ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresHungarian Ambassador coming to my school. Can he help?
QUOTE (BigCityDave @ Feb 5 2008, 10:15 AM) <{POST_SNAPBACK}>
Hey everyone,

Hungarian Ambassador is coming to my University and I could have the chance to meet him. Do you all think he might be a good person to to go for some advice in my case?

Sorry if this is a stupid question.

Dave,

What exactly do you hope the Hungarian Ambassador to the US can do for you? (That's the ambassador that's coming to your university right?) He is the representative of HUNGARY to the USA....I don't think he has much knowledge or expertise in US immigration law governing the issuance of immigrant-intent visas to the US. Your petition is still within the US, since its not yet approved at the USCIS level. There really isn't much anyone can do at this stage, but wait. Given that you've had excellent advice on the completion of your petition, and I'm sure you did a good job with it, I'm fairly positive that your petition will be approved eventually. Your case is well within normal processing times, as of now....there are as yet no "abnormalities" in your situation. I'm not sure that any advice is more helpful at this point than, be patient, wait out the resolution of the petition you've submitted. smile.gif
Your other concerns and worries (w/ your I-134 and income qualifications) will need to be addressed at a later point, when your approved petition makes its way to the US consulate in Budapest. Who knows what your situation will be like in a few months from now? Maybe you'll be able to prevail upon your parents/family to help you out by co-sponsoring, perhaps you will have gotten a raise at work, or even maybe won the lottery. wink.gif It is too much in advance for you to be worrying that your income shortage will cause your fiancee to not get her visa.

Good luck,
-P

Edited by Paula&Minya, 05 February 2008 - 11:51 AM.

Minya's wifeMaleHungary2008-02-05 11:51:00
K-1 Fiance(e) Visa Process & ProceduresMarriage Question
QUOTE (metinil @ Feb 5 2008, 03:19 PM) <{POST_SNAPBACK}>
To add to the question about expiry... Once a K-1 is approved, can you file an EAD and wait until it is approved to enter the US or do you need to be in the country to file it?


As a K-1 visa holder you are eligible to file for EAD, but as it takes about 90 days to receive the darn thing...its not worth it because your I-94 will expire by then, and you'll have to file a whole new set of paperwork based upon your marriage. And no, you cannot file for the EAD, while still in your home country....you need to have entered into the US w/ your visa, in order to be eligile for EAD. What you may try, is to fly here in such a way, so that your POE(Port of Entry) is New York's JFK airport. As far as I know they're the ony airport still stamping the 90 day temporary work authorizations.

Good luck,
-P
Minya's wifeMaleHungary2008-02-05 16:40:00
K-1 Fiance(e) Visa Process & ProceduresAccidently sent just forms, NO EVIDENCE SENT!
Too late to edit by post above. I did misread the thread. Wait for the RFE.
mybackpagesFemaleMorocco2007-04-15 11:39:00
K-1 Fiance(e) Visa Process & ProceduresAccidently sent just forms, NO EVIDENCE SENT!
I hate to be fullof gloom ont his issue, but instead of a RFE for more information, the case may be denied for lack of evidence and you would have to refile (and repay?). Wouldn;t it be worth a call to USCIS to see if you could send the info in? Normally I would agree with all who said it is better to wait for a RFE becase you info may never make it to your file. In this case I would hate the adjudicator to just deny because it fails to meet the standard of proof.
mybackpagesFemaleMorocco2007-04-15 11:25:00
K-1 Fiance(e) Visa Process & ProceduresHelp:- Birth certificate without my name on it

Hi everyone,
I am from India and I have applied for Fiance visa. I am preparing documents for my visa interview so I went to municipal corporation last week to obtain my own birth certificate. I got the certificate and its perfect except one silly thing that it doesnt have my name on it. The reason behind this is that I didnt have name for a month after my birth. That's the way it goes in India. Names are given to the babies after 1 to 3 months. I argued a lot with the guy who issued me certificate but he didnt listen, I tried telling him that now I have name and you should include it on the certificate otherwise how is it proved that the certificate belongs to me?? He said it has the names of your parents, birth city place and date on it , and your surname is same as written on birth certificate(My Parents full name) so that tells its your birth certificate
I wonder if US consulate will accept this certificate without my name on it. does any of you have a clue? I hope I am not the only person with this weird problem.
Thank you in advance :help:





E-mail or call the consulate to get verification on what you can do. I don't know the answer, but I would assume the US Consulte would not accept the nameless birth certificate unless it was accompanied by some additional document.



Sometimes people do not hve birth certificates and there are alternative ways to prove your birth and identification.If it is as common as you say, this is likely not the first the consulate has had to address this problem. Surely they can give you an answer to ease your mind



Good luck!

Edited by mybackpages, 08 October 2006 - 08:10 AM.

mybackpagesFemaleMorocco2006-10-08 08:08:00
K-1 Fiance(e) Visa Process & Proceduresrelatives in love?

hi guys!i am here again wishing that my question would be answered.i am asking in behalf of my cousin who is a US citizen. the story began when two years ago he fell in love with her nephew his niece, daughter of her his cousin. now he's planning to file a Fiance visa for her nephew his niece since they are in loved with each other. the problem is they have the same middle name.do you think immigration would question that?is it advisable for them to undergo fiance visa or does my cousin would have better chance if he'll marry her girlfriend in the Philippines?thanks in advance.im looking forward to your responses.have a pleasant day to all!!!!


