ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresRFE Vermont.... forever?

I seem to be at the end of my wits in here so please, please, please tell me we're not the only one in this but here's our scenario.
I filed for our i-129f on January 2012 and then on May 2012, I got an RFE stating that I missed checking one box, which is weird because I made a copy of the documents I sent and I checked it and I DID check the box in question. Anyway, I completed the RFE and returned back to USCIS, which they posted to having received on the end of May. It's been pending ever since. They initially said they would have an answer by 60 days of which came and go with nothing. I called the 1800-number and got an email stating that they would have an answer by 30 days... of which came again, but alas, nothing. I called the 1800-again and they said they can't do anything since they already processed a request before and suggested I email the Vermont office, which I did... and the officer just told me that they are backlogged and working on i-130 and they have no idea on when they will get back to the RFE. I even emailed the head USCIS, which went back to the same answer from Vermont. I reached out to my congressman, who diligently requested an update on my behalf but *STILL* got the same answer. It's already October and it's been 9 months. Is it just bad luck or what? Any encouragement or tips or anything really would help my sanity right now.

Thank you.


The USCIS website says that VSC is currently working on I-129F case files from the end of February. That doesn't mean that all January cases would have been completed. It only means that the most recent case file any adjudicator worked on was filed in late February.

Only USCIS knows what's really going on with your petition. I doubt they're being truthful about not having time to get back to your RFE. The adjudicator usually keeps the case file when they send an RFE, and they usually work on cases where they've received a response to an RFE before starting any new cases each day. They usually issue a decision within days of receiving an RFE response. It's very unusual for them to receive an RFE response and then not have any information five months later.

What happened to your case file is anybody's guess. The adjudicator might have lost it. USCIS often won't admit this to the petitioner, but they would usually be honest about this to a congressional representative's office.

One possibility is that some adjudicators were told to stop work on certain case files in anticipation of receiving deferred action requests. I know that USCIS publicly states that deferred action requests were not going to affect processing times of other types of petitions, but an IO at the San Francisco field office told me otherwise. She also indicated that she didn't think the processing times on the USCIS website would be updated to reflect the slowdown.

Try your Senator's office next.
JimVaPhuongMaleVietnam2012-09-30 00:43:00
K-1 Fiance(e) Visa Process & ProceduresBrand New - No Proposal, Worried about not meeting financial requirements.
The friend only needs to be 18 or older to sponsor. As long as he's a US citizen or permanent resident who is domiciled in the United States, and he meets the financial requirements, then he can be a sponsor.

No, it will not help if you have a job lined up before you go. You're not authorized to work in the United States yet. If you even mention you have a job lined up then it only opens up possibility for the CO to suspect your motive is more to get a job than to start your married life. Feel free to put out some feelers looking for a potential job, but don't make an issue out of that with the CO. It's not relevant to your case.

It will certainly help you start your life together if you've got some savings. It won't make any difference with the affidavit of support at the consulate, but it may help with the affidavit of support when you apply for your green card.

The CBP officer who screens you for entry will decide what constitutes strong ties. There are no hard and fast rules. What's good enough for one office might be woefully inadequate for another. When you say "living at home" I presume you mean your parent's home. That doesn't help. Everything else you listed is good, though. Bring as much evidence as you can.

A formal proposal is a big cultural deal in some countries, but not in Canada. It shouldn't be an issue.
JimVaPhuongMaleVietnam2012-10-02 01:03:00
K-1 Fiance(e) Visa Process & ProceduresGetting a waiver for filing another K1 petition within 2 years
You can't cancel the visa because you never applied for a visa. Your ex-fiancee did. You CAN withdraw the petition, as long as she never used the visa. Your letter should say you want to withdraw the petition. I'd send a copy to both the consulate and USCIS. Use the consulate's case number with the letter to the consulate, and the USCIS case number with the letter to USCIS.

