ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresK1: Red Flags Lagos !

@Patient2010: LoL, some call it the Interview date...


NOA3 is not a term anybody uses. The numbers 1, 2, 3, and 4 are associated with events in the process, with NOA1 being a receipt notice and NOA2 hopefully being a petition approval notice. The second notice of action COULD be an RFE or a Denial notice though. "P3" refers to the information packet from the Consulate or Embassy and P4 refers to the notice of interview dates. The interview date is simply referred to as the interview date.



pushbrkMaleChina2011-09-26 06:05:00
K-1 Fiance(e) Visa Process & ProceduresIs this marriage feasible?

Also, if she is living in Rwanda but cannot conduct a k3 interview in English of French, and there are no Spanish translators, would she be allowed to travel to, say, Argentina for the interview (so as not to risk coming back into Colombia and risking the permission from her daughter's father being annuled?


A spouse visa interview must be conducted in either the country of citizenship or country of residence. I doubt there are Spanish translators available at the Consular services in Rwanda but you could email them and ask. If she has the necessary permission letter, just what is the risk of going to Colombia for the interview?



pushbrkMaleChina2011-10-28 09:21:00
K-1 Fiance(e) Visa Process & ProceduresIs this marriage feasible?

Colombian law differentiates between travel and emigration, even though both entail leaving the country. A travel permission is binding as the child must return within 90 days. A permission to emigrate is for when the child is to leave permanently. However, if the child is going to Rwanda on a temporary visa, by definition the permanence condition cannot be satisfied. Now, how much that technicality matters from the Colombian side I don't know.

Another question: Once my fiance were to receive her K1, how long would she have to actually go to the US? Could she go there before I come back? Since she would have her green card, could she fly to the US and then come back to Rwanda?

Thanks!


Both Fiance AND spouse visas are intended for people intending to be permanent residents of the USA. Once you have a green card, you must maintain permanent resident status or lose it. Both the CR1 and K1 visas have a six month window for entering the USA but NO, the visa holder cannot enter the USA before the petitioner does. That, however, is just a matter of money, as you can buy a ticket and travel together.

The solution to the living in Rwanda problem is for you to marry, live in Rwanda and a year before you are ready to live together in the USA, begin the CR1 and CR2 visa processes to do so. First, you'll have to solve the problem of the child's permission to leave Colombia permanently, (emigrate) and how two Colombian citizens are going to get permission to live in Rwanda two years. Neither of those is a US immigration issue.



pushbrkMaleChina2011-10-21 06:39:00
K-1 Fiance(e) Visa Process & ProceduresIs this marriage feasible?

I think what I was getting at is that I think there are two types of permissions the father of her daughter can give... First, to travel to another country, valid for 90 days... Second, to emigrate... Given that her daughter will seek to live in Rwanda with her stepfather for two years, this does not seem to be fitting for a travel permission nor an emigration one... Which makes me wonder if such a permission exists at all, where her father lets her leave the country to live in another country for two years (but not emigrate there). This is strictly a Colombian issue, has nothing to do with Rwanda. It has to do with the types of permission a Colombian father can give for his child leaving Colombia, period.




Definition of EMIGRATE
intransitive verb: to leave one's place of residence or country to live elsewhere
Think it through. "Leave" is the operative verb. Emigrate is not "immigrate". The child will need permission to emigrate, not to "immigrate" to the USA. So, you need permission to emigrate FROM Colombia first. Then you'll deal with US immigration FROM Rwanda about a year before you're ready to live together in the USA. You are engaging a family law attorney in Colombia for the emigration issue. Later you'll file petitions for your wife and daughter to start the immigration process TO the USA.
pushbrkMaleChina2011-10-20 23:55:00
K-1 Fiance(e) Visa Process & ProceduresIs this marriage feasible?

