ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresOpinions on Including Copy of Lease

Hello VJ'ers -

I'm about to mail off my K-1 app and am debating whether to include a copy of my lease for an apartment here in the US that I signed with my fiance. He was in and out on a visitor visa, but when he was here (for a period of about 5 months with a couple of short trips outside of the US as a business visitor), he stayed at the apartment we signed a lease on and he has continued to pay rent on it when he hasn't been here. Would it seem odd or become problematic that he'd signed a lease for an apartment in the US when he was just in B (business visitor) status? Do you think that it would negatively or positively affect the I-129F petition? This is the apartment we will be living in once he is approved for the K-1.

Thanks!


The filing requirements for a K-1 petition require only that you prove (with documentary evidence) that you and your fiance have met at least once in the two years leading up to the point that you file said petition. If you are able to satisfy that pre-requisite with other documents, then it is not necessary to include the joint-lease as well. That said, there are some cases in which having proof of a joint-lease does help in asserting the bona-fides of the underlying relationship, which forms the basis of the I-129F filing. With some petitions (it seems to depend on the country where you fiance will eventually be applying for the visa, once the I-129F is approved) it is advised to 'front-load' the petition, in which case something like a joint-lease would come in handy. Your profile does not state, what country is your fiance in?
Minya's wifeMaleHungary2010-03-13 11:13:00
K-1 Fiance(e) Visa Process & ProceduresHi, I need some help
double post...

Edited by Minya's wife, 14 March 2010 - 10:57 AM.

Minya's wifeMaleHungary2010-03-14 10:56:00
K-1 Fiance(e) Visa Process & ProceduresHi, I need some help

Um, I can't believe that no one mentioned that Canadians in most professional occupations don't even NEED a visa to work in the US. No waiting period or anything; they just stamp you in at the border for up to three years at a time. Most professional occupations qualify. Almost any BS degree that will actually get you a job seems to work. You have to get a letter from an employer first.

Occupation List Here:
http://www.visapro.c...ion-ListPop.htm


I'm not sure its quite as simple as that. It seems that the position being offered in the employment letter, must very clearly fit within one of the occupations listed in the occupation list and any deviation as perceived by the adjudicating border official can be cause for denial. The example I read was about Management Consultant...that the job offer is carefully scrutinized to make sure that the position is indeed that of a Management Consultant and not simply a Manager. The granting of TN status is completely upon the discretion of the border guard present at the time border crossing is attempted. And while one is free to travel back and forth, the TN status can be revoked upon the whim of the border guard at the border crossing. That's a heck of a big chance one is taking each time they travel home...if for example they're living and working in the US, have their life somewhat established, and upon returning from visiting family their TN status is revoked because the border guard is having a bad day.

The OP has intent to emigrate, and the TN status most importantly does not have the doctrine of dual-intent attached to it (and this is how it majorly differs from the H1-B visa). I don't know, is in-country AOS even possible in such a situation?
Minya's wifeMaleHungary2010-03-14 10:45:00
K-1 Fiance(e) Visa Process & ProceduresK1 after 90 no marriage

The house and other property might not really mean all that much - he owns them right now, too, and he is in the US, where he came with the intent to get married.

You will probably have to rely on a Swedish job, or something along the lines of that. The fact that your fiance has you in the US will work 'against' him every time he gets to a POE.


