ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresPlease Help ASAP! USCIS Not accepting original divorce decree

and now this RFE has the potential to derail our wedding plans.

 

 

There should be NO wedding plans at this time.


baron555MaleRussia2014-10-09 08:58:00
K-1 Fiance(e) Visa Process & ProceduresPlease Help ASAP! USCIS Not accepting original divorce decree

The decree is usually a multi-page document that outlines all the terms and conditions of the divorce settlement. 

 

That must be what they want.


baron555MaleRussia2014-10-02 15:26:00
K-1 Fiance(e) Visa Process & ProceduresFiance Visa

i want to ask if do i need a lawyer for filing? i read some forums that. if you dont have any issues about filling you can do it by yourself.

me and my fiance is both legally married. we never get married and we never have a child. and for the affidavit of support. when do you need to show that to them?

 

 

Shouldn't need one.


baron555MaleRussia2014-09-10 08:37:00
K-1 Fiance(e) Visa Process & ProceduresPhoto Help

Hi

 

I was wondering if its ok to send the same photo i sent with my original application for the medical and visa application? The photos are around 8 months old now but i look exactly the same. Should i get new ones done or go with these?

 

Thanks

Emma.

 

We used the same.


baron555MaleRussia2014-10-09 09:08:00
K-1 Fiance(e) Visa Process & ProceduresProof of meeting/Lost boarding passes

Only need proof of one meeting (within the last two years prior to the filing date).  You don't get extra credit for additional meetings...save those for the interview.

 

Choose and document one meeting.  Period.


baron555MaleRussia2014-10-09 11:38:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

I because in the US it is every American's right to bring their loved ones to live with them.

Nope...immigration to the US is NOT a right....it's a priveledge.....big big difference.

 

 

And I would agree that once the VWP expiration is reached, the foreigner's presence in the US is illegal, regardless if you have filed for AOS....that only works for the K-1 situation.

 


 

 

No mention at all of intention to become pregnant.

 

 

Intention here is not at issue....actions consciously taken (or not taken) resulted in the pregnancy.

That was fully in control of the couple.

 


baron555MaleRussia2014-10-09 14:33:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

 

The law allows them to adjust, so you are pontificating about a non issue.

 

OK...Is there a possibility that the AOS petition could be denied?

 

If so, what could the couple do then?


baron555MaleRussia2014-10-09 11:37:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

Get married now, adjust status, and add her to your insurance. Do not be put off by those that say it is illegal, it is not. As long as you did not plan on her staying when she arrived, you will not be doing anything wrong. 

 

It's not illegal, it's just trying to circumvent the immigration laws and requirements.

Yes the visitor came here without intent to stay but they intentionally got pregnant (meaning the male and female both purposefully did certain things so that she became pregnant...or purposefully didn't do other things to prevent that from happening).  To use that as basis of the argument to stay and AOS just doesn't hold water.....there is no reason the foreigner can not go back....wanting to have the baby born here in the US isn't an argument to circumvent the normal process.

 

IMO, since there is no compelling reason why they can not go through the normal process, why would they be allowed to AOS?


baron555MaleRussia2014-10-09 11:28:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

Yes they can. It may not be fair to some, but there is nothing illegal in doing so.

 

 

Then everybody should do the same?

 


baron555MaleRussia2014-10-09 10:41:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

 

 It's all about the intention at the time of POE.

 

 

It doesn't matter about intention at time of POE.  Someone can not just come here on a VWP and then change their mind to AOS.......and creating a pregnancy doesn't automatically allow one to circumvent the process.....the same as suddenly deciding to become married....doesn't allow anyone to circumvent the process.

 

The pregnancy came into being by two adults willingly allowing it to happen....it doesn't happen automatically without thought (or does by lack of same).
 


baron555MaleRussia2014-10-09 10:37:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

This is also incorrect. USC spouses don't accumulate unlawful presence while their AOS process is underway.

 

No you're wrong.  She came here on a visitor's visa.  She has to abide by that regardless of her marital status.....why then wouldn't any VWP visit, become pregnant and then AOS.......that would be circumventing the entire immigration process.

 

I say this is a bad idea....if determined at AOS to be visa fraud, a possible lifetime ban could be in the picture....I personally would not want to gamble that large.

