ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresColombian Names and filling out I-129F and G-325A
QUOTE (StateSide @ Oct 20 2007, 09:40 PM) <{POST_SNAPBACK}>
Hi all...
My fiance is from Colombia. I am confused about their names and what to put down as their first name and last name. My fience has a first name and two last names. Her first last name is her fathers last name and her second last name is her mothers last name. It is my understanding that when she comes to America her mothers last name will be dropped. Now her children have two first names and two last names. It is my understanding that there is no middle last name as we know it here in America.

I paid Bob at Colombian Services to complete the papers for my fiance in Bogota and I have received her G-325A from him.

Under the "Family" name section of the I-129F, Bob wrote her fathers last name in capitals and in the same box also wrote her mothers last name in both upper and lower case. When I try to do this on the electronic version of the I-129F, it will only accept capitals.

Do I write both of her last names in capitals or do I leave this section blank and write it in following the same structure that bob used on her G-325A with black ink?

On the I-129F it asks for her childern's names in the format, (Name First/Middle/Last). I can not fit all of their two first names and two last names in this section and I was trying to avoid sending another "attachment document".

What if I simply write in smaller letters their names with black ink?
Do I write (First First/LAST Last)?


Now the visa pictures and "together" pictures...
I may have totally messed up here but would rather ask now that to get something rejected. I wrote on the back of the visa pictures only her Fathers last name in capitals and her first name in upper and lower case. I am now thinking I should have put both of her last names in the format that Bob used on the G-325A. (LAST Last, First).

Can I use white out and re write this?
Should I just draw a line through my mistake and write the correction below it?
Should i have her go take more visa photos and pay fifty bucks to have them shipped to me again?


Any assistance would be greatly appreciated...
Thanks, Stateside


maybe someone on the Latin America forum could answer this best for you.

http://www.visajourn...hp?showforum=96
Rob & JinNot TellingChina2007-10-21 07:08:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about fiancee's visit to U.S.
QUOTE (ELW @ Oct 20 2007, 03:49 PM) <{POST_SNAPBACK}>
QUOTE (Rob & Jin @ Oct 18 2007, 11:00 AM) <{POST_SNAPBACK}>
there have been many posts here of people being denied entry on tourist visas while their petition/visa is pending.

Maybe I haven't been reading as thoroughly, but I only recall one or two cases of entry being denied. I think it is relatively very rare. The approval of tourists visas at the Consulate level however is often denied while immigrant visa applications are pending.


I hope they have no problem, just if they do its a big waste of money, and also they will have to state denial of entry on p3/4 forms.
Rob & JinNot TellingChina2007-10-20 19:15:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about fiancee's visit to U.S.
QUOTE (Varun @ Oct 18 2007, 08:10 AM) <{POST_SNAPBACK}>
QUOTE (ELW @ Oct 14 2007, 11:05 AM) <{POST_SNAPBACK}>
Often they tell you of the interview date at least a month beforehand, often 1.5 - 2 months before, so I would not worry about it. Hopefully she will receive Packet 3 and return it before she leaves to USA for the visit. If not, she can always prepare Packet 3 before she leaves and have a relative send it in (or hand it over herself at the Consulate if she knows they received her case).

Our interview was scheduled over 2 months after our NOA2, and Chennai is typically the fastest Indian Consulate. I would make a wild guess that the interview might not be until January, but maybe Delhi applicants can offer more insight here.


Thank you again for your advice. It is a big relief to know that she can safely visit the U.S. without missing the interview.


Be careful, even with evidence of ties and intent to return there is NO way of knowing if they will let her in. They may just turn her around and she will have to buy a ticket home that day. My advice is its much safer if you go there while your K-1 is pending, its just to risky and there have been many posts here of people being denied entry on tourist visas while their petition/visa is pending.
Rob & JinNot TellingChina2007-10-18 13:00:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about fiancee's visit to U.S.
QUOTE (Varun @ Oct 13 2007, 08:11 AM) <{POST_SNAPBACK}>
Hi all--

My fiancee is an Indian citizen and I applied for her fiancee visa in June and just received the NOA2 recently. Prior to receiving NOA2, she had planned a vacation here in the U.S. in mid November for 2 weeks. This is simply a vacation for the both of us and we will not be getting married during this trip. She already has a tourist visa which she obtained months before I applied for a fiancee visa and has travelled once on it already.

I was told by someone that since I have now applied for the fiancee visa, her tourist visa is no longer valid. I am trying to find out if there is any reason I should be concerned about her trip or if I should cancel it altogether.

I am also concerned if her interview date is scheduled by chance to be on a date when she is in the states. Anyone know if you can re-schedule those quite easily or if that is not advisable?

Thank you for your assistance!

