ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & Proceduresk-1 visa i have to start!
Your fiance should also assist you with the I-129F petition, and know as much of the "first step" rules, because this visa petition filled out and signed by the US citizen. He should ar least know what is on the form before he signs his name to it.

-P
Minya's wifeMaleHungary2008-02-29 12:58:00
K-1 Fiance(e) Visa Process & ProceduresComedy for all of us
QUOTE (dennis777 @ Feb 29 2008, 12:34 PM) <{POST_SNAPBACK}>
Hey, just had super idea! Maybe I could get VSC to push our simple application threw for $ 10,000.00 cash and a years supply of donuts. What do you think ? good.gif innocent.gif


That might workd! good.gif Be sure to include a copy of your non-refundable ticket, because that will definitely qualify for a 'sooper-dooper fast' expedite. wink.gif

-P
Minya's wifeMaleHungary2008-02-29 13:37:00
K-1 Fiance(e) Visa Process & ProceduresComedy for all of us
QUOTE (~Laura and Nick~ @ Feb 29 2008, 12:10 PM) <{POST_SNAPBACK}>
QUOTE (mox @ Feb 29 2008, 01:08 PM) <{POST_SNAPBACK}>
The only problem I see here is that you met during a drug bust. Make sure you attach an affidavit that explains they were totally not your drugs and that you were holding them for somebody. Make sure you write "Seriously I am not making this up," or they won't think you're serious and making it up.

wink.gif


No no no Mox, I don't see that as a problem at all...my concern is the married to other people bit...but I think they could just go ahead and get married to one another..it would just cancel out the other marriages.
biggrin.gif



I'm a little concerned that they're cutting it a little close w/ the April plane ticket.....what if Delbros(or whatever the visa delivery service is called) doesn't deliver the visa on time....and the ticket is non-refundable? ohmy.gif

-P

Edited by Paula&Minya, 29 February 2008 - 01:32 PM.

Minya's wifeMaleHungary2008-02-29 13:31:00
K-1 Fiance(e) Visa Process & ProceduresHelp Visa K-1
QUOTE (Eunimar @ Mar 6 2008, 01:56 PM) <{POST_SNAPBACK}>
Visa K-1 ayuda?
Estoy sumamente preocupada debido a que el pasado martes tuve la entrevisa para visa K-1 y fue aprobada. Hoy jueves se comunican conmigo diciendo cuando podia volver lo antes posible ya que la persona que me entrevisto tienen dudas? alguien le ha pasado algo asi que habra pasado? Ayuda


En este foro no le van a entender si escribe en espanol...quisas si pregunta en el foro regional...

La unica pregunta que tengo es, ud. de donde supo que su k-1 visa fue apropada? se lo dijeron al fin de la entrevista? Bueno, no es causa de tanta preocupacion....como dice tienen algunas dudas, pero estan dispuesta a darle una otra oportunidad para que pueda ud. demonstrar que si deben aprobar su visa. Asi que regrese, como no, y lleva con ud. toda su documentacion sobre su relacion su pareja y trata de responder a todas las 'dudas' que tienen.

Buena suerte.
-P
Minya's wifeMaleHungary2008-03-06 15:03:00
K-1 Fiance(e) Visa Process & ProceduresUrgent Medical Question
If the passport is needed at the medical and is used, it serves an identification purpose...there is nothing that they stamp or do with the passport at the medical...other than perhaps record the number so that once they mail the results to the consulate, the results can be paired w/ the person's file.
If your interview is before the medical, you can copy your passport as you intended and take your other form of ID with you. Also, including your consulate interview appointment letter would be good, to show the reason why you do not have your passport. Obviously this only becomes an issue if as Jesse G mentioned, the consulate witholds the passport after the interview, for visa issuance. But, I'm leaning more towards JG's explanation of things, that the passport will only be requested after the consulate receives your medical results and they're ready to issue the visa....they will not hold your passport the while they wait for the results of the medical.

Good luck,
-P
Minya's wifeMaleHungary2008-03-08 21:03:00
K-1 Fiance(e) Visa Process & ProceduresVehicular Homicide
Vehicular homicide is a legal term, but the crime falls under the umbrella of manslaughter, doesn't it?

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Minya's wifeMaleHungary2008-03-10 10:40:00
K-1 Fiance(e) Visa Process & ProceduresHelp please
Just to clarify that marriage w/in 90 days is a requirement if only if you came with a K-1 visa...not sure about the other visas. You posted in the K-1 forum, but you have no timeline or other info in your profile, so I'm not sure if your fiancee/wife came here w/ a K-1 visa. If yes, then you're good to go as malego 77 posted...if not, you may want to do a little more research depending on your wife's specific visa.

Good luck,
-P
Minya's wifeMaleHungary2008-03-10 13:28:00
K-1 Fiance(e) Visa Process & ProceduresHouston, TX - Free legal help offered by local lawyers
HOUSTON (KTRK) -- If you've got some legal questions that need answers, here's your chance.

Members of the Houston Bar Association are sponsoring the LegalLine as a public service. You can call 713-759-1133 on Wednesday, March 19, 2008, from 5pm to 9pm. Attorneys will offer free legal advice over the phone.



Source
Minya's wifeMaleHungary2008-03-19 08:14:00
K-1 Fiance(e) Visa Process & ProceduresLawyer keeping mum
Your posts are a bit confusing.....
QUOTE (wifetobe @ Jan 28 2008, 01:46 PM) <{POST_SNAPBACK}>
...
My fiancé (the petitioner) and I are just beginning our visa journey and our lawyer is ready to send off the petition. Though before he does, he asked my better other to write a letter stating exactly what his past conviction was for along with dates he served. He served 80 days of jail time throughout a year for drug and alcoholic abuse (not a serious crime). He meets with his DOC officer every week to make sure that he is clean of course and still attending his AA meetings which he is.
What I do not understand is why the lawyer told my fiancé: Do not share what I told you with your fianceé. ?? unsure.gif huh.gif Why would a lawyer say that to my fiancé? He told me straight away but I feel somewhat uneasy that he even suggested that my fiancé keep a secret from me!!! Why on earth?