 


baron555MaleRussia2014-10-09 09:11:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

 

Questions: 

1: I'm aware as a VWP you can't overstay your visit or AOS. But does this situation changes anything?

No

 

2: If I file K-1 (Fiancee Visa) and she returns home would they allow her back in as VWP for Prenatal Care or to have baby while we wait on K-1?

Most likely not but it is possible but she still have to return, have her medical and Embassy interview in her country.

 

3: What would you advice (Fiancee Visa or Spouse Visa)?

K-1 is a bit quicker but you could marry now and then she returns when her current visa runs out.  You could begin the filing of either while she is here (obviously need to marry first before filing for the CR-1 Spousal Visa).

 

4: What are her chances of entering USA as a pregnant woman under VWP?

Maybe

 

5: I'm aware on K-1 Visa she can't get Government help (Medicaid ect) does this mean if our baby is born in USA I will have to cover everything? I want to cover as much as I can but I read online average delivery is $30,000 which is out of my reach. 

If you became married, then she might qualify as your spouse, something to investigate.

 

6: If we get married and I file for her AOS will this be consider a fraud because of entering as VWP?

Yes

 

We had no intention to married but as you can imagine I want our baby to be born and have both parents living together.

Just because she is pregnant doesn't automatically qualify you to circumvent the immigration process.  I don't mean to sound mean, really.

 


 


Considering she is still in the US, the easiest way, if you really mean to marry her, is to get married and file for AOS.  She will not be here illegally

Wrong, she will be here illegally, unless you can get AOS approved. 

 

and your baby will be born in the US as you wish.  T

 

 


baron555MaleRussia2014-10-09 09:05:00
K-1 Fiance(e) Visa Process & ProceduresIgnored RFE and still got approved??

Hi all, 

I know this sounds extremely stupid.. but is it at all possible that someone could be issued an RFE, ignore it and still get a k1 approval? 

At work right now, I'll provide more details why I asked this later on... 

 

Maybe, but don't remember reading about any such cases.


baron555MaleRussia2014-10-09 09:04:00
K-1 Fiance(e) Visa Process & ProceduresIs Income Judged Before or After Taxes?

Before


baron555MaleRussia2014-10-10 10:04:00
K-1 Fiance(e) Visa Process & ProceduresWill Joint-Sponsorship or Loan from parents work as financial proof for Fiance Visa?

 


 
So my question is, is what I'm planning correct? Would I be allowed and be successful in applying and having financial proof by joint-sponsorship from older sis or have a current bank balance of 75,000 by asking a loan from parents? I'm ready to process fiance visa but i just need these answers first. Thank you for your time. 
 
I believe Manila frowns upon the use of cosponsors for K-1 visas, but not as much for CR-1 visas.
Visit the regional forum to learn more about this country-specific question.

 


Edited by baron555, 10 October 2014 - 08:58 AM.

baron555MaleRussia2014-10-10 08:57:00
K-1 Fiance(e) Visa Process & ProceduresK1 Fiance Visa and Border Crossing denied?

I wanted to ask if anyone knew anyone that was denied with the K1 Visa at the border crossing or flight departure? My fiancé is going to be coming soon and I am so scared that this might be  scenario. Has anyone faced this? what advice do you have for me?

 

Depends on if they start saying specific words, or find guns or explosives or other contraband.
 


baron555MaleRussia2014-10-10 09:00:00
K-1 Fiance(e) Visa Process & Proceduresk i 1fiance visa process

Please anybody knows the update of american embassy in Spain Madrid ,Base on how they process and what they need, and how they pay k vise fee,please I will kindly appreciate any help thanks.

Contact the Embassy directly.


baron555MaleRussia2014-10-12 08:00:00
K-1 Fiance(e) Visa Process & ProceduresEnough money in bank but not on tax returns

Hi question. For k1, the whole i34 process is so confusing. I read that not all consolates accept co-sponsors. Where can you find a list of this? I have been looking online regarding Senegal but to no avail?

There is no list.  Read up on your respective regional forum here.....or....contact the Embassy and ask!  (Novel Idea !!)

But the fundamental question is that I don't know if the petitioner bank statements are well above poverty level (mostly in monetary gifts ) but the tax returns do not reflect that, for gifts are not reported on tax returns for the giftee, then do u think bank statements would be sufficient?

Current income is key.  Assets help but income is key.

