ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresFee Waivers....???

My fiance and I have reached a stalemate in filing our petition. Although he has the money to complete the items he has to do in Jamaica, we dont have enough to pay the initial petition fee. I've heard about fee waivers and read the ifnormation on USCIS. My question(s)... Is a fee waiver even possible for the I-129f Petition? Has anyone received one of these waivers to date? Thanks.


It's technically possible to get a the fee to file the petition waived and still get the petition approved but to do so would be the kiss of death to the actual visa. Consular officers are responsible for making a subjective decision about whether the fiance is likely to become a public charge after entering the USA. No affidavit from a co-sponsor is likely to convince the officer of anything if neither you, the co-sponsor or anybody else was committed enough to supporting the intending immigrant to pony up the filing fee.

This is and expensive process and financial sponsorship is wisely a high priority. Affidavits of support are required to assure US Citizens do not attempt to bring an immigrant to the USA for the tax payers to support.

Edited by pushbrk, 20 August 2010 - 08:52 AM.

pushbrkMaleChina2010-08-20 08:51:00
K-1 Fiance(e) Visa Process & ProceduresWhat's the fastest the K-1 has been approved?

Thanks for the link.

I'm not filing until I am back in the States. So no problem there. It will go to Vermont.


You can no longer be certain which service center will process your petition. They are now sent to Texas for "intake" and forwarded to Vermont or California as the intake center sees fit.
pushbrkMaleChina2010-08-24 09:43:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa - Entered US without obtaining prior approval

Thanks for all your feedback.. I told her the same thing.

She has already entered the US last week and did not mention anything about marriage at the airport. .She does not intend to leave the US to file for a spouce visa either.. She just does not understand the process and thinks there is a way around it all. She also spoke to an immigration lawyer who promised her that he could help her.. I think he is just after money.


She may well be successful but she should be prepared to answer questions about her intent upon arrival. The key will be the questions and answers at the boarder upon her last arrival. If there is no misrepresentation, she'll be fine. Failing to mention a planned wedding is not misrepresentation. Only if she were directly asked about a fiance or wedding and then lied, would this be a problem. Hopefully the details of her entry inspection were disclosed to the attorney as they are none of our or your business.
pushbrkMaleChina2010-08-18 09:17:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa - Entered US without obtaining prior approval

ok so a friend of mine applied for a K1 visa and submitted all the paperwork and received a NOA1 she waited around 4 months and there was no response on approval. She had already booked her wedding for October this year and had family and friends flying over.

As she didnt have approval and against my advice she decided to enter the US on a visa waiver from Australia. She will still be married in October even though she did not attend an interview or obtain approval for the K1 visa.

My thoughts are that she is planning on submitting her paperwork again while in the US after she is married. My question is wont they know she already had a pending application and that she knew the correct process and still went ahead? Will the fact she had a pending application cause her damage or will it be ok?


First, based on what you say, she applied for nothing. Her fiance filed a petition in her behalf. If they marry, and she doesn't overstay her visitor privilege, they will simply embark on a new spouse visa process. What she should avoid doing is to try to adjust her status instead of leaving on time and pursuing a spouse visa. That's where her pending fiancee visa process could get her into trouble. So far, she's done nothing wrong. The K1 visa is about marriage and staying in the USA after. No special visa is required for marriage if you leave after the marriage without overstay.
pushbrkMaleChina2010-08-18 09:00:00
K-1 Fiance(e) Visa Process & ProceduresMarriage possible?

I'm sorry, I guess I should have phrased my question differently. With the CR-1 visa, once you're married, an earlier posting on this thread made it sound as if the spouse would have to immediately go back to their home country. I'm trying to find out if this is true and if they can come back during the application process (I understand visiting is encouraged during the K-1 process...). If so, how long can they stay? The usual limit of 6 months? Any specified amount of time needed in their home country BETWEEN visits? I know I'm still new to this and some of you have been reading and answering these questions for a long time. I really appreciate all your advice. And I have been doing A LOT of reading... :yes:


Visitor privileges are explained either by the visa waiver program terms or the terms of any actual visa. Visits are not for "residing". Each entry is a decision by a CBP officer. With no other considerations, typically the visitor must spend less time in the USA than out. Read the threads about visiting during the process, you know, the ones that specifically address your question.
pushbrkMaleChina2010-10-15 01:13:00
K-1 Fiance(e) Visa Process & ProceduresMarriage possible?