What did the lawyer tell him, that he wasn't supposed to share w/ you? You state that the lawyer asked your fiance (the US citizen) to write down what/when/why of his conviction and jail term....but then what did the lawyer "tell" your fiancee that he wasn't supposed to share w/ you?

QUOTE (wifetobe @ Jan 28 2008, 02:15 PM) <{POST_SNAPBACK}>
Thanks for that. I just read the statement related to my question and it says that the department of state will disclose this info to the beneficiary (me) at the time of the consular interview. That's fine, but why would my lawyer say such a thing to my fiancé? Perhaps I shouldn't get too bent out of shape and just treat this with a pinch of salt. My lawyer is in a meeting so awaiting his phone call when he is available grrrr mad.gif


Who's lawyer is it and where is this person located? Either way, its probably not the most "kosher" think for one's lawyer to advise the 'witholding' of information from one's SO. Are you sure he meant taht your fiancee not tell you about his conviction and jail time? Its just kinda pointless to say something like that....because chances are that you already know.

-P
Minya's wifeMaleHungary2008-01-28 16:32:00
K-1 Fiance(e) Visa Process & ProceduresK1/2 denial in Guang-Zhou
QUOTE (selena @ Mar 27 2008, 11:06 AM) <{POST_SNAPBACK}>
How many phone bills, emails, letters? - A lot; phone bills list our conversations about 3-7 hrs./wk; > 10 mails, a lot of emails; the copies of 4 checks ($2500 to support my fiance's daughter's education)
I'm sorry, but given the fact that you haven't visited your fiance in 18 months, talking on the phone 3-7hrs a week w/ a lot of emails (you're generalizing again...what is a lot?) does not sound sufficient to me. When we were going though the visa process my, then, fiance and I talked that much on a dayli basis....and we were not dealing w/ Guan-Zhou consulate. ADD TO THAT the fact that you're sending your fiancee money....there has been discussion here as to whether that information should be included, as it could be looked at in either positive or negative light by the CO.
Did they cover the entire period of your purported relationship? Yes.
Did you have proof of your last visit there, included in your evidence? Yes. Air tickets, visa to GZ
Did you include photos of you together? Yes. How many?
Do you chat online? Not This may have been of importance....in today's internet world, many use this method of communication because it is relatively affordable and can offer an easy method to 'communicate' dayli which goes a long way towards proving an ongoing relationship.

Did you show proof of that? Yes. But the Officer only briefly viewed them.
Sometimes it is up to the visa applicant to draw the officer's attention to certain pieces of evidence that need to be looked at more carefully....i.e. when the officer asks a question like "How do you communicate" you answer but also point to the evidence you brought to prove your point.
These are the types of details that you should keep in mind, in figuring out if your evidence is sufficient. Obviously, officer B was not convinced....and not convinced enough to deny you outright. Are there any so called 'red-flags' in your situation, other than the fact that you haven't visited your fiancee in 18 months? - I had K3 marriage case before. But the ex-ife returned to China 2+ yr. ago. The officer asked it, and my fiance presented the documents.

Minya's wifeMaleHungary2008-03-27 11:18:00
K-1 Fiance(e) Visa Process & ProceduresK1/2 denial in Guang-Zhou
QUOTE (selena @ Mar 27 2008, 10:35 AM) <{POST_SNAPBACK}>
One the date of interview, Officer A reviewed the documents (a lot of phone bills, emails, letters, etc.) submitted, and then talked to Officer B: "their docs are sufficient." B said: "I am not sure for it". Then A gave the denial and refused my fiance's any explanation. Hopefully you can give us some idea. Thanks a lot.


Let's try this again:

How many phone bills, emails, letters? Did they cover the entire period of your purported relationship? Did you have proof of your last visit there, included in your evidence? Did you include photos of you together? Do you chat online? Did you show proof of that? These are the types of details that you should keep in mind, in figuring out if your evidence is sufficient. Obviously, officer B was not convinced....and not convinced enough to deny you outright. Are there any so called 'red-flags' in your situation, other than the fact that you haven't visited your fiancee in 18 months? How often do you communicate? Not having visited in 18 months, but if you talk every day, for example, would go a long way towards overcoming that deificiency....but not visiting in 18 months, and exchanging an e-mail here or there, talking on the phone sporadicatlly will surely cast doubt as to the bona-fide nature of your relatinship. You have to look at this from the CO's point of view.

-P
Minya's wifeMaleHungary2008-03-27 10:53:00
K-1 Fiance(e) Visa Process & ProceduresK1/2 denial in Guang-Zhou
QUOTE (selena @ Mar 27 2008, 09:54 AM) <{POST_SNAPBACK}>
I could not make an additional trip due to multiple reasons (e.g. frequent job changes and took care of my son who was under 18). We had sufficient documents of emails, photos, mails, phone bills. Thanks for your more suggestion.


You don't seem to be understanding what pushbrk is trying to convey to you. You keep saying the evidence you presented, of an ongoing relationship, was sufficient. What is sufficient to you, and what is sufficient to the Consular Official are two very different things. Obviously, because of the type of denial you got, your evidence did not convince the CO that you have a bona-fide ongoing relationship...ergo, your evidence was not sufficient. From what I understand the consulate you are dealing with is quite a difficult one and your burden of proof is much higher than at other more 'easy-going' consulates. You have not met that burden of proof, and before you go off in any new direction, you should determine where you failed. Otherwise you'll just repeat the same mistake again.

