ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresI-134 Annual Income

Instead of starting a new topic, I will ask on this one...

My US Fianceé is a teacher. She has been employed full time since August 2011. We have all her pay stubs, letter from employer and her tax transcripts.

We'll be ok, right...?!


If you survive the severe punishment for hijacking this thread, I'll think you'll be OK unless she has half a dozen or more kids of her own.Posted Image



pushbrkMaleChina2012-02-29 07:20:00
K-1 Fiance(e) Visa Process & ProceduresI-134 Annual Income

Hi everyone,

I just have to say VJ and every single person who has posted or answered a question is awsome. I almost considered hiring a lawyer!


My questions is,

I graduated with my masters in Dec 2011. Prior to this, I was a full time student; I held a research position that paid a small stipend (Jan-April). I also had a grant to do research and write my thesis. This means I dont really have a true income for 2011.

I have been working full-time (and overtime) at a temp job since the beginning of 2012. With my base rate, I will be making about $18,720 (with the overtime, I'll make about $25,000). I live with family and don't pay rent.

Is 18,720 gross income enough to convince the embassy (of Ghana)?
How do I explain my scenario?


I would forget the Employer letter mentioned as it would probably indicate just an hourly rate, which when annualized, would be less than what you're actually making. Best way, IMO to show accurate current income is by using a recent pay stub with your YTD gross earnings showing. For instance, if it shows three months of pay and you've earned $6,000 in those three months, then your current earnings are $24,000 a year. Just divide by the number of pay periods included in the stub and then multiply by the number of pay periods in a full year. Fortunately, the I-134 doesn't request any information about past income but it IS a good idea to present at least one complete tax return to go with your actual evidence of "current" income. You could also include a C/V and College Diploma etc. to show you're just getting started but have good prospects. If your calculation doesn't end up being at least a couple thousand over the minimum, I would line up a cosponsor.



pushbrkMaleChina2012-02-29 06:14:00
K-1 Fiance(e) Visa Process & ProceduresRFE - Circumstances of Meeting

Hello All

So we got an RFE for Circumstance of Meeting. I am a little bit concerned because I was under the impression I had already sent in everything I had. My fiance is in Iran and I have gone there twice to see her, sent in pictures and flight itinerary. I am going to resend all that I previously sent but what more could they want? My fiance was already in her home country to begin with so what other documents could I prepare for my RFE that would be applicable? Any suggestions would be appreciated.

Thanks!


Read your RFE carefully. It explains what they consider primary evidence of meeting. Nothing you mention above is primary evidence. Flight itineraries are not evidence of travel. Photos are secondary evidence. At least one piece of primary evidence is needed. What do you have?
pushbrkMaleChina2012-02-20 02:24:00
K-1 Fiance(e) Visa Process & ProceduresDoes the same person have to fill put I-134 as I-864???

My fiance (US) is still in school right now and working part time. She doesn't earn enough so we need a co-sponser for the I-134. By the time I have moved she will have been in full time employment for a few months, therefore when we do AOS and fill out the I-864 she will be earning enough income. Will the co-sponser have to file the I-864 as well?

In terms of the I-134, how long would my fiance have to be earning above the threshhold for to fill out the form. She will start full time work in April, my interview won't be until after the summer/.


Sounds to me like there's no need for a cosponsor for either affidavit but certainly by the time you file AOS, there will be no need. Think of the two events as totally separate.



pushbrkMaleChina2012-03-02 08:05:00
K-1 Fiance(e) Visa Process & ProceduresPolice report not clean, should I worry?????
Just to be clear, the petition stage asks not questions about the foreigner's criminal record. It's later when competing and signing visa applications like the DS156 an/or DS230 where these questions are asked. I does NOT matter who fills out ANY forms, so if the USC filled out the visa applications without asking the questions about the past on the forms, that's "foolish". Where it becomes a real issue is when the foreigner signs those forms with false answers. It opens the door to a legitimate finding of material misrepresentation which if found and upheld, can result in a lifetime ban from entering the USA.