If as you say this is your cousin who wants to marry his niece....isn't she also your niece? Or is this the other side of the family?

I've attempted to correct the first part of your post to make it more understandable. The answer to the initial question posed by the OP depends on what grade the familial relationship is, 1st or 2nd cousins. Yes, your cousin check w/ the state you live in to see what are the rules governing marriage w/in families.
The part in blue, is not clear at all. Whose girlfriend would he marry, does he have another girl also? Or are you saying would he have better luck at getting a visa if he marries his niece in the Phillipines and tries to get a spousal visa for her? I don't know the specific answer to that, but I'm sure there are rules in the Phillipines also governing marriage between family members, which may or may not be more strict that those in the US state your cousin lives in. A little more research on your particular case needs to be done. You may also want to consult a qualified immigration attorney, if you feel you need further clarification.


Good luck.

Edited by Paula&Minya, 08 May 2007 - 12:06 AM.

Minya's wifeMaleHungary2007-05-08 00:04:00
K-1 Fiance(e) Visa Process & ProceduresFiling I129F while fiancee in the US

Dear all,
Here is my case and my interrogations.
Our intention with my boyfriend is to apply for a I-129F package. We have planned to send out the application while I’m in the US visiting my boyfriend as a visitor under visa waiver program.
I’ll stay only one month in the US and go back to my country after this period (some people have to work!).

1.I understand that many couples file the I-129F while the fiance(e) is in the US but does the process is slower than normal?
2.Do you know if the USCIS is waiting for the departure of the foreign fiance(e) to proceed?
3.We just want to start the process as soon as possible but if sending out the document bring us in more trouble, perhaps we should wait until I get back home to send everything out? (that means one month later!?!?)

4.I also have a question concerning the translation of my divorce decree. Do they require only the final judgement saying that I get divorced on XXX date or are they also requiring the paper showing what my ex husband get and what I also get from this previous marriage?

Thanks for your help and assistance.
Caroline.


1. Where did you 'understand' this information from? Filing while your are here visiting your fiance has no bearing on how long the process takes. You just have to be in your home country for the day your interview is scheduled.
2. No, USCIS will proceed w/ your application when they receive it in the mail....meaning they will issue your NOA1, and then depending which service center will process your case, you are either in for an excruciatingly long wait of almost 3 months(California) or about 1 month (Vermont).
3. Start the process when you're ready, when you have all your paperwork gathered and you're ready to file.
4. Only the final judgment is required, showing the date your divorce was finalized.

Good luck!

-P
Minya's wifeMaleHungary2007-05-04 19:35:00
K-1 Fiance(e) Visa Process & ProceduresHow to get a waiver on clause 18 of form I-129F
What is it that prevents you from going to visit your intended in his/her home country? There is no problem w/ it being an arranged marriage, you just have to declare it under the IMBRA laws (I think) but USCIS will deny your petition from the start if you do not meet the having met w/ in the past two years requirement. A waiver is very rarely granted.

-P
Minya's wifeMaleHungary2007-05-07 14:27:00
K-1 Fiance(e) Visa Process & ProceduresHELP - I need to change my fiancee visa to spuse visa


...
anyway, cant the OP get annulled and still do the k-1 interview??? if its annulled, its not a divorse and i dont remember them asking about annulled marriages, just divorses. it was a thought i had guys. i could be wrong.
ITS NOT ADVICE IT WAS A THOUGHT (to the OP)


I think the OP is got married in the Phillipines (I didn't scoll back to the first page, but I think PI is the country of the fiancee). I believe PI's laws regarding divorce and annulment are quite strict due to the country being overwhelmingly Catholic. An annulment may take as long as a divorce. I think I remember reading that in the PI annulment is almost unheard of, that is why most get a divorce which takes a long time to be granted. Maybe someone who has knowledge of annulment laws in the PI can give a better response.

-P


You can't get a divorce in the Philippines. Yes, anullments take a very long time and a great deal of money and would most likely not be granted on these grounds.


So its a divorce that isn't granted in the Phillipines, but an annulment yes? I know that this has something to do w/ the Catholic church's laws on marriage and the dissolution thereof, but I didn't quite remember what those were. Thanks for clearing it up. :)

-P
Minya's wifeMaleHungary2007-05-10 09:35:00
K-1 Fiance(e) Visa Process & ProceduresHELP - I need to change my fiancee visa to spuse visa

Sharon Austin, bad advice and now hiding the fact that you almost screwed up someones life so your going to crouch down and hide from it. geez


anyway, cant the OP get annulled and still do the k-1 interview??? if its annulled, its not a divorse and i dont remember them asking about annulled marriages, just divorses. it was a thought i had guys. i could be wrong.


ITS NOT ADVICE IT WAS A THOUGHT (to the OP)



I think the OP is got married in the Phillipines (I didn't scoll back to the first page, but I think PI is the country of the fiancee). I believe PI's laws regarding divorce and annulment are quite strict due to the country being overwhelmingly Catholic. An annulment may take as long as a divorce. I think I remember reading that in the PI annulment is almost unheard of, that is why most get a divorce which takes a long time to be granted. Maybe someone who has knowledge of annulment laws in the PI can give a better response.

-P
Minya's wifeMaleHungary2007-05-10 08:36:00
K-1 Fiance(e) Visa Process & ProceduresHELP - I need to change my fiancee visa to spuse visa

I NEVER said to commit fraud... I said EXPLAIN to them what was their reason. Maybe by being honest they find a "good" lady/gent that will accept the explanation as GOOD and VALID.