Entry on the VWP, or any visa for that matter is always granted at the discretion of the CBP official at the POE. Having had and used a K-1 visa may be looked upon as 'intent to emigrate' and may be cause for further scrutiny the next time your man comes to visit. To offset that, he would have to show strong ties to Sweden...owning house and acreage is not enough, IMO. (The idea is that he could manage the property and house from overseas if need be). But adding to that a job, with set vacation time verified by the employer (a letter from the boss stating the dates of the vacation) would help offset the perceived intent to emigrate.
Minya's wifeMaleHungary2010-03-15 00:35:00
K-1 Fiance(e) Visa Process & Proceduresurgent help
Its still confusing....are there 2 daughters here? One is a USC by birth and the other is not? I know I may be causing a maelstrom by asking, but what are the ages of these children that you would even consider leaving them behind?
I understand that the K-2 has a 'follow to join' option....does that need to be signaled at the time of the interview, if that is the course of action chosen?
Minya's wifeMaleHungary2010-03-19 08:43:00
K-1 Fiance(e) Visa Process & Proceduresurgent help
Is the child's father the petitioning US citizen or a US citizen? If so #1 applies, as the child is a US citizen and must be issued a US passport before travel. If not, then #2 applies, and it looks like there isn't a way around that. Some do not require the consent of the non-custodial parent, but it seems that this is what the consulate is requesting from you. Are you not able to obtain #2 from your child's father?
Minya's wifeMaleHungary2010-03-18 22:04:00
K-1 Fiance(e) Visa Process & ProceduresAre counter checks (cheques) ok?

We are almost ready to file the K-1 petition. Tim is the U.S. petitioner. He's never had a checking account, so he recently opened one so he can write a check to send with the application. He can get counter checks while he's waiting for delivery of custom made ones with his name on them. Is it ok to send just a counter check where he would write his name on it instead of it being printed on there? He doesn't want to send in the application if it'll be sent back. I've told him I doubt it matters whose name is on the check or who signs it, as long as USCIS gets their fee. Input from anyone would be appreciated.


A cashier's check, may also be an option. Now that the petitioner has established a bank account, and provided there are funds to cover the amount of the cashier's check, he can request such a check directly from his bank.
Minya's wifeMaleHungary2010-03-19 08:37:00
K-1 Fiance(e) Visa Process & ProceduresTourism Visa Question

Hello everyone,
I have been unable to find a clear answer to my question, even after searching the forums. I hate duplicate question posting as much as the next person, so i really did try searching. Anyhow, i hope someone can give me some first person experience feed back on this issue.

Ok, I am at that stage im sure everyone has been at where my lovely lady friend and I are feeling pretty sure marriage is in our future. Ive been there to visit her in England and now her visiting me is our next step. But despite how sure everything feels, we want to be positive before making such a big life change. Vacation/Holiday time is tight, so we can't make monthly visits to each other. So one option we're trying to investigate is the idea of her coming here on the 6 month Tourist Visa and living here with me to get a true feel of life together. Of course during this visit we would become "officially" engaged and would like to file and start the process (if everything feels right). Once the time for her interview is given, we'd both fly back to England for her Interview and hopefully be able to stay long enough to receive her K-1 visa and return together.

Now, i guess im just trying to make sure this is Ok to do and wouldn't throw up any red flags. Has anyone done this method before? We would not be getting married while she's here on the tourist visa. She would be getting a round trip ticket for the stay. What is the best way to describe this when going through customs/immigration? Or should she just say "im here as a tourist"? Of course she'd be living with me. But we just feel those months could be vital in making sure we're not rushing into anything. But we want to do it right.

Thoughts, opinions, advice? Big thanks in advance.

- Den


You're making a big assumption here, that the I-129F (the fiancee visa petition) will be approved and processed at the consulate level in those six months for you to fly back together for the interview....not to mention that there are some things that your lady will have to do back in the UK before she even gets to the interview point (medical, police clearance(s), etc.)....so you can't just fly back together, have an interview, get visa and come back.
Please take a look at the K-1 visa guides here and browse though some timelines to get a better idea of the procedure and length of time it takes.

There is nothing wrong with coming over, using the VWP privileges and staying as long as allotted on the I-94 (stamped in the passport upon entry). In order to gain entry, she will have to prove to the satisfaction of the CPB official at the airport that she has sufficient ties to her home country so as to not be 'intending to emigrate'. This is where sufficient funds to support herself while here, documentation of a job back home that expects her back at a specified time(vacation time), home ownership and/or lease agreement, and other such documents proving her ties to home, will be examined before she is granted entry.
Minya's wifeMaleHungary2010-03-29 08:43:00
K-1 Fiance(e) Visa Process & ProceduresCould this be true?

Plenty of possibilities including misrepresentation.

