ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresWRONG DATES

My fiance stated in his declaration of meeting in I-129f that he stayed in our home between 09/02/2009 to 11/18/2009 but the time we had been together is 09/04/2009 to 11/17/2009.. He included the day he departed from US 09/02 and the day he departed from Manila 11/18..
will it lead to misrepresentaion of facts?
please help..


No and if there's any question about it, just indicate he took the dates from his travel itinerary or boarding passes. They'll understand as they know many flights from USA land in Asia two days later.
pushbrkMaleChina2010-04-15 11:16:00
K-1 Fiance(e) Visa Process & ProceduresWhich is best for person with tourist visa

Once she returns to her country (or even after they have marriage certificate in hand)

He can file the I-130 petition for a CR-1 visa.

Good Luck !



Yes, and then from filing to visa interview is generally six to eight months but varies by how busy the specific Consulate is when it comes to the interview.
pushbrkMaleChina2010-04-15 15:01:00
K-1 Fiance(e) Visa Process & Proceduresrequest for evidence

For $500 you're getting some administrative assistant to prepare your paperwork, and not much else. A decent lawyer starts at around $150 per hour. What you got is the legal industry equivalent of a fast-food drive-through immigration document prep service.

I completely understand not having much free time to work on this stuff. I also considered hiring an attorney to save me from having to spend a lot of time on this. However, having had some prior experience in legal matters that required the assistance of an attorney, I know there is a huge difference between the quality of service you get when you hire an attorney for personal service and pay them by the hour versus paying one low fixed price for the service. With a paper mill legal service, the potential for losing your legal battle is dramatically increased. There's also a chance they'll leave a mess for your next attorney (whom you'll probably have to pay by the hour). If the paper mill service fails, then you won't completely understand why because you won't have spent the time to do your own research.

In the end, I decided it was better to spend a few months researching what to do, even though I could only spare an hour or two each day, and then do it myself. I consulted with a lawyer to double check my work.

To look at this from a different perspective, the time you saved by hiring the attorney for document prep may have been lost because you got an RFE. If you ultimately end up getting denied because there are other mistakes in your documents, then that $500 isn't going to look like such a good deal anymore.


$500 isn't going to get much of ANY professional's time, particularly if it's supposed to include filing AOS as well. This is a process that needs pro-active real time management, not just document preparation and submission. In any event, you'll have to wait for the actual RFE and then respond accordingly. It's quite possible the delay will be only a couple weeks.
pushbrkMaleChina2010-04-16 11:18:00
K-1 Fiance(e) Visa Process & ProceduresVisa Fraud??

She was "working" as his girlfriend. I think the OP doesn't have an issue and some of you are just dreaming things up. She committed no crime; she obtained a visa and used it. If the other countries have/had a problem with that then they would go after her. As stated, visa "issues" for other countries have no bearing on US visas. And if any of you have EVER driven one mile an hour over the posted speed limit, then you are all criminals, right?

Sheesh.


She would have been assisting in a business venture in one way or another, even if only to accompany her businessman boyfriend to social gatherings with business contacts. IMO, this is a non-issue.
pushbrkMaleChina2010-04-16 09:13:00
K-1 Fiance(e) Visa Process & ProceduresMarried in other country and want apply K1,K3 or just get married...

As someone suggested, at least in the state of California in the USA, there is a way to get divorced if the other person does not agree or will not make themself available. That is, they leave the country.

We can make an attempt to contact them and if they do not respond in some time frame, I believe six months, then you can continue without them. I actually saw a divorce granted in abstentia.


Yes, many if not all US States have such provisions but the OP is not in the USA, her intended next spouse is. She needs a divorce from outside the USA either in Canada or her own country.
pushbrkMaleChina2010-04-15 20:47:00
K-1 Fiance(e) Visa Process & ProceduresMarried in other country and want apply K1,K3 or just get married...

Thank you guys! I really appreciate your opinion.


Just so you know, the answer to your question is NOT a matter of opinion. You're married. Until you're not, you can neither pursue a fiancee visa or marry.
pushbrkMaleChina2010-04-15 18:26:00
K-1 Fiance(e) Visa Process & ProceduresMarried in other country and want apply K1,K3 or just get married...

