ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Case Filing and Progress ReportsJanuary Filers at the CSC - How are you doing?
QUOTE (Pam&Josh @ Jun 12 2008, 10:16 PM) <{POST_SNAPBACK}>
Hi Everybody!!
Like Cécile, I received my packet 3 today!! kicking.gif kicking.gif
Things are going faster now, and I start to worry about selling some of my stuff, and I am happy about getting closer and closer from the day I will be with my sweet baby!! biggrin.gif
Like everyone here, I am still having good hopes that sunnybear or shes will get their NOA2 really really soon!!! It always sucks when some of the thread are left behind! Try to keep your good energy girls!!! We cannot wait to see you doing the happy dance! heart.gif


Hey Pam!

Congrats for your packet 3!
me I'm still desperatly waiting for my NOA2 (145 days)...But I'd like to know what's exactly in packet 3. Is there anything I can do while waiting? what forms and documents are needed?.... very anxious about it!!...
Hope you'll get your interview soon! : )
lucie&damonFemaleFrance2008-06-15 05:36:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsJanuary Filers at the CSC - How are you doing?
QUOTE (sunnybear @ Jun 11 2008, 02:28 AM) <{POST_SNAPBACK}>
HI everyone wellll not sure if this will do anything for us or not but called USCIS today and got a really nice lady on phone! I told her how we had our wedding planned for September and how people in my online support group were already getting approved so just wanted to know if mine was even being looked at yet etc....so she took all my info including phone, addy, and email and even gave me a reference number (?) she said she was sending an email of inquiry or something to find out more about our case for me......

Soooo you think she was feeding me a line or you think this lady honestly will get in contact with whoever has our case sat upon their desk?! I cannot help but be excited but Gareth warned me not to which I know I shouldn't get my hopes up too high.....

I just want to see my mannnnn over a year is WAY too long sad.gif




Hey!

I'm really worried too about the NOA2. Can you tell me how did you do to call USCIS? it seems impossible to get a real person to talk to on the phone!
please, let me know!

good luck!
lucie&damonFemaleFrance2008-06-11 00:35:00
K-1 Fiance(e) Visa Process & ProceduresK-1: is this the way?
QUOTE (scetcher @ Nov 28 2008, 07:22 PM) <{POST_SNAPBACK}>
OK, DCF is not for us.
If we get married while she's here, she has to go back and we have to apply for K-3, which, as I understand, takes longer than K-1
So, looks like K-1 is the only solution?


Yes. In your case I think K 1 is the safest solution.
She cannot get married with a tourist visa. It is considered as a fraud.
lucie&damonFemaleFrance2008-11-28 21:32:00
K-1 Fiance(e) Visa Process & ProceduresStill No Online Tracking After Almost 3 Months!!!
Sorry for that! But you really shouldn't worry for that I think. It doesn't change anything about your case.
Even if you were in their system, their system still sucks! I got my K1 visa in August, I'm in the AOS process now, but my status online is still as "received and pending"...
lucie&damonFemaleFrance2008-11-24 19:59:00
K-1 Fiance(e) Visa Process & Procedureswhat i need for my interview?
QUOTE (weareone @ Dec 2 2008, 02:29 PM) <{POST_SNAPBACK}>
hello !!!!
I am very happy because i just received an email from the uscis telling me that my application for fiancee visa has been approved , then after 5 days i got my package , so my interview will be at january13.2009, so wich paperwork i need bring with me to the consulat ? iam so scary as iam happy wow that so crazy , so plz feel free and give me information and power , take care , and good luck everybody
ur friend


Normally, before sending you your interview date they should have send you the list of paper you'll need to bring. the documents are (if my memory is good) DS 156K, DS156, DS230, the medical exam paper, and the affidavit of support ( I864?) . Maybe someone who passed the interview more recently than me might be more clear...
Good luck and congratulation!
lucie&damonFemaleFrance2008-12-02 16:53:00
K-1 Fiance(e) Visa Process & Proceduresso what, exactly, does an NOA2 mean?
QUOTE (bogartnoir @ Dec 8 2008, 01:24 PM) <{POST_SNAPBACK}>
like, really mean? what does it entitle us to? seems like it's just one more bureaucratic hurdle and doesn't mean much. nothing is really approved until you can prove your fiancee isnt going to be a bum and you have the interview. so why am i made to think this is exciting?


Well, the I 129 is the longest wait! It takes some time to be approved! So, yeah, you should be excited when you'll get it. After that, everything seems to go faster! And it's rare to be denied at the embassy interview...
lucie&damonFemaleFrance2008-12-08 15:28:00
K-1 Fiance(e) Visa Process & ProceduresIgor's?
QUOTE (gethere @ Jan 20 2009, 05:56 PM) <{POST_SNAPBACK}>
Can someone give me the website for Igor's list and how to I update it? THANKS and let's hope VERMONT STARTS MOVING! smile.gif


http://www.visajourn...filers.php?cfl=

You can find it on VJ now!
Good luck with this process!
lucie&damonFemaleFrance2009-01-20 20:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHelp with I-130/G-325A filing
QUOTE (pushbrk @ Aug 2 2008, 09:49 PM) <{POST_SNAPBACK}>
I'd just do nothing. USCIS actually has a rule that they won't reject or deny an otherwise properly filed petition for the lack of a signature on a
G325a. If you signed your name in Arabic, they probably won't even notice anyway.

