ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & Proceduresis my income goin to pass or will i need sponsor?

Hi,

50k to 60k a year is well above the 125% of the poverty guidelines that they require.

From what i read before (I hope someone will correct me if I'm wrong) they just consider your current income and if it's likely to last after the fiancé(e) arrives. So based on that I'd say your OK.

In addition, if you haven't send your I-129F package yet, you don't need to shown your income yet. That part is only needed when the fiancé(e) goes to the interview. It's good to start thinking about it now though.


Good luck with your case


They consider everything except sometimes don't consider a cosponsor. However, current income is the most important, so make sure your current income is well documented with pay stubs, etc.
pushbrkMaleChina2010-05-23 08:32:00
K-1 Fiance(e) Visa Process & ProceduresResident or not for marrige license application?

Yeah, I agree with this perspective of the question. The OP is residing in the county although not a resident of the country. You have to "reside" somewhere when filing a marriage application and although you are not yet a permanent resident of the US, for the purpose if the marriage liscense you are residing at some current address in the US.


This is the correct answer. For perspective, if one were in the USA illegally for say several years, they are residing in the USA, residing illegally but residing nevertheless. Frankly, the marriage license for a K1 visa holder could be filled out either way and still be accurate.
pushbrkMaleChina2010-06-19 10:26:00
K-1 Fiance(e) Visa Process & Proceduresfastest option?

First post. I am a Canadian staying in the US on a visitor visa that will be expiring in six weeks or so.
My girlfriend is a US citizen and we would like to be able to get married without having to be apart for several months.
Are there any other options out there that might be available to us? I've heard of other people who have gotten married and not had to leave the country. I'm assuming they were in the US on different types of visas.
We both agree that getting married, then having to live in different countries waiting for paperwork to be processed (our understanding of how the K3 works)is definitely not an option for us.
If the K1 is in fact the only way to go, would it speed things up if she were to start filing for a K1 while I am still here? The only problem is that I am not sure about where I am going to live when I return to Canada at this point. Since my hometown is on the other side of the country I'm contemplating settling closer to where she lives so that we can still spend some weekends together. I suppose we could always change my address if need be. Or would that be problematic? I'm also curious about how long it takes overall. It says 6 months in the FAQ, however I just noticed another person wrote that it's currently more like 9 months for some reason. Sorry for the barrage of questions.


Sounds like you have no real need to go back to Canada. The term "girlfriend" indicates you entered the USA with no intention of marriage and staying, so why not just marry, stay and adjust your status?
pushbrkMaleChina2010-06-19 13:36:00
K-1 Fiance(e) Visa Process & Proceduresdoing the right visa?

she is from Shanghai China and yes i am a usa citizen. at the moment shes in College taking Economics, i was thinking maybe she could travel abroad and vist or another visa method if anyway possible, just as long as her and me can meet and be together within the 2years time its asking for.

ohh and we will take plenty of pictures not a problem there any ^.^ i'm sure her and me will find that easy. heheheh : 3


Don't waste your time or anybody's money trying to get a single Chinese woman a visa to visit the USA. It's not going to happen. Plan on a nice trip to China. China will certainly allow her to travel but it's the US that needs to issue her a visa and that's just not going to happen.

Right now, "the right visa" is the one you'll be getting from a Chinese Consulate in the USA, allowing you to visit China.

Edited by pushbrk, 20 June 2010 - 08:57 AM.

pushbrkMaleChina2010-06-20 08:56:00
K-1 Fiance(e) Visa Process & ProceduresNeed help with G-325A

Hi All,
I am in process of filing out this form and I have couple of questions before:

1. My fiance is in Bosnia and am a US citizen, and she was never married before, so for the questions about her previous marriage can she input none for all questions related to this.

2. I the slots where she would input full name and address of employer, some of the things would not fit so can she put see attachment and do it on separate page and attached and sign that page with the form?

3. For the file number A on the top of the form, will this be filled by them as their file number once they get out complete forms?

4. on the bottom of the page Applicant print name and alien reg number, she obviously does not have this yet, can she put none?

Sorry am a noob and we wanted to fill this our correctly first time so that nothing does not get returned back.

Thanks ahead of time.