Thank you everyone for the info! Here's an add-on to my question: if we scrap the K-1 petition and get married, then apply for the K-3 (or Cr-1), can the new spouse stay in the U.S. or go home and come back to visit during the processing time for the visa? I don't think we will do this, but I'm just considering options. If he can't stay or come to visit after we're married, we'll stay engaged and stick with the K-1. Thanks for all the replys!


Again, K3 is dead. There is no specific prohibition against visiting during the process. This is the MOST FAQ, however, so do some reading.
pushbrkMaleChina2010-10-14 16:40:00
K-1 Fiance(e) Visa Process & ProceduresMarriage possible?

Hi advocator! You asked who applies for the K-3 (or CR-1, for that matter)? You don't need a visa specifically to get married. People can come on the visa waiver program and be married to a US citizen while they are in the US, or a tourist visa, or any number of other types of visas.

BUT those people must return to their home countries following the marriage, because they were originally admitted into the US as tourists or on the visa waiver, etc, and NOT as immigrants. Then, typically the K-3 or CR-1 process can begin.

As many others have already said, K-1 filers can't be married during the process.

Edit: for clairty.


See bold above. I know this has been beaten to death but people come here for accurate, reliable guidance. Anybody eligible to marry can marry anytime they want. If a couple marries during the K1 process, that process becomes null and void. They start over with a spouse immigration process. Whether somebody who marries in the USA while here legally needs to leave and pursue a spouse visa process, depends on their specific circumstances. In many if not most cases, they can simply stay and adjust their status. The exception is if they lied about the purpose of their visit during their entrance interview with a CBP officer.
pushbrkMaleChina2010-10-14 12:04:00
K-1 Fiance(e) Visa Process & ProceduresMarriage possible?

You can still apply for it but they're typically approved at the same time and then the K3 is administratively closed.. so you can.. but it's pointless.


No you cannot apply for the K3 visa. You can file a useless i-129f PETITION for a spouse but NVC will close that petition prior to any opportunity to actually apply for the visa.

Filing a petition is not applying for a visa.
pushbrkMaleChina2010-10-14 09:42:00
K-1 Fiance(e) Visa Process & Proceduresneed help - Sponsor/Co-Sponsor at Recent Interview

my baby went to the interview today and they said he need a sponser but i did send sponser form
and for a family of 7 the proverly guideline said #27000-34000 and they also told him i need to come for
and interview

do any have that problem i was hoping he got through with me because i have small child here and
i hard to get away but if i have i have

what if can't go for my interview would they turn him down

i need some help :angry: :crying:


$41,587 is the minimum income requirement for a household size of seven. Don't know where you got the wrong information. If they actually requested your presence for an interview, you'll need to go and yes, since you don't qualify as the sponsor, you'll need a qualified sponsor's affidavit to go with yours.
pushbrkMaleChina2010-10-14 21:02:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa fee increased
Government fees listed below as well as approximately when they are paid. There will also be a medical exam fee that varies by country.

K1 Fiance(e) Visa
K1 US Government Filing and Visa Fees
When Paid
Agency and Purpose

Amount
Month 1 *Dept. of Homeland Security, USCIS - Petition Filing Fee $455.00
Month 3-6 Dept. of State Visa Application Fee (paid abroad) $350.00
Month 6-12 Dept. of Homeland Security, USCIS - Adjust Status Fee $1,010.00
Month 27-32 Homeland Security, USCIS - Removal of Conditions Fee $545.00
Total Immigration Fees To Permanent Resident Status $2,360.00
pushbrkMaleChina2010-06-12 09:56:00
K-1 Fiance(e) Visa Process & ProceduresDo you suggest getting an attorney or use an agency?

I think this thread is in need of some full disclosure. If it seems like Pushbrk has been overly interested in shooting down DIY comments, it's probably due to the fact that he makes money helping others w/ the process. So, if you are wise, you will take his comments on this particular issue with a grain of salt.


Many people, including me did it themselves. I'm not shooting down anybody who wants to do it themselves. I'm saying those who tell others THEY can do it themselves are unqualified to make such statements about the unknown ability of people they know nothing about. If a person THINKS they can do it themselves and wants to, then they probably can. Without knowing the person, their abilities and details of their circumstances, NOBODY, not ME or YOU is qualified to tell them they should or can do it themselves.

