ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresIncome Tax Returns

Thanks for all your answers! I still don't know about the 2010 forms. Let's suppose the interview will be in March. Can we take the 2010 forms?
Blah... I hope I'm making sense...


Forget about "which forms". You take a copy of the complete tax return. Simple.



pushbrkMaleChina2011-01-19 21:45:00
K-1 Fiance(e) Visa Process & ProceduresPrimary Vs Secondary Evidence?

In applying my two bits regarding "Evidence of the Relationship," I'm not sure any of us truly understand the mindset or internal workings of the USCIS. Nonetheless, the senior members within JV have seen and experienced a great deal. Thus, their advice should be pretty solid. Based on others reporting and advice, along with our experience, I cannot say enough about postal mail. Email and other digital formats are so easily manipulated. Therefore, we used postal mail as well as Email, Cam, and such. The postal mail not only shows a more personal involvement, but is also post marked from each corresponding country, in turn, rendering a better means of authenticated communication. Yes, sadly, the postal mail is much slower. However, I believe it will stand better than copies of emails alone. I know you will prevail!




See bold above. USCIS doesn't care in the least about evidence of relationship. They care only about primary evidence of meeting in person, freedom to marry and the petitioner's US Citizenship status. "Evidence of relationship" is for the Consular officer to evaluate. With that in mind, you make good points but the Consular officer (not USCIS) is looking for evidence of how and how frequently you communicate secondarily but primarily how frequently and how much time you've spent together, whether you CAN communicate and whether the beneficiary KNOWS what a fiancee WOULD KNOW about the petitioner and the relationship. So, make sure your attention is on the priorities.


pushbrkMaleChina2011-01-20 01:21:00
K-1 Fiance(e) Visa Process & ProceduresBeneficiary Working Remotely while in US

Ok. I do know that my fiance ran into a lot of questioning by Customs because before visiting me, he had been in the U.S. only a week before to deliver training. He explicitly told them and showed them the dates in his calendar that he would be in the U.S. to deliver training for work and they seemed to have no problem with it after seeing the proof. They asked how he would support himself while on a long visit, he said he will be working sporadically training their U.S. clients when training is scheduled. He is on VWP. But I'm concerned about when we are married. Would he still be able to work for his company while he finds work here locally? Would be nice if he can still earn income instead of none for 3 months.


No worries. When he comes in using the K1, he need not mention work at all. He's coming to marry and adjust status. Period. Doing training and working remotely is allowed. I already addressed that.



pushbrkMaleChina2011-01-20 17:28:00
K-1 Fiance(e) Visa Process & ProceduresBeneficiary Working Remotely while in US

Ok so I have seen this asked sporadically around the site and no one can give any of us a legal answer. We are almost convinced this is an area where technology is beyond the law.

Can the Beneficiary / K-1 Applicant / the non-us citizen / whatever work remotely for their homeland-based-company while in the U.S.? Either on visit or during AOS process?

For example, my finace has clients all over the world. His company employs trainers that deploy and/or conduct webinars all over earth to deliver IT training. He has clients in the US. Would he be able to deliver training, as an employee of the uk based company while visiting the U.S. on K-1 or AOS?

Basically, can the beneficiaries work remotely during AOS whilst awaiting EAD?

I know it may be a question better suited for AOS, but it's something you should be thinking about whilst going through K1 and may come up in the interview (I guess).


Sure, people do it all the time. If you use a B1B2 visa or VWP to enter the USA and give as your reason for visiting that you're teaching a training class, no problem. My first experience with this was in the direction, when I visited the UK as an exhibitor at at trade show, then later the same month to train a distributor on the use of a new product. All the VWP countries cooperate similarly in this regard. The same goes for those who need B1B2 visas to visit the USA.



pushbrkMaleChina2011-01-20 15:52:00
K-1 Fiance(e) Visa Process & ProceduresREQUEST FOR EVIDENCE

Agreed. You didn't provide sufficient evidence of meeting in the past two years.

Also, please stop using all caps and underlining everything. Posts like that are very difficult to read.




Apparently there are two issues.