There is no formal process for requesting a waiver of the multiple filing limitations. You simply include a letter with your petition asking that the multiple filing limitations be waived, and explaining why you think they should be waived in your case. They pretty much always approve those requests unless you have an IMBRA related crime that you're required to disclose with the petition. If you have an IMBRA related crime then they may deny the waiver request.
JimVaPhuongMaleVietnam2012-10-02 01:12:00
K-1 Fiance(e) Visa Process & Proceduresk1 cancellation

okay. thank you. its very heartbreaking because im willing to bring this person in the united States but see he's just not ready


Sounds like he's ready to join his family, but not to get married. You're lucky you found out before you went through the whole process and married him. There are many pitiful stories on VJ from people who weren't so lucky.
JimVaPhuongMaleVietnam2012-10-02 01:06:00
K-1 Fiance(e) Visa Process & Proceduresk1 cancellation

I just field the K1 visa on Sept 25. I havent received the NOA1 yeat.
And I would like to cancel the petition because I just found out that he is not ready for marriage when I asked him over and over.
ANd its not really me that he wants to go to in the US its his family. He is not ready to live with me and he keeps on persisting that he wants me to move to california when I really cannot.





*filed. sorry. mistake


There isn't anything you can do yet because USCIS doesn't even know you've sent them a petition. It's unlikely you're going to be able to stop the petition at the Texas lockbox since it just moves through there briefly. Wait until you get the NOA1 and the online status says it's been sent to the service center. Prepare a letter explaining that you'd like to withdraw the petition. It wouldn't hurt to have your signature on the letter notarized. Send the letter, along with a copy of the NOA1, to the service center.
JimVaPhuongMaleVietnam2012-10-02 00:52:00
K-1 Fiance(e) Visa Process & Procedureswhat a great site??i am in need of some help..
If you'll make at least $18,912 per year, and you don't have any other dependents, then you'll probably be ok.

They do look at prior income. You have to submit a copy of your most recent tax return with the affidavit of support. However, if you can convince them that your current income is enough to qualify then they'll usually accept your affidavit of support. If not then you'll need a joint sponsor. US consulates in some countries don't accept joint sponsors for K1 visas, so it depends on the country your fiance is from.

Time at your current job is considered, especially when your prior income was not sufficient. If you haven't sent in the petition yet then you probably have six to eight months before the visa interview. That should be long enough for them to consider that job to be stable.
JimVaPhuongMaleVietnam2012-10-07 01:57:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of support documents

Hi all,

My fiance is currently working as a teacher in early education, and during the summer off he's receiving unemployment cheques from the school, and he'll resume working with the school once summer is over again. Will it be a problem when we file the Affidavit of support documents? I understand we need 3 recent paystubs for proof of employment, so not sure if the unemployment cheque will cause some problem for us... Anyone in similar situation? Do advise what we should do :( !

Thanks in advance!


It's October. Hasn't he returned to work yet?
JimVaPhuongMaleVietnam2012-10-07 01:59:00
K-1 Fiance(e) Visa Process & ProceduresHow much income needs to be shown on the tax return during affidavit of support process?

Thanks for the replies everyone. I followed the link. I have no dependents. I was actually claimed as a dependent by my mother because I didn't file my taxes for a few years. I am ready to file my back taxes.

For 2009 I only have: $1,166 (I spent most of the time going to different doctor's appointments while in the U.S., and for the rest of the year I was in Japan)
For 2010 I only had: $9,271
For 2011 I had: $23,328

Its too early to file for 2012 (I have my check stubs though), but I will have more than I did for 2011.

Is it looking pretty bad for me and my case?

I may have 1-2 reliable co-sponsors, but I was hoping that it didn't hve to come to that.


I don't think you're required to file a return for 2009. However, you ARE required to file a return for 2010 and 2011. The minimum income that triggers the requirement to file is lower when you're claimed as a dependent on someone elses return because you can't claim an exemption for yourself. Your mom already got the exemption.

If any taxes were withheld from your pay then the IRS knows you were supposed to file. It can take a few years for them to catch up with you, but they will eventually catch up to you. The consulate won't accept your affidavit of support if you were required to file a tax return and didn't file, even if you've got a joint sponsor.

Get your back tax returns filed.
JimVaPhuongMaleVietnam2012-10-09 01:37:00
K-1 Fiance(e) Visa Process & Procedurescousin marriage

engaged to my cousin applied for k1 finace visa but the request was denied because state of missouri doesnt allow cousin marriages and after advice from my lawyer i moved to state that accepts cousin marriage and reapplied at tennesse i havent got the approved letter yet it is been almost two years and i wonder if someone else is going through the samme situation if so did u get the k1 visa approved if so please reply thanks in advance


Two years? It should NEVER take that long to adjudicate a petition. Are you still using an attorney?
JimVaPhuongMaleVietnam2012-05-29 01:14:00
K-1 Fiance(e) Visa Process & Proceduresvisa after deportation

Hi everyone, i am so glad to have found this forum! I have a bit of a complicated situation. The man i want to marry lived in the USA for 11 years and then left on voluntary deportation. A couple months later he tried to come back illegally and was caught. He spent 3 months in jail and then they returned him to Venezuela. He was given a 5 year bar during which he would not be able to apply to come back. Those 5 years will be up in April and i am wondering if i have to wait until they are up to apply (since there is such a backed up list). Also i am wondering if anyone has experience with this type of situation and how negatively his illegal entry will effect a K1 visa request... We also have a daughter together who is now 5 years old. I think i should get the help of a lawyer but i don't have much money either.. any help would be much appreciated, thanks!