Further, it is a violation of the TOS of VJ to advise against consulting an attorney.

Edited by pushbrk, 27 October 2010 - 01:59 PM.

pushbrkMaleChina2010-10-27 13:58:00
K-1 Fiance(e) Visa Process & ProceduresDo you suggest getting an attorney or use an agency?

yet i have not heard anything hard about it,the hardest part ( while is the easiest ) seems to be the interview.
i suppose we both can agree, a plain and simple k-1 process is not exactly lawyer worthy,unless there is more complication to it such as over stays and what not


I didn't mention lawyers. I'm saying nobody can tell anybody else they don't need help with the process or that they can or should do it themselves unless they are both qualified to do so and know enough about the other person's abilities and case to make a meaningful judgment. I would submit that even YOU don't yet know for certain doing it yourself will have been a good idea BECAUSE you haven't done it all yet.

IMO, the "hard part" is spread throughout the process as one attempts to present the case and prepare for the interview in such a way that success will be the outcome. Filling out forms is an important but small part of the endeavor. Managing the process is the key.
pushbrkMaleChina2010-10-27 11:34:00
K-1 Fiance(e) Visa Process & ProceduresDo you suggest getting an attorney or use an agency?

correct,but if it is a simple k-1 visa,then its not that hard


With all due respect, all you've done is fill out forms and send them in and your petition is not yet approved. While it may have been easy so far, it's not over by a long shot. Petition approval IS the easy part. Getting the visa is a whole other animal you haven't experienced yet.
pushbrkMaleChina2010-10-27 11:09:00
K-1 Fiance(e) Visa Process & ProceduresDo you suggest getting an attorney or use an agency?

not all lawyers are good at what they do,if you are as big of a hands on person as you say you are,a lawyer is a waste of money,you can either fill the paperwork with example forums you find online OR you can fill your paperwork and take em to a lawyer to just confirm,worst case scenario youll pay for one meeting about 500 bucks ,not 2500+


There is more to obtaining a visa than properly filling out forms.
pushbrkMaleChina2010-10-27 08:51:00
K-1 Fiance(e) Visa Process & ProceduresDo you suggest getting an attorney or use an agency?

I will go against the grain as usual and say it depends on where your SO is. We are using an immigration attorney in China who has good success and who is very affordable. Even though our case is pretty standard, in the past year or two, I know many people who did it themselves and were denied at the consulate. In our case, it has already paid off a few times as "advice" we had gotten previously was generally incorrect (this was prior to coming to VJ). The other plus is if you do have a problem then the attorney is already involved. If they attorney has to pick up the case midstream then it will be much more expensive.

Bottom line is you have to decide what your comfortable with. As someone else here posted,if you do go with an attorney, find one who has offices in your spouse's country also. They will have information on how the process at the consulate works and can help put everyone at ease.


For example, I'm not in China and neither are any of the VJ China experts. You don't have to be IN a country to know how things work for spouse or fiancee visas at the US Consulate(s) in a country. What is very helpful though is if the professional service you hire can also offer support to the foreign national in their own language.
pushbrkMaleChina2010-10-26 09:10:00
K-1 Fiance(e) Visa Process & ProceduresDo you suggest getting an attorney or use an agency?

Go ahead and take care of it yourself. As long as your case is straightforward, you will be fine.

Good luck and best wishes on your journey!


Nobody and I do mean NOBODY has any business telling another couple they "will be fine". There's no way for anybody to know who will be "fine" and who won't or why.
pushbrkMaleChina2010-10-26 00:26:00
K-1 Fiance(e) Visa Process & ProceduresDo you suggest getting an attorney or use an agency?

So what part is stumping your friend? Name? Address? Date of birth? Where you have lived and worked in the last 5 years? have you looked at these forms? Which question can an attorney anser that you can't? Which question can they answer at all? They can't. YOU have to answer them.

YES, they look for mistales, it is their job. If you make one you will get an RFE and you will send them what you forgot to include. No one dies. Attorneys make mistakes, no one dies but it costs lots of money.

Zdrastvootye! Welcome to VJ! Check out the Russia/Ukraine/Belarus sub forum down below for the foremost in information and best of luck.