That could be, but the application filled out originally, and approved by USCIS (the I-129F) differs from the one that the person would be filling out for for a spouse (the I-130). One is petition for Alien Fiance(e) and the other is petiton for Alien Relative. The consulate cannot issue a spousal visa, without a USCIS approved spousal visa petition, which in this case is not existent. So yes, they could attend the interview and explain the situation....and even the "bestest" lady/gent holding the interview would have to refuse :no: their visa petiton with instructions to go home, file the I-130 and start all over. :( There is no way around this, as far as I know. If you marry outside the US before being issued a K-1 fiancee visa, you in effect nullify the fiancee visa petition and must start all over by petitioning your newly aquired(by marriage) alien relative.

-P
Minya's wifeMaleHungary2007-05-09 09:51:00
K-1 Fiance(e) Visa Process & ProceduresHELP - I need to change my fiancee visa to spuse visa
You must now start all over, send in a spousal visa application....wait the time it takes for USCIS to approve it, get a new interview date and to get that visa.
Once you married you nullified your fiancee visa application, and you must now go through the process all over again for your now wife to be granted a spousal visa.

Good luck!
Minya's wifeMaleHungary2007-05-08 23:18:00
K-1 Fiance(e) Visa Process & ProceduresOfficial NOA1

You sure the attorney does not have it?



I emailed my attorney and he doesn't have it.

reach449


Perhaps you may try the customer svc number for USCIS, to verify that they have the correct address for you on file. If you have a case number, then your petition has been entered in the system and theoretically a NOA1 has been mailed to you. So....either it is lost in the mail, or your address was entered incorrectly. Try 1-800-375-5283
Someone correct me if I'm wrong, but the NOA1 is not essential to have as long as you have your case #, but if you did not receive yours because of an address mistake, you need to have that corrected, because it may impede receipt of your NOA2, and that you will need, in order to send a copy of it to your fiancee for the interview..

Good luck!


Thanks for you advice. I have been thinking of calling the USCIS, but I didn't really want to deal with them. :wacko: I might call my attorney again and make sure he doesn't have the NOA1. I know my address is correct, because I have reviewed the copies I sent. I have noticed some people here on VJ never get an official notification. But this has just been a small thorn in my side that I would like pulled out. :-)

reach449


Just because your address is correct on the petition, does not mean that it is correct in the USCIS system. Human error.
If your lawyer is responsible and reliable he would have no reason to lie to you about possession of the NOA1, it is nothing more than a hard copy acknowledgment from USCIS that they have your petition and are processing it. Good luck! :)

-P
Minya's wifeMaleHungary2007-05-04 23:53:00
K-1 Fiance(e) Visa Process & ProceduresOfficial NOA1

You sure the attorney does not have it?



I emailed my attorney and he doesn't have it.

reach449


Perhaps you may try the customer svc number for USCIS, to verify that they have the correct address for you on file. If you have a case number, then your petition has been entered in the system and theoretically a NOA1 has been mailed to you. So....either it is lost in the mail, or your address was entered incorrectly. Try 1-800-375-5283
Someone correct me if I'm wrong, but the NOA1 is not essential to have as long as you have your case #, but if you did not receive yours because of an address mistake, you need to have that corrected, because it may impede receipt of your NOA2, and that you will need, in order to send a copy of it to your fiancee for the interview..

Good luck!
Minya's wifeMaleHungary2007-05-04 23:39:00
K-1 Fiance(e) Visa Process & ProceduresGetting started questions
Ooops, maybe I misunderstood the question?! Yeah it doesn't matter when it was that you 'first' met, but to file the I-129F it is required that you have met (seen) each other at least once w/in the two years before filing the petition.

Its way too late for me...brain no process anymore. :wacko:

-P
Minya's wifeMaleHungary2007-05-12 01:09:00
K-1 Fiance(e) Visa Process & ProceduresGetting started questions

The forms specify that we should have met each other within two years of filing an 129-F Petition, but we met almost three years ago. I can't imagine more time than necessary would be a problem, but the language used made me wonder if we had to have met no more than 2 years before filing the petition.
Can anyone clarify?

Also on the G325A form they ask for the Alien Registration number, but my fiancee clearly doesn't have one yet - should we just leave it blank?

thanks.


You have to have met w/in two years of filing the petition.....and yes, you will be denied if you met 3 years ago and you file now. The meeting has to be w/in two years of filing and they are pretty strict on this point. Waivers are rarely granted for this...and even then only if there is an extreme hardship (i.e. cultural precedent stating that you cannot meet your fiancee face to face, or if there is a serious illness). I wouldn't waste the filing fee....buy a ticket go meet your fiancee again, make sure you take lots of photos....document your visit with receipts from places you visit, keep your boarding passes and file after your return.

G325A --I believe if your fiancee does not have an alien number, you are to put N/A or None....you should never leave anything blank on these forms.

Good luck!

-P
Minya's wifeMaleHungary2007-05-12 00:57:00
K-1 Fiance(e) Visa Process & ProceduresMILITARY PETITIONER
Doesn't look like the fiance will be deployed w/in the next couple of months if they're planning to be together in the Phillipines in August....unless he is being deployed after August?

