1 Fiance(e) Visa Process & ProceduresEngaged and Entering US on P1 work visa
I was hoping Sriniv would drop by; he knows a lot about work visas. :)

But yeah, a sit-down with a good attorney can't hurt.
paxFemaleUnited Kingdom2006-03-08 08:34:00
K-1 Fiance(e) Visa Process & ProceduresEngaged and Entering US on P1 work visa
I suspect John is right about the P-1 not being a dual intent visa, but again, you might want to consult with an attorney about your options.

I'm probably in the minority here about your options should you decide that trying to marry and adjust on a P-1 isn't the best idea, but I'm going to say again that you should start an I-129F petition for a K-1 visa as soon as your sweetie gets here, if you can. A K-1 will most likely be quicker than either a K-3 or a CR-1. I don't know how long your sweetie will be stateside, but if it's for a couple of months, your petition will probably be approved in that time and he can head back to the UK for his medical and interview, get his visa, come back, and get married. *Most* K-1s through the UK fly through in less than six months (BUT YOUR MILEAGE MAY VARY).
paxFemaleUnited Kingdom2006-03-08 08:28:00
K-1 Fiance(e) Visa Process & ProceduresEngaged and Entering US on P1 work visa
Minor correction on my post: I should have said that the OP didn't state that her fiance wanted to immigrate on his P visa.

I do agree with Clmarsh that a consult with a good immigration attorney is probably in order. We have very few marriage-based adjustees from work or student visas here, and none that I know of from P visas.
paxFemaleUnited Kingdom2006-03-07 23:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresGot the Visaaaaaaaaaa!!!!!!!!!!!!!!!!!! Thank the Lord
QUOTE (albden @ Feb 11 2008, 08:37 AM) <{POST_SNAPBACK}>
Hey everyone,
Ok I'm still too excited to talk but my hubby just called me and he got approved. They told him to go back on Wednesday to pick up the visa.
I can't believe this, it's like a dream. kicking.gif kicking.gif kicking.gif kicking.gif kicking.gif

Thank you all for being such a great support.

I haven't gotten the details yet but as soon as I do I'll post them to let everyone know of the questions.


lots of love and God bless

albden smile.gif


yayyyyyy congratulations!!!!!!

it definitely must be like a dream!!!

what sorts of questions did they ask him???
BabyBlueSusieFemaleAlbania2008-02-11 13:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresGot the Visaaaaaaaaaa!!!!!!!!!!!!!!!!!! Thank the Lord
QUOTE (albden @ Feb 11 2008, 08:37 AM) <{POST_SNAPBACK}>
Hey everyone,
Ok I'm still too excited to talk but my hubby just called me and he got approved. They told him to go back on Wednesday to pick up the visa.
I can't believe this, it's like a dream. kicking.gif kicking.gif kicking.gif kicking.gif kicking.gif

Thank you all for being such a great support.

I haven't gotten the details yet but as soon as I do I'll post them to let everyone know of the questions.


lots of love and God bless

albden smile.gif


yayyyyyy congratulations!!!!!!

it definitely must be like a dream!!!

what sorts of questions did they ask him???
BabyBlueSusieFemaleAlbania2008-02-11 13:33:00
IR-1 / CR-1 Spouse Visa Process & Proceduresany words of wisdom for us?

So we had our interview today at the London Embassy (yay!). The woman said everything was fine and she was happy to approve and issue us a visa...but...because I don't actually live in the US right now (even though I consider it my residence, I live in the UK as a student also) my dad (who lives in NJ) doesn't count as a household member and therefore has to fill out a seperate I-864 as a co-sponsor. Argh :crying: . So she asked that we have my dad fill out a new I-864. He has to get it notarized and then send it to me, then I have to contact the embassy's courier service who will come pick it up and deliver it to the embassy so I assume that won't take long, but does anyone know how long things will take once they recieve it at the embassy?

They already have all of my dad's tax information (since I used him as a household member's income to qualify on my own I 864) and employment info, confirmation of his salary, etc.. I'm hoping this means that getting them his I 864 is just a formality. The woman who did our interview did say that it's a very common issue, she gave us a blue sheet that explains various issues and reasons for denial of visa applications and this one is top of the list.