-P

Edited by Paula&Minya, 27 March 2008 - 10:16 AM.

Minya's wifeMaleHungary2008-03-27 10:15:00
K-1 Fiance(e) Visa Process & ProceduresA Question of PROOF ....
Not to question you excessively about details, but your relationship timeline is unclear, perhaps you can clarify.

In your first post, in this thread, you state the following:
QUOTE
...
Since this is a REAL relationship, I didn't know I wanted to marry him until my SECOND trip to visit him. Only THEN did I inquire about this process and find out I needed "proof". I didn't know I was going to marry him in the beginning so why would I save yahoo chats and emails? That makes NO SENSE. Of course NOW I am saving everything from pictures to receipts but there is no way to prove that we communicated for 6 months prior to my second visit. To me, if you have that kind of proof, it seems that your relationship is LESS real and more likely a scam because you pre-planned to have "proof" - does this make sense????? What should I do about my lack of proof of meeting him on my third trip to Vietnam? (I have been in Vietnam 4 times now).


But later, you state:
QUOTE
Oh and just to clarify - I have been in vietnam 5 times total .... on my fourth trip (sorry, I think I said third before) I met Tan, that was last time in Vietnam.
...
This is my fifth trip and I came to see him. Its almost been 2 months together, every day. Around the 1 month mark I began reading, making inquiries.
...


I'm sorry, but details become very important, especially during the interview. Some CO's will ask extremely detailed questions in their attempt to judge the bona-fides of a relationship.
If we take your clarification post as your timeline, you've been to Vietnam 5 times? But you only met Tan on your 4th trip, or you only became engaged on your 4th trip? If you were married to someone else during any of the time of your relationship w/ Tan you need to be prepared answer questions about that. Some have experienced more detailed questioning if their relationship began while one or the other was married. As stated by some, your quickie divorce, while it may be legally accepted by USCIS, could be of concern to the CO during the visa interview....be prepared to justify this.

Good luck,
-P
Minya's wifeMaleHungary2008-02-16 18:18:00
K-1 Fiance(e) Visa Process & ProceduresA Question of PROOF ....
push,
Has the OP posted before, am I missing something. She only states that she was married before, and now lives w/ her ex-husband.
QUOTE
I was previously married and I live with my ex-husband now because he is my BEST FRIEND.


Why would you say:
QUOTE
For starters, your relationship so far, has been between a married woman and a single man. At best, you'll file a fiance petition after a recent divorce,...


Maybe she's posted before and I've missed it, but I do not see anything in her current post to state she is still married, or even recently divorced.

-P
Minya's wifeMaleHungary2008-02-15 23:45:00
K-1 Fiance(e) Visa Process & ProceduresA Question of PROOF ....
What do you mean by this statement?
QUOTE
What should I do about my lack of proof of meeting him on my third trip to Vietnam? (I have been in Vietnam 4 times now).


If on your second trip to Vietnam you began to inquire about the paperwork, fiance visa and began saving your ...why do you not have proof of your 3rd and 4th trip there?
As far as your paperwork goes...you need minimal proof to get your initial petition approved here at the USCIS service center. For the I-129F you must prove that you and your fiance met at least once during the two year period leading up to you filing the petition. You do that w/ the stamps in your passport, your plane tickets, some receipts from your time there and some photographs.
It is at the consulate visa interview, that your burden of proof is more significant. There you are proving an ongoing communication(relationship). So if it was during your second trip to Vietnam that you became engaged, state that on your initial petition...(in the question inquiring how you met) and then you will need to prove your relationship from that point forward.

For the consulate related details you're seeking, perhaps those who have gone though the Vietnam consulate will chime in and give you details regarding the process there.

Good luck,
-P

Good luck.
Minya's wifeMaleHungary2008-02-15 23:14:00
K-1 Fiance(e) Visa Process & ProceduresHelp! How long does it take to get Birth Certificate?
QUOTE (pushbrk @ Apr 4 2008, 09:35 AM) <{POST_SNAPBACK}>
QUOTE (BigCityDave @ Apr 3 2008, 11:24 PM) <{POST_SNAPBACK}>
What if I just attend the interview?

I can show them my passport. Thats even better. I know I have permission to attend if I would like.



That's fine but get your own new certified copy of your birth certificate anyway. It's good to have around. Unless you were aready planning to attend the interview, traveling to Hungary is a really expensive birth certificate substitute.


Just to be clear....Dave needs a copy of his passport to keep for his own records, but as stated before he does not need his birth certificate for the visa process in Hungary. The passport will suffice.

Dave it seems you're trying to find a good enough reason to go to Hungary and be there w/ your fiancee at the interview. wink.gif If that's the case, just go...there's no need to find a justification for your desire to be there w/ your lady during the visa interview. smile.gif

-P
Minya's wifeMaleHungary2008-04-04 09:58:00
K-1 Fiance(e) Visa Process & ProceduresHelp! How long does it take to get Birth Certificate?
QUOTE (fwaguy @ Apr 4 2008, 08:35 AM) <{POST_SNAPBACK}>
Why do you need a BC for the interview... this is typically not a required document from the USC...


I'm w/ fwaguy on this one. My fiancee processed through budapest, my BC was not needed. Even had I attended the interview, as you're thinking of doing Dave....your BC is not needed. You'd just need your passport to gain entry to the Consulate....or for any other proof that you are who you say you are!
Take a deep breath, relax! smile.gif

-P
Minya's wifeMaleHungary2008-04-04 09:33:00
K-1 Fiance(e) Visa Process & Proceduresk1 and k2 change status total cost
QUOTE (yassmine2878 @ Feb 9 2008, 05:00 PM) <{POST_SNAPBACK}>
QUOTE (Paula&Minya @ Feb 9 2008, 04:57 PM) <{POST_SNAPBACK}>
QUOTE (yassmine2878 @ Feb 9 2008, 04:53 PM) <{POST_SNAPBACK}>
Im not sure about the k2's because I havent had to deal with that aspect, but on the K1 the price can vary. That $1010 is only for filing the I-485 and fingerprints. That does not include the cost of the EAD and AP. Those are optional, of course, but will drive the price up.


