ForumTitleContentMemberSexCountryDate/Time
US Embassy and Consulate DiscussionIs I-134 mandatory?
QUOTE (HelloWorld08 @ May 17 2009, 07:47 PM) <{POST_SNAPBACK}>
QUOTE (imaisha @ May 17 2009, 05:43 PM) <{POST_SNAPBACK}>
you can send in your petition now and use the few months it takes to process to find the co-sponsor. it's not needed until your interview which will be at the very least, 3 months, more likely 6-12 months from now


or IF possible, have your girl, find a job....


Not necessarily acceptable...they would ask for 3 years of tax returns and might not accept it if none of her tax returns show an income above the limit. Additionally, its important to finish school and I'm not aware of too many legal jobs a woman would get that would allow here to go to school full time and make over 18 grand a year, if you know what I mean....

Don't let finances be an obstacle. Find a co sponsor. The same financial requirements exist for the K3 visa.

Edited by krystiandjon, 17 May 2009 - 07:55 PM.

krystiandjonNot TellingUnited Kingdom2009-05-17 19:54:00
US Embassy and Consulate DiscussionIs I-134 mandatory?
QUOTE (Lakontis @ May 17 2009, 07:22 PM) <{POST_SNAPBACK}>
OK, well she can't be the sponsor herself nor her immediate family, she lives with her mom and younger sister and her mom doesn't have a job. But she has quite a few other relatives she told me about, I guess she can put one or some of then as co-sponsor. Is that my best and only bet?


If her Mom has other income (child support, social security income) you might want to check with the consulate, because that COULD be acceptable income (if its likely to continue for a while).

Edited by krystiandjon, 17 May 2009 - 07:26 PM.

krystiandjonNot TellingUnited Kingdom2009-05-17 19:25:00
US Embassy and Consulate DiscussionIs I-134 mandatory?
QUOTE (Lakontis @ May 17 2009, 07:16 PM) <{POST_SNAPBACK}>
Is it an option for me to send her money (say around 10-20k)? So she will be able to put on the I-134 that she has 20000$ in her bank which should be efficient to prove that we won't become a public charge.


If assets are used they must be 3x the deficit in income. So if she makes $10,000 you would need somewhere in the ballpark of $25000 in liquid assets
krystiandjonNot TellingUnited Kingdom2009-05-17 19:19:00
US Embassy and Consulate DiscussionIs I-134 mandatory?
QUOTE (Lakontis @ May 17 2009, 07:05 PM) <{POST_SNAPBACK}>
QUOTE (HelloWorld08 @ May 17 2009, 08:04 PM) <{POST_SNAPBACK}>
QUOTE (Lakontis @ May 17 2009, 05:02 PM) <{POST_SNAPBACK}>
OK, then we are kind of stuck. I will do all it takes to be with her. If the K-1 visa requires that I-134, then I will not be able to get it. Is there any way at all other than K-1 visa?


I-134 is a requirement there is no way to bypass this...

Someone already mentioned in this topic that I-134 MAY be required for K-1. It was YuAndDan


Well, what's really required is that your sponsor be able to show that you won't become a public charge. The I134 is a standardized way to show this and is therefor somewhat of a requirement by most consulates. You could make your own form and show all of the things they require (proof of income, certifying that the applicant will not become a public charge, willingness to put down a bond, etc) but the I134 is much easier!
krystiandjonNot TellingUnited Kingdom2009-05-17 19:12:00
US Embassy and Consulate DiscussionIs I-134 mandatory?
QUOTE (Lakontis @ May 17 2009, 06:56 PM) <{POST_SNAPBACK}>
QUOTE (Anh map @ May 17 2009, 07:51 PM) <{POST_SNAPBACK}>
I sponsored my wife. And in our case the embassy required an I-134.

Regardless of the form, the sponsorship income requirement is the same everywhere. For two people it is $18,212 annual income.

Can my income be used to add up to hers?


No, your income cannot be used also. You will be unable to work for up to three months after you file for the adjustment of status once you marry your fiance in the US.

The simplest solution to your problem is to get a cosponsor. Perhaps your fiancee's parents or a close friend who makes above the minimum (you + sponsor + any of the sponsor's additional dependents) for your sponsor's household.