To answer the OP's question though, USCIS, particularly CSC routinely takes this cop-out route by letting the petition expire and die instead of bothering to review the Consulate's decision. Your options are to address the actual issue and file again, or render any question of ability to marry moot, by getting married and starting over with the CR1 Spouse visa route.

First order of business is to solve any issues related to freedom to marry related to yourself or the foreign fiance.


yes i called 2 weeks after the decision to the embassy yes the consulate send it back


ladybee, was your divorce finalized when you initially filed the I-129F? Has your fiance ever been married and divorced? If so, was documentation of the divorce included?

Before you rush off to file another I-129F or marry and file the I-130 (spousal visa petition), you should make sure that those concerns regarding 'inability to marry' have been addressed.
Minya's wifeMaleHungary2010-03-29 23:21:00
K-1 Fiance(e) Visa Process & ProceduresCould this be true?
How long after the initial interview did you contact the consulate? What exactly did they tell you....that they denied your fiance's visa? Inability to get married is not a reason to deny a fiance visa.
Does the letter from USCIS state that they received the petition back from the consulate? They don't just administratively close petitions unless the consulate denies the visa and sends the petition back to them...you're missing a few details.
In any case...given that the petition is closed, there is no 'review' that can be done. You're free to file again...but you should find out exactly why the consulate denied the visa the first time around and be sure you're ready to address those concerns at your second interview.
Minya's wifeMaleHungary2010-03-29 19:49:00
K-1 Fiance(e) Visa Process & ProceduresWhat if you don't get married?
When she came here on the initial K-1, did she leave within the 90-day window which was stamped on her I-94? It is important that she did not overstay...regardless of which which visa you chose to pursue. Any such overstay will be examined at the next visa interview she will have, and depending on the length, could make one ineligible for a visa. In such cases, depending on the length of the overstay, a waiver may be needed before the visa can be issued.
Minya's wifeMaleHungary2010-03-18 09:03:00
K-1 Fiance(e) Visa Process & ProceduresI need help with the Translations

Hello,

My fiance just got the Packet 3.5 from the Seoul Embassy. We got all the forms including the police report, census papers, birth certficate etc..

My question is since these papers are in Korean, and my fiance wrote all the papers in English, should we do our own translations or to get it professionally translated and notorized?

Again, do any forms need to be notorized?

Thank you in advance,

Brian


Most consulates accept paperwork in English and the language of the country where the interview will be held...so translations of korean paperwork may not be necessary. There should be information regarding this on the web-site of the consulate, have you checked?
Minya's wifeMaleHungary2010-04-10 00:28:00
K-1 Fiance(e) Visa Process & Proceduresk-1 fiancee intend to live

Hi guys how you all doing? This is about DS-230 questions 10 and 11.

10. Permanent address in the United States where you intend to live, if
known (street address including ZIP code). Include the name of a person
who currently lives there.

11. Address in the United States where you want your Permanent
Resident Card (Green Card) mailed, if different from address in item #10
(include the name of a person who currently lives there).

Can I put my mother's name and my mother's address in California, when my fiancee arrives in the US, I will be going to California from washington and get married.

Thank you guys…


Will your mother's address be the permanent address of both of you? You should list here the address where you two will be residing, normally this is the permanent residence address of the USC.
Minya's wifeMaleHungary2010-04-10 01:04:00
K-1 Fiance(e) Visa Process & ProceduresWedding after visa in hand

Your fiance needs to enter the US with the K1 visa (otherwise known as "POE") and then you can get married anywhere you want in America.


"To keep the visa legit," the recipient beneficiary of the K-1 visa needs to enter the US (at a Point of Entry, otherwise acronymed as POE) as a single person, meaning not already married. Once in America, marriage with US citizen that petitioned petitioned the k-1 visa recipient, must occur within the prescribed 90 days.
Minya's wifeMaleHungary2010-04-12 00:21:00
K-1 Fiance(e) Visa Process & ProceduresPanic!
How is your middle name spelled (or spelt?) in your passport? It could be an issue needing correction if your middle name is spelled one way in your passport and another way in the documents you've submitted...but its not something unfixable. :)
Minya's wifeMaleHungary2010-04-14 08:20:00
K-1 Fiance(e) Visa Process & ProceduresExpert Advice Needed
do the parents share custody of the child, is that what you mean by anticipated problems with the father?
Minya's wifeMaleHungary2010-04-18 20:42:00
K-1 Fiance(e) Visa Process & ProceduresReturn / Roundtrip ticket for K1 visa

yea...i was wondering that too...one way tickets are way more expensive than return ones...im glad I can get a return one and not worry about what they might say at POE.