1. Submitted Chinese documents without translation. For a fiancee case, that would have been a divorce decree. Have the fiancee get a Notarial Translation of her divorce decree from the "Notarial Office". It's called the Gong Zheng Chu.

2. You failed to submit primary evidence of having met in person in the past two years. They are telling you what qualifies and asking you to provide it. If you have not been in the same country at the same time in the two years preceding filing the petition, don't bother responding.

You don't have much time, so have her get to the Gong Zheng Chu with the divorce decree right away, then scan you each page of the booklet. Make sure you submit the pages in the correct order.


pushbrkMaleChina2011-01-19 21:43:00
K-1 Fiance(e) Visa Process & ProceduresDocumentation for Minor

Thank you for all the info. In regards to the permission from other parent. My fiance was never married to her sons father. He basically is a dead beat dad that abandoned his son about 10 years ago. He has recently made contact with his son and communicates with him ocasionally by telephone. He never gave any financial support until recently as well. What he does offer is peanuts. To the best of our knowledge the father is living illegally in the US, but his whereabouts is unknown. We think Miami.
We can make an atempt to get permission from him, but I think it will be difficult. Is there any other option to show that my fiance has sole custody and that the father abandoned the son?


You need a country specific answer for this. If it were the Philippines, the fact they were never married would be all you needed. For Colombia, get a Colombia specific answer.
pushbrkMaleChina2010-12-19 22:16:00
K-1 Fiance(e) Visa Process & ProceduresDocumentation for Minor

So this means he will have to travel to Bogota with my fiance and attend his own medical appointment before the interview? Or do we just need to show thay his vaccination record in up to date?


The K2 visa applicant needs all the same documentation including a medical exam PLUS applicable permission from the other parent.
pushbrkMaleChina2010-12-19 17:27:00
K-1 Fiance(e) Visa Process & ProceduresDocumentation for Minor

Hello, My fiance has a son of 11 years old. I am aware that she will have to provide medical and police reports for the K-1 process. What documentation is required for her son? Is he subject to the same medical and police reports?

Thank You



No police reports for anybody under 16 but otherwise the documentation is pretty much the same for both once the petition is approved. In addition, you'll need country specific information on permission from a non-custodial parent.
pushbrkMaleChina2010-12-18 13:15:00
K-1 Fiance(e) Visa Process & ProceduresQuestions about I-129F

For primary evidence I have my passport stamp, boarding passes, e ticket, pictures of our engagement.. I just wanted to include other information or proof to be thorough but if it is not necessary then I will leave it for the interview.



Does no harm to provide a little relationship evidence with the petition. "Pictures" of your engagement are not primary evidence of meeting. They are secondary but yes, include them.


pushbrkMaleChina2011-01-22 22:34:00
K-1 Fiance(e) Visa Process & ProceduresQuestions about I-129F

Hi everyone. I just have a couple of questions about the evidence needed for the I-129f ... I am submitting my cell phone bills as evidence but it does not have the number I am texting or calling. It just says Egypt international call and texting. Is that sufficient? Also do you need letters from your friends stating you have a relationship together as part of the evidence and if so can it be typed or does it have to be handwritten? Finally do I have to print out every single Skype conversation we have had or will some from different months do? I want to get my fiance here as soon as possible and with no mistakes done on my part so hopefully someone will answer me quickly... I need him here with me as soon as possible. It is difficult being without him. Thanks to everyone.
Esha




Unless you've got some red flags you're worrying about, none of the above is needed at the time you file the petition. If you decide to include some evidence of a bona fide relationship, make it a few examples of how and how frequently you communicate. Your real attention needs to be focused on primary evidence of meeting in person. What are you including for that?


pushbrkMaleChina2011-01-22 19:03:00
K-1 Fiance(e) Visa Process & ProceduresPassport Pages

The instructions say to copy ALL pages of the US passport, but most of them in mine are blank since I don't need a visa or stamp to visit Canada. Do I really need to copy ALL the pages?


