ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresK1 out of status?

Thanks, everyone...Well we marry today so d judge said that we will receive the marriage certificate from 4 to 6 weeks and that means that my visa will b already 'out of duty'... So i gatta b 'out of status' and apply for the Green card...That sounds kinda creepy :bonk:


Suggest you contact the judge's office, ask if possible to 'pay' extra for expedite.

Also - did you get yer SSN yet? Go to SSA office immediately, if not.

The 'rule' is to get married within 90 days - but there is no 'rule' on when to file for adjustment of status.

USUALLY there is no problem for up to 6 months after that 90 day window - but try to get it done asap, ya?

Edited by Darnell, 04 February 2010 - 01:09 AM.

DarnellMaleChina2010-02-04 01:08:00
K-1 Fiance(e) Visa Process & ProceduresK1 Petitioner vs. K1 Beneficiary
extortion. can be sued for it. Might be a federal case, maybe a local district case -depends on what the modalities are.
Petitioner can be arrested for it (call the FBI and the local cops )

If the lass needs protection - contact Catholic Charities immediately - they can make the referrals she needs.

Edited by Darnell, 04 February 2010 - 04:50 PM.

DarnellMaleChina2010-02-04 16:44:00
K-1 Fiance(e) Visa Process & Proceduresgetting k-1 visa

what is csc?


I suggest you study the timelines section here - play around with the sorting sections, see if you can gist and glean patterns (thats what I do, btw)

Good Luck !
DarnellMaleChina2010-02-05 13:06:00
K-1 Fiance(e) Visa Process & Proceduresgetting k-1 visa
sure - it can happen.

IF that petition was sent to CSC then (they were super fast, then ) then is possible for 30 day turnaround, if no RFEs.
DarnellMaleChina2010-02-04 22:46:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Filing for Cruise ship workers...?
re: B-1 visa - B-1 ? Not B-2 ? Dunno about the B-1 - the CBP boys at the POE will give her an I-94 thingie, with the expiration date on it.

is no concept of 'spousal visit' for B-1 or B-2, so really can't tell you one way or another.

re: repeated visits on B-1 visa: depends on the visa. if multi-entry, then yes.

I-130 guide - http://www.visajourn...page=i130guide1
DarnellMaleChina2010-02-06 01:18:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Filing for Cruise ship workers...?

Wow, thanks for the responses. My fiancee, Judith and I were debating whether to get married in one of the ports or waiting to visit Oregon. It seems like the port wedding has a lot more advantages from your responses.

We were planning on settling down in Oregon after finishing with our contracts in June 2010. We had thought about having the ships as a backup plan if work was scarce. The CR filing seems to make sense.

Now, since she has the B-1 visa, one of you mentioned that she would need to stay 24 hours in the U.S.? Why would she need to do that?

Also, would she still need to go back home to Peru for the interview? Are those interview dates set in stone, or do they work with you so that you can get the interview date after your work contract is over?

Again, thanks for all the great advice!!!

-Shawn


The D-1 Crewman's Work Visa usually allows a foreigner to hang out in the USA for 24 hours whilst in transit to either another ship, another usa port, or to get on a plane headed out of country. There are exceptions to this, but is rare.

OTOH, She's got a B-1 visa ALSO - which doesn't have the 24 hour requirement. I don't know, in this case, what trumps what.

I suggest you ask the purser about it - onboard the ship - USUALLY the purser handled most of the visa paperwork and work-related documents for the CREW.

Good Luck !

PS - If you need witnesses for the Galveston Wedding, let me know - I'll bring a Krewe in with video cameras.
DarnellMaleChina2010-01-20 16:19:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Filing for Cruise ship workers...?

Hello,

I have a rather unique situation that I would greatly appreciate some guidance to help me navigate these confusing immigration rules. My fiancee and I work on a cruise ship. I'm American and she is Peruvian. She holds both a B-1 Vistor's Visa and D-1 Crewman's Work Visa. We want to settle down in the U.S. as it offers more opportunities.

Here are my questions:

1. First, as I understand it, she needs to both apply AND remain in her country for the K-1 visa application process. Is this correct? She works on the cruise ships for the moment and doesn't want to lose her livelihood. incorrect. She doesn't apply at all. The USC applies.

