ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresI-129f's HARDSHIP of meeting in person request?

Assuming you start in Miami (based on earlier post), a total of eight flights ranging from 1:10 hours to 5:00 hours in length. Total trip time of about 81 hours with a night spent in Copenhagen and potentially a short night at a hotel in Dubai.

Depart Date: Apr 01, 2010
From: Miami, FL, USA
To: Boston, MA, USA
American Airlines (AA) Flight 1926
Depart: 3:55p - Miami International Apt
Arrive: 7:05p - Boston Logan International Apt
Airtime = 3:10

Depart Date: Apr 01, 2010
From: Boston, MA, USA
To: Reykjavik, Iceland
Icelandair (FI) Flight 630
Depart: 9:30p - Boston Logan International Apt
Arrive: 6:30a - Keflavik International Apt - Reykjavik
Airtime = 5:00

Depart Date: Apr 02, 2010
From: Reykjavik, Iceland
To: Copenhagen, Denmark
Icelandair (FI) Flight 212
Depart: 1:15p - Keflavik International Apt - Reykjavik
Arrive: 6:15p - Copenhagen Kastrup Apt
Airtime = 3:00

Depart Date: Apr 03, 2010
From: Copenhagen, Denmark
To: Istanbul, Turkey
Turkish Airlines (TK) Flight 1784
Depart: 12:10p - Copenhagen Kastrup Apt
Arrive: 4:20p - Istanbul Ataturk Airport
Airtime = 3:10

Depart Date: Apr 03, 2010
From: Istanbul, Turkey
To: Dubai, United Arab Emirates
Emirates (EK) Flight 122
Depart: 7:25p - Istanbul Ataturk Airport
Arrive: 12:40a - Dubai International
Airtime = 4:15

Depart Date: Apr 04, 2010
From: Dubai, United Arab Emirates
To: Mumbai, India
Emirates (EK) Flight 502
Depart: 1:15p - Dubai International
Arrive: 5:35p - Mumbai, India
Airtime = 2:50

Depart Date: Apr 04, 2010
From: Mumbai, India
To: Bangkok, Thailand
Thai Airways International (TG) Flight 318
Depart: 11:35p - Mumbai, India
Arrive: 5:35a - Bangkok Suvarnabhumi International Apt
Airtime = 4:30

Depart Date: Apr 05, 2010
From: Bangkok, Thailand
To: Vientiane, Lao P D R
Thai Airways International (TG) Flight 570
Depart: 11:45a - Bangkok Suvarnabhumi International Apt
Arrive: 12:55p - Vientiane, Lao P D R
Airtime = 1:10


Even better than my suggestion but you must have spent 7 or 8 minutes while I only spent 5. :thumbs:
pushbrkMaleChina2010-03-04 15:51:00
K-1 Fiance(e) Visa Process & ProceduresI-129f's HARDSHIP of meeting in person request?

The option of traveling through Europe. Hmmm. Well considering the shortest duration flight from Miami to London is over 8 hours. I would be still stuck in my seat helpless. Unless anyone know of a shorter Trans-Atantaic flight?


As I mentioned in my initial suggestion of travel through Europe, I said it would not be convenient and would likely be expensive. Of course there are shorter transatlantic flights. For example, Boston to Paris. You might need an itinerary with multiple legs and even an overnight stop. Have a travel agent check out a Miami, Boston, Ponta Delgada, Portugal (PDL), Dubai, New Delhi, Bangkok and onward. You'll find no flights over 4 hours except the BOS to PDL of 4:45. (Possibly need one more stop between Portugal and Dubai and you'll probably want to stop overnight enroute.

Edited by pushbrk, 04 March 2010 - 03:47 PM.

pushbrkMaleChina2010-03-04 15:47:00
K-1 Fiance(e) Visa Process & ProceduresI-129f's HARDSHIP of meeting in person request?

Forgive me if I misinterpret, but your post leaves the impression you think me unawares of sources of information. I may be relatively unknown to you and yours, but in and of itself that should not infer ignorance of immigration matters.

Therefore, as a VJ poster, I have also offered my opinion. I hope that will not be problematic.


For me, your disagreement is not problematic. It's just disagreement. What I find problematic is your insistence on links to case files to support opinions with which you disagree but do not offer same to support your contrary opinions.
pushbrkMaleChina2010-03-04 12:38:00
K-1 Fiance(e) Visa Process & ProceduresI-129f's HARDSHIP of meeting in person request?

