Forum	Title	Content	Member	Sex	Country	Date/Time
IR-1 / CR-1 Spouse Visa Process & Procedures	I 864 tricky situation	Please help me with my situation: I have been filing joint tax return with my ex-husband for the past years. I didn't work and don't have any W2. I'm going to apply spouse visa for my current husband. I know I have to be a main sponsor for him, how do I report my income on I 864 form? Can I get tax transcript from IRA under my name alone? Will that be sufficient enough? I am so confused and don't know where to ask. You guys please help me. Thank you so much. if you are the petitioner ( wich i cant tell no timeline ) I doubt you would be able to get a taxscript with your name alone one it , since you had no income and your ex was the soul incomeholder when you filed joint tax returns , my guess is if you have no income now or fall below the povertyline you will need a co sponser who is above the poverty line and will sign the I 184 for you guys , but someone with more experience in that field might be able to help you more incase am wrong , good luck Lona	Lona.C.	Female	Canada	2007-08-12 08:18:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Medical Exam and Marijuana (Jamaica)	QUOTE (lisaf @ Sep 1 2007, 05:08 PM) <{POST_SNAPBACK}> Im really ####### at posting links, but I just googled and it is 90 days and does include weed. The reason I remembered this was because of the guy who turned up for his interview with a gold mary-jane leaf on a chain around his neck!!! DOH LMAO thats like an advertising right there , unless the dork thought immigration officers would see the mary jane leafe as the virgine mary , lol	Lona.C.	Female	Canada	2007-09-06 06:17:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Medical Exam and Marijuana (Jamaica)	QUOTE (thermophile @ Sep 1 2007, 04:42 PM) <{POST_SNAPBACK}> you can figure out what tests were ordered by looking at the lab sheet that they give you. HIV and RPR (an antibody indicative of syphilis) were the only tests requested. And while it is possible to test for drugs or metabolites in plasma, it is pretty expensive and uncommon. I'm not sure about Canada, but I know in the US you must sign a form consenting to a drug test or have a court order forcing you to get one. It's illegal for someone to test you without that consent. Absolutely deny drug use. And stop using at least till after you get to the States. I agrea canada doesnt do drug test , they didnt with me neather ( no pee in da cup ) and I did read everything 2 times before i put my signature on it , there was the regular drug questions and history questions , it is against the law to check for anything you have no knowladge off , ( invation of privacy ) thats why they ask you to be honest at the questionary you complete before you sign it	Lona.C.	Female	Canada	2007-09-01 16:02:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Received a letter from NVC requesting DS-230	Today I received a letter from NVC that says that I am missing DS-230 and I should send it to the NVC. "The NVC has received the requested Affidavit of Support form (I-864) for this case. However, we are still waiting for the Immigrant Visa Application (DS-230). Please submit the form according to instructions. If you need another form, please visit http://Travel.state..../info_1335.html to download a new form and complete instructions. It also has the page with the my case bar code. However, the letter does not include any DS-230 form as the letter mentions. The automated message when I call NVC also says that I am mssing some information. I am confused about this situation. Does this letter mean that my DS230 has been generated and that I can send it now. Or do I have to wait for something else? I have read somewhere that I need to wait until the NVC message says that they need the biographic information. Thanks in advance You can access the DS 230 form at the US Department of State travel website. This link will take you right to the page that you can access the form: http://travel.state..../info_1339.html. Send the completed form with the page that has the bar code back to the NVC. Good luck Hmmm I just filed out DS 156 , DS 156 K , and DS 230 this morning when I printed the forms the only one that had a barcode was DS 156 , does DS 230 supose to have a barcode too ??	Lona.C.	Female	Canada	2007-07-13 15:17:00
IR-1 / CR-1 Spouse Visa Process & Procedures	U.S.Citizen received disability from social security before marriage	QUOTE (skillyou @ Jan 6 2008, 11:31 AM) <{POST_SNAPBACK}> Hello all, i'm sending as i'm married to a U.S. Citizen wife who lived in the states and her source of income was payment from the social security as SSI (supplementary income ) for disability since childhood and she was used to receive that for about 3 years until we got married and as we lived in (egypt,my national country) we called to cancel that payment as i was handling all costs without problems.further she was used to receive medical care and free meds prescribed by her doctor in the states (and before marriage we lived together for 3 months and always used the payment to buy her the meds as she can't receive them overseas for free!). anyway,she had to go back to the states as we suffered a bit with doctors here as well as suffering for costs of these meds in here as she needed new examinations and probably change of these meds,etc...,in the embassy couldnt of course get something like visitor's visa to be with her for a while and they informed we have to go through all the path of immigration visa (which i believed it is the K-3 ONLY in the beginning before i even knew about IR1 or CR1).our marriage is about a year old now and she suffered alot after she was back with her family sometimes and with a residence place,etc... and i even can't contact her that much(except for the emails being short and insufficient as contact between me and my love of life while she is sick,lonely and really poor in there!!!),realizing the fact that she can't be back here easily as staying there means visiting her doctors who know her case frequently and receiving the high-cost meds for free as we surely won't be able to afford them here. anyway,i needed all suggestions as i believe she has sent out the documents for I-130 and i'm not sure if she received any response yet especially she got no premanent residence in there so far which makes it even more difficult. from searching online i knew that CR1 visa is shorter in time and i will appreciate any suggestion about an attorney who can handle it for reasonable fee either if I-130 approved or in any case.. i realize there is an affidavit of support which is the main issue of all the path after the petition ( I-134 for K3 or I-864 for the CR1)and as i believe she won't meet most of its conditions like poverty limit,etc... but i say that i can arrange a joint sponsor who is my uncle living in the states and is a U.S. Citizen as well as some friends who are U.S.Citizens and will have no problems being joint sponsors. please,if any of you here have any experience like that i will appreciate any suggestions and advices and i believe some of the people here are having good knowledge with the differences between visas K3 and CR1,processing times and such.. thank you all and sorry for explaining it so long but i just wanted to share every detail. YOU SAY your wife is U.S citizen , but yet this part where you say anyway,i needed all suggestions as i believe she has sent out the documents for I-130 and i'm not sure if she received any response yet especially she got no premanent residence in there so far which makes it even more difficult. is kinda confuessing if you could be more clear on your wifes status maybe someone with knowlage would be able to help you because correct me if I.m wrong but if shes not a U.S citizen she cant sponser a relative ??	