Yes, a signature is a signature, so of course it can be in any alphabet including totally illegible.

Forging your fiance(e)'s signature would be a bad idea but signing for a spouse is pretty common. It's only going to be a problem if the spouse makes an issue of it. The important signature for the beneficiary will be on the visa application where most if not all the G325a data is repeated anyway.


I completely agree with pushbrk. good.gif However, I think this question is very relevant and deserves more attention. I have asked myself who is the "applicant" both doing my petition, and when trying to help others. I was asked this very question yesterday, I don't have a good answer. There is nothing in the instructions that truely clarifies this issue.

I always had the person that the information is about sign and fill out in "the box outlined by heavy border." Seemed sensible. The G-325a asks for "Applicant's" residences, last address outside the US, and employment history. Obviously, they mean the person that the information is about. It would follow that that person should sign the G-325a.

However, who really is the applicant? This is a stretch, but here goes.

The USCIS site cover page for the G-325a states:
--------------------------------------------------------------------------------------------------------------------------------------------
Purpose of Form :

To provide biographic information on an alien. You file this form only as instructed on another Immigration application or petition.
--------------------------------------------------------------------------------------------------------------------------------------------
Who is filing the application or petition? Technically, I am the applicant, aren't I?

The I-130 instructions state:
--------------------------------------------------------------------------------------------------------------------------------------------
D. A completed and signed Form G-325A, Biographic Information, for you and a Form G-325A for your husband or wife. Except for your name and signature you do not have to repeat on Form G-325A the information given on your Form I-130 petition.
--------------------------------------------------------------------------------------------------------------------------------------------
The I-129f instruction is almost word for word the same as the I-130 instruction.

Who are they referring to in "your name and signature you..."? I could twist this to mean that I should sign the G-325a and not the beneficiary.

It cost me lots of money to have my wife sign the G-325a. The Postal system in the Philippines can NOT be trusted to deliver mail from the USA, at least in my experience. Was this a necessary expense? I don't know. I only know that requiring a signature from abroad for papers being filed in the USA seems unreasonable. I could understand signing it at the Embassy during the visa application process.

In short, I'll probably not put this idea to the test for the same reason as almost everyone else: Fear of the USCIS, (or maybe just rejection!) wacko.gif

Comments? Anyone been there done that?
chuckbMalePhilippines2008-08-06 14:50:00
IR-1 / CR-1 Spouse Visa Process & Proceduresquestion Nol.20 of DS230
QUOTE (YuAndDan @ Oct 26 2008, 09:13 PM) <{POST_SNAPBACK}>
05/2000 to present is fine.


Agreed on that. That's what we did...
chuckbMalePhilippines2008-10-26 20:18:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMissing your spouses
QUOTE (Rajaa_Reda @ Oct 19 2008, 12:22 AM) <{POST_SNAPBACK}>
wow... you know i never thought i was the type of person who could have a relationship like this... but every time i get to see my husband on cam it's like the first time again... i am planning a trip now in Jan wither or not he has his visa... always nice to have something to look forward to you know???

i've started sending things to him... stuffed animal i slept with for a week and sprayed my perfume on with a love note

another time a box full of scraps of papers and phrases for him so when he opened it all my love and happiness fell around him.

his favorite american candy etc.... he loves the little surprises and he gets so excited and wants to talk to me. I love how it helps him and he loves to share it with me

my ticker says the exact date of our last kiss but it's almost 5 months now.....


It is difficult. I waited too long myself, but the end justifies the means. After several years, it is hard to remember how hard it was to wait. It is totally stupid dealing with the process, but in the end, it makes you stronger. Provided it was meant to be...

Edited by chuckb, 18 October 2008 - 11:36 PM.

chuckbMalePhilippines2008-10-18 23:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-2 visa Handy
From the USCIS site:

Citizenship of Children

The 14th Amendment of the U.S. Constitution guarantees citizenship at birth to almost all individuals born in the United States or in U.S. jurisdictions, according to the principle of jus soli. Certain individuals born in the United States, such as children of foreign heads of state or children of foreign diplomats, do not obtain U.S. citizenship under jus soli.

Certain individuals born outside of the United States are born citizens because of their parents, according to the principle of jus sanguinis (which holds that the country of citizenship of a child is the same as that of his / her parents). The U.S. Congress is responsible for enacting laws that determine how citizenship is conveyed by a U.S. citizen parent or parents according to the principle of jus sanguinis. These laws are contained in the Immigration and Nationality Act.

