ForumTitleContentMemberSexCountryDate/Time
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
K-1 Fiance(e) Visa Process & Proceduresdo i need to pay visa application again if i accidentally doubled some letters?
Why would you have to pay the visa fee again, for adding an extra L to your fiancee's last name...you've paid the fee for the chance to interview for a visa. The mistake on a form can be corrected....just do as pushbrk suggested and i think you'll be fine.
BTW, you're the visa beneficiary and your fiance is the USC? The visa is being issued to you so it is more imperative that your name and details be correct, than it is your fiance's. ASFAIK, on the visa (the one that is stamped in your passport) your fiance's name does not appear anywhere.

-P
Minya's wifeMaleHungary2008-10-03 10:57:00
K-1 Fiance(e) Visa Process & ProceduresRFE - circumstances of meeting the beneficiary
QUOTE (Brad Charel @ Oct 6 2008, 12:23 PM) <{POST_SNAPBACK}>
Thanks for the quick replies, i will send in affidavits of my mom, brother, aunt and friends that he had been here to visit us.. we dont have our actual boarding passes but yes the e-ticket has both mine and Brad's name on it..


Sometimes, depending on the airline, they can issue a letter, or a form, attesting that person X and/or person Y (in this case you and your fiancee) were on said flight. You may try that and attach it to the e-ticket, for further proof. I had to do this when i filed our K-1. I needed to keep the originals on-hand in case they were needed, but the airline also wanted the orignial boardning passes for my mileage accrual. They had this option of requesting this 'confirmation' (for a fee, of-course) which i did, and it worked out fine.
Worth a try...

-P
Minya's wifeMaleHungary2008-10-06 12:29:00
K-1 Fiance(e) Visa Process & ProceduresETA
Well depends...because if you're referring to the ETA used here, whenever someone updates their own post, I think its ETA=Edited To Add.


-P
Minya's wifeMaleHungary2008-10-15 11:35:00
K-1 Fiance(e) Visa Process & ProceduresPostponing K1 Process?
QUOTE (Roxyroo @ Oct 17 2008, 09:09 AM) <{POST_SNAPBACK}>
Hi Vjers--

My fiancé and I sent our I-129F packet in July. We have not yet received our NOA2, and a recent visit to the CA Service Center site told us that they are backlogged and so we assume we won't hear anything until Nov-Dec. I live and teach in Bogota, where I will stay until this process is complete.

In the meantime, we have done some thinking. The original plan was for this to take a year, for us to be able to come to the US by summer 2009, so I could begin teaching in Sept 2009. Now that seems like it may not happen (or happen way too close to Sept to be doable).
And, as you may have noticed, the US economy has since tanked, and we are trying to make a smart decision, as he is an immigrant who was planning to study for a new career in the US. We know that we will have a lot of adjustment when we move to the US, and don't want constant $ worries to be one factor.

So, the question! Is there any way to postpone the K-1 visa once we receive the NOA2? Perhaps to enter the US summer of 2010 instead? How on earth do we go about doing that With another year here, we could earn well and save, and be much more comfortable by the time we get to the US...and also just have more time together here.

On a related note, I still want my fiancé to meet my family and friends, and we have discussed traveling to the US this summer. Without a fiancé visa actively in process, are his chances of getting a travel visa zilch? I am mainly afraid (as a Colombian man) that he will have to convince the Consulate that yes, one day next year he might want to live in the US permanently, but he does not plan to do so during this trip. I know how they can be.

Thanks for any help!!


You may have noticed...the world economy is tanking! (OK, that may be too strong a word, but IMO this is global, not US specific.) You want your SO to emigrate to the US, you want to make your life here, but only if the US economy gets? And, you want the US to extend your "invitation" by one and half years? Don't you think that's stretching the "your cake and eating it too" concept a bit?
If you're not ready to emigrate....just withdraw the I-129 petition, and file when you're good and ready. You'll take a loss on the filing fee...but as as you may have noticed, the US economy has ...tanked... whistling.gif

-P
Minya's wifeMaleHungary2008-10-17 10:27:00
K-1 Fiance(e) Visa Process & ProceduresAre pay stubs and a letter from employer enough?
[quote name='Delilah'sMan' date='Mar 10 2008, 11:07 AM' post='1649337']
Is this all our co-sponsor will need to include with the I-134?
[/quo

You also need their 3 recent tax transcripts,letter from employment and paystubs. They might not ask you for some stuff like letter of employment (they didn't ask me for it) but its better to have it and show it if they ask. Good Luck
nellyFemaleMexico2008-03-10 11:21:00
K-1 Fiance(e) Visa Process & ProceduresNew guy with a question
I seriously think that you can do the k1 or k3 on your own! everything is so easy all you kind of have to do is follow directions read and read smile.gif it will save you lots of money, and at the end you and your mate will be so proud that ya'll didnt use a lawyer and did everything on your own. Good Luck and any questions or concerns you have you can post and we can can kind of guide you with the experience that we have..
nellyFemaleMexico2008-03-07 00:29:00
K-1 Fiance(e) Visa Process & ProceduresQuestions for lawyer
QUOTE (LaurenR @ Mar 26 2008, 10:04 PM) <{POST_SNAPBACK}>
OK, the story:
Rodolfo and I met in 2002 in the US, he was here illegally. In 2006 he got arrested for assault and that's when we all found out about his status. He went to ICE and was released on $6,000 bond. The judge recomended that he leave the US voluntary and he did last March.

