Forum	Title	Content	Member	Sex	Country	Date/Time
K-1 Fiance(e) Visa Process & Procedures	K1 denial	212(a)(5) is a catch-all. When a consular officer doesn't believe that the relationship is legitimate then they often cite 212(a)(5) because if they've determined the beneficiary isn't eligible for a K1 then a work visa is the only category left they could apply for, and citing 212(a)(5) indicates they don't have the appropriate labor certification for a work visa. It may seem an odd way to do it, but the consular officer needs to cite a specific class of inadmissibility when they deny a visa, and there isn't a specific class of inadmissibility for when the consular officer uses their discretion to determine that a relationship isn't legitimate.	JimVaPhuong	Male	Vietnam	2013-02-22 09:35:00
K-1 Fiance(e) Visa Process & Procedures	Poverty Line Requirement	Yes it does, you reference wrong section, 213A is not used in Fiancee process. If inadmissable on only this provision (i-134), and otherwise admissable, the foreign fiancee CAN post a bond in the size agreed by consulate OR other undertaking. The i-134 instructions clearly state this is done in conjunction with section 213, and specifically notes NOT 213A. Upon marriage, the 864 is required in which the combined assets (as opposed to i-134 and foreign bond) are used to consider support for the family, where in this case using 213A (the bond is returned and assets and income of foreign fiancee added to 864). The foreign fiancee CAN contribute financially, (or by other undertaking) in both making up for the petitioners lack of 134 requirements, and then in the 864 process via providing assets and income. Yes, you all say the consulate is looking past 134 to 864, this is a potential path, and many have been advised otherwise in these forums. You're correct. INA 213A doesn't apply in non-immigrant visa cases. By the same token, there is no section of the INA that specifically requires an affidavit of support of any kind in a non-immigrant visa case, nor any section of the INA that specifically compels DHS to accept a bond in lieu of a sufficient affidavit of support in any case. The I-134 instructions were written by INS, and subsequently maintained by USCIS, which rarely ever uses the I-134 anymore. The I-134 is used by consulates at their own discretion, and at the suggestion of the Foreign Affairs Manual. There's no statutory requirement that a consulate collect an I-134, nor any statutory requirement that they accept a bond request, either with an I-134 or in lieu of one, and forward it to DHS. Your suggestion is that the beneficiary can compel the consulate to comply with a statute that doesn't exist based on form instructions that they didn't write and don't use. I've read countless cases on VJ where people have run into problems with the public charge requirement at the consulate with a K1 visa. I've never heard of anyone successfully overcoming an insufficient affidavit of support by posting a bond - not once. I've never even heard of anyone successfully getting the consulate to forward a bond request to DHS in one of these cases. The closest thing I've ever heard of is a few consulates that will consider the beneficiary's assets if the petitioner can't submit a sufficient affidavit of support because they believe the beneficiary will be able to use those assets to help the petitioner qualify with an I-864 after they're married. The embassy in London has been known to do this. Many other consulates have refused to do this. I think this approach has a better chance of success because the consulate is required to consider the beneficiary's assets under INA 212(a)(4), but they aren't required to accept a bond request, nor do they have the authority to consider and approve one - they have to forward the request to DHS for approval. It would be highly unusual for a consulate to hand their discretionary authority to make the public charge determination over to DHS like that.	JimVaPhuong	Male	Vietnam	2012-03-07 11:18:00
K-1 Fiance(e) Visa Process & Procedures	Poverty Line Requirement	http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html No visa or other documentation shall be issued to an alien if (1) it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law, (2) the application fails to comply with the provisions of this Act, or the regulations issued thereunder, or (3) the consular officer knows or has reason to believe that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law: Provided, That a visa or other documentation may be issued to an alien who is within the purview of section 212(a)(4), if such alien is otherwise entitled to receive a visa or other documentation, upon receipt of notice by the consular officer from the Attorney General of the giving of a bond or undertaking providing indemnity as in the case of aliens admitted under section 213: Provided further, That a visa may be issued to an alien defined in section 101(a)(15) (B) or , if such alien is otherwise entitled to receive a visa, upon receipt of a notice by the consular officer from the Attorney General of the giving of a bond with sufficient surety in such sum and containing such conditions as the consular officer shall prescribe, to insure that at the expiration of the time for which such alien has been admitted by the Attorney General, as provided in section 214(a), or upon failure to maintain the status under which he was admitted, or to maintain any status subsequently acquired under section 248 of the Act, such alien will depart from the United States. INA section 213: Sec. 213. [8 U.S.C. 1183] An alien inadmissible under paragraph (4) of section 212(a) may, if otherwise admissible, be admitted in the discretion of the Attorney General (subject to the affidavit of support requirement and attribution of sponsor's income and resources under