Only if you're using your passport as proof of citizenship. If you can send a photocopy of a certified copy of your US birth certificate, there's no need to send ANY of your passport.



pushbrkMaleChina2011-01-23 20:18:00
K-1 Fiance(e) Visa Process & ProceduresPetitioner Interview

Pushbrk - Please familiarize yourself with the embassy of which you are speaking before you make a blanket declaration. This is COMMON practice in Jamaica - In fact, many used to recommend that you attend the interview so that this could be avoided. However, the embassy recently changed to not allow the petitioner (without special permission) to attend the initial interview, and will blue slip if they feel appropriate.

Most people that were blue slipped incurred the cost of the trip - only to walk into the embassy, be asked who they petitioned for, and were approved.

Your response is not accurate for Jamaica.


My advice is for the couple to be prepared for a stokes type interview. If it turns out to be simpler, great. If not prepared, not so great.
pushbrkMaleChina2010-11-11 16:07:00
K-1 Fiance(e) Visa Process & ProceduresPetitioner Interview

I am new to this forum and I have a few questions. My fiancé had his interview on Nov 9, and they gave him a blue slip requesting an interview with me (not very convenient right now but what can I do). I sent an email telling them I can get to Jamaica next week.
1) Do they schedule interviews for the petitioners so soon? If not about how long does it take. Was planning to get married in January but that may not be possible now :(
2) After the interview would I be able to wait for a week or so and have him travel back with me?
3) If not, how long before he has the visa in hand?
4) If you selected on the ds-230 to have them assign a social security # would he get that at the airport?

Thanks for all the helpful replies in advanced :)


Requesting a second interview to include the petitioner is a major development and must be taken seriously. It's is NOT a good development. It means the Consular officer thinks the relationship is fraudulent and they will try to discover any material misrepresentation to go with the denial. Expect a "stokes interview". Just google "stokes interview".

Concern yourself first with preparing to overcome the decision to deny the visa. All your other issues are minor details.
pushbrkMaleChina2010-11-11 13:15:00
K-1 Fiance(e) Visa Process & ProceduresIn what order are applications processed???

Hu..I agree with that, I mean, obviously they must process the paperwork in a certain order. I just don't understand why sometimes people from the same country got their aprovals first. That's what I would like to know.


Have you been reading my responses? I explained its a multiple-step process and cases can get held up at any step for many reasons. Read my responses again for your answer. If you want a definitive answer about your own case's delays, that's not possible.



pushbrkMaleChina2011-01-24 17:25:00
K-1 Fiance(e) Visa Process & ProceduresIn what order are applications processed???

I don't agree with that. For example ...I'm from Brazil and my NoA 1 is from Aug 6, and I've seen several people from brazil who get their NoA1s later than me and they already get their NoA2. And I'm still waiting.


Just what are you not agreeing with? You statement above is not in conflict with anything in the post you quoted.



pushbrkMaleChina2011-01-23 17:45:00
K-1 Fiance(e) Visa Process & ProceduresIn what order are applications processed???

My post was quoted, so I assumed it was directed at me. My mistake.


Part of my post was in agreement with your conspiracy comments and the rest had to do with other elements of the discussion.



pushbrkMaleChina2011-01-22 02:50:00
K-1 Fiance(e) Visa Process & ProceduresVermont Slow As Maple Syrup!
Are you sure you got the right email address?
kontumdiaryFemaleChina2011-01-12 21:36:00
K-1 Fiance(e) Visa Process & ProceduresHelp With My RFE

I'm submitting my passport entry stamps as evidence of being in Spain (the country where my fiance is currently living and where we met) but all but one of my entry points were in different European countries (Germany, France, Switzerland) so I will send along an explanation that these countries were my first point of entries but that my final destination was always Spain. In conjunction with these stamps and an explanation I was going to submit copies of my bank statements that list ATM withdrawals and other purchases in Spain. If I don't have the actual ATM receipts, only the bank statements, will it be worthwhile for me to submit the statements? I can't recall whether bank statements are valuable evidence if not accompanied with the actual receipts. Anyone have any thoughts or knowledge about this?


