ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresIF I DONT MARRY AND GET BACK,
Gees. And everyone wonders why the process sucks.
heathiusNot TellingGermany2006-11-20 22:48:00
K-1 Fiance(e) Visa Process & ProceduresFrustrated isn't the right word.
Jasal,

Just a word of warning... Don't count on the US consulate in China helping you by phone either. The help center in China is only trained to read what is on their computer screens. Aside from telling you the official status of your case, they won't help you in any way.

And to make it more rediculous, the help center has been "outsourced". They are located in some other part of China (Chengdu I think), and they have no direct connection to Guangzhou. To top it off, it is a toll phone number which must be prepaid before you can call them. The toll is expensive (equiv to US$34 /hour).
heathiusNot TellingGermany2006-11-22 23:08:00
K-1 Fiance(e) Visa Process & ProceduresProcessing the Visa for fiancee from China
Prepare to spend about 9 months for the process, give or take. Although I say this not knowing anything about your case. If your case is more complicated or if you run into any issues (criminal convictions, filed other K-1 petitions in the past, etc) it could take a bit longer. For normal cases, plan on 9 months. Have a look at the timelines and search for other people that are going through the China consulate. This will give you a good idea about how long each step will be.

I wish you good luck!

Edited by heathius, 25 November 2006 - 06:43 AM.

heathiusNot TellingGermany2006-11-25 06:42:00
K-1 Fiance(e) Visa Process & ProceduresP3 from China received today/tomorrow
Excellent news!! Congrats on that milestone!

To the second poster... It arrives by standard EMS.
heathiusNot TellingGermany2007-02-21 06:51:00
K-1 Fiance(e) Visa Process & ProceduresGot Her Pregnat
About the only thing they will do to help is to delay your K-1 interview if you can prove that your fiance can't fly due to the pregnancy. I use the word "delay", because they will not reschedule it earlier due to pregnancy. I haven't heard of anyone getting anything scheduled earlier due to pregnancy.
heathiusNot TellingGermany2007-04-26 12:41:00
K-1 Fiance(e) Visa Process & ProceduresBest step to get married to a German native?

You are better off either getting married in Germany and then applying for a K3, or getting engaged and applying for K1 which will allow him to come to the US for the purpose of getting married (then you apply for a green card after that).

Many people from Europe get married in the US when visiting on the Visa Waiver Program (Germans don't need a tourist visa to visit the US), and many of them get a green card without a problem. But, technically you aren't supposed to do that, and it can lead to trouble. To eliminate that risk you are better off trying for K1 or K3.


If there is no intent to marry upon his last entry to the US, there is nothing wrong with getting married here and adjusting. Not even "technically." If there was something wrong with it, those people would not receive their green cards - that many people don't just slip through the cracks, it's written into immigration law that it is an acceptable way of adjusting status.

To the OP - if he wasn't planning on marrying you upon his last entry, you can get married here and file to adjust status that way. Any visa overstay or illegal work will be forgiven at AOS (which may or may not be relevant to you - I'm confused because you say he's on a tourist visa but tourist visas have no authorization to work so he is either working illegally or on a different visa).

Many people have successfully adjusted this way, and quite a few people stuck in the K1 or K3 process will say that they wish they'd married and did it that way when they had the chance. With either of those, it can be a lot of waiting.

Now, if he/you want to marry in his native country (and have that be the "real" legally binding ceremony, the K3 or CR-1 will be your best option. CR-1 makes the immigrant a permanent resident upon entry, with the K3 you then have to adjust status after entering the US.


This is true, but you have to be ready to show that was no intent. As long as you feel that you can produce enough evidence to show that there was no intent, then go ahead and get married and file for AOS. Otherwise you will need to do a K1 or K3 if you don't want to take that risk.
heathiusNot TellingGermany2007-05-06 21:32:00
K-1 Fiance(e) Visa Process & ProceduresBest step to get married to a German native?
You are better off either getting married in Germany and then applying for a K3, or getting engaged and applying for K1 which will allow him to come to the US for the purpose of getting married (then you apply for a green card after that).

Many people from Europe get married in the US when visiting on the Visa Waiver Program (Germans don't need a tourist visa to visit the US), and many of them get a green card without a problem. But, technically you aren't supposed to do that, and it can lead to trouble. To eliminate that risk you are better off trying for K1 or K3.
heathiusNot TellingGermany2007-05-06 19:07:00
K-1 Fiance(e) Visa Process & ProceduresFianceé works abroad in Singapore, ok to file for interview there?
It is fine as long as she is there legally with the correct visas. My wife and I were living together in China during our K-1 process, and we filed from China. We had our interview in China as well.

Just some advice from our experience.... Be prepared to provide police reports, etc for her time in Singapore as they will be needed for the K-1. I don't know how difficult the process of obtaining stuff like police reports is in Singapore, but it was pretty difficult to obtain for a foreigner when we lived in China. Start looking into things like that early on so that it isn't a huge nightmare when you need it for the K-1.
heathiusNot TellingGermany2007-05-21 11:29:00
K-1 Fiance(e) Visa Process & ProceduresPrevious Denials

If there's a space on a form that asks "where else have you applied for a visa and what was their response," then you answer that question.

