ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresFiancee Petition (K1 VISA) pending at USCIS-CSC

They are going to tell him the same BuII #######. No need

Sam


That's pretty cold, Sam. You know that, right?

In the mean time, a Tier 2 Human, an ISO, can cover MOST over the phone, same as what one would learn at an infopass appointment.
But Sam, you knew that already, right?
DarnellMaleChina2010-09-17 18:29:00
K-1 Fiance(e) Visa Process & ProceduresFiancee Petition (K1 VISA) pending at USCIS-CSC
hey !
I have a big suggestion for you...

Please call into USCIS sometime soonish
and
ask for an ISO, Tier 2 Human™ - see http://www.dhs.gov/x...37986181.shtm#5

Once you get an ISO on the phone, ask them

--what's the status on the case?
--are namechecks complete?
--what's holding up the approval ?

------------------------
Then please, post back here with yer results? TIA !
DarnellMaleChina2010-09-17 17:27:00
K-1 Fiance(e) Visa Process & Proceduresneed help I129f case is out of date
ah - ok.

suggest you call USCIS again - on Monday - but

get an ISO, a Tier 2 Human™ - see http://www.dhs.gov/x...37986181.shtm#5

when you get the first human, ask for an ISO. The first human is clueless, mostly.

pointed questions to ask:

--you received all evidence back on the RFE, what is current status of RFE review?
--is the petition under AP? for what? and when will it be finished?
--who has my casefile now?
--are namechecks complete?
--what is the current status on my casefile?

--------------
Good Luck !
DarnellMaleChina2010-09-19 15:14:00
K-1 Fiance(e) Visa Process & Proceduresneed help I129f case is out of date
I'm terribly muddled by yer question -

the '4 month mark' confuses me even further.
DarnellMaleChina2010-09-19 13:47:00
K-1 Fiance(e) Visa Process & ProceduresComplicated k1 process
if i were in yer shoes, i'd make sure the fiance not mention your current location, at all.

but do please make that phone call, talk with a Tier 2 Human™.
DarnellMaleChina2010-09-17 14:02:00
K-1 Fiance(e) Visa Process & ProceduresComplicated k1 process
suggest yer USC fiance call USCIS again,
but this time,
get an ISO - see http://www.dhs.gov/x...37986181.shtm#5

don't muck about with Tier 1 person.

Ask the ISO to check on case status, specfically -

what's being done now that the RFE was answered?
DarnellMaleChina2010-09-17 13:46:00
K-1 Fiance(e) Visa Process & ProceduresForm DS-230 needed for K-1?
Whoops - I am dead wrong ! Belay my last!

see http://photos.state.... Packet_001.pdf
for the 'current stuff'
DarnellMaleChina2010-09-21 11:25:00
K-1 Fiance(e) Visa Process & ProceduresForm DS-230 needed for K-1?
Yup, it's part of her 'visa application forms set'. There are others to fill out, as well.

She would fill out only Part I, Part II is for Immigrant Visa Applicants.

*** moving to K-1 forum ***
DarnellMaleChina2010-09-21 10:49:00
K-1 Fiance(e) Visa Process & ProceduresFiance's child-to-follow questions.
Ya - I echo what Audy_Rob mentions -
have the USCitizen Spouse (later, when married and the foreign spouse has green card in hand)
file an I-130 petition on the child - will result in a CR-2 visa

the good news, is that it can be filed anytime, but I suggest not to file
until age 16 or so - current regs state (I'm going from memory here, at it might change in 10 years):
--must have married the child's parent prior to child turning 18
--child's parent must be an LPR (or higher)
--can file up to age 18 (or is it 20?) but is better to file prior, so that the CHILD arrives in USA prior to 18th birthday (or is it 21st birthday?)

Good Luck !
DarnellMaleChina2010-09-21 17:16:00
K-1 Fiance(e) Visa Process & ProceduresHelp please !! Panicing..
uhm - where were the CA police records sent TO? which address?

