Forum	Title	Content	Member	Sex	Country	Date/Time
K-1 Fiance(e) Visa Process & Procedures	Will it be an issue if my fiancé buys a two-way ticket?	CANCEL THE RETURN TICKET AFTER ARRIVING IN THE US!!! Do I have your attention? Good. Now read this thread and you'll understand why: http://www.visajourn...usband-his-aos/ Then read this thread: http://www.visajourn...naccurate-info/ Airlines DO make mistakes, and it's your butt on the line when they do. Don't risk it. Cancel the return ticket.	JimVaPhuong	Male	Vietnam	2011-08-25 23:30:00
K-1 Fiance(e) Visa Process & Procedures	Lifetime Ban From Entering the U.S.?	Hello, I read a post here that admitting to prior drug use during the medical exam would result in a lifetime ban from being able to enter the U.S., with no waiver or forgiveness considered. In my opinion that is cruel and heartless beurocratic stupidity. To keep two people who just want to love each other, apart, because of that, is cruel. Hollywood stars, rock stars and athletes are treated as if daily drug use is perfectly okay, welcomed and acceptable; illegal aliens sell drugs and are violent... My question is, what else can result in a lifetime ban that we need to be aware of? Parking tickets? Spitting on the sidewalk. Refusing to bow to a Government God beaurocrat? Seriously, anyone have a list? It doesn't hurt to warn the fiancee of all beaurcratic traps at the interview that could destroy her greatest dream and mine. notmuch88tosay You're misinterpreting the law. It doesn't say that they will be banned. It says they are inadmissible. The US government doesn't want aliens with a history of certain crimes coming to the US. Most countries have similar laws. Some inadmissibilities can be be waived if it poses a hardship to a US citizen or LPR. Some automatically expire. Some cannot be waived and never expire. There's a list of most inadmissibilities in INA section 212(a). Waivers are described in section 212(h). http://www.uscis.gov...190aRCRD&CH=act	JimVaPhuong	Male	Vietnam	2011-08-26 14:17:00
K-1 Fiance(e) Visa Process & Procedures	K-2 Follow To Join	When did EAD and AP get merged onto one card? In February of this year. http://www.uscis.gov...00045f3d6a1RCRD Either can still be issued separately, but if they are applied for at the same time during AOS then one card is issued that serves as both.	JimVaPhuong	Male	Vietnam	2011-08-27 01:19:00
K-1 Fiance(e) Visa Process & Procedures	K-2 Follow To Join	If my kids will follow to join, 1. Do I have to pay for their visa fees already together with mine? No. 2. If no, when are they going to pay their visa fees ? When they apply for their visas. 3. If yes, will I have to already bring them with me during my interview at US Embassy? They don't have to go to the embassy until they have their own visa interview. 4. Just in case, I left them for a while, can I go back to the Philippines within 6 months so I could bring them with me? Am I allowed to travel back here, just in case my AOS is not complete yet? You have to get married first, and then apply for AOS, advance parole, and employment authorization. The advance parole and employment authorization are issued at the same time and on the same card, usually within a couple of months after you send the application. You can use that card to reenter the US with your passport. If you are scheduled for an AOS interview then you must return in time for the interview. Edited by JimVaPhuong, 26 August 2011 - 08:37 PM.	JimVaPhuong	Male	Vietnam	2011-08-26 20:36:00
K-1 Fiance(e) Visa Process & Procedures	Will positive Hepatitis B make ith through?	Not neccesarely, my fiance worked in a hospital years ago and he got hepatitis B vaccination, the level was low and it came back positive but negative for infection, the doctor asked him if he had been inoculated and he said yes, and explained, the Dr. said it was the reason why the results came back like that, but he has not the disease. I think she would have to set an appointment and ask the doctor to explain the results or call to the laboratory n read the results, I don´t know if Hepatitis B is included in the list but what I know about that regretably is that if you are infected it has treatement but not cure A similar case was reported at a hospital in Toronto. In a follow-up study they determined that about 50% of recently vaccinated patients gave a false positive when tested for surface antigens. Examination in their microbiology lab revealed that all patients with a positive surface antigen test converted to negative within two weeks. A modern hepatitis B test may include surface antigens (a sign of recent infection), surface antibodies (a sign of the body recently fighting off an infection), e-antigens (a sign of active virus infection), and HBV DNA (a sign that genetic material from the virus is present). The presence of surface antigens and/or e-antigens indicate an active infection. Your fiance's hospital may have been testing only for HBV antibodies. Testing only for HBV antibodies wouldn't be of much use in determining an active infection. Anyone with prior exposure or a vaccination would give a false positive.	JimVaPhuong	Male	Vietnam	2011-08-25 00:20:00