In addition, Each year, many people adopt children from outside the U.S. The Child Citizenship Act of 2000 (CCA) grants those children the ability to automatically become U.S. citizens when they immigrate to the United States.
---
That really clears things up! I don't think the CCA of 2000 applies because this isn't an adopted child. However, you stated that it applies to more than adopted children, so I may be wrong.

A CR-2 visa is a Conditional Resident Visa. This is based on the length of Marriage. If less than two years, then It is a CR-2, if more, then it should be an IR-2 visa. Since your wife is a USC, why is marriage being considered? It could be because of residency requirements, but I'm not sure. In any case, I think that the GC is supposed to show up in the mail before the visa expires, and all you should need to do is keep it current.

The catch is that the CR-2 would require a petition to remove conditions, in two years. The IR-1 should give you a Permanent Resident card good for ten years. Maybe, it doesn't really matter, because with the GC you should be able to get her citizenship as soon as she gets here.

Somebody help me out, I'm doing the IR-2 route for my step-daughter, but this is not quite the same situation.

You mentioned that your wife is a USC, are you? What is your status? If you are both USC, and the child is yours, then I think that the process should have been much easier. I think that there might have been an easier path. In any case, I think you are in good shape based on what you have said so far...

Chuck B.
chuckbMalePhilippines2008-11-08 19:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNEED HELP! UPGRADE I-130 PETITION
QUOTE (Jonah VD @ Oct 18 2008, 06:19 PM) <{POST_SNAPBACK}>
Nobody responded to my post. sad.gif But that's fine , for i feel better now. biggrin.gif I have read a lot of information in this forum that actually answered my questions.

I would like to share though, that CSC finally updated my i-130 petition to my husband from F2 to IR1 and approved yesterday.

Here's my timeline:

June 15, 2003 - Got Married
Dec 1, 2005 - Applied I-130 PR
Dec 8, 2005 - Received NOA1

July 31, 2007 - N400 (90 days before my 5th year in the US)
Jan. 8, 2008 - Fingerprint Schedule (asked to reschedule - i was out of the country with my husband)
Feb. 18, 2008 - Fingerprint Rescheduled
Aug. 27, 2008 - Interview (passed)
Sept. 26, 2008 - Oath Taking

Sept. 28, 2008 - Called CSC to upgrade I-130 TO IR1
Oct. 7, 2008 - Faxed Upgrade request to CSC
Oct. 8, 2008 - Received a letter from CSC re. 9/28 request - Petition still pending.
Oct. 17, 2008 - I-130 petition approved (online) good.gif


Good for you, I would guess your situation was unique enough that nobody wanted to respond for fear of being wrong.

Congratulations...

kicking.gif
chuckbMalePhilippines2008-10-18 17:28:00
K-1 Fiance(e) Visa Process & ProceduresK2 Visas for child left behind...
The K2 is derivative status from the K1. I would doubt the DHS would allow her to enter the US with it after 3 years (the K1/K2 visa has a 6 month validity from issuance). Even the "follow to join" for a K2 or K4 has to occur within 12 months of the K1/K3 it is derived from.

The process now would be to file a I-130 (petition for relative - check the forum on bringing relatives of US citizens). You can file it as the US citizen as they do not differentiate between a natural child or stepchild when filing.

John
[/quote]

yap good.gif K-2 is no longer an option. need to file an I-130.
[/quote]

That's about what I thought. Ain't it fun dealing with Immigration? Actually, it looks like less paperwork than the K1!
Gotta look on the bright side... kicking.gif

Thanks so much
chuckbMalePhilippines2008-07-06 14:14:00
K-1 Fiance(e) Visa Process & ProceduresK2 Visas for child left behind...
My wife and children came to the US on K1 and K2 visas three years ago. They have all the papers in order, and are Permanent Residents with the Conditional Status removed. The problem is that there is another child (under 18) that stayed behind. She did not get a K2 Visa because at the time she wished to stay behind. She was listed on the original paperwork, and the Officer at both interviews made a big deal about ensuring she was acknowledged as my wifes child.

Now she wants to come here and live. How do we go about it?

None of the information I've reviewed really covers this situation. Anything close to it is conflicting...

Anyone out there with any experience in this area?

Chuck B.
chuckbMalePhilippines2008-07-06 13:00:00
K-1 Fiance(e) Visa Process & ProceduresMy friend daughter is not coming with her
QUOTE (krisahmiah @ Jul 18 2008, 11:58 PM) <{POST_SNAPBACK}>
My friend is in Cebu, philippines. She is a single mother.Never been married, and has a 2 year old daughter.
her daughter is not with her(daughter stays with his biological father)
My friend meet a wonderful man and decided to marry her.
They file the K1 fiancee visa petition this June and no NOA yet.
In the 1-129 f petition it said to list all the fiancee children and put the name of her daughter with the last name of her biological father last name
The biological father dont want to give the baby to my friend,
the question is this,
1.Is it ok not to join the daughter during the interview because the biological father really dont want to give the baby
2.My friend daughter name is listed on the 1-129F petition, is there any problem that my friend may encounter if she will not bring her daughter during the interview?
i need your advice, thank you very much


The problem is more with the Philippine government than with the US. She will have to deal with the DSWD before the child can get clearance to leave the country. I would personally advise that the child is there for the Interview, I'm not sure what happens if she isn't there, but they talked to all of my children. She probably has to go through a medical at St. Lukes before the Interview as well.

