ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresAvoid unnecessary RFEs! (same sex marriage I-129F petitions)

hello guys

we received our RFE hard copy, they are asking from us in which state we are planing to celebrate our marriage and they want copy of the law of the relevant state where it says same sex marriage is legal

we will send everything tomorrow 

 

thanks

 

Did u have to resend both of you and your partners letter of intent again?

 

Sincerely,

Jonathan.


natebarrerasMale02013-10-29 00:04:00
K-1 Fiance(e) Visa Process & ProceduresAvoid unnecessary RFEs! (same sex marriage I-129F petitions)

i just got an RFE regarding this. Ugh !cray5ol.gif

 

I'm wondering if my fiance and I (the petitioner) will both need to re-submit our letter of intent. Or I alone could send it. Also, we're planning on getting married in NY. Anyone knew where I could find their "relevant state's law of marriage"?

 

Sincerely,

Nathan


Hi fellow VJ'ers -

 

It may be worth updating the VJ website regarding two specific requirements for same sex marriage I-129F petitions to help prevent others from encountering the RFE that we just received today.

 

We filed our I-129F on June 28, 2013, just two days after DOMA's Supreme Court smackdown. Shortly after this, we read on websites like Immigration Equality that same sex couples should include verbiage in their "Intent to Marry" letters declaring the US state in which they plan to marry, specifically a state that allows legal same sex marriage.

 

Since we had already sent off our petition without it, we were hoping that including the intended marriage state was merely a "friendly suggestion" to help reduce the likelihood of generating an RFE.  Unfortunately, we've learned today that omitting this info *will* generate an RFE.

 

However, in addition to asking us to "identify the state in which we intend to marry", the RFE also asked us for something we had not read anywhere else: to provide a "copy of the relevant state's marriage laws permitting people of the same gender to legally marry." 

 

Since we are getting married in Maryland, we included a copy of Maryland's House Bill (438) that legalized same-sex marriage, as well as a USA Today /AP press article that identified that legal same sex marriage had begun. We contacted Immigration Equality who suggested providing both the legal documentation as well as a public article from an established news source. 

 

Hopefully, this will help any of you who are starting out your journey, and I hope that VJ will update the FAQ's to point out this important requirement distinction for same sex couples.

 

Best of luck to all!

 

Rob and Adrian 

 

 

 

i just got an RFE regarding this. Ugh !cray5ol.gif

 

I'm wondering if my fiance and I (the petitioner) will both need to re-submit our letter of intent. Or I alone could send it. Also, we're planning on getting married in NY. Anyone knew where I could find their "relevant state's law of marriage"?

 

Sincerely,

Nathan

 


natebarrerasMale02013-10-28 04:17:00
K-1 Fiance(e) Visa Process & ProceduresIfling k1 from abroad, Do I need a cosponsor?

you parents won't need to mail anything from USCIS to you,

the important hunk o mail is the NOA-2, approval notice. 

 

Tell them to HANG ON TO IT - as you need it for filing the Adjustment of Status case after you two marry in the USA.

 

Visa Chasing, after I-129F approval, is a different thing in China - gotta study at ustraveldocs.com/cn - I'm betting yer attorney not aware of any of the process there.  If that's, indeed, the case, scamper. 

 

as to your addresses - well - it IS CAPTURED on the G-325A on you, so plan accordingly - many include a note in the form 'see continuation sheet' with a continuation sheet that lists the foreign address but instructs USCIS to send all postal mail to a USA address. 

 

 


DarnellMaleChina2014-03-12 02:05:00
K-1 Fiance(e) Visa Process & ProceduresWhat's the expiration date on this product?

who waits asap? no la.

 

 


DarnellMaleChina2014-03-12 23:30:00
K-1 Fiance(e) Visa Process & ProceduresWhat's the expiration date on this product?

when yer lass receives the passport back,

there's a visa stamp inside.

 

Generally speaking, the duration on the two dates represents 6 months,

with the first date being on or around the date of the medical exam.

 

She could enter on the last day printed there, and be allowed in.  I wouldn't risk it, trying instead for the last week at a minimum.

