ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresMixed Signals

Just received my RFE hard copy at 12:30 today. They're asking for a supplement to the old version of a form that was used, to explain the first K-1 that I file for over 2 years ago. I'm thinking that apparently my attorney used an out dated form or "waiver" last April when my current fiancé and I started this process. Anyway, I thought we had ample time to get this done, but USCIS is giving us only until August 19th to get it back to them. When my attorney mentioned that they can file for an extension if necessary, I flipped the I-797E over, and on the back it states that "if there is a certain date, and we do not reply by that date, they will make a decision based on the evidence that they have. No extensions will be granted." So we have to get things in on time! or it could lead to a denial down the line.


I suggest you respond to the RFE, do not allow lawyer to prep anything.

Sure, get his input, but don't let him/her do more than eyeball the letter.

Lawyers love to 'do extra things' - is always fun for them, to add more billable time for your account.

If you 'flipped the I-797E' in front of yer attorney, then hopefully you trained him up, a bit. Otherwise, start thinking about chargebacks to the attorney. Using outdated forms is a sure sign of 'don't give a sh|t'.

Good Luck !
DarnellMaleChina2010-07-27 08:21:00
K-1 Fiance(e) Visa Process & ProceduresMixed Signals
Ta Da !!!

Ready for it ? Ready ? Are ya Sure ?!?!?!??!


You won't know what the RFE is for, exactly, until you receive a POSTAL LETTER to yer mailing address.

Sorry, I wish was some other 'method of notification' for you. There isn't.
DarnellMaleChina2010-07-21 19:34:00
K-1 Fiance(e) Visa Process & ProceduresHelp with bad past
most will be 'found' in the police clearance certificate that you'll obtain prior to interview day.
DarnellMaleChina2010-07-05 22:41:00
K-1 Fiance(e) Visa Process & ProceduresDenied at us border!

My question is...does the fact that I have been denied entry into the states make getting a fiance visa any more difficult?


NO.
DarnellMaleChina2010-07-28 13:12:00
K-1 Fiance(e) Visa Process & Proceduresk2 visa GO BACK HOME
not need to 'go back home'
but
need to follow up with 'K-2 follow to join' case

USUALLY, this is handled by sending off a packet 3 with cover letter requesting the K-2 case to be started, directly to the IV Unit at the US Embassy.

*** not a CR-1 topic, moving to K-1 forum ***

Edited by Darnell, 29 July 2010 - 09:09 AM.

DarnellMaleChina2010-07-29 09:09:00
K-1 Fiance(e) Visa Process & ProceduresK-1 While living abroad?
'income to back me up' connotes joint-sponsership on an I-134. Which is submitted on interview day, never prior.

re: issues -

1. actual sending - EMS takes about 30 days, apparently, to get it to the mailroom at USCIS. Suggest DHL instead.
2. NOA-2 receiving - you'll need to hang on to that, is needed for filing the AOS package in USA, after you marry in USA.
3. prove-up of USA domicile or
4. prove-up of intent to re-establish USA domicile , on interview day.
5. prove-up of bonafide relationship for a K-1 residing in China. You'll need to make a photo book, showing the two of you together, with a newspaper under yer faces, with shots every two weeks or so. This is extreme, but if they ask for it on interview day - hei! At least you were prepared for it, prior.

Those are the issues that I think you'll have. Hopefully someone else will chime in, as well?

Edited by Darnell, 29 July 2010 - 06:47 PM.

DarnellMaleChina2010-07-29 09:03:00
K-1 Fiance(e) Visa Process & ProceduresK-1 While living abroad?
you have address in USA? use that address for all filings.

If no address in USA, perhaps your relatives could be used for an address?

At some point, someone in USCIS/NVC/Guangzhou will figure out yer NOT IN USA, so during interview day 'stuff', you'll have to prove up 'USA domicile' or 'intent to re-establish USA domicile', regardless of 'which type' of visa you are applying for.

Some ppl here have resided in China whilst filing the I-129F and waiting for it to wind through to Guangzhou.