Hi Guys,
I really have one complicated situation so just would like to see if anyone here had the same problem or what would you do...

I'm from Brazil moved to Canada and got married there but in Brazil I still as "single"
My married didn't work so I left Canada 2 years ago and back to Brazil. My ex-husband is impossible to deal with to get divorce just for you guys have idea last time try get divorce he left Canada and moved to another country so now my lawyer in Canada can't make my dirvoce because anyone of the parts is living in Canada.

Since I back to Brazil I started my life again back to work and now I have relationship with one US American Citizen and we want get married and I would move to US. He always come to Brazil to visit me and I went to US to visit him too, I have tourist visa.

What would happen if I start process K1 , K3 or just get married in US with tourist visa?

In Brazil as I'm single.


Married is married and you ARE married. If, in a USA immigration process, you represent that your previous marriage never happened, that would be a material misrepresentation. The penalty is a lifetime ban from entering the USA. You need to get a divorce before you do anything about a spouse or fiancee visa process.
pushbrkMaleChina2010-04-15 10:55:00
K-1 Fiance(e) Visa Process & ProceduresCredit Score???

You don't need to provide a copy of your credit report at the interview (or at any other stage in the immigration process). The consulate could care less if you pay your bills, only that you earn enough income to guarantee the government that your finacee/wife will not become a puclic charge.

Also - your fiancee's job offer will carry no weight with the consulate that she chose you and not the job. All the consulate is interested in seeing are things that prove an ongoing relationship - so phone records are important, photos are inportant, emails, chat logs, boarding passes, plabe tickets, hotel receipts, ect... Show the consulate that you and your fiancee have continued the relationship, have seen each other, are communicating...

Alan


Nothing "proves" anything about a relationship. What they are looking for is "evidence" of a "bona fide ongoing relationship". As such, you betcha the job offer carries weight on the bona fide side of that issue. They're trying to separate the bona fide relationships from the "fake ongoing relationship".

Credit is not a consideration unless you have an IRS lien and nothing but assets will overcome an income shortfall.

Edited by pushbrk, 17 April 2010 - 09:09 AM.

pushbrkMaleChina2010-04-17 09:08:00
K-1 Fiance(e) Visa Process & ProceduresSecond Interview??

OK.....so I am trying to cover all my bases here....and still wondering about final approval of my fiancee's visa in her interview in Moscow, May 25. IF she is not given a visa as the result of the first interview do we go to the "end of the line" and start over again? Or can we reschedule within a week?
Of course I am very curious but also it greatly affects my airline tickets and my Russian visa!!
If you can help, I would be most appreciative!!


Generally, if the visa is not issued, they'll request additional documents, not schedule a second interview. If there IS a second interview it will be at the Consulate's request. You don't just keep scheduling interviews until you get what you want. Your travel arrangements are of no concern to the Consulate.
pushbrkMaleChina2010-04-17 09:23:00
K-1 Fiance(e) Visa Process & ProceduresUS Naturalized Petitioner

Hi. Does a US Naturalized Petitioner have to use their "A" number on the forms or is it no longer valid?


When forms ask for something, you give it. If not known, write "unknown". You are no longer an alien but your A number is your A number in the same way a person on a student visa might have and SSN. It's theirs for life, even if they leave the USA and never come back.

Edited by pushbrk, 17 April 2010 - 09:21 AM.

pushbrkMaleChina2010-04-17 09:20:00
K-1 Fiance(e) Visa Process & ProceduresShould I Translate Backs of Documents?

I have no idea what it says at all, and neither will the person who reviews your packet, so I'd translate it. I think the idea behind sending copies of the front and back of documents (as well as every single page of your passport) is that the entire document has to be present in order for it to be a true copy of a legal document. If that's the case, then you should translate the entire document. If they weren't interested in what the back says, they wouldn't ask for it in the first place.

My wife's birth certificate had a bunch of stuff on the back certifying that the registrar who signed it was listed in the national identity registry, was an authorized agent of the state, etc. I translated all of it.