Varun


She may well be denied entry , its risky.
Rob & JinNot TellingChina2007-10-13 09:17:00
K-1 Fiance(e) Visa Process & ProceduresVaccinations for Embassy Appointment
QUOTE (caro06 @ Oct 21 2007, 03:14 AM) <{POST_SNAPBACK}>
I can't find an "official" list of the vaccinations i need to have for the doctor appointment before the visa interview
I'm French and I'm 25
We're still waiting for our NOA2 so I don't have the embassy letter yet but I want to get ready as quickly as possible
Can you help me?

On the other hand, what are the examinations I can do before the appointment?
I'd like better to do as much as I can in my home city with my usual doctors rather than in the stress before the interview in Paris.

Thanks for your help smile.gif


K-1 is a non-immigrant visa you dont need any vaccinations. However you will for AOS later, if you go to the DOS Web site it lists them there. Many people get them before moving her for convenience and cost.
Rob & JinNot TellingChina2007-10-21 05:33:00
K-1 Fiance(e) Visa Process & ProceduresA question
QUOTE (~Laura and Nick~ @ Oct 21 2007, 01:27 PM) <{POST_SNAPBACK}>
QUOTE (Bob & Kim @ Oct 21 2007, 03:17 PM) <{POST_SNAPBACK}>
QUOTE (~Laura and Nick~ @ Oct 21 2007, 10:47 AM) <{POST_SNAPBACK}>
QUOTE (stuartx13 @ Oct 21 2007, 03:15 AM) <{POST_SNAPBACK}>
Ya i see and the citizenship take 10 - 12 years at the current time no wounder we have 12 million illegals.


Also, you have started the K-1 process correct? If that is the case then I don't think they will allow her to enter any other way unless it's just a visit and she shows strong ties to her home country and plans to return, even then they could deny her visit.

I would just wait out the K-1 process and then worry about work once she gets to the U.S.

Best of luck smile.gif




he is talking about his fiancee's sister becoming a domestic helper for his sister, not about his fiancee becoming a domestic helper.

ahh! lol thanks I got confused wacko.gif


Not quite sure what to make of it, thats all i'm going to say.
Rob & JinNot TellingChina2007-10-21 14:39:00
K-1 Fiance(e) Visa Process & ProceduresDS-156
QUOTE (piosenka @ Oct 21 2007, 05:06 PM) <{POST_SNAPBACK}>
I'm preparing for our K1 interview and went to have my fiance fill out the DS-156 but it says it expires 9/30/2007?

https://evisaforms.state.gov/ds156.asp

What will happen if we turn in an expired ds156? I cannot locate the updated one...

Does anyone have a link to one after 9/30?



Try the DOS website -non-immigrant visa- forms
Rob & JinNot TellingChina2007-10-21 18:21:00
K-1 Fiance(e) Visa Process & Procedureswithout written name at the back of our photos...
QUOTE (Tanjay @ Oct 21 2007, 11:11 AM) <{POST_SNAPBACK}>
QUOTE (kingstonjamaica @ Oct 21 2007, 10:04 AM) <{POST_SNAPBACK}>
QUOTE (jasman0717 @ Oct 21 2007, 11:00 AM) <{POST_SNAPBACK}>
QUOTE (Karin und Otto @ Oct 21 2007, 07:47 AM) <{POST_SNAPBACK}>
QUOTE (Ken-Hermily @ Oct 21 2007, 09:43 AM) <{POST_SNAPBACK}>
hi everyone!! my fiance sent our application already....he told me that he forgot to write our names at the back of our photos..... anybody in here who has the same case with ours too? hope to hear from you soon...thanks much...God bless us all!!

Ken-Hermily,

I wouldn't worry too much about it too much... good.gif


good.gif Take a lot of photos to the interview. Claudeth took 3 3-ring binders full of photos tongue.gif

I'm almost sure you'll be getting a RFE, they need you to identify the people in the picture. I'm not sure if there is anything you can do now. good luck.


I am hoping they can identify us by the passport photos included. Even without names written on the personal photos taken together. We will see.....


You dont need to write your name on the meeting photos ( at least i never saw that written anywhere), but you do on the passport style photos, not sure if this will cause a RFE, maybe will depend on if they sent copies of both passports.
Rob & JinNot TellingChina2007-10-21 14:48:00
K-1 Fiance(e) Visa Process & ProceduresForward dating g-325a?
QUOTE (wittyremark @ Oct 22 2007, 06:04 AM) <{POST_SNAPBACK}>
I'm afraid I made my question too complicated. What I really mean to ask is: does your "present" address on G-325 need to match your address on I-129? Can I put my parents' address (which is my permanent address) on I-129 and put my current overseas address on G-325. Or will just confuse the visa people and cause problems?