In addition to what you list above, you'll need similar primary evidence that HE was also in Spain during the same time period. I expect that if you read your entire RFE in context, you'll find that the problem is really a lack of primary evidence of the meeting, not your explanation in section 18 of the petition. Pay close attention to their explanation of primary evidence. In your case, evidence of your travels to Spain is not enough because they will not presume your fiance was in Spain, like they would assume he was in Gambia if you had visited Gambia. You have to cover ALL the bases.
pushbrkMaleChina2010-12-22 14:42:00
K-1 Fiance(e) Visa Process & ProceduresHas anyones petition ever got sent to Nebraska, Texas, or the "benefit center"

Nebraska doesn't process the k1 visas, and from my understanding Texas may process some visas when their is a backlog otherwise it is just a lockbox.


This is not correct. First, other service centers process other kinds of immigration cases. Second, the Texas Service Center (where some I-130 petitions were recently transferred from CSC for the first time in several years) is in Mesquite, TX, about 50 miles from the lock box facility in Lewisville, TX. USCIS has numerous offices for multiple functions within Texas. It's a big State.
pushbrkMaleChina2010-12-23 00:19:00
K-1 Fiance(e) Visa Process & ProceduresEmbassy contact the employer

My employer told me he is leaving U.S for 2 months vacation. He is not here. I am concern that they will contact him and his phone will be off or something.


No worries.
pushbrkMaleChina2010-12-23 00:36:00
K-1 Fiance(e) Visa Process & ProceduresEmbassy contact the employer

U.S Citizen


Then your primary background check will be done before the petition is approved and a quick one again just before the petition leaves NVC. However, depending on what turns up, they'll do more, as they see fit. In general, contacting an employer is not part of the background check. The primary employer related issue is the evidence you present with your affidavit of support in order to document your current income. Otherwise, if you have some specific reason to be concerned about your employer being contacted, I would proceed as if the answer is that they will be.
pushbrkMaleChina2010-12-23 00:23:00
K-1 Fiance(e) Visa Process & ProceduresEmbassy contact the employer

When they do background check?After the interview or before?


Before or both. Are you the US Citizen or the foreigner?
pushbrkMaleChina2010-12-22 22:32:00
K-1 Fiance(e) Visa Process & ProceduresFiancee's local consulate does not process immigration visas

Hello,

My fiancee lives in Kyrgyzstan and her nearest U.S. consulate is in the capital Bishkek. However, they do not process immigration visas there, which are handled in nearby Almaty, Kazakhstan instead. Should I inform USCIS that she will be applying in Almaty or will the file automatically be forwarded to the nearest consul which handles immigration visas?

BTW, I heard Manila doesn't accept co-sponsors, is this true of other consulates or is it an unusual limitation?

Thank you!!!


NVC will send the file to the applicable Consulate. Manila is not unique with respect to not often accepting cosponsors for K visas but it is not a usual limitation.
pushbrkMaleChina2010-12-22 17:19:00
K-1 Fiance(e) Visa Process & ProceduresComplicated Love Story - Help!

Understood. I was mainly addressing the suggestion of using the EXIF information from the photo as evidence of when the photo was taken. I was making the point that the EXIF information was less reliable than the photo image itself because it's easier to edit. I also explained that USCIS will tend to believe your secondary evidence if you provide believable primary evidence, and disregard your secondary evidence if you don't have the primary evidence.


Exactly, which begs the question, "Why send the secondary evidence in the first place?" My answer is that the secondary evidence of meeting is really evidence of a bona fide relationship, not evidence of meeting. Send it. It serves a purpose but not usually the purpose of evidence of meeting in person.

Lots of petitions are approved without any photos of the couple together. Including some evidence of a bona fide relationship with the petition, can help get the interviewing Consular officer thinking positively in the moments before the interview. In some cases, this is critical.
pushbrkMaleChina2010-12-22 11:30:00
K-1 Fiance(e) Visa Process & ProceduresComplicated Love Story - Help!

So just to follow up....we realized that back in April, my fiance had popped his arm out of its socket (I know, ick), and I had to take him to the emergency room in the city where I was living. I had filled out the paperwork for the address, etc. He is in France right now again for a week, and said he would go to the hospital next week and see if he can get a copy of the records.

Would this be sufficient?


Probably. The combination of your primary evidence of being in France and his hospital bill during the same time from a French hospital will probably work. Make sure you add a brief explanation of the evidence.