 

 

 


DarnellMaleChina2014-03-12 10:10:00
K-1 Fiance(e) Visa Process & ProceduresCan i buy my ticket now???

I think it'll be tight,

as GUZ IV isn't done with stuff.

 

 


DarnellMaleChina2014-03-20 11:38:00
K-1 Fiance(e) Visa Process & Proceduressame sex fiance visa

So I could file now while I am in Manila, then go to california to look for a job? smile.png

Yup.  Why the longish q/a, though?


DarnellMaleChina2013-07-13 14:15:00
K-1 Fiance(e) Visa Process & Proceduressame sex fiance visa

re: financial evaluation - that's done on interview day, never prior. 

 

you could file, actually, mailing from the RoP on Monday, if you desired...


DarnellMaleChina2013-07-07 20:48:00
K-1 Fiance(e) Visa Process & ProceduresIs we or ain't we ... registered?

re: the document delivery address -

this is an easy thing (once you finish the registration process)

as

you two are picking a CITIC Bank Location that handles the visa packet delivery.   Once the IV UNIT is done with the visa, a visa packet is generated, and is slogged over to the CITIC Bank location chosen in that portal.   The coversheet actually is handed over on interview day, kept with the casefile, so the workers without computer access will know how to route the file.  

 

CITIC Bank courier is fast, once it gets out of the IV Unit, and is one of the last things in this process.   If you have a moment, study the K-1 visa flowchart in the guides section - that's the basis of stuff, with new, extra wrinkles thrown in by GUZ IV and CGI/Stanley/ustraveldocs


DarnellMaleChina2014-04-02 11:52:00
K-1 Fiance(e) Visa Process & ProceduresIs we or ain't we ... registered?

sorry, the next step,

the visa application,

must be handled.

 

USCIS is done with the case, now the Department of State, Immigrant Visa Unit at Guangzhou, China, takes over.

 

GUZ IV has contracted with CGI/Stanley, who created a webportal for usage at ustraveldocs.com/cn and for further visa application processing and intake,  one has to register an account there for the K-1 visa application stuff.

 

It's a slog, to be sure, and you have to pay the Visa Application fee at a CITIC Bank, but hey !

 

That notice is a good sign that they've opened the casefile.

 

When you get a moment, study a bit in the China sub-forum, from a PC, as there's topics there on what folks have done in the last 6 months.

 

FWIW, chasing after a K-1 visa is a multi-part process - you're done with the USCIS part, the I-129F petition was approved, now your beneficiary is allowed to apply for the visa based on petition approval.

 

Go Get Em, and Good Luck !


Edited by Darnell, 02 April 2014 - 11:44 AM.

DarnellMaleChina2014-04-02 11:43:00
K-1 Fiance(e) Visa Process & ProceduresGot the NOA2 now what?

ya ... sorry.    K-1 visa holders must adjust status, after marriage to a USCitizen, filing the big AOS set,

but

 

if the paperwork is stellar, expect a EAD card within 90+ days of filing the big set.

 

I know you said you reviewed the K-1 flowchart in the Guides Section,

but

I suggest you do it again, when using a PC [handphones suck for important stuff, here]

 

 


DarnellMaleChina2014-04-05 17:44:00
K-1 Fiance(e) Visa Process & ProceduresGot the NOA2 now what?

no, that's not for K-1 visa holders, at all.

 

Sorry™.


DarnellMaleChina2014-04-05 17:40:00
K-1 Fiance(e) Visa Process & ProceduresGot the NOA2 now what?

you could study the I-134, as it's the affadavit of support form that is presented on interview day.

 

The I-864 is submitted with the Adjustment of Status case, filed in USA after marriage in the USA.   Probably a lot of the same data, you can crib I-134 data onto the I-864 later.

 

 


DarnellMaleChina2014-04-05 16:40:00
K-1 Fiance(e) Visa Process & ProceduresDelaying Packet 3 and Interview

Hi bigjohn7502, really appreciate your reply! Yes I'm from Singapore. Originally our plan was to leave this August 2014 (same as your timing), but my job promised that I will be transferred to San Francisco branch if I serve 1 year with them (which ends next May 2015). I am unsure if I'm making the right decision, was given advise from people (who never petition for K1 before) to ensure job security before going to the States as the market is really bad. Should I re-prioritize things on my side to get everything worked out?