The standard for the finding and penalty are pretty high, but the door is definitely open if these questions were incorrectly answered on a signed visa application.
pushbrkMaleChina2012-03-03 22:38:00
K-1 Fiance(e) Visa Process & ProceduresPolice report not clean, should I worry?????

I believe he disclosed this on his forms if indeed he was required to...


If he did not, then that's a separate very serious issue.



pushbrkMaleChina2012-03-02 17:35:00
K-1 Fiance(e) Visa Process & ProceduresPolice report not clean, should I worry?????

No they don't know him or me, but I called them and they send letters for support for our case


Don't expect those letters to bear any weight in evaluating his criminal record. They don't know him. It will be what it will be. You provide the police report and see what they say.



pushbrkMaleChina2012-03-02 16:38:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa - Co-sponsor

Hi All

There seems to be very little info out there re co-sponsors. My situation is that once we submitted out initial application back in July 2011, my fiancé unfortunately lost his job (due to the company shutting down) He has been looking for work ever since. Inverview is next week on London. My fiancé's father is going to be our co-sponsor (and is well above the povery line)but does my fiancé still need to fill out the I-134 form even though he can't really fill out all the boxes??

Any advice would be appreciated.

Thanks :thumbs:


Yes, but he CAN fill out all the boxes. Some may contain words like NONE and numbers like 0 but he can definitely fill it out.



pushbrkMaleChina2012-03-01 09:23:00
K-1 Fiance(e) Visa Process & ProceduresCan i use her drivers licence

she sd she misplaced her birth certificate all along she thought she had it. there's nothing i can do about that. i have done some researched and this problem is considered solved. i will say make sure you have full knowledge when responding to a question.


I didn't respond previously but can assure you I have full knowledge of what is needed as evidence of eligibility to act as a sponsor for a K1 visa. Your sponsor will need to provide either a photocopy of a certified copy of birth certificate or a photocopy of the data page of a their US passport. There is no OTHER way to "solve" this problem. One cannot obtain a passport without the birth certificate, so the solution is to obtain a new certified copy of birth certificate. Start now. The visa won't be issued until the Consular officer sees the evidence needed.



pushbrkMaleChina2012-03-04 13:26:00
K-1 Fiance(e) Visa Process & Proceduresaffidavit of support, gross or net?

thats the norm in the US. 18 and adult paying their own taxes.


What is the norm or not, is not the issue. Expect the I-864 standards to be applied, which are than you count a child under 21 no matter where they live.

"Income" can be thought of or defined in many ways. In the context of an affidavit of support, it is defined in ONE and only ONE way for a self employed person, and that is that "current income" is the number of dollars that appears on line 22 of the 1040 form for the most recent tax year.

It makes things more clear to understand the difference between business "revenue" and "income". Income is revenue minus expenses. To call it income minus expenses or net income is both inaccurate and confusing. Net income would not appear on a tax return, as it would be derived from subtracting (at minimum) TAXES, from the line 22 number.

Revenue "comes in" but is not properly referred to as "income".


pushbrkMaleChina2011-11-13 09:16:00
K-1 Fiance(e) Visa Process & Proceduresaffidavit of support, gross or net?

Thanks guys...idk why I was thinking net. I gross 29k but after taxes and deductions it brings my net down. My son doesn't live with me but we take turns every other year claiming him on our taxes. Do I still need to put him as a dependent because last year I claimed him? Or partial dependent on I-134 form? Thanks again for any answers.