How long have you lived in china ? you best option maybe to marry there and file DCF. Oh join " A candle for love" its a china specific site and very good.
Rob & JinNot TellingChina2007-10-22 07:12:00
K-1 Fiance(e) Visa Process & ProceduresWould previous denied non-immigration visa affect K1?
QUOTE (E & S @ Oct 17 2007, 09:44 AM) <{POST_SNAPBACK}>
My fiance (USC) and i have known each other for soon 3 years and I actually spent quite a lot of time with him while I was in the US 5 times on business visa (b1), each time I spent 2 - 3 months - never over stayed. Earlier this year I was accepted by a university in the US so I tried to apply for student visa (F1) to go to that school, however my F1 was refused just because the school is not famous and that I have a BA degree already while getting another BA.. I actually re-tried my F1 and the 2nd time was turned down too in Sept this year.

I am just a bit concerned that this "history" would cause trouble for our K1 application. any idea?

thanks!!


Hope to see you on CFL, good people there, help you alot and they are more fun than VJ.
Rob & JinNot TellingChina2007-10-17 18:28:00
IR-1 / CR-1 Spouse Visa Process & Proceduresmarriage with an international student
QUOTE (ale25 @ Oct 14 2008, 08:03 PM) <{POST_SNAPBACK}>
Hello everybody. I married my boyfriend the last month. He is an international student from Peru and has been studying here for about 2 years and a half. We have been together almost 3 years . I got here on may and I got the citizenship status through my father. We hired an attorney to help us with the applications and everythin, and we sent the papers last week. Today we went to the academic counselor in his college and she told us that our marriage doesnt affect his status. His visa and his I20 will expire in december. She told us that until he doesnt get the green card the only legal way to stay here is as an international student. We dont have money to pay school based on an out-of-state rate and we want to know if this explanation was true. She also told us that we have to wait a year after he gets his green card to get the in-state rate. So pretty much she told us that he will have to leave if he doesnt renew his I20 and keep studying as an international student next semester. I knew that as long as you prove that you have been resident in FL for at least 12 months or marry a FL resident you can get the in-state rate. What worry us the most is that if we dont pay this next semester he will be out of legal status according to the counselor said. So I was wondering if this is true and also what would be a solution if we cant pay school next semester. Thank you.


Complete and sovereign Bullsh!t! He can stay in the US since his status has changed from intl. student to foreign spouse adjusting status. Don't worry ale, that advisor is out of his/her mind. I would advise to go back and let her/him know that what he/she said is completely wrong. Your husband has the right to stay "legally" in this country (he cannot leave the US unless he receives his Advance Parole or Green Card though) but he can stay as long as he is married to you and his case is being reviewed by USCIS.

That's correct, he has to wait one year to be able to pay in-state, don't know about the part regarding marriage to a FL resident though.

Edited by GueraYTavo, 14 October 2008 - 10:59 PM.

EstebanTrabajosMaleMexico2008-10-14 22:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresOur dramatic experience at US embassy in El Salvador
I can say just one thing...

DAMN! The path was rough but the result was worth it wink.gif I'm happy for u both
EstebanTrabajosMaleMexico2008-05-16 12:58:00
IR-1 / CR-1 Spouse Visa Process & Proceduresliving in china... how!
QUOTE (Donato @ Oct 19 2007, 02:49 AM) <{POST_SNAPBACK}>
for SURE this isnt the right place to ask this question, but i dont know where else to go! Even "candle for love" is evil and doesnt let me ask, and thats supposed to be for my kind of situation.

anyway.. here we go..

Im going to china on jan. 17, 2008, and i want to live there until my wife's visa (CR-1) goes through. i JUST got the NOA1 like, 2 weeks ago... that took FOREVER (month and a half at least)... so i'm probably gonna have to wait a long while in china... actually.. our wedding is march 26 in Guangzhou. I doubt the visa will even be available by that time! (but lets hope it is). anyways.. so my plan is to stay in china at least 3-6 months. and i'll NEED to exit mainland to go to HK/Macau a couple of times (3 or so) in those months. AND i would want to work too (probably illigally, as a teacher or something..but it would be nice to do so legally). anyways... i went to the chinese embassy web site and its so confusing... I wont begin to pretend to understand. but yes, ive checked it out.

the point is.. i need help! who can tell me what i should do? what i should apply for? how can i enter and exit so many times easily? or at least be allowed to stay in GZ for more then 30 days at a time. i want to live with my wife in peace.
help me VJ.com! I dont know who else to ask!