Use "none" where appropriate and N/A where appropriate. I would abbreviate as needed for employer information. City and country is enough for and employer address. A numbers are assigned by USCIS, so if she's never been to the USA, she doesn't have one.
pushbrkMaleChina2010-06-21 09:04:00
K-1 Fiance(e) Visa Process & ProceduresChina Interview

Hello

I am waiting for our NOA 2 and wondering where we will go for our interview. My fiancee lives in Beijing but it seems all of the interviews I see are either in Hong Kong or Guanzhou. Is there anyone who has had an interview in Beijing? or can I expect to travel to Hong Kong or Guangzhou?

Thanks

Jim & Sunny


Guangzhou for all of mainland China. Hong Kong only interviews for those carrying Hong Kong passports. For US State Department visa unit purposes, Hong Kong and the mainland are separate countries.
pushbrkMaleChina2010-06-21 06:42:00
K-1 Fiance(e) Visa Process & ProceduresJFK entry, looking for EAD

For us, it was on the back of the I-94 and said employment authorized and gave an expiration date. It was a red stamp from JFK. But like the other poster said, the consensus is that it isn't good for much anymore.

Congratulations!


It may or may not be the consensus but it IS a fact.
pushbrkMaleChina2010-06-20 09:16:00
K-1 Fiance(e) Visa Process & ProceduresWithdraw I-129f

Thanks again for the reply. I actually did file a FOIA request but all I recieved was information pertaining to her court apperance here In the U.S. for voluntary departure. I asked for info regarding her visa interview but there was none . I see by the link posted that this form is different than the one I submitted. It may be why I filed with the office for immigration review in Virginia . I may try this route. I was never sent any letter of Intent to revoke ; The only thing I recieved was the letter stating that the service center recieved the revocation from the consulate and that it would be reviewed. Then almost 2 years later ; I recieved a letter that the petition was canceled witout predjudice to further filings. Thanks.


So what does your fiancee think she lied about? In my experience, findings of misrepresentation of a material fact are usually about something people know they misrepresented. I could very well be the answer is in one or both of your heads and that may be the best answer you're ever going to have.

If you change your thinking from "What lie do they think they caught me in?" to "What might I have written or said that wasn't true?" and still have no answer, you're really stuck.

Edited by pushbrk, 21 June 2010 - 09:27 PM.

pushbrkMaleChina2010-06-21 21:26:00
K-1 Fiance(e) Visa Process & ProceduresWhy Vermont?

i m sure i was in sock because we sent the papers and after 11 days they sent them back because we in t sign a fosrn and theyv were saing that we need to send the papers to texas because vermont is to busy and the moved us to texas...i post here to ask to but nobady helped me


They are now sending I-129F petitions to a center in Texas for "intake". After intake, they will still go to Vermont or California. Soon the instructions will be updated so petitions are mailed directly to a Texas address but the case numbers and actual processing after intake will be in Vermont or California.
pushbrkMaleChina2010-06-22 08:20:00
K-1 Fiance(e) Visa Process & ProceduresWhy Vermont?

I read that post three times and still missed that question written that way...


I read the subject line.
pushbrkMaleChina2010-06-21 22:44:00
K-1 Fiance(e) Visa Process & ProceduresWhy Vermont?

Since when? AFAIK it is still only VSC & CSC


Question was "Why Vermont, not Texas?" Answer is, "Because that's where I-129F petitions from Texas get processed."

Vermont = VSC

Funny thing is that soon, the mailing instructions will be to Texas again, through a lock box and on to VSC or CSC after "intake".
pushbrkMaleChina2010-06-21 21:37:00
K-1 Fiance(e) Visa Process & ProceduresWhy Vermont?

Me and my fiance are filing for a fiance visa.

My fiance lives in Dallas, Texas, but our case is being processed in the Vermont office. Why is this?
Looking at the number of cases, I see that there are a lot more processed in Vermont than in Texas. Wouldn't this mean that Texas would be faster to get it approved? How do they decide where to process your case?

On the USCIS website it says our application was recieved on June 2nd. Still says initial interview.
How long should I espect until we get out NOA2 approved?


Because that's where I-129F cases from Texas petitioners are processed.
pushbrkMaleChina2010-06-21 09:05:00
K-1 Fiance(e) Visa Process & ProceduresI-134 Question, Real Estate

I now understand the poverty guidelines of $18,212 is required for a family of 2 which will apply to me and my future wife. I also now see that my govt. pension (which is permanent) of $25k+ meets this requirement. I have already requested my tax transcripts for the past 3 years and of course I still have my W-2's for the same period. I am a recent federal retiree so I have not yet had a full year of retirement income, but this I won't sweat because this income is steady and permanent until I die. The income will only increase in the future with COLA's. After the Office of Personnel Management (OPM) determined what my final pension amount is, they sent me a letter to notify me that I will receive $25k+ from them. I will attach a copy of this letter along with the tax transcripts to the I-134 before I mail it to my fiancee.