Lona.C.	Female	Canada	2008-01-06 13:10:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Received NOA1 for I-130 but now panicking, pls help	QUOTE (carterlovej @ Jan 20 2008, 11:50 AM) <{POST_SNAPBACK}> After almost 4 months, I finally received the NOA1 for the I-130 application. I was so excited! For some reason, I browsed through the copy of the information package I sent in, and to my horror, I noticed that the second page of the I-130 form is not copied in the package. Now ... I did photo copy these by hand myself, so there is a (hopefully) good chance that page 2 isn't missing in the original. But my question: WOULD CALIFORNIA SERVICE CENTER cashed my check and sent me a NOA1 if this page was missing in my original submission package? And, if not, how can I find out if everything is correct???? I have been waiting so long already, I can't believe my own stupidity.... I belive they will cash the check when they resieve the file to start any process of the application , and if something is missing you will get a RFE , so I would waite and see if you get an RFE have the second page ready incase they ask for it in the RFE , good luck	Lona.C.	Female	Canada	2008-01-20 11:56:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Personal documents returned?	did you gave the original certificates at US entry ?? if so I could be wrong ( i realy hope I am ) but to my knowledge sorry to say but you wont get them back , ( maybe there is someone that knows if you could file a return file for it , ? ) I realy hope am wrong , and good luck getting the certs back	Lona.C.	Female	Canada	2008-02-06 11:07:00
IR-1 / CR-1 Spouse Visa Process & Procedures	DS-230 Anyone have a PDF that can be edited & saved?	QUOTE (MsZ @ Feb 29 2008, 10:08 AM) <{POST_SNAPBACK}> Thanks. I've got Acrobat somewhere at home... but it is several revs behind. I wonder if I'll run into trouble... I wonder why the State Dept. does it this way and USCIS does it another... kind of annoying and not user-friendly. they do it this way for security reasons , if you update your acrobat it should work , if not you should be able to save the file on your documents ( thats what I did I saved it on documents then printed double copies off everything from the saved file before deleting it , it workd great ) good luck	Lona.C.	Female	Canada	2008-02-29 10:14:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Travel to Canadian Side - Help!	QUOTE (Steve Y Jessica @ Jul 18 2008, 10:04 PM) <{POST_SNAPBACK}> OK, I just read more on the Canada website. It appears she does not. The following do not need a visa: persons lawfully admitted to the United States for permanent residence who are in possession of their alien registration card (Green card) or can provide other evidence of permanent residence nope she wont need a visa as long as she can prove of permanent residence here in the states am german citizen lived in canada for many years , i got kids in canada all i show when we visit my kids is my GC and my german passport , never got any problems ( here its differant then if your a permanent resident in canada ( wich I was before moving to be with my husband ) , for canadien LPR to travel to US you need a 90 day visiter visa (green I 90 ), but if your a US LPR and vist canada all you wont need the I 90 , all you need is your passport with GC ( or like other people here said the stamp )	Lona.C.	Female	Canada	2008-07-19 08:55:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Travel to Canadian Side - Help!	QUOTE (PatiencePaidOff @ Jul 18 2008, 12:10 PM) <{POST_SNAPBACK}> QUOTE (Mononoke28 @ Jul 18 2008, 11:33 AM) <{POST_SNAPBACK}> Diana That means NO issues... Additional comments, please !!! am not sure how it works in your case , but in my case i came on a k1 visa and had to aply for a I 131 ( advanced parole for travel ) when i aplied for the AOS , and couldnt travel till i had the I 131 , or the GC but maybe its differant in your case and someone can help you more , this is just my experience	Lona.C.	Female	Canada	2008-07-18 11:34:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Need advice ASAP...divorce after husband arriving here	am not sure if this is the same for russia as it is for germany , but when I got divorced in canada from my ex , I had to get a seal from canadien gov and send it to germany so they where able to legalize the divorce in germany and close the file there too ( had I not done that my now marriage in the US could have been voided , since Germany was the place where we got married so if russia has simial laws when you got married there , I would contact the russia consulate and see if the divorce is finalized by international law if you get it here in US and you got married in russia	Lona.C.	Female	Canada	2009-09-21 11:37:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Interview in 5 days, need medical info please	Yes, i can't open it. Why do I need a vaccination sheet? oh sorry just noticed you are cr1 so the vaccination sheet is not needed since you dont have to file AOS ( vaccination transcripts are needed for K visas when filling AOS ) sorry about the missinfo	Lona.C.	Female	Canada	2010-02-11 08:14:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Interview in 5 days, need medical info please	All I got was a large sealed envelope (with the Xray in it) - I called the doctor and he said he put all the documentation that is needed in there and that there is nothing more required. I don't have anything seperate. does the envelope got a stamp on it that says " DO NOT OPEN " if so i would call the dr again and ask for a copy of the vaccination sheet	Lona.C.	Female	Canada	2010-02-11 08:00:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Interview in 5 days, need medical info please	Just called the Doctor's office, they said that they put all the documentation in the big Xray file and there is nothing more to collect?! I guess they don't put them in seperate ones here! some countries gets the medical send dirrectly to the embassy does your envelope say DO NOT OPEN ? did they give you a copy of the vaccination sheet ? if not you need the copy of the vaccination sheet ,	Lona.C.	