The only document where both sides are specifically requested is a US Birth Certificate as some of them have critical information on the back sides. Many don't. A copy of every page of the US passport, is in lieu of a birth certificate and the every page requirement is for a different reason entirely.

I cannot read the backs of these documents but have seen others from Ukraine that only contain an apostille. There is no need to translate an apostille but this doesn't appear to be one. The ones I've seen contain the word "apostille" in the Roman alphabet. Until you know what the back actually says, by somebody reading it for you, you won't know if it needs an official translation or not.

Edited by pushbrk, 15 April 2010 - 01:22 PM.

pushbrkMaleChina2010-04-15 13:19:00
K-1 Fiance(e) Visa Process & ProceduresShould I Translate Backs of Documents?

A couple of the documents I need to get translated have writing on the back. Please see attached files. Should I have these back portions translated too?

Thanks!


It depends on what is on the backs of the documents. If it's just an apostille, no. If it is material to the document itself, yes.
pushbrkMaleChina2010-04-15 10:57:00
K-1 Fiance(e) Visa Process & Proceduresk1 visa

I don't know of any consulate that charges an "interview fee". There is a visa application fee for every applicant. K2 derivative children are also applying for a visa, and also have to pay a visa application fee. My wife also brought two of her kids, and I paid visa application fees for each of them.


This appears to be yet another case of confusing petition with visa application. For K1 and K2, there is one petition filed, so one petition filing fee but each person desiring a visa pays the visa application fee prior to the interview, currently $131 but soon to be $350.
pushbrkMaleChina2010-04-18 10:22:00
K-1 Fiance(e) Visa Process & ProceduresK1 or K3... please help.....

K1 is for a fiancee. If you plan to marry after US entry then this is the correct choice.

CR1 is for a spouse. If you plan to marry in VN this is the proper choice.


In general, yes. However if the daughter is already 18, it would be best to take the K1 route. Otherwise, make your life decision first and then follow the applicable immigration path.

CR1 is the remaining spouse choice in this circumstance because K3 is dead.
pushbrkMaleChina2010-04-18 19:48:00
K-1 Fiance(e) Visa Process & ProceduresLast meeting with fiancee

I applied for a k-1 visa last december and the application has been approved and the interview date is also set. I sent all the necessary documents needed to my fiancee in India, including all the supporting documents with the I-129F. Here's the question:

I visited India once in January, after I applied for the K-1 Visa. However, I have not sent any proof or declaration that I visited India with all the documents I sent to my fiancee for the interview. My question is, will the consulate know at the interview that I had visited recently that I have not declared? Should I declare that and send proof? Will my fiance be asked about it?

Any help is much appreciated.


You didn't apply for a visa. Your fiancee will do so when she turns in the visa applications at the interview. If you wish to declare a visit, do so and provide documentation to go with it, like boarding passes and/or passport stamp copies.
pushbrkMaleChina2010-04-18 14:23:00
K-1 Fiance(e) Visa Process & ProceduresWhich Embassy/Consulate to use?

Thanks!!! Email Sent! :thumbs:


NVC will send the case to the Consulate (with and IV visa unit) that has jurisdiction over the case regardless of what you indicate on the petition but getting it right is always good.
pushbrkMaleChina2010-04-18 21:40:00
K-1 Fiance(e) Visa Process & Proceduresadvice needed please

i want to file for my fiance with the i-129 form who is back home in Nigeria, we used to date years back in high school, about 15 yrs ago and we did keep in touch once in a while after i moved to the US,we lost contact and now we are back together and we want to get married, we love each other.we've been keeping in touch via email, phone and webcam through yahoo and skype...the problem is i have not visited home since i left in 2007 and he has never been to the states since i left due to the fact that plane ticket is very expensive and i cannot afford it... is this going to be a problem with immigration since it says on the i-129 form, we have to have met at least within 2 yrs of filing the form? i need advice please. am a US citizen, was born here but lived part of my life in Nigeria


Not a problem, really, just a complete deal killer. You must have been together in person within the two years preceding the petition filing date. So, plan on filing the petition after your next trip to Nigeria. Be aware that the level of relationship scrutiny increases significantly with the level of fraud commonly experienced at a given consulate. The levels of fraud are.