So... I'm meeting with a lawyer soon to go over our K-1 Visa application and help us out. I am curious what some of you VJers might ask the lawyer if you were in my situation. I am compiling a BIG list of questions and things I want to go over with him. Any suggestions would be greatly appriciated! Thanks smile.gif.

Basically you will have to worry about the waiver and proof of the hardship and burden you will have without him here with you. Ask him if he will be available for a waiver or if he has have any bans. I had to file a waiver myself and it was harder and more stressful than I thought it would be since I thought I was just going to get my visa when I went for my interview. But you should check out this website that helped me a lot like crazy www.immigrate2us.net there will be a lot more people going through the same thing you are, and also there is a very good attorney thats in Texas that specializes in waivers and bans that has a chat on that website every wednesday (I think) and maybe you can sonsult with him as well and see who would be better for you, since you have a little more work on your case. But Good Luck hope everything goes well!!!
nellyFemaleMexico2008-03-26 23:39:00
K-1 Fiance(e) Visa Process & ProceduresFree to marry??
Something we can maybe agree on here, is that a engagement which quickly follows a divorce can be viewed by some consulates as a red flag and raising suspicion for possible fraud. Those that maybe be ffected by this perhaps should take this into consideration as to the timing of the filing.
mybackpagesFemaleMorocco2007-04-07 12:08:00
K-1 Fiance(e) Visa Process & ProceduresFree to marry??
You only need to be free to marry not free to marry in your state. States can set any kind of rule they want to determine who can marry. it doe snot mean you are not free to marry. It only means you are not free to marry in your state. You can marry anywhere else that doe snto have this restrict.
mybackpagesFemaleMorocco2007-04-06 20:48:00
K-1 Fiance(e) Visa Process & Proceduresrelating to work
In general, I would rank it very low or as a non-factor. I suppose some very speciifc government security related jobs in countries where diplomatic relations are near or non-existant might raise some questions or cause some delays wth security checks but that is just speculation on my part.

The only exception I can think of is if your fiance is head of the communist party unsure.gif
mybackpagesFemaleMorocco2007-10-22 20:25:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction
[quote name='kinzaza' post='800397' date='Mar 26 2007, 10:06 AM']See I sort of disagree because I came home form being an Exchange student in June 2002. I graduated high school in my home country in May 2003 and went to Bulgaria to pursue college education in August 2003. In April 2004 I was granted another J-1 visa withought the 2 year restriction and I was in the US already in May 2004, 1 month before the restriction ended. After that I have been granted 2 more visas for the summers of 2005&2006. So respectively not only that I didn't physically stay in my home country but I actually got the visas.....[/quote]
[quote]Yup....dont be confused...I had a 2 yrs HRR because I was an Exchange student for the FSA-FLEX...Freedom Support Act- Future Leaders Exchange Program sponsored by the American Govnt..and i did still get the Visa for Work&Travel Summer Program[/quote]
[quote]
ladywhite said: "With this requirement, during the HRR, you could apply for as many J-1s as you would like to and come to the US (in my case, it'd be as an exchange scholar). You don't have to be physically present in your home country for two straight years. But in order to fullfil your HRR, the accumulation of your presence in your phome country must be 2 full years."
[quote]


This is a good point ladywhite, which made me think of what you said earlier kinzaza. If you had a 2 year HRR in any of your J-1 visas, you will have to at some point fulfill your two years in your home country....if you haven't done so already. As ladywhite said....those J-1's w/ the 2 year HRR are very strict and adjusting status is virtually impossible if you have not met the requirement or if you have not gotten a waiver from your home country. I have friends who were not able to get a waiver at all because of the "highly specialized" training they received while here, and their home country refused to issue the "No object" waiver. They had to go back and stay in their home country 2 years, before coming here again and being eligible to adjust status.

That said, the OP's situation is relatively simple, because his fiancee is almost at the end of ther HRR, and by the time the I-129F gets approved and is at the consular stage, she will have finished w/ ther J-1 visa home stay. (Unless the OP lives in the Vermont Service Center area....since they work so fast, he may want to hold off another month or two before filing.)

-P
Minya's wifeMaleHungary2007-03-26 14:39:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction

I was a former J-1 holder, who is now doing my time in my home country. I departed the US on August 31, 2005, only a few months before your fiancee did. The J-1 restriction is called a "2 year home residency requirement (2 year HRR)" which means you are bound to return to your home country after your graduation (in my case) or whatever you do in the US and are physically present in your home country for a duration of two full years. During this time, you are not allowed (or eligible) to apply for a non-immigrant visa.
...