Female	Canada	2010-02-11 07:16:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Don't think I have the stregth for this	am sorry about your condition I lived in 3 countries and seen in all , the thing that brings people down they feed into other peoples bull , why bother reading or listening to what others do who cares if the world is messed up , we have to live life to the fullest no mather what comes down the pipe I dont meen that in a bad way but if we all just listen to others beach and moan on how they dont like immigrants to be here ( meanwhile they have no idea on what it takes to become a legal immigrant and as a legal immigrant we have as much right as a USC exept voting and a few federal things but we can even join the army as a LPR yes we are immigrats but we are legal ) it is always up to us how we see the stereo types and to learn to block out ignorant people who like to hear them selfs talk , my advise is dont read stuff how they trash immigrants this doesnt concern you if you go trough the process with USCIS , dont listen to peoples bull when they have no idea what its like to become a legal immigrant and they see the word immigrant and automaticaly comingle legal and elagel they dont know any better , like I said they like to hear theyr own voices when they talk , you got to try to take it easy maybe seak help from a psychologist where you can talk openly on how you feel , cose if you cant find peace within your self , no one will be able to convice you that life is actualy good if you dont read or listen to gossip ,	Lona.C.	Female	Canada	2010-02-18 08:15:00
IR-1 / CR-1 Spouse Visa Process & Procedures	After Visa, do i need to keep all of the paperwork?	I kept everything , am not sure if I'm going to go for NATS but incase i do , I know I need that info from when i first came here , so meanwhile it will collect dust in a box till time comes when i might need it ,	Lona.C.	Female	Canada	2010-02-24 13:29:00
IR-1 / CR-1 Spouse Visa Process & Procedures	process of removing conditions on greencard..	its rare to get an interview ,but it did happen and interviews are usualy chosen at random , no real timeframe as to know when the interview would take place if a interview is given , another thing is you have to keep in mind he will need another biometrics done ( they usualy give a bio date within 1 month of sending the file ), sure you could ask for a later date but it would be USCIS choosing the date	Lona.C.	Female	Canada	2010-03-04 11:35:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Green Card for a baby	Good Day VJs.. I was just granted my visa few days ago. I want to ask about our baby. He was born after I started my green card application and before it was issued. What to do now? How can I get a green card for him? Does he need an interview or medical? Thank you in advance if the father is your spouse and sponserd you why noy aply for the babies US citizenship	Lona.C.	Female	Canada	2010-03-16 08:20:00
IR-1 / CR-1 Spouse Visa Process & Procedures	USC Hubby abandoned us (again) - CR-1 Visa and CRBA Approved	CR/IR VISAS ARE SINGLE ENTRY VISAS WITH 6 MONTHS EXPIRATION DATE. YOU USE IT ONCE AND THAT'S IT. AGAIN SINGLE ENTRY VISAS from what I see here it is multiple entry http://www.visajourn...mp;page=compare	Lona.C.	Female	Canada	2010-02-18 14:45:00
K-1 Fiance(e) Visa Process & Procedures	I-129f process waiting time	I thank everyone who replied on my question you been very helpful. Now I have to bug you guys for another question, does anyone here know how to obtain a police certificate in montreal , I calld the R.C.M.P they said they dont do this process anymore to call the local police department , which I did they said they dont do it neather , do I have to waite for the US consulate to tell me where to go when they resive the pakage ,or can I obtain a police certificate before the visa process is started , and where can I go for it ? and how much would it cost ?	Lona.C.	Female	Canada	2007-03-29 15:23:00
K-1 Fiance(e) Visa Process & Procedures	I-129f process waiting time	March 28, 2007 Hello ! I have a question concerning the I-129f visa I met my fiancé for real in august 2004 we applied for the I-129f visa in Vermont I’m from Canada he is US citizen we just got notice in mail saying it was received and its pending now to check status on line , which we did , now on line it states that they are processing applications received in sep 2006 before they can process any resent applications my question is how long does a person have to wait before they can process applications received in march , when they just process applications from last sept 2006 ? I did read here that many applicants who send the application to Vermont took around 5 month from first send until they had the interview date , I mean that sounds great and relative fast but am wondering how can the whole process take 5 month when the on line official US immigration site state they just review cases from last year ? Any reply would be appreciated LonaD Ps: here is the site for the process https://egov.immigra...eviceCenter=VSC	Lona.C.	Female	Canada	2007-03-28 11:21:00
K-1 Fiance(e) Visa Process & Procedures	waiting time I-129f	Hello.....Can someone please tell me the average response time from the NOA1 to the NOA2...My fiance and I just applied on March 14...received NOA 1 on March 21...My question is what is the average wait time until we hear from Vermont on the NOA2?? Any answers would be appreciated. Thanks LonaD.	Lona.C.	Female	Canada	2007-04-17 20:23:00
K-1 Fiance(e) Visa Process & Procedures	Dual Citizen is this a problem?	Hi there well my adivese since I'm in the same boat as you, I'm german citizen from birth and permanent resident of canada since 1990, I have my permanent resident card stating how long i been in canada, on the question about citizenship i wrote german/ permanent resident of canada , and made copies of all suporting document i have requarding that supject , included it with the application , as to if that works i cant tell you ,since i still waite for the noa2 , but i hope I was of any help Hi everyone I have a question,I filed the I129F and the G325A pack and was worrying about something. I am a dual citizen (British and German) and when we filled out the forms for the G325A etc we wrote in Citizen: German thats it. Now I am German and was born in Germany and have a German passport so I did not really do a mistake. Now my worry is that we should maybe of written on an extra sheet "British Citizen also" or something like that??? So how do I do this for the Interview? Cos I have to submit copies of all pages of my passport,do I make copies of both just incase?? I dont want to be in trouble for fraud or anything of that nature. When I travelled to the US I always used my German passport. what do you guys think I should do? Just dont say anything? Cos when I get the AOS and maybe that could be a problem...	Lona.C.	Female	Canada	2007-05-04 07:06:00
K-1 Fiance(e) Visa Process & Procedures	What is a certified copy?	I know in canada you can get your copy of birthceritficate certified from your family doctor , your bank , a accountant , a laywer or a Notary all you have to do show the copy and the original I dont know if thats posible where your at , but you can call them and ask if they certify documents , hope that helps , Lona :star:	Lona.C.	Female	Canada	2007-06-16 14:37:00