Not true. Since July of 07, the filing cost for K-1 AOS is $1010. It includes biometrics and EAD/AP if you choose to apply for them. Its one lump sum now....so most people go ahead and apply for EAD/AP as well, as it is included in the initial payment for I-485.

-P


Okay, my bad. I stand corrected. Thanks for keeping me honest, I wasnt aware of this. For the OP, please forgive my erroneous info, Im rather bitter about AOS in general tongue.gif (I also filed long before the fee hike).


smile.gif Yes, my fingers 'hurt' when I had to write that AOS check for $1010. sad.gif The new fee hikes that have made it such that not only has the price has increased, it must now be paid in one lump sum at the time you file AOS. The benefit(according to them) is that any auxilliary applications (even if you have to renew EAD, I think) are included in the initial $1010 fee.

-P
Minya's wifeMaleHungary2008-02-09 18:08:00
K-1 Fiance(e) Visa Process & Proceduresk1 and k2 change status total cost
The fee for primary applicant K-1 is $1010 (includes $80 for biometrics).

The fee for a child under the age fourteen years will be$600.00 when submitted concurrently with the application of a parent .

The fee is $930 (no biometrics required) for applicants under 14 who submit Form I-485 independent from other family members.

-P


Minya's wifeMaleHungary2008-02-09 18:03:00
K-1 Fiance(e) Visa Process & Proceduresk1 and k2 change status total cost
QUOTE (yassmine2878 @ Feb 9 2008, 04:53 PM) <{POST_SNAPBACK}>
Im not sure about the k2's because I havent had to deal with that aspect, but on the K1 the price can vary. That $1010 is only for filing the I-485 and fingerprints. That does not include the cost of the EAD and AP. Those are optional, of course, but will drive the price up.


Not true. Since July of 07, the filing cost for K-1 AOS is $1010. It includes biometrics and EAD/AP if you choose to apply for them. Its one lump sum now....so most people go ahead and apply for EAD/AP as well, as it is included in the initial payment for I-485.

-P
Minya's wifeMaleHungary2008-02-09 17:57:00
K-1 Fiance(e) Visa Process & ProceduresCitizen Engaged To Expired Student Visa
QUOTE (recalcitrance @ Apr 24 2008, 03:52 PM) <{POST_SNAPBACK}>
How long would an "overstay" period be to be considered "extensive?"

He is on an F-1 Visa as a full-time Medical Student.
His I-20 is active until 2010.

If an I-20 is active, does that help with the expired Visa?


His visa is not yet expired...you stated earlier his visa will expire in 6 months. He has that long to figure out what he is to do. If his studies are finished and he does not wish to return to his home country, he will have to see what way is open to him to remain in this country legally - these include employment that is willing to offer him an H-1B visa, continued studies for another F-1 visa or marriage to a US citizen and AOS.

I think you really need to a little more research to see what options are available. Perhaps your BF can consult consult with the Foreign Students office at his university for some guidance.

-P
Minya's wifeMaleHungary2008-04-24 16:02:00
K-1 Fiance(e) Visa Process & ProceduresCitizen Engaged To Expired Student Visa
QUOTE (recalcitrance @ Apr 24 2008, 02:39 PM) <{POST_SNAPBACK}>
His I-20 is Valid but his Visa expires in half a year. He's been here for almost 3 years. He came here on a Medical Student Visa with permission to work on campus only.

Re-entry Ban??? What????? What's that?

I'm so grateful for everyone's help. I am so ignorant when it comes to things like this because I've never had to deal with it before.

If we are to marry, what would we have to do to change his status and how long does it take???

I'm so worried that he will have to go home and stay there for I don't know how long.


Then he is not in overstay currently?

A re-entry ban is placed on some that have seriously overstaid their visa. It is activated, when the oversayer, having left the US tries to apply for a new visa to enter back.

If you should marry, then a simultaneous I-130 and I-485(Along with the optional Travel and Employment Autorization) petition needs to be submitted to USCIS to get his immmigration status changed. The time frame is unpredictable...we completed the AOS process in 2.5 months, but there are some on this site that have waited over a year(if not longer) for their approval....so no telling how long.

-P
Minya's wifeMaleHungary2008-04-24 15:03:00
K-1 Fiance(e) Visa Process & ProceduresHelping with Money for Foreign Significant Other
I sent money two times before my husband came here (we were not separated as long as some on this forum)...both times were because after paying the bills (which included his humongous cell phone bill) he literally had very little left over from which to feed himself. I did not need to be asked...I just wired the money, and told him when and where to go pick it up. We used Western Union, it was safe and quite fast.

Now, we're thinking of going w/ option of having another bank account opened and sending them the ATM card, as William33 stated. It is by far the most cost effective method of getting the money to our loved ones.

-P
Minya's wifeMaleHungary2008-02-08 20:40:00
K-1 Fiance(e) Visa Process & Proceduresphone cards
QUOTE (LINGIWE @ May 22 2008, 09:18 AM) <{POST_SNAPBACK}>
hi every one, just one quick question, how do you prove you have been talking on phone if you call using phone cards?
my fiance has been keeping All the phone cards since we started talking, can i take them to the interview when the time comes? or is there another way of showing he has been using cards to phone?


thanks


Depends on the phone card, and how you purchased them. I used phone cards, but they were purchased online, through one web-site. (I picked the card that had the best rate for the country I was calling, and I just re-filled it each time I needed to call....it had a permanent pin# and my home phone and cell # were programmed in, so all I had to do was dial the # I wanted to speak to.)
These types of cards often can produce a call log for you at your request....or if available, they'll have your call history on-line. You can then print that out, and take to the interview to prove phone communication. The phone cards purchased at little mom&pop type stores do not have this feature as far as I know.