Also as for assesss how about owning a property. Say the property is worth 80,000 bought for 50,000 but 30,000 still owed is that an asset ??? How would that be proven?

Property is not viewed as so valuable....unless you liquidate it first.

Thx so confused   Income is key, get the hint?

 


baron555MaleRussia2014-10-12 08:14:00
K-1 Fiance(e) Visa Process & ProceduresAre my evidence of ongoing relationship good enough?

Hi guys. I recently submitted a i-129f petition for a K-1 . i just want to know your opinion on the evidence of ongoing relationship that i submitted with the petition... good enough?

 

- Greeting cards she sent me (none from me :no: ) x4

- Pictures together x4

- Remittance receipt (past 2 years)

- Engagement ring receipt

 

 

Thanks!!

 

These help...but of themselves don't show anything towards a legitimate relationship.  Content is key.
 


baron555MaleRussia2014-10-12 08:18:00
K-1 Fiance(e) Visa Process & ProceduresNOA 2 Received, but currently unemployed.

Thank you both. By the way, can anyone give me details on the time limit if I opt not to use a cosponsor and get a job first? How long do I have in order to continue the process?

 

Current income is key.  As long as you can prove you have a job at the required annual income level at the time of the interview is all you need. 


baron555MaleRussia2014-10-12 11:44:00
K-1 Fiance(e) Visa Process & ProceduresNOA 2 Received, but currently unemployed.

Hi Everybody.

 

Thank you for your attention on this topic.

 

As the title says, my fiance and me received the NOA2 for our K1 petition a month ago, just during the time I was laid off at my previous position. Does anyone knows if in order to proceed with the process and complete all the neccesary forms (e.g providing the I-134 affidavit of support form) I do need to be employed?

Yes or you need a cosponsor.

 

Also, is there a time limit if I can't currently proceed with the next steps? Can my petition get disapproved after certain amoun of time? 

 

Yes

 

Thank you for your help!

 

-Daniel Abdala

 


baron555MaleRussia2014-10-12 08:15:00
K-1 Fiance(e) Visa Process & Procedures(K1 visa) Question- moving States after already receiving NOA2

 

I have a question if anyone can help me out..
 
we applied for K1 visa. Already received NOA2 & Packet 3.
 
My question --  If the petitioner moves states before the interview (and the beneficiary brings all the information of new address etc) to the interview..
 
Would that be something the US consulate would use against us for approving the visa?  
 
No
 
I hope I made sense.
Thank you in advance. 

 

 


baron555MaleRussia2014-10-13 15:46:00
K-1 Fiance(e) Visa Process & ProceduresRussian in Canada question(s)

 

From what I can tell from the friend, the sister really doesn't want to go back to Russia and had been working towards her "refugee" status in Canada for some time. 

Good luck with that.

 

If I understand the status of the sister, she has a refugee hearing in November.  The Status of her petition will be determined then and she will either be granted Refugee Status, or deportation proceeding wil be begun (I assume it's possible to get an appeal, but I don't know Canadian Immigration...)

OK, then they will know.

 

Sometime in the past few weeks, the American Gentleman "proposed" to the sister and the whole issue of wedding dates started.  The Gentleman would like to be engaged for at least 6 months before they get married.

Whatever

 

From what I hear, if the Refugee Hearing goes bad, the sister  may be told she needs her bags packed as she could be deported immediately.

Yep

 

So, after all of that, here's the question my wife posed:

 

If the American Gentleman and the Russian Lady were to marry in Canada, would that stay the deportation?  Again, not knowing Canadian Immigration law, I can't answer my wife.

Most likely not.  Marital status usually has no bearing on immigration status.

 

 

A second question my wife asked was - what kind of Visa would the American Gentleman need in order for the sister to come to America?  A K-3 post wedding?

If they were to become married, then a CR-1.  She would need to be legally residing in Canada to have the interview at the appropriate US Embassy in Canada....if not then her interview would be at the Moscow US Embassy.

 

 

My gut tells me that should the Sisters Refugee Hearing go against her, getting married to the American man will not stop her deportation and the American Man would need to process a K-1 Visa to her back in Russia.

No, if they become married, then the K-1 is off the table.

 

 

I've no experience with any of this and thought I's ask the community's thoughts and opinions.