I think you need to consult with a good attorney. If he was given voluntary departure the first time he left then he would have not been considered "deported". However, because he had more than one year of unlawful presence he would have incurred an automatic 10 year ban when he left. When he re-entered illegally and was caught he was formally deported. Since that was his first deportation he got a five year ban, but that doesn't wave the 10 year ban he would have already had.

You may not need an I-212 waiver if his five year deportation ban has run it's course by the time he goes to the consular interview, but I think you'll still need an I-601 waiver for the unlawful presence ban. Again, you need a lawyer.
JimVaPhuongMaleVietnam2012-10-09 01:56:00
K-1 Fiance(e) Visa Process & Proceduresvisa denial

Read the seventh paragraph from that link titles "No readjudication of petitions." The language is clear. The only difference between fiance/spouse petitions has to do with issues of validity and expiration. You can argue that the consular officials don't follow the state department's instructions, but the instructions themselves are clear.

7. In general, an approved petition will be considered by
consular officers as prima facie evidence that the requirements
for classification - which are examined in the petition process
- have been met. Where Congress has placed responsibility and
authority with DHS to determine whether the requirements for
status which are examined in the petition process have been met,
consular officers do not have the authority to question the
approval of petitions without specific evidence, generally
unavailable to DHS at the time of petition approval, that the
beneficiary may not be entitled to status (see 9 FAM 41.53, Note
2, 41.54 Note 3.2-2, 41.55 Note 8, 41.56 Note 10, 41.57 Note 6,
and 42.43 Note 2) due to fraud, changes in circumstances or
clear error on the part of DHS in approving the petition.
Conoffs should not assume that a petition should be revoked
simply because they would have reached a different decision if
adjudicating the petition.


USCIS does not interview either the petitioner or beneficiary, nor do they evaluate evidence of a bonafide relationship during the petition approval process. The consular officer is the first one to see any of this evidence, which makes it abundantly easy for the consular officer to produce evidence which was "generally unavailable to DHS at the time of petition approval". This is, in fact, how the overwhelming majority of denied petitions end up being sent back to USCIS. The consular officer is claiming that the visa was denied based on evidence discovered during the interview, and they're recommending that USCIS revoke the approval of the petition.

What that cable is stating is that the consular officer can't cite evidence that was included with the original petition as a reason for denying the visa unless they are also implicating "clear error on the part of DHS". And yes, this also occasionally happens. USCIS does make mistakes, and consular officers do sometimes catch those mistakes. But this scenario is far less common than the discretionary denial I described above.

This is why red flags should be addressed by frontloading the petition. This makes it more difficult for the consular officer to claim that USCIS didn't know about it when the petition was approved.
JimVaPhuongMaleVietnam2012-10-14 11:42:00
K-1 Fiance(e) Visa Process & ProceduresSent my 129-F package today HELLLP!

p.s a lawyer advised I send my clearence.


Suggest you also notify your boss at Department of State that you filed an I-129F for a foreign fiance. I don't know if it will affect your security clearance, but almost every government employee who has a clearance must inform their superiors if they have a relationship with a foreign national.

Your case may get some additional scrutiny because of this.
JimVaPhuongMaleVietnam2012-10-13 02:05:00
K-1 Fiance(e) Visa Process & ProceduresInterview question-Why arent you getting married in your home country?
Honesty is usually the best policy. Most people have a reason for choosing the K1 instead of getting married and filing for a CR1. In my case, getting married in my wife's country is time consuming, bureaucratic, and unnecessarily stressful. The whole process, from the traditional ceremony through getting the marriage certificate, can take as long as six weeks - a bit faster if you're willing to grease the right palms.