K-1 Fiance(e) Visa Process & Procedures	Will positive Hepatitis B make ith through?	If he was vaccinated for hepatitis B it can come back positive result but negative for infection because he/she has been exposed. Only if the vaccination was given within the previous two weeks. Positive antigens all convert to negative within that time.	JimVaPhuong	Male	Vietnam	2011-08-24 23:51:00
K-1 Fiance(e) Visa Process & Procedures	In a nut shell, what are the pros & cons between K-1 & CR-1?	We chose the K1 for three reasons: Getting married in Vietnam would have been difficult. There are bureaucratic hurdles for a foreigner to marry a VN national that take several weeks to accomplish. If you're not willing to pay "extra" (i.e., bribes) then it can take a couple of months. There's a psych eval for the foreigner that I might fail because I take meds for anxiety. There's an interview where a VN government official can require the VN national to prove they are fluent in the foreigner's native language, even if the foreigner is fluent in Vietnamese. My wife's English skills were rough. Whether we could have gotten through it depends on how strict they wanted to be. The K1 visa allows for derivative children to receive a visa until they're 21 years old. A CR1 doesn't allow for derivatives, but you can file separate CR2 petitions for the children provided the USC and foreign spouse were married before the children were 18. My wife has a son who was 19 and a daughter who was nearly 18 that she wanted to bring with her. This would have been impossible if we'd married first. The K1 allows for a backup plan. The denial rate in Vietnam is fairly high. If a K1 visa is denied at the consulate then the petitioner and beneficiary can go ahead and get married and then petition for a CR1. They don't have to wait for a decision on the returned K1 petition, though they do have to deal with a NOIR if they get one. The CR1 doesn't allow for a backup plan. If the visa is denied and the petition is returned then you have to wait for a decision on the returned petition - you can't file another petition unless the first petition has been closed.	JimVaPhuong	Male	Vietnam	2011-08-29 08:09:00
K-1 Fiance(e) Visa Process & Procedures	Problems at airport	All airlines will attempt to clear a passenger through to their final destination when they issue their boarding passes. Otherwise, the airline is stuck with carrying the passenger back to their point of departure. It sounds like the airline employee in Dubai had trouble clearing him for the last leg of his journey from Hong Kong to the US. If it's a "name hit" then they can usually sort that out at the airport by contacting TSA in the US. There are more than 80,000 names on the TSA "no fly list", and many many people who share the same names as people on the list. Those people manage to travel, albeit with some delays because they get a "name hit" every time they travel to or from the US. TSA has details about the people on the "no fly list" beyond simply their names. They have photos, height, weight, body proportions, dimensions of their facial characteristics (distance between their eyes, nose, and mouth, for example), color details about their hair, eyes, and skin. In many cases they even have statistics on how they walk. In most cases, they can confirm or eliminate someone with a computer analysis of their picture. A friend of mine was held up at San Francisco International because of a TSA "name hit". He was right in front of me at the baggage check line. He got to the gate about 15 minutes after I did. He said they just took his picture and he waited until they told him he was cleared. Don't worry about it. There's a good chance it won't be a problem at all. If it does cause a problem then it shouldn't be more than a little delay while they confirm his identity.	JimVaPhuong	Male	Vietnam	2011-08-24 23:41:00
K-1 Fiance(e) Visa Process & Procedures	Affidavit of Support	Hey VJers, I thought there was a forum for Affidavit of Support questions but I couldn't find it, anywho, I have 2 people that said they would be willing to sponsor, both are just barely over the 125% poverty line can I add both of them to the I-864 for added security? Also one of them filed for bankruptcy in the past but it has been cleared up will that effect anything? One last question, how far over the poverty line do you have to be, my friend made just a couple hundred over the 2 person 125% line will that still be okay and it was only this past year, how many past tax returns do they usually require? Thanks, Brandon & Renata There are only two cases where more than one joint sponsor is allowed. If the joint sponsors live with each other as qualifying household members, or one is a dependent of the other for tax purposes, then the sponsor can sign an I-864 and the household member or dependent can sign an I-864A to combine their income with the sponsor. The second case is if there are multiple immigrants being sponsored, in which case two joint sponsors can be used and they can split the immigrants between them, one joint sponsor sponsoring some of the immigrants and the other sponsoring the rest. If neither of the above scenarios apply then you have to pick only one joint sponsor. The law requires three tax returns or transcripts with an I-864 (INA section 213A), but the law also gives DHS or DoS the discretion to accept only one. As a matter of policy, both DHS and DoS will usually accept only one tax return or transcript if it shows clearly sufficient income, and income for previous years indicate a good likelihood that their income will continue to be sufficient. A bankruptcy is usually not a problem, as long as they don't also have a tax lien. A sponsor who is very close to the threshold, and who did not meet the threshold in previous years, might not convince the CO that they will capable of meeting the "public charge" requirement. They will consider the likelihood that the sponsor's income will continue to qualify for the foreseeable future.	JimVaPhuong	Male	Vietnam	2011-08-31 10:46:00
