ForumTitleContentMemberSexCountryDate/Time
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
K-1 Fiance(e) Visa Process & ProceduresCertified Translation in NYC

thanks...i think i know the difference, but i was just confused bc i thought it said in the instructions to have certified copies of all documents and supporting evidence...i could have read it wrong tho...if you submitted it with no problem then i will not have the train tickets translated...i will just translate his passport

the train tickets are pretty basic anyway (date, destination, time, etc)...i did think it was sort of ridiculous to pay in order to have such a simple document translated...

thanks again, youre a great help!


Just out of curiosity...why would you need his passport translated? It is an "international travel document"...most passports have the word "Passport" or something similar on them somewhere...so it is known what the document is. I'm not completely sure on this score, and maybe someone else will see this thread and be able to offer a more definitive answer on this. Alternatively you may want to contact another VJ member who had a fiance or spouse from Albania. Perhaps they can help you.

Good luck!
-P
Minya's wifeMaleHungary2007-06-27 22:21:00
K-1 Fiance(e) Visa Process & ProceduresCertified Translation in NYC

yea, the main concern is translating his birth certificate...i have some friends in nyc who speak both albanian and english...can i have them do it for me?

i speak italian, can i translate the train tickets that are in italian as long as a i sign the statement? or should i get a disinterested party?

the train tickets are a pretty important piece of evidence in my case, so i would like them to be translated, those are the only two things tho


I included bus tickets (in Hungarian) in my petition and did not have it translated. I just color copied the tickets on an 81/2 x 11 sheet of paper and identified the ticket as a "bus ticket to", and underlined the destination city/locality.
The key is primary evidence.....unless the train ticket shows your name on it, or your fiancee's name on it, it does not serve as primary. Stamps in passport are such primary evidence.
There are threads here on VJ discussing the difference between types of evidences used, and what couts as primary vs. secondary evidence.

-P
Minya's wifeMaleHungary2007-06-27 22:12:00
K-1 Fiance(e) Visa Process & ProceduresCertified Translation in NYC

ohhhhhhhhhhhhhhhhh thanks lol i thought that it was something like a notary lol guess not =)

so you mean that i can get any native speaker of that language to translate the documents for me as long as they will sign that statement? do they have to translate everything the document says (ie: train tickets, hotel receipts) or can it just get the main points across...the important stuff???


What exactly are you trying to translate? If its for the I-129F petition, such things as tickets or hotel receipts do not need translation. You can just identify each item for what it is in english. I did not include my fiance's Birth Certificate in the I-129F petition, since it only asks you to prove a meeting has occured between you and your fiancee w/in the last two years. I included such proof (receipts, airline boarding passes, passport stamps from both our passports, etc.) and about 8-9 photos. That was it and I was approved. Others here on VJ included a lot more and they were also approved....so go w/ what feels best for you. :)

Good luck!
Minya's wifeMaleHungary2007-06-27 22:06:00
K-1 Fiance(e) Visa Process & ProceduresCertified Translation in NYC
"Certified" translations for the purposes of the USCIS, and/or the consulate means that the translation has to be certified as accurate....not that the translator has to be certified.

§ 1003.33 Translation of documents.

Any foreign language document offered by a party in a proceeding shall be accompanied by an English language translation and a certification signed by the translator that must be printed legibly or typed. Such certification must include a statement that the translator is competent to translate the document, and that the translation is true and accurate to the best of the translator's abilities.

The link to this is here.

The certification statement should read something like:
I, _________ certify that I am fluent (conversant) in the English and ______ languages, and that the above/attached document is an accurate translation of the document attached entitled __________.

Signature: ___________________________ Date: ____________

Name & Address




Good luck!




-P
Minya's wifeMaleHungary2007-06-27 21:44:00
K-1 Fiance(e) Visa Process & ProceduresI need help!

Thank you all.
I have sent a mail to American embassy in Romania for the question. However, I don't care much about where we will apply. Anyway we will get the vis surely.
The last day we met is 2nd of Nov. 2005. If I fill in the form now, we are fine with the two years' condition. But when the interview will take place, I think it will be out of two years' rage. Should we meet again in 2007?


If your fiancee has "permis de sedere" in Romania, that is legal residency...double check w/ the US consulate in Bucharest, but she should be able to do the K-1 visa interview process in Romania. As for your meeting in 2005, you will be fine for the filing of the I-129F petition, but to strenghten your case at the consulate, when she interviews for the visa, you may want to get together again, after you file your petiton but before your fiancee has the interview. Take lots of pictures and have documentation of your time together. This will serve as futher proof of your "ongoing relationship".
Good luck!

