Forum	Title	Content	Member	Sex	Country	Date/Time
K-1 Fiance(e) Visa Process & Procedures	Visiting the US with K-1 pending, had trouble entering before...	QUOTE (Ed+Cindy @ Apr 21 2009, 01:43 AM) <{POST_SNAPBACK}> While I don't believe the 10 year ban story, I would advise caution. We had CBP issues with an entry last Oct. My fiance was legal and had the right documents, etc. So much of it is just luck. Some POEs are better than others. We used what we later found out was a terrible POE (lots of reports of problems there) - British Columbia / Washington border. Being turned around won't deny your K-1, but it could make it take longer. You would have a file with CBP, which could force your case to more background checks - I have some data to prove this. If its just a two weeks visit, why not go somewhere other than the US. Meet in the fiance's country, or even Canada or Mexico? Best of luck whatever. It's a neat idea to meet him somewhere else, I wish I had thought of that but I don't think it would've been possible anyway. Jesse just came to visit me in Australia in March and he's pretty broke from that trip so he wouldn't be able to afford another trip (him getting time off work is another issue). I happen to have a little spare money and ticket prices are good, besides which, I really miss my other friends in New York and would like to visit them as well as look around at a couple of places for the wedding. I've just bought a ticket and I'll be entering through LAX. I've entered through there twice before with no problems (except for the GIGANTIC line) so I'm hoping it won't be too bad this time either. When I entered through Anchorage and had all that drama with Homeland Security, it was late at night and we were the only plane entering in that time frame, so I think they could afford to waste time on me (they could certainly spare the manpower!) There was a young girl entering with her whole family, supposedly on a student visa but with no proof on them that she had a place at the school she was supposed to attend, and they gave me more trouble than her.	SCFsnoopy	Female	Australia	2009-04-22 02:19:00
K-1 Fiance(e) Visa Process & Procedures	Visiting the US with K-1 pending, had trouble entering before...	Thanks for all the answers guys. I think I will risk the trip, as you've said, all I really stand to lose is the cost of the ticket (and the frustration of not seeing Jesse). To me, the chance of seeing him is worth the money =) I think it would be much harder for someone who doesn't come from a Visa Waiver country and would have to get a visitor's or tourist visa to visit the States - then I could understand why they get turned away, as my understanding is that you can't have a visa while another is pending. Since I'm technically visiting on NO visa, it's not an issue for me. So far for my proof of ties I will have: Letter from my employer on company (DHL) letterhead stating my vacation dates and date expected back at work. Letter from my landlords stating rent paid in advance and expected date of return and next rent due, along with rent receipts. Copy of my cell phone contract, recent bank statements, my copy of our K-1 packet and hopefully a copy of the NOA1. I think I should be set =)	SCFsnoopy	Female	Australia	2009-04-20 02:38:00
K-1 Fiance(e) Visa Process & Procedures	Visiting the US with K-1 pending, had trouble entering before...	QUOTE (MzMo1102 @ Apr 19 2009, 07:55 PM) <{POST_SNAPBACK}> I was in a similar situation as you as I was on a J1 visa back in 2001 and stayed in the US for a long period of time. I came back home and every 6 months I had been back and forth to the US from Australia. I was questioned only once at POE as to why Im always in the US and I had explained that I had family, friends and my boyfriend to visit. They also questioned if I was intending to stay there, look for work, get married, etc. I've always brought along my itinerary with prepaid flights departing the US and onto another country (as I usually get around the world tickets) then they had let me in with no problems. We filed for the K1 in November last year and I went to the states end of nov/dec for thanksgiving. I had brought along a copy of the k1 packet, as well as the NOA1 just in case they question it -got in no questions asked. We got our NOA2 in Feb and in March this year I went back to NY for 2 weeks and this time they questioned my J1 visa back in 2001. All they asked was when and where was my J1 visa issued, how long was I intending to stay in the US and thats it. Just make sure you bring a copy of the k1 packet, your NOA1/2 (should you receive it prior to leaving), any ties you have here in Aussie and you should be fine. Perfect! I should have my NOA1 by the time I leave so I'll make sure I'll bring that and the K-1 packet along with me. I'm entering through LA this time and I always buy prepaid return tickets (I have a feeling that was really the only thing that saved me last time) so hopefully the officials there won't be hold me up. I figure since it will have been a year since the last time I entered too that might help my case. On a side note - you mentioned NY, which is where my fiance lives - which part? He's in Staten Island, so that's where I'll be (hopefully sooner rather than later!).	SCFsnoopy	Female	Australia	2009-04-19 05:40:00