Hi USA Joe, I'm really sorry you have such a tough situation to deal with and I really wish you and your fiancee the best.
Just echoing or maybe enlarging on what Vanessa&Tony said, from my experience working with hemiplegics, there is a nifty thing called a condom catheter which is not invasive at all, and funnels right into a leg bag. I can understand your physical concerns in that area and I think you should really discuss it with a doctor or physical therapist / occupational therapist to assess the situation. That way they can either help you come up with a solution or write a letter for you that you could use proving that you cannot do it. Personally, I would not send a client that far without a caregiver to assist with their physical needs. It sounds expensive, but personally I can't picture asking the stewardess for help either, and you would probably be much more comfortable having someone to assist you.
Actually, you made me curious so I found this forum: http://www.apparelyz...hp?showforum=19

Here's a thread about long plane rides: http://www.apparelyz...showtopic=12419
Interesting comments on wheelchair accessible toilets: http://www.apparelyz...?showtopic=6058

The USCIS is not known for being particularly caring or helpful, which is why most people here will advise not to try to get that waiver. If you are not pressed for money, I would probably have her apply for a tourist visa to come to the US, or start considering your options for traveling. Once you have used up those options and any other nearby options for both of you to travel to, that's when a waiver would start to be a possibility.

You obviously are a brave and hard-working person as you have flown before, and I think you will have the strength to work through your options.


All good advice but for the Laotian fiancee to apply for a visitor visa to the US would be the last thing I would do before asking for the waiver, as it is the least likely solution to succeed. There do seem to be ways to meet, actually several. I would research and pick one. They may be expensive but all the options are going to be expensive anyway.
pushbrkMaleChina2010-03-04 01:09:00
K-1 Fiance(e) Visa Process & ProceduresI-129f's HARDSHIP of meeting in person request?

That is not really the point, right? If one puts forth that there will be a hurdle to face on the consular level, one would think there is anecdotal evidence to support it rather than just supposing.


Anecdotal evidence often doesn't have links. I assure you that we all are confident about many things about which we will make assertions, to which we cannot provide a URL, so it's really a straw man. Unless there's some reason to believe ANY specific circumstance MUST BE overlooked, we can conclude it WILL BE considered. A reasonable person who puts aside their political correctness for a moment, something Consular Officers clearly do, will come to the same conclusion, IMO. Yes, my experience includes anecdotal evidence regarding the instant circumstance and there's no URL reference for the evidence.

Edited by pushbrk, 03 March 2010 - 10:09 PM.

pushbrkMaleChina2010-03-03 22:08:00
K-1 Fiance(e) Visa Process & ProceduresI-129f's HARDSHIP of meeting in person request?

As I said to Ahn Map, it would be worthwhile to see case-file proof which sets the bar higher for proof of relationship for a disabled USC petitioner than would be required for one not so afflicted.

Is it to be automatically assumed a disabled person is shopping for a caregiver?

Are you or Ahn Map willing to offer us any, or are we simply to believe conjecture?


If we are limited to offering opinions that must be backed up by case file data, there will be little help here for participants. Do you have a reference to indicate that disabilities are not to be considered as part of the totality of circumstances? I think not.
pushbrkMaleChina2010-03-03 21:05:00
K-1 Fiance(e) Visa Process & ProceduresI-129f's HARDSHIP of meeting in person request?

This comment strikes me as rather needless and unkind.

Unless you can show us case files which prove it.


I agree with the comment and find that it was delivered considerately. I even virtually echoed it a moment ago. Consular officers are required to consider the totality of circumstances and Laos is a high fraud area. The OP should be prepared for what is to come. Some of it will not be pleasant or welcome.
pushbrkMaleChina2010-03-03 20:52:00
K-1 Fiance(e) Visa Process & ProceduresI-129f's HARDSHIP of meeting in person request?
The standard tends to be an insurmountable hardship remaining after all avenues of meeting in person in a third country are exhausted, not simply a hardship one is unwilling to bear. For what it's worth, most of us have had to bear a hardship to get our loved ones to the USA, hardships we decided were worth it, regardless. Your hardship may well be above and beyond but USCIS will use the "cannot" not the "will not" standard in granting such a waiver.

For example, you might consider flying multiple legs through Europe to the Med etc. to avoid long flights. It's expensive and inconvenient but ultimately doable.