K-1 Fiance(e) Visa Process & Procedures	Online status is now RFE... can I find out before I get letter?	Okay, I hope that's all it is. Although I just saw another post about them not believing someone's ex wife was really not living with them. Now I'm worried... my ex wife never left a forwarding address because she decided to disappear and not be found. So, post office still thinks she lives here. I hope they don't check post office records. First, that other post was about an issue that came up at the visa interview - NOT at the petition stage with USCIS. They don't give a damn who you're living with, or who any public records indicate you're living with. Second, that other member was dealing with the US consulate in Cambodia - far far different from the consulate in Manila. Relax. 99% of RFE's are for something relatively simple to get or fix.	JimVaPhuong	Male	Vietnam	2011-08-30 21:58:00
K-1 Fiance(e) Visa Process & Procedures	I-864	GOOD MORNING EVERYONE I HAD A QUETION ON PART 1 WOULD I CHECK BOX E THAT SAYS I AM THE FIRST JOINT SPONSER BECAUSE MY SISTER WILL BE SPONCERING ALSO TO PLEASE AND ALSO ON PART 3 IT ASK ME TO CHECK BOX YES OR NO NOT SURE ON THATONE EITHER SOMEONE PLEASE HELP Does your consulate require an I-864 for K1 visa applications? Most require an I-134. Are you the petitioner? If so then you check box "a" in part 1. The boxes on line "e" are only for cases where there are multiple immigrants, and the petitioner has lined up two joint sponsors, and one joint sponsor is sponsoring some of the immigrants and the other joint sponsor is sponsoring the rest of them. The joint sponsor who is sponsoring the principal immigrant is the "first" joint sponsor, and the other joint sponsor is the "second" joint sponsor. If you are the petitioner then you check "Yes", you are sponsoring the principal immigrant.	JimVaPhuong	Male	Vietnam	2011-08-31 10:32:00
K-1 Fiance(e) Visa Process & Procedures	K1 dependent child does not want to move	If she doesn't want to go then so be it - she doesn't have to go. You haven't petitioned for the daughter, and she hasn't applied for anything yet, so there's nobody you have to notify of anything. Listing the child on the I-129F is required, and it makes them eligible for a derivative visa, but it doesn't obligate them to apply for a visa. As previously mentioned, you can't petition for the daughter because the marriage will occur after she's 18. She'll have a one year window to apply for a K2 visa as a derivative of her mom's petition. If she chooses not to take advantage of that then she's going to be waiting years to come to the US. If she doesn't want to come now or later then nothing is lost.	JimVaPhuong	Male	Vietnam	2011-08-31 22:07:00
K-1 Fiance(e) Visa Process & Procedures	X-rays at POE?	I have never heard of a CBP officer asking to see the x-rays at the POE. Never. You should keep them anyway. They might come in handy if you end up seeing a civil surgeon for the I-693, and if the civil surgeon insists on a TB skin test, and if the test ends up being borderline positive. This happened to my step-son. The civil surgeon reviewed the x-rays he had taken at Cho Ray hospital in Vietnam and concluded he had a small scar from a previous infection, but was clear now.	JimVaPhuong	Male	Vietnam	2011-08-31 10:50:00
K-1 Fiance(e) Visa Process & Procedures	I-129f being completed on behalf of petitioner on army deployment??	Im very new at this so i dont really know some of the terminology just yet... whats a 'jag'? If he calls the military helpline im hoping they can shine more light on the best way for us to go, his Mother has power of attorney and she asked whether this meant she could sign on his behalf? I just hate that there is going to be more delay the longer we have to wait JAG = Judge Advocate General. It's the legal section of each branch of the military. Nobody can sign the I-129F on his behalf. The petition requires specific intent from the petitioner. An attorney could not sign it for you, and neither could someone with a Power Of Attorney document.	JimVaPhuong	Male	Vietnam	2011-09-01 11:54:00
K-1 Fiance(e) Visa Process & Procedures	Question: I got my visa	the packet that one corner cut off exposing the papers. now im not trying to open it but that's correct right i only removed my passport as the document said. Yes, one corner of the sealed envelope is usually clipped off. This is normal.	JimVaPhuong	Male	Vietnam	2011-09-02 11:38:00