-P
Minya's wifeMaleHungary2007-06-28 12:45:00
K-1 Fiance(e) Visa Process & Procedures471 Days ago and still waiting for NOA2.
I'm sorry your wait is this long. At this point, it seems you are in some sort of Administrative Review "black hole". Call USCIS, follow the voice prompts as if you're inquiring about an RFE....you will be asked to enter your case #, and once you do....press the # to speak w/ a speicalist. Perhaps they can tell you what the status is. I would also continue and follow up w/ both congressman and senators for your area(keep calling, e-mailing and phoning them)....and ask them to look into your case and give you a status. At this point, you are way outside the window of processing.....so you should be told what is delaying things. Unfortunately....if they are doing further checking, there is not "timeline" for that....but at least you need to be told what is the status of the case.

Good luck!
-P
Minya's wifeMaleHungary2007-06-28 19:25:00
K-1 Fiance(e) Visa Process & ProceduresIs K-1 better option in my case?

Again I beg to differ with you all.

Yes they are probably happy they are leaving, but yes he is SUPPOSED to be notified and he is SUPPOSED to be red-flagged if he has a deportation order issued by a judge. That was the big deal after 9-11, INS was not red-flagging people properly and notifying them, they are supposed to be doing a better job of it now, but are they in reality, I highly doubt it, there is not enough man-power to update all the records. It is this slack or ineffectiveness why I give them a decent shot of actually getting thru the process and again unless they were CONVICTED of a criminal offense, these orders probably vacated themselves and are not even in the computer system.

Sincerely,
Ramos



Given the history described in the OP, I don't think the "give it a shot....what do you have to loose" advice is such a good one. Especially since all USCIS fees are going up, they actually have a significant amount of $$$ to lose. (I don't know about anyone else, but $400+ dollars is no small change for me.) In addition, the wait times for K-1, from filing to visa in hand, are long as it is. Given that you don't find out until the very end if you have the visa or not it would be a long (in some cases very long) time to wait only to be told "You have a 10 year ban, you can't have the K1 visa". In the case of the OP, he may very well end up in some AR at NVC, only futher adding to the time and 'false' hope. In the meantime....the OP's original intent, to be w/ his fiancee, marry and start a life together is all on hold, because they're waiting for a visa that at this time will not and cannot be issued.

-P
Minya's wifeMaleHungary2007-06-26 18:27:00
K-1 Fiance(e) Visa Process & ProceduresIs K-1 better option in my case?

Readmission and after deportation help!

Arrival: August 15th 2001
Departure: May 20th 2003
Arrival: September 20th 2003
Not-enrolled in School: Jan 2004 - October 7, 2006
Visa Expired: April 30th 2005
Border Patrol (Detained): March 16th 2006
Released on Bond: March 22nd 2006
Notice to Appear: June 14th 2006 (Failed to appear)
Departure: October 7th 2006 (Left on my own)

Good Afternoon,
I understand I am taking a lot of your time I would really appreciate if you could help/advise me in this matter!

I entered into United States on 15th August 2001 as an F-1 Student. I went back to visit my family in summer May 03 and returned to United States on September 03. I was enrolled in my University till Autumn 03 and wasn't able to continue my education and had to discontinue. I was out of status from Winter/January 04 till October 06. My VISA expired on 30 April 05, I Overstated more than a year. During my stay I was engaged, my fiancé had been really helpful in tough times and stuck with me through it. She lived in Michigan and I was in Ohio.

Now, the troubling part. In March 06, I was visiting my fiancé in Michigan and was traveling from Columbus Ohio on Greyhound since my license was expired and couldn't drive. At the Detroit Bus Station I was approached by Border Patrol Agents and was asked to show my documents, I wasn't carrying them they were in Columbus. They took me to the station and checked if I were in United States legally. Everything came out good; I had good Immigration History, no criminal record. However, when agents called school admission office they told I was not enrolled from Jan 04 to March 06 (then present time). I was detained at Wayne County Jail and was told to appear in front of a judge. I had a court date after a week. I told the Judge I was still in school because I wanted to get of Jail ASAP, Judge said I had good immigration history and no criminal record so she asked me to go to school and bring all official transcripts and all supporting documents to the assigned immigration officer so my case could be dismissed, I was released on Bond on March 26 006. Since I wasn't in school from Jan 04 to March 06 (then present time) I couldn't bring in my school transcripts to prove I was still in status. After about one and half month on May 14 2006 I received a letter from INS to appear in court for my case on June 14 2006. Which I failed to do so since I didn't have any supportive argument and documents, and the decision was ruled against me "ORDER: THE RESPONDENT SHALL BE REMOVED TO [HIS COUNTRY] OR IN THE ALTERNATIVE TO ON THE CHARGES(S) CONTAINED IN THE NOTICE TO APPEAR". Charges were that I was out of status and not enrolled in school from Jan 04 and overstayed more than a year.