Make sure that the child is listed on the G-325a as part of the I-129f, if she is coming over to the US later. This can become a big issue later, (it appears you lied if she isn't listed).

I can't speak for issues with the DSWD because my children's father was not opposed to them going to the US.

Good Luck
chuckbMalePhilippines2008-07-19 00:01:00
K-1 Fiance(e) Visa Process & ProceduresBetter to use a fiance visa or marry abroad?
QUOTE (bassim @ Aug 4 2008, 08:55 PM) <{POST_SNAPBACK}>
I am trying to decide what is the best route to take in bringing my fiance here. Can anybody tell me which way might be easier or faster?

Any advice would be appreciated!


There seem to be a lot of different ideas about what is best. There also seem to be variables based on the Country and place the petition is filed. I decided to go the K-1 route. It worked quite well for me, and the timeframe wasn't all that bad. Obviously, tomorrow is not an option!

My brother also did the K-1 and both of us are happily married today, in the US kicking.gif . Took a while, but then good things take time! I dislike the requirements of the K-1, but then again, I don't like anyone dictating to me what and when I will do things even if that's what I'd do anyway...

As a fiance, I don't know of any other way than the K-1. Of course, you could decide to change that, then other options are available. I'm not sure they are better though... kicking.gif
chuckbMalePhilippines2008-08-04 23:18:00
K-1 Fiance(e) Visa Process & Procedures90 days
Good luck, my experience was that when they are ready, they are ready, and not before. I've never spoken to a live person on the phone for USCIS, maybe I didn't push enough buttons, or maybe there just isn't a light at the end of the tunnel...

Have patience, you can't push a rope...

Lord knows patience is a requirement! They have both disappointed me, and surprised me. It's not all bad, but it's certainly not all good.

Good Luck kicking.gif
chuckbMalePhilippines2008-08-04 22:41:00
K-1 Fiance(e) Visa Process & ProceduresFull time employment mandatory for obtaining K1?
Both I and my brother used assets alone to get approval. Yes, they questioned us, but that was all. You have to show enough assets to cover the poverty level for (I believe) 3 years for the I-134, or 5 years for the I-864. Most people don't seem to meet that I would guess. It seems they overlook Assets until you remind them that you have them.

Worked for us!
chuckbMalePhilippines2008-07-06 15:05:00
K-1 Fiance(e) Visa Process & ProceduresTraveling with a B1/B2 while waiting for k1
QUOTE (dj_yu @ Aug 9 2008, 10:46 PM) <{POST_SNAPBACK}>
hi everyone,
i am new here and would want to get your thoughts, my fiance and i met last april and i will be visiting her in manila this october. we are submitting our documents for the Fiance Visa on Sept (still waiting for my divorce papers) and i would like to know if it is ok for her to come visit me on december and stay while waiting for her interview schedule. She has a valid B1/B2 visa and has visited the us 3 times. i would want her to stay for like 4-5 months then go back to manila for the interview. is it ok for her to do that? would appreciate your advise!


Wow, aren't you the lucky one! Sounds like you are legal in every way. I'd say why not, if they will grant a stay that long.

None of my business, but sounds like you are moving very quickly. Divorce not done... Wounds take time to heal.

Cheers
chuckbMalePhilippines2008-08-09 22:31:00
K-1 Fiance(e) Visa Process & Proceduresdidn't to make a copy
QUOTE (Gemmie @ Aug 14 2008, 12:28 PM) <{POST_SNAPBACK}>
Like a previous poster said, I think it's more a back-up in case something gets lost... in which case, it would no longer be the original anyway!


I always make copies for my own peace of mind. If something gets lost from that packet sent to the USCIS, you have backup. I've never needed any of it. However, it was easier to pull a document out of the copy file when I needed it further down the process. I didn't have to go looking for it and make copies.

Really, you should have a file of originals too. I have to admit I've been a little lax doing that. They can ask for them later if they don't like the copy. This this hasn't ever happened to me either. I'd never send the original document for evidence (unless specifically instructed to send the original) , they plan to keep them...

As a funny sideline, the Embassy wouldn't accept a Certified Original of my wifes Annulment papers. They liked the copy that I made and insisted looked more like an original! Go figure.