In another thread you worried about the affidavit of support. Just to clarify, that's not needed until the interview stage.
pushbrkMaleChina2010-12-21 18:21:00
K-1 Fiance(e) Visa Process & ProceduresComplicated Love Story - Help!

EXIF information in a digital photo is not always included by every camera, and it's abundantly easy to edit after the photo was taken. It was intended to be useful to photographers for organizing their photos, and not as a means to reliably determine the date a photograph was taken.

The requirement for "film dated" photos is archaic, but there was a time when that method would have been a little more reliable. Before digital photo editing technology existed, it would have been difficult to change the date that was burned onto the film by the camera. However, even at that time, if you had a negative that was not film dated but had access to a dark room then it would have been relatively easy to add a date when making the print. It would also have been considerably less expensive than jumping on a plane to make another trip.

If you can provide adequate primary evidence that the petitioner and beneficiary were in the same place at the same time then USCIS will more or less take your word for it that the photos were taken at that time. Without the primary evidence, the photos mean absolutely nothing. Under 8 CFR 103.2, the evidence provided must establish eligibility. If it doesn't then a presumption of ineligibility exists which is the petitioner's burden to overcome. Chapter 11.1 of the AFM says that primary evidence must, on it's face, establish the fact in question. Secondary evidence makes it more likely that the fact in question is true, but does not do so on it's face. Adjudicators use their discretion when considering secondary evidence, which includes considering it's source. Secondary evidence manufactured by the petitioner is the least credible source.


I think the bottom line is the most likely result of filing now, even with the screen shots mentioned is a petition denial that may well be overturned upon appeal. However, the couple will be united in the USA several months sooner if they wait until after the next trip to file with clear primary evidence of meeting.
pushbrkMaleChina2010-12-18 12:03:00
K-1 Fiance(e) Visa Process & ProceduresComplicated Love Story - Help!

I know photographs are usually secondary evidence unless they are time-stamped, but I think if they go in partnership with the itinerary/passport stamp, etc etc, and notarized letters of friends/family who witnessed us together...plus the fact that I have a print-screen print-out of the photos in Microsoft Office Picture MAnager, with the date embedded in the photo clearly shown....



As you were typing your response, I opened a few photos in the same program and the ones that came from my newest camera that were directly uploaded from the memory card to my laptop, do show what camera model was used and the date taken when you click on the properties of the photo opened in MS Ofc. picture manager. A screen print would be as good as you can get. If you read some of the other decisions, they do mention accepting "film dated" photos. This MIGHT work. If you're going in February anyway, I think I would get everything ready and file when you get back. Up to you though.
pushbrkMaleChina2010-12-18 03:02:00
K-1 Fiance(e) Visa Process & ProceduresComplicated Love Story - Help!

So I found a way to display picture properties on Microsoft Picture Manager...they show the date the picture was taken. Some are obviously in Paris, like the one we have at Place de la Concorde, taken on March 27th, 2010.

Do you guys think this will suffice??


I suppose it depends on how you would manage to present that as evidence. Here's an example of how strict USCIS is about the evidence of meeting.