I started saving money for my ticket so I could go home and don't see Jail again. I left United States on October 07 2006 and was finger printed as well at JFK. Immigration Officers didn't ask anything at the airport if I had any arrest warrant (if I had one) or anything about the case, they finger printed and stamped my passport.

Now the question:
I want to be with my fiancé, get married, and start a family and a new life. I do not now what procedure or steps should I take to be with my fiancé, how can I clear my case so it doesn't affect my VISA application (I have no idea which VISA I should apply for). Any help in this matter would be highly appreciated!

Thank you for your time


With your overstay, you are probably looking at a 10 year ban....not to mention that since you lied to an immigration judge, there may be an additional penalty there. By all means, do as others have suggested, consult a 'very' good immigration attorney, but perhaps you and your fiancee can also look into possibilities for her to emigrate to your home country.

Good luck!

-P
Minya's wifeMaleHungary2007-06-26 16:30:00
K-1 Fiance(e) Visa Process & ProceduresWas I "Touched"?
Yes, that means you have been "touched"....looking at your signature, your NOA1 date is a day before the "last updated date" on the USCIS website. Many people experience this....it may be the date they deposit your check, or just initial shuffling of your petition putting in the right place for eventual adjudication.

Good luck!
-P
Minya's wifeMaleHungary2007-06-30 16:16:00
K-1 Fiance(e) Visa Process & ProceduresMarriage
Either path to citizenship will take a few months (at least) to complete so you have a little while before you're even eligible to file for the K-1 visa for your girlfriend/fiancee. Once you've gained citizenship and file the I-129F petition there will then be a few more months(at least) before it is approved. Only then will you be needing to prove salary for sponsorship. So you have a while yet and a good few steps to complete before you need to think about sponsorship. I would not worry about that yet.
So do some research on USCIS website, and here on VJ, to see which path to citizenship may be more expeditious or more applicable for you. There is no quick way for you to have your citizenship in a few days so you can file your petition...there's only the choice that is best for your circumstances. Alternatively you may want to contact an attorney for help.

Good luck,
-P

Edited by Paula&Minya, 03 July 2007 - 03:13 PM.

Minya's wifeMaleHungary2007-07-03 15:09:00
K-1 Fiance(e) Visa Process & Proceduresquestion about "proof oh having met within 2 years"

wellp! i sent it in! lol ive read that i should send in both with the initial petition...oh well, i dont think that it can hurt


Weeeelll, not necessarily, depends on who's adjudicating your case. For the most part, you're right it will not hurt your petition, but if there is any inconsistency in the documentation you've provided (a date wrong, for examle) you may get an RFE asking for further proof.
Given that you've provided 'ongoing' relationship proof in your original I-129F petiton, make sure your fiance gets a copy of everything you sent in to USCIS. Remember that your original petition, w/ all the evidence makes its way to the consulate where your fiance will be interviewing for the visa. So the CO can and will question your fiance on all documents they have, which include the 'ongoing relationship' evidence you sent. So your fiance will need a copy, to be prepared for any questions the CO may ask from the information. (Like what's the 1-800 number your fiance calls for the calling card?) Given that you're going through the Albanian consulate, which from my understanding is not the easiest to process through, make sure your fiance knows details....since you've provided more detail than necessary in your initial filing, more than likely the consulate will use that info to quiz your fiance at the visa interview.

Good luck,
-P
Minya's wifeMaleHungary2007-07-04 17:13:00
K-1 Fiance(e) Visa Process & ProceduresCitizen number?

There are a couple of different things.

Certificate of Naturalization, which is for naturalized citizens.

Certificate of Citizenship, which is available for Citizens born abroad. (Like me)

I only provided a copy of my passport for the I-129F. Which met that requirement. But for the I-134, I did not have my Certificate of Citizenship, and I contacted the consulate about it. They said that since I already proved my Citizenship with the petition, all I needed to include was a copy of the biographical page of my passport. This may vary by consulate, but if you don't want to wait 3 months, and pay the $200 to get one, you should ask the consulate what they require.


This is exactly what hapenned to me, that is why I was offering the information. I contacted the consulate, and was told the same thing and was also told my Certificate of Citizenship# which I then used for my I-134.
Thanks for clarifying! :thumbs:

-P
Minya's wifeMaleHungary2007-07-03 15:00:00
K-1 Fiance(e) Visa Process & ProceduresCitizen number?