-P
Minya's wifeMaleHungary2008-05-22 11:15:00
K-1 Fiance(e) Visa Process & Procedures??
QUOTE (cca @ Jun 2 2008, 11:34 AM) <{POST_SNAPBACK}>
Im filling in my G 325A and sendin it to them again as i forgot to fill in something!
On Applicants last add outside us of more than 1 year do i put the add im registered at the mo? Cuz it doesnt allow for me to put presnt, just has date from and to?
thanks smile.gif


Would you please use complete words in your question. I'm having diffuclty understanding what you're asking. The "last add" i'm thinking means "last address", but I have NO CLUE what "at the mo" means.

As far as not being able to enter the word Present....you an leave that field blank, print the form (don't forget that the form has 4 pages, all 4 need to be printed and sent) and HANDWRITE the word Present in the appropriate box.

-P
Minya's wifeMaleHungary2008-06-02 11:47:00
K-1 Fiance(e) Visa Process & Proceduresmeeting last 2 years
QUOTE (fwaguy @ Jun 12 2008, 10:12 AM) <{POST_SNAPBACK}>
QUOTE (johnm @ Jun 12 2008, 10:07 AM) <{POST_SNAPBACK}>
Hi Everyone,
Haven't been around in a while but I am finally getting ready to start the process. I am getting together everything to send in. My finacee and I have been together since 2002. We were together in her country until Octber 2006 then she went to work in another country while I also did the same. We saw each once last March when she came to visit me. I have her baggage ticket from the airport and her paid reciept for the ticket to the country where I was, but other than that nothing else as she stayed at my place (no hotel). When we toghter 2 years ago in her country we really don'[t have anything except pictures since we were living in the same country (no lease, stayed at her mom's). I have stamps on my passport to show I was in the country but what else can I show for proof we were together?? My mom came to visit in late April 2006 (a little over 2 years ago) and I have pictures of us togther with my finacee and can get proof my mom was in that country at that time. Will it make a big difference if it was just over 2 years ago?? Any help would be appreciated. By the way we have ton's of pictures from the begining to support our relationship the problem is since I lived in her country (had residence permit) I don't have a lot of the primary evidence someone would normally have. THANKS!!


Any evidence that is provided that is NOT within the two year time frame from the date of petition submission will be ignored.


As fwaguy stated, said evidence will be ignored at USCIS if it is not within the 2 year time-frame (w/in 2 years of application date) but it is evidence that you will need to support your relationship when time comes for your fiancee to go to the consulate for her visa interview.

-P
Minya's wifeMaleHungary2008-06-12 10:17:00
K-1 Fiance(e) Visa Process & ProceduresCan I fill in the I-29F and compile the evidence
Before you just get him to sign on the dotted line, I would make sure he at least has a general idea what information is contained in each page, and is the purpose of each form. If there is an issue, or if USCIS needs to be contacted for whatever reason....they will only deal with the USCitizen....so he would have to at least be familiar enough with the petition's contents to make an inquiry should it become necessary. I know its funny that men don't like paperwork....and it may well be true, but petitioning and getting the visa is only half the battle. You still have to adjust status once you've married here in the US...and there will be a whole slew of new paperwork to complete for that process. Some portions of that process require the gathering of evidence that is US based...and you'll need your man to either have that info available (like IRS tax returns) or at least know how to obtain what is needed (like if a new medical is requested of you by USCIS). You will be a new immigrant to this country, and cannot be expected to know all its bureaucratic intricacies.
Immigration is a two way street....and as much as men are reluctant sometime, please try to get him as involved as possible because this process is not as simple as "Here honey, sign here." smile.gif Wishing you a speedy 'journey'.

Good luck,
-P
Minya's wifeMaleHungary2008-06-24 15:38:00
K-1 Fiance(e) Visa Process & ProceduresCan you use a sponsor with K-1?
You may want to visit over to the ME/NA forum and pose your question there. From what I remember, the process differs in a couple of the Middle Eastern countries. I seem to remember that the affidavit of support is not even required by some of the consulates...but I don't remember which one. I'm sure the members in the ME/NA forum will be able to assist you though.

Good luck,
-P
Minya's wifeMaleHungary2008-07-02 14:43:00
K-1 Fiance(e) Visa Process & ProceduresBaby Proof of Ongoing Relationship?
QUOTE (Carlawarla @ Jul 23 2008, 06:31 AM) <{POST_SNAPBACK}>
Agree with the above. Can you have him put on the BC now?

For K-1 submissions, you should read the guides. There is primary and secondary evidence. You only need to provide proof you've met in the last two years at this stage. So, his or your boarding pass, stamps on either of your passport, perhaps one picture together should suffice. For the rest of the journey and needed at the interview stage, you'll need other evidence. You could print some of your chat logs. Is he coming to visit with you again? Or you him? Take more pictures to show a continuum of time.

You mention that you don't email, write or phone. I don't know how long you've been apart, but it would be adventageous to start doing these things now! Cards, emails, letters...anything to show that you're communicating and involved in a relationship. You'll have some time to accumulate these things, as they're needed at the interview, not now.


What she said! good.gif

You do not need "ongoing" relationship proof to file an I-129F petition. You need to prove that you ment withing 2 years of filing the petition...and send some photos (some choose a lot, other a few and both have been approved, no ryme or reason there).
The bulk of the documentation, proving that you have an ongoing relationship....including the birth certificate of your common child would be needed at the interview stage. I would follow Carlawarla's advice and paralell to your messaging, start e-mailing, phoning and writing to one another....and keeping copies of all communication...they are truly the best proof IMO of an "ongoing" relationship".