1. Low
2. Medium
3. High
4. Lagos
pushbrkMaleChina2010-04-18 21:55:00
K-1 Fiance(e) Visa Process & ProceduresReturn / Roundtrip ticket for K1 visa

It is not a problem. Basically she would use the first half of the ticket and never check in for the second half of the ticket - and yes, it is interesting that round trip tickets are often cheaper than one way. You can be economical in this case without a problem. If anyone asks about it, just explain that it cost less doing it this way - they'll understand!


See bold above. It is critical that she use the first half of the ticket. Airlines are used to this and do not care a bit how often it happens. It's not a problem at the POE either. You can even make the return date far in the future so that the ticket might actually get used.
pushbrkMaleChina2010-04-17 09:44:00
K-1 Fiance(e) Visa Process & ProceduresDivorce in Thailand

Why would YOU need a divorce in Thailand? You're a US citizen...your divorce would need to be recorded here to make you free to marry, therefore eligible to petition your new fiancee. If your fiancee were married, she would need to obtain a divorce in Thailand before you could file your I-129 petition. Seek out a divorce attorney in your state and file for divorce in the US. Not sure how quickly you will obtain a divorce as that is decided by the divorce laws in your state.


I too have suggested the divorce be obtained in the USA but this is not a requirement. Divorced is divorced. Both he and his wife will be "divorced" no matter whether the divorce is finalized in the US or Thailand. If he is unable to contact his wife, she may not KNOW she's divorced but that's a separate issue.
pushbrkMaleChina2010-04-19 09:40:00
K-1 Fiance(e) Visa Process & ProceduresDivorce in Thailand

:thumbs:
These are exactly the people to use. I used them to get married, but while I was there I noticed they were handling a divorce for another foreigner. Listening to them, it sounded like they knew what they were doing.


If one insists on securing a divorce in Thailand, perhaps so. But a US resident married to a Thai, can simply divorce them in the USA. Married is Married and divorced is divorced. Without physically serving papers to the foreign spouse, things are a bit more complicated, so not a do it yourself deal but a family law attorney in the US will know what to do.
pushbrkMaleChina2010-04-19 09:15:00
K-1 Fiance(e) Visa Process & ProceduresAnother I-129F Package Question

OK -- everything is almost ready to go -- really hope to mail it off tomorrow ! ! !

VJ Guide Instructions for K-1 state in a couple places to make 4 copies of the "biographic information" page, which is basically the whole G-325A, to include in the package.

The forms themselves don't state this, and I'm wondering what the reason is for making four copies to include in the package? I guess I'm just a curious George about this ! Do you put all 4 copies together, is it 4 + the original, or stick the extras at the end?? I'm been up half the night working on this and am tired, but these are my questions ! ;-)

Thanks for the help,
Doug


The new form is a single page and many have reported success including only the one original of the signed G325a for each person.
pushbrkMaleChina2010-04-18 15:06:00
K-1 Fiance(e) Visa Process & ProceduresHoping to figure out the best way...

Hi. I am unsure if this is where to place this topic but none of the other forums seemed appropriate. Do let me know if it may benefit in a different forum so as to help me get the information I am hoping to find.
I am a Canadian Citizen who has been engaged to an American citizen for a year now. We visit each other back and forth on a bi-weekly basis. It has become more complex since we discovered I became pregnant and we certainly had hoped to move things along a little faster then expected when we first got engaged. A month following the news he became laid off and has not been able to find a new job yet, throwing the visa process out the window as he can't technically prove ability to support me on unemployment funding (or so we assume). When it rains it pours?
We have discussed the possibility of marrying on one of our visits so at least the child can be born in wedlock. I would still remain in Canada, we certainly are not wanting to do anything illegal here. What I wonder is if we were to do that would it only worsen our situation or would it help? Ideally I would love to see us together as a family as soon as possible but time continues to show that this may not happen... The least amount of time apart from each other would be key (especially when our son is born).
Any input would be appreciated, maybe there is an answer for us that we have not thought of. If you know any body who has been in a similar situation, I'd love to hear your stories of success (or what didn't work, if thats the case). The most important thing to me is a happy and heathy family...
Thanks.