Just an FYI, if the petitioner is a naturalized US citizen, and uses the passport for the I-129F, which is then approved at the USCIS level, the certificate of citizenship # is then needed on the I134 Affidavit of Support. The question rearding citizenship is phrased in a different way on that form, and the citizenship # must be listed. If the petitioner does not have this #, he/she can request clarification on how to complete the I-134 from the consulate. They will inform the petitioner how to proceed.

Good luck!
-P


file the form with the USCIS to get a replacement. This is something you dont want to lose. Its like losing your passport.



Now (before the fee increases) the replacement costs about $200 (not sure exactly) and the waiting for it can be as long as, if not longer than a NOA2 for an I-129F. So yes, to get a replacement, file early. I was just pointing out that the # may not be needed at the filing stage, but is needed later, and can be provided by the consulate by request. I know, it depends on the consulate...but it is an idea.

-P
Minya's wifeMaleHungary2007-07-03 14:25:00
K-1 Fiance(e) Visa Process & ProceduresCitizen number?
Just an FYI, if the petitioner is a naturalized US citizen, and uses the passport for the I-129F, which is then approved at the USCIS level, the certificate of citizenship # is then needed on the I134 Affidavit of Support. The question rearding citizenship is phrased in a different way on that form, and the citizenship # must be listed. If the petitioner does not have this #, he/she can request clarification on how to complete the I-134 from the consulate. They will inform the petitioner how to proceed.

Good luck!
-P
Minya's wifeMaleHungary2007-07-03 13:49:00
K-1 Fiance(e) Visa Process & ProceduresFiance not living in Home Country

Contact the consulate in the country your fiance is in now, and they should be able to tell them. My fiance is living in China and there on a work visa, he has residency in Algeria. I e-mailed Guangzhou and they said he could have his interview in China. I have read on here where others are in the same situation and they have been able to do it that way. Good luck.


The OP's situation is quite different though...the beneficiary is

currently with a visitor's visa but hopefully will soon have a work visa. We are in the researching stages of getting the K1.



Since a work visa in the counry in question (New Zealand) is just a "hopefully".....and they havent even filed yet....they're just "researching the stages", its better to know that only those w/ legal residency (and a work visa is a form of legal residency in a country) can apply at the US consulate in a foreign country other than that of the beneficiary.
The OP is a good few months away from actually being at the "consulate stage" of the process....so at this point contacting the consulate regarding a petition not even filed yet may not get the OP any concrete answers. In any case I do not know of anyone who successfully intrviewed in another country for a K-1 while there on a tourist visa.

-P
Minya's wifeMaleHungary2007-07-05 09:32:00
K-1 Fiance(e) Visa Process & ProceduresFiance not living in Home Country
One has to think of it from the viewpoint of the the US government, who is making a decision to allow an "intenting immigrant" into the country. (That is in effect what the K-1 visa confers to the beneficiary...the status of intending immigrant.) If the beneficiary is illegally residing in any country, and goes to interview there for a US visa, it does not look well for the validity of the visa petition. So it would be best to interview in the country of the beneficiary's residence. It is true, that visa denials to other countries, and for that matter other US visa denials (as long as they were not for reasons that make the beneficiary ineligible for any visa) do not matter to the CO, when adjudicating K-1 visa decisions, but that is because a visa refusal means that the beneficiary tried to do things the legal way but was rejected. If a visa beneficiary shows up to a vis a interview in a country where he/she is residing illegally, it is like in effect saying "I have no trouble breaking visa laws" which is not good behavior meriting legal entry to the US. Just my HO.

-P
Minya's wifeMaleHungary2007-07-05 07:58:00
K-1 Fiance(e) Visa Process & ProceduresFiance not living in Home Country

My finance is Hungarian and he is living in New Zealand - currently with a visitor's visa but hopefully will soon have a work visa. We are in the researching stages of getting the K1. Does anyone know if he will be able to apply for his K1 and have his interview in New Zealand or will he have to return to his country of origin to apply?

I would appreciate any insight anyone has on this topic. Thank you.


Not if he's legal....if he has 'legal residency' status, then he can have his interview in New Zealand. For the most part, the US consulates allow those beneficiaries who have legal residency in the country in question, to interview there for the K1. Check out the webpage of the US consulate in New Zealand for more info.

Good luck,
-P
Minya's wifeMaleHungary2007-07-04 12:41:00
K-1 Fiance(e) Visa Process & ProceduresSlowing us down?

I have been doing a lot of reading on the USCIS website. They are making so that only two centers will process I-129F. Do you guys think that it will slow down the process of those who have filed already? :huh:


It is that way now...only two centers process I-129F petitions....depending on where we live, we send the applications to one of 4 places, but only two California and Vermont actually process the petitions. All petitions received at Nebraska and Texas are mailed to California.