K-1 Fiance(e) Visa Process & Procedures	Visiting the US with K-1 pending, had trouble entering before...	Hi all, My fiance will be filing our I-129F Petition this week and starting the whole K-1 process. I would like to go over in August for two weeks for our anniversary but wanted to know what my chances are of getting refused entry given that I have had trouble with the Dept. of Homeland Security on a previous trip. For ease of explanation I'll put in a timeline of my trips to the US and back: April 2007-May 2008: In USA legally on J-1 visa. May 2008-July 2008: Back in Australia. July 2008-September 2008: In the USA legally on the Visa Waiver Program. September 2008-Present: In Australia. It was my second trip to the US in July 2008 that I ran into trouble. My POE was Anchorage, Alaska (very roundabout flight via Taiwan) and the official there initially pulled me up on the fact that A) I had been in the US very recently for a very long time, and I didn't have a whole lot of spare money on me for an 11-week visit. That I could understand. I was taken into the interview room where it surfaced that I was staying with my (then) boyfriend, a US citizen. They then went to great lengths to try and make me admit that I was going to marry him and adjust status illegally, or find a job and work illegally, or do anything else wrong. Of course, I had no such intent and they couldn't prove it despite finding my journal and several photos in my carry-on luggage. After having not one, but FOUR officials interview me together and separately they finally let me in with a very stern warning not to marry or find a job. Now, I wouldn't be at all surprised if all of this is kept on my file somehow and it will all be pulled up when I go over again in August. This time around, however, it will only be a two week visit and I will have plenty of money (which I can prove through bank statements, and I plan to carry a good amount with me) and I have proof of rental obligations and a job that I will be expected to come back to. I think that's plenty of evidence that I do intend to go back to Australia until my visa is approved and I can migrate legally, along with the fact that I have never stayed in the US illegally (ie, I didn't overstay my J-1 visa or the VWP). I just wanted to see if anyone has, or know someone who has, had any trouble entering the US and what happened on subsequent trips. Plane tickets might be cheap at the moment but it is still a lot of money to get from Sydney to New York and I don't want it to be for nothing! Also, should I take over my copy of the I-129F packet just in case they want to see it? Anything else I should bring with me?	SCFsnoopy	Female	Australia	2009-04-19 04:18:00
K-1 Fiance(e) Visa Process & Procedures	G-325A Question	Is it really not recommended to hand write the G-325A? I hand wrote mine and I assume my finace will hand write his, too. We both have very legible writing so I didn't think it would be a problem. We haven't sent the package yet so I could ask him to wait until we've done the PDF copies before he sends it.	SCFsnoopy	Female	Australia	2009-04-23 23:02:00
K-1 Fiance(e) Visa Process & Procedures	Does Age Matter????	It's curious that you guys were looking at work visas for Australia... The work visas aren't too difficult to get if you have the right skills, but they are very pricey (over $2000 AUD for the skilled migrant worker visa, just to apply, and double it if you have a dependant) not to mention the cost of plane tickets to get here AND the cost of living. If you don't have a lot of money this is not a good option for you! Our lifestyle is excellent but very expensive. Along with the others I highly suggest either you visit Morocco again, or if he can get a tourist visa he should come visit you. Not only for your relationship evidence, but to see if you are compatible in a more long term situation. My fiance and I saw each other every weekend for the first 8 months of our relationship, then lived together a month, I went back to Australia for a while then came back and lived with him for three more months. We established during that time that we could live together and not kill each other Anyway, I wish you luck in whatever you decide to do and however it turns out. Only you know what it's like between your fiance and yourself and if it's meant to be, you will find a way!	SCFsnoopy	Female	Australia	2009-05-04 06:26:00
K-1 Fiance(e) Visa Process & Procedures	Passport Stamps - ugh	QUOTE (Gary and Alla @ May 5 2009, 10:40 AM) <{POST_SNAPBACK}> Airline intineraries are not accepted as proof of travel, passport stamps are, so you should be OK. Copies of boarding passes are accepted also. But the USCIS really doesn't care HOW you got there, so the passport stamps and some photos (for proof of meeting) are fine. If it were me, I would kill the trees to copy ALL pages of the passport and forget the itineraries. I've done something similar, where I've only photocopied the pages of my passport that show my entry stamps to the US (I am the beneficiery). I'm asking him to do the same because he has stamps showing he came to Australia to see me. I made a cover sheet for our proof of meeting that states, "copies of passport pages showing US visa and entry stamps, relevant pages only." Think this will be ok? If not I can email him the scans of the rest of my passport.	SCFsnoopy	Female	Australia	2009-05-04 22:41:00
K-1 Fiance(e) Visa Process & Procedures	Address on I-129F	Great, thank you. So - to clarify - we'll put his mother's (mailing) address in Part A Q2, and his residential address in Q14?	SCFsnoopy	Female	Australia	2009-05-09 21:45:00
K-1 Fiance(e) Visa Process & Procedures	Address on I-129F	Hi all, we are just about to file our petition but wanted some final clarification on what we should put down for his (USC) address. We would like all of his mail to be sent to his mother's address for safety, but I'm wondering if this will cause some confusion when we get to question 14 (Address in the United States where your fiance intends to live) and we put down his current address. Does it matter if the address in Part A, Q2 is listed as his mother's address, and Q14 is his address? Should we put both as his address and risk the mail getting lost/delayed (as his apartment is technically at the same mailing address as a catering hall and the landlord will sometimes accidentally pick up their mail as well as the catering hall's), or both as his mother's address?	SCFsnoopy	Female	Australia	2009-05-09 20:23:00