But now I wonder why you say that Guz IV is hard. Needless to this, this worries me. Is there a Guz I II & III that may be better? I am honest and straight about my answers on all forms. I have nothing to hide, and I try to research so I can provide the authorities the info they require. But now I'm worried about GUZ IV.


IV = Immigrant Visa Unit. No way around them. They aren't particularly hard about finances but if they request something at the interview, it can take a long time to get an answer back from them once you submit it. The other hard part is that they sometimes won't let you hand over something they requested, even if you have it with you. It's best to get it right the first time. The good news is your plan will work just fine as described above, in my opinion. No need to list any assets.
pushbrkMaleChina2010-06-22 16:18:00
K-1 Fiance(e) Visa Process & ProceduresI-134 Question, Real Estate

Not to belabor the point, but lenders around here will happily write a HELOC for someone with little or no income if they have substantial equity. They'll greatly reduce the amount of available credit so that it's well below the actual amount of equity the homeowner has, and jack up the interest rate. HELOC lenders are the pawn brokers of the real estate industry. They're not particularly bothered if you don't repay the loan, since they're content to foreclose and get your home for a fraction of it's market value.


You aren't belaboring the point. You're making mine. It's how, not whether. See bold in your last sentence.
pushbrkMaleChina2010-06-21 15:07:00
K-1 Fiance(e) Visa Process & ProceduresI-134 Question, Real Estate

I thought the same thing at one time. Because of the "undue hardship" clause in the I-864, I thought they wouldn't consider your only home, just as they won't consider your only car, since selling either would impose an undue hardship. It was pointed out to me, and after a more careful reading of the I-864 instructions, that a house and car are the not the same thing. USCIS will consider the equity in your home as an asset because you can cash out all or part of that equity without selling the home. The resulting increase in your total mortgage payments would be a small fraction of the additional debt incurred, so it isn't likely to be considered an undue hardship or financial loss. Since they'll accept this with an I-864, I don't see any reason they wouldn't accept it with an I-134, as well.

Anyway, this is academic, since the OP doesn't need assets to qualify.


"How" equity in the family home is considered is the issue, not "whether". Yes a house is not a car and for the reasons you state but there's no guarantee of borrowing equity. If income is below 125% of the poverty level, that also impacts one's ability to qualify for a loan. Remember, this issue only becomes relevant when the relative has been in a position to receive means tested benefits. When a couple qualifies for the kind of benefits the would need to repay, they usually don't qualify for much of a home equity loan, since they have no means to repay it.
pushbrkMaleChina2010-06-21 01:07:00
K-1 Fiance(e) Visa Process & ProceduresI-134 Question, Real Estate

Family size will be two, me and my fiancee. I have no mortgage, no car payments, no investments other than Thrift Savings Plan. No dependents. So it will be just me and her. I do need to look at this I-864P. Thanks for the heads up on that!


You're fine. I would simply state and document the income and leave the asset portions of the form blank. Your income is close to double what is required for a household of two.
pushbrkMaleChina2010-06-20 22:37:00
K-1 Fiance(e) Visa Process & ProceduresI-134 Question, Real Estate

If you are going to depend on the home's value to help you qualify, and you don't want to risk your proof of value being questioned by the consular officer, then you should get a licensed appraiser.


If you NEED to depend on the home's value to help you qualify, then you should find a qualified cosponsor. Maybe you know one who is also a licensed appraiser. For people with qualifying income that is marginal, they can save some money using the tax assessment. Of course, it's not accurate but it is generally considered to be less than actual value, if recent. Even if discounted 20% in the Consular officer's mind, it will serve the same purpose. They don't believe you'll liquidate the house to support your spouse but they'll get it that your low income is sufficient with no housing payment.
pushbrkMaleChina2010-06-20 10:19:00
K-1 Fiance(e) Visa Process & ProceduresI-134 Question, Real Estate

I am preparing my I-134 to send to my fiancee. I want to list my home on the form. The mortgage is paid off. I have already obtained from my County Clerk's office certified copies of the Satisfaction of Mortgage and the Deed itself. But I need the value of my home. So my question is this: Can I use a free online service like Zillow.com and use their "estimate" of my home's value and send that print out with my form? Hey, it's cheaper than an appraiser. Thanks for your help.


