ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & Proceduresafter the medical part of my visa journey...

 

You're right, it should be because of the influenza one. I just got mine too and in some places they weren't applying that anymore because the season has passed.

So it is missing, but there is a reason.

 

My wife had a couple rows that were not checked off, but the influenza one was checked off as insufficient interval, even though she never had one. Just to insure there was no issued on her AOS, we went to a civil surgeon and got her vaccines transcribed. He recommended she get the boosters and the flu shot at our clinic and bring the records first. By the time we were adjusting her status, it was fall and I wanted her to have it to.

This won't stop you from entering the USA, but rarely this can delay issuing the green card if they don't see the date and that it was not the flu season when the medical was given.


Edited by Caryh, 19 September 2014 - 02:29 PM.

CaryhMalePhilippines2014-09-19 14:28:00
K-1 Fiance(e) Visa Process & Proceduresafter the medical part of my visa journey...

The flu vaccine is only given during flu season, or fall. She should have noted further to the right that this in not the fall (flu) season. 


CaryhMalePhilippines2014-09-19 14:01:00
K-1 Fiance(e) Visa Process & ProceduresSupport of affidavit

You generally cannot use your primary residence as an asset to make up for lack of income. Cashing out your primary home is usually looked at as creating a hardship. If you had a second property you could, but it will require a formal appraisal like a bank would need before providing a mortgage. Then you'd need to subtract any leans or mortgages you have on the property to find out its asset value.

 

 

You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).

 

A bit more to read that might help you.

 

http://www.immihelp.com/affidavit-of-support/using-assets-meet-income-requirements.html


Edited by Caryh, 18 September 2014 - 01:02 PM.

CaryhMalePhilippines2014-09-18 12:58:00
K-1 Fiance(e) Visa Process & ProceduresCan a US citizen file the I-129F whilst living outside the US?

Yes, you can file while you're overseas, we did it. DCF is only available for married couples, not for fiancees.

 

Thanks for the correction, not enough coffee for me this morning 


CaryhMalePhilippines2014-09-09 08:34:00
K-1 Fiance(e) Visa Process & ProceduresCan a US citizen file the I-129F whilst living outside the US?

Yes. And if the embassy in that country has USCIS office in it, they can do a direct consular filing, which can be much quicker. 

 


CaryhMalePhilippines2014-09-09 07:48:00
K-1 Fiance(e) Visa Process & Proceduresim trying to schedule for my interview appointment online

Priority date is the date on the NOA1.

Case ID would be your MNL number that you received from the NVC. 


CaryhMalePhilippines2014-09-23 10:31:00
K-1 Fiance(e) Visa Process & ProceduresDoes beneficiary have to have LAND to be approved ?

No, there is no such requirement. In fact it wouldn't make much sense at all to require someone applying for a visa to leave their country to own property there. The petitioner on the K-1 need not own property either. 

 


CaryhMalePhilippines2014-09-24 14:47:00
K-1 Fiance(e) Visa Process & ProceduresGetting married on Oct 6

what's next after we get married?

 

Normally the reception followed by the wedding night, woohoo! 

 

After that, apply to adjust status. See the guides section, they're very good. 

http://www.visajourn...content/k1k3aos


CaryhMalePhilippines2014-09-24 15:03:00
K-1 Fiance(e) Visa Process & ProceduresFirst name change after getting married.

 

Exactly!  And the bureaucrat that sprang to my mine was SSA staff, I read of them giving many so much ####### about their married name in the traditional Philippine format.  Now we didn't have that issue but the guy behind the counter was pretty sharp.

 

New York actually has a law stating you can only change the last name with marriage. This throws a real monkey wrench in getting a Filipina the name her country requires her to have. But yes, I've heard of many running into trouble in states that do not define things clearly. You end up with some bureaucrat making his/her opinion the law.


CaryhMalePhilippines2014-09-29 10:59:00
K-1 Fiance(e) Visa Process & ProceduresFirst name change after getting married.

 

That is very interesting.  There is a solution for many then... get married in Minnesota!   ;)

 

Wonder if there are other states like that, be nice to have a list, it would come in handy on here.

 

What I like more than anything is it clearly spells out the name after marriage. So you don't get some bureaucrat telling you what you can and cannot do with the name after marriage, when its only their opinion and not the law.