Yes, children under 21 are counted no matter where they live. This is from the I-864 (not I-134) instructions but Consular officers tend to use the I-864 standards for their judgment calls, since you'll soon be needing to meet that standard when the then spouse adjusts status.



pushbrkMaleChina2011-11-12 11:27:00
K-1 Fiance(e) Visa Process & ProceduresPOE with over $10,000

My POE is early morning on Monday. I just remembered today that if you're carrying over $10,000 into the US you need to declare it. There's no one at the bank tomorrow to do a wire transfer for me, but I do have a cashier's check to myself for over $10,000. What form do I have to fill out when I get to customs? Is it the F4790? And has anyone carried over 10k with them at POE and what kind of troubles have you experienced? Stupid me, I forgot all about this. Grr...


Declare it. You are not committing a crime. If the reason is that you are immigrating to the USA and bringing your money with you, that's just fine. No issue if you declare and answer any questions honestly. Your K1 visa will be all the evidence you need that you are immigrating.

For example, my wife and I have a niece and nephew from China in college in the USA. Their parents transfer money to our account quarterly, so we can manage it for the children. The one time a year we enter the USA from China, we carry the cash with us. This Spring will be the first time the amount will be over $10,000. We'll just declare it and indicate what it is for. We'll have a copy of the childrens' F1 visas on hand if needed.



pushbrkMaleChina2011-11-20 13:05:00
K-1 Fiance(e) Visa Process & ProceduresI am now TOTALLY convinced

The N. Delhi embassy was never going to give us a visa.. they jerked us around for 2.5 months and put us through hell to finally deny us as visa application is expired. So they win. we give up . ...
Ha!!! We're going to married and begin round 2. has been a weekend of tears and anger.. then sorrow then anger... and now we start round 2 and its another year and a half probably .. but no one is going to stop us .

thanks for reading and support. See you under a different visa quest!

Sherry


Visa applications do not expire. It was the I-129F petition approval that expired. When you marry and file an I-130 petition, that approval of THAT petition will not expire but they can still deny a visa. Whatever the reason for the denial this time, you'll still have to deal with overcoming it.



pushbrkMaleChina2011-11-21 10:42:00
K-1 Fiance(e) Visa Process & ProceduresWithdraw K 1 Petition
If you are certain the relationship is over, simply send a letter to USCIS indicating you "hereby withdraw the petition". No reason is needed but you might want to simply state the relationship has ended. Nothing in any packet from Kingston will contain your SSN.

Withdrawal prior to approval will assure there IS NO packet 3. An attempt to withdraw after approval is doable as well but by contacting the Consular Immigrant Visa Unit in addition to USCIS.
pushbrkMaleChina2011-11-23 08:04:00
K-1 Fiance(e) Visa Process & Procedures2nd interview:VO said i dont wanna handle your case anymore!!!!
Yes, this seems like a situation where your best course of action is to withdraw the I-129F, get married and take the spouse visa route.
pushbrkMaleChina2011-11-24 10:43:00
K-1 Fiance(e) Visa Process & ProceduresExpedite Request by Myself or through my Congresswoman

Agreed Pushbrk. I was just trying to be affectual with my wording to the OP. It looks pretty bleak. USCIS Guildlines were broken and now the parties need to come to bear with the outcome of their conduct. Yes, an Attorney is needed. I can't speculate the outcome. Alot of money is going to spent on an Attorney and maybe all in vein.
When I read the post. I said to myself: Well that just screwed-up everything. But I witheld my true thoughts. Penguin is correct as well: Write the letter yourself instead of paying a money hungry Attorney because I forsee NO IMMEDIATE AVAIL. I honestly think it will never happen. There I said it.. DAM


When you hire an attorney, it's best to follow their advice. Doing things against or outside their advice is never a good idea.
pushbrkMaleChina2011-11-23 15:29:00
K-1 Fiance(e) Visa Process & ProceduresExpedite Request by Myself or through my Congresswoman

Send it in yourself. Get your letter from your doctor. Waste money on the Attorney, write your Congresswoman and explain why he was here illegally and got deported. Thats a Start. Anyone can request a expedite. Have your papers in order.


