ForumTitleContentMemberSexCountryDate/Time
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
K-1 Fiance(e) Visa Process & ProceduresIt's Complicated!

Ramon, here are the facts as I understand then;

When your parents petioned you, you were a married child, but you can under an um-married child status.

1. You obtained your citizenship as an un-married child of an USC. If true FRAUD, will lose citizenship

2. You were married in your home country, but you got married to a 2nd person without a divorce from the 1st marriage. If true then this is considered bigamy.

3. You divorced the 2nd married, then you re-connected with the 1st wife.

4. Now you have divorced the 1st wife.

5. Finally you are at a point that you now wants to petition the 1st ex-wife, who is now your fiancee to the bring her on a K1 (fiancee).

I just clearify the facts as I think you have stated them.


If these are the actual facts (not disclosed clearly in the opening post) then yes, USCIS is likely to examine the entire immigration case again and revoke the citizenship. In the opening post, a simple question was asked, so nothing complicated. With the above set of facts, it sounds more complicated but really isn't.

The OP doesn't need an attorney forum, he needs a comprehensive consultation with a qualified immigration attorney experienced in cases where residency and citizenship were obtained fraudulently.

If the facts listed above are not correct, please correct them.
pushbrkMaleChina2010-06-03 08:53:00
K-1 Fiance(e) Visa Process & ProceduresIt's Complicated!

YES, OH SI, OUI, SI


And the answer to the question isn't complicated at all. Perhaps the reason for asking it is.
pushbrkMaleChina2010-06-02 22:10:00
K-1 Fiance(e) Visa Process & ProceduresIt's Complicated!

I know some of you might have seen me around here for a while, ever since i've been planning to bring my (girl), fiancee to the US...but..i really have something bothering me a little bit, so i thought that i might post it here as well, maybe you guys can give me some of your best ideas, thoughts and opinions...

I am gonna start with a question that i've asked in a lawyer's forum before, and trust me "It's Complicated" but not hard to analyze...

"Is it illegal to get marry in the US while being marry in another country?

I immigrate to the US from Brazil, i was separated from my wife but not divorced, I got marry here, it didn't work, so i got divorced, now i am a US citizen, and by the way I did not obtained any immigration status from that marriage, i came legally under a family petition made by my father! I went back to Brazil and found the person that is actually married to me, we are back together! But a few month ago we filed for divorce, so we can get marry again in the US, since i am trying to bring her as my fiancee, with a fiancee visa. My I-129F was approved and it's already in the US consulate waiting for "that day"


Thanks


Yes, it's illegal. It's called perjury. To obtain a marriage license in the USA, you must (at minimum) sign something that says you are free to marry. Married people are not free to marry. Married is married.
pushbrkMaleChina2010-06-02 21:55:00
K-1 Fiance(e) Visa Process & ProceduresDisclosure Question

I visited Thailand for the first time last December and it didn't work out between the woman i went to visit and myself. I met someone in February and went back to Thailand to visit her in June. We are now compiling documents/information to apply for a K1 Visa. Can anyone tell me will my prior trip in December be a problem? How should I disclose it?


You don't "disclose" it. If a question is asked about it, a truthful answer should be given. Always be truthful and accurate.
pushbrkMaleChina2010-07-03 09:51:00
K-1 Fiance(e) Visa Process & ProceduresPetition to VSC - question about processing

Gary,

Now the I-129F are being transferred to some lockbox in texas. Vermont is not doing petitions from May 15th. Can you ask what happens to previous petitions that were processed at VSC? DO they stay in the shelf or are they being sent to the Lockbox? is the wait time for new petitions suppose to change? My petitions was received by VSC and two day later sent to the Lockbox and I wondered how long it will take now the process has changed


The lockbox facility will do the "intake" and then forward the petition to Vermont or California probably based on workload more than geography. Lockbox facilities do intake, not petition adjudication.
pushbrkMaleChina2010-05-30 10:47:00
K-1 Fiance(e) Visa Process & ProceduresExpired K-1 visa

I do not think the money is much of an issue as long as there is no real downside from not having complied with the terms of the K-1 visa such as closer scrutiny or inspection at AOS to determine why the one did not comply with the terms of the K-1.