When you do meet, plan to stay a while because you will receive intense scrutiny of your relationship. Time together in person is ALWAYS the best evidence of a bona fide relationship.

Edited by pushbrk, 03 March 2010 - 08:49 PM.

pushbrkMaleChina2010-03-03 20:45:00
K-1 Fiance(e) Visa Process & ProceduresHi, I need some help

if i were to just go and visit for the maximum of 6 months i wouldn't be able to work legally would I? How or what do I apply for to be able to work and live in the U.S?


Join the club. Visa Journey is full of members in international relationships. It isn't easy but Canadians tend to have it easier overall because they can usually freely visit before and during the process. You don't get to work in the USA without authorization and are not going to get authorization until after you go through the appropriate fiance or spouse visa process. If working right away is a priority, forget the fiance visa route. You'll be here at least three months after marriage, plus the time between entry and marriage before you obtain authorization to work. The CR1 spouse visa has you entering fully work authorized.

Start with the CR1 guide and remember, the process starts after her divorce and your marriage.
pushbrkMaleChina2010-03-13 09:34:00
K-1 Fiance(e) Visa Process & ProceduresK1 Questions
You cannot extend K1 visa validity. Normal advance parole takes three months from AOS filing after marriage but you'll need to use this for relatively short trips while waiting for the AOS interview.
pushbrkMaleChina2010-03-14 11:35:00
K-1 Fiance(e) Visa Process & ProceduresQuebec consulate instead of Montreal consulate?

Hello everyone!
I was looking at the embassy info on here, and was a little freaked to find out the waiting time at the Montreal embassy for an interview.
I was wondering if any of you knew if one can change the embassy they will be dealing with. I live right in the middle of Quebec city and Montreal, and if I can spare some waiting time, I would rather go through the Quebec consulate.
Also, if anyone is dealing with the Montreal consulate right now, is the waiting time THAT long?

Thanks again for your time ya'll!


Another way to look at it is that waiting time for a K1 visa interview in Quebec is far longer than in Montreal because it's forever. There are no K1 or other family based visa interviews in Quebec.

The US Embassy in Canada is in Ottawa. Montreal has a Consulate.

Edited by pushbrk, 14 March 2010 - 12:01 PM.

pushbrkMaleChina2010-03-14 12:00:00
K-1 Fiance(e) Visa Process & ProceduresIMBRA

push - there is another documentation requirement in the IMBRA regs - that DOES cover disclosure and compliance from a web site. IMO, chnlove provides this disclosure, but I sense it's on a case-by-case basis, and must be ASKED FOR, as well.


I'm aware of the IMB disclosure requirements. I'm also aware they aren't being enforced. Have you seen anything to indicate otherwise?
pushbrkMaleChina2010-03-15 15:33:00
K-1 Fiance(e) Visa Process & ProceduresIMBRA

OK, I was just able to confirm that chnlove is considered an IMB.
And I have confirmed that they are in compliance.
I have copied a bit of the information from their web site and pasted below for anyone else to see have these same questions.




Of course, Chnlove complies with this law.

As a legal business, Chnlove serves clients from all over the world. It is our principles that we comply with any local, state, national or international law or regulation applicable.

So, you can set your hearts at ease as our operation complies with this new U.S. Law, and we have made smooth adjustment for both U.S. Clients and the female ladies from China and Asia.

On our U.S. clients' side:
We have an advanced mechanism in place and you will need to fill in the electronic disclosure form only ONCE before you communicate with ladies of our site. Every time you want to contact a new lady, your personal disclosure form will be translated into the lady's native language (Chinese or Thai) and delivered to her through our service provider which the lady comes from. When the lady agrees and signs for approval, you can view her address or start communication through our EMF service.

On our ladies' side:
Ladies will need to sign the personal disclosure form provided by a U.S. client who is interested in contacting her. They are real persons coming from our service providers, so it is easy for them to obtain the translation version of your release form and sign it personally. Please rest assured that your communication with your favorite lady will NOT be affected.


The above is nothing but a BS answer. IMO, they are not an IMB. Again, it doesn't matter if they are compliant. If you have an applicable criminal record causing you to answer YES to any of the criminal questions, you'll supply the records anyway to comply with IMBRA. No criminal record, no problem. Again, again, again, nobody is checking to see if IMB's are compliant beyond making sure the beneficiary is informed about any applicable criminal records.
pushbrkMaleChina2010-03-15 00:27:00
K-1 Fiance(e) Visa Process & ProceduresIMBRA

Hi All,

I am also new to this web site.
Thanks for the patience.