The beneficiary has been deported. This kind of case needs an attorney. The 601 waiver doesn't work for this kind of case BECAUSE of the deportation.
pushbrkMaleChina2011-11-23 08:14:00
K-1 Fiance(e) Visa Process & ProceduresWhat should i do if the lawyer fill out wrong engagement date on my I-129F?

Yeah... On question 18, we need to describe the circumstance under which we met. the lawyer fill that question by putting our engagement date on 14th december, 2010 but we get engaged on 17th december, not 14th.

If the CO ask me when did i get engage? what should i answer?

Thank


Answer, "I know the I-129F says we were engaged on the 14th but it was really December 17. Sorry for the mistake."



pushbrkMaleChina2011-11-20 17:47:00
K-1 Fiance(e) Visa Process & ProceduresWhat should i do if the lawyer fill out wrong engagement date on my I-129F?

There is no such thing like engagement date in the I 129F form. Either you are misinterpreting something else or your lawyer is messing up with you. Go to the uscis.gov website and check the form by yourself or check the guides available here on VJ.

Good luck


There is not a field to fill in an engagement date but question 18 should have a statement of how you met. Often an engagement date would be part of that statement.

Please clarify exactly what mistake was made where and how.



It shouldnt matter. All they need to verify is whether or not you have met in the past 2 years of filing


USCIS, yes. However Consular Officers will concern themselves with and verify ANYTHING they think is important.



pushbrkMaleChina2011-11-20 12:57:00
K-1 Fiance(e) Visa Process & ProceduresDenied at POE with valid visa?

Is this the same for CR-1?


Actually even more applicable to CR1 because the scrutiny was even more thorough.



pushbrkMaleChina2011-12-05 13:24:00
K-1 Fiance(e) Visa Process & Proceduresdouble proxy marriage

Even if they did, I don't think that I would even consider using the visa.

K-1 Entrants require Adjustment of Status based on marriage to the petitioner within 90 days of POE. Since the Beneficiary & Petitioner are already married if they marry again it will not be a valid marriage. The whole Immigration process would unravel the second USCIS realizes the mistake that was made and the Beneficiary & Petitioner are the ones who will suffer the penalties for that mistake.


Entirely correct, of course. However, I'll add for clarity (if not clear already) that the consequences up to and probably including deportation and a lifetime ban from entering the USA can occur at any time, even years after the arrival on the wrong visa. Use of a K1 visa requires its holder be unmarried at entry. For a married person to use a K1 visa to enter the USA is fraud by material misrepresentation, even if they committed no fraud in obtaining it. It's a mess. Don't use the visa if issued. I doubt it will be issued anyway. You were told this some time ago.



pushbrkMaleChina2011-12-07 15:49:00
K-1 Fiance(e) Visa Process & Proceduresdouble proxy marriage

Just got done my interview last monday,they do asked about our proxy marriage which is i didnt lied and told them that YES were got married last year through double proxy marriage while he was in Iraq and i was in South Korea,we did consumated the marriage last MAY this year when he came down here in Philippines to visit me.He came bcak in States which is in Junction Kansas were he was moved by the army after in Iraq.He filed the petition there and last June 20 this year,and he also included in his documents that we were married through double proxy and he also send the USCIS his itenerary ticket which mean he came here last May and the hotel weve been stayed for a night so it means the USCIS knows that were married.The USCIS give him RFE i forgot what is that RFE,they appoved his petition last october 25 and forwarded it in Manila,our marriage wasnt recognise here in the Philipines and we dont have marriage certificate here in Philippines also that were both married,our marriage was valid on other part of States,and when he file the petition while he was station in KANSAS he told them already that were married.We never lied with them.The US Embassy didnt asked me much about this proxy marriage,they asked me where im gonna stay when i arrived in the USA since my fiance who was in the military just got moved in Germany 2 weeks ago,i told them my fiance could get leave after i arrived in States and im goin to stay to his Mom in States.I submit the requirements needed during my interview and they gave my appointment interview wtih stamp BIO F/P DONE what is that means?they give me a 221g form which is they asking a missing documents from my Man,which is a photocopy of his INCOME TAX RETURN 2010,i didnt submit it yet because he doesnt have his ITR on his hand because he got moved in Germany and all his stuff and some documents was in the ship.He order or request a copy of it online but it will mailed to his Mom in 5 to 10 bussiness working days..Then he could fax it to the US EMBASSY because this is the fastest way to do than to send it through 2go courier,Do u think i am appoved with my visa?they didnt tell me nothing they just told me that i need to provide the missing documents which is the photocopy of his ITR 2010.And if i could give them the ITR they need,how long is the estimated time before i could recived my visa?i dont know if im approved or not. pls vj friends kindly answer me about me concern if anyone been through with this..thanks a lot