Yes, it would seem that marrying on on of your visits would be a good idea. Financial sponsorship doesn't come into the process until about 4 months after filing the petition, so he may find a job by then or a joint sponsor. Study the CR1 guide carefully and since the process starts with the US Citizen, have him study it too.
pushbrkMaleChina2010-04-19 21:19:00
K-1 Fiance(e) Visa Process & Proceduresmy god im worriied!! please someone give me advice!

Hi. My fiancee just got her visa a couple days ago. But regarding the co-sponsor, what Darnell said is correct; its at the discretion of the CO. In my situation, I have no income as I'm in med school still. I had my mother co-sponsor Barbie. At the interview, the CO asked barbie a couple questions about my mother and her job. I did supply my mother's past 3 yrs of W2s and an employment letter from her job as further assurance that barbie would not be a public charge. Hope that eases some of your stress.


Consular officers can be pretty confident med students have bright enough futures to support a spouse. I'm not sure how that compares to locksmith school graduates but every report of a cosponsor being accepted in Manila is a plus.
pushbrkMaleChina2010-04-20 17:14:00
K-1 Fiance(e) Visa Process & Proceduresmy god im worriied!! please someone give me advice!

I think you'll be fine with the house as asset, also cash as asset, when you show the 2009 return.

This can be troublesome, though, as it's the TOTALITY of the affadavit, and supporting docs, that will make the difference when it's adjudicated at the embassy.

If you have some time today, review the instructions and math on the I-864 form, and workup your income/cash/assets computations using THAT math, as that's what the VO in Manila will do.

re: co-sponser on I-134 for Manila - ya, mostly, that's true - but it is AT THE DISCRETION of the VO - so if yer Mum can get something prepped, suggest yer lass have it in hand, just in case. The VO will not ask for it - but yer lass will have to wait for 'sorry, this affadavit of support is not adequate', then slap Mum's down on the counter, state 'here is co-sponser'.


Good Luck !


Since you are primarily self employed, they are likely to consider your "income" as what shows on line 22 of the 2009 tax return. Owning a home free and clear will be a plus but how much of one is totally subjective. The $10,000 cash theoretically makes up for $3,333 in income shortfall but they don't always look at it that way.
pushbrkMaleChina2010-04-20 16:08:00
K-1 Fiance(e) Visa Process & ProceduresK-1- NOA2 approval wait?

Ok, so no need to worry about the Gremlins or the smokers. 180 days is 6 months...If the average wait time for them now according to their website is 5 months from our area...then wouldn't it make sense if the NOA2 was not approved at 4-5 months, an inquiry would/could be made?



I have absolutely no worries that my packet is anything other than perfect. It was double/triple checked, table of contents to help my ####### retentiveness- type organized. I would be SHOCKED if we received an RFE for anything. There is nothing tricky about it for us. He's not from a high fraud country, we have evidence left and right that we've met in both countries, etc etc. Our application is pretty straight forward! :)


See bold above. Of course it would make sense but the actual rule is 30 days past the current published 5 month standard. That's six months or 180 days.

My first point is that you filed a petition. You didn't apply for anything so if you worry, worry about petition approval not and application because there IS NO application yet, just a "petition". The reason I emphasis this is that far too many people here have been interchanging the terms for far too long. It causes a lot of unnecessary confusion.
pushbrkMaleChina2010-04-09 11:10:00
K-1 Fiance(e) Visa Process & ProceduresK-1- NOA2 approval wait?

OK OK OK.

Before you all start lecturing me to be patient, understand that I am very patient about this process. However, as a co-worker of mine put it, "If you didn't have bad luck Jill you wouldn't have any". HA! I of course have been keeping an eye on those who have similar timelines to me, and I am growing a TEENSY tiny bit concerned. There are a few people who applied at the same time as I did (but who are in a different service center), and people who applied a week or so before me in the same service center, and their NOA2's are already approved. I waited the filing time difference and then some, and I still haven't heard anything.

I am not in panic mode YET...