See I sort of disagree because I came home form being an Exchange student in June 2002. I graduated high school in my home country in May 2003 and went to Bulgaria to pursue college education in August 2003. In April 2004 I was granted another J-1 visa withought the 2 year restriction and I was in the US already in May 2004, 1 month before the restriction ended. After that I have been granted 2 more visas for the summers of 2005&2006. So respectively not only that I didn't physically stay in my home country but I actually got the visas.....


If your J-1 visa does not have the 2 year HRR, then you can receive further visas you are eligible for. I'm confuesed by your post above....did you have a J-1 visa with the 2 year HRR? And you received another J-1 visa while still on the restriction?

It is my understanding that the the 2 yer HRR is placed on those J-1 visa holders that are pursuing studies (usually graduate studies and post-graduate) here in the states that once finished would qualify them as " in high demand" in their home country....or if they receive money from the government to pursue their studies. A lot of times you will see the 2 year HRR on the visas of Medical Students who come to the states to do specialized Fellowhships in their field. Normally an undergraduate student who comes on a summer internship, or summer school does not have the 2 year restriction on their J-1.

-P
Minya's wifeMaleHungary2007-03-26 10:25:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction
I may be wrong in my information, but the J-1 visa 2 year restriction only means that the person cannot leave their home country until the restriction is up. I'm not sure that it would necessarily make one ineligible for a K-1 visa. This whole process takes several months from filing to the visa being issued, so by the time the visa would be issued to your fiancee the two year restriction would be ending, making her eligible for the K-1

You should consult w/ a lawyer for details, but you may be able to file the petition now but your fiancee will have to wait until November (that's when you said the 2 year restriction will end?) until she can be issued the K-1 visa. Just my thoughts...
Minya's wifeMaleHungary2007-03-26 01:38:00
K-1 Fiance(e) Visa Process & ProceduresMY FIANCE HAS NO ADDRESS

I don't have experience with the Ecuadorian postal system, but it can't be worse than the Venzuelan one. Lucy never received anything at her Venezuelan address, nor did she need to. There's no mail delivery to her neighborhood.

The only point in the process where the beneficiary would customarily receive mail is after the case reaches the consulate. The various consulates have their own local procedures, depending on the local conditions and local postal service. The Caracas embassy lets you do everything by e-mail, because they know that the local postal system couldn't possibly work. It looks like the Guayaquil embassy requires that paperwork be mailed from the embassy to the beneficiary, but regardless of what address is listed on the G325a, they'll mail the paperwork to whomever is listed as the agent of choice in the form that you send to the NVC.

You can list your own US address on the choice of agent form, and they'll mail the paperwork to you in the US. Then you can forward the package by DHL, FedEx, or other air courier service. You can ask the courier service to hold the package at their office so your fiancee can pick it up there.

Or, you can list a PO box or other workable Ecuadorian address on the choice of agent form that gets sent to the NVC.


According to the OP's profile, they are applying for a K-1 visa. There is not Agent of Choice for that process, so this does NOT apply to them.

OP, a PO box may be your best option, after which you must notify the agency where your file is located of the address change. If you have already filed, but haven't been approved yet, notify USCIS of the address change (call the 1-800 # listed on your Receipt Notice).
If you've already been approved, but your petition hasn't reached the US Consulate in Equador, call the NVC (Phone# 603-334-0700) and change your address with them.
If the petition is at the Consulate already, get in touch with them via phone/letter/e-mail and change your address that way. Some consulates allow the beneficiary to personally pick up and deliver documents to them....but this is specific to each consulate.
Please read the Guides offered here....as they offer a wealth of information. Tracking your case is key. You may also want to look at the Latin America SubForum for information specific to the process in Equador. Good luck!
-P

Minya's wifeMaleHungary2007-07-28 11:04:00
K-1 Fiance(e) Visa Process & ProceduresWaiver for "2-year rule"?

I just phoned the Embassy and it is only for certain J1 visa holders but never for F1 visa holders! woohoo!


Alternatively, you may want to look a the passport, and see if there is any fine print on the visa itself. If the bearer is subject to the "2 year" rule, it would be on the visa itself.

It looks like you're clear on this regard, but double-check anyways.

Good luck!
-P
Minya's wifeMaleHungary2007-07-28 08:22:00
K-1 Fiance(e) Visa Process & ProceduresWaiver for "2-year rule"?

Hi all,

After almost 2 months of gathering paperwork, I thought we were ready to mail our petition out this week. But then I found out we may have problems regarding the "2-year rule."

My Turkish fiance went to a Turkish university for undergrad, but did his final year at the Univ. of Texas in 2002-2003 as an exchange student on a J-1 visa. Then he went to Canada for 3 years to get his M.S. degree. He returned to Turkey last fall and is just now finishing up his mandatory military service. We were hoping he'd be able to come here on his K-1 visa around November.