As someone who has helped a lot of people through the process, particularly with filling out forms, I can tell you that for many, things are not as simple as they may seem. Some are simply not prepared to read carefully, interpret literally and answer accurately. What seems so simple to some just ISN'T to others. Here are some examples.

You must have met within the past two years is interpreted as you must have known each other for at least two years, or if you've known each other more than two years, you must marry and take the spouse visa route. Neither is a literal interpretation but both are common misinterpretations.

G325a forms ask for five years of residence history but specifically for start and end dates for each residence. Many falsely indicate they moved to the oldest address exactly five years prior to filling out the form, even if they live there much longer.

People divorced more than twice will only disclose two divorces because that's all the space there is.

I could go on and on.

Don't judge for others whether they can do something based on your ability to do it. Some people just can't and others just shouldn't. Some of the silliest and most dangerous mistakes are made by otherwise very intelligent people who over-think what they read in the instructions. The most danger comes not from wrong answers or misinterpretation but from questions people never knew they needed to ask.

Unfortunately, hiring a professional isn't a guarantee you'll avoid mistakes either. Don't make the mistake of hiring the wrong professional for anything, immigration or otherwise.
pushbrkMaleChina2010-10-25 18:28:00
K-1 Fiance(e) Visa Process & ProceduresDo you suggest getting an attorney or use an agency?
Whether professional help is needed depends on many factors, not the least of which are competence and confidence in your own abilities. That one person or thousands will be successful doing it themselves, has little bearing on whether any given individual will be. Certainly there's lots of help here but many prefer to hire professionals to do things they don't already know how to do, for various reasons, not the least of which is that they prefer to use their time in more productive ways than spending many hours in study and worry.
pushbrkMaleChina2010-10-25 14:01:00
K-1 Fiance(e) Visa Process & Procedureshelp with affidavit please!

we are using a cosponsor for our affidavit of support. we have the I134 form from him with all his details. do we need anything else? i've seen tx returns mentioned and paystubs etc. thanks


Document the income with tax returns (three if possible) and at least a couple current pay stubs. You'll also need evidence of US Citizenship or LPR status. Use a birth certificate, green card or US Passport data page.
pushbrkMaleChina2010-10-28 11:45:00
K-1 Fiance(e) Visa Process & ProceduresWife missed I-797C Notice of Action Interview. What next?

Today is not September 8th!!! Do as others have described.....NOW!!!



And did you know you also were required to attend an AOS interview?


Be prepared to begin a CR1 visa process and for your wife to stay outside the USA for several more months. You'll be using the same I-130 but your I-485 is unlikely to be reinstated.

Edited by pushbrk, 29 October 2010 - 10:13 AM.

pushbrkMaleChina2010-10-29 10:12:00
K-1 Fiance(e) Visa Process & Proceduresdivorce decree/divorce certificate difference?

A divorce degree in US terms is usually several pages long and includes the fact that the marriage is over and statements on the division of assets. It usually has attachments documenting the facts of the assets/children. You need the main part which varies a bit . If the first page says page 1 of 3 ( or whatever number ) Include all pages and make sure there are stamped as official copies not just the page the judge signed.


Correct, except what's contained in a certified copy of divorce decree ordered after the fact can vary widely by State. Mine only contains the vital statistics, and nothing about settlement or child support. It's one page, certifying a divorce decree was issued to whom, when and by whom and contains the signature block.

Regardless, the OP is asking a question about the foreigner's divorce certificate or decree, so a Canada specific answer is in order.
pushbrkMaleChina2010-05-08 10:12:00
K-1 Fiance(e) Visa Process & ProceduresWas Our Petition Revoked, Denied, or Expired?

You were not qualified for an approved petition and USCIS did not "catch it" The consulate did and returned it. USCIS let it die as the valifity period had expired and it is easier to say that than admit they made the mistake to begin with. what happened?

1. You paid someone else to handle your responsibility and they didn't.
2. USCIS approved a petition they never should have
3. the consulate caught the error
4. USCIS just let it quietly die

Your problem was not taking care of this yourself before the attorney let your qualification period expire. There really is not a "waiver" for not meeting in person for the last two years except VERY narrow religious requirements. when the attorney was not doing his job, YOU should have done it, even if you had made an error you would have had an NOA1 within the deadline. In this case, nearly anything would be better than nothing.