Cheers
chuckbMalePhilippines2008-08-14 11:48:00
K-1 Fiance(e) Visa Process & ProceduresCO sponsor questions
QUOTE (pushbrk @ Aug 16 2008, 09:00 PM) <{POST_SNAPBACK}>
People who "meet the requirements" are often denied. When it comes to the financials, the CO makes a subjective decision about the likelyhood the applicant will become a public charge. An 85 year old grandpa drawing Social Security can meet the 125% of poverty level but that doesn't mean his I-134 as a co-sponsor is going to convince a CO a burger flipper's foreign fiance with few English or work skills won't become a public charge.

The biggest mistake I see, is people thinking the visa process is about meeting some prescribed list of requirements.


Amen...

It's very subjective.
chuckbMalePhilippines2008-08-16 20:07:00
K-1 Fiance(e) Visa Process & ProceduresQuestion for K-1 interview
QUOTE (colinjess @ Aug 26 2008, 09:21 PM) <{POST_SNAPBACK}>
I am in a simular situation we decided over the phone that the fiance visa was the option for us( we already have sent the I-129f) but i havent properly propsed yet i was going to wait till november , which is the next time i will see my fiance!!

so i too would like to know when we should say we got engaged!


In your cases, were you not friends? Are you not still friends?

Your engagement is when you (and your fiance) say it is. Who can say different?

Your legal marriage is a legally documented fact. That is different.

Why worry?
chuckbMalePhilippines2008-08-26 20:38:00
K-1 Fiance(e) Visa Process & ProceduresI-94 Number
QUOTE (Kathryn41 @ Sep 1 2008, 07:27 PM) <{POST_SNAPBACK}>
The section where it asks for the I-94 is under "IF YOUR FIANCE/E IS CURRENTLY IN THE US COMPLETE THIS SECTION". From my understanding, your fiance/e is NOT in the US so this part of the form does not apply to you. Your correct response would be to put n/a next to it.

Unless your fiance/e is currently in the US, you do not need to worry about this. If your fiance/e is in the US right now, then fill in the rest of the information and attach a separate note explaining that he/she did not receive an I-94 document upon arrival. Include all pages of his/her passport to show that there is no I-94 attached.


Amen!

This would be for an I-130, with an I-484 cncurrently, and then the I-129f for a K-3 visa. For a K-1, there is not an applicable I-94 number because you haven't entered the country yet on a K-1 visa.

If the fiance is here and you are filing for the K-1, the fiance better go home! Or at least rethink what you are doing and refile for something else... devil.gif
chuckbMalePhilippines2008-09-01 19:07:00
K-1 Fiance(e) Visa Process & ProceduresI129F question!
QUOTE (cca @ Sep 1 2008, 07:48 PM) <{POST_SNAPBACK}>
hmmm i wasnt in the USA at the time of filing, i just hope we didnt misinterpret that question and think we had to put something, like i last arrived as a visitor, and think we had to put that regardless of whether or not i was in the usa, as this may raise a few eyebrows.
Urgh so long ago i cant remeber, Can only hope and wait i guess......


I suppose this might cause a question? Why? My spouse didn't get the option to be here before all the BS was done, but that's life. Maybe I'm lucky, no strange questions!

It should be easily answered! After all, what are questions for, but to be answered! USCIS and State, these people are people too. (Well, most of the time, most of them are people!)

Same as everywhere...
chuckbMalePhilippines2008-09-01 20:01:00
K-1 Fiance(e) Visa Process & ProceduresI129F question!
QUOTE (chuckb @ Sep 1 2008, 07:20 PM) <{POST_SNAPBACK}>
QUOTE (cca @ Sep 1 2008, 07:13 PM) <{POST_SNAPBACK}>
hey guys, im expecting an approval or some kind of movement from our case any day now and im crazily going through in my head anything that may result in an RFE for us.
On the I129F it aks for an I94 number. Long story but i lost my I94 card last summer when i went to the USA. I have since gone to visit sucesfully 3 more times with no questions... but because id lost the card i couldnt fill in when the I129F asked for the number. Does this matter? Did anyone else leave it blank who got approved??
Argh this process makes you crazy haha wacko.gif blink.gif whistling.gif


I'm confused. K-1 visa, you lost your I-94 which should have been stapled in your passport? You visit three more times successfully? On a K-1 visa? Something is missing...


On an I-195f for a K-1 Visa, normally, you wouldn't have a I-94 yet. So blank or n/a is less likely to raise questions.

I don't recall it asking for an I-94 number, but it might if filed for a K-3, concurrently with an I-485...