No, your visa has not yet been approved. BIO and F/P DONE means they took your fingerprints. It would be highly irregular to issue a K1 visa to a married person.



pushbrkMaleChina2011-12-07 10:05:00
K-1 Fiance(e) Visa Process & Proceduresdouble proxy marriage

If the wedding is USA proxy and the couple have consumated the wedding, the k3 is process where every the spouse lives. They would not travel to the USA for an interview to be issued a visa to the USA.


In 2009, I attempted to set up a Greek wedding with my now Russian wife, I was told by the embassy she would need to return to Greece for the interview. We were looking at a k3 at that time.


This is correct for K3 but the K3 visa is virtually impossible to obtain. Otherwise, the information above is correct. Your original statement was not specific to K3. The couple needs to follow the CR1 visa process, where the interview would be in the foreigner's country of residence or citizenship, regardless of where the marriage took place. Your first sentence above applies to both K3 and CR1 because marriages in the USA are the exception to the country of marriage rule for K3.



pushbrkMaleChina2011-11-16 21:44:00
K-1 Fiance(e) Visa Process & Proceduresdouble proxy marriage

A USA proxy is valid in all states, however there is some issue in Kansas, that can cause some problems. Most states do not do such weddings, but accept as valid from a state that does proxy wedding.

The main issue with a none USA proxy wedding is the embassy interview needs to be in the county of the wedding. If the spouse is not from the country doing the proxy wedding, you can end up with issue of added travel. However if you live together and you are bringing the spouse here with you. It is not an issue.


Please provide a reference. K3 visas must be issued in the country the wedding took place but CR1 and IR1 visas can only be issued in the foreign visa applicant's country of residence or country of citizenship. To my knowledge this is true regardless of proxy or not.



pushbrkMaleChina2011-11-15 01:07:00
K-1 Fiance(e) Visa Process & Proceduresdouble proxy marriage

Technically you need to have sex to consummate the marriage.


In one or some (usually religious) contexts, yes. For immigration purposes, no.



pushbrkMaleChina2011-11-14 14:33:00
K-1 Fiance(e) Visa Process & Proceduresdouble proxy marriage

They will make an assumption that the marriage was consummated when 2 married people are in the same place at the same time. In this case, however, there is no questioning it was consummated. The OP is stating it was. Not only that but the OP is 6 months pregnant. The government can find out that her husband visited in May, which is 6 months ago, when the OP became pregnant. There is no trying to deny the fact that the marriage was consummated.

Which visa was right for them depended upon what point the OP's husband called USCIS to ask. If he called before May, they probably told him to file K1 since the marriage would not be recognized since it was a proxy and not consummated. The OP took their advice and filed K1, which would have been right if he filed before May. He went to visit his wife in May, consumatted their marriage so now the marriage ceremony is legal and they can no longer file the K1 since the OP is already married. More than likely he didn't know that going to PI was going to make the K1 petition invalid.

I agree with the poster that said find a good immigration attorney. This could lead to further complications and you two will probably need help.


No need to deal with hypotheticals here, The OP stated in the first post, "but then after here in Philippines he came back in States and he filed a petition for me which is K1 visa,".

