ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresREPOST:STUDENT VISA overseas on which consulate SHOULD apply for k1?...HELLLPPP plsss!!!!
QUOTE (Ash_Cypress9507 @ Dec 29 2007, 12:35 PM) <{POST_SNAPBACK}>
Hi again everyone...sorry this is a re-post....hope u guys dont mind...am just desperate getting answers...: sad.gif

Firstly, thanks for all the helpful prompt replies to my first post earlier heart.gif ...But here i am again with another question. As i mentioned earlier our K1 visa process is ongoing and patiently waiting for our NOA2 (w/o RfE we hope, i am a filipino citizen and here currently in Germany on a Student Visa, and holds a visa valid until April. But me and my fiancee without a doubt, when we are preparing our 129-F packet to be sent to USCIS ( TOO excited to start the process SOONEST WE can blush.gif ...) filled in our Consulate to be in Frankfurt here in Germany thinking it will make our applications here faster possible as we wanted back TOGETHER SOONEST as everybody wish it to be. We were NOT able to check but we presume as i am holding a Permission to stay here in Germany as my school is on-going...(again one of the things, that we missed.. sad.gif Am trying to call US embassy here since yesterday and CAN'T get through gosh! and for 1.86 euros per minute....TOO MUCH for a Local call...but okey.as long as our queries be properly addressed...FINNNNEE!! mad.gif mad.gif mad.gif

So wishing to drop the worries before the New Year atleast and have smiles on our faces.....so here's what i wanted to know if any of you guys here has ideas on my situation:

Am I (being a filipino citizen on a STUDENT VISA) ELIGIBLE to apply for my K1 fiancee visa here in Frankfurt ( as we filled it in our 129-F form) or this would it require me to possibly go back to my country of origin and continue my K1 visa process there.????!!!??? helpsmilie.gif helpsmilie.gif helpsmilie.gif

Any advice on what is the smart thing to do?...Or helpful links maybe or more likely the same experience as mine?

Many thanks in advance and GREATLY APPRECIATE your advices guys.... smile.gif Me and my fiancee wishes everyone a PROSPEROUS(Speedy Approval kicking.gif ) 2008!!!! innocent.gif innocent.gif innocent.gif


Does being a student confer you resident status in Germany?
diadromous mermaidFemale02007-12-29 12:47:00
K-1 Fiance(e) Visa Process & ProceduresDo I need a Waiver
QUOTE (ginobili20 @ Jan 22 2008, 11:50 AM) <{POST_SNAPBACK}>
Hello everybody. My name is Diego, I´m from Argentina and this is the first time I post in this forum. I need some help please.
I entered illegaly to the US in 2002 (Tijuana-San Diego border). The same year I fell in love with Jane (US citizen) and had a great relationship with her until I had to leave the country (voluntarily) (and sadly) 3 years and 2 months later, in 2005.
She visited me here in Argentina on 2006 and we realized we still were very much in love.
On march 2007 she applied for the I129F. On october 2007 we met in Costa Rica (halfway point from Argentina and US:)
I sent all the documents to the embassy here and then they emailed me asking to wait until they schedule my interview.
January 16 2008 we got the email from the USCIS in which they say they have mailed the approval petition notice.
I still dont know when my interview will be. And have no clue whether I´ll need a waiver or not.
Does anybody have any idea? I really need a piece of advice.
Thank you very much.


You were given Voluntary departure?
diadromous mermaidFemale02008-01-22 12:52:00
K-1 Fiance(e) Visa Process & ProceduresUs Old Folks
Crikey, it appears I am really the matriarch of VJ! I hope more oldies post on this thread..not sure I want to hold that title. smile.gif
diadromous mermaidFemale02008-01-14 18:58:00
K-1 Fiance(e) Visa Process & ProceduresHardship for meeting within 2 years

Too add to this thread, anyone who attempts to petition for a Fiance, with whom they have not met in person, is nothing more than a fool.

Reason 1: You will not get a waiver.

Reason 2: On what basis is your belief that you know this person well enough to spend your life with them? Fantasy? Think divorce in short order.



Odd, indeed, that you would think that it is impossible to get a waiver and that to proceed without meeting the person is a recipe for disaster! Of course, I would prefer to meet my betrothed, and as a result I would not do it, but that could also be related to my culture. The regulations suggest that the meeting takes place within 24 months of the petition being filed. Note that there's a time period imposed. That doesn't mean that the indivduals have never met.

Further, what the regulations require is that the petitioner and beneficiary meet within 24 months of filing. Now if they haven't done so, a waiver is necessary. I can readily foresee situations where parties have met and have determined that the individual is right for the long term, but are unable, for one reason or another to do so within the 24 month allotment, say for health reasons on the part of the petitioner, and lack of visa options on the part of the beneficiary. And let's not forget that in some cultures much of the selection of a spouse is handled by the families. With arranged marriages, where culutural norms might suggest that it is not essential for the parties to meet, that doesn't necessarily mean that members of the family haven't had plenty of occasion to meet the betrothed and make sure it is an appropriate match. Me thinks you're looking too narrowly, William33. :)

Edited by diadromous mermaid, 23 September 2006 - 01:17 PM.

diadromous mermaidFemale02006-09-23 13:15:00
K-1 Fiance(e) Visa Process & ProceduresHardship for meeting within 2 years


I guess what I'm hoping for here is a collection of experiences of what worked and didn't work so that the entire community can be informed.

ok, I started reading immigration boards in early 2002. I confess to following a couple of them, er, pretty closely.
I have seen ONE of these waivers pass, many attempts, and there might be one other that did pass, but I can't find it.
The one that did pass, well, the 2 lawyers who were participating on the board at the time are fairly firm in their conviction that the petitioner lied and that the waiver was given under suspicious circs.

The one that I can't quite remember was brought up during this recent hubub; I think it was a guy on dialysis who could not make the flight to anywhere and she could not come to the US as a visitor.

The VJ member who made a recent attempt was claiming 'medical reasons' for why they could not meet in person.