In this process the responsibility, or I should say the reprecussions, for ANYONE's mistakes falls on YOU. You need to be prepared to grab the knobs and turn when needed.

You can re-file another petition IF you have been with your fiancee in person within the last two years.



The potential misrepresentation would be to sign and date the petition indicating you've met within the two years. If the petition was signed on time but filed late, there's no misrepresentation. Never listen to what a USCIS toll free number operator tells you. If you qualify now, file a new petition and in the same envelope send the letter withdrawing the original one.

Gary,

The petition is not back in the hands of USCIS so they likely WILL let it die but they haven't done so yet.

Edited by pushbrk, 30 October 2010 - 08:43 PM.

pushbrkMaleChina2010-10-30 20:42:00
K-1 Fiance(e) Visa Process & ProceduresWas Our Petition Revoked, Denied, or Expired?

ok so a question,not related to OPs situation,is NOA 1 that is valid for two years?


NOA2 is valid for 4 months. NOA1 has no validity issue. The attorney filed the petition a few days past the two-year mark since the couple was last together in person. This results in a denial because the couple wasn't together in person any time in the two years prior to the petition filing date.

Strangely the notice seems to indicate the petition got approved and then the date issue was discovered by the Consulate, who denied the visa.

The OP will need to file a new petition when and if the couple can arrange to be together again. (If they haven't been already)

Edited by pushbrk, 18 October 2010 - 01:22 PM.

pushbrkMaleChina2010-10-18 13:19:00
K-1 Fiance(e) Visa Process & ProceduresFillable G325A Address Issue
QUOTE (Stephen + Elisha @ Nov 6 2009, 10:49 AM) <{POST_SNAPBACK}>
QUOTE (robertlaird @ Nov 2 2009, 11:11 PM) <{POST_SNAPBACK}>
QUOTE (Bobby_K1 @ Nov 2 2009, 06:31 PM) <{POST_SNAPBACK}>
When electronically filling in the G325A, it asks for the FULL NAME AND ADDRESS of the employer. The font size seems to be fixed on this form and so I need to spread out the name and address of the company over 2-3 separate rows of information.

The problem is that within the rows there are columns for From and To Date. When I print out the form it shows the dates in the To section with a "000000" value.

Some of the other questions in the form behave similarly in the electronic version - such as "Applicant's last address outside the US". It fills in a 000000 value on the print-out when you put "NONE" into the answer field.

I am using the latest G325A that was downloaded from the USCIS website.

If I was in the USA I would simply print out a copy of the G325a, "white-out" the 00000 values and then make a photocopy for signature purposes. But I am in India and printing, copying and "whiteing things out" is very hard to do.

Please let me know if there are any ways to remove the 0000000 values from the print-outs of the G325A - or if I am filling it out correctly.


I unlocked and converted a file to word for you hope this helps


If you don't have (or prefer not to use) MS Word, I unlocked the G-325A and modified the input font to Times New Roman. This change allows you to input the date in the specified format, as well as significantly more room for address and employer data.

You can download my "improved" version at http://tinyurl.com/l...5a_improved.pdf


Excellent job. A company I deal with recently upgraded their PDF form I use from time to time. What I noticed was that when you start typing in a text field the font starts shrinking to fit in the space. I've never seen that before and haven't tried to see if there's a lower limit to the font size automatic adjustment. Do you know anything about that feature?
pushbrkMaleChina2009-11-06 14:08:00
K-1 Fiance(e) Visa Process & ProceduresFillable G325A Address Issue
QUOTE (Bobby_K1 @ Nov 2 2009, 06:31 PM) <{POST_SNAPBACK}>
When electronically filling in the G325A, it asks for the FULL NAME AND ADDRESS of the employer. The font size seems to be fixed on this form and so I need to spread out the name and address of the company over 2-3 separate rows of information.

The problem is that within the rows there are columns for From and To Date. When I print out the form it shows the dates in the To section with a "000000" value.

Some of the other questions in the form behave similarly in the electronic version - such as "Applicant's last address outside the US". It fills in a 000000 value on the print-out when you put "NONE" into the answer field.

I am using the latest G325A that was downloaded from the USCIS website.