Sansal's J-1 visa says "2 year rule applies." Originally, I thought the "2 year rule" meant he couldn't come back to the U.S. for 2 years after doing his exchange year. So he'd be fine. He left the U.S. 4 years ago and hasn't come back.

But I found out yesterday it means he has to return to Turkey for 2 years. He hasn't even been in Turkey for ONE year since being in the U.S., even counting vacations during grad school.

I heard there was some kind of waiver we can file so he can get his K-1 without staying in Turkey another 1+ years. Does anybody know how to file this or where to find out more about it? Have any of you had experience handling a "2-year rule" situation?

Thanks,

Sharon & Sansal

(No timeline, because we haven't filed yet)


Unfortunately, it is true. The 2 year rule is otherwise called a 2 year "home" residency requirement, meaning that the J-1 visa holder, who has this restriction in their visa must return to the country they were residing in when they received said visa.

From this website:

Q: I received J-1 status while I was a citizen of Country A and instead of returning to Country A to fulfill the two-year foreign residency requirement I go to Country B and become a citizen there. Can I return to the U.S. with H status if I remain in Country B for at least two-years?

A: No. The two-year foreign residency requirement must be fulfilled in the country you were residing in at the time you received your J-1 status.

Example:
Sean is a citizen of China and received his J-1 visa while he was residing in China. After his J-1 status was expired, he had to go back to China to complete his two-year foreign residency requirement. Instead of going back to China, Sean went to Canada and became a Canadian citizen. After residing in Canada for two years, Sean wants to return to the U.S. with H status. However, Sean cannot return to the U.S. until he completes his two-year foreign residency requirement in China, since that is his country of permanent residence and was the country he resided in when he received his J-1 status.


Alternatively you may want to look in to obtaining a waiver. More info here:

http://www.hooyou.co.../j1_waiver.html

Good luck!
-P
Minya's wifeMaleHungary2007-07-27 09:23:00
K-1 Fiance(e) Visa Process & ProceduresChanging Attorneys

I am considering getting rid of my current attorney as she is just terrible. Never responds to emails, never returns phone calls, gave me bad information on 2 occasions...

What ramifications are there if you switch attorney's in mid process? (I am waiting for NOA2 at the moment). Has anyone else gone through this before?

Thanks!

(And the reason why I got an attorney in the first place was so I would have someone to call if I had a question and we wanted to make sure there were NO mistakes on our papers...)


Perhaps you can wait until you get your NOA2, track your petition and once it gets to the NVC, fire your attorney. The second half of the process is where the beneficiary "does all the work" anyways (medical exam, gathering of documents, interview) so there's not much need for an attorney at that point. Unless your have some issues which may need the back-up legal advice of an attoreny.
There is no reason why you shouln't be able to switch and/or simply get rid of an existing attoreny. The problem arises when you try to make sure USCIS no longer sends mail to the attorney on record. There have been others who moved during the process and even though they called to have their address changed, mail was still being send to the old address. So MO is wait a little longer until the NOA2. :)

Good luck!
-P
Minya's wifeMaleHungary2007-07-30 18:00:00
K-1 Fiance(e) Visa Process & ProceduresNew to the Forum - New to it all Actually

3. Does every form/paper have to be translated in both languages (Translate into English all forms by a certified translator)


"Any document not in the English language must be accompanied by a certified English translation" is the terminology used throughout the USCIS website. This means the translation must be certified as authentic, not that the translator must be certified.

-P
Minya's wifeMaleHungary2007-07-11 00:24:00
K-1 Fiance(e) Visa Process & ProceduresNew to the Forum - New to it all Actually

I'm pretty sure I have all the paperwork I need put together just need the patience to sit and sort through it all. I am waiting on 2 papers I needed from him: 1. the paper from the church we were engaged in - stating we were engaged in the church 2. his criminal background check.
The Guides will give you a pretty good idea of what forms you need to fill out, and what documentation you need at this stage.

http://www.visajourn...mp;page=k1guide

You will need to fill out, and have your fiance sign the G325A (a form which must be completed in quadruplicate, all w/ original signature at bottom) and the Letter of Intent to Marry. These two pieces must contain your fiancee's original signature.
The church documentation of your engagement can be submitted as supporting evidence, but if the document is not in english, you must submit a translation.
The background check is not needed at this stage of things...he will need that once your petition is approved here by USCIS and is sent to the Embassy/Consulate in Damascus where your fiance will have his visa interview.

Please check out this link as it gives you a flowchart to illustrate the general process:
http://www.visajourn...amp;page=k1flow



I have a ton of questions, although not sure where to start.
1. I was discouraged when I saw that syria was not listed in the statistics page under the countries.
A PM (private message) to Captain Ewok can get Syria added to the list of Embassies Consulates...and as you go along in the process, you can populate that information.