On the other hand, getting married in the US can be done at the local county clerk's office in less than 1/2 an hour and with zero stress.
JimVaPhuongMaleVietnam2012-10-25 01:01:00
K-1 Fiance(e) Visa Process & ProceduresWHAT TO DO IF I HAVE NOT MET MY FIANCEE IN PERSON PRIOR TO FILING

Hello all,

I ve a similar case to this too, my fiancee n I ve been dating in Nigeria years before she relocated to usa after winning a visa lottery, I wasn't around in d country when she won it. She left for usa in 2008 for the last time till now n we were supposed to get married in 2009 in usa but I got laid off due to the financial crisis 09 and she is barely able to pay the bills there hence I support her and our 2 kids with whatever money I make from the small job I have. We have two kids together both american citizens.

She filed my K1 mid august and we received NOA1 shortly after hence we are waiting for the NOA2. She mentioned the fact that we have 2 kids together and quoted their SSN on the form for reference purpose @ USCIS but I will like to know if that will be enough since our current financial state can't afford us the luxury of seeing each other through visits now.

Our kids answer my surname.

I will aappreciate ur views n advice.

Tnx.


I'm confused. How is that someone who won the visa lottery in 2008 is now able to file a K1 petition? How did she become a US citizen so fast?
JimVaPhuongMaleVietnam2012-10-31 01:30:00
K-1 Fiance(e) Visa Process & ProceduresAdvice Needed K1 Visa

Additionally the fiance family taken money from him in form of dowry and such.... There has to be some action he can take against the other family even if it entails lawyer....


He can sue to get his money back. There's nothing he can do about his immigration status. The K1 locks the intending immigrant into a very tight corner. Either they marry the petitioner or they leave the US. It's really that simple.

There is nothing he can do legally to force her to marry him. There was a time, long ago, when a man's promise to marry a woman was considered an enforceable contract, and she could sue for "breach of promise" if he failed to marry her. This only applied to a man's promise to marry a woman. It never applied to a woman's promise to marry a man because of concept known as a "woman's prerogative". All US states have abolished "breach of promise" laws. Anyone can back out of a promise to marry at any time with no legal repercussions.

If she won't marry him then he must leave the US.
JimVaPhuongMaleVietnam2012-10-29 21:21:00
K-1 Fiance(e) Visa Process & ProceduresThai Visa Denied

Today was the day we have been waiting months for. We hired a lawyer dotted all our i's and crossed our T's.
My love was denied her visa the interviewer told her I did not make enough money but I made twice the amount for the affadavit of support.
He was also concerned that I had a joint account with zero dollars with my daughters mother. I have a healthy savings account
which is not held jointly. I believe a mistake was made how do we address our grievances.


Do you have a copy of the denial notice? The exact text would be useful.

Did you provide tax return transcripts with the I-134? What was your line 22 total income? How many people in your household?

The bank account may have come up in a background check. It may be an old account you and/or your ex-wife failed to close. Other than court ordered support payments, CO's don't like to see any financial connection between the petitioner and their ex-spouse. Any ties with the ex-spouse beyond the norm make it appear like the divorce may have been intended to be temporary, and obtained only so the petitioner would be eligible to petition for a foreigner.

Are you sure you got a denial and not a 221g? If you got a denial, and not a 221g requesting more evidence, then there's nothing you can do to "address your grievances", as you put it. A consular officers decision is not subject to review or appeal by anyone - not a federal judge, not the Secretary of State, not even the President. Many people start wondering about "due process" at this point, but "due process" doesn't apply here because you aren't being denied life, liberty, or property. You're ending up with exactly what you had before you submitted the petition.

When a consular officer denies a K1 visa then they send the petition back to USCIS with a recommendation that the approval be revoked. What happens after that varies, depending on the service center. The CSC has a tendency to just ignore the CO's recommendation, and allow the petition to expire. They'll send you a notice to that effect, advising you that you're free to file another petition. However, they also have a tendency to issue a Notice Of Intent to Deny on a subsequently filed petition, citing the CO's reasons for denying the visa. In other words, they're putting off making a decision on the CO's accusations unless you actually file another petition.

Anyway, answer the questions above and we'll give more information about what may or may not happen, and what your options are.
JimVaPhuongMaleVietnam2012-10-29 01:11:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit (Please Help) =((

Hello everyone, i am going through a dilemma so I would appreciate everyones input and advice:

I am a 21 year old student with just a part time job so I cannot sponsor my fiance.. My father is 100% willing to support my fiance during his stay but his income is definitely insufficient considering he has already sponsored someone else in 2009. My fiance is prepared to support himself if necessary taken that he has a well paying job in Algeria and an account with US dollars which he will bring proof of. Is my only choice now to use a family friend as a co-sponsor? What should I do?