All valid concerns. Nobody said there weren't potential downsides but this is the applicable procedure for the circumstances. Closer scrutiny of the relationship bona fides would be a given but there's no way around that anyway. The explanation given is plausible enough, so I expect the relationship can stand up to the scrutiny.
pushbrkMaleChina2010-06-20 22:35:00
K-1 Fiance(e) Visa Process & ProceduresExpired K-1 visa

I agree. If she is here, you should go ahead get married and then file i-130 & i-485 concurrently.
Don't think there should be any problems because she entered legally on an immigrant visa.


K1 is a non-immigrant visa but the path indicated is appropriate because she entered legally on any visa.
pushbrkMaleChina2010-06-20 09:08:00
K-1 Fiance(e) Visa Process & ProceduresExpired K-1 visa

No matter what, it is a sensitive matter. The most likely path is you will need to re-file the petition and reapply for the K-1 Visa. Since this will be a new I-129F filed within two years (I am assuming two years) of your previously approved petition, you will need to submit a waiver which is nothing more than a piece of additional paper with an explanation of events.

And of course if the matter of the first Visa not being used is raised at the subsequent Visa interview, you need to be fully honest in all information and answers provided. I am very carefully avoiding the use of the word "complete" in answers or explanations.

Good luck.


She's still here in the USA. They can simply marry and file to adjust her status. Since the marriage occurred after the 90 days allowed, he'll need to file an I-130 concurrent with the adjustment of status filing but there is no need for a new visa.
pushbrkMaleChina2010-06-20 09:00:00
K-1 Fiance(e) Visa Process & ProceduresFolder Presentation...

:no: I looked at that, don't think it's a good idea. They'd have to take each page out of those pockets one at a time. If they see something like that, they might put off doing yours until the very last, because it would be a huge pain for them. Gather your papers, put them in an envelope, and send it. No frills needed.


Exactly. Make it easy for them and they'll have no motivation to put you on the bottom of the stack for a few days.
pushbrkMaleChina2010-07-06 08:54:00
K-1 Fiance(e) Visa Process & Proceduresis a response to an intent to deny a RFE or something else?

Iv'e read about USC's being screwed for less. Why take a chance ?


Try marrying in Ukraine, USC to foreigner, particularly without going there again. I-129F petitions are routinely approved and K1 visas issued when IMBRA is properly complied with. Then, there's the matter of the additional trip abroad to actually marry. I sometimes advise that but not when the only problem is a failure to provide needed documentation.
pushbrkMaleChina2010-07-05 08:39:00
K-1 Fiance(e) Visa Process & Proceduresis a response to an intent to deny a RFE or something else?

The last thing on earth you want to do is apply for a K-1 visa if you have any kind of record. Forget the K-1, get married and apply for a CR1/IR1 visa and get on with your life.


Please disregard this bogus advice. Yes, following the CR1 process will avoid the need to disclose criminal records but this petition was not denied because of a criminal record. It's being denied because the court records were not submitted with the petition. A new petition can be filed with the appropriate court records.

When you get the NOID, you'll see it's the failure to provide the records that caused the denial, not the fact that the records exist. They MAY allow you to appeal by sending the records without paying a new filing fee but I wouldn't count on it.
pushbrkMaleChina2010-07-04 22:42:00
K-1 Fiance(e) Visa Process & ProceduresFaster option?????

I live in North Carolina and would prefer to use this address but I could use an address in New York if needed. So from North Carolina, Texas would be my service center but do they accept CR-1 applications or is it only Vermont and California????


NY and NC both use Vermont. Texas hasn't processed family petitions in years.
pushbrkMaleChina2010-07-06 15:59:00
K-1 Fiance(e) Visa Process & ProceduresFaster option?????

Which visa is faster to obtain as of today, since there in no K-3 any longer..... K-1 or Cr-1????
Which Service Center in moving faster..... Vermont or Texas???
Just curious because I can go either way with both of these but would like to have my loved one in the US as fast as possible!!!!


You don't have a choice of service centers. If you're not married but have already met in person, you can file the I-129F for the K1 process now instead of waiting until you can arrange to marry, so K1 would be faster in that case.

Who says there is not a K-3?