2. We would like to get married in one of the U.S. ports that we visit - Galveston, TX or Key West, FL, but we are not sure if it would be allowed or more importantly, if it would screw up the immigration process. What would be the ramifications if we were to get married in one of these U.S. ports? the K-1 option would vanish, and instead, the USC would be filing an I-130 petition. I suggest you go that route, instead of the K-1. The painful bit, is her getting into the USA for more than 24 hours. I think she can do it with the B-1 visa. You won't know for certain until she tries it. So - get married in Galveston, then file the I-130 paperwork, then both of you jump back on the ship and continue working, yes?

3. Is this something, I should discuss with an immigration lawyer? If so, does anyone have recommendations?

Finally, if I have posted in the wrong forum, please let me know.

Thank you,

Shawn


You'll need to be certain of yer USA domicile, and USA domicile address, when you file the I-130 petition. If you have no true USA domicile address, for now, then I strongly suggest you GET a USA domicile, and prove up on interview day, at the Embassy in Peru, that you, the USC, has a USA domicile address.

Good Luck !! Post photos in the Gallery when you can !
DarnellMaleChina2010-01-19 14:16:00
K-1 Fiance(e) Visa Process & ProceduresInterview Worries!
whoa. you've made no mention of the I-134. You need to send that to her, suggest send it on or about the date that the INTERVIEW has been assigned.

This would also be a GREAT TIME to fill in yer VJ timeline over at http://www.visajourn...le.php?id=70730

Edited by Darnell, 06 February 2010 - 02:35 AM.

DarnellMaleChina2010-02-06 02:34:00
K-1 Fiance(e) Visa Process & Procedurescertified translation?
usually, and at a minimum, the translator person has an attestation statement somewhere in the translated document, with HIS/HER signature. not need to be notarized.

But hei - ask the embassy IV staff what they want, exactly (or maybe it's already there on some DOS web portal for 'that' embassy ? )
DarnellMaleChina2010-02-06 03:22:00
K-1 Fiance(e) Visa Process & ProceduresFiling K1 this week and moving soon...help!
I am a fan of using a POBOX if you have ANY address issues.

So, get a PO Box prior to filing, use the PO Box for notices.

Luckily for you - once you have the NOA-2 - the 'current address' won't matter - the 'next' thing to file is the AOS package, after she's here in the USA.

FWIW, those 'government notices' are NOT forwarded on, even if you have a 'forward notice' in place at a post office.
You can 'play around' with getting the address change into USCIS, but that data system is so frickin broken, it's never updated consistently.

But - just make sure SHE knows the new address on interview day, ya? It might come up in the interview.

Edited by Darnell, 08 February 2010 - 10:23 PM.

DarnellMaleChina2010-02-08 22:22:00
K-1 Fiance(e) Visa Process & ProceduresURGENT - 2009 Taxes Requested by Consulate

We're rooting for ya! Go, Star, go!

Dammit, now I'll have to do our taxes. Fuggit.


Tempus Fugit !!! ;) 'Specially into Tax Season !! GoGoGadget TaxFiling !
DarnellMaleChina2010-02-09 01:13:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa and problem getting a child
You can mail in the papers, also. You know which papers you need?

Seriously, you don't need to be there to START the process, or even BE THERE for the interview.

There's a medical exam, also.
DarnellMaleChina2010-02-10 00:02:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa and problem getting a child
Hullo? Any News? You contact Manila IV, tell them to start the K-2 paperwork? Wassup?
DarnellMaleChina2010-02-09 14:30:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa and problem getting a child
hullo confusedgal - any news from the IV unit in Manila ? Did you call them ? wassup?
DarnellMaleChina2010-02-09 01:36:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa and problem getting a child
---
this is similar -
http://www.visajourn...h...4246&hl=FTJ

But the contact # is in there.
You'll need the Manila CaseFile Number on yer approved I-129F petition.

Good Luck !
DarnellMaleChina2010-02-08 22:58:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa and problem getting a child
You don't have to wait for anything. Well, except, maybe for the coffee to brew, as you're gonna be on the phone a bit, overnight.

What you DO need to do, however, is to contact the IV Unit via telephone, fax or email, in Manila, and TELL THEM
that you want to start the K-2 process immediately, this week.

I suggest to you, that WAITING on SOMETHING at this point, is gonna HURT you, in terms of the DURATION from the K-1 issuance date.

Don't wait. Pick up the telephone, make the call now, before you sleep. Watch the timezone changes.

What you have is a K-2 Follow To Join Case. You could have started that anytime from the K-1 issuance date, till today. You have a bit of time, but not so much, yes? Please start it today. Physical presence (yours) is NOT required, to start the process.
DarnellMaleChina2010-02-08 22:55:00
K-1 Fiance(e) Visa Process & ProceduresFiance not in country of origin but in the UK
She doesn't need a UK passport at all.