-P
Minya's wifeMaleHungary2007-07-07 17:55:00
K-1 Fiance(e) Visa Process & ProceduresNeed help. First time will file for the K1-visa

Please help. I'm trying to petition my fiancee in the Philippines. I want to make sure I got all the right document before I send off my paperworks. Please let me know if I am missing anything. Thank you

*application fee $170
*from I-129F
*evidence of my US citizenship
*form G-325a and photograph for both me and my fiancee
*form fc-029 for both me and my fiance
*proof of having met in person within the last 2 years
*letters of intent to marry both me and my fiancee
*2 or 5 photos together? how many emails should I include?

Am I missing anything else ?


The G325a is a form that comes must be completed in quadruplicate. One set has to be filled out by the USC (4 pages all bearing an original signatures) and the other by the beneficiary fiancee (again 4 pages w/ original signatures).

Not sure why you would include e-mails....unless they go towards proving the "having met w/in the last 2 years." That is what the petition asks you to prove at this point. Some people do include evidence of an "ongoing" relationship, but it is NOT necessary at this stage of things.

Good luck,
-P
Minya's wifeMaleHungary2007-07-09 01:59:00
K-1 Fiance(e) Visa Process & ProceduresFinace Letter of Intent
:guides:

You can find assebly instructions for your package here.
The guides area really helpful w/ all sorts of information, just browse through them. ;)

Good luck,
-P
Minya's wifeMaleHungary2007-07-09 22:02:00
K-1 Fiance(e) Visa Process & Proceduresk1 steps
Here you go:

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

and

http://www.visajourn...amp;page=k1tips

A flowchart of how your case will prgress once you file for the K1 is at this link:

http://www.visajourn...amp;page=k1flow

Once you apply for the K1, don't forget to fill out your timeline, here...under Timeline Functions --->Edit/Add my Entry.

Good luck!

-P
Minya's wifeMaleHungary2007-07-10 11:03:00
K-1 Fiance(e) Visa Process & ProceduresProof of having met in person w/in the last 2 yrs

thanks for all the help.
Well in our case,his parents stay in india so we wont have the hotel receipts as he stayed with them
However,he can get his e-ticket,the credit card by which he paid for the ticket ,may be the proof that he got some traveller cheques and th epassport stamp which shows he entered india and lef india after 3 weeks..

This is pretty much it...Will this all be sufficient??


Sounds like you've got some additional evidence...good for you! :thumbs:
Entry/exit stamp is the primary evidence...the e-ticket and credit card statement, along w/ the traveller cheque purchase are the secondary evidence. That is something.
As far as sufficient? ....You won't know until you submit your petition and it gets adjudicated. If this is all you have, this is all you have!
Good luck!
-P
Minya's wifeMaleHungary2007-07-11 01:04:00
K-1 Fiance(e) Visa Process & ProceduresProof of having met in person w/in the last 2 yrs

Photos are not the most important aspect of your petition. This is what USCIS says about evidence, taken from a common RFE (request for evidence) they send to people who have provided insufficient evidence of meeting w/in 2 years. Photos alone prove that you've met, but don't prove when. They are secondary evidence that help strengthen primary evidence, but on their own, don't cut it:

Submit evidence of meeting the meneficiary in person within the two-year period preceding the filing of the petiition. The primary evidence may include airline ticket stubs and receipts (that indicate month, day, and year), copies of passport pages taht show the identification page and admission stamps, military order(s), letter from Commanding Officer, or any evidence that will help the USCIS to determine that the petitioner has met the beneficiary within the two years. The secondary evidence may be film dated photographs of the petitioner and the beneficiary together. The following DOES NOT constitue evidenceof meeting: disc, videos, emails, letters, phone bills, and greeting cards.


But on the flip-side of that....the passport stamp alone does not prove that the petitioner and beneficiary met either. You have to look at your evidence and consider that the adjudicator does not know you from adam.....then ask yourself this: If a complete stranger looks at what I'm presenting, will they clearly see and know that I've met my fiancee w/in the last two years? If you cannot immediately answer YES to that question, then you need more evidence.

I would not submit passport stamps alone....submit your boarding passes, flight itinerary, train tickets, try gathering some receipts, perhaps if you withdrew money from an ATM while visiting, you can submit proof of that you were in that town. If you purchased anything w/ a credi card, you can submit the CC statement. These are all secondary evidence....but in conjunction w/ the passport stamp (primary evidence) they can be used as proof.


Yes, but if the OP has none, then there are none. If another trip is in the budget, I still wouldn't necessarily advise spending that much to collect evidence.