What's yer support system look like, back in the USA?
DarnellMaleChina2010-07-29 08:45:00
K-1 Fiance(e) Visa Process & ProceduresImmigration Attorney Rant

She replies, "Are you sure? Hmmmm.... I'll have to look here.... K1's are so different than K3's.... Well, you should be ok then, I guess..."


K1 vs K3 at NVC - uhm - no - no difference, at all, at NVC. But it's ok - ya ?

Are you submitting invoices for partial refunds, to this attny ?

IMO, a '#### up' should be charged at 300 usd per occurrence. Make seperate invoice per occurrence, submit to atty.

After several months of 'non-payment', can take the atty to small claims court, and IF you have direct, hard evidence of each '#### up', will be awarded a judgement, monies the lawyer must pay.

and then, assume the lawyer doesn't pay - can go after lawyer again, start putting liens on their office gear, vehicles, personal belongings. It's a lot of time, sure, and fees to file are not insubstantial, but IMO, it's worth it, in the end.

Conversely, can complain to BBB, the State Bar Association, and ILW.

re: the 'barter' -hold up yer end of it, for some time, then be sure to slam the attorney.

Edited by Darnell, 23 July 2010 - 09:36 AM.

DarnellMaleChina2010-07-23 09:35:00
K-1 Fiance(e) Visa Process & Proceduresbringing Chinese son to US
Hey - any news? What you decide to do?
DarnellMaleChina2010-07-29 16:36:00
K-1 Fiance(e) Visa Process & Proceduresbringing Chinese son to US
Hullo Jeff - are you reading this entire thread ? Some homework in here, for ya !!!

If not the entire thread, then, at least, please? Post #3, here.

Edited by Darnell, 03 July 2010 - 08:14 PM.

DarnellMaleChina2010-07-03 20:12:00
K-1 Fiance(e) Visa Process & Proceduresbringing Chinese son to US
i think is other window, as well,
for YOU to file an I-130 on his behalf.

take a look at that, asap.

failing that, you should really jump start the K-2 FTJ case with Guangzhou, via fax/email . Actually, the K-2 FTJ will be the fastest process, but you (the petitioner) must contact GUZ IV. I'm wondering what happened, why you not do this yet?

For a K-2 FTJ, you've 1 year from the time SHE was approved to the date of HIS interview. You really should push this, contact GUZ IV via fax/email. He is ok on the age for a K-2, but you've got some issues about that 1 year window. You should get going on this.

Seriously.

Edited by Darnell, 01 July 2010 - 12:56 PM.

DarnellMaleChina2010-07-01 12:54:00
K-1 Fiance(e) Visa Process & Proceduresbringing Chinese son to US
Jeff B - hei ! wei !

any news, mon ?
DarnellMaleChina2010-06-16 14:36:00
K-1 Fiance(e) Visa Process & Proceduresbringing Chinese son to US
The fastest way, for now, is to set up a K-2 visa application at the Guangzhou IV unit.

It's called a 'K-2 Follow to Join' - K-2 FTJ.

Guangzhou IV has gotten a bit wonky recently on setting up FTJ cases - so I can't tell you if it's even possible, or not, these days. This is the part that bothers me - http://guangzhou.use...ng-to-join.htmm and it doesn't cover a K-2 FTJ at all, instead - to suggest to wait until after the K-1 visa holder has received a greencard through AOS.

Best thing to do - contact GUZ IV unit, via email, and tell them you're ready to start the K-2 paperwork. IF they are still doing them - they'll send out a P3 packet to him. see http://guangzhou.use...t-question.html

Review the document list and forms at http://guangzhou.use...and_packets.htm

Did she include his name on any of the visa application paperwork that she turned in to GUZ IV ?

Good Luck !

Edited by Darnell, 24 May 2010 - 01:55 AM.

DarnellMaleChina2010-05-24 01:54:00
K-1 Fiance(e) Visa Process & ProceduresInstrutions for k1
please study -
http://www.visajourn...mbia&cty=Bogota

Good Luck !
DarnellMaleChina2010-07-29 19:59:00
K-1 Fiance(e) Visa Process & ProceduresSo confused with this process :(

Oh ok, i got it now cause i was confused once again with all these stories. So yes, i'm the one that is moving to the States. I was just confused cause when i read the guide, at the end it said provide certified copies of all court and police records, so i wasn't sure for who it was.