-P
Minya's wifeMaleHungary2007-05-11 13:22:00
K-1 Fiance(e) Visa Process & Proceduressilly question
NOA = Notice of Action

The letter you have, should have "I=797, Notice of Action" in the upper right hand corner. If so, this is your 1st NOA(NOA1). Your 2nd letter, when you get it, will also have "I-797 Notice of Action" in the upper right hand corner and it will be your petition approval(NOA2). (If you get an RFE(Request for Further Evidence, during the approval process, that will be a separate letter, and it is commonly refered to as RFE.) :)

-P

Edited by Paula&Minya, 12 May 2007 - 12:08 PM.

Minya's wifeMaleHungary2007-05-12 12:06:00
K-1 Fiance(e) Visa Process & ProceduresFiance abroad on F1,need to file K1 in usa

Does he already have the visa to come here in March 2008? If so, then there is no point in applying for the K1 as it will probably take that long (or even longer if you wait until fall) for the K1 visa to be issued. Once he is in the U.S., he doesn't really have a need for the K1 visa.


Yes he really does have a need for the K-1 visa, because many J1's have a 2 year home stay requirement, which means you cannot avoid having to go back to home country, and can't adjust status here. Or rather it is not simple....a waiver is necessary, and sometimes those are not granted, it just becomes a headache.

OP, you're a little ahead in your planning ;)...but the fact that your fiance is studying overseas does not impede the getting of the K-1 visa. Only be aware that he will have to fly back home to gather the necessary paperwork, and attend the interview.)

Good luck.
-P
Minya's wifeMaleHungary2007-05-16 14:50:00
K-1 Fiance(e) Visa Process & ProceduresShould my South Korean fiancee and I cancel our K-1 visa application to use an F-1 student visa instead?

My fiancee studied with a K-1 visa in the US for 4 years and graduated recently. Our K-1 visa application was recieved by USCIS in Vermont on April 30th. We recieved our first notice of approval last week. Now we are uncertain whether it was wise to file the K-1 application. This is because we wish to be married in Korea on June 6 and return to America on June 19th (to be wed in August)--considering that the K-1 process takes a long time. Will cancelling the K-1 application help us now? Will the USCIS record with the filing of a K-1 visa ruin her chances to return with me to the US on an F-1 student visa for more classes and eventual marriage? We know our options are very limited--so what is the best plan for us now?

Minya's wifeMaleHungary2007-05-16 01:07:00
K-1 Fiance(e) Visa Process & ProceduresPassport question
You will not have an american passport until you become a US citizen. You will use your Australian passport to travel to the States. Your K-1 visa will be stamped in your Australian passport.

-P

Edited by Paula&Minya, 18 May 2007 - 12:32 AM.

Minya's wifeMaleHungary2007-05-18 00:31:00
K-1 Fiance(e) Visa Process & ProceduresWhat if we can't meet financial requirements?

Paula&Minya -

The OP's history and looks, ah, remind me of someone that is a member of another board that I am also on. (Completely non-visa related.) So I'm a little freaked out myself.


Yeah...I wanted to name it as "troll-ish" behavior, but I don't want to jump the gun....so I put the inconsistencies out there, see what others think. It just doesn't add up. :unsure:

-P
Minya's wifeMaleHungary2007-05-19 09:37:00
K-1 Fiance(e) Visa Process & ProceduresWhat if we can't meet financial requirements?
I've read and re-read this thread, and something just doesn't sound right. :unsure: The OP doesn't have a college, or even a high school degree, yet her spelling and grammar is impeccable?! Not only that but her vocabulary (word choices) is such that its difficult for me to believe that she works at Taco Hell and hasn't been able to find any better employment. Depression aside, she sounds remarkably 'put-together' in her various posts. :whistle: Just by the virtue of the posts I would say the OP would pass the verbal section of the GED test w/ flying colors.

OP, in the original post you directed people to "search username Iruparazzo on YouTube to see some video of us together". Well I did that....and again an inconsistency. There are videos there showing you working at Arby's not Taco Bell....so which fast food joint is it? Also, I see that both you and SO look very young. I would venture to say you are both under your 'mid twenties' in age. You both definitely have time to adjust the impediments in you life that prevent you from sponsoring each other in the immigration process.

If the biggest difficulty you have, to moving forward is depression....you would need professional help for that. A public forum can offer you some emotional support but it is certainly NO substitute for a consultation w/ a qualified health care professional. Jus MHO....

-P

Edited by Paula&Minya, 19 May 2007 - 09:06 AM.

Minya's wifeMaleHungary2007-05-19 09:06:00
K-1 Fiance(e) Visa Process & ProceduresBad credit question

Well here goes... I am in the process of applying for a K1 Visa to allow me to enter the US to marry my fiancé. I am making payments to my car through a finance company on a 5 year deal. So far I’m into my 4th year of payments but now seeing as I’m planning to move country I may need to make arrangements for them to repossess the car as I cannot realistically take it with me. I guess this will totally mess up my credit so I was wondering whether this would have any bearing on my Visa application?

Any info would be much appreciated

Paul


Why not try to sell the car...or perhaps you can 'sell' it to someone who has bad credit, can't get a car-loan otherwise, but is willing to take over payments for your car. As others have said....if possible I wouldn't 'make arrangements' to have the car repossessed....as you never know when your left behind bad credit may bite you in the butt. That said....personal credit situation has no bearing on your visa application. (i.e. they don't check your credit as a condition of issuing you a visa)

Good luck!