I'd look if I was really interested.
chuckbMalePhilippines2008-09-01 18:36:00
K-1 Fiance(e) Visa Process & ProceduresI129F question!
QUOTE (cca @ Sep 1 2008, 07:13 PM) <{POST_SNAPBACK}>
hey guys, im expecting an approval or some kind of movement from our case any day now and im crazily going through in my head anything that may result in an RFE for us.
On the I129F it aks for an I94 number. Long story but i lost my I94 card last summer when i went to the USA. I have since gone to visit sucesfully 3 more times with no questions... but because id lost the card i couldnt fill in when the I129F asked for the number. Does this matter? Did anyone else leave it blank who got approved??
Argh this process makes you crazy haha wacko.gif blink.gif whistling.gif


I'm confused. K-1 visa, you lost your I-94 which should have been stapled in your passport? You visit three more times successfully? On a K-1 visa? Something is missing...
chuckbMalePhilippines2008-09-01 18:20:00
K-1 Fiance(e) Visa Process & ProceduresOverwhelmed about moving to USA
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.


From what you say, you have several options available.

If you visit him here, fall madly in love and get married. You might be able to do an I-130 and an I-485 concurrently for a CR-1 visa. That would allow you to stay while the papers are processed. The problem is that it could be considered fraudulent. That wouldn't be a good thing, but some people do it. Once approved you get the GC and can work, will take time though.

I'm not sure about a work visa. That too could be considered fraudulent, if you married quickly. You could definately be working soon! I think it is a very expensive option though. Not sure how long it takes....

The K-1 takes 8 months to a year usually, no guarantees. If you do it right, you could be working soon after arriving here on the K-1 visa. You would need to apply for an EAD, ASAP. Be aware that on the K-1 visa once you enter the US, you can't leave the country without an AP or your GC and return. The K-1 is a one time Entry Visa. I believe you could visit here on a Visitor Visa, if you have one, before the K-1 is issued.

There are cheaper ways to immigrate here than K-1, but it is all in what you want...

I can't advise you as to what to do, but you have more options open to you than most of us. All I can say is it isn't as easy as most Americans think it would be. We actually think we have rights, which we do, but not to speed up the system!

Chuck B.
chuckbMalePhilippines2008-09-01 17:40:00
K-1 Fiance(e) Visa Process & ProceduresNew to the board, Please Help!
QUOTE (steviez33 @ Sep 1 2008, 04:51 PM) <{POST_SNAPBACK}>
Thank you all. I just wish that the immigration laws weren't so draconian, I also hope she will wait for me, we're so close to being together!


If she won't wait at this point, IMHO you haven't lost anything!

Yeah, why had to have met in the last two years? Who cares, I can almost understand needing to meet sometime, but why the limitations? Especially if you have been in contact with each other. Oh well, most everyone here has been there, done that! Why such a hurry after three years? None of my business!

Gotta do what you gotta do. kicking.gif
chuckbMalePhilippines2008-09-01 16:15:00
K-1 Fiance(e) Visa Process & ProceduresDoes age matter...?
QUOTE (SenoritaTeresita @ Aug 17 2008, 10:27 PM) <{POST_SNAPBACK}>
Hi everyone,

My boy friend in California just filed an I129F petition and now he's concerned if the USCIS or the American Embassy in Manila will frown on the petition because he is now into his 60s. Right now he has a respectable job as a white collar professional but what bugs him is that he'll be retiring pretty soon. Do you think that because he will be on fixed retirement income soon, will the immigration gods be unkind to him, albeit he has lots of pension funds, for working in the U.S. for almort 35 years, in IRAs, 457k and deferred compensation plans in addition to his then monthly SSA benefits and pension from his current employer. Furthermore, the preponderance of the distributions from the pension plans will be used to purchase a single premium immediate annuity to enhance his monthly income. Likewise, he currently has a 200% equity on his home.

The other story is that my fiance is a widower and was married to my older sister for so many years before she passed away recently. He loves me and I love him and we want to be together forever. Again, will the USCIS or the American Embassy put a stopper to our journey just because I'm marrying ex- brother-in-law? helpsmilie.gif helpsmilie.gif helpsmilie.gif


wow.gif That's a different situation! Why not?

I don't know of any reason this would be a problem.

I'm not sure I would tell the Authorities anything unless they ask! But that's always good advise...

Age doesn't matter! Never believed that before, but I do now! rofl.gif
chuckbMalePhilippines2008-08-17 21:47:00
K-1 Fiance(e) Visa Process & ProceduresI need your opinion about 90 days....
QUOTE (~Laura and Nick~ @ Aug 26 2008, 07:34 PM) <{POST_SNAPBACK}>
QUOTE (chuckb @ Aug 26 2008, 06:12 PM) <{POST_SNAPBACK}>
QUOTE (~Laura and Nick~ @ Aug 26 2008, 05:46 PM) <{POST_SNAPBACK}>
I would be very hesitant of waiting till the last possible minute to marry.
You are kind stuck until you marry here...you can't file for anything, can't work, etc. etc. etc.

I would do a small ceremony at the court house and then do something later if you want. We were married 2 weeks after I got here at a very small ceremony.

Your life is totally on hold till you marry when you come down here. I've been here for 6 weeks and I can't wait to work....I'm already antsy. I think I'm going to volunteer.