If yer personal address -wei - you need to check in with your postman and his buddies, bring a plate of jiaozi every week, remind them to look for your letters

IF the address was to US Consulate IV Unit/Guangzhou - you should check in with the IV unit via email, once a week, remind them that the letters came into the mail room already.
DarnellMaleChina2010-09-06 15:53:00
K-1 Fiance(e) Visa Process & ProceduresPolice clearance certificate Question ?
*** not a K-3 visa topic - moving to K-1 visa forum ***
DarnellMaleChina2010-09-21 21:59:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS-CSC background check delayed the case
Amy - ya, that's a bit strange, yes?

to the OP - you should click on yer name, upper right corner, select 'My Content' then study the replies to yer prior topics.

Seriously.
DarnellMaleChina2010-09-21 23:13:00
K-1 Fiance(e) Visa Process & ProceduresNOA2 - Documentary Evidence
what checklist, exactly, are you referring to ?

if you can post an url, or an instruction reference from a form, that'd be helpful.

re: 'everything I need in advance' for the NOA-2 arrival - pardon? What?

There's a whole nother step for getting a K-1 visa, and that's 'to fill out the Visa Application' once the I-129F petition is approved.

Ya don't need the NOA-2 document to include in any Visa Application - but - ya do need the NOA-2 letter when/if an AOS package is filed, after marriage in the USA.

if yer referring to the checklist from the EMBASSY - those 'original documents' are
--birth certificate
--police clearance certificate
--prior divorce documents, if any.

Edited by Darnell, 22 September 2010 - 04:36 PM.

DarnellMaleChina2010-09-22 16:36:00
K-1 Fiance(e) Visa Process & Procedures6 Months til we get married-K1?

Thanks!

I have another problem. I am a pilot and all of my flying is into the USA. How can they deny me to cross the border while my Visa is being approved?


I think you are fine on flying into the USA for your work, you have 'other status' because you are a pilot - so concept of 'border crossing' is waaaaaaaaaaaaaaay different for you than someone just driving across the border or going through a regular airport POE/CBP checkpoint.

IMO, any 'filing status' on yer casefile will not matter, as you have OTHER status as a pilot.

But - check into this, soonish.
DarnellMaleChina2010-09-23 15:00:00
K-1 Fiance(e) Visa Process & Procedures6 Months til we get married-K1?

Isnt an AOS alot faster and allows you to work and reside in the USA from the date of your marriage?


Reside? Yes.
Work? No.
To Work, you MUST have EAD in hand, at a minimum, when doing AOS.

But to be blunt -
Filing AOS doesn't get you any 'blessing' on anything.
RECEIVING A GREEN CARD gives you status.
Inbetween filing and receiving? Yer in limbo on many things, especially work. If you leave USA whilst AOS is processing, you might be 'viewed' as abandoning yer AOS application.

Could she move to Canada, live with you after marriage, instead? If the goal is to 'be together', then you might have the same amount of time, from start to finish (including 6 month residency requirement on HER) by filing a DCF'd I-130 6 months after her 'residency' date - but she'll need to get some 'Canadian Residency Permit' - which I understand to be dead easy when married to a Canadien.
DarnellMaleChina2010-09-17 13:53:00
K-1 Fiance(e) Visa Process & Procedures6 Months til we get married-K1?
Hey ! maybe time to review this??--> http://www.visajourn...content/compare
DarnellMaleChina2010-09-17 13:48:00
K-1 Fiance(e) Visa Process & Procedures6 Months til we get married-K1?

I am in Toronto.


Then yer 'homed' to Montreal.

Good Luck !
DarnellMaleChina2010-09-17 13:29:00
K-1 Fiance(e) Visa Process & Procedures6 Months til we get married-K1?
If you are NOT Interviewing in Montreal, then I'd suggest to you that you have a shot at making that date.

IF you are 'homed' to Montreal, though - NO WAY !!! Montreal is lagged, is deep black hole, slimey pit of despair.
DarnellMaleChina2010-09-17 12:02:00
K-1 Fiance(e) Visa Process & ProceduresRight time to refile k1. Please help.
did he request, in writing, a waiver of the IMBRA regs , in a cover letter submitted with the I-129F, or no?

Did he LIST the prior filings, as well, on the I-129F form?