CaryhMalePhilippines2014-09-29 10:41:00
K-1 Fiance(e) Visa Process & ProceduresFirst name change after getting married.

Anyone know of a state that allows for the first name to be changed upon marriage?  Doing a search I came up with z-i-p.

 

 

 

Minnesota's marriage license allows for changing your name completely, including your first name. The name after marriage and before marriage will be shown on the final marriage certificate. BTW my first wife took advantage of this option to change her name from the long form of her first name, to the shortened version of the name. When we got divorced, she changed back to the long version. 

 


Edited by Caryh, 29 September 2014 - 10:19 AM.

CaryhMalePhilippines2014-09-29 10:17:00
K-1 Fiance(e) Visa Process & ProceduresFirst name change after getting married.

 

Change her first name?  Can't change the first name just because one got married.   Need to go to court for that.  

 

This depends on the state you live in, but in general I agree with you. My own state does allow for the changing of your first name when you get married.


CaryhMalePhilippines2014-09-29 10:01:00
K-1 Fiance(e) Visa Process & ProceduresFirst name change after getting married.

While she may be able to change her first name with a court order in the USA, she will not be able to use that name in the Philippines or renew her passport using that name. Philippine law is rather strict on what names their citizens are allowed to use. 

Per Philippine law, she can go by her maiden name, basically just as it was before she married you. Or she can follow Philippine tradition, taking your last name as her new last name, and move her paternal last name into the middle name position, dropping the maternal middle name. She can also go by Mrs "Your Full Name". Those are her only legal options that will be recognized by her country. 

In order to get a new passport in her married name, you will first need to register the marriage abroad with the Philippine Consulate with jurisdiction over the location the marriage took place.


CaryhMalePhilippines2014-09-26 13:05:00
K-1 Fiance(e) Visa Process & ProceduresHey folks

appeal on a K-1 and it will take 4 times longer than reapplying. Win the battle and lose the war type of thing. Plus they could always use the not valid relationship as the reason on the paperwork.

 

 

 

Some countries don't even bother to give vaccinations to K-1 applicants. Some countries give all the required ones at the medical. Yes, it depends on the country. However, they are not supposed to deny a K-1 for not having vaccinations, no matter what consulate it is. Someone could appeal that, if they did.

 

9 FAM 41.108 N1.2 > http://www.state.gov...ation/87492.pdf

 

Since applicants for K visas are essentially intending immigrants, a complete medical examination is required in every case. (See 9 FAM 41.81 N4 (a)(1)). As nonimmigrant visa (NIV) applicants, fiancé(e) visa applicants technically are not subject to the INA 212(a)(1)(A)(ii) (8 U.S.C. 1182(a)(1)(A)(ii)) vaccination requirement. However, we (the Department of State) and the Department of Homeland Security (DHS) have agreed that medical exams for fiancé(e) visa applicants should include the vaccination assessment as a matter of expediency. Therefore, you should make every effort to encourage fiancé(e) visa applicants to meet the vaccination requirements before admission to the United States. Nevertheless, you may not refuse K-visa applicants for refusing to meet the vaccination requirements.

 

Medical Examination and Vaccination Requirements > http://travel.state....ance-k-1.html#7

 

K visa applicants are encouraged to get the vaccinations required under U.S. immigration law for immigrant visa applicants.  Although such vaccinations are not required for K visa issuance, they will be required when adjusting status to that of legal permanent resident following your marriage. Applicants are therefore encouraged to fulfill these vaccination requirements at the time of the medical examination.
 

 


CaryhMalePhilippines2014-09-29 15:29:00
K-1 Fiance(e) Visa Process & ProceduresHey folks

BTW even if you had one of these communicable diseases, once treated and cured the immigration process can then proceed again. TB is a big problem in my wife's country, and many cases get found in the medical exam. The treatment period is 6 months long, and after they're cleared they move right along to their interview.

Another part of the medical is often to get the vaccines you're required to have to get your green card once you're married and apply to adjust status. I believe the giving of vaccines vary's by country though. 