If she is legal resident, permanent resident in UK, she can interview in London, with Indonesian Passport.

If her goal was to become UK CITIZEN, then maybe you want to put off any USA marriage or spousal visa for her, for a bit.

---

as is, you can file the petition, she'll be interviewed in London.
Good Luck !
DarnellMaleChina2010-02-09 23:53:00
K-1 Fiance(e) Visa Process & ProceduresFiance not in country of origin but in the UK
Did she EVER have an Indonesian Passport? If so, she can apply for a NEW ONE at an Indonesian Embassy.
DarnellMaleChina2010-02-09 23:31:00
K-1 Fiance(e) Visa Process & ProceduresCan evidence of "Relationship" be added at Interview
in addition to what was said above,

I strongly suggest you prepare an 'evolution of relationship' letter, and get it notarized, get it into yer fiance's hands for Interview Day - he/she will hand it across the window to the VO.

Good Luck !
DarnellMaleChina2010-02-10 16:24:00
K-1 Fiance(e) Visa Process & ProceduresHIV TESTED? K-1 Medical
Yes.

You can review the medical exam forms at http://guangzhou.use...and_packets.htm
Those are 'specific' for the US Consulate in Guangzhou, China, but the medical forms, with little exception, are universal.
DarnellMaleChina2010-02-11 02:11:00
K-1 Fiance(e) Visa Process & Proceduresgetting an UK Polce certificate for China resident
getting the UK Police certificate will be easy.

for police certificates in China - it's easy also.

BUT - all documents will be translated INTO english - USUALLY at a CHINESE NOTARIAL OFFICE in CHINA -

see http://www.visajourn...howtopic=228853
http://www.visajourn...showtopic=44131

for two posts about 'how to get the documents'
DarnellMaleChina2010-02-12 01:15:00
K-1 Fiance(e) Visa Process & ProceduresHow do you know when the Visa is approved at USCIS Service Center

How do you recieve your first notification that your case has been moved to the NVC? Will I see an update on the USCIS status page (from Intial Processing to Testing/Interview)? I see that others can post dates but I do not know where they are found.

After that, how do you track the progress through the rest of the system (like when it arrives at the consulate)

Thank you for any help you can provide.

Keith


IF you have received the NOA-2 (797-C approval notice) then contact NVC about 2 weeks from the date on the approval notice, get the NVC case number. Ask them if it was sent on to the embassy/consulate and/or scheduled for an interview.

Once it's left NVC, you can call DOS Hotline, get a Human™ and inquire case status from the time it's left NVC all the way through 'interview status' .
DarnellMaleChina2010-02-11 23:33:00
K-1 Fiance(e) Visa Process & Procedurese-file Tax return for K1 paperwork
re: 134 -

1. it's submitted on interview day, so you have some time, ya?
2. study the I-864 rules on assets and cash - see if you have assets and cash to qualify in the computation. If you do, show them on the I-134.
3. if, after all of your study and review, you feel you are still 'under the cut', then suggest you get a co-sponser for the I-134.

Good Luck !
DarnellMaleChina2010-02-16 12:55:00
K-1 Fiance(e) Visa Process & Procedurese-file Tax return for K1 paperwork
You have some time - don't need 'tax stuff' for I-134 on day of filing the I-129f.

SHE needs it on interview day at Guangzhou - so you have some time - anywhere from 2 to 14 months, before this is an issue.
DarnellMaleChina2010-02-02 18:22:00
K-1 Fiance(e) Visa Process & ProceduresDaugter of My Fiancee
The K-2 has about a year from Mom's K-1 visa approval date, on a 'follow-to-join' case. Realistically though - figure about 3 to 5 months of Mom in the USA, if there is no further 'waiting' after K-1 visa approval date, then kickstart the K-2 FTJ back at the Embassy/Consulate.

you can submit the k-2 info now on initial K-1 submittal. It's OK. It can be withdrawn at any point, even on interview day. Perhaps withdrawn is a bit too harsh of a label. Think of it instead, as 'to be adjudicated later' - since if IT IS a FTJ case, that's exactly what will happen at the Embassy/Consulate (adjudicated later). Figure a seperate interview for the child, later, and IF the father is amenable, he can supply his letter by the child's interview date.