If I was in the USA I would simply print out a copy of the G325a, "white-out" the 00000 values and then make a photocopy for signature purposes. But I am in India and printing, copying and "whiteing things out" is very hard to do.

Please let me know if there are any ways to remove the 0000000 values from the print-outs of the G325A - or if I am filling it out correctly.


I don't see a need to remove the values. They'll understand the use of multiple lines for an address. Alternatively, you could duplicate the dates in the multiple lines. Really, what I would do is abbreviate. City and Country is actually enough address for employment on the G325a.

Edited by pushbrk, 02 November 2009 - 10:07 PM.

pushbrkMaleChina2009-11-02 22:06:00
K-1 Fiance(e) Visa Process & ProceduresPLEASE HELP!!!

No. The exception would have to amount to an emergency. Your daughter lives in the US. They're not going to issue you a passport for emergency travel to visit your daughter who is visiting abroad when you could just as easily wait until your daughter returns to the US to visit her.

It seems like you have two options.

1. Try to get your arrears caught up.

2. Try to get your fiancee a B2 visa to visit the US.


Frankly, I wouldn't expect any exceptions to be made.

Why would waiting until your arrears are caught up equate to "the end" of your current relationship? You haven't mentioned how long it's going to take to pay the arrears or said anything about what you might be able to do to pay them more quickly. That's where your focus needs to be.
pushbrkMaleChina2010-11-01 01:09:00
K-1 Fiance(e) Visa Process & ProceduresPLEASE HELP!!!

No I'm not confused about anything, I just wanted to know if there was any other way on getting this done with my fiancee without going through all this #######. I know my priority is my kids and getting the situation settled, but getting it settled in another way if possible. The screwed up thing about this, is that my kids that I pay child support on LIVE WITH ME, (long story) but I'm working on getting custody on them. But I was hoping to get this done an easier way. Maybe there some kind of exception they offer to get my passport with some limitations. That would be great! Everything else is good on my part to start the visa process, the passport is the only thing holding me back. Note: I am paying on the rears, just not in bulk, I'm paying 200 extra a month for rears. Thanks


Ask but don't expect an exception to be made. It's the law. Their solution is for you to WAIT until you pay down your arrears far enough to qualify for a passport. The do NOT care WHY you're behind anymore than the traffic cop cares WHY you ran the red light.

I hope THIS doesn't come across as judgmental as I'm just telling you what THEY will think. They'll think you need to take the money you're intending to spend on international travel and the costs of bringing a fiancee to the USA and pay your arrears, then when you can afford to move forward, do so. I can assure you that will be the end result, regardless of what anybody thinks or feels about it, just like getting a ticket is the result for running the red light.
pushbrkMaleChina2010-10-30 20:50:00
K-1 Fiance(e) Visa Process & ProceduresPLEASE HELP!!!

what has child support got to do with getting your passport?
custody is a different story
please change the wording,your question is confusing


Federal law forbids the issuance of a US Passport (and allows for it's being held) when the citizen has an arrears of $2,500 or more in child support. Some States ask that they be held for even lower amounts of arrears.

You get a passport by paying your child support down below the threshold. You can use the money you would otherwise use to make the international trip, to pay it down faster and delay meeting your fiancee. Unless she's rich, the chances of her obtaining a visitor visa are slim and none. Consular officers don't make exceptions to accommodate this kind of "inconvenience". They'll tell you the same thing. Delay meeting until you pay your child support arrears as you are under court order to do.
pushbrkMaleChina2010-10-30 09:49:00
K-1 Fiance(e) Visa Process & ProceduresClarification on cancellation of K-1 visa

Your post is confusing. You are the foreign beneficiary, yes? And your fiancee is the US citizen, yes? Where are you in the process? Has the petition been approved? Have you gone to the interview? Has a visa been issued?

If the visa has already been issued then Gary's advice is correct - it will expire on it's own in six months.

At any other stage prior to the visa being issued, it would be better if you terminated the process rather than waiting for it to die on it's own. Otherwise, it might complicate things if you decide to pursue a visa in the future. For instance, an approved petition can linger at the consulate for up to a year before being administratively closed.

The petitioner can withdraw the petition any time up until the visa is issued. If the petition hasn't been approved yet then this is all that needs to be done. If the petition has been approved then the beneficiary should also notify the consulate that they don't intent to apply for the visa.