CaryhMalePhilippines2014-09-26 14:56:00
K-1 Fiance(e) Visa Process & ProceduresMARRIED NOW - WORKING ON AOS & EAD

Hehehe... Yes... it is rare to see the female as the USC and the male as the foreign fiancé... but we do exist lol...

Thank you all for your replies... I figured I will use my new married name since we will be including a copy of our marriage certificate with the packet.
 
:joy:




Oh I certainly know it exists, but its got to be only a couple out of a hundred. Even rarer is the female USC that marries the Filipino and goes to live there, but I know of a couple cases of that two. Its just not my default mindset, so I can get taken off guard. Congrats on the marriage!

CaryhMalePhilippines2014-10-02 10:15:00
K-1 Fiance(e) Visa Process & ProceduresMARRIED NOW - WORKING ON AOS & EAD

 

That is what shows in her profile.  She simply needs to know the process for there, still tied to the marriage license is my thinking

 

 

I get so used to Filipinas marrying USC's and rarely seeing the opposite, that its easy to just assume  :lol:


CaryhMalePhilippines2014-10-01 09:22:00
K-1 Fiance(e) Visa Process & ProceduresMARRIED NOW - WORKING ON AOS & EAD

 

She - is a USC .

 

You're right, I missed that. Wonder if she is living in Guam though?


CaryhMalePhilippines2014-10-01 09:13:00
K-1 Fiance(e) Visa Process & ProceduresMARRIED NOW - WORKING ON AOS & EAD

 

In most states, once married your simply start using your married name, there is no process, so you use your married name for EVERYTHING... including AOS documents!   

 

You grab a certified copy of you marriage certificate stop by SSA get your SS card updated, you get your driver's license update, the bank... well you get the idea.

 

It appears she's in Guam though, which from what I read, makes it appear her name automatically switches to the married name following the Filipino way unless she opted out of it before hand.


CaryhMalePhilippines2014-10-01 08:30:00
K-1 Fiance(e) Visa Process & ProceduresMARRIED NOW - WORKING ON AOS & EAD

My apologies if I'm wrong. I did try to clarify that name changes that happen simultaneously with the marriage certificate depend on the jurisdiction, and I'd love to learn more about states where you change your name when getting married but they don't actually put it on the marriage certificate?seems counterproductive to me. Are you saying that states list the spouse's maiden name only, even though they give her the option to update her name? Or are you saying that USCIS will allow you to take the format "FirstName HusbandsLastName" without that name having been previously written into a marriage certificate? Thanks for all your input!

 

Most states do not put the name after marriage on the marriage certificate. They will tell you to just go get a new ID in the married name you want and a new SS card. As your marriage certificate gives you the right to do that. 

But I agree with you, it is much clearer in states where you put the name you want after marriage on the original license and show it on the certificate. Saves a lot of headache for Filipinas that want their married name recognized in their home country, but some bureaucrat tells them they can't change their middle name with the marriage certificate. I believe only NY state is the only state with a law against changing the middle name with marriage.  


CaryhMalePhilippines2014-09-30 13:44:00
K-1 Fiance(e) Visa Process & ProceduresMARRIED NOW - WORKING ON AOS & EAD

There is no automatic format for a married name. It's whatever you declare at marriage (depending on the jurisdiction) or during a legal name change. If OP didn't change her name on the marriage certificate or via the courts, she has to continue to use her legal name.

 

As a Philippine Citizen, there is a a format on what legal names she can have after marriage. This is written into the laws of the Philippines. No other forms will be recognized in her country.

 

Most states do not include the name after marriage on the marriage certificate. The one wishing to take a new name after marriage does so by changing their IDs after marriage in the format they desire.

 

It appears Guam follows the same name after marriage format as the Philippines. 

http://www.guampdn.c...firstthing.html


Edited by Caryh, 30 September 2014 - 09:57 AM.

CaryhMalePhilippines2014-09-30 09:54:00
K-1 Fiance(e) Visa Process & ProceduresMARRIED NOW - WORKING ON AOS & EAD

Fill out the forms using your new married name. First Name, Paternal Last Name, Husband's Last Name. Filling out the forms this way is part of the process of establishing your new married name. Enter you unmarried name, and a name formerly used. 


