ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresQuestions

My best adivce is to do all the research you can here; theres an abundance of information here...seek and ye shall find!...your answers. Its not that complicated if you follow the guides. good luck - it has to be mailed in the u.s., as you are petitioning him to come there.


Actually it does not matter where you mail your petition from, mailing it in from Canada is just fine.

Also, you can obtain the U.S. Money order in Canada, just go to one of the big banks like TD. You will find that the money order is actually drawn on their U.S. affiliate bank.

Edited by trailmix, 19 June 2010 - 12:06 PM.

trailmixFemaleCanada2010-06-19 12:01:00
K-1 Fiance(e) Visa Process & ProceduresFinally sent in Package

tyvm is there mor i have to fill out as beneficiary .. or is that all


When your file reaches the consulate you will need to fill our part 1 of the DS-230, that is the only form you submit before the interview.

Edited by trailmix, 22 June 2010 - 05:10 PM.

trailmixFemaleCanada2010-06-22 17:09:00
K-1 Fiance(e) Visa Process & Procedurespackets 3 and 4
5.then there is the packet 3, (I am not sure what this is, is it something I will receive and will have to send in?)
6. This mysterious packet 3 gets sent...where to? and who sends it?

Hi, nothing mysterious about packet 3, it is a set of instructions and a checklist that Montreal will send you and you send back to them, saying you have everything - or rather will have everything on the list by interview date. You don't have to actually "have" everything in your hand before you send it back.

A copy of pkt 3 can be found on the VJ Wiki Canada page.

There are a few forms you must complete and send back with the checklist, this is noted on the Packet 3 Confirmation of Processing link on the Wiki page.

8.Interview, but at which point do we get the interview date?

After you have returned your checklist, you will be in line for an interview, the wait time is currently around 3 months.

also I know there is a medical at some point, when do we get asked to get it done?

Get this done after you receive pkt 3 - a list of panel physicians in Canada can also be found in that link I posted above.

Also, there is no courier fee to pay on interview day, for Montreal they want you to provide an expresspost envelope, the biggest one Canada Post sells, info on that can also be found on the Wiki page.

Edited by trailmix, 23 June 2010 - 12:35 PM.

trailmixFemaleCanada2010-06-23 12:33:00
K-1 Fiance(e) Visa Process & ProceduresWhat to do next after K1 refusal?
Yes it was, here is the current list:

http://travel.state....ities_1364.html

Not sure what actual page you were pasting from Sunshine as you link just goes to the main page.
trailmixFemaleCanada2010-06-28 21:49:00
K-1 Fiance(e) Visa Process & Procedurestouched?
Hi and welcome :)

Touches mean someone has updated the status on your case (ie: someone is using the file) you would see this on the case status page you are viewing at the USCIS webpage.

NOA1 is the receipt you received (Notice of Action)

NOA2 means your petition has been approved (looks just like the NOA1 - basically just the info on the notice is different).

Things you can do now, not much really except ensure she has proof of all of her vaccinations. You can see the age appropriate list at the panel physician's website, also gives other info on the medical, like what you have to bring.

http://panelphysicia...munizations.htm

Check out the VJ Wiki Canada page here: http://www.visajourn...ndex.php/Canada down at the bottom is a link to the package 3 - you will want to see if there are any documents on there that you don't have yet.

You can check out common terms used on VJ here Acronym Summary

Good luck!

Edited by trailmix, 30 June 2010 - 06:47 PM.

trailmixFemaleCanada2010-06-30 18:46:00
K-1 Fiance(e) Visa Process & ProceduresK1, self employed and moving
We did not do this (serial numbers). I have heard of others who did. Your list sounds sufficient, that's exactly what we did.
trailmixFemaleCanada2010-07-04 14:46:00
K-1 Fiance(e) Visa Process & ProceduresK1, self employed and moving
I'll leave the business question for someone else to answer.

As for your TV, computers etc, these are your personal items and will not incur duty. Anything that you have personally owned for a year or more can be imported duty free, for up to 10 years.
trailmixFemaleCanada2010-07-04 11:15:00
K-1 Fiance(e) Visa Process & ProceduresAfter arival can we go on a vacation?