K-1 Fiance(e) Visa Process & Procedures	K1 Visa options.... to stop process	QUOTE (reeses16 @ May 14 2009, 06:46 AM) <{POST_SNAPBACK}> If you do not withdraw the K1 before her interview, your fiance will have 6 months to enter the US and once she is in the US you have another 90 days (roughly 3 months) to marry. So you have roughly 9 more months after she receives the visa to decide for sure. So if there are any doubts remaining, its best to delay her entry as close to 6 months as possible as the 90day clock starts once she enters the US. If she arrives in the US and you do not marry she has to return home within 90 days (when her I-94 expires). If she doesn't leave she will be in violation of immigration law, but she would no longer be your responsibility. This seems like sound advice if you think the relationship is still viable and will still work in the end. Reading through these forums has made me feel so lucky about my situation with Jesse... when we met, he was living in NY and I was in CT, so we only got to see each other on weekends when I would catch the train down - that situation lasted for 8 months before I had to go back home. I guess it sort of prepared us for the long distance thing that we knew was coming... our daily conversations were important because we couldn't actually see each other so we very quickly became very good at communicating. But even now I've noticed that since we've started the paperwork for the visa things have become a little more stressed between us... it's mostly me freaking out that things are done right and that we have enough money and all that, I'm setting him on edge... there is no doubt that this is a stressful process for every couple that has to go through it and it is a test of the strength of the relationship. In your situation, I would give it some time, and more importantly keep the lines of communication open. It does sound like she can acknowledge when she might have upset you during an argument and that's important. As to her mother getting in your ear about moving the family over... you and your fiance are adults, your own persons, and this is your marriage not theirs! Only consider it if it is genuinely something that you and your fiance want to do for them.	SCFsnoopy	Female	Australia	2009-05-14 05:17:00
K-1 Fiance(e) Visa Process & Procedures	fiancy on visit visa	Definitely a troll, look at his post history.	SCFsnoopy	Female	Australia	2009-05-22 08:28:00
K-1 Fiance(e) Visa Process & Procedures	Age and K1 Petition	QUOTE (KHPerfectMatch @ May 22 2009, 01:22 PM) <{POST_SNAPBACK}> Doesn't matter if it makes sense to you or not.. My husband and I are in our 50's. We are both Muslim (I have been for many years), we were introduced by my former "cousin-in-law" (my ex's cousin) and his ex brother-in-law IN EGYPT, we didn't meet chatting on the net. I have a 21 year old Arab/American Muslim son, I was previously married to an Egyptian for many years... which ended in a "no-fault" divorce. Our visa process should have been a "slam dunk"... and it in some ways, it almost WAS... But they had to give themselves at least ONE SHOT at finding a way to deny us.... They did a HOME VISIT to his home in Egypt and his Mother's home... and asked many questions to his neighbors, his Mother's neighbors, the bawab at his Mother's building, and any one else they could find! Once they heard from the bawab that his ex-wife (and mother of his 3 children) still visited her children's grandmother... (who she lived in the same house with for 20 years...) They were hoping to prove that he still had a relationship with his ex-wife.. even though they have been divorced for more than 3 years at the time, AND it was their 3rd divorce! (so they cannot remarry unless she remarries someone else in between)... I guess it was their only hope of finding a way to deny his visa... You are young quite young, a female, and Muslim.... (so they assume you are an innocent lamb). They may worry that he is taking advantage of your innocence.. He is American, and a "6 month convert" to Islam... so they might even suspect he is a wily coyote preying on the innocent lamb... (I assume he converted AFTER he met you... which of course means everyone will believe he converted to marry you... because Muslim women cannot marry Non-Muslim men (in Egypt and in Islam) and often become Muslim in name in order to marry their sweetheart. Your family is not that excited about the idea of you marrying him.. This gives them all the fuel they need to drag this process out as long as they can to see if they can out last the relationship. And they have been known to fuel the fire between the fiance and the family if they think this can break the relationship. Insha'allah it will be easy for you. Yikes, I'm starting to feel very very lucky about my consulate...!	SCFsnoopy	Female	Australia	2009-05-22 08:32:00
K-1 Fiance(e) Visa Process & Procedures	HELP! J1 Visa interfering with K1 visa??	QUOTE (Gary and Alla @ May 15 2009, 09:31 PM) <{POST_SNAPBACK}> You could have another problem. SOME J1 visas, depends on the circumstances of issuance, have a 2 year bar on the issuance of any other visa to the USA. They require the holder return to their native country and cannot receive any other type of visa to the USA for two years. We have a some good friends here, American man/Polish woman, they met and married here while she was here as a student (J1 visa sponsored by Poland) and had to retrun to Poland for two years before they could do a DCF and return. Very true, I'd forgotten about that. It should say on the visa itself whether this is applicable or not. For instance, on my visa, down the bottom it says "BEARER IS NOT SUBJECT TO SECTION 212 (E). TWO YEAR RULE DOES NOT APPLY."	SCFsnoopy	Female	Australia	2009-05-15 07:53:00
K-1 Fiance(e) Visa Process & Procedures	HELP! J1 Visa interfering with K1 visa??	I was on a J-1 visa from April 07-April 08 as an au pair, and the advice that I was given from my agency was "you CANNOT change status from a J-1, DO NOT apply for any other visas while the J-1 is valid." (many au pairs ask about transitioning to an F-1 but as far as I'm informed it's not possible). I honestly am not sure about filing for a K-1 while being in the States on a J-1 ... however I would be very hesitant to do it. I do suggest deferring the enrollment and waiting for the K-1 to come through and enter the US on that visa instead.	SCFsnoopy	Female	Australia	2009-05-15 02:36:00
K-1 Fiance(e) Visa Process & Procedures	Size of passport/visa photos	QUOTE (jundp @ May 26 2009, 06:20 AM) <{POST_SNAPBACK}> If you can take the photos digitally and email them to your fiance, he can send them to Costco or Walgreen's online. We've done all our family's passport photos, P's visa, and green card photos this way. As long as you follow the regs for the photos and have them on a white background, 2x2 you are ok. Plus, it's about 38c for him to have them printed that way and faster for you should you need to send them in a hurry. Wow, thank you, that's a great tip! I would not have even thought of that. Saves me $14 to get the photos done too =D	SCFsnoopy	Female	Australia	2009-05-25 16:11:00