I don't think POE would have anything to say, about the type of ticket you arrive on if you are coming with an immigrant (IR/CR) or immigrant-intent (K1) visa. You're already an intending immigrant by having said visa...so a return ticket is/would be a moot point. I don't think I've ever heard of someone with such a visa having problems at POE because they did not have a round-trip ticket.
Minya's wifeMaleHungary2010-04-17 15:41:00
K-1 Fiance(e) Visa Process & ProceduresReturn / Roundtrip ticket for K1 visa
As stated before, it doesn't matter if the ticket is one-way or round-trip. With a one way ticket, the airline may want to see a valid visa allowing long(er) term stay. (I'm thinking something other than a tourist visa.) When my husband came he had a one-way ticket and they asked to see his visa when he was checking in for his flight.
Basically, you buy the ticket that is best for you and your pocketbook. :)
Minya's wifeMaleHungary2010-04-17 15:36:00
K-1 Fiance(e) Visa Process & ProceduresDivorce in Thailand

I have met a new Thai fiancee but I have a small problem. I am still legally married to my ex wife. We were married in Thailand five years ago. I haven't seen her for three years. Now I want to apply for a K1 Visa in Thailand. How do I get a divorce in Thailand? I really want to apply quickly for the K1 Visa.


Why would YOU need a divorce in Thailand? You're a US citizen...your divorce would need to be recorded here to make you free to marry, therefore eligible to petition your new fiancee. If your fiancee were married, she would need to obtain a divorce in Thailand before you could file your I-129 petition. Seek out a divorce attorney in your state and file for divorce in the US. Not sure how quickly you will obtain a divorce as that is decided by the divorce laws in your state.
Minya's wifeMaleHungary2010-04-19 09:22:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS CASHED MY CHECK FOR K-1 VISA

The filing fee is a non-refundable processing fee. It's what you pay to get them to look at your application. You don't get a refund whether it's denied or approved.


Small tid-bit not specifically asked by the OP, but I beg to differ with your explanation. The filing fee, while it is a non-refundable fee is not what you pay only for USCIS to look at your application. It is a fee paid so that someone qualified will review your petition and adjudicate it based on its merits. Approval or denial is the result of that adjudication.
Minya's wifeMaleHungary2010-05-07 00:20:00
K-1 Fiance(e) Visa Process & ProceduresI-129F sent 1 month ago, Fiancee changed her mind

I understand what you mean and I didnt mean it like it was taken. Granted my words may not have been the best...but it gives you 90 days to see if you get along and are somewhat compatable...you actually get time to live together first...and I do agree...90 days isnt enough time. Some people live together for longer periods of time before getting married and it still doesnt work out.


The K-1 visa gives you no such thing. The beneficiary of a K-1visa is given a 90 day window in which to marry their USC petitioner....meaning 90 days are given in which to work out the details of when and where....not to see if you get along or are compatible. Those decisions should be made before the petition is filed.
Minya's wifeMaleHungary2010-04-18 21:06:00
K-1 Fiance(e) Visa Process & ProceduresUsing Yahoo Messenger for proof of ongoing relationship?
If you text your SO using your iPhone, you can print out the entire chat history using http://insend.de/ I just did it and it worked great!
dstoneMaleChina2010-04-15 21:04:00
K-1 Fiance(e) Visa Process & ProceduresIRS
QUOTE (daboyz @ Dec 12 2009, 07:38 PM) <{POST_SNAPBACK}>
I guess i wasn't clear enough. I had a payment plan. The lien was removed. It still caused problems. Better to take care of it now than get a surprise at the embassy.