2. Assuming all is submitted properly, whats the avg time from a middle east country.
The process at the Consulate is different for each country. Perhaps if you ask this question in the Middle East/North Africa regional forum, someone can offer more detailed advice. You can also check the website for the US Embassy/Consulate in Damascus, where they may have some more specific info.
http://syria.usembas...rant_visas.html

3. Does every form/paper have to be translated in both languages
If you submit foreign documents to USCIS, they will need english translations. At the consulate, usually documents in english or the local language are accepted, but this may be something that depends on the consulate in question.
4. when providing phone records should they be from both sides (I ask bc as of today's date he has only received our first months bill - the billing cycles are strange over there)
The phone records are proof of "ongoing relationship" and will not be needed until the visa interview....so for now you don't need this, but at the time you do need them, they should be from both sides.
5. Is it true I should have 3 original packages prepared?
The 3 original packages, are for your peace of mind. One copy to send to USCIS, one copy for you to keep, and one copy to send to your fiance.
6. What are NOA's i think you call them?
NOA = Notice of Action (from USCIS) These are the 'receipts' you receive, showing a 'landmark' in your case. The NOA1 will be sent out to you once USCIS officialy receives your petition and gives it a case number. The NOA2 is your petition approval! :)


Good luck!
-P
Minya's wifeMaleHungary2007-07-11 00:14:00
K-1 Fiance(e) Visa Process & Proceduresim going insane
QUOTE (geenees @ Aug 29 2007, 02:44 PM) <{POST_SNAPBACK}>
i went to a lwyers office and told them i wanted to bring my husband home. They explained to me the process. I paid them. I took them 4 months to finally send out my papers. I had to call and ask if they recieved the reciept for my papers at least 50 times.... finally after a huge fight with the lawyer the papers were sent. 2 weeks later I recieved NOA1 for I129f petition for fiance.

I just got off the phone with the lawyer she said I didnt need the I130 .... this is not true ...is it?


QUOTE (fwaguy @ Aug 29 2007, 12:15 PM) <{POST_SNAPBACK}>
You have not answered one question.... did you file a petition for your fiance or husband?




When did you marry? Did you marry in the US or another country? If you are married, then first the I-130 needs to be filed, then once the I-130 is received by USCIS and you get a NOA1 for that, you send in the I-129. This is the process for Spouse.
For fiancee, it is only the I-129. If you lawyer told you that you only need the I-129 for a spousal visa, they are wrong....and perhaps that is why your intial application was denied, because you did not file the I-130 first.

Please read the guides here regarding the types spousal visas, they are quite self-explanatory and you will be ready with information for when you have to prepare a new application.

good luck
-P

Edited by Paula&Minya, 29 August 2007 - 02:54 PM.

Minya's wifeMaleHungary2007-08-29 14:52:00
K-1 Fiance(e) Visa Process & ProceduresFree to marry??

Something we can maybe agree on here, is that a engagement which quickly follows a divorce can be viewed by some consulates as a red flag and raising suspicion for possible fraud. Those that maybe be ffected by this perhaps should take this into consideration as to the timing of the filing.


I agree with you on this. :) At the very least such a thing may garner more questioning at the interview stage than normal. Again this depends on the country/consulate, but as all CO's are looking for signs of possible fraud during the interview(regardless of the beneficiary's country) if they see a petition filed the day after a divorce is final...or worse filed during the "cooling off period", they [the CO] may question the beneficiary more rigorously than otherwise. Definitely something to think about for those that such a situation applies to.
Minya's wifeMaleHungary2007-04-07 12:14:00
K-1 Fiance(e) Visa Process & ProceduresFree to marry??

and as far as the visa is concerned, as long as she is free to marry by the time you get married it shouldn't be a problem. I mean, 90 days is 3 months, I don't know what the k-1 timeframes are like for UK but are you really going to be getting a visa, fly in to the US and marry before her 90 day divorce cooling off peroid is up? Just to be 100% safe I guess I would just wait out the 90 days before filing. Even mailing out the application on the 90th day.


Actually, the I-129f petition states that you must be free to marry, when you file, under the "Who may file?" section. I understand this to mean that you have to be single/divorced when you send off your application to USCIS, i.e. not be in the process of getting divorced. You have to send proof of final divorce decrees, if applicable, with your petition.
Now the waiting to re-marry...it is 30 days....I doubt a K-1 petition will be approved, sent to UK, interview and visa-in-hand...before that 30 days is up, so the OP should be fine in that respect. :)
Minya's wifeMaleHungary2007-04-06 11:29:00
K-1 Fiance(e) Visa Process & ProceduresFree to marry??

I have a small question here regarding the 'free to marry' aspect of the visa.

Both of us are in the process of divorces and we have a question.

As she is in Texas she believes that once divorced that she has to wait 90 days from the date of her final decree before she is able to re-marry.

Does this law still exist? (her parents had to do this 20+ years ago)

Does it mean that if it still exists, that she cannot actually apply for my visa until her 90 days is up?

Thanks


Here are some answers to your question. Remember, Google is your friend! :)

"How long does it take to get divorced?"