Is there a time or a process after my fiancee arives here that she can not leave the country? We would like to leave the country for our Honeymoon. I am thinking this wont be possible unless we take the vacation later! Does anyone have the details on this?


Hi,

No, she can't leave. When you apply for her adjustment of status you can also apply for advance parole, with that document she can leave the country. So it's either that or a greencard, whichever comes first, until then, no leaving.

Edited by trailmix, 05 July 2010 - 09:34 AM.

trailmixFemaleCanada2010-07-05 09:33:00
K-1 Fiance(e) Visa Process & ProceduresOverseas with questions

I have tried to ask questions of the Beijing embassy and they said they will not answer any visa question and to check the information they have on their website. I have been searching for information and finally thought of forums which led me hear. It does not help being stuck in Afghanistan as it is difficult to track down information. I even tried the JAG office and they would just give me a handout with no information to speak of.

As far as the name, she uses both names and does not care which is used. I just do not want it to slow down the process once we can begin the process. So I am trying to ensure I know what I'm doing as I am totally lost and very thankful to have found this site.


I think I am probably not familiar enough with Chinese naming protocol to answer this question. To a westerner I would respond, what is her legal name? At the same time, while I can legally use whatever name I choose, that does not mean that it will fly with immigration.

So the question is, why does she have two names?

Two people that might be able to help here (VJ members) are Darnell and/or Pushbrk, unfortunately neither of them accept PMs.

I would recommend you start a new thread, in the China regional forum and put something in the subject related to "name issue".

The China regional forum is here:

http://www.visajourn...forum/94-china/

Edited by trailmix, 05 July 2010 - 02:52 PM.

trailmixFemaleCanada2010-07-05 14:51:00
K-1 Fiance(e) Visa Process & ProceduresOverseas with questions

One of my main concerns is her passport. She does not think her passport is an issue as it is her passport, despite it not having her birth name and a different birth date. Is this something we should be worried about and see about correcting.

Thank you for your help so far.


I would double check the domicile issue, based on what you have stated. The place to check would be with whichever consulate she will interview at.

As for the name issue, I personally think you should look at having it corrected. The visa, her SSN her greencard will all be issued in the name that appears on her passport.

Edited by trailmix, 05 July 2010 - 09:19 AM.

trailmixFemaleCanada2010-07-05 09:19:00
K-1 Fiance(e) Visa Process & ProceduresOverseas with questions

Will me being stationed overseas create problems?


Hi,

The only place domicile comes in to play is for the I-864 (affidavit of support). The question is, are you a contractor working for a 3rd party company or are you working for the U.S. government?

If you are working for the government, that is considered as being domiciled in the U.S. If you are not, then you may have a problem as the sponsor must be domiciled there.

The only way around it, in that case, is to prove that you will reestablish your U.S. domicile, no later than the intending immigrant (ie: she gets her visa and you move back - and you need to prove that is what you intend to do).
trailmixFemaleCanada2010-07-04 21:25:00
K-1 Fiance(e) Visa Process & ProceduresUS Citizenship & K1 Visa
1. Would there be a problem because his citizenship has just been approved and then we will file a fiance visa immediately?
2. Do you think we will receive an RFE for this? We have enough proof (money transfers, joint bank accounts, chats,emails, receipts, airline tix) that our relationship is legitimate.

If you have enough proof of your relationship, this should not be a problem.

3. He's planning to come here for a vacation, if he will file now would that pose a problem because he is not in the US when NOA1 & NOA2 is released?

No.

4. What does "touched" means in the VJ timelines? Does it refer to the service center's actions with our petition?

Yes, that's what it means.
trailmixFemaleCanada2010-07-04 12:00:00
K-1 Fiance(e) Visa Process & ProceduresInterview Question and validity of document

VJ is not an official site.

The fee is $350 per person applying for a visa. PLUS medical exam PLUS AOS fee for each person after arrive to adjust status.