Thank you for your answer to my first question. On your second point, I consider my second question within the scope of this discussion since it is a part of the emigration process for my fiance, her daughter, and myself, given that our approach will change depending on the answer to the second question. All the more, people here are likely to be knowledgeable about my second question.


Seriously, you need Rwanda specific information. I advise you to seek it from Rwanda specific sources.
pushbrkMaleChina2011-10-20 21:10:00
K-1 Fiance(e) Visa Process & ProceduresIs this marriage feasible?

1. Am I allowed to begging the process of emigrating my spouse from Colombia into the US, even though I will not be in the US at the time nor she in Colombia?

2. How can her daughter get permission to live in Rwanda on an emigrant permission from her father since she is not emigrating there? And then, how can she not return to Colombia if her permission from her father to travel abroad can only be valid for 90 days?


Yes, to your first question. Questions about how Colombians arrange to live in Rwanda are beyond the scope of discussion here. Visa Journey is about immigration to the USA.



pushbrkMaleChina2011-10-20 18:51:00
K-1 Fiance(e) Visa Process & ProceduresIs this marriage feasible?

Thank you for your help, everybody. My fiance is in the process of setting up a consultation with a family law attorney. She continues to insist that he will say yes without getting any money, because he doesn't come around much, will be pressured by his family, still probably will want what is best for his daughter, is in another relationship, and she thinks he also has a younger boy with someone else. I trust her sense, and she is well aware of his macho ways.

My new worry is that according to Colombian law, the child can receive permission to travel for 90 days, or permission to emigrate permanently... Which makes me wonder what the solution will be if the daughter plans to live in Africa for two years, then come back and start the process of emigrating to the US. I almost think that will be an impossible route for us to pursue because how can the daughter go to Rwanda for two years but not seek to emigrate at that time? Maybe adoption becomes a good option again... Thank God for family law attorneys, but meanwhile will take any other advice :)


As advised earlier. While in Rwanda, begin the US immigration process about a year before you desire to begin living together in the USA. Leave going back to Colombia out of the plan.

Edited by pushbrk, 20 October 2011 - 05:36 PM.

pushbrkMaleChina2011-10-20 17:36:00
K-1 Fiance(e) Visa Process & ProceduresIs this marriage feasible?

What about when the child leaves any other country with the mom... Are the same questions going to be asked by the local Immigration.. It doesnt seem to be an issue in the USA, because the only checks are by the airlines ensuring you have a passport, but other coutries have Immigration checking documents...


A document giving one parent the permission to travel internationally, on a permanent basis will be sufficient for any international travel. Sure, a line indicating full permission for all international travel on a permanent basis would be good. Primarily, it should satisfy the Colombian authorities with regard to exit.



pushbrkMaleChina2011-10-18 13:03:00
K-1 Fiance(e) Visa Process & ProceduresIs this marriage feasible?

If we could get legal document from the father saying that the daughter can leave Colombia and enter any country with her mother, or with her mother's permission, then obviously I would need to adopt. But is that type of document possible?

Another question I have: Even if we married, if my company wants to book her flight through the US or Europe, she would need a transit funds. I know she does not have sufficient proof of funds, but even if she is married and going to live with someone who has sufficient funds, she would get denied a transit visa? What if I put money into her bank? In general, I don't get it... Many women stay at home and don't work, how do they ever travel? (I actually want my fiance to work when she has the opportunity, but that's a different story)


No, you would NOT need to adopt. How two Colombians travel to other countries besides the USA is outside my expertise and not immigration related. However, since there is no immediate intention to immigrate to the USA, the permission letter would need to address the mother's intention to leave Colombia permanently with the child rather than to specifically address immigration to the USA.



pushbrkMaleChina2011-10-18 10:13:00
K-1 Fiance(e) Visa Process & ProceduresIs this marriage feasible?

You misunderstood me :) But I can tell you we are 100% in agreement

Maybe a better way to explain what I was saying: Imagine you are the biological father of a child, and there is no other man with your ex-girlfriend. Can you request a document that you can sign in order to give up your legal right of that child? Of course not! How can a father just renounce his child?