K-1 Fiance(e) Visa Process & Procedures	some helpfull info	I thought to post this info , it might help with some questions , it sure helpd me understand the process of my k1 more ,I know its a half book to read but it explains the process of the k1 , I also past the k3 for people with k3 applications hope it helps to get answers to some questions Fiancee Visas Introduction If you are a U.S. citizen engaged to a foreign citizen and you are considering marriage, the K-1 visa is likely your best choice for bringing your fiancee to the U.S. to live permanently with you (in fact, it was created exactly for persons in your situation). The K1 Visa allows you to invite your fiancee to America for a period of 90 days, during which time your fiancee must either marry you or return to her home country. No extensions of the time period are permitted. You and your fiancee are not required to marry if things don’t work out according to your expectations. If you do not marry your fiancee, you will not be precluded from making a future Fiancee Visa application (although you will have to file an IMBRA waiver if you want to file within two years of the first petition’s approval). Your fiancee will not be precluded from receiving another visa in the future. Permanent residents of the United States are not eligible to file for a K-1 visa. Criteria for Approval In order to qualify for a Fiancee Visa, you must meet the following main requirements: You are a U.S. citizen You have met your fiancee within the previous two years You and your fiancee are both legally free to marry You and your fiancee both have a serious intention to marry within 90 days of your fiancee’s arrival in America. Meeting Requirement: Exceptions There is a provision in the law that may exempt the petitioner from the meeting requirement "if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the K-1 beneficiary's foreign culture or social practice, as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day." INA § 214.2(k)(2). Unfortunately, such waivers are very rarely granted by the USCIS. The "extreme hardship" exception has been interpreted by the USCIS to mean something very close to "impossible". It generally is available only to people who are so disabled that they can't fly at all. As for the second grounds for a waiver, very few people qualify for this exception, and those that do often have a difficult time proving it to the government's satisfaction. U.S. Citizenship and Immigration Services (USCIS) Phase To begin the Fiancee Visa process, the petitioner must first submit an application to the USCIS. The petitioner and fiancee will need to file numerous forms and documents with the USCIS in order to prove that the petitioner and fiancee qualify for the K1 Fiancee Visa. The waiting time for the USCIS to approve a K1 visa can be anywhere from two weeks to seven months, depending on the backlog of similar cases pending approval in the USCIS Regional Center. The case can be further delayed by an error in the petition, which typically doubles the normal waiting time for visa approval. An error in the petition will cause the USCIS to send the petitioner a Request for Additional Evidence ("RFE"). U.S. Embassy / Consulate Phase Once approval has been received, the case is transferred to the Department of State's National Visa Center where a background check is begun on the fiancee. The NVC then forwards the case file to the U.S. Embassy or Consulate having jurisdiction over the fiancee's petition. Once the documents have been received by the Embassy, and the State Department’s background check on the fiancee has been concluded, the fiancee will be instructed to undergo a medical examination at a designated local clinic, and to appear at the U.S. Embassy for presentation of several new forms and numerous supporting documents and to undergo an interview with an Embassy Consular Official. If the paperwork is all correct, and there are no problems in the interview, the visa will be issued on the same day as the interview or, in some embassies, in the week following the interview. The fiancee is then free to travel immediately and directly to the United States. Possible problems The K-1 visa is a highly reliable visa if done correctly. Nonetheless, about half of fiancees fail to receive their visa on the day of interview (our firm has a 97% success rate for first day issuance, and 100% eventual success). Failure to issue the visa on the day of the interview can lead to lengthy and grueling delays (we have to go through it every once in a while ourselves, and, believe us, it is not pleasant), and possible denial or return of the petition to the USCIS for “administrative review” and possible revocation. Some of the more common issues that can lead, alone or in combination with other problems, to a denial/failure to issue are: 1. Missing documents 2. Incorrect paperwork 3. Insufficient income/savings of the U.S. citizen sponsor 4. Very large age difference between the couple 5. Fiancee can not obtain written consent from the ex-husband for their child to leave the country 6. Poor English skills of fiancee 7. Couple hasn’t spent enough time together in person 8. Couple lacks sufficient evidence of recent day-to-day contact 9. Fiancee interviews poorly and the consul doubts that there is a bona fide relationship with the U.S. citizen 10. Fiancee has relatives or friends in the U.S. who seem to be taking too large a role in match-making 11. Fiancee was previously in the U.S. and overstayed the visa 12. The U.S. citizen has previously sponsored a foreign national for a green card and the U.S. citizen can not prove that the foreign citizen maintained lawful status 13. Fiancee has a criminal record 14. Fiancee has a serious, contagious illness (such as AIDS, tuberculosis, etc.) 15. Fiancee commits a misrepresentation during the interview (or so it seems to the interviewing officer) 16. Petition includes a document that is deemed to be fraudulent As a general question, the first five problems listed above will result in the Embassy holding the case to see if the petitioner and/or beneficiary can cure the problem with additional documentation or through a second interview. If they fail to do so, the case is sent back to the USCIS. Delays in such cases typically are measured in weeks rather than in months. Problems 6 through 10 above, which controvert the genuineness of the relationship between the couple, are typically sent back to the USCIS for administrative review/revocation or are sent to the Embassy’s Anti-Fraud Unit, which will assign an investigator to go to the fiancee’s home town and interview friends and neighbors to get a better idea of whether the couple’s engagement is for real. Delays in such cases typically exceed six months. Problems 11 through 16 above involve issues that render the beneficiary excludible from the U.S. as a matter of law. In some cases, however, the Embassy will entertain an argument on the facts that the beneficiary is not excludible (we have done this, for example, with clients that had a criminal conviction that we were able to convince the Embassy was not a crime of “moral turpitude” as defined by the U.S. Immigration and Nationality Act). If the Embassy decides that the beneficiary is excludible, an “extreme hardship” waiver is usually available, although such waivers can be difficult to obtain. The typical I-601 Application for an “extreme hardship” waiver takes four to six months to process. Visa Status in the USA