Here's one that combined medical and financial hardship

Hi all at RHC,

This is such a paramount victory we should share this story with others who are unsure about their chances for success. I would first like to explain that I am legally blind and would have extreme difficulty in foreign travel. So the odds were already stacked against me. Hiring a Sighted Guide would crash my economy. USCIS has provisions in their rules for waiver of the first meeting on foreign soil. The petitioner is exempt from the requirements for a meeting if it is established that a hardship would occur. In my case, we felt that the financial burden was that hardship. This case was appealed at the level of Commissioners Office In Washington D. C. and we won. I also believe that this case will set precedence for other cases to come. USCIS is not known for their sensitivity towards anyone?s feelings but this approval may say that policies are changing. They finally must realize that because a person may not see or walk, they still love and want to be loved. Thanks for being steadfast with this case, you hung in there and saw it to the end..

Dan K.
(Russia to the USA)


diadromous mermaidFemale02006-09-22 19:27:00
K-1 Fiance(e) Visa Process & Proceduresi129 and work status
QUOTE (narzel @ Feb 12 2008, 06:53 PM) <{POST_SNAPBACK}>
doesnt my tax return and w=2s show that

Who issues the w-2 for you? That is your employer. I am curious why you receive a W-2, if you are trully a contractor. Typically, contractors would get an 1099 form that indicates all fees paid to them.
diadromous mermaidFemale02008-02-12 19:11:00
K-1 Fiance(e) Visa Process & ProceduresCAN FIANCEE WITH TOURIST VISA WAIT IN THE U.S. FOR K1 APPROVAL
QUOTE (darlandta @ Feb 17 2008, 02:19 AM) <{POST_SNAPBACK}>
My (foreign) girlfriend and I are forging ahead with applying for a K1 visa. She has a valid tourist visa, though, and planning to come back in June. Can we file for a K1 visa before June and still have her come to visit and/or wait for the K1 approval here in the U.S.? Or can she come here in June THEN we file the K1 visa while she's here and we wait it out together here in the U.S.? I apologize if this has been asked before, but i haven't seen a thread that explicitly deals with this (common, i would think) situation. Thanks!

If she visits prior to filing the K-1 to wait here in the USA, just as a caution, if asked at the POE the purpose of her visit, what will she say?
diadromous mermaidFemale02008-02-17 13:37:00
K-1 Fiance(e) Visa Process & ProceduresVery strange K1 situation
QUOTE (hulsey06 @ Feb 10 2008, 04:28 PM) <{POST_SNAPBACK}>
you're all right of course .. don't think he's not been told or doesn't know himself .. he is obviously clutching at straws as he is desperate to stay here ... what if he stayed past the I94 expiration date and then got married ( i think he is out of status by a month or so now ...would he encounter a problem the first time he went home and tried to come back ? ) also will the SS number he got be switched off? he has had it since he was a student back in 2000 and he did a years OPT before going home for a bit and coming back with the K1.

Side note but way more important because it involves me lol ! I will soon be married ... do you think I need a lawyer to help me through the whole process .. status changes etc ... getting the forms to leave the country for a week in August (another friends weddding!) ?

Thank you all for your help .. you're all really brilliant!


If he wishes to return without a bar to admissibility then he will have to leave the US and return to his homeland before 180 days passes.
diadromous mermaidFemale02008-02-17 16:38:00
K-1 Fiance(e) Visa Process & ProceduresCountry Tour Visa?
QUOTE (singh @ Feb 19 2008, 07:08 PM) <{POST_SNAPBACK}>
Well Im USA citizenship and my fiance is in INDIA, I say about tour visa to england, germany and canada, because its 6 months duration for that visa and the canada is 45min away from my city so I can get easly meet my fiance everyday by going there, thats why I say canada tour, and so while we waiting for our AP to be clear and granted my fiance a visa she can be reside in canada on tour visa and we can meet each other so easly thats all I wanted while I wait for my visa I cant stay away from my love, its so hard


If she's in Canada, how would she know when her AP is completed? Wouldn't that place her in aposition where she might miss some important step?
diadromous mermaidFemale02008-02-19 19:14:00
K-1 Fiance(e) Visa Process & ProceduresCountry Tour Visa?
QUOTE (singh @ Feb 19 2008, 06:54 PM) <{POST_SNAPBACK}>
Hi there, me my fiance has been stuck into the AP from last 11 months now and still nothing happen yet, I am really pissed of at immigration at this point. Its beeing hell life for me and my fiance.

I have several question, please if anybody has good idea reply, I wanted to know that if my fiance could apply for the tour visa to several countries like, england, canada germany etc, while waiting for the K1 case to be clear which is going under AP right now, will it be possible that she will get these tour visa, because at this point I think we all cross all the waiting limit now, I just wanted to be with my love, and i dont think this AP will be going to clear very soonest, wat I hear from many peoples that it takes years to clear out, and its imposible to wait 4 me this long now

so I thought would try another way to get my love here, or its possible?
please if anybody had any idea on this help me out

How would a tourist visa to England, Canada or Germany bring her here, for starters?
diadromous mermaidFemale02008-02-19 19:03:00
K-1 Fiance(e) Visa Process & ProceduresIn desperate need of HELP
QUOTE (Donny @ Dec 17 2007, 03:59 AM) <{POST_SNAPBACK}>
I knew it!!!! whistling.gif
I only needed to have such title to get your attention! wink.gif


Okay, here it goes..... I did post this question a couple of days ago in another thread where it actually belongs! But it was gathering dusts there & I haven't seen anyone that even tried to read that thread.


This is the question.....

"For instance the G-325A form submitted are 4 copies yet the pages are not exactly 1, 2, 3, and 4. Is this reason enough for the service center to send RFE to the petitioner for the correct pages of such form?"

helpsmilie.gif --- I know I'm exag wink.gif

Dubious. This form, while a part of the submission, I've heard is rarely consulted.
diadromous mermaidFemale02008-02-22 19:54:00
K-1 Fiance(e) Visa Process & ProceduresQuestion...has anyone been through an K-1 interview that had a violation of status under a previous visa stamped D/S (Duration of Status)???
QUOTE (Joanna&Bobby @ Feb 24 2008, 06:44 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Feb 24 2008, 11:39 PM) <{POST_SNAPBACK}>
QUOTE (Joanna&Bobby @ Feb 24 2008, 06:22 PM) <{POST_SNAPBACK}>
QUOTE (Joanna&Bobby @ Feb 24 2008, 11:06 PM) <{POST_SNAPBACK}>
I know this is a long shot but I am looking for someone that could share their personal experience with an interview of this nature. I greatly appreciate it!