Huh? The K1 allows you to work, get a SSN, etc. Provided you do it soon enough, I-94 won't expire within two weeks. At 6weeks, you have options...

I agree don't go over the 90 days. We came real close. One week. The officer at the interview made a point of how close we were!


I can't work until I have work authorization, I never got a stamp in my passport when I entered.
So, you get married and then file for EAD smile.gif
Also...a SSN takes at least 6 weeks here and I had to wait 3 weeks before applying...
Really, my life is on hold and so are many others.



For what it's worth, you can file an I-765 EAD earlier (before the AOS). But why? It's really not worth the expense from what I can see.

As I said above, I was wrong. Sorta.

Sorry.
chuckbMalePhilippines2008-08-26 19:20:00
K-1 Fiance(e) Visa Process & ProceduresI need your opinion about 90 days....
QUOTE (chuckb @ Aug 26 2008, 06:12 PM) <{POST_SNAPBACK}>
Huh? The K1 allows you to work, get a SSN, etc. Provided you do it soon enough, I-94 won't expire within two weeks. At 6weeks, you have options...

I agree don't go over the 90 days. We came real close. One week. The officer at the interview made a point of how close we were!


I thought I read something on the Social Security site about the K1 allowing you to work on a K1. The State Dept FAQ's show otherwise. You need an EAD.

http://travel.state...._2994.html#Work

Still researching!
chuckbMalePhilippines2008-08-26 18:30:00
K-1 Fiance(e) Visa Process & ProceduresI need your opinion about 90 days....
QUOTE (~Laura and Nick~ @ Aug 26 2008, 05:46 PM) <{POST_SNAPBACK}>
I would be very hesitant of waiting till the last possible minute to marry.
You are kind stuck until you marry here...you can't file for anything, can't work, etc. etc. etc.

I would do a small ceremony at the court house and then do something later if you want. We were married 2 weeks after I got here at a very small ceremony.

Your life is totally on hold till you marry when you come down here. I've been here for 6 weeks and I can't wait to work....I'm already antsy. I think I'm going to volunteer.


Huh? The K1 allows you to work, get a SSN, etc. Provided you do it soon enough, I-94 won't expire within two weeks. At 6weeks, you have options...

I agree don't go over the 90 days. We came real close. One week. The officer at the interview made a point of how close we were!
chuckbMalePhilippines2008-08-26 17:12:00
K-1 Fiance(e) Visa Process & ProceduresShell Shocked
QUOTE (Liam and Kara @ Oct 26 2008, 06:10 PM) <{POST_SNAPBACK}>
QUOTE (Terri and Seb @ Oct 26 2008, 01:05 PM) <{POST_SNAPBACK}>
Awww, that's so heartbreaking. Welcome to visajourney. If you need any UK specific advice, don't hesitate to send me a message. The guides here are incredibly helpful and the people are really friendly.


hi a question for you or anyone to answer....when Kara files I-129 in USA bo i need to send over my documents to her in original form or photocopies?


Ouch, tough question! Some of them need to be original, and others don't. I'm trying to remember what is required, and the requirements have changed since I filed mine... I helped on one recently, though....

The G-325a can be signed by the petitioner as the petitioner according to the USCIS help line, for the fiance.

Pictures, well I'd think original!

Anything else, I'd think photocopies would be fine. For the I-129f I can't remember any other requirements, till the Interview. Maybe I'm geting old...

Edited by chuckb, 26 October 2008 - 05:57 PM.

chuckbMalePhilippines2008-10-26 17:56:00
K-1 Fiance(e) Visa Process & ProceduresShell Shocked
What a tough break, my sympathies.

I totally agree with telling the truth to any Immigration Officer. If you don't, it may bite you someday, but it's only what you tell them that can hurt you. If they don't ask, you don't need to tell. Be it right or wrong, this is true in almost any situation.

I know, some people think that this is the same as lying, but we all do this in some way or another. You have to know where to draw the line, your self interests are at stake. Be truthful, but don't tell all you know, especially if it will likely hurt you, as it did in this case.

If they ask a direct question that hurts your situation, then so be it. Likely, an honest answer will earn you respect, and maybe a chance, because you aren't hiding anything. You just demonstrated that.

As PSHBRK said, there is "truth", and then there is "truth."
chuckbMalePhilippines2008-10-26 16:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow to assemble the I-864 (Affidavit of support) package?
QUOTE (Malrothien @ Aug 30 2009, 06:49 PM) <{POST_SNAPBACK}>
R8, while helpful, that's not the right AOS. smile.gif


Check under the NVC wiki - there is an example I1864 cover letter.

http://www.visajourn...64_Cover_letter




Then my bad. good thing you got their back!!!!!
r8rfanisiMaleMoldova2009-08-30 19:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow to assemble the I-864 (Affidavit of support) package?
http://www.visajourn...k2visa-aos.html



6.2)...What forms and other items are required for Adjustment of Status?