A Fiancee Visa is a temporary visa, but one that can be readily converted to a permanent visa after the marriage occurs in the U.S. Once married, the U.S. citizen can obtain conditional permanent residence status for his/her new spouse by filing an I-485 petition with the U.S. government. Several months later (the length of the wait varies considerably on where you live in the country) the couple is called into the local USCIS office for an interview, and a two year "conditional" permanent residence card is issued shortly thereafter. One year and nine months after the conditional permanent residence card was issued by the USCIS, the couple may apply to remove the condition and receive a 10 year permanent residence card. Three years after the foreign born spouse received her first green card, she is eligible for citizenship. K-1 Visa Frequently Asked Questions (FAQ) 1. Can I marry my fiancee overseas and still bring her on a K-1 visa. No. K-1 visas are available only to persons who are planning to be married. If the marriage occurs, you will have to file an I-130 Relative Visa petition for your spouse. The one exception to this rule is that if the marriage was religious or social ceremony only, and the marriage wasn’t registered with the local government, a K-1 visa may be issued. 2. My fiancee is in the U.S. on the K-1 visa I obtained for her, but I’m not sure I’m ready to get married. Can I extend my fiancee’s K-1 visa? No. The K-1 nonimmigrant status can neither be extended nor changed. If you don’t get married within 90 days of the K-1 status validity period, your fiancee will have to leave the US. This is a very strict law in US immigration and there are no exceptions. 3. My fiancee was in the U.S. on the K visa, but our relationships didn’t work out at the time and she went back to her home country. We have been in touch since then and now want to start the K-1 process again. Can I still petition for her? Yes, but if you want to apply again within two years of the first petition’s approval, you will have to file for a waiver of the provisions of the International Marriage Broker Regulation Act of 2005 (IMBRA). Your fiancee must also be prepared to explain to a consular officer why your relationship didn’t work out the first time and why you both are certain that it will lead to marriage the second time. It must not appear to the Embassy that you are using the K-1 visa as a way simply to bring your girlfriend on trips to the US. So the case to show “intention to marry” has to be particularly strong. 4. My income level is too low to qualify as a sponsor under the government’s rules. Is there any way to avoid this requirement? No. You can’t avoid the sponsorship requirements. However, it’s possible to find a co-sponsor to help with you with this problem. The co-sponsor must be able to meet all the government’s financial and document requirements just as though he or she were the sole sponsor. You must submit all your forms and documents as well, even if they show a low level of income. 5. When I marry my fiancee while she’s in the US on the K-1 visa, will she have to return home after the marriage? No. Your wife will not have to leave the U.S. You will, however, have to apply for adjustment of status to permanent residency for your new wife so that she can lawfully remain in the US. 6. I sponsored my ex-wife’s K-1 visa for the U.S. and she eventually became a permanent resident. Unfortunately, our marriage didn’t work out and we were divorced. I have recently met a lady outside the U.S. and would like to bring her to America on the K-1 fiancee visa. Can I do this? Perhaps. Congress passed new rules effective March 6, 2006 that state that a petitioner must wait two years from the filing of a prior K-1 visa until a K-1 visa may be issued to a second fiancee. If you can’t wait, a waiver based “extreme hardship” may be possible, although not if a petitioner has a record of violent criminal offenses. If you get by these hurdles, you will nonetheless have to convince the Embassy that your previous marriage was not a “sham” marriage. You also must provide documentary proof that your ex-wife either left the U.S. or lawfully adjusted her status to permanent residence. 7. My fiancee has been denied a B1/B2 visitor visa for the U.S. before. Will that affect our current K-1 visa petition? In most cases, no. If your fiancee did not misrepresent any material fact during the B1/B2 visa interview, she will still be eligible for a K-1 Visa. 8. My fiancee has a valid B1/B2 visitor visa for the US. Is she allowed to come to America while my K-1 visa petition for her is pending with the U.S. immigration authorities? Yes. She is allowed to enter, but she may face difficulties entering because she has to convince the immigration officials in the airport that she has no intentions to stay in the U.S. permanently. She has to show “dual intent” – to stay for a short period on the current B1/B2 visa even though she intends to eventually stay permanently in the US on the K-1 visa. It’s a tricky situation – especially since many immigration officers falsely assume that the pending K-1 visa prevents B1/B2 entry – but we have helped many people get through this situation successfully. 9. My fiancee was denied entry to the United States some time ago. An immigration officer at the port-of-entry said that the history of her previous visits showed that she had been spending the most of time in America rather than in her home country. Will that affect our pending K-1 visa petition? No, it should not. If an officer’s decision was based solely on the fact that your fiancee had used her visa to spend the most of her time in the US, then it won’t substantially impact your K-1 petition. 10. My fiancee has been to the U.S. as an exchange J-1 student before and is a subject of 2 years home residency requirement. Is there any chance to bring her to the U.S. on a K-1 fiancee visa without waiting until the above requirement is fulfilled? Yes. However, the chances are very slim indeed as this type of waiver is very difficult to obtain. 11. My fiancee has overstayed her visa before. Is she eligible to come to the U.S. on the K-1 fiancee visa? It depends. If she overstayed her prior visa by over a year, she is barred from re-entering the U.S. for ten years (although an “extreme hardship” waiver is possible). If she overstayed her prior visa by six months to a year, she is barred from re-entering the U.S. for three years (again, an “extreme hardship” waiver is possible). Shorter overstays will cause less severe problems, and can often be overcome. 