All I am saying is for adoption to even be possible, I FIRST need to be married to her! Otherwise, the father cannot voluntarily give up his rights to his child! If that was possible, every single man paying child support would simply sign a document saying they are no longer the child's father...


I must have missed something and probably did. Adoption is not a requirement for the child to immigrate. If it's a condition of yours or key to your decision, that's another matter. To immigrate as your step child, the child only needs permission, not a loss of parental rights.



pushbrkMaleChina2011-10-18 00:13:00
K-1 Fiance(e) Visa Process & ProceduresIs this marriage feasible?

I think the father will cooperate. There will be a lot of pressure on him to "do the right thing," from his family, my fiance's family, and from his friends. There could also be a money incentive, etc.

With regards to what I was trying to say earlier: The only way the judge takes away his legal title as father, even if he cooperates 100%, is if the judge knows there is another person (me) ready to step in. In other words, the father can cooperate 100% all he wants, but the judge is not going to allow a father to just relinquish his legal connection to his daughter unless there is a good reason to do so (me stepping in, for example).


Best to focus on obtaining a letter of permission to remove the child from the country permanently, directly and voluntarily from the father. I would try that first. If it doesn't work, usually a court order of custody allowing the mother to leave the country permanently would be sought. This is a couple steps short of "taking away his legal title or rights as a father". Try the voluntary permission route first.
pushbrkMaleChina2011-10-17 21:13:00
K-1 Fiance(e) Visa Process & ProceduresIs this marriage feasible?

Thank you for all of your responses. My question then becomes this:

She is currently working part-time and is a part-time student. If she applied for a tourist Visa for the U.S., she probably would not get approved.

If I marry her in Colombia, or decide to marry her in Colombia, what are the chances that Rwanda will allow her to enter the borders with me? Rwanda is considerably poorer than Colombia, so am I wrong to assume that their entry requirements are less than that of the U.S.? Do you think her being my wife would help in that process?

Thank you!


You are correct that she has little chance of obtaining a visitor visa for the USA. Her marriage to you is unlikely to have any impact on her ability to travel to Rwanda but you need to check with Rwanda about that. A year or so before you are ready to live together permanently in the USA, you can begin a spouse visa process.
pushbrkMaleChina2011-10-17 16:50:00
K-1 Fiance(e) Visa Process & Procedures125% ,medcaid ,child support

"Discussions about how we think things SHOULD BE are not appropriate for these upper forums. The OP is looking for accurate information in response to pertinent questions."

OP received their answer some 35 or so responses ago and unless our viewpoints regarding this are a violation somehow of the TOS then I don't know why it would be innapropriate to state how we feel (both pro and con).

The discussions have stayed on an even keel with no name calling or disparaging comments made - as it should be.


Given that moderators often post warnings to STOP giving judgmental comments in the upper visa forums, you can take it to the bank that those judgmental comments and discussions are considered inappropriate for these forums. PM a moderator if you disagree. They'll set you straight in short order.



pushbrkMaleChina2011-10-30 11:58:00
K-1 Fiance(e) Visa Process & Procedures125% ,medcaid ,child support

I think that's where the real problem lies... Maybe the better solution would be for USICS to make an allowance or adjustment if there are children receiving Child Support. Maybe it should be something like using the number of dependents you are able to count on your taxes as quite often when a parent is paying child support they will get to share the tax deduction either by alternating years, counting one or more of the kids every year etc.

I would agree if the other parent is the primary source of support for the child then maybe it would be fair to not count them as a household member on the AOS but only if they Petitioner isn't also taking tax benefits for that child.

For what it's worth, I've never listed the Child Support I receive as "My Income" regardless. Not when going for a mortgage, car loan or eiter of the I-864s that I've had to provide in this process.