IMO, you'll need the letter from the father by K-2 interview day. not necessarily the k-1 interview day.
DarnellMaleChina2010-02-17 21:31:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support + tax returns?
hmmmm. There have been 'blue slips' on interview day at the consulate in GUZ for the beneficiary NOT supplying the prior spouse's ssn and contact info. but it's not 'gospel' - ie - every one who not supply it got dinged for it - not at all.

At some point, you are to supply divorce decree on prior spouse(s), which USUALLY will have the SSN of the prior spouse (this varies by court and jurisdiction).
DarnellMaleChina2010-02-18 11:07:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support + tax returns?

Are tax returns required and I am overlooking that info? If so, how many years do you have to go back? I think I would only have 2 years of showing where I filed single, and any other papers would involve my ex's income.


What YOU CAN PROVIDE instead of tax returns, is an 'audited and certified' income statement, prepared by a CPA. Figure about 2 hours of his billable time to prepare this. Make sure the CPA includes his attestation and/or stamp on the income statement. Be prepared to get grilled on 'why you didn't supply tax returns' at the interview, but... an Income Statement, of this nature, usually is done to 'show other things besides w-2 income' - for example -

if you have massive assets or
a trust fund or
offshore income or
SSI or Disability Income or
a huge one-time cash disbursement from a lawsuit or lottery winnings.

There are other types of things you can show in an Income Statement - but USUALLY an income statement is prepared IF the 'w-2' or 'taxable income' is questionable, or if the 'taxable income' falls below the poverty line computations.

WHEW !!
DarnellMaleChina2010-02-17 21:45:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support + tax returns?

I just HATE HATE HATE to send that information anywhere other than my hands due to the fact that it has the ex's SS# on it. I would be PISSED if he sent my information off like that somewhere. I might hold his paperwork and tell Rob if they need it, he can call me, and I will fax it to them directly, and send him copies of my stuff. As much as I hate the idea of delaying for something like that, I hate the idea more of getting sued because a paper gets dropped somewhere random identity theft occurs!!!


Thousands of other K-1 Petitioners SEND IT IN, on a regular basis. The I-134 usually is sent to the Beneficiary by the Petitioner, and the Beneficiary presents it on Interview Day during the interview or to a pre-screener.

If you have personal issues about this (and I totally understand yer concern) - then I strongly suggest you either:

1. make yer OWN SEALED ENVELOPE containing this information, give it to the beneficiary prior to interview day or
2. YOU SHOW UP on interview day, give the I-134 and tax data to your man OUTSIDE the Embassy front door.

Good Luck!!
DarnellMaleChina2010-02-17 12:46:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support + tax returns?

Only the single most recent federal income tax return has been required for adjustment of status sine 2006.

Self employed individuals, individuals earning commissions, or contract laborers may need three years to prove income consistency.

And each consulate will do something different regarding federal income tax filings as regards the I134. Since the instructions for the I134 don't specify what constitutes sufficiency of income, the individual consulates are within their authority to establish whatever criteria they see fit.


You probably meant 'affadavit of support', yes? AOS 'meaning', can be tricky, depending on 'where you are' in the process.
DarnellMaleChina2010-02-17 12:41:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support + tax returns?

It appears not, unless I am missing something.

Interview checklist:

http://london.usemba...iv/docs169.html


I-134/Evidence of support info:

http://london.usemba...faffidavit.html

Ok, this is weird. Neither myself of my fiancee saw this before (the paragraph about supplying an I-134 and tax return paperwork). Did they just put this in? Maybe they just introduced this requirement, or me AND my fiancee totally missed it!

Duh!


No - it's always been there.
The two of you 'missed' it, prior, and it was 'noted' that you missed it, from one of your prior posts.
Sorry. I don't want to sound harsh here, but --- there it is !!

http://www.visajourn...h...t&p=3685941
answered for you, personally, on the 3rd o February.

I learned something about 'checking my prior posts' - many times, there are 'more answers' to questions that I posed.
I can see them (and so can you) by reviewing stuff in the profile, selecting 'view topics' or 'view posts' in the left hand panel. Brings up all of your prior things, plus answers to them.

Edited by Darnell, 17 February 2010 - 12:34 PM.

DarnellMaleChina2010-02-17 12:31:00
K-1 Fiance(e) Visa Process & Proceduresi have a good plan that wont interfer

Marrying your fiancee in PI and filing for CR-1 will be a better way to go because a co-sponsor will be considered and approved at the NVC level, not at the Consulate level - you stand a much better chance of being approved that way.