You have two hurdles to jump here. The first is at the consulate when getting the visa. The second is in the US when applying for the green card.

Most consulates won't allow a beneficiary to self-sponsor for a K1 visa. London is the only consulate I've heard of that allows this, though I'm sure there are probably a few others. Even if your fiance were in London, I doubt they'd allow him to self-sponsor. One of the basic requirements in accepting an intending immigrant's income is that the income has to be reasonably expected to continue from the same source after they become a US immigrant. I imagine he'll be giving up his job in Algeria to come to the US. They might allow him to use the assets he's got in the bank, but they would need to be three times the difference between your income and the minimum required income. Frankly, I wouldn't depend on that route. Consulates have a lot more discretion with an I-134 affidavit of support, and many consulates are more interested in looking for a reason to deny than to approve. They could simply ignore his financial evidence and deny him on the public charge requirement. The point is that they aren't required to accept it, so they could simply choose not to. I've seen more than a few cases here on VJ where the beneficiary showed up with bank statements and property deeds ready to self-sponsor, and the consulate denied them for lack of a sufficient sponsor.

Your safest route is to find a joint sponsor with sufficient income.
JimVaPhuongMaleVietnam2012-11-03 10:08:00
K-1 Fiance(e) Visa Process & ProceduresK-i denied in Nigeria

That is incorrect ! I know what I am talking about. I spoke personally with him for a long time and exchanged emails and he is filing another one very soon. He needs people from Oregon but other states are welcome too. His previous one was dismissed for various reasons. I also received his question forms in case I will join the litigation a few days ago.


http://www.entrylaw....lassaction.html

The 9th circuit court declared the lawsuit moot because the plaintiffs in the Tran lawsuit had eventually gotten their visas. This happened on October 25, 2012.
JimVaPhuongMaleVietnam2012-11-09 03:05:00
K-1 Fiance(e) Visa Process & ProceduresK1 NOID's at California Service Center
Hi Marc.

I was always under the impression that when CSC said "Your petition has expired. You can file again." that it was a good thing. I figured that meant you didn't have to worry about responding to a NOID for the first petition, and could just go ahead and file a new petition, this time armed with the knowledge of why the first petition didn't succeed at the consulate.

So, consulates were actually sitting on the second petition waiting for USCIS to make a decision on the first petition, even after USCIS had told the petitioner that the first petition was expired and dead? Or, were consulates only sitting on the second petition if the first petition hadn't been laid to rest yet by USCIS? I'm just trying to wrap my head around why it's good thing that the first petition will come back to haunt you when you file the second petition, even though USCIS told you the first petition was dead.
JimVaPhuongMaleVietnam2010-03-05 10:15:00
K-1 Fiance(e) Visa Process & ProceduresBringing my 16 year old fiancée

Thank you everyone for the input ans advice. I should have clarified some things in my original post. I have visited Syria many times before but not in the past two years. I know her well and she knows me well, people in Syria always tell us we make a good couple. I talk to her regularly on Facebook, she is very flirty and expecting me to propose. This is not an arranged marriage. My original plan was to wait until she was 18 and I was done medcial school before I propose. I have dated many girls in high school and I know they are emotionally fragile, that is why I never spoke to her about relationships or marriage, in case things don't work out, I don't want her to get hurt. As the situation in Syria keeps getting worst, I though Why wait, let me ask her ( I know she is waiting to hear it) and bring her here. She has been out of school for a year, living in an apartment with three other families, not the situation I want my sweetheart to be in. The most important thing to me is not to mention "marrige" to her If it's not possible to bring her, her emotions will be crushed.

I think I will continue to talk to her and see if the situation in Syria cools down a bit so that I can go see her. On the K1 form it stays they can give an exception to the 2 year visit thing, if the US citizen traveling to see her will cause him extrem hardship, and the US embassy is advising Americans to stay out of Syria bc of kidnapping dangers.


People have tried getting the hardship waiver for fiancee's in Iraq and Afghanistan and failed. The type of hardship they usually approve is when it's physically impossible for the petitioner and beneficiary to travel to a common country to meet. For example, the petitioner is in the hospital hooked up to a respirator, and the beneficiary has tried and failed to get a B2 visitors visa. In that case, the petitioner can't leave the US and the beneficiary can't enter the US, so a waiver is approved.