No, there was no finding of violation and left usa on own accord.

My understanding of Duration os Status is that a violation must be found by an adjudicator or an immigration judge.

Yes, this is the case law on D/S. Had you been through such an interview for a K-1? Do you know someone who has??

QUOTE (diadromous mermaid @ Feb 24 2008, 11:41 PM) <{POST_SNAPBACK}>
Did you work outside the realm of the Au Pair programme?

No, not at all.

Hmm. Then did you remain in the USA, after you concluded your Au Pair owrk? If you depart the US before a determination is made, then there is no period of unlawful status.
diadromous mermaidFemale02008-02-24 18:52:00
K-1 Fiance(e) Visa Process & ProceduresQuestion...has anyone been through an K-1 interview that had a violation of status under a previous visa stamped D/S (Duration of Status)???
Did you work outside the realm of the Au Pair programme?
diadromous mermaidFemale02008-02-24 18:41:00
K-1 Fiance(e) Visa Process & ProceduresQuestion...has anyone been through an K-1 interview that had a violation of status under a previous visa stamped D/S (Duration of Status)???
QUOTE (Joanna&Bobby @ Feb 24 2008, 06:22 PM) <{POST_SNAPBACK}>
QUOTE (Joanna&Bobby @ Feb 24 2008, 11:06 PM) <{POST_SNAPBACK}>
I know this is a long shot but I am looking for someone that could share their personal experience with an interview of this nature. I greatly appreciate it!

No, there was no finding of violation and left usa on own accord.

My understanding of Duration os Status is that a violation must be found by an adjudicator or an immigration judge.
diadromous mermaidFemale02008-02-24 18:39:00
K-1 Fiance(e) Visa Process & ProceduresQuestion...has anyone been through an K-1 interview that had a violation of status under a previous visa stamped D/S (Duration of Status)???
QUOTE (YuAndDan @ Feb 24 2008, 06:17 PM) <{POST_SNAPBACK}>
Violation of status on a visa to the USA or another country?

I suspect a former student in the USA, possibly. smile.gif
diadromous mermaidFemale02008-02-24 18:19:00
K-1 Fiance(e) Visa Process & ProceduresQuestion...has anyone been through an K-1 interview that had a violation of status under a previous visa stamped D/S (Duration of Status)???
QUOTE (Joanna&Bobby @ Feb 24 2008, 06:06 PM) <{POST_SNAPBACK}>
I know this is a long shot but I am looking for someone that could share their personal experience with an interview of this nature. I greatly appreciate it!

Has an immigration judge or adjudicator declared you in violation of status?

Edited by diadromous mermaid, 24 February 2008 - 06:15 PM.

diadromous mermaidFemale02008-02-24 18:14:00
K-1 Fiance(e) Visa Process & ProceduresCan the immigration officer see it?
QUOTE (FirmRich @ Mar 3 2008, 08:08 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Mar 4 2008, 12:55 AM) <{POST_SNAPBACK}>
There always a chance you could be refused entry. Whether this will occur will depend upon how significant the ties you have in your homeland are at the time you enter. Granted, you have a K-1 in process, but the more personal business you have remaining in your home country that would need your personal attention to wrap up, the better


What do you mean the more personal business in England that would need my personal attention to wrap up? Please expand.

Regards,

Richard

Flat with current lease, mortgaged home, bank accounts with balances in them, job, automobile.......
diadromous mermaidFemale02008-03-03 20:13:00
K-1 Fiance(e) Visa Process & ProceduresCan the immigration officer see it?
QUOTE (FirmRich @ Mar 3 2008, 07:36 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Mar 4 2008, 12:29 AM) <{POST_SNAPBACK}>
Why can't you tell the CBP POE agent the truth? smile.gif


I can tell them the truth, but i was told that the chances of them believing this are really slim, although it is completely true. His illness is very bad and his condition is getting worse and i am needed to help out around the home. What is my best bet, if i have been on the VWP for about 80 days a month or slightly more before this current visit to also help out, (but when the k-1 was not being processed) I could get hospital letters, letters from the father himself. What would be best advised?

Kind Regards,

Rich


There always a chance you could be refused entry. Whether this will occur will depend upon how significant the ties you have in your homeland are at the time you enter. Granted, you have a K-1 in process, but the more personal business you have remaining in your home country that would need your personal attention to wrap up, the better.
diadromous mermaidFemale02008-03-03 19:55:00
K-1 Fiance(e) Visa Process & ProceduresCan the immigration officer see it?
QUOTE (FirmRich @ Mar 3 2008, 07:27 PM) <{POST_SNAPBACK}>
My question is, if you have a K-1 visa in the process, all be it if the petition has been submitted, with or without approval, or if you have returned the forms from your home country and are waiting to be invitied for an interview, and you visit the usa to take care of your fiance's father who is really sick and help around the home using the Visa Waiver Programme, can the immigration officer see this at the port of entry, that you have an application processing, without you submitting the information? If you said visiting a friend would he be able to tell that it was a straight lie from his screen or something?

Kind Regards,

Rich

Why can't you tell the CBP POE agent the truth? smile.gif
diadromous mermaidFemale02008-03-03 19:29:00
K-1 Fiance(e) Visa Process & Proceduresfiance went home
QUOTE (pokernut @ Mar 29 2008, 09:28 PM) <{POST_SNAPBACK}>
should I let immigration know she went back to her home country??