12. I have recently met a lady online, but am unable to travel to her country. Is there anything I can do to avoid this requirement? Probably not. There is a provision in the law that may exempt you from the meeting requirement "if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the K-1 beneficiary's foreign culture or social practice, as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day." Unfortunately, such waivers are very rarely granted by the USCIS. The "extreme hardship" exception has been interpreted by the USCIS to mean something very close to "impossible". It generally is available only to people who are so disabled that they can't fly at all. As for the second grounds for a waiver, very few people qualify for this exception, and those that do often have a difficult time proving it to the government's satisfaction. Marriage Visas K-3 Visas Advantages of the K-3 Visa If you are married to a foreign national residing overseas, or are considering such a marriage, the K-3 visa offers you an opportunity to shorten the normal waiting period before your spouse may enter the U.S. Visa Petition Processing Two separate petitions must be filed in order to obtain a K-3 visa. First, the standard I-130 Petition for an Alien Relative must be filed with the USCIS, and a receipt notice for the petition received (this usually takes about two weeks). Then, the K-3 petition is filed with the USCIS as a means to request the government to allow the spouse to enter the U.S. while the more time-consuming I-130 petition is pending. The two petitions are rather similar in terms of forms and documentation, but they have two completely separate lives as they go through processing, and there are different rules that apply to each (for example, the visa interview for an I-130 must take place in the beneficiary’s home country, whereas the K-3 visa interview must take place in the country of marriage). Although the typical I-130 visa takes about nine months to process through the various government agencies (USCIS, NVC, and Embassy/Consulate), and the K-3 visa usually only about five months, the I-130 is occasionally approved first, which will render the K-3 visa void and require that the I-130 only be pursued to obtain entry. In the more common scenario, the K-3 is approved a few months before the I-130, and then the I-130 petition is rendered largely irrelevant. The beneficiary enters the U.S. on the K-3, and adjusts status to lawful permanent residence without having to leave the U.S. or otherwise be concerned with the I-130 petition. K-4 Children Unmarried children under 21 years of age qualify for “derivative status” from parent, gaining the same rights as the parent from the same petition, and may travel to the U.S. with the parent upon visa issuance. However, a derivative child who was 18 or older at the time of the parent’s marriage to the U.S. citizen can NOT obtain permanent residence status in the U.S. Such children must leave the U.S. after the two year K-4 visa expires (unless they qualify for another visa, such as a student visa) and wait for the immigrant parent to gain permanent residency and be able to petition for the child. Even then, there is a several year wait for a priority number before being able to receive the visa. Adjustment of Status - Obtaining the “Green Card” After arriving in the U.S., most K-3 beneficiaries quickly file an I-485 Application to Adjust Status to obtain lawful permanent resident (“LPR”) and to advance their integration into American society (this procedure is also known as applying for a “green card”). The application is form and document intensive in much the same way that the I-130 and K-3 petitions are. The sponsor of the spouse must meet the somewhat stricter I-864 requirements for minimum income to support the alien. The final decision as to whether the foreign born spouse qualifies for LPR status is made by an immigration official during the adjustment of status interview. Almost all married couples are obliged to attend the interview to convince the immigration authorities that their relationship is based on real love and that they have a bona fide marriage. If you successfully pass the interview, your spouse will receive the actual green card in mail within about 30-60 days. Work Authorization K-3/K4 visa holders are allowed to work in the United States while the alien relative petitions are pending. Employment authorization may, as a matter of law, be provided by border enforcement at the time of entry into the U.S., but in most cases it is not, and the beneficiary must file a form I-765 application for employment authorization after entry. It’s usually a good idea to file for the employment authorization document (“EAD”) even if the beneficiary doesn’t intend to work immediately, because the EAD is often required to obtain a social security card which in turn is necessary to receive a driver’s license in most states. Travel Privileges The K-3 and K-4 visas are multiple entry visas, which means that there is no need to apply for any additional permission to travel outside the United States while the application for permanent residence is pending. A K-3/4 visa holder may travel outside the U.S. without worry about needing Advance Parole or other travel document to return to the U.S. Removal of Conditions If your spouse is granted her/his permanent resident status before you are married for two years, she or he will receive a conditional or a temporary permanent residence status. The “condition” on your spouse’s permanent residency will need to be removed later by filing an additional joint I-751 petition. The “conditional green card” is good for 2 years, and you must file your petition to remove conditions a few months before your spouse’s temporary green card expires. Citizenship A person who obtains LPR status by virtue of marrying a U.S. citizen is eligible to apply for U.S. citizenship three years after first obtaining LPR status (whether conditional or not) rather than the five years required by most other green card holders. Direct Consular Filing (DCF) In some countries, an I-130 visa for a spouse may be filed directly with the US Embassy/Consulate that will interview the foreign spouse to issue the visa. This typically greatly reduces the waiting time to receive the visa, requiring in most cases less than two months from beginning to end. In such cases, the petitioning US citizen gets married overseas (or is already married) and files the same I-130 petition with the Embassy that normally is sent to the USCIS in the U.S. A CIS officer in the embassy reviews the file, and if “clearly approvable”, forwards the case to the consular section within the Embassy for interview scheduling. The US citizen does not have to remain “in country” at all after this filing takes place. Most US embassies have strict residence requirements on the US citizen that must be met before they will accept a DCF case. A typical requirement, for example, is that the US citizen has resided continuously in the local country for six months, or has a specific level of legal residence or work status in the local country. Thus, in most countries overseas only U.S. workers or servicemen stationed overseas as a practical matter may take advantage of this highly convenient arrangement. Some US embassies (for example: Kyiv, Stockholm), however, take a more liberal approach, and will accept the I-130 petitions from the US citizens regardless of their place of permanent residence. So, a US citizen may fly into his fiancé(e)’s home country, get married, and go directly to the US embassy or consulate that handles immigrant visas and file the I-130 petition. A CIS officer stationed in the Embassy reviews the petition often on the first day, the spouse is given the required preparation materials for the interview, and the interview is scheduled for a few weeks later. After the (successful) interview, the new wife/husband enters the U.S. where (s)he is immediately given conditional permanent residence status. The various embassies change their policies with regard to DCF often (maintaining an up-to-date listing of embassy policies on the web is therefore a near impossibility) and therefore great care must be made before making marriage and travel plans before embarking on the DCF plan. Waiting times for DCF cases that our office has filed have varied from two weeks up to four months total waiting time, with the average wait being about five weeks.	Lona.C.	Female	Canada	2007-06-28 09:19:00