Then again, there have been cases here on VJ where I thought there was no way they'd approve the waiver, and they did. You could give it a try. If it's denied then you'll lose the filing fee and about half a year of your time. On the other hand, if you can arrange a safe place for both of you to meet (maybe in Turkey) then there won't be any risk.

You've heard this before, but once again - for a fiancee visa she must be of legal marriageable age in the state where you plan to marry, which presumably is the state where you live. In most states the marriageable age is 18. Also, most states will permit someone to marry at a younger age (16 is typical) with parent and/or judicial consent. This situation is covered in the I-129F instructions:

If either of you is of an age that requires special consent or permission for you to marry in the jurisdiction where your marriage will occur, give proof of that consent or permission;


How that consent is provided varies from one state to the other. The USCIS adjudicator is probably going to presume you intend to marry in the state where you reside, so they may ask you to provide the same proof of consent your state would require you to provide. Some states require that the parents or guardians who are giving consent appear personally to sign a sworn consent form. Obviously, it would be pretty difficult for her parents to appear personally in front of a county clerk in your state if her parents are in Syria. Check your state laws. You must provide proof of consent with your petition or your petition will be denied.
JimVaPhuongMaleVietnam2012-11-18 20:54:00
K-1 Fiance(e) Visa Process & ProceduresBringing my 16 year old fiancée
For a fiancee visa it must be legal for her to marry in the state where you intend to marry. The laws of Syria are irrelevant.

For a spousal visa the marriage must be recognized in both the country where the marriage took place, and in the state where the petitioner and foreign spouse intend to live, and also by the United States. The US does not recognize same sex marriages or polygamous marriages. Some other types of marriage may be a problem, depending on the circumstances and the state where the married couple intends to reside. Examples of these include transsexual marriages, common law marriages, and incestuous (i.e., close relatives) marriages.

The bottom line in your case is likely to be whether you will face a potential criminal penalty in your state for having a 16 year old wife. In some states you can be arrested for having an underage spouse, even if the marriage was legal in the state where it was obtained. You need to check your state's laws.
JimVaPhuongMaleVietnam2012-11-18 02:20:00
K-1 Fiance(e) Visa Process & ProceduresAdditonal fees for K1 visa interview
Yes, the Visa Fee is $240 and must be paid at any NCB branch in Jamaica.
Make sure your Fiance' brings his passport with him when he goes to pay the fee.
You must bring the receipt to the interview at the embassy.
Kingston will no longer allow you to pay this fee at the embassy.

http://www.state.gov...2/03/187114.htm

Edited by JAPrincess, 31 July 2012 - 04:16 PM.

JAPrincessFemaleJamaica2012-07-31 16:15:00
K-1 Fiance(e) Visa Process & ProceduresWhere the fiance intends to stay in the US

Hi. I just wanted to ask whether its okay that my fiance will stay in california with his family and i in Florida?



That is not going to look very good when you go to adjust status. That will raise a major red flag.
I+HFemaleUnited Arab Emirates2012-09-20 20:35:00
K-1 Fiance(e) Visa Process & ProceduresI made an I-129F misake! What do I do?

The U.S. consulates in St. Petersburg and Ekaterinburg do not handle K-1 interviews (how I wish they did!). They are handled only in Moscow and Vladivostok.


I sure hope they don't schedule her for Vladivostok :o

B-)
dogspotMaleRussia2011-02-05 13:04:00
K-1 Fiance(e) Visa Process & ProceduresG325A - have been married more than twice before

Agreed for divorce decrees but what can be done if someone doesn't have 'date of birth' details of former spouse? :blush:


Dave&JudyMaleIndia2012-09-09 13:09:00
K-1 Fiance(e) Visa Process & ProceduresG325A - have been married more than twice before

Yes, he is expected to provide the information and divorce decrees for all three prior marriages. You do NOT get around it. Certified Copies of Divorce Decrees can generally be ordered from the court clerk or other method. Google "Certified Copy of Divorce Decree, ST" with ST being the abbreviation for the State in which the divorce was granted, and you'll find the how.

For this process, there is no "get around" if something is needed and you don't have it, you obtain it.