-P
Minya's wifeMaleHungary2008-07-23 14:44:00
K-1 Fiance(e) Visa Process & ProceduresMy K1 Visa rejected - will return back to u.s.
QUOTE (K1 Sponsor @ Feb 14 2008, 01:46 PM) <{POST_SNAPBACK}>
Is there a way that I can still convince the consulate officer to re-consider my case? If I need to fly back to Vietnam again to meet with the consulate officer. I am willing to do so. Please advice. Thank you much!


Unfortunately you are not given that chance, to convince the consulate at this time. They have already made up their minds, and have issued a Notice of Intent to Deny. If they were maybe just questioning, they maybe would have given you a chance by asking for further proof of your relationship....then you would have had a chance to explain things.

Your NOID letter further details, that not only do they question the 2 year gap (2004-2006) but that you offer little proof of the ongoing relationship you stated you had, from December 2006 to Time of Interview. Your letter states:

QUOTE
The met and became engaed in December 2006, during Petioner's first and only trip. There is no evidence on record Petioner has returned to visit Beneficiary. No evidece of communication prior to the engagement, covering a two-yr period, was submitted. Evidence of comm. after the engagement consists of a few chat transcripts from 2007. Photographs submitted do not indicate they spent more than one or two days in each other's presence.


You basically did not have enough evidence even to convince the consulate that you were a couple from Dec. 06 onwards. Let me give you an example....when my, then, fiance went to his visa interview....he had 6 months worth of cell phone bills (showing every day calls back and forth), six months worth of calling card "call history", about 50 pages of chat transcripts, 12-20 pages of transcripts showing text messages sent to cell phone from Skype, about 75 photos and a couple of postcards.....and the consulate still wanted more. So the burden of proof on the visa beneficiary, to have lots of "evidence of ongoing relationship" is quite high.

As if it hasn't been said enough times on this thread....call a lawyer, have a consultation ASAP, don't be stingy with the money. You seem to be having trouble understanding that just because you love her and just because you're a US citizen, it does not guarantee your fiancee a visa. Immigration is a privilege...and its time you start taking that seriously.

-P
Minya's wifeMaleHungary2008-02-14 15:41:00
K-1 Fiance(e) Visa Process & ProceduresMy K1 Visa rejected - will return back to u.s.
QUOTE (fwaguy @ Feb 14 2008, 11:00 AM) <{POST_SNAPBACK}>
QUOTE (Paula&Minya @ Feb 14 2008, 09:57 AM) <{POST_SNAPBACK}>
Wait, I'm confused fwaguy. Do you mean that there could be more detail regarding the findings of the CO in his notes, i.e. there could still be a finding of misrepresentation, but not written in this NOID letter? unsure.gif

-P


I am not necessarily saying that... but there will definitely be more detail....


Could be, but this is more detail than some others have gotten in a NOID, so the OP is still better informed as to the "why's". The advice of many on this thread still stands....to get legal advice for any action from thsi point forward. I don't think this can be a do-it-yourself thing anymore.

-P
Minya's wifeMaleHungary2008-02-14 12:04:00
K-1 Fiance(e) Visa Process & ProceduresMy K1 Visa rejected - will return back to u.s.
QUOTE (fwaguy @ Feb 14 2008, 09:05 AM) <{POST_SNAPBACK}>
QUOTE (babblesgirl @ Feb 14 2008, 09:02 AM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ Feb 14 2008, 02:47 PM) <{POST_SNAPBACK}>
Thank you for providing the above. I think it is very good news for you. Considering the fact that you willfully misrepresented facts, exposing yourself to a possible lifetime ban the fact that they denied the visa for insufficient evidence of bona fides indicates you still have viable options for being together in the USA.

I suggest you once and for all, stop thinking of your problem as a misunderstanding. A misunderstanding may be the reason you lied but you then clearly chose to lie. You got lucky, in that the Consular officer's comments don't indicate a finding of intentional misrepresentation but merely a failure to meet the reasonable person standard.

At this point though, I strongly suggest you retain the services of a competent immigration attorney before taking any further steps whatsoever. The sooner you do this, the better. I think the advice will include at least two additional trips to Vietnam, one for marriage and another to show bona fides. You'll have to deal with this current Notice of Intent to Deny first though.

Please start considering yourself extremely fortunate to be in this circumstance instead of a far worse one, with nobody to blame but yourself.


That's the way I read it too. It seems there is a suspicion that there was not a relationship prior to Dec 2006 but the real quibble the CO had was the lack of supporting evidence for the relationship post engagement. I think the OP is very fortunate to have been given such a detailed reason for the denial and I hope he follows the advice to seek real help with this. He really can't afford any more 'misunderstandings'.


This is what has been provided on the surface and may in fact be it and nothing more... the real key however is to get a hold of the consular notes that have benn attached/written into the file... this can be done via a FOIA request...



Wait, I'm confused fwaguy. Do you mean that there could be more detail regarding the findings of the CO in his notes, i.e. there could still be a finding of misrepresentation, but not written in this NOID letter? unsure.gif

-P
Minya's wifeMaleHungary2008-02-14 10:57:00
K-1 Fiance(e) Visa Process & ProceduresMy K1 Visa rejected - will return back to u.s.
QUOTE (K1 Sponsor @ Feb 13 2008, 11:49 AM) <{POST_SNAPBACK}>
Thank you all very much for your valuable posts and replies...

I know my case is a misunderstood the requirements. If my Senator couldn't help me, the next plan I will do is going back to Vietnam to marry her and petition her as K3 all over again. Is this the right thing to do? I may have to wait for another yr or two, whatever long it takes for her to come here. I am so tired of pursuing the case.... Lawyers are expensive and no guarenteed that they can help with my current situation. I don't plan to look for a lawyer.