You can let USCIS know that you will not be participating in her case anymore, if you wish.
diadromous mermaidFemale02008-03-29 21:31:00
K-1 Fiance(e) Visa Process & ProceduresFiance Visa denied for a silly reason
QUOTE (chris4gretchen @ Apr 14 2008, 03:47 PM) <{POST_SNAPBACK}>
QUOTE (Chuck & Rosi @ Apr 12 2008, 02:40 PM) <{POST_SNAPBACK}>
I'm actually an immigration lawyer, and I'm planning to do a religious wedding ceremony before the K-1 interview... Just what people don't recommend. It is risky, that's true - some would stay stupid - but there just isn't any substitute for it. It certainly may cause troubles, but if you stand your ground, it should come out ok in the end. Hindsight is 20-20, but the better course would have been to (a) refuse to sign anything withdrawing the visa, (cool.gif ask to talk with a supervisor, and © hire a lawyer, if necessary.

Legally, you were in the right; though it would have been a good idea to have obtained further proofs that your ceremony wasn't a legally recognized wedding (since it is your "burden of proof" to show that you're still eligible for the visa, and the ceremony may give rise to doubts).

As has been pointed out, your act of withdrawing the visa may turn out to be harder to undo than the wedding ceremony. Honestly, I don't know if a lawyer would be able to help out too much at this point (though it couldn't hurt - unless it delays things). One thing you might try would be to go into the US citizen services section (so that you can make it past the front door), and ask to speak with someone - it's not going to be easy, but if you keep asking to talk with someone, it may work - don't get angry, don't get offensive, but keep pushing. You want to undo that withdrawal - you want to talk with someone - you want to talk with a supervisor - you want to talk with the Consul. Keep at it, and you may get somewhere.

Oh, and another thought is to contact your Congressional representative, a senator or representative can do amazing things when it comes to the consulates. They're helpless with USCIS, but DOS is responsive. In fact, I'd email them this weekend, before I went back to the consulate. That way, if things don't look good, I'd sort of let that slip into your conversation - you may find that it encourages them to listen to you more closely.

Good luck - sorry to hear of how things have gone for you. I sure hope that doesn't happen to us!

Chuck

PS - this is not legal advice, and should not be treated as such - if I were going to advise you, I'd be asking numerous other questions about your personal situation, and more on the specifics of what went on.



Are you going to include your wedding pictures in with your petition and at interview?

Chris

Even if he were to provide photos, I would think that with his knowledge of immigration law, he would be well-armed to put a CO on the right path. The issue is not about choosing against having a religious celebration prior to using a K-1, it's about being ready and able to disprove a presumption that the CO might have.
diadromous mermaidFemale02008-04-14 18:55:00
K-1 Fiance(e) Visa Process & ProceduresSeparate households?
QUOTE (Bananas @ Apr 20 2008, 09:16 PM) <{POST_SNAPBACK}>
Hi! I'm really new to this, and I have a few questions. First, here's my story!

I met my boyfriend while studying abroad in the UK. We are absolutely madly in love and have been talking about getting engaged before I leave the UK (in July) and applying for the K-1 visa. I still have 2 years left at university in the States and he is currently employed as a software engineer in London. Although I wasn't quite expecting to be married this young (I'm 21, he's 23) we are positive that we want to spend our lives together and we are more anxious than ever to begin this daunting process.

We think the smartest option is to begin the application process for the K-1 visa, wait for it to be processed, and then he'll come to America and we'll get married within the 90 day time frame.

However, because I'm still a student, am obligated to live in on-campus housing and my university doesn't offer married housing, living together straight away does not seem feasible. Also, there are virtually no jobs for him in the secluded area of my university (he has a degree in computer science). We discussed the possibility of being legally married but living in nearby US cities for a year while I finish my degree and having a nice casual ceremony once I've graduated. This would allow us to see each other on a regular basis and allow him to gain more work experience. I'm not sure if this is even an option, though, as it seems many forms require evidence of a mortgage or lease that demonstrates cohabitation. We certainly aren't plotting to have any kind of green card marriage, we just want to be as close as possible while I finish school without hindering his career. We realize that we could just wait until I graduate to begin this process, but having already done the overseas longdistance relationship for over half a year, we are determined to make our time apart the absolute minimum.

Has anybody had experience applying for the K-1 visa while living apart for a while? Also, we're concerned that our age might raise questions about our sincerity. Have any youngsters applied successfully? Any other advice or insights? Thanks!


Age is a non-issue, other than being the age of majority to be eligible to file a petition. Living apart shouldn't pose a problem if you plan to commingle any assets you have and report your permanent address as the home you will ultimately reside in together. Choose his if you haven't any idea where that might be until the time comes.

Edited by diadromous mermaid, 20 April 2008 - 08:23 PM.

diadromous mermaidFemale02008-04-20 20:22:00
K-1 Fiance(e) Visa Process & ProceduresProxy Marriage
QUOTE (Krikit @ Jan 11 2008, 08:21 AM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Jan 11 2008, 08:10 AM) <{POST_SNAPBACK}>
except .....
"if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the K-1 beneficiary's foreign culture or social practice, as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day." INA § 214.2(k)(2).

Just curious.... have you ever seen or heard of a K-1 visa being granted under these circumstances?


They do exist and there are exceptions to the 2 year meeting requirement that are made sometimes for individuals that under active military orders or deployed to locations where civil unrest could place either party in jeopardy. You can find citations for some older cases in the AAU.
diadromous mermaidFemale02008-01-11 08:48:00
K-1 Fiance(e) Visa Process & ProceduresProxy Marriage
QUOTE (Krikit @ Jan 11 2008, 07:43 AM) <{POST_SNAPBACK}>
QUOTE (Sylvia_n_Joseph @ Jan 11 2008, 06:19 AM) <{POST_SNAPBACK}>
To go K1 they need to have been physically together in the last 2 years right ?

yes.gif

except .....
"if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the K-1 beneficiary's foreign culture or social practice, as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day." INA § 214.2(k)(2).
diadromous mermaidFemale02008-01-11 08:10:00
K-1 Fiance(e) Visa Process & ProceduresCan someone explain how the I-485 and I-751 work?
QUOTE (EmilyT @ Jun 4 2008, 10:02 PM) <{POST_SNAPBACK}>
thanks for the quick response, I am just wondering if everyone HAS to fill out the I-751 or if there is an exception...

so... they put the conditional removal bit in to thwart people who get married for the wrong reasons? what will happen if I file for AOS after two years go by?