CaryhMalePhilippines2014-09-30 09:20:00
K-1 Fiance(e) Visa Process & ProceduresU think I have a prob :(
If you documented in the divorce papers you were returning to your maiden name with the divorce, that became your name on the date the court finalized your divorce.
I've no idea who SS got your current legal name back on the SS account, but it was your responsibility to change all your ID's and notify SSA about your name change. Did you bother to change your SS card to your married name originally? Could be the court in your location informs the SSA of legal name changes issued by the court, but the courts I've dealt with requires the individuals to do it.

I rather doubt it will effect the end result of your petition, as you should have entered all the names you've gone by, so they should have a record of both your maiden name and married name. But it might cause delays and confusion as you're using a name you're no longer really entitled to use.



CaryhMalePhilippines2014-10-02 10:09:00
K-1 Fiance(e) Visa Process & ProceduresOther denials affect k1?! (merged)

You will likely be asked about them, but all you need to do is to tell the truth. As long as you do not try to hide them or lie about them, they should not affect your ability to get the K-1. 


CaryhMalePhilippines2014-10-01 10:12:00
K-1 Fiance(e) Visa Process & ProceduresProof of meeting/Lost boarding passes

At the I-129 petition stage, you only need to prove a single meeting in the two years before filing. Passport stamps of entry are considered primary evidence, where boarding passes are only secondary evidence and need more supporting documents.

 

 

 


CaryhMalePhilippines2014-10-09 11:45:00
K-1 Fiance(e) Visa Process & Proceduresabout annulment

thanks again my fiance told me that some got approved without cemar and mc annotated but they provide it on their interviews but some are unlucky got rfe im a little bit confused on what to do coz i want my fiance to be with me asap thank u for answering :)

 

If you want to be safe, you wait and file after the CEMAR is annotated. The court approved the annulment, but its not official until the NSO annotates the CEMAR. She could not remarry in the Philippines unless she had the annotated CEMAR, and the I-129F petition requires both are free to marry when the petition is filed.

 

There have been people denied because a court signed off on a divorce, but the paperwork wasn't certified for weeks later, but they filed an I-129 right after the judge signed it. Some may slip by, but do you want to go through the whole process to get denied at the interview because you filed before the CEMAR was annotated?


CaryhMalePhilippines2014-10-10 10:13:00
K-1 Fiance(e) Visa Process & Proceduresabout annulment

hi can you help me regarding annulment case of my fiancee she got her decision last aug2014 she has her decision and finality can we used this already for filing fiance visa? coz she told me that her mc annotated will release after 3mons coz she's living in mindanao thanks 

 

She'll eventually need the annotated the CEMAR, showing the marriage has been legally terminated. This won't be needed until the interview stage. But do make sure the decision has been filed with the NVC so the CEMAR can get annotated. Until this part has been completed, she is not free to marry as the K-1 requires.

 


Edited by Caryh, 10 October 2014 - 09:25 AM.

CaryhMalePhilippines2014-10-10 09:24:00
K-1 Fiance(e) Visa Process & ProceduresPossible denials - curious

I'm just curious, didn't want to offend anyone or anything or make anyone feel bad but I wanna see what other hVe been denied for, to make sure I myself won't be denied for any of them and also make sure that if there's a certain paper to bring/ or such to make sure I do etc!

 

Everyone is always worried before hand. I'd look for reviews about your embassy and what others have gone through. You should be able to get a list of what to bring right from the embassy in your country. While there are denials they are not really that common. If you have a valid relationship, and both parties meet the qualifications, then its almost always pretty easy. Its people who try to cheat or game the system that are the ones who often find themselves getting denied.

 

Oh thought of another denial reason, the couple is already married to each other. They either can't wait and get married after filing, or thought the K-1 was faster then the CR-1 so they'd sneak through using it. Or they have a marriage ceremony without the marriage certificate and the embassy finds out about it. 


Edited by Caryh, 10 October 2014 - 01:42 PM.

CaryhMalePhilippines2014-10-10 13:37:00
K-1 Fiance(e) Visa Process & ProceduresPossible denials - curious

 

Am I a bad person for thinking that if this was in a thread on VJ that I'd want to read it?!