K-1 Fiance(e) Visa Process & Procedures	Size of passport/visa photos	Thanks for the answers. Our petition has already been sent (only just!) but I will go and get the right sized photos and mail them over, *just in case* we do get an RFE. That way he can just mail the photos back as soon as he gets it.	SCFsnoopy	Female	Australia	2009-05-25 15:06:00
K-1 Fiance(e) Visa Process & Procedures	Size of passport/visa photos	My fiance has just sent off our I-129F petition, but he mentioned right before he sent it that "you know your photos is a different size to mine, right?". Apparently in Australia, our passport photos are a different size to the US. I'm not 100% of the dimensions but I think they're slightly smaller. My question is, are we likely to get an RFE for this? If so, I will get some correctly sized photos this weekend and snail mail them to him in anticipation so he can respond immediately.	SCFsnoopy	Female	Australia	2009-05-25 05:55:00
K-1 Fiance(e) Visa Process & Procedures	something has to be done	QUOTE (Queeny @ May 21 2009, 02:59 PM) <{POST_SNAPBACK}> In addition to alreadying contacting my congressman (which does not seem or feel very helpful or immediate at this point) I will contact the Ombudsman at uscis, try to file a formal compliant with DOS, contact my senator, and just keep calling uscis daily to check on the status - by the way they have not even received the petition yet - it was sent back on 4/29/09 from dakar in a diplomatic pouch which i'm told can take 2 to 3 months to arrive - what a joke. also I'm going to senegal in June for about 5 weeks to be with my sweetie and we plan to marry. should i file the I30 afterwards? thanks for your help and attention - and good luck to everyone in my situation. Geez, what carrier do Senegal use to carry their dip bags? No way a dip bag should take 2-3 months to go anywhere... dip bags are high priority shipments, they do not even get stopped in customs in ANY country...! It sounds as though marrying and filing for the appropriate visa might indeed be your best option, but someone with more experience or knowledge about your sort of situation could advise you better. It's a shame they would just send your petition back like that... I wish you all the best and hope that you and your SO get to be together sooner rather than later. Edited by SCFsnoopy, 21 May 2009 - 02:21 AM.	SCFsnoopy	Female	Australia	2009-05-21 02:20:00
K-1 Fiance(e) Visa Process & Procedures	Sending K-1 Petition	I would use FedEx simply because they have a better service within the US. DHL recently downsized dramatically in the US and no longer offer domestic services there (which, even though you are sending from Mexico, could affect the transit once it's within US borders simply because their system isn't as efficient as it used to be). Don't get me wrong, DHL is a great company and I use them all the time to ship from Australia to the US, but I would trust FedEx on this one	SCFsnoopy	Female	Australia	2009-05-26 22:22:00
K-1 Fiance(e) Visa Process & Procedures	Surprisingly quick (if it happens!)	QUOTE (itzallgood @ May 31 2009, 09:19 AM) <{POST_SNAPBACK}> Now that you get it....GET RID OF THE LAWYER, AND KEEP THE MONEY FOR BETTER THINGS... Haha agreed! Monkey, it all looks overwhelming but so long as you follow the guides closely and keep some common sense there's really no reason why you can't DIY. Take your time, read over the guides, ask any questions you might have - this may just be one of the most important things you do in your life, so please don't be afraid to ask! Unlike immigration attorneys, the folk here on VJ for the most part have your best interests at heart. We all know what you're going through and we understand the heartache of having to be away from the love of your life and we all dread what could happen if the legalities aren't observed - unlike a lawyer, who doesn't care what happens to you if you do it wrong and will probably charge more than you can afford to fix your mistakes. Lastly - congratulations on your engagement and welcome to VJ!	SCFsnoopy	Female	Australia	2009-05-30 18:27:00
K-1 Fiance(e) Visa Process & Procedures	Surprisingly quick (if it happens!)	QUOTE (munkeynutts @ May 31 2009, 07:38 AM) <{POST_SNAPBACK}> There's a couple on here that got the NOA1 just 2 days after sending off the I-129F! Is this common? Seems far too quick. I suppose I am already being really hopeful anyway though! Ok, so I created my timeline. How do I get it to show on my posts? Thank you all. You really need to read the guides! The NOA1 is just a receipt to say, "yes, we have received your petition and we are now taking a look at it". The NOA2, which takes an average of 6 months to receive, is to say that your petition has been approved. You will then be sent a bunch of forms from your local US embassy to fill out - medicals, police checks, etc - you send those back and schedule an interview. Depending on how long it takes you to send back those forms and how far back the embassy is taking appointments, expect to add another couple of months onto the timeline. IF you pass that interview at the consulate, then you get your visa. My fiance filed our I-129F just over a week ago and I'm not expecting to have a visa before next year... I will feel very lucky if I have it in hand by January. Here is the link to the K-1 guide which will show you everything you need to submit along with the I-129F petition: K-1 Guide And here is the K-1 Flowchart which will give you a rough idea of how long every step will take: K-1 Flowchart	SCFsnoopy	Female	Australia	2009-05-30 17:07:00