Also, I'm reading here that the fees for the I-131 and the I-765 ($305 and $340) are included in the I-485 price? does that mean if you file those two forms at the same time you still only pay $1010 for it? (instead of $1655). Any insight to that would also be greatly appreciated.


In reality it is the other way around. The conditional bit was put in there because there are such visas as the fiance type,and aliens file for AOS and are approved much sooner than in the past. You can wait to file for AOS, but why would you? It's not really an issue to remove conditions these days and aside from the extra filing fee, often many are approved without an interview.
diadromous mermaidFemale02008-06-04 21:15:00
K-1 Fiance(e) Visa Process & ProceduresCan someone explain how the I-485 and I-751 work?
QUOTE (EmilyT @ Jun 4 2008, 09:42 PM) <{POST_SNAPBACK}>
hello,

I'm a bit confused by the forms I-485 adjustment of status, and I-751 removal of conditional resident status.

does everyone need to fill out a I-751? or does that only apply to certain people? I was counting up all the fees I'd have to pay in the future and I wasnt sure if I had to fill out an I-751

I read somewhere that if you file for AOS after two years or something you don't need to fill out this form... yet it says to fill out the AOS as soon as possible.

from http://www.visajourn...amp;page=k1flow :
*If your interview (and specifically the approval) occurs within 2 years of your marriage you will be granted a conditional permanent residency (2 year validity). If this happens you will have to apply to lift conditions 90 days prior to your 2 year green card expiring. If you are 'adjusted' greater than 2 years after you were married you should receive a normal 10 year green card.


Can someone explain this to me?


Simply put, a marriage that is less than 2 years in duration at the time the alien receives permanent resident status is subject to another "litmus test" two years hence. In essence, the alien that adjusts status through a young marriage will be awarded residency that is subject to "conditions". "Conditions" that must then be removed by way of filing an I-751 90 days before the green card that has been issued will expire. Alternatively, an alien that has been married more than 2 years at the time adjustment of status from non-immigrant to permanent resident occurs will be awarded a green card that has no conditions, and therefore requires no further action in 2 years. Green cards that are not conditional do, however, expire in 10 years and as such must be renewed.
diadromous mermaidFemale02008-06-04 21:01:00
K-1 Fiance(e) Visa Process & ProceduresCommunist Party Membership of Fiancee
More often relaxing DHS policy on the permanent bar to admission is due to the alien's membership in the Communist Party being of an involuntary nature. If an alien has terminated membership or affiliation with the party for five years prior to the USC fiancé(e) petitioning and are not considered a threat to US security, then the bar can be lifted as well. Also, close family members of U.S. citizens or permanent residents may be able to waive the bar if the Attorney General, in his discretion, decides to admit for them for either humanitarian purposes, family unity or public interest.
diadromous mermaidFemale02008-06-08 17:00:00
K-1 Fiance(e) Visa Process & ProceduresUrgent Help!! I need to submit more evidence
QUOTE (rebelsoul @ Jun 5 2008, 05:23 AM) <{POST_SNAPBACK}>
Hey all,

I need to have your feedback on this, as we need to prepare the documents in no time.

Basically, we got an RFE for not enough evidence of ongoing relationship. What we had submitted was some 20 pictures. it seems this is considered as secondary evidence. we were never aware that photos are secondary.

Here is what we have, and i want to know from your experience whether it will be enough; problem is that we cannot think of anything else.

- first, the photos we submitted are not "film-dated", we will try getting a couple of film dated pictures to resubmit as secondary evidence. But if we don't find such pictures, do you think non "film-date" pictures are not even considered as secondary evidence? or are the 20 pictures good enough if we submit good primary evidence?

- Second, since we traveled together one year ago, do you think this constitutes a prove of that:
* we still have the e-ticket, showing both of us on the same plane air flight number.
* i don't have the boarding pass anymore, but she still has hers.
* we both have passport stamps of entry and exit with date (i'll need to officially translate the stamp to english).

- if the above i not enough, we are trying to contact the airline company, to send us a signed/official letter certifying that we both boarded on that flight. do you think that will help? is it necessary?

- Finally, she still has the airplane ticket = boarding pass of her coming to Lebanon and we can put the description, that she came from the u.s. to spend time with me. I know this is one is not strong strong evidence.

But all in all, what do you think? I am so worried unsure.gif


*Being* on a plane at the same time doesn't necessarily mean that you met. *Being* in the same country at the same time doesn't either. You will need to demonstrate that you were together. The photos might show you met in person, but without a date does it prove the requirement that you "met in person within the last X number of months? wink.gif Think of the evidentiary requirement as a picture,and your evidence as the pieces of the jigsaw puzzle. What pieces of evidence do you have that can complete the picture?
diadromous mermaidFemale02008-06-07 22:05:00
K-1 Fiance(e) Visa Process & ProceduresMy K1 Visa rejected - will return back to u.s.
There's no sense going over ground that's already been covered. The OP knows what he did was wrong, and whether the inaccurate data that he shared as background to the relationship is material or not in impacting the future of his petitoin is yet to be seen. Frankly, the rejection memorandum indicates to me, any way, that the CO is dissatisfied with the merits of his current relationship, and while mention is made of the 2004 to 2006 timeframe, there is also mention of an insufficiency of contact between the two after they became engaged. Now on to more constructive comments, no?

If the OP has further evidence available, he should be gathering it together. After consulting with an immigration attorney (if he chooses to do so) he should also go through whatever evidence he has of his last trips to Vietnam. The CO wasn't sure the photographs supplied with his petition indicated anything more than a couple of days visit together. If there have been subsequent trips he should gather that evidence. If there were more examples of the time they spend together, he should assemble that. Any further contact with his betrothed should be done in such a way that it can be demonstrated in the future. He and his fiancé should be documenting their contact, by phone, mail, email or chat at this point. The COs decision may appear to be harsh but sometimes it could be taken as a blessing too. If the OP has only spent a couple of days with this girl, then he really should be thinking that he needs to spend more time with her to be able to better ascertain if they can handle the wrinkles that may lie ahead for them.