section 213A) 1/ upon the giving of a suitable and proper bond or undertaking approved by the Attorney General, in such amount and containing such conditions as he may prescribe, to the United States, and to all States, territories, counties, towns, municipalities, and districts thereof holding the United States and all States, territories, counties, towns, municipalities, and districts thereof harmless against such alien becoming a public charge. Such bond or undertaking shall terminate upon the permanent departur e from the United States, the naturalization, or the death of such alien, and any sums or other security held to secure performance thereof, except to the extent forfeited for violation of the terms thereof, shall be returned to the person by whom furnished, or to his legal representatives. Suit may be brought thereon in the name and by the proper law officers of the United States for the use of the United States, or of any State, territory, district, county, town, or municipality in which such ali en becomes a public charge, irrespective of whether a demand for payment of public expenses has been made. The posting of a bond doesn't waive the affidavit of support requirements for those immigrants who need one. A bond is simply a means by which an alien who has been found inadmissible because of the "public charge" requirement might be able to overcome that inadmissibility by posting a bond, at the discretion of DHS. However, if the alien is required under section 213A to have a sponsor submit a sufficient affidavit of support then that requirement still applies. A bond can't be used to overcome an insufficient affidavit of support.	JimVaPhuong	Male	Vietnam	2012-03-07 02:31:00
K-1 Fiance(e) Visa Process & Procedures	Does he have a chance?	He has a great chance, The Ukraine lady in 2012 does not have anything to do with this one, I would just think that they will ask questions, like how do you know this one will work, etc. Aslo I am not forsure if they still have this limit but before they had a limiti of two K-1 visas, after that you did have to get a waiver, while this does not not apply here, it is something he should look into incase this one does not work out. Also He only wants to make one trip, not a problem as long as he has good documentation of a relationship. The waiver is still required if the previous K1 petition was approved within two years of filing the current petition.	JimVaPhuong	Male	Vietnam	2013-04-21 11:40:00
K-1 Fiance(e) Visa Process & Procedures	Questions about RFE	Our lawyer sent us a picture by email of what the RFE says, but not all of it. It requested one specific kind of passport photo from each of us and the photos must be taken within the past 30 days. We're not sure if the deadline is 30 days, though, as that part isn't shown.   Passport style photos are required with the G-325's, which both the petitioner and beneficiary should have submitted. You evidently didn't submit the photos with the G-325's, or the photos you submitted didn't satisfy them. They're usually pretty flexible about the photos (my wife's photo was a half inch narrower and a half inch taller than the US standard, and the background was light blue instead of white, but they still accepted it) but they'll still ask for another one if the photo is severely out of spec.   A high resolution scan printed locally on photo quality paper will work fine. It doesn't have to be a photographic original.   The standard deadline for RFE's is 12 weeks, or 84 days (unless the RFE is related to an I-539 or I-601A filing). They allow three additional days for a response by mail if the original RFE notice was sent by mail.   I recommend you lean on your attorney about providing complete copies of all correspondence he receives from USCIS. Attorneys are busy, and they aren't personally affected by the outcome of your case. They often make mistakes, and you can't catch those mistakes without complete information.	JimVaPhuong	Male	Vietnam	2013-05-08 00:28:00
K-1 Fiance(e) Visa Process & Procedures	I-134 question - residing in the US	I've searched the forums, and have seen inconsistent replies to this question, perhaps someone has a more definitive, recent answer. Question 2 on the I-134 asks "I am X years of age and have resided in the United States since _______" I was born in the US, but grew up in Canada (I never had actual residence here until I was an adult, as my mother gave birth on a visit and went back home after a few weeks when I could travel). Should I use the date I last moved to the US, as my reading of the question suggests (#5 below), or should I use my date of birth as a 3 year old reply to a similar (but not identical) question suggests? In case it makes it clearer, here's the basic timeline 1) Birthday - in USA 2) Birthday + several weeks - go to Canada 3) ~22 years old - move to USA 4) ~29 years old - move to Canada for about a year 5) ~31 years old - move to USA One of the requirements for an affidavit of support is that you must currently be domiciled in the US. The question is asking when your current period of domicile in the US began. From what you've said, you've lived here since you were 31 years old. Give the date you moved back to the US.	JimVaPhuong	Male	Vietnam	2012-01-02 01:18:00