Actually, if there is ANY PRIOR RECORD of the US Citizen, then the US Citizen needs to provide 'that paperwork' with the initial I-129F submittal. Usually, it's focused on felony convictions and 'VAWA-related arrests'.

It's not that a 'police clearance certificate' is required on the US Citizen, it's that all police records and courthouse records for FELONY CONVICTION and 'VAWA-related arrests' must be supplied on initial I-129F submittal.

Additionally, if the foreign spouse has been arrested and/or convicted, then the certified copies should be supplied as well, with the initial I-129F submittal.

Edited by Darnell, 29 July 2010 - 12:04 PM.

DarnellMaleChina2010-07-29 11:59:00
K-1 Fiance(e) Visa Process & ProceduresSo confused with this process :(

Thanks, Coconuts! Just one more thing, this police certificate is it something the both of us need to have or just my fiance? Cause he's the petitioner and i'm just waiting for him to do all that. lol :P


The police checks and paperwork for same are required for the foreign fiance(e ), and are turned in on interview day.
Namechecks occur on both, see http://www.usaimmigr...tiveReview.html

THE USC PETITIONER does not have to submit paperwork with the initial I-129F submittal, unless he/she was convicted of a felony, or was arrested PRIOR to filing for any 'VAWA-related offense'.

Edited by Darnell, 29 July 2010 - 11:26 AM.

DarnellMaleChina2010-07-29 11:26:00
K-1 Fiance(e) Visa Process & ProceduresK-1 / i129F withdraw letter
Wow - such a situation !

You might want to check in with Marc Ellis, and get his advice on what to do, at this point. Google 'Marc Ellis Immigration' for his website.
DarnellMaleChina2010-07-30 00:51:00
K-1 Fiance(e) Visa Process & ProceduresLesson Learned on Status Update
GUZ P3 shortcut (in case anybody needs it)
http://www.visajourn...GUZ_P3_Shortcut
DarnellMaleChina2010-07-30 23:33:00
K-1 Fiance(e) Visa Process & ProceduresIt didn't work out

OK... It didn't work out. She apparently had a change of heart after she got her Visa. Does this make it harder for me the next time I apply for another K1 Visa.... and how long will I have to wait until I can apply again?

Thank you...



Hi,


I am so sorry you had to experience this like this, but I have a suggestion for you. Tell her that you could move there and share your life with her. Watch how she reacts. I feel like love is worth fighting for if it is real. If she's up for it then you know that she just doesn't want to leave her family behind. If she is still not sure, I would think that either she was just using you or never inside her heart she was absolutely sure. Give her time if you feel like she is still worth it.
jj7000MaleColombia2010-06-25 21:54:00
K-1 Fiance(e) Visa Process & ProceduresCan my US fiance just be refused time off for emmigrating/helping me move?
Let's all pray the new manager is transferred out soonish, ya?

In the meantime, yer man should be able to to ask for, and get, unpaid time off.

There's other names for this, as well.

unpaid vacation leave
unpaid days off
'not schedulable due to family'

the language varies, by state.
and
He'd have to request it.

Failing all of that, he can explore the avenue of 'unpaid leave of absence', as well.

Good Luck !
DarnellMaleChina2010-03-06 20:27:00
K-1 Fiance(e) Visa Process & ProceduresMajor Problems with USCIS - anyone else?
FWIW, NOT HAVING an NOA-1 will not STOP the approval process at the service center.

and - yer casefile number (from the NOA-1 ) would have been on the RFE , as well.

The 'normal' wait time for the NOA-2 (approval notice) is between 5 to 6 months, if :
1. no RFE or
2. no AP .

Good Luck !
DarnellMaleChina2010-02-28 19:40:00
K-1 Fiance(e) Visa Process & Proceduresfelony conviction
I'd stick with the attorney's advice on yer casefile, all the way through. If you are denied, on interview day, then you have absolutely found the wrong attorney.
DarnellMaleChina2010-03-10 18:08:00
K-1 Fiance(e) Visa Process & Proceduresplease help me about visa 1 i have some question

I must say I am a bit offended by the responses on this post. He says he is 25, and that she is 40. He asks if this is a problem, and you people reply yes.