 

lol I'm sure it has been on the VJ forum before. VJ has certainly been around long enough for it to have been. Although I came across it on an entirely different forum, where the embassy withheld issuing a K-1 visa until they informed the petitioner and asked him what he wanted with that knowledge. Of course he wanted the whole thing ended. In another such case the embassy was not aware the petitioner had gotten his fiancee pregnant on a return visit after the petition was filed. As they had no evidence of the visit in the evidence the woman brought, but the medical confirmed her as very recently pregnant. Its good to know the embassy is looking out for our interests


CaryhMalePhilippines2014-10-10 13:28:00
K-1 Fiance(e) Visa Process & ProceduresPossible denials - curious

I-129 denial reasons

failure to prove meeting in the two years prior to filing, some people actually file without ever having met in person.

sending the form with no supporting evidence.

not being free to marry when the petition was filed.

failure to prove citizenship

 

interview denial reasons:

crime of moral turpitude

past drug use

woman is pregnant with some else's baby. Yes this has happened!

not sharing a common language, inability to communicate with each other

relationship is outside the customs and standards of the immigrant's country

immigrant is found to have a disease which bars entry and fails to get treatment. 

Previous illegal entry into the USA and failure to get a waiver.

 

Adam Walsh Act violation of the petitioner.

If I keep thinking, there's tons more reasons I've seen over the years. 

 


CaryhMalePhilippines2014-10-10 13:04:00
K-1 Fiance(e) Visa Process & ProceduresField office question

You can't request an appointment in another location, but you can do a walk in biometrics before your appointment in any location that will allow you an early walk in.

 


CaryhMalePhilippines2014-10-14 15:19:00
K-1 Fiance(e) Visa Process & ProceduresI-134 - What to do if you don't have a job history

Embassies do not have to accept co-sponsors when applying for a K-1 visa. Some embassies will, some won't, and some accept co-sponsors sometimes. Each embassy tends to make its own rules on what it wants to see. Technically you only need to meet 100% of poverty for the K-1, but most seem demand 125% because they know you'll need that to adjust status later. Even at 125% they do not need to accept that as sufficient to keep the immigrant from needing government aid. It is totally up to the CO when applying for a K-1. Typically they see a student graduating from college with an in demand degree, as a better risk to keep the immigrant off the public dole. Seeing family support behind the immigrant also helps turn the tides at the maybe they'll accept a co-sponsor embassy. A friend who might be gone tomorrow, or might balk at the language in the I-864 is going to much less acceptable for them. Also the I-134 requires 5 times the value in assets to make up for the shortfall of income. The I-864 requires only 3 times, but that one won't come up until you're adjusting status. BTW, the CR-1 visa for a spouse ties the hands of the CO at the embassy as to what they must accept for income, assets and co-sponsor. They must accept a co-sponsor as long as the meet the income requirements and are a citizen or legal resident of the USA.

 


CaryhMalePhilippines2014-10-15 14:54:00
K-1 Fiance(e) Visa Process & ProceduresShould these pictures be shown at K-1 interview?

 

My wife came from Philippines, and I was nervous about an engagement party.,.,.,,where I just got down on one knee and proposed.,.,but "no service".,.,.,.,.nothing but a lot of people, eating and drinking, having a great time!

 

But, I was worried someone would post something.,.,.,.,WHICH can trigger a direct refusal!

 

 

engagement parties are very typical in Filipino culture. I would not worry about one of those at all. But there are plenty having blessing ceremonies in full wedding attire that get themselves in trouble.


CaryhMalePhilippines2014-10-15 09:00:00
K-1 Fiance(e) Visa Process & ProceduresShould these pictures be shown at K-1 interview?

In a nut shell, I had a small wedding with my fiance when I went out there. It was only legal through our church. Not the government. I'm bringing her here as fiance. During interview if they ask for additional evidence should my lady show our wedding pics? Or would that not be wise?

 

There was a couple with the wife from the Philippines that did something similar, then posted the pictures all over facebook and bragged about it not being a problem. They found out it could have been a problem, except for the long delay between the ceremony and the interview proved no paperwork was ever processed or it would have been in the national records office by then. The CO even told them had the time period been shorter, they would have had a denial. In another country without the record system the Philippines has, it could have been a denial also. Be very careful about blessing ceremonies, particularly if you're dressing as a couple being married. Even engagement rings that look like wedding rings have been known to cause trouble. As has calling each other husband and wife. Much of this has to do with the country and the local customs too. If it looks like a wedding, if they act like it was a wedding, if they treat each other as married, they must be married, sorry here's your denial. Don't be that person.