Your "can" do just about anything you want. Whether it will be accepted is entirely a different matter. Be aware though that, one, if your income is clearly sufficient, you can simply leave all asset related questions blank and two, Consular officers tend not to consider the equity in the home you actually live in.

In short, if you NEED to use your family home equity to qualify, you probably need a cosponsor. If your income is marginal, using the house can help show solvency though. I would use your latest tax assessment instead of an online estimate though.

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

pushbrkMaleChina2010-06-20 08:50:00
K-1 Fiance(e) Visa Process & ProceduresGeneral K1 questions
London is reasonably flexible in rescheduling interviews but I would do all you can to show up when first scheduled. While they're being flexible they're also expecting that you are prepared to leave your job and move to the USA to marry and live permanently. Putting them off because you have to work, can count against you as they evaluate whether your relationship is bona fide.
pushbrkMaleChina2010-06-22 22:14:00
K-1 Fiance(e) Visa Process & ProceduresWhere do I begin?
Disagreement and disrespect are not synonyms. Disagreeing with an opinion CAN be an attack but I haven't seen any "attack" aimed at Mandy, only respectful disagreement. It's not personal. Incorrect information can be harmful. Most contributors here give their time and counsel in order to help others through the process.

Edited by pushbrk, 24 June 2010 - 01:49 AM.

pushbrkMaleChina2010-06-24 01:48:00
K-1 Fiance(e) Visa Process & ProceduresWhere do I begin?

Somehow I just KNEW that you and that other dude would know so much more about it than I, the person involved and who sat in the court during his proceedings did. Must be nice to really believe that you know everything all the time. But I've got news for you....


When people have little understanding of the actual procedures, they often tend to misinterpret the meaning of events. You are repeating your understanding derived from another observer who apparently had a limited understanding of the actual circumstances and how the law was applied to those circumstance.

When it quacks and smells like a duck, it's probably a duck but when people are unfamiliar with how ducks quack and smell, they may well think they hear and smell a swan. You smell a swan. I smell a duck. If you knew more about ducks, you'd smell one too.
pushbrkMaleChina2010-06-23 22:39:00
K-1 Fiance(e) Visa Process & ProceduresWhere do I begin?

Every situation is different. My ex husband's cousin, came in legally, overstayed, married a USC, was married to her for almost 6 years and then immigration caught up with him because he overstayed. He was arrested in his home and held for over 10 months in jail for it, missing the birth of his child in the meantime. It's so hard to predict what will and will not happen. Just get some legal advice and read the laws for yourself and try to understand as much as you can and choose from your options carefully.


Yes, if you overstay and then make no effort to adjust status after marriage, anything can happen. To get an immigration benefit, one must actually apply for it. Once arrested and in deportation proceedings, the options change.
pushbrkMaleChina2010-06-23 07:52:00
K-1 Fiance(e) Visa Process & ProceduresWhere do I begin?

How the person entered is the difference. Legally vs. illegally (EWI or entered without inspection).


The difference in procedure is one gets to stay and become a permanent resident and the other doesn't. Overstays after legal entry are forgiven when you marry a US Citizen under many circumstances but are almost never forgiven without leaving and re-entering legally after securing a hardship waiver.

It's like the difference between a misdemeanor and a felony. The consequences are quite different.
pushbrkMaleChina2010-06-21 18:24:00
K-1 Fiance(e) Visa Process & ProceduresWhere do I begin?

I dont have much personal experience with this issue but I have a friend who has been here illegally for 8 yrs. All he did was marry the USC and he is good he has a work permit and Social now....So why would you send your love back home just marry her and do the necessary paperwork that is all you have to do...and get a lawyer to help. Like I said my friend was here 8 yrs illegal he came on a visiting visa and never left and in fact some unfortunate things happend where he was detained and they found out he was here on expired papers and all they did was ask him why did he over stay his visa and gave him a court date to come back (he had gotten married one week before he was detained) but he does have a lawyer to help him with the AOS..I say marry your love and go from there.......No need to send her home and start again and run the risk of her not being able to enter the country again...GOOD LUCK to you!!!


This is a case of "entered without inspection". Your friend entered legally and overstayed. It's like night and day, not even similar from an immigration process standpoint.
pushbrkMaleChina2010-06-21 15:22:00
K-1 Fiance(e) Visa Process & ProceduresWhere do I begin?