CFL evil ? I dont recall having seen you there
Rob & JinNot TellingChina2007-10-19 13:38:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI think my case is lost....what can I do? Please help
call DOS at 202-663-1225-1-0

You will need either your case # or ss # and benificiaries name, they should be able to track it down

Good luck good.gif
Rob & JinNot TellingChina2008-04-25 12:22:00
K-1 Fiance(e) Visa Process & Proceduresmarry in Hong Kong

From what i have read get her a permit to HK get married there,file K3 will save you about 3-4 months, the K1 process through GUZ seems like a very long nighmare lottery. :wacko:


sorry by state here will save you abou 1 1/2 months


Maybe but if you've already met, you can file the petition for a fiance visa now. Marriage in HK is somewhat cumbersome and you can't file until after you get married. That takes a minimum of a month to arrange. Just google "marriage in Hong Kong" for the details.


really, ok you guys are a well of knowledge, glad you are here to help us newbies, we have filled for K1 already, the wait is horrid

Edited by Rob & Jin, 09 August 2007 - 11:57 PM.

Rob & JinNot TellingChina2007-08-09 23:53:00
K-1 Fiance(e) Visa Process & Proceduresmarry in Hong Kong

From what i have read get her a permit to HK get married there,file K3 will save you about 3-4 months, the K1 process through GUZ seems like a very long nighmare lottery. :wacko:


sorry by stats here will save you about 1 1/2 months, and its not a lottery which the mainland seems to be

Edited by Rob & Jin, 09 August 2007 - 09:26 PM.

Rob & JinNot TellingChina2007-08-09 21:22:00
K-1 Fiance(e) Visa Process & Proceduresmarry in Hong Kong
From what i have read get her a permit to HK get married there,file K3 will save you about 3-4 months, the K1 process through GUZ seems like a very long nighmare lottery. :wacko:
Rob & JinNot TellingChina2007-08-09 21:07:00
K-1 Fiance(e) Visa Process & ProceduresNOA1 & NOA2 Dates
QUOTE (Bill y Bella @ Sep 8 2007, 01:49 PM) <{POST_SNAPBACK}>
My apologies for multiple posts of the same thing, but I think that it is important that everyone is aware of this.

As some of you may remember, I raised the question a while back as to what dates should be entered as the NOA1 & NOA2 dates on a VJ timeline. There were a lot of opinions expressed, but personally I was still not comfortable that I knew the correct answer.

I was beginning to write a letter today to the moderators asking them to provide a clear answer to this question. As I was looking at the timeline edit page to double check my terminology I noticed a link entitled How to find your NOA date.

Is this new or was it there all the time? I do not remember seeing it before. In any case, this link makes it clear that the date that should be entered as the NOA date on a VJ timeline is the Notice Date on the hard copy of the I-797 Notice of Action. This has nothing to do with how USCIS handles petitions. It is simply a VJ procedural guideline that is provided so that everyone is entering data on a consistent basis.

This guideline applies to both the NOA1 and the NOA2 date.

If we all update our timelines to reflect this, then the VJ statistics and projections will be as accurate and consistent as possible.


i agree
Rob & JinNot TellingChina2007-09-08 20:32:00
K-1 Fiance(e) Visa Process & Procedurespreemptive strike
QUOTE (pushbrk @ Sep 7 2007, 01:36 PM) <{POST_SNAPBACK}>
QUOTE (bszoom42 @ Sep 7 2007, 11:16 AM) <{POST_SNAPBACK}>
I think you should wait and hope for the best!


USCIS will accept those pictures but you'll want to get the right ones for the interview.



I agree
Rob & JinNot TellingChina2007-09-08 20:36:00
K-1 Fiance(e) Visa Process & ProceduresG-325A Question
QUOTE (pushbrk @ Sep 10 2007, 12:52 AM) <{POST_SNAPBACK}>
QUOTE (pj1959us @ Sep 9 2007, 11:42 PM) <{POST_SNAPBACK}>
In that situation I would put "none" since it was an error and it isn't as if she actually goes or ever gone by that name. A letter of explanation would be a good idea and support your document if they notice a difference.

Good luck to you!

PJ


Yes, I would write none and "see attached". Provide an attachment referring to the question by number, using the explanation you gave in your post. Of course, make sure all her ID is currently correct. They'll understand. There may be as many as four different characters that would transliterate to the same pinyin.



I AGREE
Rob & JinNot TellingChina2007-09-10 12:06:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Visa and Bankruptcy
QUOTE (almaty @ Sep 11 2007, 01:30 PM) <{POST_SNAPBACK}>
it does not matter..it has nothing to do with debt or debt status.
...but income is the measure


Really, you dont think it would raise any concerns? what if your fiancee is from a high visa fraud country ?
Rob & JinNot TellingChina2007-09-11 16:06:00
K-1 Fiance(e) Visa Process & Procedurestypical US Laywer fees for filing K-1 Visa?
QUOTE (anarcho @ Sep 6 2007, 08:40 PM) <{POST_SNAPBACK}>
What is the typical lawyer fees for filing a K-1 Visa. I was quoted over $3000 and that is not including any of the regular fees (application fee, work permit, etc...). I am a Canadian citizen looking to move to the USA to be with my fiance. The price seems steep just to fill out some papers and prepare us for the interview.