K-1 Fiance(e) Visa Process & Procedures	is there a way to stay in the U.S while I 129f is in process ?	If you married while the K-1 is being processed you wont be a "fiancee" that is a requirement of the visa, to use visa to enter USA and then marry, if you marry before, then you can forget about the K-1 and then start over with a K-3 or CR-1 visa petition. You could "Visit" while it is being processed, just don't overstay the visit, Canadian citizens are allowed up to 6 months visit. Also Filing for adjustment of status by visiting, marriage, and then AOS, is also not an option because of the K-1 petition, doing that would be text-book visa fraud. Thank you for the reply , I know about the rights to stay as a visitor for 6 month as canadien citizen , but my case is a lil differant , I am german citizen but canadien permanent resident since 1990, so beeing that I'm still german resident I have all right as a canadien citizen here in canada , but when it comes to travel each time I visit my fiance in the states I have to travel with a visitor visa wich is good for only 3 month , then we make sure i usualy stay in canada longer then in the states ( for exmpl 2 weeks in the states 3- 4 weeks in canada and so on ) so from what I gather there is nothing we can do but waite and waite and waite ?	Lona.C.	Female	Canada	2007-06-27 09:45:00
K-1 Fiance(e) Visa Process & Procedures	is there a way to stay in the U.S while I 129f is in process ?	Hi everyone as you can see from my timeline I been with my fiance since 2004, filed the I129f in march , first they got my fianes adress wrong when they send an RFE , ( even thought they had it right for the NOA1 then finaly we resived the RFE after one an half month wich we send 3 weeks ago , as to this day we still have not heard Peep about our aplication process,nothing in mail or on line, as for calling them all we get is the machine saying everything that we see here on our on line account too ,as soon as we give our case number no life person , now my question is ( i read about the Cr1 and K3 visa ) is there a way my fiance and I could get married and for me to stay with him in the states while the k1 is in process? if so can would we be able to use the same i 129 or would we have to start all over again ? and is there a way for me to go to the states and stay with my fiance without being concidert a elegal immigrant , or overstaying the visitors visa ? cose yes we are able to waite if we have to but my god this is nerveracking , not hearing anything , while i read here many who filed after us already got theyr NOA 2 aproved month ago , any help on how i can stay in the states while this snail moving process is goin on ( if at all possible ) , is apreciated thank you Lona	Lona.C.	Female	Canada	2007-06-27 09:13:00
K-1 Fiance(e) Visa Process & Procedures	E-2 work visa during K-1 application process	I belive you can just continue the same rout your goin now , cose your fiancee will be able to file for the E 2 at the same time when she files for the AOS and AP ( if she needs AP ) thats after you she arrives in the states and you guys are married , I could be wrong ... Lona	Lona.C.	Female	Canada	2007-07-09 13:31:00
K-1 Fiance(e) Visa Process & Procedures	filling address in G-325A	My fiancee studied in London, England for some years. She worked illegally outside of her school during that time. This is within the last 5 years and therefore, counts as one of her residences in the last 5 years. She went back to her country towards Oct/Nov 2005 and has been living there since then. Should we mention her UK addresses? We are now in a dilemma - Will USCIS or US Embassy will reject the K1 approval based on her illegally working in the third country (in our case UK) ? Any help is very much appreciated. Timeline: Hoping to file I-129F petition soon for_luck, One should complete the form exactly - gaps in residence can be cause for RFEs. I agrea with karin REF's can be time consuming , and ( as in my case they can mix up your adress even though they had it right for the NOA 1 , so you have unessesary extra waite ) and another thing is they do a background check where all the adresses might pup up somewhere anyhow ( since she was a student they probly still got records in the uk )	Lona.C.	Female	Canada	2007-07-18 13:08:00
K-1 Fiance(e) Visa Process & Procedures	expedite for active duty military possible?	Has anyone seen any favoritism shown to active duty military who apply to get a K1 Visa? I'm not sure if they will help the process go faster for military or not. Would it be inappropriate to include photocopies of my military ID with my I129 package?? JCochranUSN, As stated above - to be considered for expedition, a petitioner must be not only active duty, but have deployment orders (for those who don't know, deployment as in war/conflict zone). Active duty alone does not qualify. sorry this is not a reply to the post , just saw Karin and otto signature and want to congratulate them on the aproval and theyre wedding , CONGRATULATIONS OTTO AND KARIN	Lona.C.	Female	Canada	2007-07-09 09:09:00
K-1 Fiance(e) Visa Process & Procedures	Living with fiancée while waiting for K1?	I travel on tourist visa i 94 to see my fiance all the time , I know its good for 90 days , but I also been told to make sure to never stay longer in the states as to where I live in canada they told me in a period of 1 year I have to prove that I spend over 180 days in canada ( wich I do ), as that would be considert visa fraud if I stayed longer in the states then in canada , now my question how can someone stay longer then then they supose to without breakin the law ? wouldnt you be breakin the law if you crossed the border for few days then apply for a new i 94W ?? ( I got my iformation from the borderguards ) ... Lona	Lona.C.	Female	Canada	2007-07-17 15:55:00