Edited by diadromous mermaid, 16 February 2008 - 04:19 PM.

diadromous mermaidFemale02008-02-16 16:18:00
K-1 Fiance(e) Visa Process & ProceduresWhen requirement to personally meet fiancee would result in extreme hardship to petitioner
Financial hardship is not one of the criteria.
QUOTE (positive @ Aug 27 2008, 06:11 AM) <{POST_SNAPBACK}>
One of the requirements for a K1 Visa is a proof of meeting between the couple, with the exception of two conditions one of which is: "It is established that the requirement to meet personally the fiancee or fiance would result in extreme hardship to (the American applicant)."

How is "extreme hardship" defined here? Is financial hardship a valid justification?

Is it possible that doing so may be taken against the capacity of the American applicant to support the fiancee when she is already in the US? But even so, can this be possibly justified by the ability of the fiancee to prove that she will not be a burden to the US government and even help his would-be husband?

What are the documents that can be shown to establish these facts?

I would appreciate any advice on this. Thank you so much.

diadromous mermaidFemale02008-08-27 17:44:00
K-1 Fiance(e) Visa Process & Proceduresim a US green card holder and live in US and want to marry US citizen?
No effect whatsoever.
QUOTE (britishangel @ Aug 31 2008, 11:41 PM) <{POST_SNAPBACK}>
i moved to america with my family....i have a green card and have been living here five years......im eligable to apply for citizenship,but i want to marry the us citizen i live with. Can i still marry him without messing up my citizenshipp process... wacko.gif

diadromous mermaidFemale02008-09-01 10:54:00
K-1 Fiance(e) Visa Process & ProceduresOverwhelmed about moving to USA
Do you qualify for a TN visa?
QUOTE (HisBaby @ Sep 1 2008, 05:56 PM) <{POST_SNAPBACK}>
Hi! I am new to this site and quite frankly, completely overwhelmed with all the information - I just don't know where to start!!

First, I will tell some of my story and then maybe someone reading it will have a beginning to answers I need smile.gif I met a man 9 months ago (US citizen). I have visited him in NY and we have talked about me moving from Canada to USA. Problem - we have no idea how to do it or the best way to accomplish it!! I am currently separated and going through my divorce, so I don't think I can use this K-1 Fiance visa because my divorce will not be final in the next 90 days. I have looked into a Visitor Visa, but from what I understand, I cannot work if I have that visa... I need to be able to continue working while I live down there in California with him. He is self-employed and suggested hiring me as another assistant. Not sure what requirements/forms would need to be filled out in order for this to happen sad.gif ... is anyone able to help us?? Can anyone give us clarification as to the K-1 and Visitor visa - ex. how long can I leave Canada to be with him before I am forced to return and then what would the waiting time be before I could turn around and head back there again? How can we manage the working issue? Who would we contact??

Sorry about all the questions but we are just so overwhelmed!! We were not expecting our relationship to culminate in such a wonderful beginning! smile.gif

Thank you for any/all advice and suggestions given, in advance.

diadromous mermaidFemale02008-09-01 17:14:00
K-1 Fiance(e) Visa Process & ProceduresCultural misunderstanding or fraud?
QUOTE (zqt3344 @ Jan 22 2008, 12:40 PM) <{POST_SNAPBACK}>
no0pb.gif Me thinks you need to take a chill pill and calm down, have a beer and relax. God loves you and me.

QUOTE (Krikit @ Jan 22 2008, 01:38 PM) <{POST_SNAPBACK}>
QUOTE (zqt3344 @ Jan 22 2008, 12:34 PM) <{POST_SNAPBACK}>
I could say the same to you. But I do not, show some manners. And lighten up or drink a beer and settle down RJ, I sense you are vibing such hostile emotions today for some reason. whistling.gif

What makes you think you are not rude?



I don't know....perhaps it has something to do with the BOLD font blush.gif
diadromous mermaidFemale02008-01-22 12:46:00
K-1 Fiance(e) Visa Process & Procedureshelp needed,k1 visa approved,but fiance disapered
QUOTE (Lostin us @ Sep 20 2008, 06:10 PM) <{POST_SNAPBACK}>
hi everybody,well after a long wait i decided to share my probleme with visa jounery users,and i hope i can find any help,well i just got my fiance visa,iam a male,and my fiance decided to leave for someone else,iam still in my country,and i already got a ticket to leave to the state,and the news came as a break,i dont know why,how or when,but she decided so like that,she is a nice person and i always have respect and love to her,my question is,is there anyway to leave to the state and stay there legaly,a friend of me who she is citizen proposed her help by a marriage certificatre,she do work with the gouvernement as a police officer,my wonders are,if i go to the state and without over straying my period,i marry my friend,can i apply to adjust statut?is there any other way to do it?and i heard that if i over stay my period,even by 180 days,and i get banned for 3 years or 10,i have the right to pay for it,and get the record earsed by money,i mean legaly because i have read it here somewhere,i hope i get some info from you and if you need any other info i can provide,thank you.

Let me get this straight. Your fiance has moved on to another relatinoship, and you wish to come here and use the time permitted you to remain in the USA to regain her love? And a friend is willing to marry you while you are here, so that you have enough time to do that? Unfortunately, that marriage would not permit you to remain beyond the expiry date of the K-1 visa, regardless of her US nationality, as the visa you would be entering the USA on has certain requirements.

If you want to use the K-1 to come here and try to win your fiancée's love again, you have 90 days, and only 90 days to accomplish that. Thereafter, you would be required to return to your country, and apply for a visa to return (providing you accomplish your mission, that is)
diadromous mermaidFemale02008-09-21 11:56:00
K-1 Fiance(e) Visa Process & Procedures1st post former NSC adjudicator now petitioner

Hello everyone,
This is my first post so don't flame me for protocol or if I say something out of place.