Also, once you are married there is a 2 year period that you must stay together in order to keep your residency, correct? During this 2 year period am I allowed to leave the USA at all (like on vacation)?


thank you


I wouldn't waste your money on one.
Rob & JinNot TellingChina2007-09-07 13:10:00
K-1 Fiance(e) Visa Process & Procedurespossible RFE?
QUOTE (ericdraven @ Sep 13 2007, 04:20 PM) <{POST_SNAPBACK}>
Thanks for taking the time out to answer. I'll get some done this weekend. just incase


For the interview you need the correct size
Rob & JinNot TellingChina2007-09-13 17:27:00
K-1 Fiance(e) Visa Process & Proceduresanother I-134 question
QUOTE (charlene @ Sep 13 2007, 04:41 PM) <{POST_SNAPBACK}>
we were told that only the co-sponser had to submit an I-134 but after doing some research I found that the petitioner ALWAYS must submit on I-134 even if you have a co-sponser....so we are doing both..better safe than sorry....


both sponser and co- sponser need to submit I-134 each
Rob & JinNot TellingChina2007-09-13 17:52:00
K-1 Fiance(e) Visa Process & ProceduresHow to sponsor fiancee over to US?
QUOTE (please help @ Sep 13 2007, 11:32 AM) <{POST_SNAPBACK}>
Hello all,

I went back to VietNam last Sept 2006. I met him and then we started to talk and keep in touch. He is a divorced father with three children. Until now, I don't have any record of any emails, chat, or phone bills bc I wasn't intented to get marry with him due to his situation. We kept in touch, then I called it off one time, so I had erased everythings. Then over this summer, I went back to VN with my family again, somehow I ended up contacting him and talk with him. Up until now, we keep contact and I feel that I can't live without him. I love his children. I want them to be part of my family, so I decided to start filing paper works for him.

Here are my few questions:

1. I know I have to begin file I-129F right?
2. Do I have to file K-1 visa too? Or it will come later?
3. Due to lack of evidences up until these days, will it effect my case?
4. What kind of paper works my fiancee need to files in his country? He is in Ha Noi, Viet Nam.
5. Can he file his paper works in Ha Noi or he have to file them in Saigon?
6. Since my family is all over here, I don't want to do an engage ceremony or anything. I want to do everything here. Is that okay?

Thanks for your advices.


1+ 2, you will file for a K1 visa using the I-129f
3. if you kept boarding passes and have photos together should not
4. he will file G325 a with I -129f along will you, and some other documents, ie passport,ID, intent to marry letter,any divorce papers ( all must be copied into english and notarized)
5. Ha Noi, but this for p3- p4 stuff- not petition
6. yes thats ok
Hope this helps
Rob & JinNot TellingChina2007-09-13 17:02:00
K-1 Fiance(e) Visa Process & ProceduresWhen am I free to remarry?
QUOTE (pushbrk @ Sep 13 2007, 06:20 PM) <{POST_SNAPBACK}>
QUOTE (Grid @ Sep 13 2007, 07:25 AM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ Sep 13 2007, 08:35 AM) <{POST_SNAPBACK}>
QUOTE (moxcamel @ Sep 13 2007, 06:30 AM) <{POST_SNAPBACK}>
QUOTE (Grid @ Sep 13 2007, 05:10 AM) <{POST_SNAPBACK}>
QUOTE (moxcamel @ Sep 12 2007, 11:28 PM) <{POST_SNAPBACK}>
IANAL, but the way it reads to me is that the date your divorce is final is the day the judge signs the final decree.

Thanks for your comment. You say the statute reads simple, could you indicate in which direction that your reading points ie., towards free to marry with the judge's signing of the final decree, or towards free to marry after the 30 day period in which appeals can be filed? Thanks


Well I didn't say it reads simple. laughing.gif

The statute says
A judgment of dissolution of marriage or of legal separation or of declaration of invalidity of marriage is final when entered subject to the right of appeal.

So it seems to me that unless your soon-to-be ex-wife is going to appeal the validity of the divorce, the judgement is final.

This is true, certainly for China (Guz) now, I dont know about other consulates,

Again, I'm not a lawyer. But I really doubt that Illinois state law is going to be radically different from most other states. Every state (AFAIK) allows an appeal. But all you need for the USCIS is the final decree with the judge's signature. That's all they care about. Unless your ex-wife is planning on making trouble, I wouldn't worry about it.