Agreed for divorce decrees but what can be done if someone doesn't have 'date of birth' details of former spouse? :blush:
Dave&JudyMaleIndia2012-09-07 02:41:00
K-1 Fiance(e) Visa Process & ProceduresFirst name on I-129F & Passport differ

how is her names spelled on her birth certificate? my fiance's first name on his birth certificate and passport do not match - so in completing the forms, we are using his name per his birth certificate and indicating if asked goes by: the name that is on his passport. i am not sure if this answered your questioned or helped in anyway - we might actually have a problem with this, but no time to get his passport fixed. althought if anyone out there knows for sure that this could be a very big problem somehow and we should get passport corrected before we apply, please let me know. thanks you and good luck everyone!


Well her birth certificate is in Russian, which is in a different alphabet, but we translated it to "Mariya" (What used on the I-129F) but her passport says Maria
Jason & MashaMaleRussia2012-08-10 18:45:00
K-1 Fiance(e) Visa Process & ProceduresFirst name on I-129F & Passport differ

I'm getting a nice chuckle out of Masha is actually Mariya...lol. Can she contact the place that issued the passport and have them correct her name is it is on her domestic Russian passport? It's not major, but I'd hate to see a problem when she's getting her police certificate and Mariya XXXXXXXXXXX doesn't have a record, but Maria XXXXXXXX does.


Yes, her nickname is Masha :) I'll ask her how difficult it is to change (she had to wait in line for 1 full day). But yeah, I just want to avoid any problems later on and cause further wait!
Jason & MashaMaleRussia2012-08-10 18:42:00
K-1 Fiance(e) Visa Process & ProceduresFirst name on I-129F & Passport differ
Hello,

When I filled the I-129F I put my fiancee's name down as "Mariya" this is how she spells it and how it is on her domestic Russian passport (all Russian citizens use for inside Russia). When I filled the I-129 she didn't have a passport. She now has her passport but they spelled her first name "Maria". (Keep in mind Russians use a different alphabet for their native language) I just wanted to know if this would be a problem later down the road, and if I should correct this. And if I need to correct this, how do I?

Thank you!
Jason & MashaMaleRussia2012-08-10 18:03:00
K-1 Fiance(e) Visa Process & ProceduresMisspelled fiancee name on I-129F!

Not a problem. Continue to use the name as you spelled it but the visa will be issued in the name as in the passport. This is a very COMMON issue in the Russian and Ukrainian consulates and is just a matter of how someone transliterated her name, that is all. The consulates will aceept ANY transliteration of the name. In our case we had Alla and two sons and there were any number of transliterations on documents. I gave up! Alla does translations and runs into this problem also. This comes from two sources...1. a wide variance of how the name is spelled in Cyrillic and, 2. How someone else interprets the Cyrillic letter and assigns a Roman letter.

Not to worry



Oh thank you! That puts me a great relief!!
Jason & MashaMaleRussia2012-09-03 20:51:00
K-1 Fiance(e) Visa Process & ProceduresMisspelled fiancee name on I-129F!
Hello,

So here's my situation. When I filed my I-129F, my Russian fiancee did not have a passport. I filed her name as "Mariya". About 2 months later, she got her passport. The Russian government translated it to Maria. Along with the I-129F, I also submitted a copy of her Russian birth certificate and a translated copy, in which I also had her name as "Mariya".

So as of right now, the USCIS has approved our petition, we already received our I-797 NOA2. I called the USCIS and told them about my situation but the lady on the phone didn't seem like she knew that much and told me to send a letter to the Moscow embassy stating the mistake I made. I don't really trust her though. I think about this whole situation everyday and it really bothers me. I fear the worst.

Can anybody give me some advice? I would so very much appreciate it! Thank you!
Jason & MashaMaleRussia2012-09-03 20:29:00
K-1 Fiance(e) Visa Process & ProceduresMedical Vaccinations
Hello,

I have a question about the medical vaccinations records for the medical exam. The USCIS has approved my petition for a K-1 visa and I have already received the I-797 NOA2. I believe the embassy in Moscow should contact my fiancee within a few weeks. My fiancee has had vaccinations in the past (I'm not sure if she has had all the vaccinations required by USCIS). However she does not have the records of these vaccinations. She said to get new ones takes a very long time. I would hate to have to delay her medical exam to wait for new vaccination records.