I am in an age gap relationship, he is 25, I am almost 40. I read up on the notes here before we started, and in an interview with an immigration officer, a question was asked .....

We see alot of older woman marrying younger, is this an issue ? The reply was .... Free to marry.

The government doesnt care about your ages, only that you have a valid relationship.

I personaly belong to a website around age gap and immigration ... My favorite story ... he was 19 ( Australia ) she was 42 ( USA ). At no time was there age difference an issue.

This process is stressful enough, and the people worry about all the little things ... dont add age difference into the mix.


I dunno - I don't want to personally attack you, or delve into the concept of 'specifics to Morocco', but - I will ask of you - when you make time to 'get back on that other portal' - inquire specifically about age-gap couples in Morocco where the MAN is a single, Muslim, moroccan national, under 30 years of age, and the US Citizen is caucasian female, non-muslim, no concept of coverting, over age 40.

IMO, it's a totally different demographic, ya? also, IMO, yer trying to compare apples to oranges here, and it just won't wash.

But - forget all I've said here, for the nonce. Go do yer own research, on that other portal, inquire about 'red flags'. I'm hoping you'll be able to learn something about ppls experiences in Morocco.
DarnellMaleChina2010-03-12 15:27:00
K-1 Fiance(e) Visa Process & Proceduresplease help me about visa 1 i have some question

so this k1 is not gonna work ?


hard to say, with absolute certainty.

there's an age gap, and yer in a high fraud area.

IMO, all depends on:

1. the casefile prep prior to submittal
2. results of all namechecks on the beneficiary
3. how the VO 'feels' about the casefile, after its received in Morocco and also ON interview day
4. how the interview goes.
DarnellMaleChina2010-03-12 12:50:00
K-1 Fiance(e) Visa Process & Proceduresplease help me about visa 1 i have some question

hi everyone i need help about visa k1 i have some question

1 _well my fiance she old then me she 40 years old and imn ,25 so is the age problem ?
2 _ and she get every months 400 $ income but she told me someone who can be co- sponsor of me ? so is that not problem she can do that about co- sponsor is it allow ?
3__ and how long time tak visa 1

and is i need to know my fienace lmore then 2 years for mad visa k1


ah morocco !

1. yes.
2. yes. no. yes.
3. forget visa 1. concentrate on visa 2.

forget the mad visa k1. it won't apply to you.
DarnellMaleChina2010-03-12 01:36:00
K-1 Fiance(e) Visa Process & ProceduresI-129f's HARDSHIP of meeting in person request?
USA Joe - yer gonna have a problem, IMO, proving up the medical hardship.
Most of what I know has already been covered , above.

Suggest you think hard about 'different location' to meet up.

USCIS MIGHT take the stance - 'If money is No Object, then he could have hired his own attendant for the flights, paid for the tickets'

Good Luck !

Edited by Darnell, 04 March 2010 - 12:38 AM.

DarnellMaleChina2010-03-04 00:37:00
K-1 Fiance(e) Visa Process & ProceduresIMBRA
push - there is another documentation requirement in the IMBRA regs - that DOES cover disclosure and compliance from a web site. IMO, chnlove provides this disclosure, but I sense it's on a case-by-case basis, and must be ASKED FOR, as well.
DarnellMaleChina2010-03-15 13:32:00
K-1 Fiance(e) Visa Process & ProceduresIMBRA
chnlove is a weird 'site' - in that MOST of the women that you can see there -
are there because of a 3rd party service in China. There are MANY of these 3rd party services in China, that 'feed into' chnlove. These providers 'bring women' into chnlove.

so, Chnlove becomes IMBRA compliant WHEN that form is signed by both of you.

However, some of the 3rd party service providers require a fee from the chinese lady, once a successful match or betrothal is set.

You won't know about it, unless yer lass tells you, or IF you ask her.

Edited by Darnell, 14 March 2010 - 09:22 PM.