You're going to need a certified copy of your divorce decree to include with your I-129F filing. So, I would say when the court allows you to have that in your hot little hand, your free enough to marry, to file the petition. I find the "and either of the parties may remarry pending appeal" clause to be the most telling in the citation you gave but I'm not an attorney.

One caution would be that there is often some additional scrutiny of bona fides, when people meet and become engaged, while one or both is still married. I'd make sure you visit again after you are divorced and then document your relationship very well, if you intend to file the petition as quickly as you possibly can after the divorce is final.


pushbrk,
Thanks for your comment. I have had a 3yr relationship with my soon-to-be fiance and I will have been separated from my wife for 13 months when the final decree is signed. Over the the past 2 of these 3 years I have spent 3 month with her in Ukraine and vacationing in Europe. Why do you think that the quick turn around between divorce and filing the petition would attract extra scrutiny. Does this scenario smell of a fraud of some kind? If so, what would be the nature of the fraud. Could there be other issues here that would attract scrutiny? Thank you for your suggestion of making a trip to see her shortly after the divorce.


The quick filing after divorce fits an element of the general fraud profile of a relationship entered into to secure an immigration benefit. In this scenario, "marriage" is a technical matter to dispose of, enter into, and then dispose of again. The additional element you just disclosed is that your relationship with the "fiancee" began while you and your wife were still living together. This fortifies the fraud concern by adding the possibility your "wife" is in on the fraud. Often the petitioner will be asked to show evidence he and the former spouse have separate domiciles. They may ask for her SSN and actual evidence she has a utility bill in her name at a different address or more.

It's not the Consular officer's job to moralize as to you starting your relationship with your fiancee while still married and I'm not doing that either. It IS their job to ferret out fraud and deal with it appropriately. So, it is best to be aware and prepared to potentially need to meet a higher standard of evidence with regard to your bona fides.

This is true, certainly for China (Guz) now, I dont know about other consulates, thats why you need the " kitchen sink"
Rob & JinNot TellingChina2007-09-13 20:41:00
K-1 Fiance(e) Visa Process & ProceduresWhen am I free to remarry?
QUOTE (Grid @ Sep 13 2007, 03:49 PM) <{POST_SNAPBACK}>
QUOTE (Rob & Jin @ Sep 13 2007, 04:46 PM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ Sep 13 2007, 07:35 AM) <{POST_SNAPBACK}>
QUOTE (moxcamel @ Sep 13 2007, 06:30 AM) <{POST_SNAPBACK}>
QUOTE (Grid @ Sep 13 2007, 05:10 AM) <{POST_SNAPBACK}>
QUOTE (moxcamel @ Sep 12 2007, 11:28 PM) <{POST_SNAPBACK}>
IANAL, but the way it reads to me is that the date your divorce is final is the day the judge signs the final decree.

Thanks for your comment. You say the statute reads simple, could you indicate in which direction that your reading points ie., towards free to marry with the judge's signing of the final decree, or towards free to marry after the 30 day period in which appeals can be filed? Thanks


Well I didn't say it reads simple. laughing.gif

The statute says
A judgment of dissolution of marriage or of legal separation or of declaration of invalidity of marriage is final when entered subject to the right of appeal.

So it seems to me that unless your soon-to-be ex-wife is going to appeal the validity of the divorce, the judgement is final.

As long as you meet within the last 2 years for petition thats fine, For interview you need to show ongoing relatioship, so i would suggest yes visit again at least once
Again, I'm not a lawyer. But I really doubt that Illinois state law is going to be radically different from most other states. Every state (AFAIK) allows an appeal. But all you need for the USCIS is the final decree with the judge's signature. That's all they care about. Unless your ex-wife is planning on making trouble, I wouldn't worry about it.


You're going to need a certified copy of your divorce decree to include with your I-129F filing. So, I would say when the court allows you to have that in your hot little hand, your free enough to marry, to file the petition. I find the "and either of the parties may remarry pending appeal" clause to be the most telling in the citation you gave but I'm not an attorney.

One caution would be that there is often some additional scrutiny of bona fides, when people meet and become engaged, while one or both is still married. I'd make sure you visit again after you are divorced and then document your relationship very well, if you intend to file the petition as quickly as you possibly can after the divorce is final.