So, my question is, how long should I wait before worrying that something has happened to the application? You know, perhaps it has gone missing....or Gremlins ate it....or an employee was sneaking a late night smoke in the office and dropped his/er cigarette thereby burning only MY application to a crisp...You know, reasonable things that might have happened like those :whistle: LOL .


Since you have no application pending yet, it's far too soon to worry about one. You DID file a petition though, so you can worry as soon as you want about a million things but until it's been over a hundred days from NOA1, there's little reason for concern and until it's been over 180 days, about all you CAN do is worry because no official inquiry can be made until then.

Fortunately, you'll probably get a very quick answer once an actual visa application is submitted.
pushbrkMaleChina2010-04-09 09:54:00
K-1 Fiance(e) Visa Process & ProceduresI am NEW to this.... Looking for HELP

Thank you all VERY much for your comments...

So I would like to clarify 3 things then:

1) In regards to the BIOMETRICS - I did have a little hiccup from my past but I was told this should not affect anything. To make long story short, back in my college days, I got busted for streaking two times in one month... NOT GOOD & STUPID.... I know....

This is the only ding I have on my record and this was almost 20 yrs. ago but I am sure this must be why they requested this extra step... From what I have been told though, this should not get me a denial...

2) Also another question about being unemployed last year...

I did work a little on the side last year and this year as a "1099" but I do not receive a paycheck every 2 weeks...

What can of things will they be looking for when I sit down with them?

I can show bank statements that show about $4000 - $5000 a month being deposited every month but not by a typical payroll check. I can also get a letter from the employer who pays me and I know they will write for me on paper that I have been working for them for the past two years almost and will support the income I show being deposited. So will bank statements be sufficient along with a Letter from my employer? Will they be ok with this? Will they want to see more and dig deeper?

I was told I only need to show I think it was about $25,000 GROSS a yr...

3) Why would my case be transferred to Vermont? They said they have jurisdiction now... Is this a good thing or bad thing?

Thank you all again for your time and support!!! :D


Being transferred to Vermont is generally a good thing. Unless streaking falls under the Adam Walsh act, it would not be a reason for denial. Your income must be "documented" not merely "shown". Faked employer letters are a very bad idea. If you need a job to qualify, get a job. If not, get a qualified cosponsor.
pushbrkMaleChina2010-04-20 10:20:00
K-1 Fiance(e) Visa Process & ProceduresForeign fiancee passport and photo

Visa denial to France will not affect her chances of a family based visa to the USA...

Us has particular passport photo specifications (you can google for the specs)... she/you can do it yourself or she can go and have some taken... chances are that you do not have anything current that is within specification...


She'll also be needing to sign a G325a form and a letter of intent. Start with the K1 guide and I-129F instructions. Study and follow them carefully. She can mail all three items together when they are ready.
pushbrkMaleChina2010-04-19 08:43:00
K-1 Fiance(e) Visa Process & ProceduresCanadian/American Question

Yes, I realize that. I didn't say her medical and interview were both at the embassy...I told her the embassy depends on her address because she's in Canada, where we have two consulates for K1. I realize I mixed up the term embassy and consulte but methinks that really isn't a big deal...


And I'm telling you there is only one US Embassy in Canada. It's in Ottawa. Vancouver and Montreal have "Consulates" not "Embassies". I thought is was just big enough a deal to make the correction. Let's not make THAT a big deal. :thumbs:
pushbrkMaleChina2010-03-25 10:36:00
K-1 Fiance(e) Visa Process & ProceduresCanadian/American Question

Don't forget you need to have a medical done by a panel physician and I think (although am not 100% sure) this has to be done in your own country, IE Canada. I'm not sure where in Canada you'll list your address as (the embassy you go through will depend on your address), but you may be able to work it so you go for your medical and interview within a week or 2 of each other so you don't need to make multiple trips.