Ah - I see now, where I missed something...

It's possible to have 'payment plan' with the IRS WITHOUT having a tax levy in place.

You had a levy WITH a payment plan. Got it.
DarnellMaleChina2009-12-12 22:02:00
K-1 Fiance(e) Visa Process & ProceduresIRS
IMO, you'll be ok until a tax lien is levied against you.

So, handle your business immediately - that will mean - either:
1. pay in full - or
2. have an agreed payment plan.

Now, if you've been 'levied' - I dunno, that's some gray area - and I really don't know if things will stop.

I have heard of people with tax levies having their passports taken at any border control point, but that won't be the case for your fiance - it's your responsibility, not hers.

Remember - name checks occur at every stage of this process - so if something 'new' pops up at the Consulate, well, you've waiting too long, IMO, to handle yer tax issue.
DarnellMaleChina2009-12-12 12:06:00
K-1 Fiance(e) Visa Process & ProceduresEmployment Hiatus & Living with Fiancee Overseas During K1 Process
2 things:

1. you may or may not have to prove up usa domicile on interview day. it may or may not be an issue, depending on how you've 'maintained your usa domicile' in the past.

2. use the cash as assets - you'll be fine (IMO) in the I-134 - don't worry about shifting around to 'find a job'.
DarnellMaleChina2009-12-12 21:24:00
K-1 Fiance(e) Visa Process & ProceduresI-134 (K-1 Visa) Support Question
IIWY, I'd prepare the I-134 when an interview date has been assigned, then make sure SHE has the I-134 on her interview day.

USCIS is NOT going to ask you for the I-134, at all.

Good Luck !
DarnellMaleChina2009-12-14 14:49:00
K-1 Fiance(e) Visa Process & Procedureswe sent I-129F a week ago ,
Ya, UPS to a PO BOX seems troublesome, at least to me.

HOPEFULLY the OP used USPS instead? One can hope ?
DarnellMaleChina2009-11-13 20:55:00
K-1 Fiance(e) Visa Process & Procedureswe sent I-129F a week ago ,
UPS to a PO BOX ? OK !
DarnellMaleChina2009-11-13 20:05:00
K-1 Fiance(e) Visa Process & ProceduresShould I contact NVC about address??
Yer a K-1, right? There's not much done with yer casefile at NVC stage.

I would NOT sweat it , at all.

The next time CIS needs to know about your current address, is the AOS filing, after marriage.

As long as you have that NOA-2 in hand, yer good.
DarnellMaleChina2009-12-17 10:32:00
K-1 Fiance(e) Visa Process & Proceduresdivorce decrees
ya, - I read 'each prior marriage' to mean, literally that -

Each.

E A C H .


DarnellMaleChina2009-12-12 20:17:00
K-1 Fiance(e) Visa Process & Proceduresdivorce decrees
QUOTE (thongd4me @ Dec 12 2009, 02:32 PM) <{POST_SNAPBACK}>
QUOTE (payxibka @ Dec 12 2009, 10:11 AM) <{POST_SNAPBACK}>
QUOTE (lsherrouse @ Dec 12 2009, 09:03 AM) <{POST_SNAPBACK}>
Do I need to give a copy of all divorce decrees, or just the last two. I have been married 5 times do they need all copies? I will be filing the I-129f.


all


moving to K-1 forum from removing conditions forum


With all due respect, I don't agree with that - there is only the provision that the parties are free to marry
and in no area in the State Department site does it say that one or both parties have to say anything more
about previous marriages than the last one which ended in divorce.

When my fiancée went for the interview, she did inform them that she had married and divorced her first husband twice.
They didn't ask for any proof of the first marriage and divorce, only for the second one that resulted in her being free to marry.

They didn't even ask her WHY she married him & divorced him twice, although it would seem like a reasonable question.

Just not a question for the visa interview.

In my opinion the OP will only need his last marriage certificate & last divorce decree.


The instructions for the I-129F are a bit different than what you've described.