K-1 Fiance(e) Visa Process & Procedures	HELP! Visa refuse under section 212a6c1	212.a.6.c.i has to do with fraud. A denial under this section of the INA means that the alien has been accused of fraud, and determined to be ineligible for any sort of visa to the United States.   You are very fortunate that the consulate has decided to grant a second interview. I don't quite understand the whole church conference thing, but I recommend that you obtain any documentation you can that will clear up this situation. They obviously believe your fiance lied about some aspect of the visa application for that conference. If you understand precisely what it is that they believe he lied about then you need to obtain documentation that proves he did not lie. If your fiance fails to convince the CO then the visa will be denied and your petition will be returned to USCIS with a recommendation that the approval be revoked. If that happens then the accusation of fraud will become a fact, as far as the US government is concerned, and your fiance will never be eligible for any visa to the US.   Your best chance is to get this cleared up now at the consulate.	JimVaPhuong	Male	Vietnam	2013-05-08 22:00:00
K-1 Fiance(e) Visa Process & Procedures	help!!!!medical condition	Not sure how country specific these things are but I wasn't tested for hepatitis, nor were hepatitis vaccinations required. (Although I had had those.) If I've understood correctly, they can't even deny you a visa if you are HIV+. They did require a negative blood test for syphilis though. Go figure.   HIV used to be on the CDC list of "communicable diseases of public health significance", and they used to deny visas for people who were HIV positive. They removed HIV from the list in 2009, not because it's not a threat to public health, but because the disease is not transmitted by casual contact and most people who are infected will take precautions to help ensure they don't infect other people. A lot of badgering from the gay community may have also played a role in removing HIV from the list.   The CDC is responsible for maintaining two lists that can cause a medical denial of a visa. One list is for diseases that the intending immigrant might be infected with, and the other is for preventable diseases for which the intending immigrant must be vaccinated (some vaccines are not always appropriate for some immigrants).   http://www.cdc.gov/i...s-included.html	JimVaPhuong	Male	Vietnam	2013-05-20 01:49:00
K-1 Fiance(e) Visa Process & Procedures	K1 VISA HELP!	The K1 is not more "lenient". The same inadmissibilities apply for a K1 as for a B2. The difference is that a K1 allows the visa holder to enter the US with the intention of immigrating. The B2 does not. This means a K1 visa holder won't be screened for immigrant intent, while a B2 applicant will be. Assault with intention to do bodily harm is a crime involving moral turpitude under US immigration law. That's covered by INA section 212(a)(2)(A)(i)(I). There are a couple of exceptions where it would not be an inadmissibility. One is if the crime occurred before you were 18, and it's been more than five years since your conviction. The other is if the maximum penalty for the crime does not exceed one year in jail, and the actual sentence you received did not exceed six months in jail. If you're found to be inadmissible because of this crime then you would qualify for a waiver on your own if it's been at least 15 years since your crime was committed, and the consular officer determines that your admission to the US would not be contrary to national welfare, security, or safety, and they also determine you've been rehabilitated. I have no clue why the consular officer told you that you'd be fine if you came back in one year. I don't know of any three year rule for circumventing the inadmissibility. Are you absolutely certain you were denied for the assault conviction? Did they give you a denial letter? It would be immensely useful to know what section of the INA was cited on the letter. If you were denied a B2 visa because the consular officer found you were inadmissible under section 212 of the INA then you would still be inadmissible if you applied for a K1 visa. However, your fiancee could submit an I-601 waiver request after your visa application was denied if she can demonstrate that it would impose an extreme hardship on her if you aren't permitted to go to the US.	JimVaPhuong	Male	Vietnam	2012-02-05 02:22:00
K-1 Fiance(e) Visa Process & Procedures	K1 fiance visa.....petitioner died	I am sorry for your loss.   Why can't she still fly to the USA? I know that she will not be able to fulfill the K1 because of the death but getting a tourist visa will be next to impossible. Why not use the K1 to fly, spend time with the family, get some closure and then fly back before the 90 days is up so that you will not be here illegally?   Just a question.   The approval of the petition is automatically revoked if the petitioner dies. 8 CFR, section 205.1.     The approval of a petition or self-petition made under section 204 of the Act and in accordance with part 204 of this chapter is revoked as of the date of approval: ... (3) If any of the following circumstances occur before the beneficiary's or self-petitioner's journey to the United States commences or, if the beneficiary or self-petitioner is an applicant for adjustment of status to that of a permanent resident, before the decision on his or her adjustment application becomes final: ... © Upon the death of the petitioner,     There are two circumstances where the approval of the petition would not automatically be revoked, or the approval could be reinstated, but neither are worth mentioning because they don't apply to the OP.   If neither USCIS nor Department of State are aware of the petitioner's death then she could probably get away with using the visa, but I don't think it's worth the risk. If the facts become known later then it could result in a finding of fraud against the OP, and it could make her permanently ineligible for any visa to the US.	JimVaPhuong	Male	Vietnam	2013-05-02 01:20:00