In London (I'm not familiar with Vancouver's cases) apparently there have been people who have self sponsored, but I get the feeling they had a bit more money than that and you would need a co sponsor for the AOS anyway.
krystiandjonNot TellingUnited Kingdom2009-05-17 19:01:00
US Embassy and Consulate Discussionstill no interview
We had to wait quite a while for our interview date too. They always said that we weren't "qualified" for an interview date yet even though they had all the documents. After phone calls and emails didn't succeed, we had our senator send them an email asking what was taking so long as our set wedding date was coming up. We got an interview date two days later when they responded to the senator's email. So, while the issue with yours may not be that the embassy is just sitting on it, if you personally have not been able to get some info out of the embassy, try the senator route.
krystiandjonNot TellingUnited Kingdom2009-05-25 22:56:00
US Embassy and Consulate DiscussionSouth African Police Report
QUOTE (bmh @ May 26 2009, 09:36 PM) <{POST_SNAPBACK}>
So I have checked out the website that gives info on how to get the police records if you have spent more than 6 months in South Africa. My question is regarding the fingerprints. My fiance' lives in the UK & the local PD doesn't do fingerprints unless they're arresting you... and well, we just don't want to go that route smile.gif. So in part of the South African info page it talks about getting fingerprints... and then another part it talks about having a relative or friend in South Africa apply for your record on your behalf... if they do that, I'm assuming the friend / relative doesn't have your fingerprints... so :

1) Does he have to get his fingerprints taken & send those via courier to South Africa?

2) If so, where in the UK can he get that done since the local PD won't do it?

Thanks for your help...

-B




My fiance also had to get his fingerprints in the UK. If I recall correctly, it was a big hassle being sent from one station to the next. It cost about 20 pounds and he eventually did get to a station that would do it (St Leonard's in Edinburgh, I believe...in case you're in Edinburgh). But you definitely do need those fingerprints. Try another PD.
krystiandjonNot TellingUnited Kingdom2009-05-27 15:24:00
US Embassy and Consulate Discussionpower of the two bit bureaucrat... act two
QUOTE (rebeccajo @ May 28 2009, 09:12 PM) <{POST_SNAPBACK}>
QUOTE (krystiandjon @ May 28 2009, 09:56 PM) <{POST_SNAPBACK}>
I think the point the OP was trying to make was that if they were going to require a DNA test they had 2 previous opportunities to present that. And it's not required, it's up to the discretion of the embassy. But as we've all learned, efficiency, common sense, and customer service are not something the US government does well.

I'm sorry for your troubles and hope you get everything sorted soon!


It's HCMC. Anything and everything can happen in the name of prevention of immigration fraud.

I'm actually surprised that the OP is surprised. He should have realized this was likely.


Even when you suspect it's coming, it still makes you feel better to whine on VJ smile.gif
krystiandjonNot TellingUnited Kingdom2009-05-29 08:17:00
US Embassy and Consulate Discussionpower of the two bit bureaucrat... act two
I think the point the OP was trying to make was that if they were going to require a DNA test they had 2 previous opportunities to present that. And it's not required, it's up to the discretion of the embassy. But as we've all learned, efficiency, common sense, and customer service are not something the US government does well.

I'm sorry for your troubles and hope you get everything sorted soon!
krystiandjonNot TellingUnited Kingdom2009-05-28 20:56:00
US Embassy and Consulate Discussionapproved pending additional documentation share your experience
aoifee,

It looks like London is not very consistent with the income requirements. Jon just had his interview on Monday and we were approved using only my income. I make well above the poverty level, but I've only been in this job since October 08 and before was traveling and/or in university. My 2008 tax return was for 14 grand and they didn't even ask me for an employee letter/pay stubs. I was present for the interview. Also, I have a professional job with the state government so maybe the job itself affects their decision making.

My advice is to make sure you have a backup co sponsor.

Best of luck!
krystiandjonNot TellingUnited Kingdom2009-06-03 08:52:00
US Embassy and Consulate Discussionvisa waiver program
When you were refused entry, did they tell you you were no longer eligible for the visa waiver program?