I still think your best bet for that type of advice is an immigration attorney, particularly one who deals a lot with those who have been here illegally. Anyone else who has just been in your situation and gives you advice isn't exactly a legal expert - they just know what worked for them. I would hate for you to stake your futures on that.


I agree this case is needs at least an initial consultation with an attorney. Not because information you've been given is in error but because you need a comprehensive evaluation of your options AND because when dealing with an illegal alien, the process IS a legal issue, not just "visa journey".

I suggest you find a local attorney experienced dealing with illegal aliens and who demonstrates confidence in their understanding of temporary protected status for Hondurans.
pushbrkMaleChina2010-06-18 15:26:00
K-1 Fiance(e) Visa Process & ProceduresWhere do I begin?

You clearly did state that you were represented by a self-taught attorney. No twisting of words.

I made a very nice simple statement to the creater of this thread and you all took it upon yourselves, you and that other guy, and tried to make a big deal out of it. Get a hobby. Stop looking in these threads for things you can try to make yourself look all big and important by putting other people down and twisting what they say into something it's not. I see that done here all the time. It's pathetic.

If you are not an attorney, then you are not an attorney. I can call myself an astronaut but it won't get me a job at NASA.


A "self-taught" attorney is somebody without a law degree who passed the bar exam, so yes, an attorney. You may not have intentionally "twisted" any words but you conveniently left some out.

Knowledge is what is used to pass a bar exam and knowledge can be obtained in many ways. Knowledge is what is required to assist people with immigration matters that don't involve a prosecutor, court or judge. Experience and college are two of the MANY ways to obtain knowledge. You know about your knowledge and how you obtained it. You do not know the same about all the other members of VJ. YOU made some good recommendations and you did so without a law degree or a license to practice law. You'll also see bad recommendations, many of them made by people with law degrees and licenses to practice law.
pushbrkMaleChina2010-06-18 12:51:00
K-1 Fiance(e) Visa Process & ProceduresWhere do I begin?

As far as the OP's problem goes, this is the most beneficial information in the entire thread.


Note: Temporary Protected Status does not apply to Hondurans who entered the United States after Dec. 30, 1998.
pushbrkMaleChina2010-06-18 10:22:00
K-1 Fiance(e) Visa Process & ProceduresWhere do I begin?

Neither was there anything in my original post that indicated that people here didn't know anything. Don't be so sensitive. Geez!

I have read plenty here, both from members who seem to know something and members who don't. I've seen HORRIBLE advice given. I don't think that advising this guy to get legal counsel is really something for you to attack me on. That was my point. And I have been here for a while. ANd I've seen more mean and disrespectful posts... like yours to me... than I have nice ones with people actually trying to be helpful. That's my visajourney.com experience and I've talked to a lot of people here that agree. If not for the timeline feature, I'd have stopped coming here a long time ago. You can study up on something and misinterpret it's meaning very easily. And I'm sorry but at your interview, "Well, someone told me on VJ that this was correct", isn't going to help you. Anyway, I won't be responding to you anymore because you being a know it all and me letting your pettiness get to me isn't helping this guy. Good luck guy. This is what you have to look forward to here.


I'm not attacking you at all and certainly not for advising the OP to seek legal counsel. I'm taking exception to this assertion and this assertion only and primarily with your use of the words "we" and "us".

We can only tell you what has happened to us personally or to people we know.

You know YOUR qualifications and limitations, not those of the rest of the members.
pushbrkMaleChina2010-06-18 09:04:00
K-1 Fiance(e) Visa Process & ProceduresWhere do I begin?

Are you an immigration attorney? If not then, what's your point?

My qualifications are that, just like you and all the people here... I have no qualifications as an immigration attorney and therefore I, just like you Mr. Smartypants, can't legal advise this poor guy in what he should do. We can only tell him what we've experience or what we've been told. Just like I said. So why don't YOU think before attacking me. I never said other people were wrong just that they aren't qualified to give legal advice. And I'm RIGHT!


Some of us know about things because we've studied them. When others make assertions as if they know, it's best not to presume they don't know what they're talking about. If somebody appears to know something you don't know, there's a pretty good chance they actually DO know something you don't know.

If you read here for a while you'll see all kinds of incorrect advise given by immigration attorneys getting corrected by members here who "know" but aren't attorneys. Nobody has a corner on knowledge, regardless of the subject matter.