NVC effectively says there will be no K3. Just how do you, Gary, propose a couple secures a K3 under the policies in place today?
pushbrkMaleChina2010-07-06 15:41:00
K-1 Fiance(e) Visa Process & Proceduresphotos - proof of meeting in past 2 years

i have alot of photos that are dated, on my computer.
what would be the best way to print them out?
is there any specific way the they want them or format?
can i just print them out on regular printer paper? or should i make the extra effort and go for more expensive paper specifically for pictures?

any ideas or suggestions?

thanks


Regardless of the paper type, I would print up to 9 per page on full sheets of paper. Be aware that photos are good to send but they are secondary evidence of meeting in person. You'll also need primary evidence like boarding passes, passport stamps or receipt for purchases in country.
pushbrkMaleChina2010-07-04 22:29:00
K-1 Fiance(e) Visa Process & ProceduresCould it be bad for the application, if you send too much information?

I'm a firm believer in "front loading"... it lessens the chances of a dreaded RFE... Welcome to VJ and may your journey be a smooth and short one!


I am too but generally don't include an I-134 with a petition as it will just need to be provided again later with current date and documentation. The employment information on the G325a is generally sufficient to get the Conoff thinking appropriately about any financial issues.

A photocopy of your birth certificate won't hurt anything but you'll be expected to carry the original to the interview, so don't send originals of such documents. What should be original are the cover letter, check, petition, G325a and letters of intent.

Edited by pushbrk, 04 May 2010 - 06:30 PM.

pushbrkMaleChina2010-05-04 18:28:00
K-1 Fiance(e) Visa Process & ProceduresUS Citizenship & K1 Visa

If you follow the K-1 guides posted on here, you'll see you send copies of everything to USCIS and save the originals for the interview

Good luck


Copies of supporting documentation. Petition, G325a forms and letters of intent must be the originals.
pushbrkMaleChina2010-07-04 18:50:00
K-1 Fiance(e) Visa Process & ProceduresSkipping the K1 Visa?

So what are the reasons behind removing the K3?



Read about it in the K3 forum. Reasons, IMO are just a turf war between USCIS and Dept. of State. The K3 was designed to save time but hasn't saved but a few weeks at most for almost four years.

Remember that each border crossing is a new decision for everybody in every circumstance. There are never any guarantees but you have the Nexus pass and are close to the border.
pushbrkMaleChina2010-07-07 14:39:00
K-1 Fiance(e) Visa Process & ProceduresSkipping the K1 Visa?

I think so far this is what we've discussed as a possibility the most. In this case, would we have to show that the first civil marriage was spontaneous? Or is that now required? If we were to go this route, got the marriage certificate, and applied for the Visa, what are the key differences between a K3 spouse visa and a CR1 visa?

Also, what would be a typical wait time? Say if we were planning on getting married September 2011, how far in advance would we require doing the civil marriage in order to have everything in place by the September deadline? Thanks for all of your guys' help on this. I have been learning a lot!


K3 is dead. Forget about it. It would be perfect for your situation but for all intents and purposes, is no longer available. It doesn't matter if the marriage is spontaneous or not but if you indicate the purpose of the visit is for marriage, they won't let you in on the assumption you'll stay illegally. If you want to maintain the most flexibility for travel, marry first and take the CR1 visa route. If you want to have an immigrant visa by September, 2011 get married early this fall.
pushbrkMaleChina2010-07-07 12:28:00
K-1 Fiance(e) Visa Process & ProceduresSkipping the K1 Visa?
The difference between K1 and K3 is that the K3 visa is for "already married" couples. While the K-1 requires to be just engaged and be free to marry within 90 days t
[/quote]

The key difference between K1 and K3 today is that a K1 visa can actually be obtained, while a K3 cannot. For this situation, I recommend marriage first and a CR1 visa. You can start with a simple civil marriage and then have your "planned" ceremony and celebration after the CR1 visa is in hand.
pushbrkMaleChina2010-07-06 22:57:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Visa fee changed?

I had called the VFS office this afternoon to ask them about K1 fees and they said its 400$ now.
It was 355$ earlier and 400$ as of now.

Now, I am confused ...what is the exact amount ?


First understand the process. Filing a petition and applying for a visa are separate things. The petition filing fee is $455. Once the petition is approved, the foreign fiancee applies for a visa. Currently, the visa application fee (paid abroad, usually in local currency) is $350. Right now, you're filing a petition, not applying for a visa.
pushbrkMaleChina2010-07-07 12:22:00
K-1 Fiance(e) Visa Process & ProceduresQUICK FAST HELP!