When he filed the petition, the petitioner responded "Yes" to question #18 on the I-129F Petition that
asks whether he and the beneficiary had met in person within the two-year period immediately
preceding the filing of the petition. The petitioner stated that he traveled to Iran in July of 2008 to visit
his family, whereupon he was introduced to the beneficiary. The petitioner stated further that, after
spending some time together, he and the beneficiary decided to marry.
On January 16, 2009, the director issued an RFE, requesting that the petitioner submit additional
information, including, inter alia, evidence that he and the beneficiary had met in person within the
two-year period immediately preceding the filing of the petition or, in the alternative, evidence to
establish why the requirement of an in-person meeting should be waived.
In his February 9, 2009 response to the director's WE, the petitioner submitted additional evidence,
including copies of pages from his U.S. and Iranian passports and an itinerary reflecting a trip to Iran in
July of 2008.
The director denied the nonirnmigrant visa petition because the record contains no evidence that the
petitioner and the beneficiary personally met within the two-year period immediately preceding the
filing of the petition or that the petitioner qualified for a waiver of that requirement.
On appeal, counsel states, in part, that the petitioner has submitted adequate evidence that he traveled to
Iran in July of 2008, during which time he met and became engaged to the beneficiary. Counsel's
supporting documentation includes: letters from the beneficiary and her father pertaining to their
cultural practice of taking photographs of unmarried daughters; and a confirmation of premarital
counseling and medical examination for the petitioner and the beneficiary, dated August 4, 2008, from
Page 4
the Shahid Soltani Health Center of the University of Medical Sciences and Health Services of Fars
Province.
In this case, the petitioner and the beneficiary were required to have met in person between September
15, 2006 and September 15, 2008. The petitioner has submitted evidence of traveling to Iran in July of
2008, which falls within the two-year period immediately preceding the filing of the petition. The
petitioner has also submitted a confirmation of premarital counseling and medical examination for the
petitioner and the beneficiary, dated August 4, 2008, from the Shahid Soltani Health Center of the
University of Medical Sciences and Health Services of Fars Province. Taking into account the totality
of the evidence, the AAO finds that the petitioner has established that he and the beneficiary met
between the September 15,2006 and September 15,2008 timeframe.
A review of the record finds that the petitioner has submitted all of the required documentation, as
described in the instructions to the I-129F petition. Thus, the AAO finds the petitioner to have
overcome the basis for the director's denial of the instant petition. Accordingly, the AAO will sustain
the petitioner's appeal and approve the petition.
pushbrkMaleChina2010-12-18 02:47:00
K-1 Fiance(e) Visa Process & ProceduresComplicated Love Story - Help!

Just a quick thought, but is there any way you can do a quick trip to Italy, maybe over the holidays? That way you'll just need to provide evidence of that one trip as primary evidence of meeting in person, and you can include all the other fun pics and brief relationship history as supporting evidence. It all gets forwarded to the Embassy, so as long as the petition adjudicator can tick the 'concrete evidence of meeting within 2 years' box, the rest will go to supporting his visa application in Italy.


The bottom line is that you make a quick trip or a pretty high risk of denial a few months down the road, resulting in making the trip anyway. You do NOT have primary evidence of meeting in the past two years. Read here about similar denials and judge the risk for yourself.

http://www.uscis.gov...errFrameset.jsp

The page displays in a strange way but you mouse down to D6.

Edited by pushbrk, 18 December 2010 - 02:05 AM.

pushbrkMaleChina2010-12-18 02:01:00
K-1 Fiance(e) Visa Process & ProceduresAddress Question

Yes, I lived in France for 8 months, but I did put it down...you're right, just to further prove that I was living there.

I just wasn't sure if I needed to list my past 4 residences during college...I guess it was from August to May each year, a new apartment, going home for the summers. I don't remember them all, but I guess I can dig them up somewhere.


No worries. Use the permanent address.
pushbrkMaleChina2010-12-24 10:51:00
K-1 Fiance(e) Visa Process & ProceduresG-325a Question: Last place of residence outside the US

Dear JVers!

Do you think it would be OK to answer that question on the G-325a as "UNKNOnW". I cannot remmember the street name and number of a place that I left almost 17 years ago! Besides, that was before I ever came to the US. I am a naturaized US citizen now. Is it even relevant?

Does answering questions you do not know the answer to as "unknown" as bad thing that can result in a RAE?

Thank you all!


Put unknown for what you don't know but you certainly know the city, province, country and dates.
pushbrkMaleChina2010-12-24 16:08:00
K-1 Fiance(e) Visa Process & ProceduresI-129F Question: International Marriage Broker???

This is correct, and is a literal quote of the law. :thumbs:



I'll go a little further. The site may specialize in hooking people up with men or women from a specific country, culture, or religion. For example, it may specialize in hooking people up with Filipinas or Muslimahs, as long as it doesn't specialize in hooking up Americans with these people. For example, a site may specialize in introducing men to women from China. As long as it offers equals services to men from the US, Australia, New Zealand, UK, etc., and charges them the same fees, then it's NOT an IMB as defined in the IMBRA.