While only an attorney can give "legal advice", that term was not in your original assertion.
pushbrkMaleChina2010-06-18 08:51:00
K-1 Fiance(e) Visa Process & ProceduresWhere do I begin?

You absolutely need a lawyer. Everyone here, no matter how self educated, experienced, and well meaning, are not immigration lawyers. We can only tell you what has happened to us personally or to people we know. But don't ask, don't tell will not fly with immigration proceeding here. They will ask you everything you ever thought of someone asking you. You must have long standing proof of communication with each other and the story of how you met. So many things. But she can return to Honduras, even without a passport. If she buys a ticket, and isn't on any wanted lists for illegal activity (aside from her stay here in the US), they should let her leave. She will have to endure questioning at the airport and most likely issues when she arrives. But they should let her back in to her home country. My fiance was in France illegally, he was able to leave after some questioning from police at the airport in Paris and he had no real troubles. How do you feel about living in Honduras?


Just what are YOUR qualifications to make assertions about the extent of the knowledge others have? Please speak for yourself and your own abilities, not those of others about which you know nothing.
pushbrkMaleChina2010-06-18 00:27:00
K-1 Fiance(e) Visa Process & ProceduresWhere do I begin?
It should be noted that the OP has no immigration knowledge at the outset of the thread and probably little if any understanding of international travel. He's learning fast. He now realizes that "don't ask, don't tell" is not applicable because they DO ask.

His fiancee entered the USA illegally (without inspection) and is both ineligible to adjust status or obtain a spouse or fiancee visa AND is subject to a ten year ban on re-entering the USA. He can file for a waiver of that ban but there is far from any assurance that waiver will be granted. It's a lot to deal with in one day.

We have a whole separate forum dealing with waivers but essentially, to be successful, one must show a severe hardship to the US Citizen resulting from their loved one being denied the immigration benefit sought. Separation from a loved one, in and of itself is considered a "hardship" not a "severe hardship".

The OP needs to understand as well that "legal residence" and "citizenship" are entirely different animals and he will not obtain Honduran citizenship in six months. I think he was referring to filing a petition for spouse from Honduras which would require he live there six months, not that he become a citizen of Honduras.

Whether one considers it unfortunate or not, what millions people in similar situations do is simply go on with their lives as illegal aliens indefinitely in the hope some new law including some sort of amnesty will obviate the need to leave the USA indefinitely.
pushbrkMaleChina2010-06-17 14:27:00
K-1 Fiance(e) Visa Process & ProceduresWhere do I begin?

Well im definately not looking to lie on any forms, and I want to follow the rules and guidlines to the "T" but im not sure how either the US or Honduras will know she has been in the US for 10 Years. Im thinking that if she goes back to her country, we can then begin the process of filing the necessary forms to bring her to the US legally....wether it be a Fiance Visa, or I go to Honduras on a Passport and Marry her there then petition to bring her here on a Spouse visa. I suppose I couldnt marry her here with her current Illegal status....


Your statements above conflict. They would know because you were both truthful in filling out the necessary forms to begin the process. Only if you lie would there need to be any other way for them to know. The forms ask where she's been the last five years. To leave the USA any by air or sea, she'll need a valid passport, so there will be a record of her leaving unless she travels overland illegally entering both Mexico and Guatemala before presenting herself at the border of Honduras, essentially retracing the steps of her illegal entries to Guatemala, Mexico and the USA.

Your question itself indicates you contemplate illegal activity.

The legal way is to file the papers truthfully, have her obtain a Honduran passport through a Honduran Consulate in the USA (unless she already has one) and then at the appropriate time she goes home an takes her medicine with the understanding she may never be allowed to return.
pushbrkMaleChina2010-06-17 11:30:00
K-1 Fiance(e) Visa Process & ProceduresWhere do I begin?

Unfortunately, her long period of illegal presence complicates matters quite a bit. Being here that long means that she will face a 10 year ban from the US.