K-1 Fiance(e) Visa Process & Procedures	Homecoming from Iraq, can she visit	QUOTE (JimVaPhuong @ Jun 9 2009, 10:56 PM) <{POST_SNAPBACK}> QUOTE (SCFsnoopy @ Jun 9 2009, 04:01 AM) <{POST_SNAPBACK}> They asked if I was pregnant (as I could therefore claim status if I gave birth to a child in the US), This isn't quite true. Having a child born in the US doesn't give the parents any automatic right to claim status, but it would grant US citizenship to the child. The only way this could lead to either parent getting legal status in the US is if the child petitions for them as immediate relatives, but the child would not be eligible to do this until it was 21 years old. If the parents remained in the US until that time, and did not have any other means to achieve legal status, then they would be illegal and subject to deportation. The only other possible benefit the child might provide is if the parents were in the process of being deported, but had managed to remain undetected in the US for at least 10 years. In this case, the child might allow them to claim a Cancellation of Deportation defense, using the welfare of the child as the basis. If this defense were successful, it would only stop the deportation - it wouldn't change the legal status of the parents. It's a commonly held belief that having a child born in the US gives the parents an easy route to legal status, but it just isn't true. Parents of US citizen children are subject to deportation, just like any other illegal alien. Ah, there you go. See, I didn't even know any of that and they still suspected I was going to try and pull one over them that way... shows how suspicious they can be	SCFsnoopy	Female	Australia	2009-06-09 15:34:00
K-1 Fiance(e) Visa Process & Procedures	Homecoming from Iraq, can she visit	Hey Battle, Statements from work and school are a great start, it might also be worth getting a letter from her brother stating that she shares a flat with him and he expects her to return (does she pay him any rent? He could note that he has received rent in advance from her or that he's expecting her to continue paying rent upon her return). Does she have any other commitments - mobile phone plan, for example? Student loans? The more stuff you have, the better. I've also heard she should carry a copy of your I-129F petition. I had a huge amount of trouble trying to enter the US on the VWP last year, all I had was my return ticket and a letter from my employer stating they expected me back at work (which the officer never looked at, in the end). I still think I am extremely lucky that I got through, because the more I think about what happened, the more I am convinced they had already made up their minds that they wanted to bar me entry and it was only lack of evidence for immigrant intent and some heartfelt convincing on my part that got me through. I had four (FOUR) officials interview me one after the other, my luggage was searched, they found my journal and took it away to read and discuss with each other... They asked if I was pregnant (as I could therefore claim status if I gave birth to a child in the US), they asked me repeatedly WHEN I was going to get married (not IF, WHEN - we were NOT engaged at the time), they told me straight out they were positive I was intending to work illegally during my stay... It was really rough. I think her best evidence is going to be her return ticket and a suitable amount of cash to cover her trip. I, stupidly, was in such a rush to come back to the US to see my man that I didn't stay in Aus long enough to earn spending money - I had only $500 on me for an almost three month stay. That, combined with the fact I'd been in the US for over a year on a J-1 visa only 2 months prior to the second trip threw up major red flags and in hindsight I'm not surprised I was grilled the way I was. I can't say for certain but I think having the K-1 on files indicates that you are willing and plan to jump through the hoops to immigrate legally, and it might convince them that she plans to return home (she could argue that she needs to go back for the interview ^_~) Edited by SCFsnoopy, 09 June 2009 - 06:01 AM.	SCFsnoopy	Female	Australia	2009-06-09 06:01:00
K-1 Fiance(e) Visa Process & Procedures	Fiancee had J1 Visa, Will this cause problems???	QUOTE (oldahmed @ Jun 11 2009, 01:36 AM) <{POST_SNAPBACK}> I have a question. on the G-325A form, on the employment history part, did you put down working as an au-pair in the U.S. or how did you do it? Thank you. Do feel free to start your own threads if you have a specific question, Oldahmed This thread is a couple months old but I'm replying for your sake just in case you don't see my reply to your PM (and for anyone else reading). I worked as an au pair in the US and I put that down on my G-325A. Under full name and address of employer I put "The <Host> Family: <Host family address>, <state>, USA", occupation, "Au Pair", from "April 2007" to "April 2008". Also, in the "how did you meet your fiancee" question on the I-129F it is mentioned that I met Jesse while working as an au pair in the US, so it's going to be obvious to anyone reviewing our file that I was an au pair over there. There's nothing wrong with it, I was there legally, didn't overstay, etc. FYI, I was also sponsored by a third party company, Cultural Care Au Pair. I did pay them a hefty amount in fees (almost $3000) but they were technically my sponsors for the J-1 visa. I was not subject to the 2 year HRR, and you'll find whether you are or not by looking at the visa stamped in your passport - it says it right across the bottom (in my case, "BEARER IS NOT SUBJECT TO SECTION 212(E). TWO YEAR RULE DOES NOT APPLY.") Hope that helps	SCFsnoopy	Female	Australia	2009-06-11 06:17:00
K-1 Fiance(e) Visa Process & Procedures	story of how we met	I can't find my copy of our answer to Q18, but it was decently short. Something along the lines of "Sophie was working in the USA as an au pair, and we met at a beach party held by mutual friends in Long Island, NY." That's probably all we needed but Jesse threw in some details about when I went back to Australia and when he came to visit me here. It was still no longer than a short paragraph and more or less just the basic facts, no declarations of love or anything.	SCFsnoopy	Female	Australia	2009-06-13 17:53:00