K-1 Fiance(e) Visa Process & Procedures	No free passport pages for K1?	One is required for your visa, however, as a general rule you should never travel with a passport without empty pages (some countries like a blank page for their stamp). As you have 2 in succession you should be okay, but I would call the embassy just to make sure. Not sure if you will find this link helpful http://www.lonelypla...hreadID=1861812 Im and ex-flight attendant and had to renew my passport a few times due to this even though I still had years left on it. I would just call to make sure...better safe then delayed. Good luck! Agreed. Most of the US visas I've seen in passports are placed on a right-side page with a blank left-side page facing it. CBP often staples the I-94 to the blank facing page so that it doesn't obscure the visa.	JimVaPhuong	Male	Vietnam	2011-09-02 11:42:00
K-1 Fiance(e) Visa Process & Procedures	Got RFE for "divorce decree" but I already included it	That is exactly the document that I got. It costs $20. My lawyer told me this is the one to get, and there is no other I can get. I can include the original documents that we created for the hearing, but they don't really prove anything other than what it is we were agreeing to WRT property. No, what you got was an affirmation from the county registrar that a divorce was granted. (Sorry, I said court clerk in my previous post.) The county registrar doesn't grant divorces. The certificate from the county registrar just confirms that a divorce decree exists. They want a copy of the document signed by the judge that declares your divorce final, and spells out the terms of the divorce. Edited by JimVaPhuong, 01 September 2011 - 11:34 AM.	JimVaPhuong	Male	Vietnam	2011-09-01 11:34:00
K-1 Fiance(e) Visa Process & Procedures	Got RFE for "divorce decree" but I already included it	And the exact text is "You did not submit sufficient evidence to establish a final (absolute) divorce decree. Therefore, additional evidence is needed. Submit proof of the legal termination of the marriage of <blank> and <blank>. Such proof would normally be a final (absolute) divorce decree, death certificate, annulment, etc. In order for the legal termination of a marriage to be considered valid for immigration purposes, it must have been registered with a civil authority. Note: A Divorce Nisi is not considered to be evidence of a final divorce." I don't know what a "Divorce Nisi" is, nor does it say that on my divorce decree. Mine is a one page document that says "Certificate of Divorce Absolute Under G.L. c 208, 1A", has docket number, Commonwealth of Massachusetts Probate and Family Court (the one in Cambridge)... later on says "I further certify that on <date> ninety days having expired since the entry of the divorce nisi and the Court not h aving otherwise ordered, said Judgment of Divorce became Absolute." It is signed and has a big fancy stamp on it. What am I supposed to do??????? A "divorce nisi" means a divorce which is pending the completion of some condition. In your case, the condition was the expiration of 90 days. What you submitted was the declaration by the court clerk that the divorce had been granted because the 90 day period had expired. Somebody might accept this if they needed proof you were divorced, but didn't need to know the details of the divorce settlement. For example, maybe your company's HR department would accept this to get your wife taken off your benefits. The divorce decree would be a copy of the petition and terms of the divorce, along with a judgement of final dissolution by the family court judge. My understanding is that in Massachusetts you have to order these by mail, and they cost $20 plus $1 for every page after the first one.	JimVaPhuong	Male	Vietnam	2011-09-01 11:06:00
K-1 Fiance(e) Visa Process & Procedures	DS156	My fiancee obtained a B2 VISA. She had a round trip ticket. It was determined that she was an intended immigrant without an immigrant visa. She was given permission to withdraw her application for admission and her visa was canceled. Her passport was stamped "Revoked". We have the approval for the K1 Petition. Now it is time for her interview at the Embassy. We want to make sure we answer Question 38 correctly on the DS156. Should we mark "Yes" to "Have you ever been refused admission to the U.S., etc."? Also, should we mark "Yes" to "Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from the U.S."? Also, how will marking "Yes" affect getting a K1 Visa? Yes, she was refused admission. This particular incident was not a violation of the terms of her visa. She was permitted to withdraw her application for admission, and her visa was revoked at the discretion of the immigration officer. It would be different if she'd been subjected to expedited removal.	JimVaPhuong	Male	Vietnam	2011-06-22 10:17:00
K-1 Fiance(e) Visa Process & Procedures	K2 Visa Question	My Fiance has 2 daughters ages 9 and 16. Does anyone know if they will have to be interviewed as well as my Fiance. The 16 year old will probably have to attend the interview. The 9 year old probably not.	JimVaPhuong	Male	Vietnam	2011-09-03 11:32:00