I joined VJ because of two reasons. First, I just sent off my initial I-129F packet to NSC for processing and 2) I used to be an Applications Adjudicator (Immigration Officer) at the NSC (2003) so I thought perhaps I could help out someone with any questions they have on how the NSC operates. Or at least the part that I worked in. Some of the processes are the same regardless of departments. I'd be happy to give you as much info as I can as there aren't any real secrets and since I don't work there any longer I can speak about it.

As for my K-1 journey, to make a long story short, I travelled last summer to Kiev and met a wonderful woman (and her daughter) quite by accident. We spent a lot of time together during my trip, fell in love and the rest as they say is "history".

We finally got around to compiling all the docs and as I said, I sent them off to NSC yesterady so I guess I fall into the February Filers category. I hope to have her and her daughter here by August (hopefully)!

So, I make myself available to anyone who has questions about the Nebraska Service Center and its quirks or the BCIS as it were in general.

Finally, to answer a question that some of you might be thinking - "no, I can't do anything to help you specifically with your petition. Just like I have to wait in line with everyone else on mine also. Yes, i still have friends who work there, but its againstthe rules to do favors and can get a person fired. And I would never put my friends in that position." But I'd be happy to answer other non-specific questions as I can. I don't know everything but I will try to help where I can.

Thanks.
D.


Welcome. I'm sure you'll have some pearls to offer, and of course, it goes without saying that we're expecting your submissions to be stellar! No RFE's allowed HUSKERKIEV :lol:

Edited by diadromous mermaid, 21 February 2007 - 07:15 PM.

diadromous mermaidFemale02007-02-21 19:14:00
K-1 Fiance(e) Visa Process & ProceduresYeah! K-1 Approved, with child. Now I'm not so sure.
All's well that ends well. Best of luck to you!
diadromous mermaidFemale02008-11-13 14:38:00
K-1 Fiance(e) Visa Process & ProceduresYeah! K-1 Approved, with child. Now I'm not so sure.
Not really. It appears that the OP senses that because they have decided to marry for the sake of the child, that this must mean she loves him. Not necessarily so. That doesn't mean she doesn't care for him, or even love him in some way, but that differs from being in love with him. His expectations are that he is her priority. Not under those types of circumstances. Her child and her family would be priority. He would be important, but not necessarily in a position before them.

QUOTE (HannahP @ Nov 13 2008, 12:01 AM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Nov 12 2008, 11:06 PM) <{POST_SNAPBACK}>
Exactly. And herein lies the problems associated with you having certain "expectations" of her, that are typical in a romantic relationship, but may not be in a relationship that was cemented as a result of a life-changing event.


You have some very idealized notions about "romantic love." tongue.gif

diadromous mermaidFemale02008-11-13 00:13:00
K-1 Fiance(e) Visa Process & ProceduresYeah! K-1 Approved, with child. Now I'm not so sure.
Exactly. And herein lies the problems associated with you having certain "expectations" of her, that are typical in a romantic relationship, but may not be in a relationship that was cemented as a result of a life-changing event. Simply put, even if she contemplated marrying you for the sake of the child, why is it that you have come to expect that she will be in love with you? It's not necessarily a requirement.

I will venture to say that if she is going forward with this relationship for the sake of the child's best interests, there is a good chance that she feels not only obligated to say, but somewhere inside she feels that it is her duty to say she loves you, even if it is not true. That's all part of the sacrifice of one's own ideals and wonts for those of the child.

If you are trying to determine if she is in love with you, make no plans, have no expectations, have no requirements...and see what happens.

QUOTE (GwizCraig @ Nov 12 2008, 09:52 PM) <{POST_SNAPBACK}>
Thank-you very much. Everyone wants to paint me as a materialistic man-child. I will admit reading my own writing I might feel the same. But I wanted to show that I have done everything I can to contribute and be there for her. And it is less about 1 month than her actions. This is what has caused me to stress. I wanted 0 time, be together as soon as it was possible. Granted I had an ideal of all of us spending Christmas together but is not the crux of the issue. It is her change of attitude and makes me question if she is dedicated to this. I would rather she take all the time if that is necessary for her to figure it out. I can't tell if I'm getting an honest answer from her. I think she would tell me the same response regardless if her feelings are true or not. I'd like to believe they are but I pose my argument with this. Tell me there is not a chance she feels compelled/obligated to tell me she loves me. While I like to believe her, I worry that her judgement might be "clouded" as well because of our child. Getting married to me is a serious thing, a lifetime comittment. I don't need to go messing up our child, her life nor mine by getting into a realtionship that is going to fail.


QUOTE (Cherel & Bob @ Nov 12 2008, 07:39 PM) <{POST_SNAPBACK}>
Wow. This would be a great story about 2 cultures coming together or the problems of 2 cultures coming together. Unfortunately this is real life and not just a story.

My fiance, Cherel, who is filipana happens to agree with "GwizCraig". She feels like the GF should growup. She applied for the VISA, she got approved, she should be ready to go to the States on a moments notice. She thinks that it is ridiculous for the GF to delay this.

I happen to feel badly for the GF in this situation. I imagine that her family is putting an unbearable amount of pressure on her to just stay with them for this one last xmas. She is probably looking for some support and understanding from "GwizCraig". I imagine she is quite scared to move away from the only home she has ever known.

Why don't you just set a firm date after the New Year for her to be here. When she arrives you can set up an xmas tree together, celebrate it on the 25th of January and have a wonderful story to tell your child when he/she is older. (Santa actually came to visit you in the Phils and the States for your 1st Xmas).

I can understand your desire to be with your child for the first xmas, I can understand you not being able to fly over there due to work, but be a man about this. The holidays come every year. You have the rest of your life to be with her and the child. Make her happy. This is about her.


Bob


diadromous mermaidFemale02008-11-12 22:06:00
K-1 Fiance(e) Visa Process & ProceduresYeah! K-1 Approved, with child. Now I'm not so sure.
Now we are getting somewhere. Don't you see that the "holidays" aren't the essence of the issue? It is the fact that she is not jumping at the opportunity to run here to be with you. As if a month doesn't make that much of a difference. But in actuality, it doesn't. If you are compelled to do what is right for your child, that's admirable. It's also not entirely out of the realm of possibility, that she is compelled to do the same. From her perspective, does that include conforming to the original plan and coming here to be here for Christmas? Perhaps not.