If they don't ask, where you do think one should give that information? And why? Include a cover sheet "just so you know, i was also denied here and here and here, but if you think it looks bad let me explain why it doesn't."

THAT would be a red flag to me.

Don't Answer Questions That Are Not Asked.

If I'm forgetting where such a question is asked, then by all means, answer with the relevant information.


But as I recall, there are some forms that ask "have you ever been denied a visa to the US?". Maybe I'm wrong, I can't quite remember.
heathiusNot TellingGermany2007-05-23 11:17:00
K-1 Fiance(e) Visa Process & ProceduresPrevious Denials
I would have to side with Yodrak on this one. Nigeria is one of the toughest places for visas, so have your ducks in an overly neat row before get started. Although others have said that previous visa attempts are not taken into account, I think your case could come into question based upon the circumstances surrounding the denials. Since he obviousely tried to enter the country twice on a student visa for a primary purpose other than studying (to see you), this could raise some flags. It wouldn't surprise me if they tag him as someone who is fishing for a visa.
heathiusNot TellingGermany2007-05-22 16:37:00
K-1 Fiance(e) Visa Process & ProceduresI need help...
Even if they activate the VWP in Bulgaria, and even if you are somehow able to make it on a plane to the US under the VWP (which would require an amazing amount of error by both the Bulgarian and US border officers and passport control), how does that solve your problem? You would then be in the US illegally again against a 10 year ban, with no intention to leave. Even if you then file for AOS, that will be denied and DHS may then try to find you for deportation (which could result in something worse than the 10 year ban).

Notice I'm using a lot of "even ifs" here. Do you see where we are all going with this? No offense, but you have to take responsibility for the consequences of entering a country illegally, especially if you don't admit the error right away and file a waiver as an offer for forgiveness. File the waiver if it is not too late, otherwise your SO should start preparing for a move.
heathiusNot TellingGermany2007-05-21 12:14:00
K-1 Fiance(e) Visa Process & ProceduresCan I live outside of the US and still apply for a K1?
My fiancee is German and we live together in China, so our case may be even more gonzo than yours.

You can easily file your K-1 while you are living in another country, but there are some stipulations:

1.) You will need to have a mailing address in the US. Your parent's address will work just fine.

2.) You cannot permantly move back to the US during the K-1 process. You must maintain an address in Sweden, and plan to be in Sweden for the consular processing.

3.) As others have said, the purpose of the K-1 is to bring your fiance to the US for the purpose of marriage and possible immigration. If he plans on getting a green card/residency once you're are married, you will need to file immediately and spend at least 6 months per year in the US until the green card/residency is issued.

I understand that you want to live in Sweden, but you also have to think about the future a bit while doing this process. By getting married and then forfeiting the chance to get a green card/residency, you are hurting your chances of getting these items in the future should you need them for any reason. That would mean that your then husband could only enter the US as a visitor.

I would suggest pursuing a DCF. Another option would be just to get married in Sweden, and then if you decide to leave Sweden later on, you can apply for the K-3 visa. But even on K-3, the purpose is for your husband to gain residency. If you don't want to stay long enough to gain residency, then the K-3 is also not going to work for you.

Edited by heathius, 27 September 2006 - 09:33 PM.

heathiusNot TellingGermany2006-09-27 21:31:00
IMBRA Special TopicsCalling July IMBRA RFE's that are NOT approved yet
NOA1 is March 14 and IMBRA RFE response recieved by CSC on July 21. Did not meet through an agency, and no prior convictions (at least not yet, but this process is slowly driving me insane, so who knows).

NOA2 should be soon, be we all know what happens when we try to predict what going to happen in a government operation.
heathiusNot TellingGermany2006-08-03 22:48:00
IMBRA Special TopicsAny CSC filers with IMBRA RFE received in July that are still waiting for a NOA2?
Filed on March 14, IMBRA RFE received July 21. Still waiting....

I am living in China with my German fiancee (long story). Hoping to move back to the US in January, but it looks like that plan is dead. I am supposed to be transferring my job back to the US, but my company is starting to get nervous with all of these delays.

If my company decides not to continue my job in the US because of these delays, I am going to sue the USCIS for lost wages. As our immortal member Ric Flair would say.......Wooooooooo!

Edited by heathius, 17 August 2006 - 03:19 PM.

heathiusNot TellingGermany2006-08-17 15:16:00
ChinaFrom Nanning, Guangxi, China to the United States
Booking from China is the cheapest. Chinese travel agents can help. I also recommend this site:

www.elong.net

In the lower right part of the e-long home page, there is a section for specials. They have international specials on many airlines. For e-long, you book online and they will deliver the tickets to your fiancee's house in Nanning (cash on delivery).