I've heard of people being allowed to enter for a very short time for funerals, but never weddings. Not that I'm saying they wouldn't do it.

Since you're just in the petition stage, as far as I know you can apply for a visitor's visa at the US embassy. If you've been deemed ineligible for the VWP, your explanation of the wedding might be enough to get you a visitor's visa. Then you're gambling a lot less at the port of entry.
krystiandjonNot TellingUnited Kingdom2009-06-04 10:33:00
US Embassy and Consulate DiscussionForeign State Chargeability....potential problem?
Hi all.

I have just recently had our petition move from the NVC to the London consular. I have noticed that they have put me down as a South African(my country of birth, as well as nationality) as my Foreign State Chargeability. When We applied I put down my nationality as British(I'm a citizen through my mother.) as I am living here at the moment, and presumed it would be best and make things less complex. On the forms from packet 3 it does ask about dual nationality as well as any countries ever issuing you a passport. So nothing is hidden, and I am a legal and entitled national of both countries. What I want to know, is this going to be a problem when I get down to the interview? A little confuzzled, and a little anxious....Man this process is taxing on the soul! Any words of wisdom or reassurance would be gladly received!

Many thanks.
Jon.

PS. our lawyer seemed to think it's fine, but then again? wacko.gif


krystiandjonNot TellingUnited Kingdom2009-03-25 15:29:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsUSCIS Security Checks @ CSC
We too are waiting in background checks as a late july/early august filer. Weren't sure what the holdup is until reading this. My sister applied for a secret clearance at about the same time as we petitioned and she hasn't heard anything about that either (her colleague received his months ago) ...or perhaps our issue is Jon got turned away at the border last June. Well, hoping to hear something in the next month or so!
krystiandjonNot TellingUnited Kingdom2009-02-02 16:34:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsPeople with recent NOA2 from CSC
QUOTE (laura819 @ Mar 17 2009, 12:49 PM) <{POST_SNAPBACK}>
Can anyone who's gotten their NOA2s in this last week possibly share where the USC is from?? I am still hoping for mine this week, since a few January approvals have happened, but I live in Indiana so I am trying to figure out if its still a possibility mine is coming....Thanks smile.gif


Ignoring all of the buzz kill responses you've gotten, our hardcopy NOA2 took a full week from approval to my mailbox and I'm in the middle of nowhere Iowa.

And just a reminder (you've gotten plenty of them, I know), getting your hopes up leaves you open to great disappointment. Good luck!
krystiandjonNot TellingUnited Kingdom2009-03-17 16:19:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsOH...No problem, Just wait another 6 Months!!!!
Yeah, I remember getting that letter, after waiting over 6 months, to call again in 6 months. Its heartbreaking, isn't it?

It sounds to me like you're stuck in the dreaded "security checks"

I know its hard to stay positive. Really hard. I guess all I can say is keep your chin up!
krystiandjonNot TellingUnited Kingdom2009-04-08 16:26:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsIf Denied for K1 Can We file for K1
QUOTE (ThaitoUSA @ Apr 13 2009, 03:35 PM) <{POST_SNAPBACK}>
Some have suggested that unless the initial reason for denial is not cleared up first, the K-3 shall end up being denied as well. It's very important to find out precisely why one was denied and take care of whatever is asked of you.

Also, looking at your timeline, it appears that you've received an RFE. This is not the same as denial. So long as you adequately provide what was requested, your petition shall likely be approved. One fellow received an RFE toward the end of January and has yet to be approved, but this does not mean there is a problem. Some adjudicators wait a while and then take care of all their RFE petitions at once. Your petition may be delayed for several more weeks.

All the best.


The OP received their RFE over a year ago.

When I was getting nervous about this I could never find a clear answer either. But I think ThaitoUSA is right that what is holding up your K1 could possible hold up your K3.


krystiandjonNot TellingUnited Kingdom2009-04-13 15:49:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsVisa Approved!!!
QUOTE (Cuchita @ May 29 2009, 08:00 AM) <{POST_SNAPBACK}>
WHAT! the whole thing only took you 3 months!, yes I need a drink!.

Congratz! enjoy! kicking.gif


Me too!