Nothing is for certain. But it's best if people don't get too wrapped up in any one piece of evidence as being the magic key to approval.


I think I got confused w/ the thread. In this thread the OP asked how many photos to submit....but there was another thread where the OP was saying they only had passport stamps to prove visit in the country of the beneficiary.
I was merely stating, that perhaps looking a bit deeper, and thinking outside the box they may be able to come up w/ further evidence of their meeting. I know initially a lot of people do not think to keep boarding passes, or ticket itineraries...but if they need to produce it, you can be inventive and come up what is necessary. I remember a member here receiving and RFE to prove the "met w/in the two years requirement" and thought they would not have anything more than what was first submitted....but upon 'brainstorming' he/she was able to print out the e-mail from Travelocity showing purchase of the ticket....found some receipts for then they exchanged money, and I don't remember much else. The point is....that the chances of getting an RFE are greatly reduced if you can submit more than just one piece of evidence. There has to be some supporting evidence that goes towards proving that these two have met during the allotted past two years.
If you are petitioning for your fiance to be issued a visa (because you love each other you can't be separated anymore) and all you can produce to prove that you've met is a stamp in your passport, it just does not look so good. IMHO
Minya's wifeMaleHungary2007-07-10 15:16:00
K-1 Fiance(e) Visa Process & ProceduresProof of having met in person w/in the last 2 yrs

Photos are not the most important aspect of your petition. This is what USCIS says about evidence, taken from a common RFE (request for evidence) they send to people who have provided insufficient evidence of meeting w/in 2 years. Photos alone prove that you've met, but don't prove when. They are secondary evidence that help strengthen primary evidence, but on their own, don't cut it:

Submit evidence of meeting the meneficiary in person within the two-year period preceding the filing of the petiition. The primary evidence may include airline ticket stubs and receipts (that indicate month, day, and year), copies of passport pages taht show the identification page and admission stamps, military order(s), letter from Commanding Officer, or any evidence that will help the USCIS to determine that the petitioner has met the beneficiary within the two years. The secondary evidence may be film dated photographs of the petitioner and the beneficiary together. The following DOES NOT constitue evidenceof meeting: disc, videos, emails, letters, phone bills, and greeting cards.


But on the flip-side of that....the passport stamp alone does not prove that the petitioner and beneficiary met either. You have to look at your evidence and consider that the adjudicator does not know you from adam.....then ask yourself this: If a complete stranger looks at what I'm presenting, will they clearly see and know that I've met my fiancee w/in the last two years? If you cannot immediately answer YES to that question, then you need more evidence.

I would not submit passport stamps alone....submit your boarding passes, flight itinerary, train tickets, try gathering some receipts, perhaps if you withdrew money from an ATM while visiting, you can submit proof of that you were in that town. If you purchased anything w/ a credi card, you can submit the CC statement. These are all secondary evidence....but in conjunction w/ the passport stamp (primary evidence) they can be used as proof.
Minya's wifeMaleHungary2007-07-10 14:45:00
K-1 Fiance(e) Visa Process & ProceduresArgghhhhh

MM,

2" is 5 cm - what's the problem there?

Consulates want a straight face, not SEGs. Don't know how much USCIS cares.

Yodrak

Yodrak,

2" is a little more than 5 cm (5.08cm), but as MM_MS received an RFE because the pictures originally submitted were not the right size, she just wanted to make sure it is exactly the size specified. :)

MM_MS,
I agree about the not smiling in passport photos. My finace isn't smiling on the photos of his passport, or the recent ones taken for the visa. I mean not even a hint of a smile....I do have a little smile in the photo in my passport. :) Wishing you a speedy approval, and and equally speedy 'rest of journey'!

-P
Minya's wifeMaleHungary2007-07-10 23:49:00
K-1 Fiance(e) Visa Process & ProceduresArgghhhhh
OMG!!! I am soo sorry. (F) At least its good that you noticed your mistake in time. Good luck to you. I hope you can turn it around quickly and have your approval. Then its on to bigger and better things! :)


ETA: Just out of curiosity, you're a fellow Feb. Filer (and your NOA1 date is the same as mine). I remember your RFE when you received it, but I can't remember what it was for?
-P

Edited by Paula&Minya, 10 July 2007 - 09:29 PM.

Minya's wifeMaleHungary2007-07-10 21:27:00
K-1 Fiance(e) Visa Process & Proceduresphone call and touched

someone worked or moved your case.

i dont want to start a new thread so ill just ask it here, im having a co-sponsor and he's self employed. my question is what are the supporting documents for the co-sponsor? tax return is good enough?