K-1 Fiance(e) Visa Process & Procedures	I am the Beneficiary ..how can I withdraw the K1 petition ???	I need some advice Please! 15 days ago we received the NOA2 notification but its been 3 months already that there is no communication between my boyfriend and I. Just random text messages along the week. We have been going through a lot of issues and although we have tried to work things out but in my opinion instead of progressing and growing our relationship it has been the oposite. We dont even talk!! i have asked him to cancel the petition but he refusses but honestly i dont want to marry someone that doesnt even talk to me..at all! I have been reading that it is only the petitioner who can cancell the petition, but what should i do if he refusses to do it?? Im the beneficiary, im from mexico and i have give to much thinking to this and i already took my decision. I no longer want to marry him. I told him so and he just ignored me. Please i need to know if there is anything i can do on my side to withdrawn the application. I have a turist visa and i would like to keep using it once on a while visiting my friends. I have read that i can write a letter, but is this the case if im the beneficiary??? if so, what is the letter like?? can you please give me some examples?? Iam deseperate... Please help!! You can't cancel the petition, but you don't need to. Just don't apply for the visa. The petition will expire on it's own.	JimVaPhuong	Male	Vietnam	2011-07-30 00:18:00
K-1 Fiance(e) Visa Process & Procedures	Proof on an ongoing relationship sent with the I-129F Package?	Your response reminds me of a question I had. I'm considering including a few emails from my fiancee with my I-129F, but they are in Spanish. I know that required foreign language documents need to be translated but since the various pieces of evidence of relationship are optional, would it be okay to include some of them in a foreign language? Thanks. -rs1971 Emails would be considered front-loaded evidence of a relationship, which USCIS does not require. Since the emails won't even be considered in determining if the petition is approved, it won't be necessary to translate them. Just make sure it's clear to them that the emails are emails, and not some sort of required document (divorce decree, etc.), or they could end up sending an RFE for a certified translation just to figure out what the heck you sent them. The objective of sending front-loaded evidence of a relationship is to get the consular officer to see them, and also to prevent the consular officer from claiming that the evidence didn't exist. This is a trick that CO's at tough consulates pull a lot - they don't ask the beneficiary to produce specific evidence at the interview, and then they deny the visa claiming the evidence doesn't exist. Consulates will usually accept evidence in the native language of the local country. Front-loaded evidence can also be extremely useful for addressing issues in your case that the consulate may consider to be red flags. When a consular officer denies a visa they return the petition to USCIS with a recommendation that the approval of the petition be revoked. Obviously, they have to provide USCIS with a reason for doing this, and they aren't supposed to cite a reason which USCIS knew about when the petition was approved unless they are claiming that USCIS obviously screwed up and approved an unapprovable petition. If you explain your red flags with your front-loaded evidence then the consular officer can't claim USCIS didn't know about it when the petition was approved. HOWEVER, if the front-loaded evidence was not in English or accompanied by an English translation then the consular officer can presume that USCIS didn't know about it. If you intend to use front-loaded evidence, like emails, to address red flags in your case then you should provide translations if they aren't in English. I am also wondering how much proof they need for having met in person and ongoing relationship... It feels strange to send both passport stamps and boarding passes! But I think the more the better. If you've got it, then send it. Because the decision is discretionary, you don't know where the finish line is and you won't know when you've crossed it. There's no penalty for overdoing it. Also do I have to explain a lot about everything I send? For example we are including a copy of my engagement ring receipt - do we have to add a paper there saying "This is a copy of her engagement ring receipt" - and sign it and everything? "This is a copy of his phone bill", etc. If it isn't obvious what it is then you should explain it. Since you should only be sending copies of this stuff, and not the original documents, you can just scan the evidence into your computer, paste the image onto a page in MS Word or some other word processor or document layout program, and add page titles and explanations. It's ok if you have to reduce the copy image a little in order to get it to fit on one page. I did exactly as I described here with both the I-129F and the AOS packages, and never had any problems with USCIS.	JimVaPhuong	Male	Vietnam	2010-12-21 11:01:00
K-1 Fiance(e) Visa Process & Procedures	Help!!!!!	So i have a question my fiancé has his interview June 24 yay and I was planning to buy his ticket after the interview and one way but my friend that brought her husband from Colombia told me I have to buy a rountrip or I will have to buy one at the airport and he needs it because its a fiancé visa and in case he wants to come back but I had read that one way was ok another question how much we're your medical app so far we are at 240 one more app tomarrow and we are filing Costa Rica   The K1 is technically a non-immigrant visa, but it's a special class of non-immigrant visa - it's one of the few non-immigrant visas that specifically allows the alien to have an intent to become an immigrant after arriving in the US. A one way ticket is all that's required.	JimVaPhuong	Male	Vietnam	2013-06-18 19:57:00