K-1 Fiance(e) Visa Process & Procedures	Moving along K1 process.	The address you put on the letter is irrelevant. It's considered a courtesy when you write a business style letter to include the recipients name and address in the header. It would be sufficient to just put "USCIS" or "United States Embassy/Consulate" without any street address. In fact, it wouldn't matter if you addressed the letter to Mickey Mouse on the planet Mars. The only thing that matters is the original statement of intent and the signature - this is what the I-129F instructions ask for.	JimVaPhuong	Male	Vietnam	2011-08-31 21:42:00
K-1 Fiance(e) Visa Process & Procedures	125% above poverty level	it is based off your gross annual income Not necessarily. The standard yardstick is described in the I-864 instructions. They use total income if you filed a 1040 or 1040A, and adjusted gross income if you filed a 1040EZ. For many people, their 1040 total income is the same as their gross income. For some, like those with self-employment income, their total income is substantially less than than their gross income. There's a short list of deductions you can take before you calculate your total income on your tax return, including allowable business expenses. A consular officer will use their discretion if your most recent income tax return shows insufficient income, and you're trying to use current income to qualify. For instance, if you give them pay stubs that appear to show an annualized income that's close to the threshold then they may conclude that your income is insufficient, and either tell you to get a joint sponsor or deny the visa on the "public charge" determination. They can do the same if your pay seems to fluctuate from one pay check to another. They're even more scrupulous if you're self-employed and trying to qualify on current income. It's very difficult for them to know how much of your current annualized gross revenues is going to end up on line 22 of your tax return.	JimVaPhuong	Male	Vietnam	2011-09-05 22:14:00
K-1 Fiance(e) Visa Process & Procedures	Service Request Response =**((	I called the NSCS as I am already on the 5 months mark , I placed a service request, and this is what they answered... Type of service requested: -- Outside Normal Processing Times The status of this service request is: The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required security checks remain pending. Until the security checks have been completed, we cannot move forward on your case. These security checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the security checks are complete. If you do not receive a decision or other notice of action from us within 6 months of this letter, please contact us by calling our customer service number provided below. The really got to be kidding me, is like my file has been collecting dust all this time on someones desk, so frustrating. And now what?? =(. The funny thing is that I obtain my citizenship last year, how difficult is to run a back ground check on info that should be fresh in their system. After your file was received it was quickly reviewed for completeness, your check was cashed, and your file went into a box which was then forwarded to a USCIS service center. There it waited for several months until that particular box moved to the head of the line, at which time an adjudicator pulled the box from the shelf and started working on the files inside. When they got to yours they ran a security check and something apparently came up that required further checks. Collecting dust? Yes, that's exactly what your file has been doing. It wasn't your turn yet. In all likelihood it's not USCIS' system that's causing the delay, but the system at the FBI or CIA or NSA or some other three letter US government security agency. The security hit could have been about you or your fiancee, or maybe it isn't about either of you but just someone with a similar name or other biological data. Not much you can do other than wait until they've cleared both of you.	JimVaPhuong	Male	Vietnam	2011-09-06 21:32:00
K-1 Fiance(e) Visa Process & Procedures	I have a Question !!! about the K1	I was sharing life with my fiance for several months ( in fact I spent last two years in Venezuela , living there) , I got an offer for a job in Miami and I took it ! Came back to the US in april, so I decide to start the K1 visa application ( Sended it may 12, got NO1 may 18) , Can anybody tell me if maybe getting married in Venezuela and applying for I130, could be a better option, so now I have been waiting several months here and this is driving me crazy! Does anybody have an answer for me? Do you believe that I'll have any kind of problem with my actual application? , so I have proof of everything !!! and really I'm missing her a lot ! God ! Do you think that I can do anything to expedite my process ? thanks a lot! If you want to expedite the process then the last thing you want to do is get married now. You'd have to withdraw the fiancee visa petition and refile a spousal visa petition, which means starting over. The spousal visa process is no faster than the fiancee visa, and often is a little longer.	JimVaPhuong	Male	Vietnam	2011-08-13 11:22:00