Discussions about how we think things SHOULD BE are not appropriate for these upper forums. The OP is looking for accurate information in response to pertinent questions.

If the child support is court ordered, and there is evidence it is actually received, it is added as "other income" in the I-864. Just put "Court Ordered Child Support" as employer number two and document both sources of income.

These children are 6 and 9. If they were 17, I would be looking for a joint sponsor. Income from any allowable source is CONSIDERED by the Consular Officer, as the officer deems appropriate. Failure to meet minimum requirements assures a negative decision. Successfully meeting MINIMUM requirements does NOT assure a positive decision. It's a judgment call that includes consideration of the totality of circumstances.



pushbrkMaleChina2011-10-30 10:58:00
K-1 Fiance(e) Visa Process & ProceduresAge requirements for fiance visa

Hi. My fiance is under 21 years of age. Will this affect our eligibility for obtaining a fiance visa? I read somewhere that if someone is under 21 years of age then the parents must give written approval to the U.S. Embassy. Is this only for Brazilian civil weddings or does this also apply for Fiance Visa's where the wedding will take place in America? Thanks for your help.


If your plan is to marry in the US, then the only age requirement is that both be of age to marry here. Foreign marriage requirements are of no concern in issuing a K1 visa. Whatever you read, must have been out of context.
pushbrkMaleChina2007-04-16 08:39:00
K-1 Fiance(e) Visa Process & ProceduresCalled USCIS for Assistence and they gave interesting answers....
I have called USCIS several times and have been highly irritated because they are seriously no help! Have you noticed when u ask a question they never can just give u an answer. They always say something like "ok give me a minute". They are scripted. They answer your questions from a script. I use to work for an insurance company that answered questions from a script.
AdarendaFemaleNigeria2011-08-16 06:48:00
K-1 Fiance(e) Visa Process & ProceduresShould I start new job

I doubt it, financial support is shown through check stubs and yearly tax forms. The real affidavit of support is when you do your AOS. Just show the interviewer at your k-1 interview that you have income and pay taxes. Make sure you are above the poverty line, but taking a new position wont hurt you.

Also you can have other supporters if you dont meet the poverty guidelines
AdarendaFemaleNigeria2011-08-13 16:50:00
K-1 Fiance(e) Visa Process & ProceduresI-129F *denied* :( What to do next?

Hire an immigration lawyer to make sure there are no further complications ... it can really help.

Best of Luck.

Cheers


Nobody can make sure there are no further complications but many need professional help in navigating the existing and potential future complications in the most beneficial manner.



pushbrkMaleChina2011-06-07 16:04:00
K-1 Fiance(e) Visa Process & ProceduresI-129F *denied* :( What to do next?

Incorrect. LPR's can also file. The wait is REEEEAAAALLLYYYY long, but it can be done.




LPR's cannot file I-129F petitions. Well, they can file, but not get approved. An LPR can file an I-130 for a spouse, but not anything for a fiancee.


pushbrkMaleChina2011-06-07 13:19:00
K-1 Fiance(e) Visa Process & ProceduresFinancial Info

Quick question or two....


As I understand, you need to be making above the official poverty line in order to be declared financially sound enough to qualify for the K-1. Those who are under or are close to that figure need to have a relative or friend sign a form saying they will help. My question, what figure is used to determine your status... wages before or after taxes ? I am above by a little before taxes and under after taxes.

Also, what about credit history ? I ran a business that simply killed my credit when the economy crashed... will that hurt me ?

Thank you.