-P
Minya's wifeMaleHungary2007-05-21 13:18:00
K-1 Fiance(e) Visa Process & ProceduresCalling USCIS as the beneficiary?

Not only should you probably not be calling because you're the beneficiary, you shouldn't be getting into ANY habit like lying! Just like you're not supposed to be filling out papers, or saying anything during your interview that is in anyway a lie, why would you think it's okay to phone the information line and lie?

You have no idea whether you've received an RFE, or any NOA. You were touched. Period.

I know you're anxious, but patience is a virtue!

Good luck during the rest of your journey.

Carla (F)


It is not lying to call USCIS after repeated "touches" but no updated to the case status, at least not w/ what's been hapenning these last couple of weeks w/ the online status updates. Many February k-1 filers started seeing repeated touches but no updates. The worry is very real in thinking that an RFE was issued. This "slowdown" in case status updates online is coupled w/ many people just not receiving paper NOA's...there is some sort of backlog going on at CSC or their online notification system has a bug. Calling the 1-800 # and stating that you fear you got an RFE, you don't know what's going on, in not lying in this case. That is what some of us have done, only to find out that we were approved....but no notification send at all, e-mail or snail-mail. By the time some of us received snail mail NOA2, their petition had already cleared NVC and was on the way to the consulate. :)

-P
Minya's wifeMaleHungary2007-05-24 09:49:00
K-1 Fiance(e) Visa Process & ProceduresCan we get married at our wedding? (i think we're too late on the whole visa process)

Ok.. yeah.. it was sent to the Department of State. So, officially, they got the "no objection" letter before they received his actual application. Will this be a problem? Are they smart enough to file things correctly?

As for Plan B, I don't understand how they could turn him away if he's on a tourist visa. Is that legal? Where is it written that you cannot come to the US as a tourist when you're applying for a K1? I remember having read online no such restrictions.

He was advised by his embassy that it takes approximately 6 weeks for the Dept. of State to approve a J1 waiver once they receive everything. I don't understand why everyone thinks it's going to take a really long time. Was his embassy lying to him?

Gail


Unfortunately, that can be a problem....sometimes 'they' are not smart enough to file things correctly, if they are not received in the order that the instructions state. This can cause unnecessary delays only frustrating the applicant (you and your fiancee). That is why I asked what step you were at in the process? I'm assuming you completed step one, which was filling out the Data Sheet, attaching the self addressed envelopes and the correct amount of payment....then sending the whole packet to the Department of State at address listed. Was this the envelope that was returned to you for lack of postage?
Once this initial info is sent....the applicant is to wait for a letter acknowledging receipt of the application (this will have a case number to identify the application) and further instructions from the Dept. of State.
These instructions detail what evidence to send in (i.e. the "no objection letter")
But if you sent the letter in without having received your case number, the two pieces (your application for waiver and the "no objection" letter) run the risk of bypassing each other....in effect causing a delay.

Some people w/ valid tourist visas have been turned away at the Port of Entry (the US airport they arrived at) while they were in the K-1 process and came to visit their US citizen fiance(e). It all comes down to being able to prove sufficient ties to the home country. So if he does come to visit he should make sure he has documentation proving sufficient ties to his home country (i.e letter from employer stating dates and duration of said vacation, ownership of property documents, etc.). Its not meant to discourage you from trying to visit....just information, for reference.

Usually w/ the K-1 process, one of the best pieces advice is not to make any firm wedding plans until the visa is in your hands. So many things can happen to delay things....and as expensive as weddings are it can be a huge disappointment if on the day of the wedding the groom is missing because he has no visa. There have been stories here on VJ where weddings had to be canceled (money lost) last minute because the visa had not yet been granted to the groom.

Once again, good luck....I do hope all works out in time for your wedding.

-P
Minya's wifeMaleHungary2007-05-13 21:15:00
K-1 Fiance(e) Visa Process & ProceduresCan we get married at our wedding? (i think we're too late on the whole visa process)

Your questions help a lot.

I guess I don't fully understand what's happening on his side, but:
I believe that the Embassy in Portugal sent the "no objection" letter to the USCIS in March ... but my fiancee's application was returned to him because of insufficient postage in March. He resent his application and they are registering it as of May 7th.

So, the "no objection" should be sitting at USCIS, but we do not see its status online. So, how long does the J-1 waiver process take? Can he call them to make sure they got the "no objection" from the Lisbon embassy?

thanks,
Gail


Gail,

The J-1 waiver would be sent to to the Department of State not USCIS. Attached is the procedure for acquiring a waiver to the two year home stay requirement on the J-1. Where are you in this process (what step)? If you do not have the waiver granted, by the time your interview occurs, for the K-1 visa, your fiance will NOT be granted the fiance visa.

Your initial Plan B will probably be what you have to do, though he may encounter some difficulty coming to visit for the purposes of the "mock" wedding. There have been cases where visitors have been turned away at POE when they were coming to visit their fiancee....some encounter no problems at all, but others yes. So its a crapshoot of sorts.

Hope everything works out.

-P

The J waiver procedure has four steps.