K-1 Fiance(e) Visa Process & Procedures	k-1 visa denied	You usually have the opportunity to appeal the decision. Before filing your appeal, try to determine what may have resulted in the denial. Did you not explain your situation clearly or did you leave out important information? Figuring out why your visa was denied, if possible, can help you determine how to proceed. Many people on here have a lot of knowledge that can help you on what to do next .   Who flies I believe it is the person who originally filed the visa petition . However someone with more experience will tell you for sure shortly .   Actually, this is not the case. A consular officer's decision is not subject to appeal or review. What's likely happening in this case is that the petition is being sent back to USCIS with a recommendation that the approval of the petition be revoked.   USCIS will likely not consider an I-601 waiver application until a decision has been made on the returned petition. If USCIS revokes the approval of the petition based on the CO's recommendation then the misrepresentation accusation becomes a finding of fact, the inadmissibility is established, and an I-601 will need to be filed. If USCIS reaffirms the approval of the petition then no inadmissibility exists, and no I-601 is required. The reaffirmed petition will be sent back to the consulate, and another interview can be scheduled.   USCIS sometimes just allows a returned petition to expire, thereby avoiding having to make a decision on it. In this case, they'll usually send a letter to the petitioner informing them that their petition has expired and they are free to file another one. If the petitioner files a new petition then USCIS sometimes responds with a Notice Of Intent to Deny based on the accusations from the previously returned petition.   The petitioner should be prepared to respond with a mountain of evidence if they receive either a Notice Of Intent to Revoke (NOIR) the original petition, or a Notice Of Intent to Deny (NOID) a new petition. A sufficient response can prevent a petition from being denied or revoked, and avoid having to go through the I-601 waiver process.   When required, an I-601 must be filed with a USCIS lockbox facility.   http://www.uscis.gov...00045f3d6a1RCRD	JimVaPhuong	Male	Vietnam	2013-06-18 20:30:00
K-1 Fiance(e) Visa Process & Procedures	fraud prevention unit ( FPU)	Is that first child listed 8 years old, or 0.8 years old?   There's not nearly enough information here to guess why they placed your case in the FPU, but something about your case stinks enough for them to strongly suspect fraud. Whatever it is might NOT be in your documents. They might have uncovered something in their investigation.	JimVaPhuong	Male	Vietnam	2013-06-21 10:05:00
K-1 Fiance(e) Visa Process & Procedures	K1 visa DENIED - Public Charge - pretty outraged.	Smashing stroke of luck. I'm happy to read that some Senators do indeed act on behalf of the constituents. In California, the office of Senator Boxer was a compelte waste of time, never did anything other than to write me that my FIancee needed to prove that she has ties to her home country and this is on a K1 - so clearly they have no clue over there. Senator Feinstein did contact my Embassy but folded when they received the same denial letter that was given to my Fiancee. I have no Congresspperson until January when they get sworn in. Congrats on the second chance. That's funny about Senator Feinstein. She has introduced more private bills in an attempt to stop deportation and get green cards for illegal immigrants than all other senators combined. Some of those private bills have been successful. At appears Ms. Feinstein cares more about illegal immigrants than she does about legal immigrants. Your case doesn't require a private bill because you're not asking for an exception to the law be granted. Maybe you could get a little more action from Ms. Feinstein's office by attracting a little media attention to your case. I doubt she'd like the public knowing that she'll try to move mountains for illegal immigrants, but won't lift a finger for legal immigrants.	JimVaPhuong	Male	Vietnam	2012-12-13 12:51:00
K-1 Fiance(e) Visa Process & Procedures	K1 visa DENIED - Public Charge - pretty outraged.	Not sure if this will help, but plugging that URL into Archive.org's "Wayback Machine" brings up previous iterations. Here's one from last year: http://web.archive.o...ation/86988.pdf Ahhh! I completely forgot about the "Wayback Machine". Thanks! In comparing the two, it looks like the chapter didn't really change that much. They added paragraph "a" which just clarifies the authority that allows a consular officer to request and consider an I-134. INA 213 gives the CO the discretion to issue a visa to an alien who would otherwise be inadmissible for the "public charge" requirement if the alien posts a bond "or other undertaking". The new paragraph "a" defines an I-134 as an "other undertaking" under INA 213. Inserting a new paragraph "a" changed all of the other paragraph letters in the chapter, which is why most of the chapter was hilited as having been changed. Very little of the other text appears to have actually changed. In short, I don't think the recent FAM changes explain why the consulate in Naples is apparently refusing some K1's with joint sponsors. The FAM does define a joint sponsor as someone who submits an I-864, however, the FAM has always defined a joint sponsor that way. The FAM also does not make any specific reference to joint sponsors in cases where the CO cannot require an I-864, and requests an I-134 from the petitioner, but the FAM never really addressed the topic of joint sponsors with the I-134. These aspects of the FAM have never prevented consulates from accepting joint sponsors for K1 visas in the past.	JimVaPhuong	Male	Vietnam	2012-12-10 02:06:00