 

as a K-1 visa holder,

is impossible to work in USA without an EAD card or a greencard.

 

To chase either/both, you must file the big adjustment of status case with USCIS,

and yer going wait at least 90 days after filing for the EAD card,

so

factor 4 to 6 months from the date you hit USA soil to the date you could actually work, legally, for the San Francisco branch.

 

 


DarnellMaleChina2014-04-07 20:47:00
K-1 Fiance(e) Visa Process & ProceduresDelaying Packet 3 and Interview

here's something fun -

after the visa is issued, after the interview date,

usually you have 6 months from the medical exam date on visa duration of validity,

so that's 6 months extra that you have, roughly, to transit into the USA.

 

 

refactor your plan, soonish.

 

OTOH, what's the worst possible thing that will happen when you give notice to terminate the work contract? 


DarnellMaleChina2014-04-07 20:44:00
K-1 Fiance(e) Visa Process & ProceduresOpinion on how to approach this matter

they would have had to have met within a 2 year span prior to filing the I-129F.

 

 

So, if the I-129F was filed (for example) on 4/15/2014,

then sometime, anytime, with a 2 year span going back to 4/15/2012,

they would have had to have met 1 time.

 

 


DarnellMaleChina2014-04-09 20:09:00
K-1 Fiance(e) Visa Process & ProceduresCan girlfriend come here then file?

Why are her choices live with parents or be homeless?  She is 23, she can move anywhere in the lovely country of Canada and get a job in the meantime.  Or get a part time job and continue school and find her own place.  There has to be student housing in Toronto since so many universities are there.  Room shares, things like that.  Time to grow up :)

 

Edit:  Here is a private room for $425/a month. Not bad.  http://toronto.en.cr...4391391308.html

 

$500 private room with a private bathroom.  http://toronto.en.cr...4391346123.html

 

not to mention the extra bits a loving spouse gives over in the monthly allowance, as well !

 

geez !
 


DarnellMaleChina2014-03-25 11:38:00
K-1 Fiance(e) Visa Process & ProceduresIs this a problem?

not claiming him for next year = tax year 2014, filed in 2015.

 

Will a review of tax data for 2014, reviewed in 2015 after filing,

 

affect YOUR calendar for filing for any immigration status?

 

 


DarnellMaleChina2014-04-15 09:59:00
K-1 Fiance(e) Visa Process & ProceduresIs this a problem?

So what matters is how much he made in 2013 and not this year? If he made less than what u said in 2013 then we have a prob?

 

current annual income and

prior annual income

are evaluated.

 

I'm sorry you not review the 3 things I listed in post #18 - this stuff is important.


DarnellMaleChina2014-04-08 11:52:00
K-1 Fiance(e) Visa Process & ProceduresIs this a problem?

bonus points for doing stuff listed in post #18.


DarnellMaleChina2014-04-07 23:23:00
K-1 Fiance(e) Visa Process & ProceduresIs this a problem?

I'm not sure how this works. He tried to explain but it makes no sense. He's saying that he claimed him for last year... He filled it this year but he's telling me that his nephew isn't included in his household this year...

 

study (in this order) :

I-864P

I-134

I-864.

 

Report back, when you've finished up this study.

 

 


DarnellMaleChina2014-04-07 20:24:00
K-1 Fiance(e) Visa Process & Procedures3 years for a fiance visa?

Hullo Mike -

 

ask for a timeline of things for the 3 year duration, from this friend, from beginning to end.

 

report back, when able.

 

 


DarnellMaleChina2014-04-09 10:21:00
K-1 Fiance(e) Visa Process & Procedures3 years for a fiance visa?

ask for a timeline of things for the 3 year duration, from this friend, from beginning to end.

 

report back, when able.

 

 


DarnellMaleChina2014-04-07 23:07:00
K-1 Fiance(e) Visa Process & ProceduresMy fiance's in serious trouble and has to leave her country

student visa in Malaysia, instant residency status.