K-1 Fiance(e) Visa Process & Procedures	Receipt # on NOA1 & USCIS website	The problem is that there are two different computer databases involved here. The Customer Relations Interface System (CRIS) is the system you use to check your case status online. The Computer Linked Account Information System (CLAIMS) is a network of database servers that contain actual case data. The CLAIMS 3 system contains the data for all cases except refugee, asylum, and naturalization. The CLAIMS 4 system contains naturalization cases. When you enter a case number into the CRIS system you are not accessing the actual USCIS records for your case. You are accessing a simplified database that contains only case numbers and status codes, in addition to basic information you provide when you create an account. The status codes in the CRIS system are supposed to be updated daily by an update transmission from the CLAIMS servers, but the scripts are not perfect. The data in the CRIS database is often wrong. If a USCIS employee sees a discrepancy then they are supposed to be correct it, but they don't always do that. USCIS customer service representatives have access to both CRIS and CLAIMS, but they often refer first to the CRIS system because it's simpler to navigate. If you believe the information you're seeing online is not correct, and you call USCIS customer service and they regurgitate what you're seeing online, press them to check the CLAIMS system and verify that the CRIS status is correct.	JimVaPhuong	Male	Vietnam	2011-01-10 00:18:00
K-1 Fiance(e) Visa Process & Procedures	K-1 VISA denied.. Next steps??	I just wanted to add that the information in the denial letter that you will be able to appeal is misleading, and generally not true. You will not be given an opportunity to appeal the denial of the visa. It's possible the consular officer could change their mind, but extremely unlikely. It's also possible that the visa section chief could reverse the decision of the consular officer or direct them to conduct another interview, but that's also extremely unlikely. When a consular officer concludes that a relationship is a sham, and they deny the visa and return the petition to USCIS, they are always recommending that the approval of the petition be revoked. When they say you will be able to appeal the decision, the decision they're talking about is the decision by USCIS to revoke the approval of the petition - NOT the decision to deny the visa. By law, the consular officer's decision is not subject to review or appeal - it's final. The consular officer cannot actually promise that you'll be able to appeal the decision by USCIS to revoke the approval of the petition. That's up to USCIS. The California Service Center frequently doesn't even readjudicate returned I-129F petitions, and just lets them expire. If they don't take any action to revoke the approval of the petition then there's nothing for you to appeal. You're basically back at square one starting over again. The Vermont Service Center, on the other hand, often does readjudicate returned petitions. If they ultimately decide to reaffirm the approval then the petition will be sent back to the consulate for another interview - you won't have to appeal anything. If they decide to side with the consular officer, and revoke the approval of the petition, then they'll send a Notice Of Intent to Revoke (NOIR) to the petitioner. If you don't respond forcefully to this notice with a truckload of evidence then the petition approval will be revoked, the consular officer's accusations will be recorded as fact, and your fiance will be guilty of immigration fraud. The next time he shows up for a visa interview he'll be denied because of this, and told he needs an I-601 waiver. You can plead with your senator and congressman, or anything you like to do in the meantime. However, if you end up getting a NOIR from USCIS then do not ignore it, even if you've already married your fiance and/or an attorney recommends you ignore it. The NOIR will be your only opportunity to appeal, and if you fail to respond adequately then things will get a whole lot more difficult moving forward.	JimVaPhuong	Male	Vietnam	2011-08-09 00:44:00
K-1 Fiance(e) Visa Process & Procedures	Pls advice is needed urgently	The age difference and the inability to have children (presuming the CO finds out about this) could certainly be a problem. However, I would think the fact that his fiancee is collecting SSI could also be a big problem. SSI is federal welfare, and is a means tested benefit. Unless she's blind, she's getting SSI because she's permanently disabled and didn't pay enough into the system to qualify for Social Security Disability benefits. In other words, his fiancee is already a public charge. On top of this, her joint sponsor is a 19-year old kid with an inheritance. How long does it take a 19-year old kid to burn through a $200K inheritance? I would think one year of mildly opulent living would be enough, followed by another year of liquidating the assets he purchased in the first year. Most young people who receive an inheritance in this range are pretty much back where they started within two years. I think there's a pretty good chance that the CO's at Lagos could just deny for the public charge requirement. If it were me I'd be looking for an older joint sponsor with a more stable income history.	JimVaPhuong	Male	Vietnam	2011-09-08 10:45:00