Wow - something new? Did something change on the I-130 process and the I-864 ??

NVC never 'approves' of data submitted on an I-864 - they do check for completeness on the form itself, but don't give a toss about the dollar values showing up on the supporting documents.

The Consular Official EVALUATES the I-864 and makes the determination at the Embassy/Consulate. The evaluation/approval on I-864 data is NEVER approved at the NVC level. Inclusion of a co-sponser is also EVALUATED at the Embassy/Consulate - NEVER EVALUATED at the NVC.
DarnellMaleChina2010-02-20 13:09:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa passport required? please help
wow - thats what - 3 weeks? what took you so long? :D EEEK !!!

Ya - send in the passport. Visa cannot be issued WITHOUT a passport.
DarnellMaleChina2010-02-20 17:38:00
K-1 Fiance(e) Visa Process & Proceduresis she old enough?
there's a chart of allowed minimum ages by country, somewhere.

any of youse know the link?
DarnellMaleChina2010-02-20 14:04:00
K-1 Fiance(e) Visa Process & ProceduresFinances for the self employed at Juarez
study the I-864 for classes of assets. Ya, yer using the I-134, but with W-2/taxable income below the poverty line, the ConOff will use the I-864 guidelines for assets AND the computation for 'poverty level'.

100K in cash TRUMPS a lot of prior stuff, each time.

Touch base with your CPA, prepare AUDITED Income and Assets Statement (should be no more than 2 hours of billable time), include ORIGINAL (make certified copies too, file these away for AOS) with the I-134 submittal at the Embassy.

re: vehicles - 1st vehicle doesn't count for the evaluation.
re: houses - evaluation done for cash value - this can be determined by equity or appraised value, usually need licensed appraiser's certified statement. if you have a mortgage or a lien on the house, i'd seriously rethink this, maybe not include it. Whatever financial 'thing' you have on the house - you'll have to compute the 'cash out' value after a sale - so prepare a small spreadsheet on that. If yer upside down on a mortgage, DOUBLE OUCH.

Good Luck !
DarnellMaleChina2010-02-21 23:47:00
K-1 Fiance(e) Visa Process & ProceduresK1 VISA & I-130 for foreign fiance's children - Who completes the I-130
I answered a similar question today - have a read?
http://www.visajourn...h...t&p=3733093

Good Luck !
DarnellMaleChina2010-02-22 01:37:00
K-1 Fiance(e) Visa Process & Proceduresk1 second time for differant fiancee

No, it has nothing to do with marrying the K-1 or using the K-1 visa. The issue is the number of I-129F petitions filed and the number of years between filing those two or more petitions.


Alrighty - yer right - I was wrong.

I did look it up, though, and ya, yer right.

My apologies if I seemed a bit pig-headed about it.
DarnellMaleChina2010-02-22 00:54:00
K-1 Fiance(e) Visa Process & Proceduresk1 second time for differant fiancee
It's my understanding that the waiver would be required IF he had married the first K-1 lass in the USA, then divorced her.

Since that's not the case, again IMO, the waiver isn't required.

A letter of attestation about the prior K-1, IMO, is needed , when filing the petition, as well as listing the prior K-1 on the I-129F application.
DarnellMaleChina2010-02-20 23:19:00
K-1 Fiance(e) Visa Process & Proceduresk1 second time for differant fiancee

where u find the waiver?


You won't need a waiver.

She got the k1 visa in sept 2008 but never used it.


So write a letter of attestation about this, be precise and specific, include it WITH the initial I-129F submittal.
DarnellMaleChina2010-02-20 17:36:00
K-1 Fiance(e) Visa Process & ProceduresDEBT with STATE BANK in HOME COUNTRY
Not sure about the USA side of it, at all -
but -

IT MAY BE that he's stopped and detained at the airport in Peru, by Peru Immigration Officers, when he goes into the International Security Check Zone.

He'd have to already 'be on a list' though. Is he 'on a list' - from having a federal case with a judgement against him?

Edited by Darnell, 22 February 2010 - 05:27 PM.

DarnellMaleChina2010-02-22 17:27:00
K-1 Fiance(e) Visa Process & ProceduresProblem With Customs
'copies of id' ? what? naaaaaaaaa - scan those, have her email them to you.

she should NOT need to send any I-129F form to you - it's on yer head to fill that out.

Perhaps is some issue with the G-325A document?

What, exactly, was she trying to send you ?
DarnellMaleChina2010-02-23 11:36:00