There you go "misunderstanding" again. You need to know the answers to the questions I stated and look at those answers in terms of the link given to you by john_and_marlene.

What exactly is in the "rejection" letter given by the consulate?
What transpired at the visa interview?
What did the beneficiary state, when asked for the evidence of relationship from 04 to 06?
Is there a finding of misrepresentation?

The answers to these questions can affect whether you can just go back to Vietnam, marry your fiancee and petition all over again. If all is OK, and you are still elibile to petition, you still need to make sure this petition is closed out(so to speak) before you submit any new one.

Given that you "misunderstood" things this first time around, I would bite the bullet and get a lawyer to help you w/ any future visa petitions. If you "misunderstand" your way into another visa denial, you'll really shoot yourself in the foot. Get a good lawyer to help you out, and don't look at the cost.

-P
Minya's wifeMaleHungary2008-02-13 13:03:00
K-1 Fiance(e) Visa Process & ProceduresMy K1 Visa rejected - will return back to u.s.
QUOTE (ayaz @ Feb 13 2008, 10:49 AM) <{POST_SNAPBACK}>
What you should do is try to get a lawyer and convince him that you misunderstood the condition of having met in last two yrs. You can only try it and see if this will resolve it.


And that's going to help how? The OP has to convice the US government that he did not commit fraud at this point. There is no safety clause in US law for those who misunderstand the law. The OP's case has already been through the interveiw, and it was DENIED. At this point, I don't think Senator involvement, as the OP doing, is going to help either. There is nothing a Senator can do w/ the fact that the OP stated he met his fiancee in 2004, but in fact he met her in 2006. That is a two year gap, which the consulate rightly noticed and wanted clarification on. The OP has no clarification to offer, because the two extra years in his relationship were fictitious. A Senator can help when the process is taking unusually long, they can perhaps speed things along....but they can't undo a lie.

There are some important things the OP does need to know in order to create a course of action from this point forward.. What exactly is in the "rejection" letter given by the consulate. What transpired at the visa interview? What did the beneficiary state, when asked for the evidence of relationship from 04 to 06? Is there a finding of misrepresentation, because that can result in a lifetime ban on ever receiving a visa to the US. If there is no misrepresentation found on the part of the beneficiary or petitioner, then once the rejected petition is 'disposed' of properly, the OP may be able to marry his fiancee and re-file a petition - for a spousal visa this time. But that's a big if at this point....

-P
Minya's wifeMaleHungary2008-02-13 12:09:00
K-1 Fiance(e) Visa Process & ProceduresMy K1 Visa rejected - will return back to u.s.
QUOTE (mox @ Feb 13 2008, 10:02 AM) <{POST_SNAPBACK}>
Honestly I don't know what to tell you. Your intent was to commit fraud, even if you now realize it wasn't necessary. That sits rather poorly in my craw.

You could try re-filing, but they're not just going to "forget" what you submitted before. Depending on how you worded your initial packet I suppose you could try to explain it off as a mistake, but then you are once again lying. To paraphrase Einstein, the definition of insanity is doing the same thing again, expecting different results.

You probably need a good immigration attorney at this point to untangle your mess. Good luck.



I have to agree w/ Mox on this one. You lied, plain and simple. Saying that English is your second language, and that you 'misunderstood' the requirements are not really going to get you anywhere as far as DHS is concernced. The petitioner always has the option to hire an attorney if they feel they need to. You misunderstood the instructions, but instead of researching further, or going to get legal advice you chose to lie....and you knowingly did so, because there's a little portion at the end of the petition, before the signature box that states:

I am legally able to and intend to marry my alien fiancé(e) within 90 days of his or her arrival in the United States. I certify, under penalty of perjury under the laws of the United States of America, that the foregoing is true and correct. Furthermore, I authorize the release of any information from my records that U.S. Citizenship and Immigration Services needs to determine eligibility for the benefit that I am seeking.

A mistake is sending in an outdated form, or supplying last year's tax information when they require this years....what you did constitutes fraud.

The best advice anyone here can give you is to research around and find a good immigration attorney. You are going to need professional assistance to sort your mess out.

-P
Minya's wifeMaleHungary2008-02-13 11:32:00
K-1 Fiance(e) Visa Process & ProceduresNEED HELP!!! REALLY... NEED HELP!
QUOTE (tashyta @ Feb 14 2008, 10:41 AM) <{POST_SNAPBACK}>
QUOTE (mox @ Feb 14 2008, 06:37 AM) <{POST_SNAPBACK}>
I'm really curious as to why you didn't marry within the first 90 days, but that's really neither here nor there.

You need to get yourself a competent immigration attorney at this point. You are most likely looking at having to return to your home country and then re-applying on K-1 or CR-1.

You need to get this taken care of ASAP. The longer you are here illegally, the worse it will be for you.



Actually, this is my second K1 visa with my fiance. The first time I came here in 2005 just to visit him and his family (at that time he had 2 weeks off his deployment). This is my second time here, so I am not sure that the embassy will give me one more visa


The K-1 visa is not a visitor's visa!?! Why would you use it as such? You were given two chances by the US consulate to follow the rules, twice you chose to use a Fiancee Visa for Tourist purposes...whic h can be termed as visa fraud.

Please consult an attorney, and do not allow your fiancee to convince you that everything will be OK. It will not be OK....at this point you have no legal presence in the US. At anytime you can be subject to involuntary removal from US soil. You need advice on what your options are so that you can make a sound decision regarding your future residency.