He should have filed an I-130 because the marriage was then consummated.



Edited by pushbrk, 14 November 2011 - 12:29 PM.

pushbrkMaleChina2011-11-14 12:28:00
K-1 Fiance(e) Visa Process & Proceduresdouble proxy marriage

What if they are both met in person but did not consummated the marriage? What I read about that proxy marriage about consummated the marriage means they already had sex and make it a legally marriage. Does it mean they still choose spousal visa for en route to US after meeting?


The OP states they consummated the marriage, so end of story on that. They need to withdraw the I-129F petition and file a new I-130 for a spouse visa process, after consulting a qualified immigration attorney. Without full knowledge of the details on how he answered the RFE, we have no way to know whether they are already in a material misrepresentation situation. Only a qualified immigration attorney can advise them on that.

Just adding that nobody actually cares or verifies whether they had sex. They just had to be together in person after the proxy marriage was completed.

Edited by pushbrk, 14 November 2011 - 07:57 AM.

pushbrkMaleChina2011-11-14 07:53:00
K-1 Fiance(e) Visa Process & Proceduresdouble proxy marriage

I hope you could help me VJ to answer all the question i had and i dont even know the right answer of it,I got married though double proxy marriage in Montana with my US CITIZEN fiance while he was in Iraq that time and i was in Korea,he was under deployment and we decided to get married through double proxy,Then He came visit me last MAY this year here in Philippines were is my country is,and we did consumated our marriage,but then after here in Philippines he came back in States and he filed a petition for me which is K1 visa,do u think thats the right visa for me?since were married through proxy but it wasnt recognize by the immigration purposes here in my country,now i am 6 months pregnant and my visa case is already here in the embassy in manila and im goin to set an interview by nextweek,i am confused and i dont wanna lie if they ask me if i am married already and i dont know what should i answer them,?do i have to tell them that were married already through proxy marriage?are they gonna find out that were married?Because he told the USCIS that were married through proxy and the USCIS told them that he have to divorce first befor he could file k1 visa,thats why when the USCIS send him an RFE he said that he just had a mistake tellin them that were married since they want us to get divorce 1st before he could file an K1 visa,now our petition was got approved and im scared if this is the right visa for me,But since my Man file a K1 visa which is the USCIS told him that this is the right one for me,he never attach our marriage certf,Do i have to tell them tht were married or just tell that i never got married and were planning to do our marriage before 90 days of my arrival in States?theres a lot in my mind and i dont wanna get deny in this visa especially im pregnant and were having our baby.pls give me some answer vj friends..thanks and appreciate any answer.


Never lie on an immigration form or to an immigration or Consular officer. K1 is for a fiancee, not for a spouse. Who is it your husband was supposed to divorce?



pushbrkMaleChina2011-11-14 02:09:00
K-1 Fiance(e) Visa Process & ProceduresLost Passport

I have not entered the US yet.


Then get a new passport and contact the Immigrant Visa Unit in Manila about getting a new visa. If issued again, it will still have the same expiration date as the original. It would be far better to find the passport, as there is no assurance a new visa will be issued.



pushbrkMaleChina2011-12-08 10:39:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Visa denied, Motion to reopen?

I AGREE....THERE'S TOO MUCH OF THIS GOING ON LATELY. GRANTED THIS PERSON SHOULD HAVE FOLLOWED UP MUCH MORE BUT THIS IS A PLACE FOR GUIDANCE, NOT JUDGMENT.


Bickering about the correct tone of responses offers zero "guidance" to the OP. Please refrain from bickering.
pushbrkMaleChina2011-12-08 10:51:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Visa denied, Motion to reopen?
A motion to reopen would be a waste of money and take a lot longer than just filing again properly. Your motion will be denied because it was your mistake, not theirs.
pushbrkMaleChina2011-12-08 09:01:00
K-1 Fiance(e) Visa Process & ProceduresInterview Done But?