While the above is absolutely accurate, it may also be helpful to know that since IMBRA was instituted, I've seen no evidence whatsoever that cases are processed any differently based on how you answer that yes/no question. IMBRA is a stupid law, that USCIS and Consulates involve themselves with as little as humanly possible. In short, it's limited to informing visa applicants of criminal records if those questions are answered yes. They do NOTHING with regard to the IMB question.
pushbrkMaleChina2010-12-24 16:27:00
K-1 Fiance(e) Visa Process & Proceduresanyone can help me out.pretty please

okay, so here is my problem. i am printing my chat conversations right now. my biggest problem is,just for one chat conversation, would actually amount to 50 pages, as the minimum. and knowing that, that is only for 1 day. now, if we have to print it all, like from sepember 2010 until december. you multiply that 50 pages, thats more or less the paper ill be needing. no kidding. 50 pages is the minimum length of our conversation. i just checked each and every date. will this be a problem? i dont want to send more than 10,000 or more pages of chat conversation. please help me with this..


So just don't do it. Print some example screen shots of chat logs and screen shots of a page or two of actual chat text per month, spread over time. If it all ads up to more than about 20-25 pages, cut back and spread out the time more. The object is to show an example of how and how frequently you communicate, not publish your memoirs.
pushbrkMaleChina2010-12-25 20:24:00
K-1 Fiance(e) Visa Process & ProceduresIf Fiance does not get married within 90 days

That's true, it is.

The part of newlyweds post that I liked was where they talked about what the immigrant gives up to come to America. You have to admit that gets overlooked sometimes. I have no idea what the membership ratio on VJ is of foreign spouses from developed countries vs. poorer nations. Or nations where there is political strife vs. nations with relative peace. My husband is European. It wasn't his ambition to move to the US despite past political turmoil in his homeland. People from other countries may have a desire to stay in the US even if the relationship which brought them here does not work out. But many many foreign spouses have given up quite a lot to come here. I've always been amazed at the sacrifices of my husband and (because of his sacrifices) my perspective lends to sympathy for the foreign partner whose relationship has failed.

I'm rambling - sorry. I do think some people have another motive besides love when moving to the US. I think some don't and that's where newlyweds was coming from. I think some people here are quick to assume an ulterior motive when the relationship fails. It's better not to assume that and just stick to the facts (as you have said) that the K1 cannot adjust status in the US without marriage to the USC petitioner.


That's all very true and many K1 visa holders give up a good life and job then leave their families behind in another country to come here and be with a US Citizen spouse.

The problem is, that discussions about what we like or don't like about HOW somebody gave accurate information, is simply off-topic and therefore inappropriate for these primary immigration forums, BECAUSE such commentary and discussion detract from getting members the critical answers they need. Sometimes such discussions confuse the answer. I would certainly want to avoid anybody getting the impression there's any other legal option for the person in question to stay in the USA, instead of leave, regardless of their motives for coming or their reasons for wanting to stay.
pushbrkMaleChina2010-12-26 11:49:00
K-1 Fiance(e) Visa Process & ProceduresIf Fiance does not get married within 90 days

I think our friend newlyweds2010 is referring to Post #5 in this thread by the member Boing.


Quite possibly so. I took that particular section of the post as illustrative or descriptive poetic license as opposed to informative and moved on. Interpretation is in the eyes and control of the reader.
pushbrkMaleChina2010-12-26 11:09:00
K-1 Fiance(e) Visa Process & ProceduresIf Fiance does not get married within 90 days

I kind of agree with you. Some times people do not use the right words explaining part of the process. They just say "send it back home as if home is a JUNGLE." I understand your point. I am sure other will not.


Absolutely nobody used the word "send" except the two people overreacting to the clear statement of facts. "Leave" and "Go" were the terms used because they accurately reflect the law. I invite both those who complained to offer their own answer. Please teach us how to say, "You must either marry the petitioner within 90 days or leave the USA." in such a way that it is clear that, "You must either marry the petitioner within 90 days or leave the USA." is clear and YOU would not find it "rude".