Does anybody have any advice, knowledge or experience on this situation? I appreciate any input! Thank you!
Jason & MashaMaleRussia2012-09-03 21:34:00
K-1 Fiance(e) Visa Process & ProceduresVaccinations for medical exams ?
Hello again all,

So my fiancee has scheduled her medical exam (October 2nd) and her interview (October 31st). (Finaly!!) However, my fiancee does not have her medical records to show the vaccinations she has had in the past. I was told by other VJ members that this was not too important. My fiancee spoke with a woman from an approved medical exam place. This woman said she did not need any vaccinations for her K1 visa. I don't think this woman knows what she's talking about. She did say however that they could give her all the required vaccinations for an additional $20. Again, my fiancee does not have any papers for her vaccination records. Should she just get the shots to be safe (even if she already has some)? What do you guys think?

Thank you!
Jason & MashaMaleRussia2012-09-18 23:00:00
K-1 Fiance(e) Visa Process & ProceduresJust starting the K-1 process. Lawyer needed? Fees?
I think you should not get a lawyer ... sometimes they do ridiculous mistakes like old forms .. wrong infos ... I already saw lots and lots of problems in a group of brazilians that americans laywers did ...
you will pay so much for something u could do by yourself ... my fiance did everything by himself and the only help he needed he called USCIS to resolve some problems ... or I asked a local group .. in my case the brazilian one .. so you will receive the right answers .. cause every consul will be diferent ...
like here we dont need the packet 3 anymore .. and we need to many proofs .. and we talks about experiences etc .. you should try to find a local group and try to get as most info u can before apply your k1 visa ...
Not hard at all ... read some posts and good luck .. you will be fine ...
MSMFemaleBrazil2012-07-28 11:40:00
K-1 Fiance(e) Visa Process & ProceduresPassport Card or Passport Book for proof of citizenship?
Thanks for everyone's answers, we went with the passport book, it does make sense to follow the direct instructions :) Thank you everybody!
WhiteFoxFemaleAustralia2012-08-16 13:57:00
K-1 Fiance(e) Visa Process & ProceduresPassport Card or Passport Book for proof of citizenship?
We don't have his birth certificate, and I don't think that would prove his citizenship anyway for sure since he was born in Japan in the 50s. ): The passport option is our best bet but I was just wondering what would be sufficient, the card or the whole book.
WhiteFoxFemaleAustralia2012-08-15 03:07:00
K-1 Fiance(e) Visa Process & ProceduresPassport Card or Passport Book for proof of citizenship?
Hi again VJ!

I was just wondering, has anyone had any experience with providing a passport card or book for proof of US citizenship? I was on the phone with a nice lady today from the Passport agency that said she didn't know which one the USCIS preferred, but both were proof of citizenship. I'm about to renew my (K1) co-sponsor's passport so he can prove citizenship, and I'd like to tell him he can just get a passport card and save some money but I'm not sure if that would be insufficient for the USCIS compared to a passport book. Anyone ever done this before?

Thank you as always my wonderful friends :)
WhiteFoxFemaleAustralia2012-08-15 02:13:00
K-1 Fiance(e) Visa Process & ProceduresSubmission of Medical Results with Packet 3

Dear All, Need some advice...

I am about the send Packet 3 to the consulate, however I have confusion regarding sending of the medical reports. Can I open the Medical reports received from the doctor or should I send the unopened (sealed) envelope along with other documents forming packet 3 to the consulate. The doctor said i can open the envelope and send reports, however in one of the topics it said to send unopened envelope.

Also do we need to send passport size photos along with packet 3 or do we have to carry it with us during the interview.

Please, can someone enlighten me.

Thanks in advance


our doctor told us NOT to open it but didn't say why. I am not sure about the passport photos, good question (we're getting ready to send packet 3 too), can anyone else help?
WhiteFoxFemaleAustralia2012-08-24 00:06:00
K-1 Fiance(e) Visa Process & ProceduresHaving a lawyer/firm involved helpful?
I paid a lawyer for my I129 and it was great ,,.. everything went fast and good , but seriously, I am applying now for AOS and saved a lot of money , and it is so easy doing it , here on visa journey you have everything u need, even the example forms... really helpful. As someone said already , pay a lawyer if you get denied or get in trouble otherwise try it first coz it is easy.... :)
dadajhowMaleBrazil2012-11-01 02:57:00
K-1 Fiance(e) Visa Process & ProceduresLetter of Intent
My opinion is, just wait and you may get a RFE, if you do just get whatever they are asking for and send it.... If you need I have my letter of intent here that I sent when I applied... My application got straight with no RFE, so it may be right.... wait to see if they gonna request if they do, make one or just ask me that I can send you mine so u can have an idea to make yours. good luck ;)
dadajhowMaleBrazil2012-11-04 02:14:00