CaryhMalePhilippines2014-10-14 13:51:00
K-1 Fiance(e) Visa Process & ProceduresThe RFE Master List
I got an RFE and I tell you these form letters are a bit confusing. Do they all start out with the comment about "If the petitioner is, My Name, was born in the U.S. and will be submitting a birth certificate as proof of US citizenship, such must be a civilly registered long-form certificate". I'm wondering if they are questioning my birth certificate here. I sent a copy of the only birth certificate you can currently get in my state. You used to get them at the county level, but now the state handles them all.

Intent to Marry:
We sent one from both of us signed and dated. But either they lost them of didn't like them.

Requirement That Petitioner and Beneficiary have met in person:
Under this are multiple parts
- Circumstances of Meeting
- Last Personal Meeting

Does this mean they want a letter of how we originally met?
And more evidence to prove out meeting within the last two years?

Personally it looks like they just copy and pasted from forms. But its not all that clear to me what they want. Is it the bold and capitalized parts? A little help from those who have gone through this could help a lot.

Thanks
CaryhMalePhilippines2011-06-12 20:29:00
K-1 Fiance(e) Visa Process & ProceduresDo shots or not ?

I was already fianced in 2009 but we broek week before my interview .1year later i met the love of my life and things Thx to God go wonderful .soon inshaa Allah i will ahve God willing the ineterview .My question do i need do the same shots again as i already did the shots in 20009 ??, :blink:


You need provable records that you are currently vaccinated. Some of the vaccinations require booster vaccinations after so many days. If you didn't get the booster, that vaccine may have to start from the beginning or just need a booster now. So your first step is getting your vaccination records and having a medical professional decide what you need to be current on all the required vaccines.
CaryhMalePhilippines2012-02-01 16:40:00
K-1 Fiance(e) Visa Process & Proceduresds 156 online

ok thank you soo much!!
do u think they would deny his k1 visa due to this??
he already completed his punishment and hasnt done anything bad. he was hear in the USA with a visa just didnt follow the terms right.


This link might help you, it spells the rules out pretty clearly.
http://www.usimmigra...aying-a-us-visa

He did not exceed the 180 day mark of over stay and was leaving on his own accord, so there was no ban. I think the "punishment till march of 2010" was a scare tactic and that is why no paperwork was generated.
CaryhMalePhilippines2012-02-24 14:52:00
K-1 Fiance(e) Visa Process & ProceduresK1 AOS
We went to our local office as soon as we got the letter. They let my wife right in and took her finger prints and photo. I've heard some offices allow it and others don't, but much can depend on how busy they are at the time you show up. If others have gotten in at your local office, go for it.
CaryhMalePhilippines2012-02-27 15:46:00
K-1 Fiance(e) Visa Process & Proceduresprimary or secondary evidence?
We got an RFE saying we lacked a Letter of Intent. It didn't tell us if it was mine or her's. They were both there in the original petition, but I had put them together in a clear page protector. I think they failed to turn the page and see her's was on the back of mine. But we sent two new copies, this time not in clear page protectors, just to be sure.
CaryhMalePhilippines2012-03-02 14:38:00
K-1 Fiance(e) Visa Process & ProceduresRFE .. freaking out
When I had an RFE, it was recommended by the second level customer service agent at UCIS to include everything you sent before plus more. You can never be sure if they have lost or misplaced some of your petition evidence or forms. Two of the things they asked me for I can say with 100% certainty were in the original petition, but I sent them again any ways. We had our approval within a week of them receiving my reply.


As to the passport, they want the photocopies of the entry and exit stamps in the passport used when one of you went to visit the other. You have to show you have been together in person within the last two years. The passport stamps are considered primary evidence of being together. You also want to include a copy of your information page in the passport. Without some form of primary evidence, the secondary evidence may be rejected. You need to create a complete picture showing you have met in person.

Edited by Caryh, 02 March 2012 - 02:27 PM.

CaryhMalePhilippines2012-03-02 14:26:00