Usually, those 2 things make a world of difference.
DarnellMaleChina2010-09-24 08:02:00
K-1 Fiance(e) Visa Process & ProceduresLost boarding passes
ya, stamps in passport ...

but - you have any of the bag tags?
DarnellMaleChina2010-09-23 12:36:00
K-1 Fiance(e) Visa Process & ProceduresPacket 3 - Sent but not received
which embassy?
DarnellMaleChina2010-09-21 13:19:00
K-1 Fiance(e) Visa Process & ProceduresVaccination Requirements -- Where Documented?
I would have thought the required vaccinations were determined during the medical exam. But, if they were, they were not documented in her medical exam forms.

Don't the vaccination requirements vary with the person, their history, and country they're from? Who decides what is needed in each individual case? I don't understand our next step.
dstoneMaleChina2010-08-29 13:22:00
K-1 Fiance(e) Visa Process & ProceduresVaccination Requirements -- Where Documented?
My fiancée is in the US and we want to get required vaccinations for the adjustment of status. Where are the vaccination requirements documented? The Vaccination Document Worksheet attached to the completed medical exam form DS-2054 is completely blank. Thanks.
dstoneMaleChina2010-08-28 14:51:00
K-1 Fiance(e) Visa Process & ProceduresThe Second time?
sorry, you'll need to write a letter, include with I-129F petition, asking for a waiver from the IMBRA 'rule'.

It's ok to disagree with me.

When you get the RFE for the waiver, though - it's a good time to look up 'how to write the waiver'.

Pardon, you asked about this - even if you didn't 'know' you were asking about this.

If you want to get a sanity check, contact Marc Ellis, pay for a coupla hours of consult, let him teach you.
Marc Ellis is highly recommended - and IMO, you will need MORE than just a 'DIY' set of instructions on the 2nd filing.

Edited by Darnell, 06 June 2010 - 12:43 PM.

DarnellMaleChina2010-06-06 12:43:00
K-1 Fiance(e) Visa Process & ProceduresThe Second time?
USCIS played the 'validity age out game'. Sorry. You lost.

re: re-use original documents. Suggest you not use the original I-129F, it had problems with a birthdate.
You probably have a birth certificate, some certificate of single status, and a police clearance certificate, right? all translated into English?

The police clearance certificate has a 'lifespan' of one year from issuance date - the rest is OK to re-use (should you get them back, that is)

then.... must redo the medical exam, as well (if more than 1 year between the last one and the new interview date).

I strongly suggest you check in with Marc Ellis, pay for a coupla hours of consult, let him guide you in prepping the new I-129F casefile for submittal. google 'Marc Ellis Immigration' for his contact info.

Finally, you'll need to write a letter, include in I-129F submittal, covering a waiver for IMBRA. (this is yer 2nd K-1 within 2 years )


Good Luck !

Edited by Darnell, 06 June 2010 - 04:01 AM.

DarnellMaleChina2010-06-06 03:59:00
K-1 Fiance(e) Visa Process & ProceduresVisa payment before or after
Before. Usually.
DarnellMaleChina2010-06-07 05:52:00
K-1 Fiance(e) Visa Process & Procedures2nd Notice of Action??? Confused

Does anyone know if the "narrative" of how we met is something that I write? Or do we each have to do a copy? Do we have to sign the copy(ies) and include the "I declare under penalty of perjury that the foregoing is true and correct." jargon?


This is also called an 'evolution of relationship' letter.

You should write it.
DarnellMaleChina2010-05-19 00:41:00
K-1 Fiance(e) Visa Process & Procedures2nd Notice of Action??? Confused
This is a 'request for evidence' written out on an I-797-C formletter.

NOA-1, NOA-2, are also written out on the I-797-C formletter.


Something was found missing in yer casefile - so, if you'd like to continue the processing on the petition, YOU MUST SUBMIT that stuff.

Good Luck !
DarnellMaleChina2010-05-18 18:03:00
K-1 Fiance(e) Visa Process & ProceduresReally don't know what to do...
if you're up to engaging a lawyer for a consult - I'm a big fan of Marc Ellis - he can give you a 'sanity check' for a few hours of billable time - google 'Marc Ellis Immigration' for his website and contact info.
DarnellMaleChina2010-05-13 01:15:00
K-1 Fiance(e) Visa Process & Proceduresjust married what now?
SSN apply during AOS applying?

Well, it's not so much 'during AOS applying' as it is within 74 days of the I-94 expiration date.

Your POE date was 2010-05-17, the I-94 expires 90 days from then.