DarnellMaleChina2010-03-14 21:19:00
K-1 Fiance(e) Visa Process & Proceduresinvestigation on Beneficiary? & processing time is slow on March?
namechecks occur on every stage of this process - have a read?
http://www.usaimmigr...tiveReview.html

Good Luck !
DarnellMaleChina2010-03-18 14:01:00
K-1 Fiance(e) Visa Process & ProceduresReceived Visa Air 21 today PROBLEM!
packet must be resealed by IV Unit at the Embassy in Manila. Sorry.

re: VISA - it's stamped in the passport. Flip through the passport pages, it's in there (supposedly).

Good Luck ! (or something)
DarnellMaleChina2010-03-19 01:57:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Visa Holder - Ability to Work
Hey Tony - any news or updates?? How's it going?
DarnellMaleChina2010-02-18 10:11:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Visa Holder - Ability to Work
Tony - I recommend (to keep her 'busy' ) - volunteering, and attending a toastmasters guild meeting ( www.toastmasters.org ) . With both, she'll make PERSONAL INROADS now, that will be useful when she's looking for a job, later.
DarnellMaleChina2009-11-18 11:03:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Visa Holder - Ability to Work
IIRC, it's the wording in the I-9 that matters.

AND

The I-9 was updated recently. Get some advice on the wording in the I-9, see how it applies to yer situation.
DarnellMaleChina2009-11-13 18:48:00
K-1 Fiance(e) Visa Process & Proceduresurgent help
Ann - can you apply for CRBA in the PI, for the child? If so, maybe that would be the 'best' way for you.
Then you can show that to the VO in Thailand.
DarnellMaleChina2010-03-21 16:22:00
K-1 Fiance(e) Visa Process & Proceduresurgent help
I would suggest trying / attempting to contact with the father, regardless of 'how he feels' or 'where he is', to get the paperwork.

re: leaving daughter - sure - can do - but then - any derivative K-2 status for daughter - must 'give that up' for now, IMO, without the father's involvement.

You might be able to prove up that the father abandoned you and his daughter - you have some legal issues to cover, I think so.

Good Luck !
DarnellMaleChina2010-03-19 00:55:00
K-1 Fiance(e) Visa Process & Proceduresurgent help
you are not Thai citizen? ok.

is only one child? ok.

in order for that child to come with you -
you must get both of these things.

I must assume father is USCitizen, if the Embassy is asking for CRBA for the child.
DarnellMaleChina2010-03-18 22:48:00
K-1 Fiance(e) Visa Process & Proceduresurgent help
this smells like 2 children -

one with the former husband, that child a Thai citizen,
and the 2nd with current USC husband.

The 2nd child needs CRBA.

The first needs consent from ex-husband.

If I've missed it, then repost exactly what it says on the 221(g) form.

Good Luck !
DarnellMaleChina2010-03-18 22:26:00
K-1 Fiance(e) Visa Process & ProceduresWHAT TO DO TO BE ABLE TO KNOW IF THE NVC ALREADY SEND THE APPROVED ALPPLICATION OF K1
you can call NVC to ask when it left, and to get your NVC/Manila case #.

Once you have your casenumber - you can call DOS for status

but - you must call USEM to set appointment.

Good Luck !
DarnellMaleChina2010-03-22 02:11:00
K-1 Fiance(e) Visa Process & ProceduresChanging the preferred US embassy
Hey MaureenK - any news?
DarnellMaleChina2010-02-26 13:25:00
K-1 Fiance(e) Visa Process & ProceduresChanging the preferred US embassy

Thanks for the info... I knew there had to be a way, but I don't know what kind of information they want after I-129F approval. :)


almost impossible to 'get it done' at NVC - as
USUALLY an I-129F petition for a fiance' is only at NVC for about 7 days, and is really only 'touched' by a human for about 2 minutes.

push gave you a recommendation based on 'I-130' spousal petition, and that's not what you have.

It might be possible to 'catch it' at NVC, but you'll have to be pro-active, and know exactly when the NOA-2 date is (usually email notifications are the fastest) . When you have the NOA-2 date, it is possible to 'catch it' at NVC if you start calling every day.

Worst Case Scenario?
It goes to a Canadian post, and you request it to be 'rehomed' to Belguim at that Canadian post.

At this stage, you might want to call NVC, get a HUMAN™ and inquire for 'what to do'. Today.
DarnellMaleChina2010-02-23 15:52:00