The I-864p shows the required current income needed to qualify based on your household size. Self employed qualify based on line 22 of the 2010 tax return. Credit is only an issue if there is an IRS lien.



pushbrkMaleChina2011-07-02 11:34:00
K-1 Fiance(e) Visa Process & ProceduresValid B2 holder appying for a K1 question

I went to college and did my OPT in the US. While in the US, I was dating my current fiancée. When I moved back home, I went back to the US to visit her on a 5 year multiple entry visa. During my visit we got engaged and before I left, we filed for K1 visa.
Does the fact that I went to college in the US on an F1, and now having a valid 5 year multiple visa makes our application for the K1 go any faster.
Thanks


No.



pushbrkMaleChina2011-07-03 10:13:00
K-1 Fiance(e) Visa Process & ProceduresWork/finance concerns in the US

Certificate of approval to marry in the UK was abolished on 9th May... http://www.ukba.home...bolition-of-coa




That is a different context applying to people IN the UK already. Read down to the bottom under what is "unchanged".


Immigration requirements
Immigration entry requirements for the purpose of marrying or registering a civil partnership in the UK are unchanged by the ending of the certificate of approval scheme.

Any person wishing to come to the UK to marry or register a civil partnership will still need to

  • obtain the correct entry clearance before they travel to the UK to marry or register a civil partnership (or give notice)
Failure to obtain the correct entry clearance may result in admission to the UK being refused. Further information about entry clearance requirements can be found in our visa services section.




pushbrkMaleChina2011-07-05 10:43:00
K-1 Fiance(e) Visa Process & ProceduresWork/finance concerns in the US

Regardless of whether you go the K1 or CR-1 route, it will be very tricky to get a job lined up before you got married. You're adults, and I don't think you should cave to familial pressure when planning your lives together (but that's just my two cents!) With a CR-1, you'd be eligible to work as soon as you arrive in the US, which is why my (now) husband and I decided to go that route. We actually flew to Jamaica to get married, he returned to the UK and I to the US, and we're putting our application together for CR-1. You'll potentially waste a lot of time if you spin your wheels trying to find employment from overseas without a US visa that allows you to work. And if you do get the Disney role, that'll put you in FL when your girlfriend is in IL? Coming to the US is supposed to END your long distance relationship! ;)


Sounds like an excellent plan that addresses the issues mentioned. If it works for you, good. No need to buy into anybody else's should be or supposed to be unless it matches your own priorities and circumstances.



pushbrkMaleChina2011-07-04 15:47:00
K-1 Fiance(e) Visa Process & ProceduresWork/finance concerns in the US

You can get married in either country to apply for the CR1 (be sure to check the rules on getting married in each country beforehand). You just need proof of the marriage to apply. If you're willing to be apart for the first year or so of your marriage, the CR1 is a bit cheaper and you can work immediately after you get in the US with your visa and your green card. Good luck!


Generally true but with the OP being from the UK, marrying a foreigner in the UK is problematic. A special visa is needed, even if the foreigner has no intention of living in the UK.

To the OP,

If your requirement is to have a job in the USA prior to marriage, that will be difficult but you already know that. Fortunately, there are practical aspects to deal with when planning to marry a foreigner that don't come into play when marrying a citizen of your own country.



pushbrkMaleChina2011-07-04 08:58:00
K-1 Fiance(e) Visa Process & ProceduresRFE needed/not needed?

S and I provided evidence of a visit using Facebook photos of us together featuring the recent upload date, printed off with the date of printing as well. How likely might it be that we'll receive an RFE with this as our only proof of visitation?


If by "visitation" you mean "meeting in person within the last two years" no it's not enough. Please clarify.



pushbrkMaleChina2011-07-03 19:13:00
K-1 Fiance(e) Visa Process & Procedures100% or 125% poverty guideline in USEM

For k1 visas they send in teh i 134 which requires 100%

for cr1 visas they send in the i 864 which requires the 125%


All that said... even tho you send in the i 134 they actually see your at 100% BUT because within 90 days you marry and adjust status, they then look at the fact for those 90 days etc until AOS he/she doesnt work have a SSN etc how will you support him/her during those months...

sooo they actually will look towards you making 125% hoping to see close to those numbers instead.