Usually, I tell ppl to go to SSA office, in person (bringing passport, birth certificate) anywhere
from 16 days past the POE date, to 74 days past the POE date.

16 days past POE - gives the CBP computers enough time to synch up with UCCIS and DHS computers, then all the info is transposed into the SAVE database, a system that the SSA ppl use to look you up and determine yer eligibility for a SSN.

74 days past the POE date - On day 75 - USUALLY a K-1 visa holder CANNOT APPLY for a SSN anymore - until either have Greencard or EAD in hand.

Watch yer dates .

IMO, yer right in the window to apply - so make time on Thursday, go to SSA office, apply for SSN.
Some caveats -
1. most 'front-line clerks' know nothing about 'looking you up in SAVE database' - so remind them that you are K-1 visa holder, and they MUST look you up in the SAVE database.
2. sometimes is more useful to ask for supervisor, mention K-1 visa and SAVE database lookup.
3. If anyone mumbles to you, "Need Electronic DHS/USCIS verification on you, need 30 days to process that verification" - STOP. Do Not Apply. Withdraw Yer Application. You were not found in the SAVE database. Come back in one week - SAVE synch-up should have happened, by then.
4. Apply in VISA NAME, first time.
5. After you receive your card, 30 days after applying, still prior to 74 day 'shut off window' - you can go back, show marriage certificate, and then have a 'name change' to yer married name (if you want). A new card in the new name will be issued. If it's past day 74, you can still put the name change in, but you won't get a new card until you show an EAD or GreenCard.

AOS could take anywhere from 2 to 12 months, to get the greencard - so I suggest you get the SSN card now, on Thursday - go in, apply.
EAD could take anywhere from 2 to 5 months.

I guess my point really is - DO NOT WAIT until you've filed for AOS to 'apply for the SSN card' - as during 'that' time frame, yer new wife is ineligble to apply, and must wait until EAD or GC in hand.

Whew !

Waiting on the Photos !!!

Edited by Darnell, 09 June 2010 - 08:55 PM.

DarnellMaleChina2010-06-09 20:54:00
K-1 Fiance(e) Visa Process & Proceduresjust married what now?
any ssn yet?

re: what to do - file AOS (read the guide about it here at VJ, follow all instructions in the forms)

name change can be sticky bit, as is passport involved as 'ultimate ID document', but the greencard can be issued in 'married name' - no problem.

If you just got married - wait until you have 'marriage certificate in hand', before filing for AOS.

re: how long on filing the AOS -
--there is NO REG on 'when to file, only a reg to 'get married within 90 days of POE date'
--many ppl wait up to 6 months past the I-94 expiration date, have no issues when filing AOS.
--USCIS will tell you 'send it asap'.

Good Luck ! Any honeymoon g-rated photos to share?

Edited by Darnell, 09 June 2010 - 05:03 PM.

DarnellMaleChina2010-06-09 17:01:00
K-1 Fiance(e) Visa Process & ProceduresBank Statement..
Could you please GO BACK to that person at your work, and ask her EXACTLY where she saw that ? (I do mean exact)

For now, study the I-134 form, and study the computations used in the I-864 form. That will help you assess your personal income and assets, see if you fall above or below the poverty line guidelines.
DarnellMaleChina2010-06-09 12:17:00
K-1 Fiance(e) Visa Process & ProceduresIs Advanced Parole Still Necessary?
Jim - I think a summer intern working at State.Gov web services has made a mistake.

I hope that's all it is.
DarnellMaleChina2010-06-10 12:19:00
K-1 Fiance(e) Visa Process & ProceduresIs Advanced Parole Still Necessary?
this is wrong info:
* At the port-of-entry, a U.S. Customs and Border Protection official will stamp your passport and make a notation that you are registered for a long-term permanent resident (LPR) card. You will have an opportunity at the port-of-entry to confirm the mailing address where you would like to receive your LPR card.

* It may take several months for U.S. Citizenship and Immigration Services (USCIS) to process and send the LPR card to you. In the interim, the passport stamp, valid for 6 months, permits employment and travel as you await your LPR card. You may depart and return to the U.S. before you receive your LPR card, as long as the stamp in your passport has not expired. Should the stamp expire and you have still not received your LPR card, you should contact USCIS in the U.S. before departure to obtain permission to return to the U.S.