K-1 Fiance(e) Visa Process & Procedures	K1 visa DENIED - Public Charge - pretty outraged.	It appears that the Foreign Affairs Manual has recently been updated regarding the I-134. http://www.state.gov...ation/86988.pdf 9 FAM 40.41 N4.6-3, practically the entire chapter on the I-134 has been revised by a change transmittal dated October 10, 2012. Unfortunately, it never occurred to me to save a copy of the old version, but it does seem to be substantially different than I remember it. Anybody got a copy of the previous version of this section of the FAM?	JimVaPhuong	Male	Vietnam	2012-12-09 01:07:00
K-1 Fiance(e) Visa Process & Procedures	Question Regarding Period of Validity on Extend Approval Letter	I explained this in the PM you sent, but just for others reading... "9FAM 41.81 N3.1" refers to chapter 9 of the Foreign Affairs Manual, section 41.81, note 3.1. In actuality, there is no note 3.1 - there is only a note 3, and it doesn't apply to the period of validity. Note 6.1 and 6.2 apply to that. You can read every section in chapter 9 of the FAM here: http://www.state.gov...09fam/index.htm The referenced section is in "41.81 Notes".	JimVaPhuong	Male	Vietnam	2012-07-03 21:35:00
K-1 Fiance(e) Visa Process & Procedures	No, you CANNOT file a I-129F and marry while waiting.	QUOTE (Copperblade @ Jun 22 2009, 01:11 PM) <{POST_SNAPBACK}> QUOTE (bszoom42 @ Aug 23 2007, 01:53 AM) <{POST_SNAPBACK}> QUOTE (DVE7 @ Aug 23 2007, 01:44 AM) <{POST_SNAPBACK}> Can someone else confirm that this is true? Specifically, I want to confirm that it's OK to have a religious ceremony in my boyfriend's country - with my friends/family from the US present - and then apply for the K-1 to get married legally in the US? Are there any links (to the USCIS website or elsewhere) that would confirm this? This is exactly what we want to do, but I want to be sure it's possible before starting to make plans. Thanks! I highly doubt you will find links from USCIS explicitly condoning this. You need to be very careful with this, as this is a slippery slope, and the burden of proof lies with the visa applicant, not the consular officials. Yeah, I would like a confirmation on this. Having the religious wedding in her country is EXACTLY what we wanted from the beginning. But after speaking with a couple of lawyers it sounded like if you call it a marriage, it doesn't matter if it's legal or not, you won't get approved at the interview. One lawyer said just make sure you don't call it a wedding or say you are married. The other one got all preachy about being married in front of God and it being dishonest to say we weren't really married at the interview. Bleh. Whatever. The way it works in Indonesia is you must get married religiously first, and then register that marriage with the government. That would indicate to me that unless you register with the government, you're not technically married yet. That would be right. A lot of people do this, as long as you dont register in any way that makes you legally married in that country, you will be fine. If they do ask anything you can say that you had the religious ceremony over there so that friends and family could be there but you didn't get married on paper so that you can do a civil ceremony to fulfill the requirements once you get to the states.	Danu	Female	Canada	2009-06-22 12:14:00
K-1 Fiance(e) Visa Process & Procedures	Friend Pregnant	I'm not and didn't say the OP's friend couldn't try the AOS, however, the risk is related to the intent since the OP's partner is in the country via VWP. Whether that's related to the pregnancy specifically or something else, it's worth noting that they could potentially come under scrutiny and that would be on top of any issues related to the "extreme hardship" claim. I personally think that the pregnancy wouldn't be looked at as something that they intended to happen. She has gone to the UK to visit him 3 times in the last year. They have had plenty of time to get pregnant. My definition of extreme hardship doesn't seem to fit this situation upon further investigation. But it sure is going to be terribly hard for her.	I+H	Female	United Arab Emirates	2012-11-21 23:17:00
K-1 Fiance(e) Visa Process & Procedures	Friend Pregnant	This is not true - no accusation of this type exists. The person entered the country for a visit and now the circumstances changed. He is free to avail himself of AOS. OP - there is probably little to no risk of applying for adjustment of status now, but you haven't given all the facts of the case. We don't know if the beneficiary has a criminal history or was not actually eligible to use the VWP or anything like that. One risk no matter what is that if they are denied, there is no appeal. The USC needs to be eligible for the Affidavit of Support, or have a co-sponsor that makes enough. Her fiance is her on the visa waiver program. Does that make a difference. And if they went through with marriage and AOS and were denied, does that mean he could never come back? They could never apply for any other visa ever?	I+H	Female	United Arab Emirates	2012-11-21 23:06:00
K-1 Fiance(e) Visa Process & Procedures	Friend Pregnant	They could get married now, but it would probably be for the best for him to return to the UK while she files the petition for the CR-1 spousal. If they go through the AOS process now, there's the risk of being seen as getting pregnant on purpose. Also, if it's an extreme hardship, then financially, she would likely be better off going the spousal route (spouse would enter the country with the ability to work) if the costs associated with the K-1 process would be too much for her. I appreciate your response. Can you tell me what the risks are of getting married now and adjusting staus without him going back?	I+H	Female	United Arab Emirates	2012-11-21 21:43:00