-P
Minya's wifeMaleHungary2008-02-14 16:16:00
K-1 Fiance(e) Visa Process & ProceduresNEED HELP!!! REALLY... NEED HELP!
QUOTE (tashyta @ Feb 14 2008, 10:14 AM) <{POST_SNAPBACK}>
QUOTE (winterr @ Feb 14 2008, 06:10 AM) <{POST_SNAPBACK}>

Are you going to marry him?


Yes, I am! But I hve no idea when it can happen sad.gif


All you need is a $35-50 (depending on where you live) marriage license and booking an appointment at the county courthouse for a judge to perform the ceremony. Why wasn't this done w/in the 90 days alotted on your K1 visa?

The sad fact is that the K-1 visa is very specific in its purpose and has limitations. It is a one time entry visa, for the express purpose of the beneficiary to come the US and marry the petitioner fiancee. Furthermore, the marriage must be concluded within 90 days of the beneficiary's entrance into the US. Te next major step in the process, Adjustment of Status (AOS) can be delayed, but the marriage must have taken place w/in 90 days.

There is no option for any other path, as far as I know. You cannot apply for a work visa (from the US, you must go back to your home country and do that) and you cannot marry anyone else but the petitioner. Once your I-94 expires and you are not married to the petitioner, you must return to your home country or otherwise you begin accruing time of "illegal presence". This may have serious reprecussions on any future US visa eligibilities.

-P
Minya's wifeMaleHungary2008-02-14 11:31:00
K-1 Fiance(e) Visa Process & ProceduresQuestions
QUOTE (AllieG @ Sep 29 2008, 02:34 PM) <{POST_SNAPBACK}>
I was just wondering when forms Form DS-156, Form DS-156K, Form DS-157, Form DS-158, Form DS-230, FC-029 are used. Are they sent with the application or are they only used at the interview. Also what address do you put at the top of the Fiance Letter of Intent. Is it the address of the person who is the American citizen or their Fiance.


For the K-1, the DS forms (whichever will be needed for your particular applicaiton) are used only at the interview....not sent w/ the I-129F. It is the G--325a Biographical form tha is sent in with the initial petition.
The fiancee letter of intent should bear the address of the service center (Cali or Vermont) that based upon the instructions, you'll be sending our petition to. You will have 2 letters both being addressed to USCIS. One letter from you to USCIS, stating your intent to marry your fiancee AND one letter from your fiancee to USCIS.

-P

Edited by Minya's wife, 29 September 2008 - 02:42 PM.

Minya's wifeMaleHungary2008-09-29 14:40:00
K-1 Fiance(e) Visa Process & ProceduresWaiting on NOA2 and going to visit my fiance
QUOTE (honeybear0725 @ Sep 30 2008, 07:49 PM) <{POST_SNAPBACK}>
QUOTE (Lee W @ Oct 1 2008, 03:51 AM) <{POST_SNAPBACK}>
QUOTE (honeybear0725 @ Sep 30 2008, 03:33 PM) <{POST_SNAPBACK}>
Hi everyone. I hope someone can give me some advice.
Me and my fiance have recieved NOA1 a couple months ago. Im visiting him in 2 days and I was wondering if I need to bring copies of all documents for our petition form.

I already got "Employment Certificate" letter and "Certificate of leave" letter from my company. Also I have a resident record of the city Im living and a copy of NOA1 letter.

Is it still better to have copies of all documents for our I-129F ?


Hi,

I just wanted to add that I have visited the US, to see my fiancee on the VWP, and told the officer at immigration that I was to see my fiancee. I believe he asked about the K-1, and I just told him that we were looking to apply for it soon (which was the truth).

He wasn't interested in seeing any information, other than my passport and flight/travel itinerary. I'm sure it comes down to where you enter in the country, and who you get.




Thank you for your add! It totally eased my mind a little.


I have done a lot of thinking and I think I will tell immigration officer that I am here to see my fiance.
It might be a bad idea to volunteer and tell him/her that but I dont feel comfortable about not being honest.


I am going to bring a letter from my company, return ticket ,copy of my resident record and a copy of NOA1 as information.
I will be honest and just have to hope for the best its too late to worry now.
I wish good luck to everyone who are trying to visit their fiance and I will post how thing goes at immigration.

Wish me luck!


Thanks everyone!



Boyfriend or fiancee is truly a matter of semantics as far as CPB is concernced...what term you chose to identify your man with is not their concern. And you're not lying by stating that you're coming to visit your boyfriend....he is that AND your fiancee AND your other half AND the man you're going to marry....you get the picture? On your tourist visa application, yes you needed to put the address where you are staying, and you may very well have had to identify your relationship to the person who'se address you've listed...but again, the term "fiance" is just an identifier. The general advice is to not volunteer too much information at POE, lest it cause you trouble by showing that you have immigrant intent when coming here. This may cause the CPB officer to reject your attempt to enter. Just answer the questions calmly, but without telling them your life story. smile.gif

I would take a copy of your visa petition, but not bring it forth...just keep it in your bag. If the entry questioning goes in that direction, you can produce the paperwork.

Good luck and have a good time seeing your man.

-P
Minya's wifeMaleHungary2008-10-01 09:04:00
K-1 Fiance(e) Visa Process & Proceduresproof of meeting in person
QUOTE (Thai family @ Oct 1 2008, 02:07 AM) <{POST_SNAPBACK}>
The format of my cover letter is of Visa Journey, i would like to keep it without writing a paragraph describing my situation. should i just add an additional page for an explanation with regarding both passports?
______________--

The USCIS requests any explanations of unique situations to attached separately piece of paper, rather than including it in the cover letter. You might want to use an attachment to explain your dual citizenship, which in turn explains your passport situation.

Thai Mom


Just to add to that....is there a record in your Colombian passport that you entered the country on the dates you're saying you were there? If so, I would make copies of your Colombian passport, highlight the date stamps and include them with your explanation and evidence.

-P
Minya's wifeMaleHungary2008-10-01 10:07:00