 

 

Bob


 


baron555MaleRussia2014-10-14 11:54:00
K-1 Fiance(e) Visa Process & ProceduresCan I change Jobs?

No current income is key.


baron555MaleRussia2014-10-14 08:53:00
K-1 Fiance(e) Visa Process & ProceduresMexican Document Translations

The certification does not state that the person who signs it has translated the documents, rather that they agree that they are accurate translations.

It should

 

 

I am not a legal translator,

Don't need to be....you yourself could have translated the documents.

 


 

Hopefully these can be of some use and can help you reduce costs as you put together your packets.  We used this site for ours and are thankful for all the input we found here.

It doesn't need to cost anything, anyone can translate.




baron555MaleRussia2014-10-12 08:16:00
K-1 Fiance(e) Visa Process & Procedurescan i use photocopy photocopy of signature

it says photocopy of signature is not acceptable


baron555MaleRussia2014-10-09 09:07:00
K-1 Fiance(e) Visa Process & ProceduresK-1/K2 visa and reporting birth abroad process

 

The reason the consulate keeps pushing you to the CRBA is because your child is probably qualifies for USC and not K-2. If your finance goes to interview without a CRBA odds are she will end up in AP until the CRBA is in hand.


 

And we've seen that in cases where the CRBA is not quickly possible, then the child is given a K-2 and you complete everything once they are here.


baron555MaleRussia2014-10-15 11:12:00
K-1 Fiance(e) Visa Process & ProceduresK-1/K2 visa and reporting birth abroad process

I am in a position where I don't quite know which path to take. I have already filed for the k-1 visa and received my NOA1. The beneficiary's child is also my own.. although born in another country (chile). I emailed the embassy and they keep referring me to 'report the birth of a child abroad'. The k-1 visa process is currently being reviewed and doing its thing.. I have marked down the child's name on the k-1 and my question becomes what do I do? If i report the birth abroad will that interrupt the k-1 visa process? The embassy keeps referring me to reporting the birth abroad but I just want to know if it will affect the k-1 visa in any way.. or create problems? Thanks for viewing my post.

 

The child qualifies for a US Passport since you are one of it's parents......that's what the Embassy is trying to say.

 

Go here:  http://travel.state....orn-abroad.html


baron555MaleRussia2014-10-14 15:50:00
K-1 Fiance(e) Visa Process & ProceduresHow do I check to see if Bogota, Colombia consulate will accept an asset-only I-134?

Email the Embassy and ask.


baron555MaleRussia2014-10-15 15:38:00
K-1 Fiance(e) Visa Process & ProceduresI-134 PROBLEM: IS IT POSSIBLE TO REMAIN WITH FIANCE IN FOREIGN NATION WHILE WAITING FOR INTERVIEW?

@baron555 well no I am not worried since we have 6 months from the time she receives her visa to actually enter the US. So when you say I should be able to, does that mean that it is possible and common to get the visa on the strength of asset's alone? 

 

Email the Embassy.  Current income is key. 
 


baron555MaleRussia2014-10-15 15:40:00
K-1 Fiance(e) Visa Process & ProceduresI-134 PROBLEM: IS IT POSSIBLE TO REMAIN WITH FIANCE IN FOREIGN NATION WHILE WAITING FOR INTERVIEW?


Please tell me there is another way to do this, the idea of being separated from my fiance for another 6-8 months because I have to prove work is breaking my heart right now.

Not worried about finding an adequate job to support her once you both arrive?   If not, then you should be able to do as you propose.
 

 


baron555MaleRussia2014-10-15 14:34:00
K-1 Fiance(e) Visa Process & ProceduresI-134 - What to do if you don't have a job history

Hey there again, 

So I am just graduating college and lived in Colombia this last year where I met my fiance and as a result I have no little to no salary history to show the consulate. I do however have more than sufficient enough assets (tens of thousands of dollars) that could be increased substantially with a co-sponsor. 

 

Am I just totally screwed because of this? What do I do?


 


 

They want annual income. the cosponsor should have that also....not just assets.  Maybe you best bet....for your future family....is to stay here and get your first job and get that annual income started.


Edited by baron555, 15 October 2014 - 05:26 PM.

baron555MaleRussia2014-10-15 17:25:00
K-1 Fiance(e) Visa Process & ProceduresShould these pictures be shown at K-1 interview?