K1 visa medicals and interviews are not held at the US Embassy in Canada. They are held either at the Vancouver or Montreal Consulate depending on the applicant's Province of residence. Countries only have one Embassy in any give country and it is in the Capital city.
pushbrkMaleChina2010-03-24 15:31:00
K-1 Fiance(e) Visa Process & ProceduresCanadian/American Question
One critical piece of information and caution to take away from this discussion is that each attempted entry to the USA is considered separately based on the information available at the time. Since you've essentially been "living in" the USA, not "visiting" there's an increasingly significant risk of denied entry with each try. You are in great danger of not only being denied entry the next time but flagged for no entry until you have a K1 or CR1 (spouse) visa. You are already abusing your visitor privileges. There's no telling how long you'll get away with it.
pushbrkMaleChina2010-03-24 10:56:00
K-1 Fiance(e) Visa Process & Procedureswhat do i need notirized

As far as my experience goes, my letter of employment was on company stationary
and signed by the HR officer but was NOT notarized and there was no problem with that.
To confirm it's authenticity all they have to do is call up the HR officer if there are any doubts.


Right, no need for notarizing but employer letters need to be on company letterhead. No need for an employer letter unless the income qualifies.
pushbrkMaleChina2010-04-21 15:51:00
K-1 Fiance(e) Visa Process & ProceduresMy fiance is 19, Can She Apply for K-1

Both of us?


Start with the guides. It will become more clear. Whatever route you take, it is the US Citizen who files the initial petition and has the better frame of reference to understand the procedures and instructions you'll both be reading. Visits will most likely be her visiting Jamaica, not you visiting the USA. Time to start reading far far more than you post.
pushbrkMaleChina2010-04-21 14:15:00
K-1 Fiance(e) Visa Process & ProceduresMy fiance is 19, Can She Apply for K-1

Where did you read that? Regardless, don't always believe everything you read.

A read of the guide and flowchart for the CR1 would be prudent. It doesn't matter what type of wedding you have, so long as it is recognized in the US as a legal union. You can file the I 130 the day after you marry in theory - though you may not have the marriage certificate in hand at that time, which obviously you'd need to prove the marriage.

And no, your wife doesn't have to be there for the consular interview - though some countries are pickier about that than others. You'll want to see what those going through Kingston on CR1s recommend.

http://www.visajourn...tent/i130guide1

http://www.visajourn...wchart_v1-2.pdf

*edited to fix tag*


Right, slow down, relax and study the guide and I-130 instructions and have your fiancee do the same. When you both do your study, read carefully and interpret literally. A question about where you last lived together is just a question. If the answer is that you haven't, so be it. It's quite common in international relationships for newlyweds not to have resided even in the same country yet. When you read "in addition to the required..." interpret the list that follows as simply "not required".
pushbrkMaleChina2010-04-21 10:37:00
K-1 Fiance(e) Visa Process & ProceduresMy fiance is 19, Can She Apply for K-1

My fiance who is 19 is a us citizen, we want to get married but our main goal is to get me into the USA so we can live together.We really love each other and cant afford the traveling. We are looking for the easier way to get this done. So we are wondering if getting the K-1 visa then get married or make she travel to my home country and married her there then let her apply for a green card for me??

What is the best thing for us?If there are any other way please let us know.

We really need some help.Looking forward.
Thank You.


US Citizens cannot apply for K1 visas. They petition for the foreign fiance and when the petition is approved the foreign fiance can apply for a K1 visa. There is no easier way. Make your life decision about marriage, time and place and then follow the immigration path appropriate to that decision, either the K1 for a fiance or CR1 for spouse.
pushbrkMaleChina2010-04-20 20:23:00
K-1 Fiance(e) Visa Process & ProceduresK1 Confusion on Ladies Second Marriage

Hi...I am considering a K1 visa with my girlfriend in Colombia. However, it could get complicated. She did a K1 and married an American about three years ago in the US. They have a daughter together. However, due to an unhealthy home environment, she took her daughter and moved back to Colombia. While in Colombia, the husband at the time divorced her in the US while she and the daughter were in Colombia. This happened about a year and half ago. She never received a green card or anything and currently resides in Colombia.

Has anybody been in this situation before? I assume if I do a K1, the process is the same as if this was her first marriage, correct? Any feedback you can provide would be greatly appreciated.