STEP 1: Applicants must first complete a Data Sheet. They must then forward that Data Sheet along with two self-addressed, stamped, legal-sized envelopes and a check or money order for $230 U.S. dollars per application payable to the U.S. Department of State to:

Via US Postal Service:

US Department of State/Waiver Review Division
P.O. Box 952137
St. Louis, MO 63195-2137

Courier Service:

US Department of State/Waiver Review Division
Box 952137
1005 Convention Plaza
St. Louis, MO 63101-1200

Please write on the check or money order applicant's full name, date of birth and social security number, if any. Also, remittances must be drawn on a bank or other institution located in the U.S., and made payable in U.S. currency to the U.S. Department of State. In addition, if the applicant outside of the U.S. at the time of application, remittance may be made by bank international money order of foreign draft drawn on an institution in the U.S. and made payable to the U.S. Department of State in U.S. currency. Back to top.

STEP 2: Once the Waiver Review Division has received applicant's Data Sheet, they will use the self-addressed, stamped, legal-sized envelope to send a case number and instruction sheet on how to proceed with the application under the basis designated on the Date Sheet. This information will include a list of documents that applicant must submit to complete the waiver review application. After receiving the case number, the applicant must write the full case number on any documentation submitted as well as on the outside envelop of all future correspondence with the Waiver Review Division. If the case number is not written on all correspondence and the envelope, documents submitted will be returned to applicant. Back to top.

STEP 3: Once the Waiver Review Office has sent applicant the checklist of items necessary to complete review of the application (see Step 2, above), the Office will NOT follow up on documents not received. Rather, the applicant or his/her representative must ensure that the file in complete. The status of applications may be checked ONLY online or by calling (202) 663-1600. To obtain case status, an applicant must provide his/her full case number.

The applicant should submit all requested documents at the same time. Some letters (such as a "No Objection statement from the applicant's government) must be submitted directly to the Waiver Review Division by the Embassy. In such case, the applicant must request that the Embassy write the full case number on the "No Objection" statement and also on the outside of the envelope to be sent to the Waiver Review Division. If the third party agrees, an applicant may have all documents forwarded to the Waiver Review Division via that third party. However, ALL documents sent to the Waiver Review Division must have the file number clearly visible on them, as well as on the outside of the envelope in which they are submitted, or they will be returned to the applicant. Back to top.

STEP 4: At the end of the review process, the Waiver Review Division will forward its recommendation directly to the Immigration and Naturalization Service (INS), and the applicant will receive a copy of that recommendation at the address listed on the Data Sheet. If the application is denied, applicant will be notified directly. Back to top.

Note that the above information is general in nature and may not take into account the complexities of each case, as each J Waiver case is different. Therefore, it is not meant to serve as a specific guide for the J Waiver process, but rather, is meant to provide general guidelines concerning a J Waiver.[/i]

Edited by Paula&Minya, 13 May 2007 - 04:25 PM.

Minya's wifeMaleHungary2007-05-13 16:24:00
K-1 Fiance(e) Visa Process & ProceduresGot any ideas on this one?
Just going one step further here, but wouldn't the back child support issue come up during the I-129F adjudication process? If not at USCIS, but perhapst ad the NVC? And if the issue comes up somewhere in the process....the petition/visa may be denied due to that. (I mean the financial status of the petitioner is brought up at the consulate stage because of the I-134, where child support obligations are reflected in on the IRS tax forms at least.)


-P
Minya's wifeMaleHungary2007-05-30 15:19:00
K-1 Fiance(e) Visa Process & ProceduresI need help...

I have heard on the news that the US may abrogate visas for Bulgarians by the end of 2007....This means that bulgarians will travel visa free to the US....Do you think I will be able to go to the US then even I have overstayed before ? :unsure:


The addition of more countries to the Visa Waiver Program(VWP) is still under consideration. I doubt there will be anything concrete decided by the end of this year. Regardless, because you will not be able to come to the US on the VWP. It looks like your overstay precludes you, as you're subject to a 10 year ban for having overstayed so long (3+ years?). Getting a new passport (saw that you posted that in your other thread....which is almost a year old), trying for a fiancee visa or any other type of visa, will not overcome the fact that you are banned from entering this country for now. Only a waiver will help...and even that is not guaranteed.

Edited by Paula&Minya, 20 May 2007 - 08:50 AM.

Minya's wifeMaleHungary2007-05-20 08:49:00
K-1 Fiance(e) Visa Process & ProceduresConfederacy of the Dunces

Wow so it's NORMAL to get RFEs for Es already submitted??? And I thought I had read through enough of these forums ... I guess not!!

Do you think it is worth my contacting the 800 number and referring to the evidence already submitted; just go ahead and submitting the evidence (again); submit the evidence and then some; or all of the above?

I feel SO much better now. Damn I really wish I could buy you all beers!! :thumbs:


You have to send a response to the RFE, no way around that. Calling the 800 number at this point will get you a person who will tell you the same thing, and it will be an exercise in futility. Your adjudicator (incompetent as he/she may be) has requested evidence....and that has been noted electronically in your 'file'. This means processing on your case has stopped and USCIS is waiting on you to respond. The only way to get to the next step is to send the evidence they're requesting (as stupid as it sounds since you've already included it) and wait for them to resume processing your case. The good news is that approval is usually forthcoming relatively quickly after you mail in your RFE response. Don't even think that this is a 3 month delay, I doubt that. I've seen a few weeks delay for RFE's but not as much as 3 months.