Typically, all Consulates consider the 125% as the minimum for non-military sponsors. The I-134 is a fairly outdated USCIS form that USCIS no longer uses and seldom updates. Yes, some Consulates require them and all will accept them but Consulate are not USCIS.

Think 125% for Manila and understand that the Consular Officer has significant leeway in making the highly subjective decision regarding the public charge issue.



pushbrkMaleChina2011-07-10 09:45:00
K-1 Fiance(e) Visa Process & ProceduresOrig BC and Divorce Decree

To ALL of YOU who found time to reply, thanks a lot! Really appreciate it.

But now that I'm getting conflicting answers, the more i get confused. Posted Image When we first started this journey, I thought they're not required. Although i understand that the CO may request for all the originals of all the civil documents we submitted in the K1 packet during the embassy interview but I know they don't usually require the originals. hmmm...

I'm only having second thoughts about sending the originals coz i already had a terrible experience with one of the big couriers we have here.

For those who want to chime in, please feel free. The more, the merrier (although sometimes it is even more confusing). Posted Image

Again, thanks a lot!



The closest thing to an original divorce decree or birth certificate for the petitioner would be the actual certified copies, not photocopies of certified copies. While it is a good idea to have them on hand for the interview in case the Consular Officer asks to view them, they are seldom asked for.

Actual original birth certificates are not available in the USA and unless there are multiple (certified originals) of a divorce decree, they aren't available either. An original would bear the original signature of the judge, for a divorce decree. Original birth certificates are held by the registering agency.



pushbrkMaleChina2011-07-14 09:50:00
K-1 Fiance(e) Visa Process & ProceduresThailand Specifi K1 question

It seems so odd that American law, in each state looks to the desires of the child first, and yet it seems that in immigration cases, the entire concept of what is best for the child first falls by the wayside.



US Consular Officers must abide by the laws of the country in which they operated, with regard to child custody. They don't get to decide what's best for the child. They simply obey the law. If the non-custodial parent has rights in Thailand, US Consular officers have no authority or power to ignore or circumvent those rights. What you need to know is what Thailand law says about the father's rights in this case.



pushbrkMaleChina2011-07-15 00:52:00
K-1 Fiance(e) Visa Process & ProceduresThailand Specifi K1 question

I get the impression that tiny differences can create problems so I thought I'd ask this simple question:

The K1, Part B (Information about Alien Fiance) Line 10, Name of Prior Spouse and Date marriage ended.

There was no recording of the marriage, there was no "Monk wedding," simply two people who moved in together, had a child, and then, as is common in Thailand the male moved on to another woman who he now lives with and who has had a child.

In Thailand, if I understand the law, since the marriage was not recorded, well, then there is no "spouse."

On the other hand, to not put down the name of the child's father might be construed as misleading.

Also, there is no real "date marriage ended" as there is with my prior marriage which has a date of divorce decree. In her case, he simply left and over time it became apparent to her that their relationship ended.

For those in the know about Thailand, would you please suggest how to best fill this out, to minimize any future problem. Fill in the father's name? Put a month/year or year, since there was no specific date that the prior marriage ended.

Thanks


K1 is a visa. You are asking about a section of the petition for fiancee. There is no prior spouse. The name of the child's father is not asked for on the petition. It will be asked for on a later visa application(s). Just answer it accurately. The parents were not married. Simple stuff when you simply focus on answering direct questions truthfully.



pushbrkMaleChina2011-07-14 09:54:00
K-1 Fiance(e) Visa Process & ProceduresDoes it matter how old the forms are???

Probably not as long as you have recent proof of the claimed income (paystubs, employer letter). If there are no recent stubs you may get an RFE for those.



I would say MAYBE it will be OK, provided there are current pay stubs and/or employer letter indicating sufficient current income. If you can provide an updated one, that would be better. I would provide the 2010 tax return as well, since that would not have been available in December.


pushbrkMaleChina2011-07-17 14:14:00
K-1 Fiance(e) Visa Process & Proceduresdecision based on ??