Congratulations! Welcome to Iowa! smile.gif
krystiandjonNot TellingUnited Kingdom2009-05-29 08:26:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsK1 visa in Algeria.... A problem
Well, you're going to have to explain to her family how the US visa process works. Either you marry her and she applies for a visa and leaves 6-12 months later or you apply for the K1, she moves to the US, you get married.

Would they be satisfied with a ceremony that was not legal before you leave together? You'd have to be very careful to make sure its not a legal wedding.
krystiandjonNot TellingUnited Kingdom2009-06-16 10:59:00
K-1 Fiance(e) Visa Case Filing and Progress Reportsvisa waiver denial
Hey all,

We received a letter yesterday dated the 11th of March from a senate staffer saying they had talked to a representative at USCIS and we've been APPROVED!

There is hope after all!

Krysti and Jon
krystiandjonNot TellingUnited Kingdom2009-03-13 08:27:00
K-1 Fiance(e) Visa Case Filing and Progress Reportsvisa waiver denial
QUOTE (Caroline_L @ Mar 9 2009, 07:08 AM) <{POST_SNAPBACK}>
Can anyone help me? I would like to know if anyone else was ever refused entry to the US on the visa waiver program prior to their K1 application. I was refused in Sep 2007 when I tried to fly out of Dublin to meet up with my SO in California. I was interrogated and although they had no evidence to deny me, I was told that they were removing my waiver rights because they thought I had intentions to become an illegal immigrant (not the case at all.) I have never overstayed or worked in US or done anything else that was not allowed under the visa waiver stipulations and I had my return ticket booked and showed them this. Anyhow we have since applied for our K1 but it is taking a very long time. We spoke to our lawyer about it and she said that the USCIS were DELIBERATELY PUNISHING us because I was refused on the visa waiver program. She said that they do this sometimes. I'm very confused. She says that they are delaying us on purpose but that we will still get it. It all seems very strange to me and I'm wondering if anyone has had a similar problem.



Jon was also denied entry in June 2008 for the same reason. We too are still waiting for our petition approval.

While I don't think they're being intentionally malicious as your lawyer implied, I do think we're waiting longer because of that incident. We definitely will get a hit on the FBI name checks because Jon now has a file with immigration. All of these people waiting in name checks and being approved last week has given me hope! Hopefully we'll all hear something soon!
krystiandjonNot TellingUnited Kingdom2009-03-09 08:25:00
K-1 Fiance(e) Visa Process & ProceduresNew Job & I-129F, Duel national...Help.
Thanks!

That has been helpful! It helps reassure the mind, you know! Just making sure that this whole process goes smoothly!

Thanks again!

Cheers Jon.
krystiandjonNot TellingUnited Kingdom2008-11-24 17:32:00
K-1 Fiance(e) Visa Process & ProceduresNew Job & I-129F, Duel national...Help.
I have a question about the I-129F. My fiance Krysti recently got a new job, this was after we submitted our application. Does she need to inform the USCIS about her new job? We definitely know that you would need to submit address changes, but never seen anything about job changes? Does anyone know the procedures needed to taken for this situation if any at all? I have a second question. Is there anybody out there a duel national, like myself?(Britain & South Africa) I just want to know if anyone has info on this, like if it makes the process harder or if there are particular steps that need to be taken that are different from normal? EG. a question on the packet 3 form that asks what your nationality is. They only have space for 1. I know I need to put the nationality of the country I am applying from, but I'm sure the US government would like to know if I'm a duel national? If someone could enlighten me on these questions that would be fantastic!

Thanks.
Jon
krystiandjonNot TellingUnited Kingdom2008-11-24 12:19:00
K-1 Fiance(e) Visa Process & ProceduresDenied entry how can that effect K1 application?
QUOTE (YuAndDan @ Dec 21 2008, 04:22 PM) <{POST_SNAPBACK}>
QUOTE (krystiandjon @ Dec 21 2008, 04:57 PM) <{POST_SNAPBACK}>
Hi there!