After you've filed for divorce, Texas requires a 60 day "cooling off period" before the final divorce decree. If you and your spouse are in agreement, the final decree can be filed on the 61st day. But in practice, it takes two to nine months, roughly.

"When is my divorce final?"

Your divorce is final on the day the Decree of Divorce is signed by the Judge. You may not remarry for 30 days after your Decree is signed due to possible appeals.

I belive this means that after she receives the Divorce Decree, she cannot file the I-129F until after the 30 day waiting period, as the pre-requisite for filing is that both the petitioner and beneficiary be legally free to marry at the time the petition is filed. Someone please correct me if I have this wrong. :unsure:
Source: http://www.fulwilerl...er.php#divorce9
FAQ section has many useful answers to common divorce questions.

Edited by Paula&Minya, 06 April 2007 - 10:39 AM.

Minya's wifeMaleHungary2007-04-06 10:36:00
K-1 Fiance(e) Visa Process & ProceduresI-134 questions
QUOTE (astral @ Sep 28 2007, 09:31 AM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ Sep 28 2007, 08:59 AM) <{POST_SNAPBACK}>
QUOTE (astral @ Sep 28 2007, 06:52 AM) <{POST_SNAPBACK}>
QUOTE (PaulineA @ Sep 28 2007, 08:50 AM) <{POST_SNAPBACK}>
I would say, that it is not legal. Don't you know anyone that can be the co-sponsor, that meets the poverty guidline, without offering them money to do so?


i wish i knew someone, I am pretty much a loner. and my closest family has financial trouble
by the way how do you find out if you meet the poverty guidline?
a lawyer told me I had to be making 22,000$ for the last 3 years with tax records to prove


The lawyer is wrong. If you can provide evidence that your current income is sufficient, then you qualify to sponsor your fiance(e). It's good to provide three years tax returns but not required unless you are self employed. Even then, there may be ways around it.

Start by reading the instructions for the I-134 affidavit of support, then come back with any specific questions. The income requirement depends on how many people are in your household and your State of residence. See here:

http://travel.state..../info_1327.html


happy i came to this forum that goes to show you not to take 1 opinion even if hes considered a professional
so if i just show some pay checks with my charts of hours worked i will qualify?


You still have to show at least one year's tax return. Did you file taxes for this past year. If so, and your income meets at least the 100% guidelines (for the I-134 which is what is needed for the K-1) you should be fine. You will also need a letter from your current employer stating your position, length of time w/ the company and your current salary, and probably some copies of paychecks.
As was suggested, read up on the instructions for filling out the I-134 form....and let us know any specific questions you may have.

Good luck!
-P
Minya's wifeMaleHungary2007-09-28 09:37:00
K-1 Fiance(e) Visa Process & ProceduresEvidence of meeting - passport visa stamp page
If you are using the US birth certificate to prove US citizenship, andusing the passport entry/exit stamp to prove prior meeting only, I would copy all pages of the USC passport (just to avoid an adjudicator thinking they may want to see a copy of the whole passport).

I used my US Passport to prove citizenship, and in the section for "prior meeting" i just included a copy of my passport page showing the entry/exit stamps into my hubby's country (w/ the stamps highlited).

good luck,
-P
Minya's wifeMaleHungary2007-11-07 11:42:00
K-1 Fiance(e) Visa Process & ProceduresHow can I remove or delete my membership from this web site?
Or you could just stop coming to VJ and logging into your account. wink.gif
Minya's wifeMaleHungary2007-11-08 10:29:00
K-1 Fiance(e) Visa Process & Procedurescashed the check
QUOTE (reginaait @ Nov 14 2007, 03:02 PM) <{POST_SNAPBACK}>
Hi
I am so happy because the check yesterday.. finally 43 days later. I realize that they are backed uped, but I am grateful it has been cashed.. what now? does this mean so far they cant reject me??????


Unfortunately they haven't even looked at your petition, to see whether they will approve or reject. That comes much later, after you wait a good few months (about 4-5). For now, they've taken your payment.....made a nice folder with your name, case number and such, and placed the file on the shelf to gather some dust. Did you not know that it is a pre-requisite that files have a 5-7 mm layer of dust on them before they get looked at and adjudicated? wink.gif laughing.gif

Good luck!

-P
Minya's wifeMaleHungary2007-11-14 17:29:00
K-1 Fiance(e) Visa Process & ProceduresCO-SPONSOR PROBLEM...
QUOTE (Nathan_Neren @ Nov 15 2007, 11:12 AM) <{POST_SNAPBACK}>
QUOTE (rebeccajo @ Nov 16 2007, 12:22 AM) <{POST_SNAPBACK}>
When do you anticipate your interview in Manila?



Hopefully by March crying.gif

Anyway, we don't have a problem about the co-sponsor thing anymore bcoz he owns a business and also he found another full time job but he didn't able to include his new job to the 129F form because he just got it. What should we do about the new job??? PLS. HELP...thank you. helpsmilie.gif


Keep paycheck stubs....and be sure to have copies of them for your interview.(This shows current income) If your interview is after the filing of the 2007 income tax, make sure you have a copy of what was filed w/ the IRS.