You will probably get cheaper fares by flying out of mainland China instead of Hong Kong. I would suggest looking into Air China/United, or Northwest Airlines. Northwest often has sale fares from Guangzhou to Detroit (stopping in Tokyo). United has flights from Shanghai and Beijing to Chicago. (Assuming you still live in Michigan).
heathiusNot TellingGermany2006-08-04 04:03:00
National Visa Center (Dept of State)Time Line from after final approval to nvc
We got approved on 8/22, and NVC received our case on 9/8. I called them on 9/11 and they gave me the new case number.
heathiusNot TellingGermany2006-09-13 01:25:00
National Visa Center (Dept of State)NVC
The website status will not change, and it will not show NVC activity.

Here is what you can do:
A couple of weeks after your NOA2 date, call the NVC at 603 334-0700. The NVC will tell you whether or not they have received your case. If they have receieved it, they will be able to tell you the receipt date and your new case number over the phone.

Once the NVC completes it's processing, you will receive an official notice in the mail from the NVC. This notice confirms that your case is leaving the US bound for Morocco.

Our case took about 2 weeks to get from the USCIS to the NVC. It then took about 1 week for NVC to finish processing. Times can vary, but it usually doesn't take long to go through NVC.

Read this website for more info about the NVC:
http://travel.state....types_1309.html

Just to be more clear.... You will not receive a written notice when the NVC receives your case. You will only receive a written notice when it leaves the NVC. So, you will have to call the NVC to find out if they received your case.

Edited by heathius, 29 September 2006 - 12:55 AM.

heathiusNot TellingGermany2006-09-29 00:51:00
National Visa Center (Dept of State)What's going on at NVC!?
Derek & Yun are right. It is mostly luck. Our case took two weeks to get to NVC, and we were approved nearly a month after them. We are also going through the Guangzhou consulate.

People from all different countries have reported varied times from SC to NVC, so I don't think that it has anything to do with country. We can only speculate what is causing the delay. But since there is no official reason, us filers have to chalk it up as luck.

Edited by heathius, 18 September 2006 - 11:03 PM.

heathiusNot TellingGermany2006-09-18 23:01:00
US Embassy and Consulate DiscussionCompiling Tax returns, Scared I will be rejected
As kitkat said, you don't supply your tax, income, or support information at the time of filing. You will need to supply that information at the consular interview, which is the last step before getting the visa.

That gives you a fair bit of time to gather this information and figure out what you are going to do in those regards. Right now, my advice would be not to worry about it at this point. Go ahead and get your I-129F filed and get that started before worrying about all of this other stuff.

From your description, I think you could probably provide enough evidence of acceptable income. Do you have any good friends that can back you up as a sponsor just in case? I don't think there are any rules that say it has to be a family member.
heathiusNot TellingGermany2006-08-31 21:32:00
US Embassy and Consulate DiscussionPassport expiring during the K-1 process

If it's not at the consulate yet, why would you have inform them of the change?
I don't remember having to mention my passport number at all so far.... I know I'll have to once the case reaches the consulate, but that hasn't happened yet. So why would they need to be informed of that change? Maybe I'm missing something but as far as I can tell, she can renew it and have it ready by the time she gets Packet 3.
Please someone correct me if I'm wrong.
Good luck!!



It can take up to 6 weeks for the new passport to be issued, so that is why the packet 3 and consulate come into play. If we could get the new passport in one day, it would be less of an issue.
heathiusNot TellingGermany2006-09-13 01:29:00
US Embassy and Consulate DiscussionPassport expiring during the K-1 process
Don't know if this has been covered before....

My fiancee's passport is set to expire in April 2007. We were expecting the K-1 process to be finished soon, but the IMBRA delay has put us in a situation where her passport will expire sometime around the consular interview or entry into the US. We don't want to cut it that close.

We contacted the German embassy and found that they cannot renew the same passport number. They must issue a new passport number. So, we really need to renew her passport now to avoid trouble early next year.

Our case is currently with NVC and will soon be passed to the Guangzhou consulate. Once we get the new passport, how do we get the passport number officially changed in the K-1 process?? Is it as easy as calling the consulate, or is there paperwork involved? Is there any advantage to changing it before packet 3?

When you need answers, ask the VJ experts! :thumbs:

Edited by heathius, 13 September 2006 - 01:17 AM.

heathiusNot TellingGermany2006-09-13 01:13:00
US Embassy and Consulate DiscussionSelf-employed - created brand new company
I would plan on having a co-sponsor unless you start generating a profit before the later stages of your K-1 process, and you are able to show that profit on your tax records. Your portion of the profit would need to be big enough to satisfy the minimum income requirement for sponsorship.

Edited by heathius, 12 September 2006 - 09:48 PM.

heathiusNot TellingGermany2006-09-12 21:46:00
US Embassy and Consulate DiscussionK1 Visa Received
Wonderful news! Congratulations!!
heathiusNot TellingGermany2006-09-17 21:11:00