The question was, is america.gov an official site.
trailmixFemaleCanada2010-07-07 00:43:00
K-1 Fiance(e) Visa Process & ProceduresInterview Question and validity of document
It is an official U.S. government website, the fee is correct:

On the date of the appointment your fiancée should come to the Immigrant Visa section of the Embassy in Kyiv. Minor children under 14 do not need to attend the interview. Your fiancée and each dependent child must pay a $350.00 non-refundable machine-readable-visa fee in U.S. dollars at the Consular Section. In case a part of the fee is paid at ProCredit Bank ($131 or $140), the corresponding difference must be paid in dollars at the Consular Section. U.S. embassy Kyiv
trailmixFemaleCanada2010-07-06 14:44:00
K-1 Fiance(e) Visa Process & ProceduresConfused about our options...
Hi and welcome,

When you say "they" received their greencards back in 2007, you mean his parents? There are numbers to call for information, where exactly is his application at this point - physically?

You could file for a K1 while he is still in the U.S., he would have to go back to Canada for the medical and interview.

Alternately you could just apply to adjust his status, have a look at the Guides here on VJ (link at the top of this page).
trailmixFemaleCanada2010-07-08 11:27:00
K-1 Fiance(e) Visa Process & Proceduresplease help, lost, scared and confused!
I haven't even heard of the CR1, I need to look that one up. We just want to do it the fastest, safest way possible. We have nothing to hide, and are trying to abie by all laws.

The K1 is probably faster, basically you do the majority of the paperwork after you are in the U.S., with the CR1, you do it upfront, the CR1 is cheaper and the person becomes a permanent resident when they enter, ie: they can work right away.

But if speediness is your only concern, you will probably want to go with the K1.

You can do the paperwork and mail it in from wherever, you are probably confusing the K1 with the K3, with the K3 you must interview in the country you were married in.

As for your lawyer saying your Husband might be banned if he tries to enter the U.S. again - that seems a bit odd. Many Canadians here at VJ have been denied entry (some more than once) and still managed to successfully visit after that. There is nothing wrong with attempting to visit as long as he brings a lot of strong ties to Mexico and is completely up front and honest.
trailmixFemaleCanada2010-07-07 23:54:00
K-1 Fiance(e) Visa Process & Proceduresplease help, lost, scared and confused!
Since you can't get married and are unwilling or unable to leave Mexico, your only option is the K1. It's not complicated so you really probably don't need a lawyer, but that is up to you.

You start by filing the I-130 and I-129F petitions. You mail them to USCIS. Once that is approved your file will briefly pass through the national visa center on its way to the consulate where your Husband/wife will have their interview. Once approved the intending immigrant is free to move to the U.S. You must marry within 90 days and then apply to adjust the immigrant's status (more paperwork, more money at that stage).

When you apply to adjust their status, after you get married in the U.S., they cannot work until they receive their employment authorization document (EAD) or green card, whichever comes first. They also cannot leave the U.S. until they get their advance parole (AP) or green card, whichever comes first.

That's about it. They then get a 2 year conditional green card, after two years they must lift those conditions (ie: prove you have a bonafide marital relationship).

At the top of this page is a Guides tab. Click on the K1 guide for details, it will tell you step by step what you need to do.

If you were both willing to move to Canada and get married now, you could pursue a CR1 visa. I just mention it as an option.

Edited by trailmix, 07 July 2010 - 09:52 PM.

trailmixFemaleCanada2010-07-07 21:49:00
K-1 Fiance(e) Visa Process & ProceduresTravel to US while waiting for K1 Interview
Hi,

She should always carry strong proof of ties to Canada with her, whenever entering the U.S., like a letter from an employer, stating when she is expected back, a lease or mortgage papers, bank statement etc.
trailmixFemaleCanada2010-07-08 20:07:00
K-1 Fiance(e) Visa Process & Proceduresdivorce decree/divorce certificate difference?

oook. thanks. so now we can expect an rfe for a decree?...frustrated now. :-(


Hi,

You should always check the reciprocity schedule for details of Canadian documents required.

As an aside, if you are interviewing in Vancouver, ensure you also have a copy of your marriage certificate, for your prior marriage, I know it doesn't make much sense but many have been asked for it.