I sense you are confounding two quite distinct situations. A decision to spend your lives together for the good of the child you have together. A decision to spend the rest of your lives together because there is no one else in the world that is right for each other. Neither are wrong. But the dynamics found in one situation, may not so nearly be present in the other. Chances are you are viewing this relationship as one that can be molded into another.
QUOTE (GwizCraig @ Nov 12 2008, 09:14 PM) <{POST_SNAPBACK}>
I don't know. I feel compelled to do what is right for my child. This clouds things. I would like to think that we would have naturally fallen in love, but I don't know. I care for her deeply but don't feel that I really know her. We have spoken just about every day and up until today, she kept telling me that she wanted to spend the holidays with me. I know people want to tell me it does not matter. I dare anyone to watch their child grow over a cam and not be upset when you get the opportunity to be together and the person in the way is the one that is supposed to love you. I feel that I have already missed out on too much, her sudden reversal has left me hurt and confused.

QUOTE (diadromous mermaid @ Nov 12 2008, 07:02 PM) <{POST_SNAPBACK}>
I am not a crow, and not judgmental. I am observant, however. You were friends. Admitted. Then the "act" changed all of that. Why is not possible for you to see that while you accelerated the status of the relationship as a result of that "act" that doesn't mean to say that the committment to be together was borne out of love for one another? So, you admit that you did not expect things to go as they did. In other words, had she not become impregnated, you might not have decided to marry?

QUOTE (GwizCraig @ Nov 12 2008, 08:50 PM) <{POST_SNAPBACK}>
Because we met as friends, I was not expecting things to go as they did. She was not my fiancee at the time when this happened you judgemental crow!

QUOTE (diadromous mermaid @ Nov 12 2008, 05:28 PM) <{POST_SNAPBACK}>
...And you wonder why she might be having misgivings? You're not committed to her, even though you proclaim you are. Whether she is to you, I don't know. After all, in your first post, you referred to her as a friend, who became impregnated. Not a fiancée, a friend.




diadromous mermaidFemale02008-11-12 21:26:00
K-1 Fiance(e) Visa Process & ProceduresYeah! K-1 Approved, with child. Now I'm not so sure.
Like I said, your own words speak volumes. You are not 100% sure of her because she is not conforming to the "plan". A plan, mind you, that was derived not out of two people choosing a path together, but out of an accident.
QUOTE (GwizCraig @ Nov 12 2008, 08:57 PM) <{POST_SNAPBACK}>
Thank-you Mitch. I do see how I came accross that way. But just trying to put the facts out there. I guess I have felt like I keep putting myself out there but not feeling reassured. It is not about the money but giving my future to someone whom I am not 100% comfortable with. If the situation was reversed I would want to be by her side with our child. They are my family, it is not about money, is about love and dedication. This is what bugs me.


QUOTE (mich08 @ Nov 12 2008, 06:39 PM) <{POST_SNAPBACK}>
Real love is unconditional. Sounds like you think she OWES you something. Nice love. Sounds more like a business negotiation in which case, you definitely should come out on top - but love isn't business, man. Asking a Philipina to be away from her family, let alone move to another country, is big business (I have filipino friends...) - I'm surprised you haven't realized that yet after all your visits. And all you HAVE realized is that YOU feel excluded. Not nice, but if you love the girl #######-for-tat is not the way to approach these problems - she will never be able to repay you for all you've done for her family and if you keep a tally she's gonna lose every argument in the future (if you decide to have a future-right now you're winning so I'd say it's safest for HER if you quit while you're ahead) - your response is probably that you will be happy if she'll just come for Christmas and all will be fine - but your attitude and speech has already betrayed you - if she comes and you marry her, you two will have future arguments - and I feel sorry for her because if she caves to your selfishness now, she'll indeed have to cave in every other argument when out from your argumentary arsenal comes the "$100K/nice house in Arizona/financially supporting half of the Phillipines"...how can she fight that? It's nice that you help/ed her family, but no one forced you to do that, and if you did it for love you WON'T use it as ammunition!!!
You've proven to be a man-sized child pouting because he can't see his child (who won't know the difference between Dec 25 and Jan 25) on one day of the year! Come on! This woman doesn't know when she'll see her family again! (oh, I'm sure you can afford to fly her home once a year, but if YOU won't go there for Christmas I guess you probably won't let her go either...gotta conserve that college fund...) And seriously, what's so bad about celebrating later? The day isn't what matters, it's being together...and one more thing. You seem to think that your money, house, country and stubborn/arrogant/yet-oh-so-generous love is somehow equal to the value of her family and that the two are interchangeable! Ditch the materialistic attitude and stop your double-standard jibberish! (your "#######!" response to "She wants to be with her family for Christmas" is a disgusting hypocritical reaction to you not getting what you want - you feel that YOU being with YOUR child, who doesn't know the difference, is justified, but HER being with HER entire family is worthy of "#######!") If she needs one more Christmas with her fam, give it to her...and use that $100K to have a fine New Year's celebration with her and the baby - and think about how you'd feel if your child grows up, falls in love with a foreigner, decides to move away to another country. Wouldn't you like to have one more Christmas with YOUR child? (when the child is actually old enough to appreciate it) If you really love someone, you'll keep giving....Thank you for suggesting we not bash your fiance but it was completely unnecessary as you've set yourself up as a big enough target.
Tip: Don't flaunt your wealth as reason for your fiance to want to live here or love you. Many people have happy lives without any of that and and your STUFF won't guarantee her any happiness if she leaves her home and family with regrets. This is primarily about you and her, but my mom had guilt about leaving her own family, and it has the potential to destroy a home. Don't let your selfishness do that to your future.

p.s. of course, if she keeps insisting on having the next few holidays with her family, I might assume she's stalling, but at this point her staying for Christmas is completely valid and you just need to suck it up, walk around your big house, browse through your last few paychecks, check out those sunny skies of Arizona and be thankful you aren't the one who has to leave what's most important to them.


diadromous mermaidFemale02008-11-12 21:13:00