There is NO LPR CARD issued for a K-1 Visa Holder, based solely on coming INTO the USA. Mexican Nationals have no special 'hook' on this, either.

One MUST FILE the AOS package, I-485 (plus other forms), after marriage to USC petitioner, to be eligible to RECEIVE your LPR card.

FWIW, this is a glaring ERROR on an Embassy WebSite.

Edited by Darnell, 10 June 2010 - 11:42 AM.

DarnellMaleChina2010-06-10 11:34:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa received, opened wrong envelope
Yay !!! Smells like easy resolution. She's very lucky, some 'good karma' that day.
DarnellMaleChina2010-06-10 11:27:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa received, opened wrong envelope
Hey ! Good Luck !

re: being scared - sorry - it's a big deal to open the sealed envelope.

But - if is 'easy path' for you, for resealing - hey- run with it !!
Consider yourself blessed, IMO.
DarnellMaleChina2010-06-07 16:01:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa received, opened wrong envelope

Is this for all consulates you receive a sealed letter you need to present at POE? I thought the consulate sent you only your passport and visa and that was the only thing. I was not aware about a sealed envelop that needs to be handed at the POE. Is this for K1 visa? Can someone elaborate I was not aware of this.

Thank you,


all embassy, all consulate - K-1/K-2/K-3/K-4, CR-1/CR-2, IR-1/IR-2/IR-5 visa types.
DarnellMaleChina2010-06-05 19:30:00
K-1 Fiance(e) Visa Process & ProceduresK1 denial? how long before filing for a CR1 spouse

Caveat: If the K1 was denied at the consulate, but USCIS has not made a decision yet, then the petition is not yet dead. Filing an I-130 may not necessarily kill it, either. Apparently, there are people who've received NOID's on a returned K1 petition, and ignored them because they'd already filed a CR1 petition. Failure to respond to the NOID caused a P6C finding against the beneficiary (material misrepresentation). When they showed up for their CR1 interview they were told they were inadmissible due to the finding of fraud, their visa was denied, and they had to try to get a hardship waiver to overcome it.

The new CSC tactic described in the pinned topic by Marc Ellis could also conceivably be applied to a CR1 petition filed after a K1 petition was returned to USCIS. In those cases, CSC even SAID the K1 petition was dead, and still used it as a basis for a NOID on a subsequently filed petition.

There's certainly no danger in filing a CR1 petition after a K1 visa has been denied at the consulate. There may, however, be danger in presuming a K1 petition is dead. If you get a NOID then you must respond to it, even if it's for the original K1 petition. If you don't then you're inviting USCIS to conclude that the CO's accusation was true.


To add some more -

If you are serious to go to Haiti, get married, and file the I-130 -
then send of a letter to USCIS and US Embassy Haiti to WITHDRAW THE I-129F PETITION, on or about the same day that you file for the I-130. This will clear up any silliness that might linger ..
DarnellMaleChina2010-06-12 01:53:00
K-1 Fiance(e) Visa Process & ProceduresHELP ME TO THIS!
IMO, trying to 'get something done' with a bank OVER THE PHONE is useless.

IF he is the primary account holder - HE can walk in with divorce decree, and have her removed, also close the account.

Emphasis on 'walk in' .
DarnellMaleChina2010-06-04 15:22:00
K-1 Fiance(e) Visa Process & ProceduresNVC

The fact is that there is no way to track a case because the government does not want you to track a case and does not want to be bothered with reporting to any of the hundreds of thousands of people sending visa petitions and applications. Sure, by hook and by crook you can find where something is sitting on a shelf. That is not "tracking". USCIS and NVC are not Fedex.


Seriously, sounds to me like you've not called into DOS Hotline in some time. The Humans™ at DOS Hotline have all case status from the Embassies, albeit 24 hours off. 'Case file opened' is best indication the casefile made it over. 'Packet 3 sent', for some countries, is good indication to prep that Packet 3. 'Appointment Date Set' is also another good time tick.

if the OP is trying to physically track the package movement from NVC to the Embassy IV unit, during the shipping process, ya - on that bit - I agree - is serious waste of time and energy.

But that was NOT was I was writing about, here. My apologies if any confusion about 'that'.
DarnellMaleChina2010-06-13 11:18:00