I'll take a Heineken, if you please! :D

-P
Minya's wifeMaleHungary2007-05-28 23:04:00
K-1 Fiance(e) Visa Process & ProceduresConfederacy of the Dunces
Many people get RFE's for 'evidence' already submitted in the original filing. Just copy your "Evidence of Having Met w/in the last 2 years" section all over again, and mail it in. Many have done the same thing. In most cases approval of the petition comes shortly after USCIS acknowledges receipt of your RFE response. Its not as bad as you think....chin up, you'll probably have your approval in short order. :thumbs: :)
Good luck!

-P
Minya's wifeMaleHungary2007-05-28 22:46:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about getting documents notarized

I recently spoke with a lawyer about submitting the petition for a K-1. She told me to go all-out as far as getting things notarized--everything from copies of receipts to letters of intent. This seems excessive to me, so I would like some feedback from other US citizen petitioners regarding what forms they got notarized, if any. Thanks in advance.



The only things that need to be notarized are the I-134 (Affidavit of Support) and the certification of any foreign document translations (if applicable). And these things are not necessary until your petiton is approved by USCIS, and gets forwarded to the Consulate. So in short, based on what you say, the lawyer doesn't know what he/she's talking about. :wacko:

-P
Minya's wifeMaleHungary2007-05-30 15:23:00
K-1 Fiance(e) Visa Process & ProceduresDelicate (and confusing) situation...

Hi everyone,

I am a US citizen how is engaged to a Hungarian citizen. Pretty easy so far, lol. He is in the United States already as an F-1 college student. We are planning on getting married next year on May 31 (which, as it turns out, is the day that his visa will expire). Now it gets complicated.

I have been emailing the US embassy in Hungary and they told me that he will not need a K-1 visa to get married since he is already here, and that we will need to file the I-485 form after the marriage. My question is: can he stay in the US while we are waiting for all of that to be processed? He wants to continue to go to school here that fall, so it would be nice if he didn't have to go back to Hungary, but sometimes the immigration services arent very nice :whistle:

So if anyone is in this situation, or has any insight at all for us, I would aprreciate it. Thanks a lot!

-Sarah


Hi Sarah,

If he is already here, on a valid visa what the consulate told you was accurate. You can marry (you may want to do it before his visa expires) and apply for Adjustment of Status. Since he was on a studen visa, and his intention was not to fall in love and marry, you should be able to adjust status w/ no problem, and he can stay (in fact he should not leave the country unless he gets Advance Parole) while the AOS is in process.

Good luck! Sok Szerencset! :)

-P
Minya's wifeMaleHungary2007-05-31 16:36:00
K-1 Fiance(e) Visa Process & ProceduresDo I have enough evidence to file k-1 forms?
I think its important to consider that the K-1 visa process is two-fold and the evidence to be presented at each stage is important for that stage of the process.
One is the USCIS where you are only required to prove two things:
1. That you met w/in two years before filing
2. That you both are free to marry and intend to do so.
At this stage, your evidence should be geared towards proving these two facts only. Given the massive volume of applications (all types, not just K-1) received at the various service centers, the adjudicators processing these applications are looking at the at the facts as they prove the case at hand. TimsDaisy is right....additional evidence will not help you at this stage. We cannot say for certain whether it will hurt....but definitely it will not help to prove 1 & 2 above, which is all you need to prove for the I-129F to be approved by USCIS.
The second stage, is at the consulate where the beneficiary presents "evidence" and is interviewed for the visa. This is where the proof of ongoing relationship is important....and depending on the consulate, it can make or break an application.

There are many ways to do things....and everyone offers advice. The OP can pick and choose what advice to follow. That said, the above is my opinion, and how I chose to view the process. So far it has worked, I'm approved at stage one of the game, working on stage two now. :)

OP, Good luck w/ your petition!

-P
Minya's wifeMaleHungary2007-06-04 22:09:00
K-1 Fiance(e) Visa Process & Procedurestimeline question
Packet 3 is received by your fiancee once your USCIS approved petition reaches his/her consulate. It is a set of instruction on what documents are needed for the interview and where to go to have the medical examination done. (It is basically a checklist in which your fiancee checks off each item that has been gathered. Once all documents are ready, the checklist is signed and sent back to the consulate -- by doing so, signaling the beneficiary's readiness for the interview. Packet 4 is then received from the consulate which is the appointment letter, stating the time and date of the interview.

Good luck!

P
Minya's wifeMaleHungary2007-06-07 08:38:00
K-1 Fiance(e) Visa Process & ProceduresWhich embassy to put in I-129F for an interview?

Hello, everybody! I am new in this forum as I have found this website recently. That is a very good one, indeed. Thanks for everyone. My question is : in I-129F form Question 20 they ask where fiance(e) will apply for a visa. I am from Lithuania. And though we have American Embassy here , but from other forums I know that everybody for K-1 visas goes to Poland. So, should we fill in in question 20: Poland/Warsaw, or Lithuania/Vilnius ( and then they will transfer the documents to Poland)? I couldn't find that info anywhere else so I would appreciate anyone's advice. Thanks a lot in advance.

We have just started filling in the forms and are at the very beginning of a long way ahead.

Good luck to everybody here ;)


Vilnius may have an American Embassy, but it is not the Embassy that processes visas, rather the Consulate...which is usually attached to Embassies. For the purposes of K-1, fiancee visas, I think Warsaw is the closest consulate that processes those types of visas. The K-1, even though it is not an immigrant type visa, it is processed as such by the consulates. Perhaps the US Consulate in Vilnius does not process immigrant type visas. You may want to check out their web site for more info:

http://www.usembassy...nsImmigrant.asp

The "fiance visa" link is broken on their website....but it looks like the process K-3/K-4's not sure why they wouldn't do K1/K2's. Perhaps someone else can offer more info.