We submitted our I129-f at the beginning of June. I included actual pictures, copies of phone records, old letters and cards with postmarked envelopes, flight itiniarys, boarding passes, reciepts for proof of buying things while on our visits, bus reciepts, a brochure from the hotel we stayed in, anything I could think of that would show proof of us being together and communication with each other was included in our packet.

Good luck with your submission. I hope this helps a little.


Twice in the last few minutes, I've seen you refer to "actual pictures" or "actual photos". Today, there are probably more "photos" residing in electronic format than on film or photo paper. When using a film camera, the "actual photo" is the negative. Photos should be of a size that allows the subjects to be identifiable. Other than that, it is of no importance what kind of paper they are printed on or what process was used to print them.

I strongly suggest all photos provided be on full sheets of paper, so they don't get lost when packages are opened and proper government files are built. Sending smaller "photos" is a good way to get them lost, rendering them useless. YMMV.
pushbrkMaleChina2010-07-04 22:37:00
K-1 Fiance(e) Visa Process & ProceduresCO Request for Impossible Document

I agree it has nothing to do with the age difference as this is very common in the Philippines, even that large of an age difference.

The allegedly "impossible document" refers to the passport stamp showing the USC Petitioner was in the Phils on January 19, 2008, which he was not, because the DOS wants to see that the Petitioner was in the Phils. in the two years preceeding the NOA1 date.

I believe that the DOS may be technically correct in this regard and that the two years before the petition is filed starts with the date of NOA1, not the date the form was filed.

The CO at the Embassy is saying the USC had not met his fiancee in the two years prior to filing the I-129F petition.

You have a lawyer, just follow his advice.


Good luck.


Correct. The issue is whether the couple was in the same place at the same time within two years of filing the petition. If they weren't, then the Consular officer is correct in denying the visa and recommending the petition approval be revoked. You might make an argument that you filed the petition within two years and the receipt notice was delayed but whether to accept that is at the discretion of the Consular officer. This being a material and primary requirement, it's far from a sure thing, they'll agree with that argument but they might. IMO, the attorney should me actually making that argument in your behalf.

Here's hoping the attorney isn't the cause of the late filed petition.
pushbrkMaleChina2010-06-17 00:59:00
K-1 Fiance(e) Visa Process & ProceduresWe filed for the K-1 Visa, BUT.....

Yes, send a one page letter to the USCIS, and cc it to the NVC and withdraw your petition and I-864 affidavit of support.


ps, you don't need to notarize such a letter, but many uninformed persons will recommend it, so consider the source.

Kudos to you to seeing a scam unfold right B4 your eyes. Take action now to protect yourself, then move on to find true love.

:star:


Notarizing is a good idea, not a requirement for such a letter. However there is no I-864 to withdraw in a case still at a USCIS service center. The above "source" either didn't read your post carefully or is simply uninformed.

See how pissy begets pissy? :rofl:
pushbrkMaleChina2010-05-31 09:01:00
K-1 Fiance(e) Visa Process & ProceduresCHECK MADE OUT TO USCIS INSTEAD OF HOMELAND SECURITY

Please Help!!!!!!!!!!!!

I just realized that I made my $455.0 check for the I-129F out to the USCIS instead of the Department of Homeland Security. What should I do? Will I receive a RFE for this? Please Advise. :help:


Expect the result to be exactly the same as if you had made out the check correctly. This is a common mistake they deal with daily.
pushbrkMaleChina2010-08-03 20:21:00
K-1 Fiance(e) Visa Process & ProceduresI-129f Packaging question!

So..

We're currently in the process of putting together all the information, documents, and forms for the K1 fiancé visa and we had a question.

Is it okay to put everything in a binder and have it organized that way?
We have all of the paperwork in there, with separators and such.. However I haven't heard of anyone else using this method.

What do you think?

Thanks :)


Send it any way that makes sense to you but bear in mind that they will take it apart and throw away the binder and anything else the see no need for, then build a government file in their own style. I suggest you stack the papers in the order they are listed in your cover letter, then secure them with a paper clip or binder clip. They won't be cussing you that way when they deal with your binder.
pushbrkMaleChina2010-06-03 14:12:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS Vermont Service Center address

Hello everyone,

I have been searching for the Vermont mailing address for a while now and can't find an
official website or the mailing address for the I-129F package. Any info would
be appreciated. Sorry for the very basic question.