To the OP - ALL. PhotoCopies on I-129F submittal are fine, just be prepared to submit certified copies on Interview Day.

DarnellMaleChina2009-12-12 16:17:00
K-1 Fiance(e) Visa Process & ProceduresCan I delay the interview at the P3 stage
options:
1. 2 months delay, easy , just wait to send P3 in.
2. send in P3 with cover letter to delay interview .
3. email GUZ to delay interview.
4. get interview day, email GUZ, ask for delay.

Good Luck !
DarnellMaleChina2009-12-22 01:06:00
K-1 Fiance(e) Visa Process & ProceduresUSC on welfare
flipper, no conclusions, sorry.

Ya - mid year hires for teachers, is rare.
Someone would have to be fired or die, to make a spot for your USC.

But substitute-teaching is not rare. She has that avenue available to her, now.

My apologies for my confusion .
DarnellMaleChina2009-12-22 23:13:00
K-1 Fiance(e) Visa Process & ProceduresUSC on welfare
Does she study the guidelines for the I-864? Most consulates use those guidelines, even when evaluating the I-134.



-----
remind her to get INTO the career sevices at the uni, during her last semester.

OH WAIT - she didn't do that, right?

MAYBE her uni has online access for it's jobs board - but she won't know until she tries.
DarnellMaleChina2009-12-22 21:20:00
K-1 Fiance(e) Visa Process & ProceduresK-1 visa
It's hard to figure out the timeticks and dates and status. let me think?

1. validity of petition - usually issued in USA, usually expires after interview date. If problem getting interview, USEM can extend this validity date, must communicate with USEM to get it extended. Usually this is wrapped in together with a request for later appointment date.

2. Validity of Visa - When a visa is issued, is 6 months 'validity' - ie - beneficiary has 6 months to LEAVE home country, come to USA. If approaching this date, and need extension on validity, must contact USEM to get it extended.

3. I-94 expiration date. This is determined on POE, and is usually 90 days after the POE date. Yer supposed to get married within 90 days, but if it's a bit past that, say 110 days, USCIS will 'forgive' the slip, as long as the AOS packet is filed soonish, after marriage.

So - whaddya asking about? I need to get the K-1 visa extended,due to problems my fiancee is having at home. The date we got to finished the process is January 29,2010. HELP!!!!!!

Makes no sense to me, as written. I'll guess it's ITEM 2 from my list.

Can you clarify, a bit ?

Edited by Darnell, 23 December 2009 - 12:10 PM.

DarnellMaleChina2009-12-23 12:09:00
K-1 Fiance(e) Visa Process & ProceduresK1 Document translations and formatting question?
There's not an 'NVC stage for documents' for a K-1.

I'm confused by your question, much.
DarnellMaleChina2009-12-27 15:14:00
K-1 Fiance(e) Visa Process & ProceduresK1 Document translations and formatting question?
NVC stage for K-1 ? I not think it possible.

Perhaps yer thinking a P-3 packet for the Consulate/Embassy, or the P4 packet and stuff to submit on interview day?
DarnellMaleChina2009-12-27 11:35:00
K-1 Fiance(e) Visa Process & ProceduresPLEASE HELP!!!!!!!!!!!!!
Perhaps is better if he calls the Immigration Unit (IV ) and ask what to do.

Alternatively, YOU can call the DOS hotline, get a human, inquire about CASE STATUS, and ask about the P3 and P4.

Good Luck!
DarnellMaleChina2009-12-28 11:57:00
K-1 Fiance(e) Visa Process & ProceduresNeed help on extention of I-797 approval notice..
#######, ya, once the casefile is at GUZ, DOS hotline can tell you all updated status on the casefile. (Get a Human™)

Just to be clear, you do not need to submit a request for extension - it is done automagically by the IV Unit at GUZ.
DarnellMaleChina2009-12-28 18:44:00
K-1 Fiance(e) Visa Process & ProceduresNeed help on extention of I-797 approval notice..
Seriously, call DOS Hotline, get a human, inquire status on the petition. They have current info, at this stage.

Good Luck !
DarnellMaleChina2009-12-27 11:26:00