 

 


DarnellMaleChina2014-03-23 06:49:00
K-1 Fiance(e) Visa Process & ProceduresMy fiance's in serious trouble and has to leave her country

It could be challenging to get an expedite, but no harm trying.

 

Well, the cool bits is that there's LEGAL documentation issued already, from a court.   That's a plus.   Toss in an affadavit and several letters of attestation, and IMO the expedite will fly.


DarnellMaleChina2014-03-20 11:50:00
K-1 Fiance(e) Visa Process & ProceduresMy fiance's in serious trouble and has to leave her country

Thanks for the info Harpa.  I don't want to go into too much detail publicly.  But basically she's a Christian living in a Muslim country.  And someone who has been a trusted family friend has turned on them and is very angry and is making very serious threats about killing her and her sister.  They've had to flee their home because he knows where they live.  And they're staying with other people right now.  It's a very serious and dangerous situation and their lives are very much at risk.  

 

I suggest they go to Malaysia,

then once there,

enroll in university there (doesn't matter their age) , getting their visas changed after enrollment,

and then wait it out (the rest of the visa process)

but

when the casefile hits NVC, get a supervisor on the phone and have the casefile rehomed to Kuala Lumpur.

 

Hurdles:

1.  need a Police clearance certificate from Pakistan for USA Visa Interview Day- unknown how to get this remotely.

 

 


DarnellMaleChina2014-03-20 11:25:00
K-1 Fiance(e) Visa Process & ProceduresChild of K-1 Visa holder entering USA at a later date

1.  many times, all of the visa packets are put together into one packet at the Embassy after the interview - so when she is at the embassy iv unit on interview, talking with the Vice-Consul, ask that the visa packets be seperated, noting different travel dates. If this doesn't happen - expect big trouble at the POE when the K-2 kids come through, as they not have any visa packet to hand over - the visa stamp in the passport isn't enough.

 

2.  Kids can travel with the AP/EAD combo card and their passport - usually gotten 90 to 110 days after applying for adjustment of status.   We've a guide on what to do for this filing - take a look in the GUIDES section. But that's only 1 piece of the calendar - you have to fill in the variable bits, ie:

1.  POE date

2.  AOS Filing Date - it's usually 90 to 110 days past this, that the AP/EAD combo cards arrive.

 

 


DarnellMaleChina2014-05-08 14:28:00
K-1 Fiance(e) Visa Process & Procedurestime frame for expedite K1 application?
ya , get an ISO this time:

http://www.dhs.gov/f...5658440339.shtm

the first fella that answers the phone has almost no access to your actual casefile status on the computer screen. a bit, but an ISO has higher level computer access, can see what's really going on with yer casefile and the casefile status.

Good Luck !
DarnellMaleChina2012-04-28 09:16:00
K-1 Fiance(e) Visa Process & ProceduresWhere can I find details on the entire process

one thing I've found

is that if you study the Guide and Flowchart

from a PC

then it's so much easier.

 

If'n yer using a handphone to check in here - please turn it off. Come back on a PC.


DarnellMaleChina2014-05-11 18:48:00
K-1 Fiance(e) Visa Process & ProceduresI looked at the guide but I don't see a list of fees

the k2 visa fee is the same amount as the k1 visa fee,

so add it in to your list.

 

 

Good on you for compiling a list.

Unsure if someone has mentioned this, but - fees change over time.

 

 


DarnellMaleChina2014-05-15 10:59:00
K-1 Fiance(e) Visa Process & ProceduresHelp... My e-mails..

depends on:

1.  computer OS 

2.  web browser 

3.  web browser settings

4.  default printer settings for _that_ printer 

 

so - could you, at least, list these 4 things?  maybe someone can help you trouble shoot. 

 

 


DarnellMaleChina2014-05-16 21:38:00
K-1 Fiance(e) Visa Process & ProceduresHas Anyone Entered US With Opened Envelope?