K-1 Fiance(e) Visa Process & Procedures	Bench Warrent	QUOTE (Chrisbiv78 @ Jun 16 2009, 03:51 PM) <{POST_SNAPBACK}> I never paid much mind to them because they are like glorified parking tickets. Almost everyone gets some stupid Violation summons in NYC. Hahahaha too true... I don't think I know a single person in either NYC or Long Island that hasn't had one at some point... Stay outta Rockville Center, they'll nab you if you don't take off fast enough when the light turns green	SCFsnoopy	Female	Australia	2009-06-16 05:40:00
K-1 Fiance(e) Visa Process & Procedures	Another odd question from me	QUOTE (ThaitoUSA @ Jun 19 2009, 09:49 PM) <{POST_SNAPBACK}> As far as making her stay "legit for the complex's sake," I see no reason whatsoever why you have to put her on your lease. It's your apartment and you're free to have anyone stay with you. Well, that depends on his lease. I know a lot of apartments in NYC and Long Island have restrictions on the lease that state you can only have visitors for x amount of time (usually a couple of weeks) and/or you need to let the landlord know if you're having anyone stay longer... or you're just flat out not allowed to have guests for a lengthy stay - for the record I do believe this is mostly the case with "private" landlords, ie someone who rents out their basements or ground levels, since every second person in NY seems to lease part of their property out legally or otherwise. When I lived with Jesse for three months, the landlord was OK with a verbal agreement that I would be staying there for the 3 months but definitely leaving afterwards (ie not moving in permanently), however he did ask that we pay an extra $100/month during those three months. We thought that was fair and I volunteered to pay the extra since I wasn't paying any other living expenses during that time. If your landlord doesn't require her name on the lease, I don't think I'd do it. That's more based on gut instinct than anything factual though.	SCFsnoopy	Female	Australia	2009-06-19 07:40:00
K-1 Fiance(e) Visa Process & Procedures	I need Help , Regarding the K1 Visa Filling	I think you'll be fine if your mailing address is a PO Box address... not 100% about what you will put down as your place of residence on the G-325A though. You might need to ask someone in your regional forums about that. In regards to mail, though... I know that DHL accepts PO Box address in Saudi Arabia, even though they don't accept them for most other places. It's fairly common knowledge that that part of the world doesn't really have proper physical addresses for mailing and that you have to direct cab drivers to where you want to go rather than saying "take me to 125 Green St!"	SCFsnoopy	Female	Australia	2009-06-21 05:15:00
K-1 Fiance(e) Visa Process & Procedures	K-1...DIY?	You can definitely do it yourself, all you need to do is just take a little time to pay attention to detail. It seems overwhelming at first but once you get into it it's not so bad. My fiance and I actually wound up filling in the forms about 3 times - we were temporarily engaged about a year ago, but decided we weren't ready just yet, but had filled in the forms twice (first time was a practice run) anyway. We got engaged again, officially, in April, and doing the paperwork all over again was much easier since we knew what to expect. I definitely suggest just going through everything once or twice until you're familiar with it, corresponding with the guides and sample forms you'll find here on VJ, and writing down any questions you have so that you can come back and ask. We're all happy to help you through the process and since most of us have done / are doing it for themselves with no lawyers, we can speak from experience. Welcome to VJ and best of luck on your journey!	SCFsnoopy	Female	Australia	2009-06-21 01:47:00
K-1 Fiance(e) Visa Process & Procedures	Important Advice for NEW K1 Filers	QUOTE (ghosttridder @ Jun 22 2009, 04:36 PM) <{POST_SNAPBACK}> obviously the system has to be unclear if you are stating that research is required to complete an application for proper results LOLZ.. i thought it was supposed to be an application, not a science project If you really had that immature of an approach coming into this, it's no wonder your initial petition got denied. Consider this - filing an I-129F petition means that, at the end of the process, you are getting MARRIED. That is a huge, adult commitment. Your attitude of "I shouldn't have to ask permission/do research/meet my fiancee/put in any effort beyond what's strictly required" shows a remarkable lack of said commitment. I honestly feel sorry for your wife. You can argue that you are intelligent as much as you like but you are not showing us any proof of that, and failing to research the requirements of that clause shows an astounding amount of stupidity. A clause is a very specific part of a contract, and thus if you wish to have anything to do with it, it is in your best interest to find out the exact provisions that clause entails and meet the criteria for it. I agree with Danu; your original post isn't helping in saying that nobody should use this clause because it doesn't work, but the information provided by subsequent posters which outlines what you should provide if you are eligible for this clause will be helpful. You, clearly, were not eligible and thus you were denied. Here's hoping that whoever is next to ask about the clause will not be naive enough to think that they can get by with next to no proof of their eligibility.	SCFsnoopy	Female	Australia	2009-06-22 04:21:00
K-1 Fiance(e) Visa Process & Procedures	Important Advice for NEW K1 Filers	QUOTE (ghosttridder @ Jun 21 2009, 11:35 AM) <{POST_SNAPBACK}> USCIS states and i quote: "If this VIOLATES long establish customs and traditions" then this may be waived. well it is a long established custom and tradition that the groom and the bride do not get it on until after the wedding night. We dont have babies then get married, we honor marriages, then start families. Most bride & groom will not have met in this traditional type of union until after the wedding. Some bride and groom, will have just a verbal relationship to get to know their personalities. Some will just see the pictures and go off of what their relatives say about the groom or bride and trust their word on how the marriage candidate is.. and it goes on.. this statement is to vague and needs to be more specific Why are you bringing this up? You KNOW you don't need to "get it on" with your fiancee for your meeting to count with the USCIS. You admit it yourself, here: QUOTE laides and gents..geez you need to understand the point here. i understand about meeting, and it doesn't have to be intimate, we can just meet without doing anything else. If you understand that, why didn't you do it? I suggest you go and meet your fiancee, then either refile the I-129F or get married and apply for a CR-1.	SCFsnoopy	Female	Australia	2009-06-20 21:08:00