Hi, Now please I never said that the CO's base their decision on the Prophet Muhammed, I was just given a quote that I was reading from my husband. All I was referring to is that age difference is not that big of a deal as most people make it out to be here on VJ.


No, you didn't. However, this is a discussion about a particular case with a particular problem. It's important that the OP and other readers know, that your quote, won't help in the visa process. The only context that matters here is obtaining the visa through Casablanca, and there's not one little tiny thing about knowing Muhammed's marital history that will help that happen.



pushbrkMaleChina2011-07-17 20:34:00
K-1 Fiance(e) Visa Process & Proceduresdecision based on ??

The excuse "It was ok for Muhammad" has been tried at the consulate in Casa. It doesn't work. Just because Muhammad did something does not make it religiously or culturally normal for other Muslims to do it, and some of the things Muhammad did are specifically forbidden for other Muslims to do. For instance, the Quran explicitly sets a limit on the number of wives a Muslim man may have at four, and also specifically makes an exception for Muhammad, who had more than twice this number. Yes, Khadija was 15 years his elder at the time of their marriage. Conversely, Aisha was more than 40 years his younger. His marriage to Aisha was more typical of Arab culture at the time since Aisha was just entering her child bearing years. By a quirk of fate, Khadija bore him a daughter, Fatimah, while Aisha never bore any children.

Anyway, the consular officers in Casa do not apply the Quran in determining whether a relationship may or may not be primarily for the purpose of evading immigration law. They apply an understanding of the local social customs. In spite of the Prophet's marriage to Khadija, it's not typical for a young muslim man in Morocco to marry a much older woman. While age differences are not unusual, it's usually the male who is older.


This is an excellent explanation. Consular Officers consider the circumstances on the ground today, in the present tense.



pushbrkMaleChina2011-07-17 20:19:00
K-1 Fiance(e) Visa Process & Proceduresdecision based on ??

Yes, we talked about it and emotions have to be left out, you are right. I am prepared to do whatever it takes. If marrying him is the only solution it obviously will have to wait another couple of months till I can take vacations which will be in December SINCE I am a teacher. I should have been there but it was too expensive for me, but thank you...


Marrying is a first seemingly major step but not the major solution. The major solution is to live together as husband and wife for some significant time abroad. Are you prepared to do that? For how long?



pushbrkMaleChina2011-07-15 00:47:00
K-1 Fiance(e) Visa Process & Proceduresdecision based on ??

ok, so what is considered to be "big age difference"? I am older than my husband. I am 42 and my husband is 35. Will that be considered "big" age difference?



I would say that how much of a red flag that would be depends on whether he is Muslim, has been married before and if you are divorced with children. It's a combination of things but one factor that mitigates somewhat in your favor is that you are still of child bearing age. The primary combination of factors that goes against the common culture is for a Muslim male, childless and not married before to marry a divorced woman too old to bear his children. Going too much against the culture tends to scream that the relationship is for immigration purposes. Overcoming that loud scream is not easy, particularly when working with the highest fraud Consular unit in the world. Time spent together in person is the most powerful evidence of a bona fide relationship.


pushbrkMaleChina2011-07-14 15:24:00
K-1 Fiance(e) Visa Process & Proceduresdecision based on ??

Yes, I obviously see your point that age would be a factor 54f/29M. Like you mentioned in Vietnam but that is not to say that it does apply absolutely to everyone. My fiance speaks perfect English, has been prev. married but it is sad to think it is a factor in decision. I know they are doing their job as best as they can but in this case why not interview the beneficiary. To me that would be more practical then putting someone through this, heck, call me up here in the states. They, the consulate obviously can afford a phone interview. Look at how much these guys have to pay, just for a soft denial!!!