Nope you dont need a certified copy for the petition, read the instructions on filling, just a copy is fine, original for interview is a good idea, in your " kitchen sink". I agree you need to visit again they tend to look a little closer at these kind of cases , visit, save emails, record web cam , save phone and messaging conversations. You may not get ask at interview/ you may, remember hope for the best prepare for a overcome, hope that helps


Are you thinking that I need to visit again before I file the petition or before the interview at the embassy? Thanks

Rob & JinNot TellingChina2007-09-13 17:35:00
K-1 Fiance(e) Visa Process & ProceduresWhen am I free to remarry?
QUOTE (pushbrk @ Sep 13 2007, 07:35 AM) <{POST_SNAPBACK}>
QUOTE (moxcamel @ Sep 13 2007, 06:30 AM) <{POST_SNAPBACK}>
QUOTE (Grid @ Sep 13 2007, 05:10 AM) <{POST_SNAPBACK}>
QUOTE (moxcamel @ Sep 12 2007, 11:28 PM) <{POST_SNAPBACK}>
IANAL, but the way it reads to me is that the date your divorce is final is the day the judge signs the final decree.

Thanks for your comment. You say the statute reads simple, could you indicate in which direction that your reading points ie., towards free to marry with the judge's signing of the final decree, or towards free to marry after the 30 day period in which appeals can be filed? Thanks


Well I didn't say it reads simple. laughing.gif

The statute says
A judgment of dissolution of marriage or of legal separation or of declaration of invalidity of marriage is final when entered subject to the right of appeal.

So it seems to me that unless your soon-to-be ex-wife is going to appeal the validity of the divorce, the judgement is final.

Again, I'm not a lawyer. But I really doubt that Illinois state law is going to be radically different from most other states. Every state (AFAIK) allows an appeal. But all you need for the USCIS is the final decree with the judge's signature. That's all they care about. Unless your ex-wife is planning on making trouble, I wouldn't worry about it.


You're going to need a certified copy of your divorce decree to include with your I-129F filing. So, I would say when the court allows you to have that in your hot little hand, your free enough to marry, to file the petition. I find the "and either of the parties may remarry pending appeal" clause to be the most telling in the citation you gave but I'm not an attorney.

One caution would be that there is often some additional scrutiny of bona fides, when people meet and become engaged, while one or both is still married. I'd make sure you visit again after you are divorced and then document your relationship very well, if you intend to file the petition as quickly as you possibly can after the divorce is final.


Nope you dont need a certified copy for the petition, read the instructions on filling, just a copy is fine, original for interview is a good idea, in your " kitchen sink". I agree you need to visit again they tend to look a little closer at these kind of cases , visit, save emails, record web cam , save phone and messaging conversations. You may not get asked at interview/ you may, remember hope for the best prepare for a overcome, hope that helps

Edited by Rob & Jin, 13 September 2007 - 04:48 PM.

Rob & JinNot TellingChina2007-09-13 16:46:00
K-1 Fiance(e) Visa Process & ProceduresWhen am I free to remarry?
QUOTE (Grid @ Sep 12 2007, 08:06 PM) <{POST_SNAPBACK}>
My wife and I have signed a divorce agreement that will be signed by the judge next month (that was a part of the agreement). As I understand it, the judge will, at that time, sign a final decree of divorce. But here's the wrinkle, the Illinois statue (See below) states that... "either of the parties may remarry pending appeal." All appeals must be filed with 30 days from the date that the divorce decree is issued. My question is, what does this mean regarding the date that my divorce is final as far as the K1 process is concerned? Thank you for your help.

(750 ILCS 5/413) (from Ch. 40, par. 413)
Sec. 413. Judgment.) (a) A judgment of dissolution of marriage or of legal separation or of declaration of invalidity of marriage is final when entered, subject to the right of appeal. An appeal from the judgment of dissolution of marriage that does not challenge the finding as to grounds does not delay the finality of that provision of the judgment which dissolves the marriage, beyond the time for appealing from that provision, and either of the parties may remarry pending appeal. An order directing payment of money for support or maintenance of the spouse or the minor child or children shall not be suspended or the enforcement thereof stayed pending the appeal.


You need the final decree, as you have to include it in your petition, its that simple
Rob & JinNot TellingChina2007-09-13 16:36:00
K-1 Fiance(e) Visa Process & ProceduresQuestion regarding visiting duration and amount of times
QUOTE (Dan + Gemvita @ Sep 13 2007, 03:41 PM) <{POST_SNAPBACK}>
QUOTE (Rob & Jin @ Sep 13 2007, 04:33 PM) <{POST_SNAPBACK}>
QUOTE (Darren&Laura @ Sep 13 2007, 01:07 PM) <{POST_SNAPBACK}>
Hi everyone.

Today I returned back to the UK after spending six weeks with Laura. I also visited in May (mid to late in the month) for 2 weeks.

We sent in our application on the 11th August while I was in the USA, but the visa application has not been actioned at all yet or the cheque cashed, (not that this should affect my question below.)