Your question indicates you failed to carefully study the I-129F instructions you should have downloaded and studied BEFORE filling out the petition. I advise you to do so now, so you'll know what other choice tidbits of information you missed that will trip you up later.
pushbrkMaleChina2010-08-08 08:59:00
K-1 Fiance(e) Visa Process & ProceduresG-325A PROBLEM

my petitioner forgot to label/write our names on the plastic/ziplock containing our passport style photo/... will this be a prob?


Probably not but the names needed to be on the back of the actual photos. Plastic bags are a good idea, not a requirement.
pushbrkMaleChina2010-08-09 01:05:00
K-1 Fiance(e) Visa Process & ProceduresWhat the US considers "having met"

Chat logs, phone bills and emails are specifically NOT evidence of meeting. They ARE evidence of NOT meeting in person. They are not needed and do not make up for missing evidence. You NEED to show you "met in person", not that you talked on the phone.

That stuff is for the interview later.


Passport stamps are sufficient evidence of meeting in person. He can file the petition now and get it approved but again, I advise spending some documented time together before the interview. There's a whole lot of issue mixing in this thread. You don't need photos together as evidence of meeting. Those are for evidence of a bona fide relationship. Treat these as separate issues. Evidence of meeting MUST be included with the petition. Evidence of bona fides CAN wait until the interview and CAN be from a trip or trips that occur AFTER the petition is filed.

Marrying in the Philippines takes at least two weeks, (not including the honeymoon) so plan accordingly if that's the route you plan to take.
pushbrkMaleChina2010-08-09 01:03:00
K-1 Fiance(e) Visa Process & ProceduresWhat the US considers "having met"

Usually they want things like photos of you together. We also used copies of his Passport showing the stamps of his visits. But I agree that you are going to have a very hard time proving this. I mean, unless they witnesses are all willing to sign affidavits that you were there. Even then....Is there anyway you or her could visit the other for a while? Get some pictures and have a good time.


Photos are secondary evidence. Passport stamps and boarding passes are primary evidence you were in her country within the past two years. That meets the USCIS standard for petition approval. Demonstrating to a consular officer you have a bona fide ongoing relationship is a different matter, but I don't see any reason not to go ahead and file the petition. If at all possible, I would arrange another in person visit between now and the visa interview though.

Don't bother with affidavits. Being in the same country is enough to get the petition approved. Proving you met briefly does nothing in the way of demonstrating an ongoing relationship. Treat them as separate issues.
pushbrkMaleChina2010-08-08 12:33:00
K-1 Fiance(e) Visa Process & ProceduresNo Money, NO PETITION?! OH NO?!!!

Manila Embassy is really picky on Co-Sponsors. Since you are young and have recently completed "higher education" they are generally accepting of that as it means you have a higher future earning potential.

Just remember the co-sponsor will need to have enough income to support your spouse in addition to all of the members of their household at 125% of the current poverty guidelines.

I assume you reported your son's birth to the Embassy in Manila already (CRBA) so he has a US Passport.


Generally accepting in such situations, yes but two issues.

1. One parent is the sponsor, not both and must qualify for the entire household based on their own personal income, not joint income. Choose the parent who qualifies.

2. Affidavit of support is not included in the petition, so you may well qualify on your own by the time the affidavit is carried to the interview 5 to 7 months after filing.
pushbrkMaleChina2010-08-05 13:09:00
K-1 Fiance(e) Visa Process & ProceduresHow to get my Fiance's belongings to America cheaply

So my fiance is from Nigeria. He isn't going to be bringing his whole house, just his belongings-clothes etc. Two airline suitcases isn't going to cut it. We don't plan on returning for at least a year. Is sending stuff via Cargo to the US still available, I know when I used to live in other parts of Africa I did that, but that was before 9/11 and someone said cargo has changed since then. Anyone have any recommendations?
Thanks,
Mari


Expecting to obtain a fiance visa through Lagos without being there at least once during the process or at interview time is generally unrealistic. I would travel there with only a carry-on bag and then buy two additional suitcases to help bring his things to the USA when you travel together or separately. Otherwise, he should inquiry locally about economical and reliable overseas "shipping".
pushbrkMaleChina2010-08-09 08:54:00
K-1 Fiance(e) Visa Process & ProceduresMarried after 90 days

What information is required for evidence with the I-130? And do you know anyone who has gone through the same situation of getting married with I-94 expired? Is it possible to get denied? Thanks so much.