K-1 Fiance(e) Visa Process & Procedures	Duplicating the I-129F Package?	Try to read ahead what kind of information you will be required for the packet 3 or 4 so that you have a plan for it. (and if you can try to make now those copies) Best luck in this journey. Call me naive but what are packets 3/4 etc? Obviously we have just sent off the first batch of evidence/I-129F/G-325A etc but are we required to mail more things to various places or do I just have to take a bunch of stuff to interview eventually? congratulations on your desition , You made the first step for I 129f , from now on I would copy everything that you have to print, and collect resives phone bills boarding passes all efidance of ongoing relationship , your petition is at the uscis center , from there you get a notice 1 ( NOA 1 ) once they cash your check , on that notice you have your case number , now you can open a e mail account on uscis homepage where you can check status with your case number , second step , if they dont require more effidance the case gets aproved you resive NOA 2 ( very IMPORTANT to keep this document save , you need it in the future after your married to file for green card ) then the case goes to NVC ( national visa center ) they send a note saying they forward the petition to your fiances consulte , there is a new case number on it wich is your fiances number for her home countrys consulate ( her own case number for interview ) , once your fiances consulate resives the file they send your fiance the 3rd package wich inclueds a checklist and form she needs to file out (for exampll, I 134 , DS 230, DS 156, a list with doctors for the medical exam and few other forms) she has to file them out and send checklist , DS 156 and DS 230 back to the embassy asap, if everything is in order , they send package 4 ( wich includes the interview date ) hope this info helps and good luck Lona	Lona.C.	Female	Canada	2007-07-20 09:07:00
K-1 Fiance(e) Visa Process & Procedures	is package 3 deliverd ?	hello everyone I have a question reguarding package 3 delivery to montreal I send the package ,they was supose to resive it today , but the tracking number shows its on hold on request by resiver , does anyone know if they resived it or what does that it mean on hold by resiver ? I send it express with signature required at delivery ,I hope they dont send it back to me thank you for the answer Lona Only way you will know for sure if they received the package is phoning them and asking them "did you receive my packet 3?" and also email them asking same question, quoting your case number. Good luck, L. thank you I guess I will have to call them tomorrow since I already e maild them about it today , maybe I get lucky and see it signd and deliverd by tomorrow	Lona.C.	Female	Canada	2007-07-24 21:40:00
K-1 Fiance(e) Visa Process & Procedures	is package 3 deliverd ?	hello everyone I have a question reguarding package 3 delivery to montreal I send the package ,they was supose to resive it today , but the tracking number shows its on hold on request by resiver , does anyone know if they resived it or what does that it mean on hold by resiver ? I send it express with signature required at delivery ,I hope they dont send it back to me thank you for the answer Lona	Lona.C.	Female	Canada	2007-07-24 21:12:00
K-1 Fiance(e) Visa Process & Procedures	US Permanent Resident (Non Citizen) trying to get Fiance Visa!	would he be able to take a diferant rout , like if his fiance comes to the states on tourist visa they get married then file AOS and I 130 ? can he maybe do that ? ( am a LPR in canada probly diferant rules then the states but I know I could have taken that route if my fiance was goin to move here , but am moving to be with him so we went K1 route ) No. It would still take several years for the priority date to become current. She can't stay here with him while they wait. While it has been ruled that an overstay cannot cause a denial for AOS if married to a USC, no such ruling has been made regarding marriage to an LPR. wow yeah hes better of goin for citizenship first , this site is so cool learn so much here ,	Lona.C.	Female	Canada	2007-07-25 15:59:00
K-1 Fiance(e) Visa Process & Procedures	US Permanent Resident (Non Citizen) trying to get Fiance Visa!	would he be able to take a diferant rout , like if his fiance comes to the states on tourist visa they get married then file AOS and I 130 ? can he maybe do that ? ( am a LPR in canada probly diferant rules then the states but I know I could have taken that route if my fiance was goin to move here , but am moving to be with him so we went K1 route )	Lona.C.	Female	Canada	2007-07-25 12:58:00
K-1 Fiance(e) Visa Process & Procedures	Webcam website, which is the better?? What do u use.	Please help me get a good Webcam website. The problem I am having is that the computer locks up and the signal is choppy. We have tried Yahoo, MSNmessenger, Skype (almost damage the computer), Camfrog. None are reliable. Anyone know of any other free Webcam chat websites? Charles June 7 sent 129f June 13 check cashed June 15 shows up on USCIS website as received haven't heard squat since I heard paltalk is pretty good too	Lona.C.	Female	Canada	2007-07-26 10:18:00
K-1 Fiance(e) Visa Process & Procedures	Question about financial support.	Ahhh...got it!..thanks Lona.. anytime glad I could help , another thing if you or your fiance have any trouble filling out the forms , the example forms posted here ,are great help when you get stuck , good luck	Lona.C.	Female	Canada	2007-07-28 09:57:00
K-1 Fiance(e) Visa Process & Procedures	Question about financial support.	Ok ,thankyou.. Oh,just another question.I have never committed an offence either in New Zealand or here in the UK.Do I still have to provide police reports from the New Zealand and British police?. yes you have to privide police certificates from places you resided , am not to sure if they need it for the I 129 , ( as in my case I was born in germany permanent resident of canada , only had the german police certificate avalable at the time when we filled the I 129 , they didnt ask for the canadian in a RFE,so i didnt need it till i got the package 3 ) but try to get all the documents together before NVC transfers the I 129f to your countrys us consolate who will then send you package3 , Ok thankyou. Just one more question.Is there a website where I can find K1 visa processing times for Vermont service centre?. your welcome , and yes there is , if you click on immigration timeline here , then click on k1 it will give you an estimate on processing service , good luck Im sorry..Where is the link?. right bellow the search , you see gallery downloads , example forms , processing times , immigration timelines, avove where it sais sign in , click on immigration timelines	Lona.C.	Female	Canada	2007-07-28 09:36:00
K-1 Fiance(e) Visa Process & Procedures	Question about financial support.	Ok ,thankyou.. Oh,just another question.I have never committed an offence either in New Zealand or here in the UK.Do I still have to provide police reports from the New Zealand and British police?. yes you have to privide police certificates from places you resided , am not to sure if they need it for the I 129 , ( as in my case I was born in germany permanent resident of canada , only had the german police certificate avalable at the time when we filled the I 129 , they didnt ask for the canadian in a RFE,so i didnt need it till i got the package 3 ) but try to get all the documents together before NVC transfers the I 129f to your countrys us consolate who will then send you package3 , Ok thankyou. Just one more question.Is there a website where I can find K1 visa processing times for Vermont service centre?. your welcome , and yes there is , if you click on immigration timeline here , then click on k1 it will give you an estimate on processing service , good luck	Lona.C.	Female	Canada	2007-07-28 09:21:00