I honestly don't know enough about ESTA to answer your other question. I thought you had to reapply each time you came to the US, but I don't have any concrete reference for that right now. I just thought I remembered reading it somewhere.


Correct and this is why you see me continuing to encourage the members to stop referring to filing a petition as "applying for a visa". I suspect the OP has no visa to cancel but rather a petition for their USC fiancee to withdraw.
pushbrkMaleChina2010-11-02 09:44:00
K-1 Fiance(e) Visa Process & ProceduresCBP Officer at POE Lost my Husband's K1 Packet!!

Welcome letter after POE is only issued to those who activate CR-IR visas.

As your husband is K-1, he wouldn't get a welcome notice until he successfully adjusts status and that is still down the road for you. So I don't believe your packet is lost but probably waiting for AOS submission so it can be joined with it - in the meantime, it's probably gathering dust in some USCIS storage place.


Could be but if really lost, just file the AOS, EAD and AP. EAD and AP shouldn't be delayed and USCIS will just have to figure out how to deal with the fact the file is lost. CBP and USCIS are both part of Dept. of Homeland Security, so they'll work it out somehow. Expect delays for all but EAD and AP though.
pushbrkMaleChina2010-11-03 14:15:00
K-1 Fiance(e) Visa Process & ProceduresWANT TO GET STARTED ON THE 129f for XMAS GIFT

You should fill out some of the information about your potential case (K-1 if not yet married, K-3 if married already). It makes it a lot easier for people to give you suggestions, time-frames etc.



See bold above. The K3 visa is no longer available. For a "girlfriend" you would file a petition for "fiancee". For a spouse, the currently available visas are CR1 for newlyweds and IR1 for those married more than two years. Start by clicking on the word "Guides" at the top of any page here.
pushbrkMaleChina2010-10-25 18:43:00
K-1 Fiance(e) Visa Process & Procedureshow much is the latest payment for I-129F visa?

I wan to make sure

what is the latest payment for i-129F visa

thank you


The filing fee for the I-129F (a petition, not a visa) is now $455 but will be $340 beginning November 23. The visa application fee paid later, abroad is currently $350. A petition is not a visa or a visa application. Don't confuse the two.
pushbrkMaleChina2010-11-07 12:09:00
K-1 Fiance(e) Visa Process & Procedureswhich center to file 129F?

send to Texas Certified is not necessary if you send express mail. express mail needs to be signed for so no need to send certified. you could also send priority mail with signature confirmation. I used priority mail because I sent on a Friday. I am almost positive there office is closed on Saturday so they might not pick up on Saturday. USCIS is what is known as caller mail, we hold it at the post office for them to pick up. normally callers have a van they roll a hamper into full of mail. they then sign the firm sheet with all accountable mail listed on it. it is common to have an attempted delivery scan on the same day as the delivery scan since it is scanned when it is sorted into the equipment for the caller.


I recommend, Priority Mail with Delivery Confirmation, no signature.
pushbrkMaleChina2010-11-07 12:10:00
K-1 Fiance(e) Visa Process & ProceduresVermont USCIS & Russian application

As you can see from our timeline, we are stuck from July 27th (receipt notice) & 29th NOA1 and no word from USCIS currently. Looking through and sorting through the data on this site, we can see no one close to us on time scheduling.

We were 'touched' twice - latest Oct 3rd. And have been praying fervently for Sasha to be able to be here by Christmas. Even my 10 year old cannot wait for her arrival. Any advice from senior members or recent NOA approvals from Russia & Vermont ? She already has Police records, Birth certificates and other things, translated with an approved and notarised translator. Last thing should be the medical in Moscow and interview after NOA2.

Is there anything additional that we can do to expedite the process?
Are there any recent NOA 2s issued form VT. ?
Also our local Senator who has been tracking the case asked me the other day how we doing, I told him what I saw -- no approval as yet, will this go against me (he's not a democrat) ?

Sincerely and prayerfully
Paul


There is nothing you can do to expedite the process of approving your petition unless the US Citizen has an eminent military deployment order. If there was, everybody would do it and it wouldn't be and expedite.
pushbrkMaleChina2010-11-07 12:45:00
K-1 Fiance(e) Visa Process & ProceduresNever "met in person" - disabled

It's extraordinarily hard for a woman of that country to get a visa, especially if she doesn't own property or has other ties to her country, as previously mentioned.