K-1 Fiance(e) Visa Process & Procedures	Friend Pregnant	Your answer doesn't show appreciation. You asked a question and it was answered. Why ask on a public forum if all you want are only the feel good answers? No one is looking for feel good answers. I am looking for humanity, kindnesss. Is Thanksgiving not tomorrow? Do not presume what I appreciate and what I do not. And I ask on a public forum because I am still naive enough to believe that every single person in the world is good hearted.	I+H	Female	United Arab Emirates	2012-11-21 21:38:00
K-1 Fiance(e) Visa Process & Procedures	Friend Pregnant	Well the fiance could stay, marry and adjust right now. However, calling it "extreme hardship" is certainly not true. If she couldn't handle having another child then they should not have gotten pregnant at this time. There are many many single parents currently in the US, I don't think that this case is special that they could not wait the next few months to apply for the K1 visa if that was the route they intended to follow. I knew there would be a comment of this nature. Your comment is not helpful. I agree that getting pregnant is not what was best in this situation and they are both aware of that as well. The fact is that the situation exists now. And I don't know about you but I personally believe that what God wills will be and it doesn't matter if she had been cut tied and burned, she would get pregnant. Now as far as her circumstances go, extreme hardship would be the case and unless you have all the facts I do not think that is your decision to make. I do however appreciate your intial answer thank you for your time.	I+H	Female	United Arab Emirates	2012-11-21 21:28:00
K-1 Fiance(e) Visa Process & Procedures	Friend Pregnant	My friends fiance has been here visiting from the UK for the last month. My friend just found out that she is pregnant and her fiance is set to leave January 1st. They are planning to file for the K1. Considering the circumstances, his leaving would put her in the "extreme hardship" category as she already has 3 young children from her previous marriage. Can't they get married now and him stay? If she is left here alone this will be terrible for her.	I+H	Female	United Arab Emirates	2012-11-21 21:05:00
K-1 Fiance(e) Visa Process & Procedures	How long after 221g?	Thanks, I will try that option. I just hope they give me a specific answer, not like the one embassy gives us "your case is in administrative processing" and repeat it like robots. Government offices are known for those answers. I can't stand it either. Just try to be really direct in your questions. I really hope you two can get this resolved and be together soon!	I+H	Female	United Arab Emirates	2011-08-24 21:57:00
K-1 Fiance(e) Visa Process & Procedures	How long after 221g?	My fiance went for his interview 3 weeks ago. They gave him 221g yellow slip asking for more documents (co-sponsor). He was told to drop it off in the embassy drop box, so he did exactly 2 weeks ago. They did receive it. After that we heard nothing from the embassy yet. Does someone know how long it might take after the additional documents were submitted? There is no way to know really. It really just depends on the Embassy and their workload. I would hope that they would look at documents turned in concerning a previous interview and then continue with the rest of their stuff. But as I have found throughout this process, things don't always work in the most logical manner. You can try calling DOS and see if they have anything to say about it. Best of luck to you both!	I+H	Female	United Arab Emirates	2011-08-24 18:47:00
K-1 Fiance(e) Visa Process & Procedures	k1 marriage ceremony	Then explain this to the consular when the interview comes. Do you plan to attend the interview with your fiancee? No one has said you WILL be denied. What we are saying is that you MAY encounter some obstacles. It is highly recommended that symbolic ceremonies are held until after K-1 visa approval, just to avoid any confusion that may lead to lengthy AP or denial. I'm agreeing with this. I sat and watched 4+ hours of people being denied in Phnom Penh. About 5 out of 30 interviews that morning passed. 90 percent of k-1's were denied. The interviewing officer will be able to tell right away looking at the picture's if it was a wedding or engagement. They know the culture very well and will see that as a red flag. I don't know your age but since you brought up that law, If there's an age gap. They will really scrutinize her at the interview.They may see it as trying to skirt around that law. A question may be asked 3 times in different forms just to see if the same answer is given. If you're dealing with the Cambodian government, money talks. With the U.S. Consulate, you better have your stuff straight. If you have the money. Being there at the interview will help support the case. You would have time to gather more evidence. (Pictures, receipts etc) It might be an up hill battle if you're not prepared.	SupastarsaM	Male	Cambodia	2012-04-17 03:08:00
K-1 Fiance(e) Visa Process & Procedures	Cambodia k-1: Refusal Worksheet, case returned to USCIS	What's wrong with collecting screen shots with both parties in the picture having a chat submitted as part of the evidence? Not good enough? The fella needed some help and I suggested he do something that I did. My suggestion isn't good enough?	SupastarsaM	Male	Cambodia	2012-07-31 23:08:00
K-1 Fiance(e) Visa Process & Procedures	Cambodia k-1: Refusal Worksheet, case returned to USCIS	I've started video chat, but how would I prove this using FB Video Chat or Gmail Video Chat without any activity logs. Or do you recommend Skype for these records? Every time you chat, do a screen capture. It will save the image that you have on the screen at that time. I did that every time I was online with my wife. I printed those out and included it with the pictures. Good Luck. Sam,	SupastarsaM	Male	Cambodia	2012-07-31 15:29:00