The first guy who went through all our paperwork and stuff asked us if we had any definite travel plans, and since they've repeatedly said on every letter not to make any, we said no but we were hoping to leave in June, so all he wrote on the form was 'six months'...so obviously I don't think the lady who conducted the interview knew when we were hoping to leave, so all she told us was that we'd have the visa and be able to leave within six months from today which is pretty vague! We were both so worried and shocked I guess that we didn't even think to ask her exactly how long it would take. The problem is that my student visa for the UK runs out on the 30th of June and we've basically been planning everything around leaving at the beginning of June, so we're hoping that once the embassy gets the documents they need it will be straightforward and they can issue the visa pretty quickly.

The lady did tell us that when my husband enters the US, I either have to already be in the US or he needs to be traveling with me or he could be refused entry, so hopefully if any of you are in a similar situation you won't get stuck at immigration when you arrive in the US!

Phew, sorry this is so long, it's been an interesting day! I hope the rest of you are having better luck! I guess it could be worse... :)


Hey Paul and Carrie,

Was thinking of you yesterday and am sorry to hear of your bump in the road. This isn't anything I know about but it does sound as if it has happened before since the lady didn't make it a big deal. Even though she said six months remember that the Embassy's standard reply is 3-4 months for EVERYTHING else LOL. So she may have just been giving you the worst case scenario. Keep your hopes high that you both will be here in the US in June. You never know....

You will definitely be in our thoughts and keep us updated...

Crash and Cari
crashandcariNot TellingEngland2006-04-29 17:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview Q
i agree with simple_male... besides you guys are already married.. NOT filing for the K1 fiance so you probably won't be faced with as many questions (if any at all based on others experiences) about the how when and why of your relationship... Crash's interview is Tuesday Rose so I (or he) will post as soon as we can and let you know what they asked... According to Amanda (Euro) they basically just asked her if everything she sent in was true and accurate and that was it. So I think all of in the CR1 may (emphasize MAY) not have to go thru all of the questions the fiances do...
crashandcariNot TellingEngland2006-04-30 20:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresStep daughter's I-130
Hi...

I had the same situation with my husband and stepson. With us we were sent a request for more information concerning my stepson. Turns out we forget to send in a copy of his birth certificate (which I do not remember being asked for). So that put my stepsons paperwork about a month behind my husbands. Also, we had started the fiance visa (K1) process for my husband first but had delays because we needed court approval to remove my stepson from the country. So we assume that my husband's approval was a bit easier the second time around. Do you have the necessary court paperwork for your stepdaughter to be removed from the country? The embassy will need to see that before they approve the visa.

Good luck!
crashandcariNot TellingEngland2006-05-02 08:19:00
IR-1 / CR-1 Spouse Visa Process & Procedures*yodel* yipppieee!
congratulations :dance:
crashandcariNot TellingEngland2006-04-28 21:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresStep Daughter's I-130
great news !! congrats :dance:
crashandcariNot TellingEngland2006-05-04 20:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresStep Daughter's I-130
i responded to you but i guess you didnt see it since it was on page 2 .. heres the link to my response

http://www.visajourn...showtopic=11725
crashandcariNot TellingEngland2006-05-02 21:02:00
IR-1 / CR-1 Spouse Visa Process & Procedureswhy me
yes it was very nervewracking waiting overnight to hear what would happen; if he'd have to go all the way back to london or not; but they really responded soo fast it was comforting...
crashandcariNot TellingEngland2006-05-05 12:33:00
IR-1 / CR-1 Spouse Visa Process & Procedureswhy me
as i posted in our other thread... crash e-mailed the embassy this morning (as instructed to by the very nice Marine who answered the phone last night) and explained the mistake they made. they e-mailed back in an hour telling him that thankfully he will not have to go back to london but instead they will make arrangements with the courier service to pick up his visa package, return it to the embassy for correction and then be returned to him! :dance:
crashandcariNot TellingEngland2006-05-05 09:24:00