Now, I am on my third visit to China to see my now fiance.
Last week I proposed and she accepted.
So,the past two days I have been doing research regarding the I-129F application and related documents.
Just about everythinng seems clear expect one question.
From all the research I've done I do think the service I used to contact my fiance would be considered a IMB.
However, if I answer yest to question 19 then I expect the interviewing officer will question her details to see if the IMB is in compliance.

I do not have any criminal records or history.

The service I registered to is chnlove.
I also understand this is really a hub portal service for several much smaller agencies.

Does anyone have experience answering YES to question 19?

Thanks


I've never seen any reports of it making any difference at all how you answer the IMB question. The enforcement is related to assuring that if there ARE applicable criminal records, they are submitted and the beneficiary is aware of them. This is at most. Making sure needed records are submitted before petition approval is pretty consistent. Asking the beneficiary if they are aware of the criminal record is more spotty.

In light of this, I doubt your poll question will make any sense to many.

Make sure you read the exceptions before you conclude you used an IMB. Dating websites are NOT IMB's.

Edited by pushbrk, 14 March 2010 - 08:10 PM.

pushbrkMaleChina2010-03-14 20:08:00
K-1 Fiance(e) Visa Process & ProceduresDS-160 Question about being refused entry to USA in the past

Hi,
I'm filling out my DS-160 form and am concerned about a question regarding being refused entry to the USA. This is the question:

Have you ever been refused a U.S. Visa, been refused admission to the United States or withdrawn your application for admission at the point of entry?

In my situation, I visited a friend in the USA when I was a student. I told the border guard that I was going to the USA to visit a friend and also that I wanted to volunteer at a film company (both of which were true!). I was told that I couldn't get on the plane without proving that I had enough money to support myself for the duration of my trip and that I had ties to Canada. I also had to get a letter from the company I was volunteering with outlining what I was going to do and the border guards would determine if this was ok.

I decided not to go through with the volunteer position. I brought my financial info and proof that I have strong ties to Canada and was admitted the next day with no issues.

My question is, should I answer "yes" to this question and explain my situation in the box they provide? Does my situation qualify as being "refused" or is it more like "delayed"?

If anyone else has been delayed at the border for similar reasons, please let me know how you filled out this question. Any help is greatly appreciated!!


You were refused entry. Answer yes and explain.
pushbrkMaleChina2010-03-14 14:40:00
K-1 Fiance(e) Visa Process & ProceduresI-129f question 18 help

Apologies for hijacking the original posters thread, but it reminds me of a question of my own. My plan for qeustion 18 is to just reference an attached time line of our relationship. The time line in turn documents all of our trips to visit each other (there have been several and in each direction) and includes evidence (boarding passes, hotel receipts) for the most recent trip. I realize that I'm providing more information than the question really asks for, but is this a bad thing? My impression is that this is what most people do (I think the term I've heard here is 'frontloading'). Should this material be somewhere else other than as a response to question 18?

Thanks in advance.

-rs1971


Question 18 is to explain how you meet the requirement for meeting in person during the past two years. Front-loading is about providing evidence of a bona fide relationship. Don't mix or confuse the two.
pushbrkMaleChina2010-03-16 13:14:00
K-1 Fiance(e) Visa Process & ProceduresI-129f question 18 help

Except remove the "In July of 2008" since it doesn't make sense in the sentence, so:

"Marianne and I met online in MyspaceIM in December, 2007. I visited her in the Philippines from October 6,through October 17, 2008 to be with her on her birthday (October 15th). We had a great time together with her family and friends. Sadly, in 2009, I was not able to visit because of on the job training and a deployment to Afghanistan. I visited her on March 4th 2010 to March 18th 2010 and met more of her family members."


Good catch.
pushbrkMaleChina2010-03-16 10:58:00
K-1 Fiance(e) Visa Process & ProceduresI-129f question 18 help

So far for question 18 on the I-129F we have the following written:

Marianne and I met online in MyspaceIM in December, 2007. In July of 2008, I visited her in the Philippines from October 6,through October 17, 2008 to be with her on her birthday (October 15th). We had a great time together with her family and friends. Sadly, in 2009, I was not able to visit because of on the job training and a deployment to Afghanistan. I visited her on March 4th 2010 to March 18th 2010 and met more of her family members.