K-1 Fiance(e) Visa Process & Procedures	Medical Exam Before Scheduling Embassy Interview	On the second day of her medical at St. Lukes, she will receive all of the vaccinations she needs in order to fulfill her visa requirements and also to fulfill her AOS requirements. More shots are not necessary. Also, when she goes for her medical, have her take a ball pen, because she will need it. Also take a coat because it's cold in there. And wear some comfortable shoes because she will be going up and down the stairs a lot. She might want to take something to read too. And make sure she takes a snack in her purse, because she may get hungry...manang guard will not check her purse. And go to St. Lukes in the early afternoon when the crowd thins out. One o'clock pm is just fine. It's not necessary to get there early and fall in line. I would also like to send thanks to the people who contributed to this post. This is very helpful for those who are also preparing once they receive their NOA2 (Approval). Tohoma, quick question, you mentioned before that we should also take the CFO seminar during this time (medical exam). Can you provide more info on this? Location? When to take and what is the procedure? Thanks again for all your help as always....	BB & MJ	Male	Philippines	2010-08-18 14:14:00
K-1 Fiance(e) Visa Process & Procedures	Pictures of I-129	Does anybody have any suggestions about how to send in the packet? Can anybody share any photos? just to give me an idea.... Thanks I attached my pictures to letter size paper with permanent double sided tape. Others said they scanned their pictures and printed them 2 or 3 or more on a page.	srloring13	Female	Nigeria	2013-01-22 15:59:00
K-1 Fiance(e) Visa Process & Procedures	Proof of education and degree	he does not need them for the interview but will in future so should plan on how to get that done. My hubby just left lagos this morning to his school to go request his transcripts and have it sent to a transcript evaluation agency for when it is requested by another instituition here. Which transcript evaluation agency did you and your hubby use?	srloring13	Female	Nigeria	2013-02-05 21:26:00
K-1 Fiance(e) Visa Process & Procedures	Lost boarding passes	Did your passport get stamped when u entered and exited the country? If so, I would send copies of the stamps along with the itineraries for support. Just make sure you send other evidence of having met such as pictures, affidavits from third parties, receipts from your trip, etc.	srloring13	Female	Nigeria	2013-02-13 21:05:00
K-1 Fiance(e) Visa Process & Procedures	Those who are still waiting... When was the last time you saw your fiancé (e)?	Last time I saw my honey in person was February 29, 2011 at the airport. With my new job not giving me any vacation until I have worked here a year, I don't think I will be able to go back until September. That will make 18 months apart...unless something great happens with his visa	Lilly Jathol	Female	India	2012-12-30 23:18:00
K-1 Fiance(e) Visa Process & Procedures	Who waits more	235 days since my case has been touched	Lilly Jathol	Female	India	2013-03-23 22:59:00
K-1 Fiance(e) Visa Process & Procedures	K-1 how to be cancelled by a beneficiary	Usually if you make no contact about your case for one year they will cancel it. They will send you a letter stating that is has been one year and it will be canceled if you do not contact them before a certain date.	Lilly Jathol	Female	India	2013-03-04 20:23:00
K-1 Fiance(e) Visa Process & Procedures	Confusion about DS-156 form (Juarez) [edited title]	I just noticed this says it expired May 31st. Is there another DS-156 form I can use? Also, it says nonimmigrant, so why would I have to fill this out? I was told my Mexican fiance would have to fill out both the DS-156 and the DS-156K. https://evisaforms.state.gov/ds156.asp Q: I just noticed this says it expired May 31st. Is there another DS-156 form I can use? A: I'm in the same boat as you. I also need to fill out DS-156 and I also noticed it expired. Others on VJ have told me to use that form (May 31, 2011) as long as it's the current one on the government's website on the date of your interview. And no, I have looked and looked for a version that is not expired and have found NOTHING. I also submitted a request on their website to update form DS-156 and NOTHING has been done...yet. Q: Also, it says nonimmigrant, so why would I have to fill this out? A: Technically the K1 Visa (aka Fiance Visa) IS a "Nonimmigrant" visa even though your fiance is coming to the USA with the intention to stay (immigrate). This is what the gov't website says about Fiance Visas "The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen." Q: I was told my Mexican fiance would have to fill out both the DS-156 and the DS-156K. A: Yes, both DS-156 & DS-156K in duplicate. I made 3 copies of each just in case. DS-156K is NOT expired and really easy and fast to complete. Have your fiance fill it in and print at least TWO (2) copies. DON'T SIGN DS-156K until the consul says so. BUENA SUERTE Edited by Alejandra y Mario, 12 June 2011 - 12:15 AM.	Alejandra y Mario	Female	Mexico	2011-06-12 00:12:00
K-1 Fiance(e) Visa Process & Procedures	Expediting K-1	Siskiyou, after reading your question I too wondered about that. My fiancee is also in the metro Manila area that was hit by the typhoon. I called the USCIS and inquired today. They told me that YES you may request a expedited process. They filed my request today on humanitarian reasons. That does not mean it will be approved but it is a valid reason to request. I pray your fiancee is safe and will remain safe in the upcoming typhoons that are still approaching. This is not just a question of weather of areas that have been declared calamities because of the flooding, the destruction, and the possible health issues yet to arrive. God bless and watch over you on your journey too.	Agingwolf	Male	Philippines	2009-09-30 21:42:00