Divorce and Child Custody Records

Canadian divorce records are maintained by provincial and territorial courts. Primary evidence of divorce is the original or court-certified copy of the final divorce decree from the court where the divorce took place. Some provinces also issue a "Certificate of Divorce" similar to a large or full-size marriage certificate (a computer-printed extract of information on currency style stock paper, 21.6 x 17.8cm or 7 x 8.25 in., with an intaglio border). The Certificate of Divorce is also acceptable evidence of divorce, though it has no information about child custody.

To obtain a court-certified copy of a divorce decree or a Certificate of Divorce, applicants should contact the clerk or registrar of the court where the divorce was granted. Applicants unsure of the court in which their divorce proceedings took place may write to the Central Registry of Divorce Proceedings, P.O. Box 2730, Station D, Ottawa, ON, K1P 5W7. The Central Registry cannot issue a divorce certificate, but will be able to confirm at which registry the divorce was granted. Additional information is available online.

Edited by trailmix, 09 May 2010 - 04:29 PM.

trailmixFemaleCanada2010-05-09 16:23:00
K-1 Fiance(e) Visa Process & ProceduresK-1 visa denied
Thanks guys!
Yes it is a good news hcdt.
DaleFlorida, yes I will tell my fiancée to look at all documents and notice so there won't be anymore mistakes or denial again. As we are going to have a family.
Thankfully things went well.
ST&EE031906xoMaleCanada2011-11-06 11:55:00
K-1 Fiance(e) Visa Process & ProceduresK-1 visa denied
We appeal and now our petition is approved. Thank god! It only took less then a month. We sent it on second week of October and got approved November 1. We sent the necssary documents and also stated we are going to have a baby. Thank god they approved what we sent with our appeal.
ST&EE031906xoMaleCanada2011-11-06 05:21:00
K-1 Fiance(e) Visa Process & ProceduresK-1 visa denied
Hello everyone,

I am new to VJ.

We really need help. My fiance who is petitioning me just received a denial notice on September 15, 2011 saying that we lack evidence and that we can appeal. They did send him RFE notice and has sent more evidence on July and have received it for review but didn't state we are having a baby. We Sent the I-129f package with evidence of relationship on March 2011 and on April we found out that we are having a baby and will be due on December 10, 2011. I was there while we were getting the I-129f form ready and we didn't put on the form that we are going to have a baby because we have already sent the form. Sorry if I am not making any sense here. My questions are:

  • Should we appeal or refile for a K-1 fiance visa?
  • If we do refile do we need to state that we got denied the first time?
  • What is the best choice refile or appeal, which will take longer?
  • Can I refile after receiving denial notice?

If anyone can help me with this question I much appreciate it.
Sorry for so many questions.

We just really need help with baby coming on the way. We just want to be together and get our family going for the sake of the baby.


Thanks everyone,

She
ST&EE031906xoMaleCanada2011-09-16 17:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864

Well, that is actually the reason why I would want to send in only the 2009 return. In 2007 and 2008 I worked kind of a dead-end job in order to get the bills paid until I finally landed my current job that pays quite well...well above the 125%. So I would think that sending the 07-08 tax returns, which show that I might have barely made the 125%, might look more suspicious. I suppose they would take all things into account right?(new job, promotions, etc.)

Thanks for your replies!


Soooo you are making me wonder if you have really looked at the I-864 (or EZ). You have to state your earnings for all three years anyway, so you can't hide what your earnings were for the previous 2 years.

No need to send in 2007 or 2008 if you are comfortably over the poverty guidelines for 2009 - however, I would certainly get copies of those transcripts for your wife to take to the interview, you don't want her sitting there being asked for - easy to obtain - information. That will hold you up for weeks.

Yes, they do take all things in to account.
trailmixFemaleCanada2010-05-18 17:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS question + "instruction packet" not used anymore?

That VJ Wiki was very helpful - my wife did get the barcoded thing, so now we know she has to send the AOS. So next question - should I submit by form with all the docs (the DS2032 one) or should I wait until AOS has been approved by my wife and her mother (co-sponsors)?