We will also include the marriage proposal in this but didn't write it in yet. Does this look like it would be acceptable? Any help is appreciated and examples would be great. Thanks


Well yes but if it's too long to fit in the space provided, you could shorten it. If you're filing after the visit, I've edited your statement as I would write it. See bold above.
pushbrkMaleChina2010-03-16 00:41:00
K-1 Fiance(e) Visa Process & ProceduresNational Visa Center

Moving thread from K1 process forum to K1 progress forum.

1.) Yes, you'll receive a letter from the NVC saying they've received the packet and are sending it to the consulate for further processing. In our case, we received that letter after the case had been in London for a few days. So it's not an exact science.

2.) No. Overseas consulates schedule their own interviews (at least for K visas anyway).


If by "you'll" you mean "your attorney will" then 1.) above is correct but not assured. If the OP wants to know for certain, they'll need to call NVC with their case number and speak to a human. No K visa information is available through the automated system.
pushbrkMaleChina2010-03-16 17:02:00
K-1 Fiance(e) Visa Process & ProceduresOptions after withdrawn application for admission

I hope this one isn't too tricky, but I'd appreciate any help.

I am born-Canadian male and my fiancee is born-USC female. We want to get married soon. And I would like to be able to travel to the US from Canada freely so we can live where we wish.

However:

  • I live with my parents and I am self-employed but I don't have a lot of money now so I can't show lots of financial support.

  • I spend extensive time in the US and last year accidentally overstayed my 6 months by several days when I was with my fiancee. Therefore my recent attempt at entry was denied at preclearance ("Application for Admission Withdrawn"). They just said I need to provide finances and ties to Canada on my next visit, what is my status in their system? Will I need an i-601?


What is the best way for us to get married and start a life together?


For a few days overstay you won't need the I-601. It's the US Citizen's finances that matter for the fiance visa process. Looks like she'll need to do the traveling for visits until you have the K1 visa.
pushbrkMaleChina2010-03-12 12:07:00
K-1 Fiance(e) Visa Process & ProceduresK1 after 90 no marriage

How about get married if you guys love each other. File for AOS then think about where you guys want to live. If you choose Sweden it's really nice over there but he will have a harder time to travel to the States if he doesn't get his citzenship. Otherwise if you guys find a place that you both like in the States he can stay legeally here.

Let me tell you our plan for right now is. To get married over here get the AOS stay until she can get her citzenship and if we want to choose moving back to Europe then we will but we will both have duel citzenship as I'm from Poland and so she is too. However I can't move there right now as I have a really good job here but both of our plans include Europe for retirement so sooner or later we may end up there, but that is just our plan and it really depends on her if she likes the States a lot to stay here for life. My parents and brother live in England and the rest of our families are in Poland.


Adjusting status results in Legal Permanent Residence, not Citizenship. My wife will probably never become a US Citizen. LPR's (green card holders) who maintain permanent resident status in the USA have no difficulty entering the USA.
pushbrkMaleChina2010-03-16 11:21:00
K-1 Fiance(e) Visa Process & Proceduresneed help on the last step of the I-129F

I need some help answering a few questions I have.
1. In the last section of the guide HERE , where it says what to send to your fiance, do I really have to send an entire copy of my I-129F packet?
2. My fiance had her vaccinations at a young age, she had her vaccination card, but from bad weather and other issues....the card was either destroyed or lost. She can't get a new and updated card...will she be needing the card during the medical exam or can they run tests to see if she's actually vaccinated?

Your feedback is definitely appreciated. Thank you.


The purpose of the complete copy for the beneficiary is primarily for their study. They need to know what has been filed and the information about YOU in what has been filed. They are unlikely to "NEED" the copy for anything else but it's good insurance.
pushbrkMaleChina2010-03-16 09:13:00
K-1 Fiance(e) Visa Process & ProceduresDivorce Decree or Divorce Cert

If it doesn't say "absolute decree" count on an RFE...


This is country and/or State specific. Most US divorce decrees do not contain the word "absolute". Massachusetts and perhaps other "Commonwealths" use that terminology.
pushbrkMaleChina2010-03-16 16:57:00
K-1 Fiance(e) Visa Process & ProceduresDivorce Decree or Divorce Cert

It's not always multiple pages, before anyone panics :D UK divorces decree absolutes are a single page, printed on bog-standard printing paper with a large red inked court stamp on them. Baffling really, considering a good scanner could easily reproduce something that you'd be hard pushed to tell the difference between the scan and the original...