Good luck,
-P
Minya's wifeMaleHungary2007-11-15 12:16:00
K-1 Fiance(e) Visa Process & ProceduresShe's starting to worry...
QUOTE (thejoz @ Nov 16 2007, 02:33 PM) <{POST_SNAPBACK}>
Okay, so now, my fiancee has started stressing out about whether or not we might be denied...here's what happened.


A while back, she had thought about going to college here. We had researched the F1 Student visa, and we had initially thought about getting married after she had been here a few years, while she was on that Visa, and just adjusting her status then.

She was in fact 'accepted' at the university, but she never paid them any money beyond the application fee, she never set foot on US soil to go to class, never registered for a class, never applied for the F1 Visa, never got any student loans, never had anything like that. She was never technically a student because she never took a class, never set foot in the building, anything.

Once we did more research, we found out it is impossible to legally come here on an F1 and then marry and adjust status. Not only that, but at $20,000+ a year for school, we didn't want that kind of debt hanging over us.

She is now worried that that may cause trouble at the consulate and we might actually be denied because it could raise red flags, IE; they think we're trying to get her in the country simply to attend school.

She doesn't even want to go to school right now, and we were only going to use school as a reason to get married later anyway...before finding out about this option as it was.

What is the chance that this would actually come up and/or prevent her from getting the K1?

We're planning to not bring it up at the interview at all (assuming she even gets that far, we don't have NOA2 yet at this point) but if it did come up just be honest.

Would this really send any red flag to the London consulate or worse the US Government here and cause them to deny her? Given that she never followed up on anything and actually had her name removed from the school's records (she told them she was no longer wanting to attend and they took her out of their system) it shouldn't matter, right? Right?

Please help me ease her mind (and mine but mainly hers).


If she never applied for student visa, why would this be brought up at the consulate, or be a red flag, or cause a denial? The only way she would have to explain anything, would be if she had applied for an F-1 and had been granted or denied said visa. Otherwise they have no way of knowing she applied for admission.
But....as with anything related to getting a visa, never lie. It can come back and bite you in the a$.

-P

Edited by Paula&Minya, 16 November 2007 - 03:46 PM.

Minya's wifeMaleHungary2007-11-16 15:45:00
K-1 Fiance(e) Visa Process & ProceduresPlease help I am being denied
QUOTE (Antonio y Olga @ Nov 20 2007, 05:22 PM) <{POST_SNAPBACK}>
Over two years ago I met this foreing woman while she was in the US, we married and I applied to her legalization, she was granted temporary documents on August 11th 2005, later on I found out she had been cheating on me, fourteen days after August 11th I submitted notice to the Immigration department that she had been playing me all along, from what I know she never obtained her papers.

I filed my fiance who is a decent woman whom I adore and received my NOA1 on July 11th, today I receive in the mail an "intent to deny", my lawyer had filed a waiver, it's been over two years...anyway but they are now asking for a waiver...I am desperate, I'm crying and out of my mind at the moment, any advice would be sincerely welcome...please help


I'm assuming you obtained a legal divorce from your first wife and included copies of that documentation in this second petition?

What exactly does the "intent to deny" state? There should be a reason why the application is being denied. If it has been over two years since you last petitioned for a fiancee, why would your lawyer initially file a waiver as it was not necessary? I'm not sure why they would be asking for another waiver if they already had one filed with the petition.
Your post is a bit confusing. Perhaps if you can be a bit more clear we can assist you better. smile.gif

Good luck,
-P
Minya's wifeMaleHungary2007-11-20 18:32:00
K-1 Fiance(e) Visa Process & ProceduresPossible to change a K-1 to a K-3 in midprocess?
QUOTE (Haole @ Nov 30 2007, 04:37 PM) <{POST_SNAPBACK}>
If you establish residentcy there and marry you can do a CR/DCF if you still can prove domicile in the US.
Normally the fastest and a MUCH better visa.


The OP is not anywhere near being able to have enough residency to be able to file DCF. If memory serves me correctly, for DCF to be an option residency of a few months, at least, is a pre-requisite.
But there may be something in what you're saying as in the case of the OP residing in Italy, the underlying I-130 application would be adjudicated locally at the Rome office, so some time may be saved....should they choose to withdraw the pending K-1 petition and wait to be able to go the DCF route.

-P
Minya's wifeMaleHungary2007-11-30 18:32:00
K-1 Fiance(e) Visa Process & ProceduresK1 or K3?
The OP is also from the Dominican Republic, which may play somewhat into their decision. If I understand correctly, the wait time to interview in the DC is quite long, regardless of the type of visa applying for. That coupled w/ the wait time for approval state side, may be a factor in the decision. The IR/CR1 immigrant visa, w/ the GC upon entry may be the the best choice yet. So a timeline search, filtered by visa type and country, as posted by YuAndDan is a good staring point to get an idea for which option to choose.