Their concern has nothing to do with how you feel about him or your relationship and everything to do with what THEY think about what HE thinks about your relationship. Gleaning from what you have written, I expect they count the long relationship without marrying as a negative, not a positive. If you had a long relationship including both marriage AND living together for some significant time abroad, that would likely trump other concerns. My advice is that you need to get your head around the idea that until you are able to marry and spend significant time together outside the USA, you won't have an opportunity to be together inside the USA. Your personal honesty and opinions or feelings about how things "should be" will carry no weight with the Consular IV unit in Casablanca. This ain't their first rodeo.



pushbrkMaleChina2011-07-14 11:31:00
K-1 Fiance(e) Visa Process & ProceduresAssuming visa denial

That's what they look at the current year...2011

They may look at last year 2010 tax transcripts but as long as current year is above wht your poverty line is you should be fine



Current income, not "current year" income is the key. It's not the same thing. If you lost your six figure job May 31st you have a really good current year income but are unemployed "currently". You may have been unemployed from January through May and started a new well paying job June 1st. Your "current year" income would be low but your "current income" would be great.

Edited by pushbrk, 17 July 2011 - 02:18 PM.

pushbrkMaleChina2011-07-17 14:16:00
K-1 Fiance(e) Visa Process & ProceduresDrugs convictions - Will the USC have to note them down?

Hi everyone!

Ive been busy reseaching and prepping files for the petition.
In one of the questions on the i-129 file it askes about 3 or more drug use related convictions. Now my fiance, the USC, has had 2 drug related issues with posession, not drug use.
Would he still need to check that box and give more details eventhough its not related to drug use and isn't more than 3 convictions?
Would it be advisable to add an extra sheet with the details explaining what they are just to be honest?

Any advice would be appreciated :)


The actual question is..."Have you ever been convicted by a court of law (civil or criminal) or court martialed by a military tribunal for three or more convictions for crimes relating to a controlled substance or alcohol not arising from a single act." Two is not three or more, so the answer is NO, whether possession or use. Neither possession or use are mentioned in the question.



pushbrkMaleChina2011-07-19 09:55:00
K-1 Fiance(e) Visa Process & ProceduresDrugs convictions - Will the USC have to note them down?

was he arrested and convicted of the charge? yes that is definitely what i would do, because they are going to find out anyway.



NO NO NO. He has 2 convictions. The question on the form is about whether he has 3 or more. The answer is no. Simply answer "NO" and get on with life. This is a non-issue on the petitioner side in this case.


pushbrkMaleChina2011-07-19 09:52:00
K-1 Fiance(e) Visa Process & ProceduresMajor Roadblock or Just a Bump

I think you are incorrect. A CENOMAR is not required in Japan - this I know for a fact. A person who is free to marry anywhere is just as free to marry in the US. On that basis, I think that a CENOMAR is NOT required in our case. You are entitled to your opinion, but should not present it as fact.


I think you'll find the primary need will be addressed by the answer you already got from the Consular IV unit in Japan. The Philippines DOES recognize marriages performed in other countries and divorces from foreigners, when the divorce took place in another country. Regardless, you're going to be together in the USA and only visiting the PI. No worries.



pushbrkMaleChina2011-06-02 15:48:00
K-1 Fiance(e) Visa Process & Proceduresmarried to us citizen with convictions
QUOTE (utopia2004 @ Oct 6 2009, 06:34 PM) <{POST_SNAPBACK}>
Hi there.

Im trying to find out info about getting a green card but getting frustrated.

My boyfriend is a US citizen, we are getting married soon.

He has a criminal background (felonies but minor). He is doing his time for a parole violation (4 months), then we want to apply for the card after that when we get married.

I have read on the internet his criminal background arent considered, just mine as hes already citizen? is that true? I have no convictions.

Where is it better to apply in the US or the UK?

Thanks sara


You have the answers on the convictions but it's not clear to me whether you are already in the US. If you are, you may not need a visa. You may be able to simply adjust your status based on the marriage.

pushbrkMaleChina2009-10-06 21:30:00