Download the I-134 form from the USCIS website, which will tell you what evidence is acceptable if you are self employed. Also, in your Fiance(e)s packet 3 which he/she will receive from the consulate there will be further instructions regarding the I-134 Affidavit of Support and what further documentation is neccesary. Some consulates require more than one year's tax returns, and/or bank statements. Depends on the consulate.

Good luck!
-P
Minya's wifeMaleHungary2007-07-15 10:14:00
K-1 Fiance(e) Visa Process & ProceduresI NEED HELP
I think the OP may be saying that though the child is hers, the grandparent (the OP's parents) are listes as the parents on the birth certificate of the child. On the approved I-120F petition, the USC fiancee did list the child.

-P
Minya's wifeMaleHungary2007-07-09 01:52:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction
I'm not sure about the K3 visa, if applying for it 3 months before your fiancee's 2 year restriction is up will get her here w/in three months. It seems that the K1 visa is a little bit faster to get than the K3, but that's just what I've seen from reading people's posts here. Look at the Immigration Timelines page here and weigh your options. The fact is that one can only resolve the 2 year restriction by obtaining a waiver OR waiting your the period in one's home country. Marriage to a USC (regardless of what country the marriage occurs in) does not nullify the restriction.....so if you're thinking of pursuing the K3, instead of the K1 route in order to achieve this, I'm afraid that won't work.
Your wife's 2 year restriction is up towards the end of this year in November...I think if you spend the next month or two gathering all the documentary proof you will need and file in early say June, by the time the interview rolls around, your fiancee should be finished w/ her HRR.
Your profile does state your location, so I'm not sure if once you file your petition it will be processed by Vermont Service Center or California? Vermont is significantly faster in processing K1 applications, so if that will be your Service center you my want to push your filing date further into the summer. The imigration timelines page shows the average processing times it takes for K1/K3 at each service center.

Good luck w/ your visa journey!

-P
Minya's wifeMaleHungary2007-04-01 20:22:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction

Elena,

I'm glad to see people that are able to help you out with this situation. It makes me feel good to know hope is always there! :dance:

joe,
any ideas on how to sharpen the stamps color so i could actually see the dates to write them down?



Hello elena:)

just wanted to say something that I think might help you a ltl:)
the company I work at had the problem of determing for how long the foreigners who work in the country have spent here and we found out that if you are for example from the EU u can enter the country only with ur ID card, there is no way you can actually prove for the authorities for how long they have been in or out of the country.

So i was wondereing what if u had to change ur passportor entered on ID card(no stamps in it)?
How are they gonna approach that? Cause i am sure no records are stored at the border proving entry...
If it is the same in Moldova then you should see if you can somehow report longer stays...

just thougth I might be useful:)
All the best


Moldova is not yet an EU country, as far as I know....so all of E's entries to her home country Moldova are stamped in her passport. ( Not sure about Bulgaria, did it just join right along w/ Romania in January of this year, or is Bulgaria still waiting to join?)

I'm curious to see if the b/w copying will work. The reason I suggested it was because I had the same trouble deciphering the dates on entry/exit in my US passport (entry stamps for Hungary and Romania, which were both done in red ink) . Since the pages in the US passport are kind of a light blue, some of my stamps were not visible at all, but when I made a b/w copy I was able to tell the dates clearly. :)
Good luck!

Edited by Paula&Minya, 27 March 2007 - 06:22 PM.

Minya's wifeMaleHungary2007-03-27 18:22:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction

joe,
any ideas on how to sharpen the stamps color so i could actually see the dates to write them down?


Try making a simple black/white copy of the page in the passport, w/ a good quality copier. Sometimes that works to highlight the color in the stamps...since usually the ink they use in the stamps is red, but on a b/w copy it is black and could be more visible.
Just an idea. :)
Minya's wifeMaleHungary2007-03-27 14:58:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction
Well poop! MPGGPM you're faster than I am!! ;) I had this whole post ready to go, w/ all the same info you posted, from the DOS website..., lucky I previewed before posting.

Kinzaza, you'll be fine don't upset yourself too much! I know 4 months is a long time, especially being far away from the person we most want to be with....but maybe your man can come visit for a while and the time will pass before you know it.

Good luck to you and the OP!
Minya's wifeMaleHungary2007-03-26 19:33:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction

I don't know diddly squat about how the HRR must be 'served', or the grant of multiple visas when an HRR needs satisfied, but I do know this....

A K visa is also a non-immigrant visa.

Don't know if this throws a monkey wrench into things by further confusing the issue.