Good luck,
-P
Minya's wifeMaleHungary2007-12-10 11:06:00
K-1 Fiance(e) Visa Process & ProceduresHelp with I-129/I-130
QUOTE (Cathy&Antonio @ Dec 11 2007, 03:11 PM) <{POST_SNAPBACK}>
QUOTE (Paula&Minya @ Dec 11 2007, 03:10 PM) <{POST_SNAPBACK}>
Where is your fiancee now?


He's in the US (still illegaly).


You will need to speak with an attorney. I am not certain, but if he entered without inspection, he will not be able to adjust status in the US, based upon marriage to you. Should he then return to his home country a ban may be in place which would prevent re-entry unless he is eligible and secures a waiver.

Regarding your wish to get married...you can be married w/ a foreigner at any time, anywere (provided you meet certain administrative requirements like ID verifications and the like). The important thing is whether your new spouse can have immigration benefits based upon that marriage to you.

-P

Edited by Paula&Minya, 11 December 2007 - 04:23 PM.

Minya's wifeMaleHungary2007-12-11 16:20:00
K-1 Fiance(e) Visa Process & ProceduresHelp with I-129/I-130
Please read the Guides
The I-129f is a fiancee visa, the beneficiary must be a "fiancee" (not spouse) when he enters the US, you then marry here and apply to adjust his status.
The I-130 is filled out if you're married already and you want to bring your spouse(not fiancee) here as an immigrant, meaning he/she will have a greencard upon entering the US.
Given that you have a more complicated situation, perhaps a consultation with a qualified immigration attorney would be in order.
If your fiancee has been deported before, there may be some sort of ban in place preventing him from receiving any kind of visa....or adjusting staus without some sort of a waiver.
I would definitely consult an attorney.

Good luck,
-P
Minya's wifeMaleHungary2007-12-11 16:15:00
K-1 Fiance(e) Visa Process & ProceduresHelp with I-129/I-130
Where is your fiancee now?
Minya's wifeMaleHungary2007-12-11 16:10:00
K-1 Fiance(e) Visa Process & ProceduresAlmost had a BREAKDOWN today...
At this point because you don't even have a NOA1 yet....the letter you just wrote will more than likely be lost and be a wasted effort on your part. When your app. is received and the preliminary data is entred in the system, the NOA1 is generated and mailed. That is when your application starts to exist as far as USCIS is concerned. Once that occurs, and you have a case number you want to make sure to call and have the mistake corrected. If you have written all other information correctly, especially your address, you will receive a NOA1 letter with 2 first names. Then you call the 1800 number and correct your mistake. I'm afraid at this point your best bet is to wait for your NOA1 and be ready to contact them once you get that.

Good luck,
-P
Minya's wifeMaleHungary2007-12-14 00:07:00
K-1 Fiance(e) Visa Process & ProceduresProof of on-going relationship
At the initial application stage (w/ the K1), you do not need to prove ongoing relationship, only that you have met w/in the last two years. (Your submitted evidence should prove that you and your fiancee have met, so plane tickets, itineraries, receipts, passport stamps...these are what you're needing.) Once your petition gets approved here by USCIS, you will gather the ongoing relationship evidence and send it all to your fiancee to use during the interview, which is where they will ask for all that.

Good luck,
-P

Edited by Paula&Minya, 14 December 2007 - 12:59 PM.

Minya's wifeMaleHungary2007-12-14 12:58:00
K-1 Fiance(e) Visa Process & Procedurespayment for K-1 VISA
From the US Embassy/Consulate in Krakow, Poland web-site:
Fees
Except for the nonimigrant visa application fee, all fees are payable at the consular section only. All fees can be paid in U.S. dollars or the equivalent in Polish currency at the Embassy's exchange rate. They are payable in cash or by a credit card (Visa, MasterCard, American Express, Novus/Discover or Diners only) for nationals of E.U. States.


Plese see link here for more info:
US Consulate Krakow

Good luck,
-P

Edited by Paula&Minya, 17 December 2007 - 12:44 PM.

Minya's wifeMaleHungary2007-12-17 12:42:00
K-1 Fiance(e) Visa Process & ProceduresCan i apply for a social security number before getting married in the USA?
QUOTE (al and beth @ Dec 12 2007, 04:49 PM) <{POST_SNAPBACK}>
QUOTE (clod @ Dec 12 2007, 03:28 PM) <{POST_SNAPBACK}>
I came here to the USA a few days ago on a K1 visa and plan to get married at the beginning of January. Can i apply now for a social security number and how do i do that?



Y
es you can apply for your social security # before you got married but you have to go back to Social Security Office after you got married to change your name... You have to bring your I-94 (arrival-departure record attached on your passport) and marriage certificate.



If the fiancee, SS# applicant is a woman, and wishes to change her name. wink.gif
-P

Edited by Paula&Minya, 12 December 2007 - 06:00 PM.

Minya's wifeMaleHungary2007-12-12 17:59:00