Do you mean the DS-230?

If so, they are two completely separate things, so handle them separately, no need to wait for something to be done about the I-864 - send the DS-230 when you are ready to.
trailmixFemaleCanada2010-05-19 12:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS question + "instruction packet" not used anymore?

Also, at no point has anyone asked us to fill out an AOS. We have been married 5 years, but still think we should be doing one. My wife lives with her mother who is the main income earner. My wife had to give up her job due to chronic back pain a few weeks ago - so how on earth would we go about filling in the AOS - would it be a case of my wife filing all her tax records and saying 'no current job' and then her mum making up the difference?


In answer to your question about the I-864, affidavit of support. As Darnell mentioned, it would be a very good idea to read or re-read the instructions for that form.

Yes, your wife will need, at least, a copy of her 2009 return with slips OR an IRS transcript for that year (if she is getting transcripts she may as well order them for 2007 and 2008 as well, she can send those in with the AOS, or at least send them to you to take with you to the interview, they may ask to see them). There is a place to mark, on the form, that she is unemployed and to give a date when her unemployment started.

Yes, you can have a joint sponsor, she will fill out the I-864A (because she is your wife's household member, otherwise she would fill out the I-864) She will need to send the same proof/documents with the I-864 as your wife will.

Edited by trailmix, 19 May 2010 - 12:08 PM.

trailmixFemaleCanada2010-05-19 12:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS question + "instruction packet" not used anymore?
Once your payment is received you should be able to print a barcoded sheet which you will submit with your forms/documents.

Have a look at this guide in the VJ Wiki, in particular starting at item 9 - Paying AOS Fee Bill Online

http://www.visajourn...ee_Bill_Online.

You can have a look at this page for the official instructions from DOS:

http://travel.state..../info_3183.html

Edited by trailmix, 19 May 2010 - 11:39 AM.

trailmixFemaleCanada2010-05-19 11:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS-230 - docs required or not?
You are probably reading information from people who filed directly with a consulate vs filing directly with USCIS and then processing through NVC.

Yes, you send the documents to NVC with the DS-230.
trailmixFemaleCanada2010-05-19 12:38:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIncome / Poverty Guidelines / Equity in Home?

I'll take a good look in the next few days. We're going to follow all advice and hit these forms at the same time. Thanks to everybody for today's answers. Much appreciated. I did know about the 3-1 ratio and that is all fine.


(hint, the part about property as assets is on page 9 of the instructions :thumbs: )
trailmixFemaleCanada2010-05-19 13:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIncome / Poverty Guidelines / Equity in Home?

Again - I have heard this in a few places, but have not seen an official government page that lists what is and what is not allowed. My wife's mum runs a moderately successful business, but murhy's law always crops up - and I don't think she pays herself much of a wage!


Hi,

This is because you haven't read the instructions for the I-864 yet (but you must).
trailmixFemaleCanada2010-05-19 13:23:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI864
Np, put N/A in the first 'name' field
trailmixFemaleCanada2010-05-19 13:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI864
Enter N/A in item 9.
trailmixFemaleCanada2010-05-19 13:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSo angry!!

They get paid to sit there and do that so its not acceptable in my eyes :bonk: i mean she could have just said you can just read right through it instead of getting all mad like she did.

SIF: sign in fail


No I agree, no excuse for her being rude to you - what I was trying to say is that it doesn't hurt to look at yourself and ask - how could I have made that go better? You assume people are slow and need you to pause all the time, all i'm saying is don't - they will probably all thank you for it :)
trailmixFemaleCanada2010-05-18 17:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSo angry!!
Sorry you got a grouchy representative, but hey it happens, no excuses - but you know how it is! While I wouldn't go so far as to call them by name, you have to realize that the person on the other end of the phone (not just NVC - any call center) does that job every day - all day long, you splitting up the numbers like that is probably pretty annoying to them, they will let you know if you are going too fast :)

(I got a reminder of this a few weeks ago when I was ordering chinese food, I also got yelled at - but now I just talk really fast and they don't yell at me anymore lol)

One thing I noticed, you asked her if your AVR was updated? AVR is automated voice response, so that's not really a question you would ask them - since she was grouchy i'm surprised she didn't tell you to check the AVR yourself. :hehe:

What the heck is SIF?