-P

Edited by Paula&Minya, 01 May 2007 - 10:52 AM.

Minya's wifeMaleHungary2007-05-01 10:50:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Interviews for those living abroad
If you have legal residency in the UK (at the time of your visa interview), you should be able to have your interview for the K1 visa at the US Embassy/Consulate in London....no need to fly back to Australia. Most consulates proceed this way. In fact in the I-129F, there is a question, pertaining to this....which consulate do you want to interview at. You can put London there.

Good luck!

-P

Edited by Paula&Minya, 26 June 2007 - 04:20 PM.

Minya's wifeMaleHungary2007-06-26 16:20:00
K-1 Fiance(e) Visa Process & ProceduresInterent Relationships

Hello Everyone. I was very pleased to find this site. :dance:
My fiance and I met on the internet about a yar ago. We have been talking every since, and have come to love eachother very much (L) . We havent been able to meet in person just yet because I am in college and working. We plan on filing a I-29F form soon as I get the money. But I wonder if the embassy will grant us the visa, since we have not met in personj yet :help: .
Peter and I talk on the phone and have webcameras that use everyday to see eachother live.
To make matters more urgent, we want a baby. But When I was 17 I was diagnosed with Ploysytic Ovary Disease. And my doctors told me that the longer I wait the harder it will be for me to have achild until it is impossible :crying: :( .
Does anyone have any information for us, or have filed for their fiance that they met over the internet? I'd appreciate any advice you could give thanks..... :yes:


Welcome to VJ! :)
There are many people who successfully go through the fiance visa process and they initially met on the internet. :yes: In your case, however, I do agree with the other responses you've received....there is very little chance that they will approve the I-129F petition if you have not met in your fiance at leas once within 2 years of filing the petition. :no: USCIS will not take into consideration your medical condition at all...meaning they will not consider it as a reason to grant you a waiver to the meeting in person rule.
One small word of caution. You state that you plan on filing the petition as soon as you "get the money" to file. This process is quite expensive, the filing fee for the I-129F is just the beginning. There will be the cost of the medical exam, gathering of various documents needed, possible translation fees, and visa fee....and that is just to get the K1 visa. Afterwards, plane ticket to the US and you must keep in mind that once your loved one is here you will be the sole bread winner until you marry, file for adjustment of status (another very large application fee....since it looks like the filing fees will go up beginning in the fall of this year) and your man gets his work authorization. Not to mention that during both the visa interview and the subsequent status adjustment process you will have to provide information regarding your financial situation, and if it found to be unsatisfactory it can trigger a denial.
You have a very costly process ahead of you, and if already at this point you are not in a position financially to be able to afford it....you may think about holding off for a little while longer. That said, please look around this site....in particular look at the guides. They offer a wealth of information and give you a better idea of what the process entails.

Good luck! (F)

-P
Minya's wifeMaleHungary2007-05-02 23:06:00
K-1 Fiance(e) Visa Process & ProceduresCertified Translation in NYC

i just realized why i am confused on this...in the instructions for I-129F part 2 (d) it states the following:

"Translations. Any foreign language document must be accompanied by a full English translation that the translator has certified as complete and correct, and by the translator's certification that he/she is competent to translate the foreign language into English"

what does this mean if it doesnt mean that anything in a foreign language must be translated?


Please read the threads below as they show examples of what people translated and/or not for the I-129F.
http://visajourney.c...php/t26113.html

http://www.visajourn...php/t32687.html


Bottom line is....go with what you feel is best for you. Regardless of how well you follow instructions, USCIS adjudications of petitions are full of contradictions. Example: Some petitioners submitted only a passport (like me) to prove their US citizenship and were approved....others did the same thing and they received an RFE and asked to submit their birth certificate as additional proof of citizenship.
So the best advice anyone can give you is, after reading the instructions, and all the available information here at VJ....do what you feel comfortable with. :thumbs:

Good luck!

-P
Minya's wifeMaleHungary2007-06-28 09:28:00
K-1 Fiance(e) Visa Process & ProceduresCertified Translation in NYC

i dont know, i thought i had to...do u think i can submit the italian work visa without a translation?

i mean the exit stamp is pretty basic, so maybe i dont need that translated, but what about the visa? you think its ok as is?

i mean thatd be great, because then i can submit my forms as soon as the copies arrive in the mail later this week


I'm assuming the work visa is stamped in the passport, right? So once you have a copy of all the pages of the passport, you can put a * next to the page w/ the work visa and highlight the appropriate dates and country (for which the visa was issued) and explain on the page that this is the work visa, that you're submitting as "evidence" of presence in the country in question. I do not see why it would need translation. Think of the pre-requisite for the petition you're filing....as in you as the petitioner need to prove that you met your fiancee w/in the last two years. So if you can prove w/ such primary evidence as passports that you were both in the same place during the same time.....you attach some supporting evidence (such as photos) you should be fine. Perhaps someone else will weigh in w/ their opinion....but I'm not seeing why the visa would need to be translated.

Someone please correct me if I'm wrong on this. :unsure:

OP, if you haven't done so already....read the guides here, things are quite clearly explained regarding what and how to submit for the I-129F petition for Fiance(e) visa.

Good luck!

-P
Minya's wifeMaleHungary2007-06-28 08:34:00