Please post the exact text of the blue sheet. We can't help much if you only give us partial information.


That may actually be the exact text. If so, sounds like AP. It's Abu Dhabi.



pushbrkMaleChina2011-02-03 23:14:00
K-1 Fiance(e) Visa Process & Proceduresfatha_religieus wedding
Apply, yes. Have the visa granted, probably not. Even if not legal, if a couple is married enough to satisfy a religious authority, Consular officers generally consider them too married for a K1 visa. The catch 22 is that USCIS would consider them not married enough to approve a petition for a spouse. Best to forget about playing games. Either you're married or you're not.
pushbrkMaleChina2011-12-12 00:45:00
K-1 Fiance(e) Visa Process & ProceduresI-129F Passport Photos

yes, standard US size ( 2.5 in x 2.5 in (5cm x 5cm))


Incorrect. 5cm X 5cm is 2 in X 2 inches, not 2.5.

To the OP. Your question indicates you have not yet studied the I-129F instructions. Doing so is likely to be critical to your ultimate success. Don't find yourself in a place where you never knew, what you never knew or needed to know.

Edited by pushbrk, 12 December 2011 - 09:53 AM.

pushbrkMaleChina2011-12-12 09:51:00
K-1 Fiance(e) Visa Process & ProceduresHelp!!!!!!

Charles, Is that your handwriting ? Oh My.
Address while in the United States: Hotel. Well, it worked.


It's quite common for B2 visa holders to stay in hotels while visiting, particularly when arriving in Orlando as this person did.



pushbrkMaleChina2011-12-12 17:04:00
K-1 Fiance(e) Visa Process & ProceduresHelp!!!!!!

You like to play on words lol. I am actually an attorney, im not going to argue with you but your wrong on a few things, but its not important. Anyway have a nice day.


Correct terminology use does not constitute a play on words. Being an attorney, even an immigration attorney doesn't make wrong, right.
pushbrkMaleChina2011-12-12 16:44:00
K-1 Fiance(e) Visa Process & ProceduresHelp!!!!!!

This is what started off the confusion because it is not correct. I-94 is not a visa and It doesn't cancel out a K-1.


By the time a K1 visa holder has an I-94, their K1 visa is dead and gone. It's good for one use and one use only, one entry and one entry only. It is not "replaced" by anything. The I-94 is a departure card that indicates the required departure date or the end date of the allowed stay. Between that date and AOS filing, the person is in a limbo status.
pushbrkMaleChina2011-12-12 15:28:00
K-1 Fiance(e) Visa Process & ProceduresHelp!!!!!!

your k-1 status is adjusted to a CR-1 status. same thing as what I originally said?


K1 is not a status. CR1 is both a status and visa. Your statement was incorrect. Now you know the correct terminology, so you can use it in the future.
pushbrkMaleChina2011-12-12 15:25:00
K-1 Fiance(e) Visa Process & ProceduresHelp!!!!!!

I am get confused.Posted Image


The I-94 is not a visa. If you are confused, stop answering questions and go back to asking them. Visas are used to ENTER a country. The I-94 is a "departure card" that indicates when the visitor is expected to leave. For a K1 visa holder, the I-94 is the date by which they are to leave the USA if they have not yet married the petitioner.

Edited by pushbrk, 12 December 2011 - 02:51 PM.

pushbrkMaleChina2011-12-12 14:51:00
K-1 Fiance(e) Visa Process & ProceduresHelp!!!!!!

I-94 is not a visa. When you enter on a K-1 you have 90 days to get married to the petitioner. Then you file Adjustment of Status form I-485 and the K-1 is changed to a CR-1 visa.


Adjustment of status does not convert any visa. It results in a green card, that is used instead of a visa. CR1 is both a visa category and an immigration status. A K1 visa holder who files a timely application to adjust status is granted CR1 status, not a new CR1 visa.



pushbrkMaleChina2011-12-12 14:49:00