K-1 Fiance(e) Visa Process & Procedures	Two I-129F packets sent	QUOTE (Otto und Karin @ Jun 24 2009, 09:44 PM) <{POST_SNAPBACK}> It is possible that the new evidence/forms might marry up with the original petition - especially if a letter of explanation and/or (at least) a copy of the NOA1 was included. It is never recommended that one attempts this simply because it may never actually reach the petition (it's a big place and without proper documentation they may simply not know what to do with it.) Hopefully it will reach its destination - otherwise (like you said) if you get an RFE, you'll end up sending it again. Never know - wait and see.. Yeah, I don't think there was any sort of explanation with it - I wish he'd asked me about it first! Haha. Oh well, we will wait and see if they RFE us. I'll hope for the best since they didn't send it back, so it must've gone somewhere ...	SCFsnoopy	Female	Australia	2009-06-24 15:33:00
K-1 Fiance(e) Visa Process & Procedures	Two I-129F packets sent	Was on the phone with my fiancé today – I was asking him to post a copy of our I-129F and NOA1 so that I can have them with me for POE when I go over in August. Long story short, I found out that when he sent out petition off, he forgot to put the photos in the packet, so he sent a second envelope about two days later with a photocopy of the original I-129F and slipped the photos into that packet. I know photos aren’t the be-all and end-all of proof of meeting (there were also photocopies of boarding passes, my J-1 visa, entry stamps, etc) but it still helps. Do you think USCIS would have realised, when they got the second envelope, that those photos were meant to go with the original petition? As far as I know they didn’t send the second packet back so I can only assume they figured it out, since obviously the second packet had no check in it which would make them immediately return it if they thought it was a new petition. I suppose the worse case scenario will be an RFE, so I’ll ask him to get more photos printed just in case… just wanted to see what you guys think about it.	SCFsnoopy	Female	Australia	2009-06-24 01:43:00
K-1 Fiance(e) Visa Process & Procedures	Would you let him take a crap on you?	QUOTE (Kinito_2k3 @ May 30 2009, 08:13 AM) <{POST_SNAPBACK}> Fair enough but she is not on a VWP - The aim is not to point the "no you're wrong" but to provide with experience and as accurate as possible advice. That said, he she goes to Canada and manage to re-enter on a VWP visa then she will have 90 days - whether she will be able to enter on VWP visa or not is a different question Haha, ok - that I can agree with As much as possible I want to try and stop people from having to go through the drama of a difficult entry - I have been through that process and although I was eventually let in, it's extremely emotional and unpleasant. I still feel I only got in because I was prepared for the worst - if people had told me "you'll get in no worries, you haven't done anything wrong" and had given me some scenario that may work in theory but not practice - I would have wasted over $2000 and 3 months with my fiance. It's a heavy price to pay so I tend to advise on worst-case-scenarios and have some sort of evidence to back me up. Anyhow, the whole point is sort of moot since the OP is going home	SCFsnoopy	Female	Australia	2009-05-29 17:55:00
K-1 Fiance(e) Visa Process & Procedures	Would you let him take a crap on you?	Quick to point the "NO YOU'RE WRONG" finger aren't we? I will admit that I don't know the specifics on if she can enter on the K-1, go to Canada, then reenter on a fresh 90 day VWP (however I wouldn't like her chances of being allowed back in without a lot of scrutiny). However, if she enters on a VWP going to Canada or Mexico will NOT refresh the 90 days when she wants to reenter the US. From travel.state.gov: QUOTE VWP travelers who have been admitted under the Visa Waiver Program and who make a short trip to Canada, Mexico or an adjacent island generally can be readmitted to the United States under the VWP for the balance of their original admission period. The emphasis is my own.	SCFsnoopy	Female	Australia	2009-05-29 17:00:00
K-1 Fiance(e) Visa Process & Procedures	Would you let him take a crap on you?	QUOTE (uscandual @ May 29 2009, 11:47 AM) <{POST_SNAPBACK}> QUOTE (jegcs @ May 28 2009, 05:43 PM) <{POST_SNAPBACK}> Is there anyway for me to stay in the states "Legally" without having to marry him?What processes would there be? If none, I am more than happy to go home and restart a life and hopefully get my job back. Not to deny anything that has been said by others so far, which is all essentially correct information. I did just think it worth pointing out one fact that may be of relevance here. JimVaPhuong put it very aptly that your legal status in the US is under your I-94, valid for 90 days from entry. And that you must leave when those 90 days are up. However, the requirement from the US perspective is that you leave the United States. Not necessarily that you "go home". There may be a difference, and it may be relevant to you. The flag on your profile is Australia. I don't know if that's "home" for you, but on the likely assumption that it is, and you are an Australian citizen, then you can leave the United States by going to another country rather than returning immediately to Australia. For example, you could travel to Canada, thereby legally complying with the need to exit the US within 90 days. Bearing an Australian passport, Canada should admit you legally as a tourist. After spending some time there (as little or as long as you like, subject to your Canadian admission - potentially a day or two , even an hour would suffice, or more), you could then legally re-enter the United States as a tourist on your Australian passport. You don't require a visa to do this. Does this buy you anything? Perhaps, perhaps not. You wrote that you want to "stay in the states". If you mean permanently - then no, this won't help. However, if you mean "temporarily", like to take care of some unfinished tasks, or other reasons, then you could potentially do this legally as a way to extend your stay in the US a bit longer. Your US re-entry would be on a VWP (as an Australian) and likely valid for an additional 90 days. You cannot work during that time, but you would be in the country legally. Good luck. That doesn't work. You can't go to an adjacent country/state/territory and reenter the US with a fresh 90 days - it will still count down the original 90 days. She'd have to leave the continent entirely, pretty much.	