The seal from the government agency is the key.

It's commonly called a certified copy of divorce decree.

Edited by pushbrk, 16 March 2010 - 02:58 PM.

pushbrkMaleChina2010-03-16 14:58:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support not sent before the interview - Is it possible to receive a visa anyway?

I remember hearing/reading that - wasn't aware it was still common in some places (especially the part about not needing an actual affidavit of support). It really demonstrates that while the affidavit of support is important (or even required), it isn't always the deal breaker - a lot of other things go into the decision making. I hope it did get approved and the OP will then have time to get things in order before he has to do it for real (stateside). Posted Image


Right, never heard of anybody getting through AOS without a qualified sponsor's I-864.
pushbrkMaleChina2010-03-16 21:05:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support not sent before the interview - Is it possible to receive a visa anyway?

That would be a first from what I've seen if it is true. The Embassy/Consulate didn't give your fiance any kind of paper(s)?

Seems way out of normal to be approved with no affidavit of support. Was your 2009 return (and bank statements) over the minimum? (Is it possible your fiance completed an affidavit 'for you'?)


Some consulates don't use the affidavits for K visas and even some that do, like Guangzhou sometimes don't ask for them during the actual interview. If they told her the visa was approved and to pick it up in a week, you'll have a definite answer in a week.
pushbrkMaleChina2010-03-16 18:35:00
K-1 Fiance(e) Visa Process & Procedurescheck made out to who?

It was just a joke!!! i have read the guides front back and back to front.Just trying to relieve some stress!


Not cool. You wanna relieve some stress, read this.

A shepherd-boy, who watched a flock of sheep near a village, brought out the villagers three or four times by crying out, "Wolf! Wolf!" and when his neighbors came to help him, laughed at them for their pains. The Wolf, however, did truly come at last. The Shepherd-boy, now really alarmed, shouted in an agony of terror: "Pray, do come and help me; the Wolf is killing the sheep"; but no one paid any heed to his cries, nor rendered any assistance. The Wolf, having no cause of fear, at his leisure lacerated or destroyed the whole flock.

Moral

There is no believing a liar, even when he speaks the truth.
pushbrkMaleChina2010-03-17 21:23:00
K-1 Fiance(e) Visa Process & Procedurescheck made out to who?
As has already been indicated, your question indicates you have not yet carefully read the instructions for the I-129F. Doing so before you fill it out, as you assemble the package and once more just before you decide it's ready to mail is going to be absolutely critical to your success. If you do not do this, you'll have no idea what you never thought you might need to know. We're here to answer remaining questions and clarify as needed but reading the instructions and taking the utmost care in everything you do is YOUR job.
pushbrkMaleChina2010-03-17 20:29:00
K-1 Fiance(e) Visa Process & ProceduresRFE Dissolution of Previous Marriage

Hope someome can help here as we're a bit lost!

We've received a RFE relating to dissolution of our previous marriages. For both myself and my fiance, the RFE asks that we provide evidence of the divorce documents being civilly filed.

When making our application, we provided a notice of entry of judgement which was endorsed and filed by a court clerk for my divorce in the US, and we provided a copy of the decree absolute which was stamped by the county court for my fiance's divorce in the UK.

We have been through our paperwork again and have found a further document relating to my divorce which is very similar to the first, but does actually state that the judgement of dissolution has been entered. This document is also endorsed and filed by a court clerk in the US. However, my fiance has no further paperwork relating to her divorce other than the one already provided. She has even checked with her ex-husband and he has no other paperwork relating to the divorce other than what she has. She has a letter from her attorney which was sent with the document stating that this is an important document which she should keep safe because it would be needed in the future if she decided to remarry.

We have rung the USCIS and spoke with the customer services department. They suggested in the first instance that we should employ an immigration attorney. This isn't an option for us as we're both in the UK at present ... UK attorneys deal with immigration to the UK, not emmigration to the US. When we explained this, they suggested that we send the additional paperwork we have relating to my divorce together with the covering letter my fiance has from her attorney explaining the importance of the document already sent as part of the immigration application. They also suggested that we enclose a covering letter explaining that we have no further paperwork other than that supplied.