The only way to overcome that is, once you have applied for the K1 visa at the consulate and are subesquently denied (due to her overstay), to file a 601 waiver. The only problem with that is getting the waiver approved. You must prove extreme hardship to you - the US citizen - if the alien is not granted a visa. This isn't something I'd go alone - I would seek the help of an experienced immigration attorney to navigate those waters. Also, this other forum may help you - a lot of folks there are going through the same thing.

http://immigrate2us....forum/forum.php

Read the K1 guide to understand the visa itself - but mainly, it is designed so that the two of you would marry here. If you wish to marry elsewhere, then a spousal visa is the way to go. However, you'll still have the ban/waiver process to endure.

http://www.visajourn...content/k1guide


Correct but one issue needs to be very clear. To apply for a visa that will be denied, the foreigner leaves the USA to get a medical and visa interview in Tegucigalpa and there is no assurance she will ever be allowed to return to the USA. The OP cannot "get her papers" from within the USA. She has to leave at some point in the process.
pushbrkMaleChina2010-06-17 10:47:00
K-1 Fiance(e) Visa Process & ProceduresI-129f question # 10 HELP

my fiance do not know his naturalization certificate number, what should he write on the box that says "give number of certificate, date & place it waas issued" and " if yes, give certificate number, date & place it was issued" or should he just leave it blank coz he already made a photocopy of his passport to prove his citizenship???
tnx.....


Write "unknown".
pushbrkMaleChina2010-06-28 09:05:00
K-1 Fiance(e) Visa Process & Proceduresnaturalization certificate lost - help pls..

My fiance became a US citizen thru naturalization, the prob is, he doesnt have his naturalization certificate with him, he surrendered it so somebody, he cant even remember when coz its been a long time.. now we need to know his naturalization certificate numberand the place & date it was issued for our I-129f & we dont know where to get it..


No, you don't. Just write "unknown". He'll be using his passport as evidence of citizenship and they'll be able to access the information from that.
pushbrkMaleChina2010-06-28 09:08:00
K-1 Fiance(e) Visa Process & ProceduresChinese translation

The notary will take care of the translation.


Yes, and that is what the Consulate will expect. Notarial translations from the Gong Zheng Chu.
pushbrkMaleChina2010-06-09 08:23:00
K-1 Fiance(e) Visa Process & ProceduresWithdrawal of K-1 Visa

Sorry pushyb. I respectfully disagree. I did it and succeeded WO notarization. You cannot say the same.


:star:


But we aren't disagreeing. I said it is not required and I'm not the least bit surprised you were successful without notarizing pretty much anything in the visa process or to withdraw a petition or affidavit of support. It is definitely NOT a requirement.

What I said was that I advise doing it anyway. The reason is that you are making an official request that can ONLY be honored from you. In any such circumstance, having a notary attest that it was indeed YOU, who signed the request, CAN help and NEVER hurts.
pushbrkMaleChina2010-06-23 23:12:00
K-1 Fiance(e) Visa Process & ProceduresWithdrawal of K-1 Visa

FYI, Notarization NOT needed in withdrawing a petition or affidavit of support. Really.

:star:


Absolutely NOT required. I recommend doing so for both, nevertheless. It's easy and usually free.
pushbrkMaleChina2010-06-23 22:29:00
K-1 Fiance(e) Visa Process & ProceduresDiabetes type 2

my fiance just had his medical in Paris...he read the eye chart, the Dr looked in his ears and throat, listened to his heart and lungs, took a blood sample - I suppose for HIV, gave him two vaccinations and took a chest x-ray...that was it.


Diabetes is not an issue. HIV was taken off the list for testing last fall.
pushbrkMaleChina2010-06-18 10:39:00
K-1 Fiance(e) Visa Process & ProceduresIt's Complicated!

I wanted to add the following too. First I was just informed that you need to disclose your marriages on the g-325a (like I said I am still learning myself), so that will look very funny and that you don't take the marriage process seriously ... but that is more of an opinion than an analysis. The other issue it raises is that the K-1 and K-3 process is for U.S. citizens to get married, and you may have to show that you were married prior to being a citizen (the possible problem above), that you then divorced, and now that you are a citizen you want to bring her over using the K-1 process (that you could not have done with a K-3 since you were not a citizen when you married). This too will look suspicious probably. This is worth a consultation with at least one attorney that knows all the ins and outs as well as possibly a second opinion.


If the facts are correct as stated in the numbered list, then correct analysis has already been given. To get a petition approved, you show you are both free to marry, yes but the US Citizen must provide evidence of citizenship. When the OP provides truthful evidence of his past marriages and divorces, as required by the petition process, he will be signing testimony that his citizenship was obtained fraudulently. So his issue is not whether he is now free to marry but whether he is entitled to the US Citizenship required to file a petition for a fiancee.
pushbrkMaleChina2010-06-03 14:18:00