So alas, my fiancée is finally traveling to the US to be with me.  In old posts, travelers needed to have a sealed package of papers that were provided to them by the Consular interviewing officer, to be handed to the immigration official on entry to the US.  My fiancée was not given any direction to do so, but was simply handed back most of the papers she provided during the interview.  I know much of the processing is now automated, so does anyone know if the traveler is still required to hand a sealed packet of papers to the immigration officer on entry to the US?  Anyone who has traveled on a K1 visa in the last few months?

 

Many thanks!

 

Max

 

I ask that you write of:

 

passport retrieval and mechanism used .

verbose written description of visa stamp inside passport.

 

Otherwise, without a visa packet actually sent out by 2go,

your original missive makes no sense - The Venn Diagram describing your written situation in not plausible.
 


DarnellMaleChina2014-05-18 09:54:00
K-1 Fiance(e) Visa Process & ProceduresHas Anyone Entered US With Opened Envelope?

does she have passport back already, with visa stamp inside of it? 

if yes, and she not have the visa packet, contact the IV Unit at Manila immediately - something fell on the floor 

 

or 

 

if she has not received the big mailer yet from Manila IV, 

wait for it. 

then study what's in it. 

 

should be:

1.  passport with visa inside it 

2.  sealed envelope containing all of the forms, documents, that you and her submitted to get the visa , from day 0 till yesterday and 

3.  stapled to the outside of the visa packet, a collection of papers that you or her should scan and email around. 

 

so, whatcha got, or don't got? 

 

and - is yer timeline accurate?  2014-04-30 for visa received date... 

 

 

 


Edited by Darnell, 17 May 2014 - 09:53 AM.

DarnellMaleChina2014-05-17 09:52:00
K-1 Fiance(e) Visa Process & ProceduresFiancee got his packet but still no mail from NVC....

if you want the consular casefile # from NVC,

 

 

call them ! use a telephone ! give over the USCIS Receipt # and the NVC TeleOperator will give you the GUZ #.

 

otherwise - since GUZ IV is communicating with yer fiance,

you should study a bit over at

ustraveldocs.com/cn

 

 


DarnellMaleChina2014-05-21 23:03:00
K-1 Fiance(e) Visa Process & ProceduresPort of entry took K1 package

the yellow book is the international shot record

and

 

any competent us civil surgeon is able to transpose that data in the yellow book ...

 

 


DarnellMaleChina2014-05-26 12:42:00
K-1 Fiance(e) Visa Process & Procedurespetitioner recieved NOA's

you did?   then which stage on you on - from his Guide?  [yes -- this is a test]


DarnellMaleChina2014-05-30 12:36:00
K-1 Fiance(e) Visa Process & Procedurespetitioner recieved NOA's

Thank you sweet cakes but I have now my MNL# should I contact again the NVC for another MNL#? Im trying to send you the pictures.. Hold on.

 

Have you studied Hank_ 's Handy-Dandy, Neeto-Keen [Yet Spiffy] Guide to SuperFast K-1 Visa Chasing for Manila?

If no - please find it - have a read.


DarnellMaleChina2014-05-30 12:25:00
K-1 Fiance(e) Visa Process & Procedurespetitioner recieved NOA's

petitioner only receives that - 

 

however - Manila IV sometimes sends COPIES out to the beneficiary as things move along. 

 

Just got approved? More stuff to do. 

 

Want a Consular Casefile #?   Call NVC about 3 weeks after NOA-2 date and inquire. [yes, use a telephone] 

 

not need 'a letter' from NVC for your process. 

 

Have you studied Hank_ 's Handy-Dandy, Neeto-Keen [Yet Spiffy] Guide to SuperFast K-1 Visa Chasing for Manila? 

If no - please find it - have a read. 

 

 


DarnellMaleChina2014-05-30 11:30:00
K-1 Fiance(e) Visa Process & ProceduresNeed help need my boo next to me

what's the current status up at the CEAC website?

 

 


DarnellMaleChina2014-06-02 14:39:00
K-1 Fiance(e) Visa Process & ProceduresI am here to help and serve

why not post in open forum instead? 

 

PMs can be rife with errors and when ya post in open forum - the reader usually gets peer-review if something is untoward. 

 

 


DarnellMaleChina2014-06-04 14:12:00