Please see the K1 & K3 Adjustment of Status Guide. In short though you will require the following forms:

1. Payment(s) as required by USCIS. Be sure to include the payment for both the I-485 and the biometrics fee*. Use a money order so you can track the payment. If a personal check is allowed, use that instead. >> The fee for I-485 applications filed on or after July 30th 2007 inlcudes the cost of the I-131 and I-765 (no need to pay for them if filed with or while your I-485 application is pending adjudication -- as long as you paid the "new" rate for the I-485 effective July 30th 2007).
2. Cover Letter. Should include a description of what your are petitioning for (I-485), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.
3. Form I-485: Petition for Alien Relative
4. Copy of the non US Citizen Spouses Passport (biographical page as well as entry stamps).
4a. Copy of the non US Citizen Spouses K-1 or K-3 Visa from Passport
5. K-1 Visa Holders: Submit Copy of NOA2 "Approval" for I-129F **
K-3 Visa Holders: Submit Copy of NOA2 "Approval" for I-130
6. Copy of the non US Citizen Spouses valid I-94 (front and back copies)
7. A copy of the intending immigrant's birth certificate along with English translation. (If in any language other than English)
8. A certified copy of your marriage certificate. (If filing for your spouse)
9. Two passport-type photos (see specification) of the Non US Citizen Spouse. Write the full name on the back. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a.
10. G-325A filled out, signed and dated. If you are using a newer version of the G-325A it may only contain one page for "Biographic Information". Be sure to make four copies of the completed "Biographic Information" page to submit with the package.
11. I-693, Medical Examination of Aliens Seeking Adjustment of Status. (If you already have this from your overseas Visa Interview submit a copy that medical check form; No fee is required in this case. If you are a K-1 fiancé(e) or K-2 dependent who had a medical examination within the past year as required for the nonimmigrant fiancé(e) visa, you only need to submit a vaccination supplement, not the entire medical report. You may include the vaccination supplement with your adjustment of status application.)
12. I-864, Affidavit of Support (see poverty limits here)
>> Include any additional required supporting documentation
13. I-765, Application for Employment Authorization, if you want to work while your application is processed (optional)
>> Include any additional required supporting documentation or photos.
14. I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed (optional)
>> Include any additional required supporting documentation.
* Fingerprint fee not needed for applicants under 14
** Should this document be misplaced/lost/never received you can file an I-824 to receive a duplicate copy via mail.
r8rfanisiMaleMoldova2009-08-30 19:44:00
K-1 Fiance(e) Visa Process & ProceduresHELP!!! The ticking clock
:help: Help!!! :help:

The ticking clock. :o It is so dramatic in the movies. Now I got one of my own.

This is my first go at this, so I'm trying to learn the process. With the rate increases right around the corner, I am dying to get my packet off in the mail ASAP. I"m sure most of the answers are posted somewhere, but I ain't got hours upon hours to find all my answers, So I'm calling to for backup on this one. with good fortune, I will get my postmark and pay the old fees, and meet some good people along the way.

G325A

File Number. Whats that?
Alien Regestration. Whats that?

I129F

Part B, #16 native alphabet. Moldova uses the Latin alphabet. my sweetie lives in the rebel-state of Transnistria, and they use the Cryllic alphabet. what do I use here?

The Infamous B, #19. If Freepresonals.ru a marriage broker? I didn't pay, nor do I think she did.

Part C: The criminal record. I had a D.V. seven years ago. I was arrested on 3rd degree assualt (wrecklessly causing bodily injury). It was plea bargained to chiminal mischief (damaged property of less than 100 dollars of value). on a defered judgement. I know I must send in copies of this, even though I withdrew the plea of guilty. I can't prove self devence, of extreme cruelty. What's going to happen? This is my only blemish on my record. I never even had a speeding ticket. If anyone else has similar circumstances, let my know how it played out.

that is all my questions........For now.
r8rfanisiMaleMoldova2007-07-17 21:49:00
K-1 Fiance(e) Visa Process & ProceduresFinding an acceptable excuse (LIE) so that i can escape work for a month ............. HELP
QUOTE (charles! @ Feb 5 2009, 12:09 PM) <{POST_SNAPBACK}>

dude, you make laugh. rofl.gif rofl.gif rofl.gif rofl.gif I look for you in threads.
r8rfanisiMaleMoldova2009-02-05 19:05:00
K-1 Fiance(e) Visa Process & Proceduresround trip ticket?
thanksd to all people with the help

r8rfanisiMaleMoldova2009-08-30 18:29:00
K-1 Fiance(e) Visa Process & Proceduresround trip ticket?
is my fiancee required to have a return ticket when she arrives? I have asked my travel agent, and I can not purchase a ticket that departs from her country. I can only get one that departs from here, and only use the return ticket.

thank you in advance

r8rfanizme
r8rfanisiMaleMoldova2009-08-30 08:18:00