Eslake, if you are able to do the boat thing, I would very seriously recommend getting married so that you get a CR1 visa instead of a K1. It allows her to work and travel immediately when she gets to the US and you don't have to pay adjustment of status fees later (which upon arrival, she can't work or travel for typically 2-4 months)...much cheaper to do it this way. It only takes an average of 4 weeks longer in processing compared to a K1 as well. I truly wish you the best in finding a way to meet her!


Yes, if they can arrange to both meet and marry on the same trip, there would be several significant advantages that would result.
pushbrkMaleChina2010-11-07 17:14:00
K-1 Fiance(e) Visa Process & ProceduresNever "met in person" - disabled

Unfortunately, single women and men from several non VWP countries (such as Philippines) have a lot of trouble getting a visa to visit the US.


Yes, the OP would be wise to (if not already) simply ignore all advice about the single Indonesian woman obtaining a visa to visit the US or even Canada. It's just not going to happen. I like the idea of trying for a visa to visit Bermuda or somewhere similar where he can take a boat.

The kicker is likely to be the expense.

Beyond the meeting requirement will be the unfortunate issue of passing the visa interview itself. We don't know the details of the case but many such cases where the US Citizen is below the poverty level (even with a cosponsor) and disabled, have a hard time overcoming the assumption the relationship is entered into, not for a legitimate spouse scenario but rather for a "caretaker". Not saying that's the case, just that it's an issue they'll need to be prepared to overcome.
pushbrkMaleChina2010-11-07 12:23:00
K-1 Fiance(e) Visa Process & Proceduresplane tickets????

Oh yeah I know it doesn't matter. It was just out of curiosity, because to me a stamp on a passport or a boarding pass don't show anything other than a person was on a plane that landed into a certain airport on a certain date. Nevertheless, we sent our nice photocopies of passport stamps and boarding passes because if that's what they want, that's exactly what they get.


So now do you understand why?
pushbrkMaleChina2010-11-08 02:07:00
K-1 Fiance(e) Visa Process & Proceduresplane tickets????

I've never really understood why passport stamps and boarding passes are considered so important. What do they prove? Surely not that the couple met, because one could have gone to the other's country for whatever reason, not necessarily to spend time together. I'm not saying that you shouldn't enclose them as evidence, on the contrary copy them and put them in the envelope if that's what they want, we did it too and everything went smooth and without any problems. I'm just curious.


Your argument is a reasonable one but doesn't matter. USCIS considers passport stamps and boarding passes or other PRIMARY evidence of being in the same country at the same time as sufficient evidence of meeting. I expect they use this more reasonable standard because people aren't usually prepared in advance to provide "proof of life" kinds of evidence.
pushbrkMaleChina2010-11-08 01:51:00
K-1 Fiance(e) Visa Process & Proceduresplane tickets????

Electronic itineraries are just as good as a ticket when it comes to evidence for the relationship. Good luck on your journey.


Absolutely not. You can have an itinerary without making a trip. Passport stamps or boarding passes are accepted evidence of actual travel. Paper tickets are not as if you use them, they are gone. Only the remaining boarding pass is evidence. If you lose or discard your boarding passes, use color copies of the passport stamps.

Further, "buying a ticket" is not evidence of travel, so don't be thinking of using receipts for airline tickets. Receipts for purchases with YOUR credit card in the fiancee's country are good, as are ATM receipts. They show you were actually THERE.

Some airlines only give e-tickets. An itinerary show that you paid for the ticket and your passport stamps proves your departure and arrival destinations. These should be enough supporting evidence.


Passport stamps, yes. Itineraries no. Forget about "tickets". It's "boarding passes" that count.

Edited by pushbrk, 04 November 2010 - 04:42 PM.

pushbrkMaleChina2010-11-04 16:41:00
K-1 Fiance(e) Visa Process & Proceduressponsor is aunt of fiance/pregnancy

I'll have to talk to my fiance about this. Thank you very much for the answers!


Hopefully, your fiance's current job pays enough to qualify as it is rare for Manila to accept a cosponsor in a fiancee visa case. Current income is the key.

Edited by pushbrk, 05 November 2010 - 09:43 AM.

pushbrkMaleChina2010-11-05 09:43:00