She'll need a copy of that divorce decree but perhaps more important is to find out if she overstayed her visa. You say she married but didn't adjust status (get a green card). If she did not adjust status and stayed in the USA more than nine months after entry on the K1 visa, she is subject to a three year ban on re-entry. If she stayed more than 15 months, it's a ten year ban.
pushbrkMaleChina2010-04-22 19:25:00
K-1 Fiance(e) Visa Process & ProceduresAddress and Income Questions

Thanks for your help with my previous questions.

We have two new questions that result from my particular situation:

1. Income Requirement: I am at a point in my career life where I am just graduating from law school. I was fortunate to have a position as a summer associate last summer at a major law firm, with a summer salary of $30,000. After graduation and bar passage, I will work from approx. late Aug/early Sept this year for one year as a judicial law clerk for a federal judge, with a salary of approx. $50,000 as well as federal benefits. After the conclusion of my year of clerkship (in Aug/Sept 2011), I will return to the firm where I worked as a summer associate for permanent, full-time employment, with a salary in excess of $145,000/year, again with benefits. I have letters from both the judge and the law firm confirming my employment for the respective time frames. I also have a tax return that shows my income from last year, again, around $30,000. At any given time my bank account shows around $8000-10,000, as well as perhaps $1000 in a savings account and $1200 more in savings bonds. Thus, my income, when viewed across this time frame, will be well above the requirements of the poverty line, but does anyone think that the combination of employment records (limited periods of time following each other) and schooling will present any kind of a problem? It is a normal phenomenon in the legal field to have this type of situation, and in fact is an indication of an extremely successful career to come (alleviating concerns of needing public benefits), but would anyone dealing with our K-1 paperwork need clarification about this?

2. Address: The same situation is causing many shifts in my address. Where I live now (near school) is not where I will live when studying for the bar this summer (different state), then working for the judge from 2010-2011 (different city, same state as school) and it is not where I will live when I finish working for the judge and work for the law firm beginning in fall 2011 (different state from school/judge, same state as where I will study for the bar this summer). We have no idea what to do about listing addresses on the forms -- should I put my current address (near school), the address where I will be living when working for the judge, or what? And what should I put for the address where my fiancee will be living? If all is approved and she comes while I'm working for the judge, I will have that address, but I don't have any address yet for where we would be living when I am working for the firm. I don't want to put the wrong addresses down but don't want this to hold up the process if there is an easy answer.

Thanks!!!!!!!!


All this is good information but at the time you execute the I-134, you'll be asked to state your current income. That's the key answer and the most important thing to document.
pushbrkMaleChina2010-04-20 11:53:00
K-1 Fiance(e) Visa Process & ProceduresNeed your help!

Well it worked for me.
So thanks for continuously putting words in my mouth and correcting MY experiences...
Geez.

Thought this was a place to share experiences to help one another.
I'm just getting annoyed now.


People who post without the proper understanding of the issues at hand are often annoyed when corrected. I suggest you read and learn, so next time you get it right. Every situation is different but there's no reason to think that strong ties is going to assure an I-94 expiration later than the date on the return ticket.
pushbrkMaleChina2010-04-22 10:42:00
K-1 Fiance(e) Visa Process & ProceduresWho suppose to fill form I-134 if you are using a co-sponsor

For the CR1 spouse petition (form I-130 petition) the I-864 is used, not the I-134. The I-134 is used in conjunction with the K3 (I-129F) spouse petition.

Both the USC petitioner and the co-sponsor would file the same type form (I-134 or I-864). Each one completes their own form and includes all needed supporting documents.

:thumbs:
pushbrkMaleChina2010-04-24 13:50:00
K-1 Fiance(e) Visa Process & ProceduresImmigration Reform

Well for the record the President has required congress to pass every single piece of legislation yet and hasn't passed any 'executive order' since taking oath. Not sure where you get your infomation from.


Tell Bart Stupak, Obama didn't sign (you sign, not pass an executive order) any executive orders.

Anyway, this is all pretty much useless speculation. Any immigration reform that smells even the least bit like amnesty is a toxic issue at this time and highly unlikely to move forward by law OR executive order in the current political climate. I WOULD expect some fairly quick action in 2013 if Obama is re-elected though.
pushbrkMaleChina2010-04-24 11:09:00