My question is this - How long would I need to spend in the UK before I can return to see Laura again while our case is pending. I understand that while I *should* be able to visit while our K1 is being processed, but there *may* be issues with the amount of time I am spending in the USA, (or is this only an issue if I spend more time over there than I do in the UK?) Putting aside our K1 application (unless this is an issue afterall), what do the immigration officials consider to be too many visits? Or is this a non-issue, could I theoretically stay for the whole three month duration of the tourist visa and then return to the UK for a few months, before doing the same?

I returned back from the USA today and am already going insane missing Laura and am wanting to return to see her asap - she is five months pregnant with our twins and doesn't have much family local to help so I want to be there as much as possible until we can be together permanently.


The more visits , the more time together the better, great proof of a relationship. You are in a lucky position as you can get tourist visas from the UK, impossible from China. Visit each other as often as you can.


VWP visits are limited to 90 days, but I do think there is a limit of how much time you can spend in the country over a year. Though I wasn't able to find exact information on that.


Yes duration of each visit is limited, but not how many visits as far as i know
Rob & JinNot TellingChina2007-09-13 17:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow do know the shipping date of NOA1 before received on mail?
NICE!!!! THANKS!!! :D
csoulMaleVenezuela2007-05-04 06:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow do know the shipping date of NOA1 before received on mail?
Hi to all.

I just sent all forms (I-130 plus all others) to Chicago. They received two days ago! and I read in several timelines (like user mononoke28) that some of you know when the Immigration Office sent the NOA1 before receive that document? How you get that first update?

Some Examples of timelines:

Mononoke28 User Timeline:
I-130/I-129F
CR-1/IR-1

01/17/07 - Married in Medellin, Colombia
02/05/07 - Sent I-130 to NSC (certified mail)
02/08/07 - NSC receives I-130 - signed by F. Gerard Heinauer
02/14/07 - CSC starts process and sends NOA1 in the mail (I still don't have it) <-------- THIS! HOW?? MAIL? EMAIL? CALL? :help:
02/16/07 - Touched

The_dip_sticks user timeline:
I-130
05/23/06 I-130 was sent to TSC.
05/30/06 Received Dated
06/15/06 NOA1 Receipt issued <-------- THIS! HOW?? MAIL? EMAIL? CALL? :help:
06/20/06 NOA1 arrived in the mail
09/13/06 Touched



We just start counting the hours to get at least the first update!!

Thanks.
csoulMaleVenezuela2007-05-04 01:30:00
IR-1 / CR-1 Spouse Visa Process & Procedureshelp please with NOA1 number
This will be very helpful for everybody:
Posted Image
csoulMaleVenezuela2007-05-04 16:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow to understand the USCIS Case Number
Posted Image
csoulMaleVenezuela2007-05-04 16:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview on May 7th
Justo, please after the interview give your review of the interview here. Normally the people only write here to ask a doubt or when need an answer but just a few leave experiences and reviews of good and finals events!

Good Luck!! B)
csoulMaleVenezuela2007-05-06 04:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview tomorrow
Justo! Keep us updated with the result!

And Good Luck!!! ESTAMOS CONTIGO!!
csoulMaleVenezuela2007-05-06 14:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat shipping method USCIS use to send the NOA1, NOA2, AP, EAD and Green Card?

Usually, USPS First Class is reliable and first. Why don't you call your post office and ask them to notify you when they get any mail from USCIS, NVC. That way, you can go to the post office and pick them up.

USPS First Class is actually VEEERY slow to my cabin! (I mean WEEKS!!) :crying:


Well the same problem... I tried several times but that "notification" of USPS takes almost the same time if I decide to wait for the mail. So at the end I prefer to wait directly for my mail.
csoulMaleVenezuela2007-05-08 08:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat shipping method USCIS use to send the NOA1, NOA2, AP, EAD and Green Card?
USPS First Class is actually VEEERY slow to my cabin! (I mean WEEKS!!) :crying:
csoulMaleVenezuela2007-05-08 07:18:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat shipping method USCIS use to send the NOA1, NOA2, AP, EAD and Green Card?
But... USPS Priority, normal (with stamps) service or Express? there is a HUGE difference between those methods using the same USPS... I mean living in my cabin I have problems (delays) with USPS (normal mail with stamps) but no problem with Priority or Express service.

Please be more specific, thanks.
csoulMaleVenezuela2007-05-08 06:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat shipping method USCIS use to send the NOA1, NOA2, AP, EAD and Green Card?
Hi again to all... I'm waiting for my NOA1. But I live in a cabin in Colorado a little bit far from the city so I have some long delays when somebody sent to me any mail using basic or cheaps methods like US Postal Service (with no Priority or Express).

What shipping method normally use USCIS to send the NOAs, EAD, AP and green card?

Thanks!!
csoulMaleVenezuela2007-05-08 05:43:00