Ultimately, they advised that the decision about whether this would be sufficient is down to the officer assessing our case and that we would just have to 'give it another try'. They couldn't offer us any reassurance that sending the addtional information would satisfy the person assessing our case. We have already had delays in our application process due to an unexplained and extended period between the submission of our application and the USCIS' receipt of it, and a further delay between an email saying they were requesting further evidence and our actual receipt of it. We would much rather know if what we are sending is likely to be what they are looking for rather than just risking it and having to suffer more delays if this is not the case.

This is incredibly frustrating and very very stressful :(. Has anyone else been through something similar - has anyone any advice they can offer us please - we would be most grateful. Many thanks in advance.


What is the exact wording of the RFE?

In which US State(s) were any or all US Divorces granted?
pushbrkMaleChina2010-03-17 18:11:00
K-1 Fiance(e) Visa Process & ProceduresBirth Certificate

maybe this is a dumb question... I want to bring my finance and her child here, they are from Mexico. DO I have to send a copy of their birth certificates with the I-294? At what point do they need to be translated and for whom? before the interview?


Birth certificates for beneficiaries aren't needed until the interview. Never heard of an I-294. For a fiancee, you file an I-129F Petition to begin the process.
pushbrkMaleChina2010-03-18 00:20:00
K-1 Fiance(e) Visa Process & ProceduresCancelling K1 approved petition

I don't know how much time you think you'll need, but you may be able to buy enough time without having to cancel anything. The consulate will usually extend the validity of the approved petition, often for as long as a year. If that sounds like it might be enough time, then email the consulate and ask them about it. Often, the only thing that's required is that you inform them that you do intend to submit a visa application at some point. They may require you to reaffirm your intentions periodically. Once you submit the visa application, you usually have a month or two before the interview. Once the visa is issued, you have a further 6 months to actually use the visa to travel to the US.

So, in all, you might be able to postpone your arrival in the US for up to 20 months, depending on the consulate.

If you don't submit a visa application to the consulate then the petition will eventually expire on it's own. If you notify the consulate that you don't intend to submit a visa application, then the petition will expire 4 months after it was approved. Notifying them should prevent them from automatically extending the approval of the petition. Your fiance could also cancel the petition by notifying USCIS and the consulate (I think a notarized letter is required). However, this shouldn't be necessary.

A canceled or expired K1 petition should normally not affect your future ability to visit the US.


All correct. I wouldn't take any action to withdraw the petition. Best to keep your options open until you've decided for certain what to do.
pushbrkMaleChina2010-03-17 01:12:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Visa Vs. Visitation/Sponsored Visa
My advice is for your boyfriend to join Visa Journey and study the K1 guide. He can file the petition after he travels to the PI to meet you in person. If his health delays his trip, so be it.
pushbrkMaleChina2010-03-15 10:39:00
K-1 Fiance(e) Visa Process & ProceduresHeaded to Juarez soon. Survival tips? Multiple questions about going to Juarez for K3 Visa

Hi,

I'm an American citizen, my wife is Mexican. We were married in Mexico in July 2009. We applied for a K3 visa, and have had both our I-130 and I-129F's approved. The case has now passed to the NVC, I have paid the fees and I am waiting for them to send me the next step. As many of you know, this requires a lot of patience.

So, my first question is, because they approved both petitions, is the visa we are pursuing now a permanent visa instead of a K3 visa?

My other question is, since I am headed to Juarez soon, I have never been there before, my travels in Mexico have always been in more peaceful parts. What is the safest way for me to get there? Can I fly to El Paso then walk across the border, get a taxi, and ride straight to the hotel? How dangerous will it be for us? Should I head there with extra caution since I am super guero gringo? I really just want to be in the hotel, get to the consolate, do all of the business, and get out of there. The news about the violence that goes on there is somewhat terrifying.

I am also wondering, when my wife goes for her interview, will I also be able to be there with her? I feel like I read somewhere that she has to do it alone.

If anyone has been down this path before, please reach out to me because I am having a lot of anxiety about all of this, I'm very stressed, tell me it will be alright or what to watch out for.

Thank you!