Edited by trailmix, 18 May 2010 - 03:16 PM.

trailmixFemaleCanada2010-05-18 15:13:00
IR-1 / CR-1 Spouse Visa Process & Procedurescr1 possibility
Yes, just those two forms - they form your petition to get started. Yes that part is easy :)

Once the petition is approved your file will move on to the National Visa Center - this is where the real paperwork begins. You will pay the fees and file the I-864 (affidavit of support) and the DS-230 with NVC.

Once that is all done and approved you will be in line for an interview at your U.S. consulate.
trailmixFemaleCanada2010-05-20 12:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFraud Prevention Unit
Which is why I was asking for details of questions asked/answered at the interview - to see if there was a hint as to why their file has been flagged.

It seems unlikely that he was asked how you met and how long he was in the U.S. and then asked for tax returns and was too slow so she went ballistic. Now, I say unlikely - because it's not as though this NEVER happens at the consulate interview.

However, as the file was flagged before the consulate stage one would assume that she would be questioning him more and in particular on whatever the subject is that you were flagged for in the first place.

As Push mentioned - it could be some mixup on their part, however I think it is really important that you two start brainstorming about what could have caused your file to be flagged.
trailmixFemaleCanada2010-05-22 11:22:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFraud Prevention Unit
Hi,

Sorry to hear this. You don't mention what else she asked him/was said to him during the interview - there might be some clue there as to why she was so volatile?
trailmixFemaleCanada2010-05-22 09:48:00
IR-1 / CR-1 Spouse Visa Process & Procedureshas anyone been reviewed doc's twice by NVC
They normally always say 8-10 days, it is their standard answer. It usually takes 3-4 days.

You mentioned in your other thread that you did not actually speak with a supervisor. If you haven't heard back from them in 3-4 business days, call and ask to speak to a supervisor and don't take no for an answer (persistent, but polite works).

Good luck
trailmixFemaleCanada2010-05-24 21:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTax Transcripts question regarding 1-864A
For both the I-864 and I-864A only the last tax transcript is needed, to submit to NVC.

That said, the beneficiary should take the previous two years with them to the interview (for the sponsor and joint sponsor) just in case they ask to see them.
trailmixFemaleCanada2010-05-28 15:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresBirth certificate & National ID for Iranian
I don't sorry.

That link I gave you is for the department of state - those are the rules they will follow for whatever you send to NVC.
trailmixFemaleCanada2010-05-27 17:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresBirth certificate & National ID for Iranian
You may want to apply for an identity certificate right away. If you don't get it before you reach the NVC stage, you may want to go ahead and submit what you have - with a note stating you have applied for the identity certificate.

Here is the official word on what they will accept:

Documents

Birth Certificates

Unavailable.

Identity certificates (Shenasnameh)

Available. Identity certificates (Shenasnameh) showing the date and place of birth, parents' names, place of residence, and marital history where appropriate, are issued to Iranian nationals in urban centers by the Department of National Registration and Statistics (Edareh Sabt Ahval va Omar) and in rural regions by district (Bakhsh) offices of the Department. These are accepted by the Embassy in lieu of birth certificates for visa purposes. Information contained in these certificates must be evaluated with the understanding that certain data, particularly dates and places, may be inaccurate. No official fee is charged for delivering documents to the applicants. When these documents are requested from abroad, an indefinite waiting period should be expected before a reply is received.

Birth or baptismal certificates emanating from ecclesiastic authorities of the church to which non-Moslem applicants belong are frequently of doubtful value. Moslem ecclesiastic authorities in Iran issue no documents to visa applicants.

One other thing - when you submit your documents to NVC, be sure to submit a copy of your Canadian citizenship card, not sure if you are aware that you need to do this, so thought I would mention it.

Edited by trailmix, 27 May 2010 - 11:56 AM.

trailmixFemaleCanada2010-05-27 11:50:00