SCFsnoopy	Female	Australia	2009-05-28 22:15:00
K-1 Fiance(e) Visa Process & Procedures	Whats the hardest part	QUOTE (ScottThuy @ Jul 1 2009, 08:17 AM) <{POST_SNAPBACK}> For me the hardest part or I should say the most difficult.. is saying godbye at the airport as one of us walks through security and the other does not. For me being apart can be difficult but saying goodbye blows it away... the rest of the process is just that a process. There are plenty of guides to read and support to help through the process... nobody to help you say goodbye... I couldn't agree more. We have been apart since last September with the exception of his brief trip to Australia in March, so we are used to that by now - but saying goodbye never gets any easier. My heart breaks every single time. The hardest part for me has been the criticism from people who simply don't understand our situation. His grandfather telling him "you should just find a nice American girl." Family friends here who tell me he should have moved to Australia instead, and suggesting that he's not committed because he didn't choose to do that (we decided, together, that I should move to the States because I have less attachments to Australia than he does in the US, and I already have friends over there from my J-1 year). Outsiders who hear our situation and decide it's their duty to tell me that it won't work, it can't work, long distance relationships are impossible and it will all fall apart once I live with him (clearly they don't know we have already lived together and we are just dandy doing so). Conversely, the easiest part has been the knowledge that this is the right choice for us, the conviction that we are meant to be together and that the waiting and expenses are well and truly worth it.	SCFsnoopy	Female	Australia	2009-07-02 05:26:00
K-1 Fiance(e) Visa Process & Procedures	K-1 or F-1	Just wanted to chime in real quick and say that previous good behaviour in leaving the US on time, not overstaying visa etc. doesn’t really mean much at the POE. I had a perfectly clean record of leaving the US twice before I came in on the VWP last July (the first time I entered was on VWP about 12 years ago, the second time on a J-1 visa in ’07-’08) and I still got grilled by the DHS officers. I could have gotten married while still on my J-1 and most likely would’ve AOS’d successfully as I did not even know my fiancé when I entered, but I didn’t. I left when I was supposed to. We did not even have any intent to marry when I came back in July but four officials still made me do a lot of talking and show a lot of evidence of homeland ties before letting me through – I honestly think they didn’t want to but they couldn’t pin anything on me in the end.	SCFsnoopy	Female	Australia	2009-07-02 02:28:00
K-1 Fiance(e) Visa Process & Procedures	K-1 or F-1	QUOTE (conny @ Jul 2 2009, 05:36 AM) <{POST_SNAPBACK}> QUOTE (milimelo @ Jul 1 2009, 02:57 PM) <{POST_SNAPBACK}> If he applies for F-1 there won't be any deferred enrollment - the university has to issue a I-20 with which your boyfriend then needs to pay the SEVIS fee and then go to the US embassy and try to get the F-1 visa. I'd ask about deferred enrollment even before attempting the F-1 visa. Didn't you consult the international student office and the head of the department at the university? No we didn't because we fully intend to get F1, I'm still not convinced it will be denied with pending K1 and B1 in passport. But then again - if it gets denied then I guess we would have no choice but to consult with university and defer the enrollment. I think it would be wise to consult with the school before you try for the F-1, if only for the sake of not putting all your eggs into one basket. If I've learned anything from this whole visa process, it's that nothing is guaranteed >_< Who knows, the international student office there may have even heard of a situation similar to yours and could advise you one way or the other. Also, I've seen in Gary and Alla's posts that once your I-129F gets approved and through NVC, Kiev is an extremely quick consulate with almost no time to wait for an interview. I agree that in both yours and the OP's case, however, that the smartest thing to do would be to wait for the K-1 to go through. I'd like to study in the US when I get there too, but I'm willing to wait for the sake of my impending marriage (SO > school) rather than risk anything by trying to rush and do it all at once. So what if I have to wait and maybe work for an extra year? Waiting is something this relationship has made me very good at	SCFsnoopy	Female	Australia	2009-07-01 15:18:00
K-1 Fiance(e) Visa Process & Procedures	lost passport photo	If you are the beneficiary, it won't matter if you have a job or not at the visa interview. What you earn doesn't matter, it's what the USC earns that counts. If you are the USC, then yes, it will matter and you are going to need a co-sponsor. I'm going to end up taking new photos to my interview too - the first set I got were the wrong size (hoping we don't get an RFE for that, seems like it slips through the cracks sometimes) so I'll need a new set that are the right size, plus I ended up using the rest of the photos from my first set to apply for a new passport since mine expired.	SCFsnoopy	Female	Australia	2009-07-04 06:30:00