Download and study the instructions for the I-130. Of course, it's possible to get denied. If not, we wouldn't petition, apply and interview. Instead we would simply "register". Marriage after the 90 days is not grounds for denial though.
pushbrkMaleChina2010-08-10 08:33:00
K-1 Fiance(e) Visa Process & ProceduresK1 denied and being sent back to USCIS

Sad news my fiance was denied her k1 visa due to the following reasons today 8/12/10 at the Consular in Laos:
section 221(g) - The petitioner and the beneficiary provided different accounts for how they first met each other and began their relationship. Furthermore, the petitioner failed to disclose a previous marriage, indicated on the petitioner's naturalization certificate, on the petition. As this material information was not known to USCIS at the time of the petition's approval, the consular section is returning the petition to USCIS for reconsideration.

History - I don't recall ever explaining to USCIS or the consular on how we met. I saw her posting online on a website. I made the initial contact by calling her. She lives in Laos. We both speak the same language. I visited her two times in thailand for a total of 24 days.
The second part I was never legally married to my deceased fiance. We lived together for 9 nine years and have 3 children together before she passed away from cancer a year ago. Yes when I apply for my naturalization I did put that I was married but we never made the strive to marry legally in a court. I received my citizenship in Jan of 2004. My deceased fiance and I moved in together in october of 2001. I live in California.

My question and its obvious should hire an attorney and should I file for a petition or refile ASAP or wait until I recieve the package from them? It would take almost a month for the package to arrive here. Will I anger the interviwer by addressing this issue to my congress/senator in future interviews by my fiance?

thanks for you time!

John Thao


First, you need to gather the facts. Compare what you wrote in section 18 of the I-129F to what your fiancee said about how you met. Lying on immigration forms (your N400) is a serious thing. As Jim indicated, it is far more serious if you obtained your citizenship based on your marriage to a US Citizen, when you were, in fact, not married to her. This could get your citizenship revoked and you deported.
pushbrkMaleChina2010-08-12 08:53:00
K-1 Fiance(e) Visa Process & Procedurescancel I 129 F approved petition

All your help is much appreciated.

I-129F petition was approved on the 22nd Feb 2010, due to lack of time and my fiance deploying we had to extend the petition for 4 months, which would mean it would have expired on 22nd June 2010.

Things have turned around not for the good with us, and i want to withdrawl my petition. I have not sent any of packet 3 to the consulate, last thing that was done was the extension. Im gathering it would have expired?? Im going overseas to asia in 3 weeks, to get myself back on track, will i have trouble exiting Australia or entering Indonesia as i have not cancelled/withdrawn my petition?
I if i was to just leave the petition and ignore it what would happen? Does the consulate austomatically withdraw it? if so do they advise me of this?

Thanks in advance for all your help.


The foreign beneficiary cannot withdraw the petition. Only the US Citizen (Petitioner) can do so. You can inform the Consulate that you are no longer interested in applying for a visa.
pushbrkMaleChina2010-08-13 11:21:00
K-1 Fiance(e) Visa Process & ProceduresProxy wedding and k-1 form

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas states:

9 FAM 40.1 N1.3-2 Unconsummated
(CT:VISA-1165; 03-06-2009)
A proxy marriage, that has not been subsequently consummated, does not
create or confer the status of “spouse” for immigration purposes pursuant to
INA 101(a)(35). A party to an unconsummated proxy marriage may be
processed as a nonimmigrant fiancé(e). A proxy marriage celebrated in a
jurisdiction recognizing such marriage is generally considered to be valid,
thus, an actual marriage in the United States is not necessary if such alien is
admitted to the United States under INA provisions other than as a spouse.
(See 9 FAM 41.81 N1.1.) http://www.state.gov...ation/86920.pdf

She is not confered by Immigration the status of spouse. So she is correctly being processed as a nonimmigrant fiancee (K-1). So this means we do not fill in forms listing me husband?