K-1 Fiance(e) Visa Process & Procedures	K1 VISA DENIED AT US CONSUL IN DOMINICAN REPUBLICK NEED HELP!!	My Timeline - which clearly reflects that I have not been married for 2 years, shows that I filed a K3. Furthermore, NVC are the ones who told me to continue on with the K3 and not wait for the CR1, that they had already sent my file to the embassy. Also.....my Timeline (which is real time) reflects that my process has been very short. I speak from experience, from my particular situation, which is what I clearly stated in my post. I understand that WIKI and all of those resources list information, but realistically, with the changing times and specifics about each individual location, there will be changes and this includes time frames. Again................looking at my timeline would clarify my post and your opinions. The I-129F petition is usually approved at the same time as the I-130. When this happens then NVC will administratively close the I-129F, and proceed with the I-130 and CR1 visa, which means the I-129F was a waste of time. This happens the overwhelming majority of the time, so the advice you were given was accurate. You are a relatively unusual exception. K3's rarely happen anymore. The main point you were advised was wrong was your comment that you have to wait two years for adjustment of status. In reality, you have two years to submit the adjustment of status or the K3 visa will expire. You should submit the adjustment of status as soon as the beneficiary arrives in the US.	JimVaPhuong	Male	Vietnam	2011-09-09 09:51:00
K-1 Fiance(e) Visa Process & Procedures	K1 VISA APPROVED!!!!!!!!!!!!!!		JAPrincess	Female	Jamaica	2011-09-01 17:45:00
K-1 Fiance(e) Visa Process & Procedures	K-1 VISA denied.. Next steps??	If you go through the questions, files/documents, do you see any other things that might have caught their attention and/or raised a red flag- other than the fact both of you having a child from previous relationship? Did the CO give you any other forms? Did the CO tell you to wait on an "appeal" letter? Do what ever you can to make sure your petition don't get send back to the US and do everything in your power in order to appeal and get a second interview. Contact your senator and ask for help, and make sure you meet the requirements on the appeal letter. Also gather more supporting documents as proof of ongoing relationship. Do this all ASAP. Good luck and keep us posted!	JAPrincess	Female	Jamaica	2011-08-08 12:28:00
K-1 Fiance(e) Visa Process & Procedures	K-1 VISA denied.. Next steps??	Thank God you have the ability to appeal! I would surely hire a lawyer if you can, and research everything you can about people in similar circumstances! http://www.pcurtisla...ance-visa-cases I know this is for marriage fraud, but it gives you an idea of what you're up against: http://www.immihelp.com/greencard/***removed***/marriage-based-greencard-fraud-interview.html	JAPrincess	Female	Jamaica	2011-08-08 12:23:00
K-1 Fiance(e) Visa Process & Procedures	K-1 VISA denied.. Next steps??	Unless you are living together in DR then you may have known each other for several months, but that doesn't have an impact on filing a petition very shortly after you have met. You say there are no red flags on your case, but for those types of questions, something set off the alarm for the VO. First thing is you need to sit down and look in fine detail at your case and identify anything and everything that could be an issue in the VO's eyes. Then you can proceed with either trying to file an appeal or with getting married and re-filing a CR-1. The biggest problem is the part where the VO said you gave false evidence. What evidence are they referring to? If they are claiming a material misrepresentation case then you have a much bigger issue than appealing or a new petition. If there was some error on the forms that is one thing, but if something was not included to make your case look better then you are going to run in to a brick wall with any type of appeal or new petition. yep, something set them off... OP, you said: He also has a daughter who is 2yrs and 4 months adn that seemed to set off bells at the interview. and They also crossed off on the sheet they gave us that we provided false evidence Look at the details surrounding his previous relationship with the child's mother in correspondence with your relationship's timeline. Is there anything answered in the original petition that was answered differently in the interview?? Honestly, these consular officers are trained to find the red flags and identify the "bad guys" which there are PLENTY of. Unfortunately that makes it hard for the good ones. Do you have any idea of which evidence they are claiming is false?	JAPrincess	Female	Jamaica	2011-08-08 12:12:00