Those who said the visa holder must "go home" were not accurate. As has been previously stated, the requirement is to leave the USA, not to "go home". However, most in this situation will chose their home country as their destination when they "leave".
pushbrkMaleChina2010-12-26 10:36:00
K-1 Fiance(e) Visa Process & ProceduresIf Fiance does not get married within 90 days

It's not the content of the answer itself to be inappropriate, it's the way the "legal truth" is expressed that sounds rather rude, at least to me as a foreigner with very limited English skills.
I couldn't find anywhere in the law that "all immigrants who don't get married will be packed on the first plane and sent back to their home country and bye bye to the US". This section of the law, unknown to me, should probably continue with "and get the f outta here pronto", right?
As I said before, those who come here on a K1 do it to get married and be together with their loved one. Most of the times, they accept and face more sacrifices than they would have, had they remained in their home country. If things don't work out well, for the most various reasons, I can assure you that there is no need to be packed into anything. They know the way to the airport already. Parcels who are sent by error to a wrong destination and need to be sent back belong to a different category.


See bold above. First, you didn't see anybody say that because it isn't true. It's actually worse. Nobody packs them on the plane and sends them back. They are responsible for leaving the USA on their own. The consequence of not doing so, is they become illegal aliens who when they DO leave, (after overstayihng six months or more) face a ban on re-entry of three or ten years depending on how long they overstay.

It gets more risky yet, if they decide to go ahead and marry just to get the green card, then end the marriage before they remove conditions. To get conditions removed and get full permanent residence, they must convince an adjudicator they entered the marriage in good faith, not just that they entered the USA in good faith. Strait talk is not rude. Mincing words and giving false hope is the ultimate rudeness.

Life happens and people change their minds and/or behavior but the K1 is a fiance(e) visa, not a trial relationship visa. Buyer beware. Make your plans and decisions wisely, then handle the results like an adult.

Edited by pushbrk, 25 December 2010 - 06:01 PM.

pushbrkMaleChina2010-12-25 17:59:00
K-1 Fiance(e) Visa Process & ProceduresIs a nickname a differrent name?

Dear fellow K-1ers,

If one has a nickname (like ####### for Richard), is it really a different name that have to be included on the application?

If e-mails mention the nickname instead of the official name, will this be a problem?

Thank you for your valued help!

Good luck to all!


It can't hurt to fill in the other names used as, Richard William (#######) SMITH or Judith Mary (Judy) SMITH, JONES. They'll get it.
pushbrkMaleChina2010-12-26 11:52:00
K-1 Fiance(e) Visa Process & ProceduresIs a divorce in Dominican Republic Valid

I dont know what the laws of New You are, but in California and states that have adopted the Unifrm Divorce recognition act, its a basically a voidable divorce. The State of California will not give any legal meaning to it since it was dont solely to circumvent the Family Code of Calif. A county clerk will not issue you a Marriage License based upon such a divorce as the state will not give any legal creedence to it.

With this being saidn a adjucicator may be aware of the isue and the NY laws and may send it to their legal department for an opinion. I've seen ppl refused for mail in quickie Guam Divorces etc.
Take yoiu chances or seek a legal opinion.


Again, if properly disclosed and documented, USCIS is responsible for determining if the couple is currently legally married and was free to marry at the time of the current marriage. There has been no indication laws were circumvented to obtain the divorce. What we DO know is that one of the parties to the divorce was Dominican.
pushbrkMaleChina2010-12-26 14:34:00
K-1 Fiance(e) Visa Process & ProceduresIs a divorce in Dominican Republic Valid

The DR is well know for quickie divorces. Just fly down there one day, get a dirvorce and fly back the next..
Usually the courts consider if it was done solely to circumvent the laws of your home state before they give validity to the divorce. If they find that this is the case they will not enforce it or consider it legal.

If you obtained the divorce, then it prob will not be considered legal eventhough your ex resides in the DR unles she was a part of the procedure. The USCIS usually does not consider these divorces to be legal or enforceable.

You should run this across a NY family lawyer to get a legal opinion.



I answered a duplicate post in another forum, indicating if the petitioner disclosed all previous marriages and provided divorce decrees for the divorces and the case is now at the consulate awaiting interview, then USCIS has already approved the petition, making the validity of any disclosed divorces, "already adjudicated" or decided upon. Only if the marriage and divorce was NOT disclosed could this still be an issue. If that's the case, they have a much larger problem than the divorce issue. They would be facing a material misrepresentation finding.
pushbrkMaleChina2010-12-26 11:59:00