Ceremony pictures? What ceremony pictures? No idea what you're talking about ??
Thanks for the advice!

 

You yourself said you had a wedding.


baron555MaleRussia2014-10-14 14:17:00
K-1 Fiance(e) Visa Process & ProceduresShould these pictures be shown at K-1 interview?

In a nut shell, I had a small wedding

That's a problem....with the K-1....and what do you mean a "small" wedding?  Either you had a wedding or you did not.

 

with my fiance when I went out there. It was only legal through our church. Not the government.

What does the US Government say it is?....doesn't matter about the foreign government, only USCIS and the Embassy.

 

I'm bringing her here as fiance. During interview if they ask for additional evidence should my lady show our wedding pics? Or would that not be wise?

Yes totally not wise.

 


Edited by baron555, 14 October 2014 - 11:46 AM.

baron555MaleRussia2014-10-14 11:45:00
K-1 Fiance(e) Visa Process & Proceduresi-134: intended contributions for k1

Yes, that is what everyone refers to, but I am actually interested WHY the sample response is "N/A"? Anyone hace this from a USCIS source or similar that question 11 is not relevant and that "N/A" us a suffiscient?

 

The only proofs are the tons of K-1 filers who answered the question as stated and none were denied due to it.

 

The 134 is used for many other purposes where that question would be germane.  The assumption is that the sponsor will take care of the beneficiary forever.


baron555MaleRussia2014-10-12 11:42:00
K-1 Fiance(e) Visa Process & Proceduresi-134: intended contributions for k1

Follow the Example Forms.


baron555MaleRussia2014-10-12 08:17:00
K-1 Fiance(e) Visa Process & ProceduresLeaving US temporarily

Hi, Thanks for the answer. We plan to reside permanently in US but because he's doing some work in Philippines we might need to comeback . So just in case we want to come back to Phil after we get married in US can we do that?

Yes but not until you AOS and receive the AP or the GC.  If you both need to return to the Phils for a short time, then that would be OK, but if it may be more than 6 months.....then you might want to take the route below.

 

and what visa should I get the next time I go to US to stay there permanently? ? sorry kinda complicated. 

 

Alternate if need to return to the Phils for an extended time (6+ months following marriage).

 

Plan A:  Apply for a visitor's visa, travel to the US, get married and return before that visa expires.

Then when you plan to move to the US permanently, apply for a CR-1 or DCF visa while in the Phils, obtain that and move to the US.

 

Plan B:  Apply for the K-1, travel to the US, get married but don't AOS. 

Then do the same as above for the CR-1 or DCF.
 


baron555MaleRussia2014-10-15 08:33:00
K-1 Fiance(e) Visa Process & ProceduresLeaving US temporarily

Your fiance must stay in the US until she get her green card.

 

The beneficiary can always leave without the AP or GC...they just won't be allowed back in.


baron555MaleRussia2014-10-15 08:29:00
K-1 Fiance(e) Visa Process & ProceduresLeaving US temporarily

Hi everyone! Im new here. :)  Hope you guys can help me with my concern. Just filed our papers today and keeping my fingerscrossed to hear good news soon. Anyways, Me and my fiance lived in Philippines and we filed k-1 visa to get married in the US,

That's what the K-1 is for.....plus more, see below.

 

 

after we get married can we comeback to the Philippines

After you AOS and receive the AP or GC......but if you mean to go back to the Phils to live permanently.....then the K-1 and AOS and the GC is NOT for you.  The GC allows you to permanently reside in the US and you have to maintain a minimum presence (I believe min is 6 months) in the US for the GC to be valid. 

 

or we need to stay in US until I'll be approved for permanent residency? Thank you

 

Where do you intend to permanently reside?    If it is in the Phils, then you only need a visitor visa to visit the US to get married there.

 


baron555MaleRussia2014-10-15 08:13:00
K-1 Fiance(e) Visa Process & ProceduresWhich address for marriage license

My fiancee already has the visa. She travels here tomorrow for our wedding next week! Filling out the marriage license now and wondering which address I should fill in for her address. Would it be ok if I just put my address?

If that's going to be her permanent address once she arrives, then yes.

 

Will this have an impact on the license, certificate or AOS process to follow?

No

 

I know I may be nit picking here, but you can never be too sure with this type of process. Thanks!

 


baron555MaleRussia2014-10-16 08:51:00