Rebeccajo,

The K visa a non-immigrant visa, but it does have the "immigrant" intent attached to it. (There are gray areas that I don't think USCIS anticipated and will eventually address by ammending the K 1 visa specifications or at least clarifying them somewhat.)
I think with this type of thing a 2 year HRR, it is considered an obligation that must first be fulfilled before this visa would be granted. Just as it is a K-1 requirement that you be free to marry a the time the petition is made, you must also be free to emigrate.
Minya's wifeMaleHungary2007-03-26 19:06:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction

I'm a little bit confused about one thing. Where is exaclty the problem going to be? in getting a visa or in adjusting the status? because if in getting a visa, then i shouldnt have been granted 3 more visas after the first one since i only had about 15 months in Moldova at the time


The problem will come into play probably at the consular level, since you're out of the US now and wanting to gain entry on the K-1 visa. But as MPGGPM said, you may still be OK, because you're almost close to fulfilling the 2 year requirement. First look into the filing of the waiver, and how to get a "no objection" from Moldova. That may be all you need.

The AOS part was a mistake on my part. I was referring to cases that I know, where the person was here in the US, had the 2 year HRR and got married. They were NOT able to adjust status (meaning they could not get residency based on marrying a US citizen)because of the 2 year return to home country requirement. A waiver was also NOT granted to this person due to his highly specialized training/studies received while here.
-P
Minya's wifeMaleHungary2007-03-26 18:07:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction

Guys you are totally freakin me out...Does that mean i'm not going to be able to see my honey for one more year even if i came from the US almost 5 years ago just because i'm studying in Bulgaria?
Ok,..now i wanna kill myself


No, I'm sorry, I didn't mean to freak you out!! :no: I just meant to give you a heads up, to see if your 2 year HRR has been satisfied...have you spent 2 years in your home country, Moldova since returning from US? (By this I mean, returning from the US after using the J-1 visa with the 2 year HRR)
If not, you may not be able to adjust your status to get your residency once you get here w/ the K-1 visa, i.e. it will cause you more problems if your AOS petition is rejected because youre still bound by the 2yr HRR from a J1 issued many ears ago.

Your case is different because you left the US, but you're studying in Bulgaria a third country. I don't know what that means w/ regards to the 2 years HRR, if it is still in place. Perhaps doing a little further research into this and seeing about how to file a waiver letter. I think its something that can be filed in your home country....or at the Moldovan Consulate in Bulgaria?

Oh dear, I feel bad now....since I'm thinking I may be confusing you even further.....and I certainly don't want to cause you any more upset. :unsure:

-P
Minya's wifeMaleHungary2007-03-26 16:29:00
K-1 Fiance(e) Visa Process & ProceduresAwkward legal status for K-1 while waiting for AOS
HI everyone!,

I am in the same situation, my visa and I-94 are expired, and I am waiting for the first AOS notice from the Immigration Office.
Somebody know if I can travel into U.S with my visa and I-94 expired?. Of course my passport is not expired.

Thanks a lot!!
AnonimaFemaleColombia2007-07-18 18:34:00
K-1 Fiance(e) Visa Process & ProceduresTracyTN prayer thread
awww...the wait when you are so close is difficult. BUT it will be quickly forgotten. Hoping the NOA2 comes this week!
mybackpagesFemaleMorocco2007-02-26 21:07:00
K-1 Fiance(e) Visa Process & ProceduresSo surreal...
Aww I missed the posts yersterday to wish your fiance a bon voyage, but looks like you had lots of good support. How exciting that he is going to be arriving anytime now. My husband (then fiance) arrived almost 6 weeks ago now. I know exactly how you feel at this moment, but everyting will melt away the moment he steps in to sight.

I know I am late abotu what you were thinking he needed for the plane, btu maybe you were thinking he needed the I-94. They will give him that on te plane and then he will keep it in his passport!

Enjoy the reunion and we will see you in the AOS boards. AOS is really not that hard, just overwhelming at first! and then of course we are back to waiting just like the K-1 all over again!

Wish you a wonderful day and whole life together!

Edited by mybackpages, 23 March 2007 - 05:52 AM.

mybackpagesFemaleMorocco2007-03-23 05:52:00
K-1 Fiance(e) Visa Process & ProceduresVSC but do not "officially" live in the region?

You file based on the permanent resident location of the USC - it has nothing to do with what country the fiance is from. There is no way to file at VSC if you don't live in the region because, as posted, you provide your background information and it would have to match up!


Well it is quite possible to live in one area and work in another. I have people in my company who work during the week in Chicago and fly home to DC every weekend. I could've always claimed the same....



Yes you could claim that and it could work. BUt what if you make this claim and then USCIS asks for proof of residence. I assume your driver's liscence, work employment records and other documents would only add to the confusion.
mybackpagesFemaleMorocco2007-03-25 08:30:00