A K1 beneficiary/applicant or petitioner would not have a spouse.
pushbrkMaleChina2010-08-13 17:14:00
K-1 Fiance(e) Visa Process & ProceduresProxy wedding and k-1 form

The K-1 process requires that, at every step of the process, up to and including PoE, the couple must be able to truthfully state "We are legally free to marry, and are therefore, by definition, not legally married." If at any point (I-129, Visa Application, PoE) either member of the couple cannot state "I am legally free to marry", the K-1 becomes unusable.

Any action taken prior to the completion of the PoE that would cause the couple to become legally married (and therefore unable to truthfully state that they are legally free to marry) would cause them to no longer be eligible to use a K-1 visa to enter the US.

I know I was asked at PoE if I was still single. Answering that wrongly would've ruined my whole year! :) You can become legally married 5 minutes after you PoE on a K-1, but become legally married 5 minutes before you PoE on a K-1 and you've just wasted 6-8 months and hundreds of dollars.


This is correct. They need to consummate the marriage and take the CR1 visa route. Note though that a marriage license is not a marriage certificate. Some states do combine both on the same form, so if this is both a license and marriage certificate, the couple is in a Catch 22. The cannot represent themselves as free to marry but cannot get a spouse petition approved until they see each other again. Any competent research ahead of time would have made this clear.

Push, maybe you're the best to answer this

What if they file for a K-1 and THEN visit, and thus consumating the marriage. They would no longer qualify for the K-1 correct?


Correct but with the additional information, they clearly don't qualify for an approved I-129F or I-130 at this time. Next step is to consummate the marriage, then file the I-130.
pushbrkMaleChina2010-08-13 12:28:00
K-1 Fiance(e) Visa Process & ProceduresProxy wedding and k-1 form

Natasha and I married in a Texas proxy wedding June 8th, 2010. We have not seen each other since December 2008. US Immigration law does not view us as married. (It will after we are together.) We are married legally for all other parts of the government. So on DS 156 and DS 230, Natalia should list us as married. Is this correct?



Should I make a statement noterized statement that we will not see each other until she arrives in US?



Thank you for your help


If you file a spouse petition without first seeing each other AFTER the proxy marriage took place, USCIS will deny the petition. You only use DS forms (visa applications) after a petition is approved. Right now, you cannot get a petition approved for a spouse.

For a fiancee, you cannot get a visa in hand if you say you are married. In the context of US immigration, you are NOT married.

If you wish to represent yourselves as married, consummate the marriage and file for a CR1 visa.

Edited by pushbrk, 13 August 2010 - 11:19 AM.

pushbrkMaleChina2010-08-13 11:16:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Paperwork; Kind of Overwhelmed

I am Canadian and He is American (just to get that out of the way)

I joined this site a long time ago trying to find info on how to process immigration paperwork. Since then there have been some life changing things that happened that have delayed us from being able to send the files. His mother got sick and needed brain surgery which was devastating to both of us. I had a car accident which was quite serious and needed time to recover from.

Now, we are almost back on track and will start processing in the next month or so. I have downloaded the necessary documents but I assume that he will need to fill them out from within the US? This entire process seems very daunting :(

I want to meet anyone else in the Ottawa area that has just started filing their K-1 that would be able to guide us.

PS: I will update my timeline soon.

Thank you!


It doesn't matter who or where when "filling out" documents but the initial filing is HIS petition in your behalf so the actual forms he signs and mails to USCIS will be "originals" not copies. Supporting documents are photocopies at the petition stage but you'll carry originals to the interview. Study the K1 guide and if you, as the foreigner, are going to do the "filling out" make sure you do it as if the US Citizen were doing it. Your information goes on the right side of the I-129F, for example and it's his birth certificate needed at this stage, not yours.
pushbrkMaleChina2010-08-13 17:26:00
K-1 Fiance(e) Visa Process & ProceduresWhy K-1 and not K-3 / Why getting married in US instead here

Hello:

What would be THE PERFECT ANSWER FOR "Why K-1 and why not K-3"?

Also for "why not getting married here instead is US"?

Does any of you know how the consulate in Colombo, Sri Lanka handles their interview for K-1? I found out that in 2009 US embassy in colombo issued only 18 K-1 visas. So, i am thinking this grilling part of teh interview is much less likely. Any thoughts anyone?

Thanks


Make your life plan first and then pursue the immigration path that matches it.
pushbrkMaleChina2010-08-13 17:12:00