Since you paid fees to NVC, your wife will be interviewing for the CR1 visa which will result in a two-year green card issued and mailed after her US arrival.
pushbrkMaleChina2010-03-18 19:59:00
K-1 Fiance(e) Visa Process & ProceduresPlease help to clear this out

uhmm.. as what i most read here, if the child was born outside marriage then u have the full custody of the child so the embassy might not ask about it... maybe they will ask a little but just tell the truth and i think u will be fine... :thumbs: B-)


This response is correct for Manila but virtually nowhere else. Child custody and permission issues require country specific answers.
pushbrkMaleChina2010-03-19 11:59:00
K-1 Fiance(e) Visa Process & Procedureshow much cash should i bring to the k1 interview in jerusalem?

does it cost 335$ plus 45$ surcharge to turn in the affidavit of support....???

it says:

* Affidavit of support (from the correct category below):

for most IV categories, a complete original I-864 from the petitioner with latest-year 1040, W2
and proof of US citizenship or LPR status,and, as needed, a complete original I-864 from a joint
sponsor with latest-year 1040,W2 and proof of US citizenship or LPR status

for IR2 applicants under the age of 18, a complete original I-864W signed by the petitioner or
applicant over 14 years

for E,K, and SBI applicants, an I-134 from a sponsor with latest-year 1040, W2 and proof of
US citizenship or LPR status

* proof of petitioner's domicile in the US
* High school diploma and/or evidence of work experience (DV visa only)
* Payment of 335$ plus a surcharge of 45$ payable in shekels, in cash or with credit cards
* Additional payment of 375$ is to be paid at the time of interview (DV visa only)
* Birth certificates of all unmarried children who will not immigrate with you at this time.

-----------------------------

so am i a 'K' applicant who has to bring the 335$ plus 45$?? thanks


Note the references to (DV visa only) DV is not K1. The information you are referencing has nothing to do with K1 visas.
pushbrkMaleChina2010-03-19 18:51:00
K-1 Fiance(e) Visa Process & ProceduresCanadian inadmissible to US and engaged to an American!

If you want to marry someone that is a liar and has a ban because of previous lying and fraud he would have to request a waiver. If the waiver is granted he can then come here and promise to love, honor and cherish you the rest of his life.

The experienced people at DHS tend to take a dim view of such promises from people that have demostrated clear contempt for laws, rules, promises etc.


So then you don't think they'll think of this lying about working as pretty much the same as lying about sex? Probably not, huh?
pushbrkMaleChina2010-03-18 16:24:00
K-1 Fiance(e) Visa Process & ProceduresCanadian inadmissible to US and engaged to an American!

It sounds like the only thing they're holding against him is the fact that he misrepresented himself, and not the fact that he worked illegally in the US. The INA doesn't specifically state how long a person is banned for misrepresentation. It only says that such a person is inadmissible. Section 235, which they mentioned, only describes that the CBP officer has the discretion to deny them entry or have them removed from the US. It's pretty much up to the discretion of DHS how long he is banned.

You can petition for a visa. Your petition will probably be approved, but his visa will be denied at the interview. You can submit an application for a waiver of the ban, but you must prove extreme hardship. These waivers can be tough to get. A good immigration lawyer with extensive experience with these sort of waivers is highly recommended.


In short, you have a tough road. Unless there really is a severe hardship, having a life together in Canada may be your most viable option for anytime soon.
pushbrkMaleChina2010-03-18 10:10:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa Interview

However, if there are no plans to bring the child I don't know why you would include them on your petition if you're not planning on petitioning them - seems to make logical sense.



You mention it because the I-129F asks you to "13. List all children of your alien fiancé(e) (if any)". Notice there are no questions on the petition about whether there are plans for the child to come to the USA.
pushbrkMaleChina2010-02-22 10:01:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa Interview

I didn't name the child because I dont want him to come to the U.S.I dont want him or his dad in my life.


So, then what else did you not tell the truth about? The question is rhetorical but this is what the Consular officer is likely to think. The petition asks a question to be answered by the US Citizen petitioner. It is a clear question saying, "13. List all children of your alien fiancé(e) (if any)". He listed no children. The consular officer will wonder if you neglected to mention the child to your fiance, conspired with him to withhold information or simply misunderstood the question. Be ready with a truthful explanation for this and anything else they ask, since you already put up a big red flag saying, I'm not concerned about accuracy or truth.
pushbrkMaleChina2010-02-22 09:58:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa Interview

Please I need someone to answer this question.
I filed I 129 for my fiancee withouth including her 10 year old son on it.She plans on including his name on ythe form she is taking with her to the embassy,will this be grounds for denial?


No but it's not a good sign. The petition asked you to list all the beneficiary's children and you didn't. What other errors did you make? What else about your case is short of truthful? You're going through THE highest fraud Consulate in the world.
pushbrkMaleChina2010-02-21 23:11:00