K-1 Fiance(e) Visa Process & Procedures	K-1 VISA denied.. Next steps??	What is a stoked interview? In Dominican Republic they usually require you to asssit or they will not provide the fiancee with a visa. This was our first interview adn there were no red flags that we knew off.I had previously submitted a petition for a former fiancee but I withdrew it adn I stated that in all the original paperwork. I am 3 years older than him. He also has a daughter who is 2yrs and 4 months adn that seemed to set off bells at the interview. They interrogated us seperately and questioned the the short amoutn of time it took for us to have intercourse and formalize our relationship. I am not sure what other details you would want. I need to know what the best way to proceed is.. I am so sorry! I agree with brokenfamily, plenty of other questions they could have asked!! There was recently a class action suit thrown out that you can read about here: http://www.entrylaw....lassaction.html This is the part that kills me: the Doctrine of Consular Nonreviewability allows the State Department to charge U.S. citizen petitioners with fraud and not give them any opportunity to respond to the allegations. So basically the consular has the final call... they can accuse you of immigration fraud and there is not a damn thing you can do to appeal it!!???	JAPrincess	Female	Jamaica	2011-08-08 12:00:00
K-1 Fiance(e) Visa Process & Procedures	k1 overdue with complications	In order to adjust status based upon a K-1 visa, yes the marriage needs to have taken place within 90 days even if the AOS isn't filed until later - I think up to 2 years later. If they didn't get married within the 90 days or if they got married within the 90 days but didn't file for AOS until more than 2 years later, then they cannot adjust status based upon the K-1. They need a new 'eligibility'. This is provided through filing the I-130 petition for a family member - in this cases, spouse and son. The I-130 basically takes the place of the I-129f. Though I doubt this will more than likely the case for us, this is still good info to know. Thank you	I+H	Female	United Arab Emirates	2011-08-23 22:18:00
K-1 Fiance(e) Visa Process & Procedures	k1 overdue with complications	Since they didn't get married within the 90 days, the K-1 visa option is no longer available to adjust status. But - and this is important - there is another option available. Learn something new everyday. I have seen cases where AOS wasn't filed until months after the 90 days, but in light of your answer I am assuming the marriage must at least take place within the 90 days?	I+H	Female	United Arab Emirates	2011-08-23 21:40:00
K-1 Fiance(e) Visa Process & Procedures	k1 overdue with complications	i have a question. my friend(us citizen) invited his baby mama from another country on k1.she brought his kid with her. she came in novemebr and now it's almost september.and they are still not married.what is going to happen with the baby ( born outside the usa, 10y.o.)?and one more question can they still marry? Since last November 2010? If they got married now, they could try and go ahead and adjust status but since she has been here several months illegally they may deny it. It is the only option to try and obtain legal status at this point. As far as the child, that I am unsure. I would assume though that there must be a way for him to obtain legal status for the child without the child being deported, but how I do not know. I am sure someone else will and hopefully be able to give you clear more step by step advice. Good luck.	I+H	Female	United Arab Emirates	2011-08-23 21:20:00
K-1 Fiance(e) Visa Process & Procedures	help with visa k1	no im from morocco she is visit me in morocco she is american The only reason I ask is that Morocco is a Muslim country right? No hanky panky without marriage right? I am not exactly sure how they would look at it. To me people can do what they want but I don't know what they are gonna say about that. As far as the US is concerned they aren't going to care either way, but the again the consulate is a different story.	I+H	Female	United Arab Emirates	2011-08-24 20:25:00
K-1 Fiance(e) Visa Process & Procedures	help with visa k1	Hello, everybody. I'm new here and I have a question for you guys. My fiancee came to visit me this past April and she was here for 1 month. We want to apply for the K1 visa. We have plenty of proof of the visit, but there is a slight aspect that we are worried about: she is now pregnant. lol We're wondering if anyone has been in this situation before, and is able to help us. I heard Morocco is becoming quite strict with letting people migrate to USA, and we were interested in knowing around how much the entire process would cost. Are there any hidden fees now (like a potential paternity test required) because she is expecting? Any advice would be greatly appreciated. Thank you so much. Well CONGRATULATIONS!!!! I don't think her pregnancy will adversly affect your process. I a little confused though. Are you the USC? Did she come to America to see you?	I+H	Female	United Arab Emirates	2011-08-24 19:18:00
K-1 Fiance(e) Visa Process & Procedures	Is this “Administrative Review” ?	Thanks I appreciate your responce No problem and I truely do hope you hear good news soon. Also you may want to try calling DOS to see if they can offer any insight to what is going on.	I+H	Female	United Arab Emirates	2011-08-24 23:50:00
K-1 Fiance(e) Visa Process & Procedures	Is this “Administrative Review” ?	I am not sure if that would fall under review or processing. I think it would be review though. We were temporarily in administrative processing (1.5 weeks). If all they are going to do is call the other embassy and ask a couple questions it shouldn't take that long. Keep strong and know you were not denied. So have no worries and God willing you will be will your love soon	I+H	Female	United Arab Emirates	2011-08-24 22:14:00