Well we submitted back in late July and got our NOA1 in early August. We have recently recieved 2 touches. Dec 16 and 17. Now what worries me is that we haven't received a NOA2 yet, which wouldn't ordinarly bother us to much, except for back in June, when I tried to enter the States I was denied access. Now I know this is going to sound stupid. But actually were entering in order to get Married. We had a wedding planned, family were coming everything had been taken care of! We unfortunately didn't do our research properly and after reading on the net that you could enter the states get married and then apply for permanent residence. We also had a immigration laywer confirm that. So alas that is the route we took and got caught out! Now the officers at the point of entry were very nice and didn't deport me because of it. they just said that I would now have to apply for the K1 visa. They said it wouldn't be a problem. As well as our lawyer. they both said that this type of thing is quite common. The worst part is that our lawyer is currently helping a couple who did just this and are now in the states waiting for their green card! Apparently if you make it through undetected on a waiver visa you can actually do this. I also read of a case of this on the net somewhere too! But still I worry! Is there anyone out there that could shed some light and let me know if they have had a similar situation or if you know what influence this could have on our application. Is it possible that this is why there have been touches and nothing since? Please help!
This is what the K-1 is for, if you use VWP or a visitors visa to do this then it is visa fraud. K-1 has immigrant intent, VWP does NOT.

Being denied entry on VWP or as a visitor due to immigrant intent has no effect on the K-1 visa petition or interview.

Similar question asked earlier. http://www.visajourn...h...=168250&hl=

Thanks! It really does take a load off your mind!
I was definitely denied and not deported! They did ask me a lot of questions and I was given a copy of the transcript of my "interegation" I was open and honest with all their questions. They said I'd have a file and that I would need that transcript for my application. Our lawyer sent it in, so as to be totally clear as to all that had happened. So the USCIS has a copy of my papers plus of course access to my case filed by the Cleveland airport security. I prsume this is the delay after the touches! Good to know that this won't have any influence!
Thanks for all the replies! Much appreciatted!!!
krystiandjonNot TellingUnited Kingdom2008-12-21 17:52:00
K-1 Fiance(e) Visa Process & ProceduresDenied entry how can that effect K1 application?
Hi there!

Well we submitted back in late July and got our NOA1 in early August. We have recently recieved 2 touches. Dec 16 and 17. Now what worries me is that we haven't received a NOA2 yet, which wouldn't ordinarly bother us to much, except for back in June, when I tried to enter the States I was denied access. Now I know this is going to sound stupid. But actually were entering in order to get Married. We had a wedding planned, family were coming everything had been taken care of! We unfortunately didn't do our research properly and after reading on the net that you could enter the states get married and then apply for permanent residence. We also had a immigration laywer confirm that. So alas that is the route we took and got caught out! Now the officers at the point of entry were very nice and didn't deport me because of it. they just said that I would now have to apply for the K1 visa. They said it wouldn't be a problem. As well as our lawyer. they both said that this type of thing is quite common. The worst part is that our lawyer is currently helping a couple who did just this and are now in the states waiting for their green card! Apparently if you make it through undetected on a waiver visa you can actually do this. I also read of a case of this on the net somewhere too! But still I worry! Is there anyone out there that could shed some light and let me know if they have had a similar situation or if you know what influence this could have on our application. Is it possible that this is why there have been touches and nothing since? Please help!
krystiandjonNot TellingUnited Kingdom2008-12-21 16:57:00
K-1 Fiance(e) Visa Process & ProceduresBack ground check unit....Help?
QUOTE (rebeccajo @ Jan 12 2009, 07:40 PM) <{POST_SNAPBACK}>
QUOTE (krystiandjon @ Jan 12 2009, 04:28 PM) <{POST_SNAPBACK}>
QUOTE (Carlawarla @ Jan 12 2009, 06:43 AM) <{POST_SNAPBACK}>
QUOTE (krystiandjon @ Jan 11 2009, 07:56 PM) <{POST_SNAPBACK}>
My fiance contacted her senators about our case, and got back a letter from one enclosing a letter from the USCIS, stating our case is still under review by their back ground check unit. She did talk to her Senator's aid, who said it would take between 2 and 6 months to resolve to review. has anyone experienced such things, and be able to shed light on this? Does it really take this long?

Many thanks.
Jon.


Sounds like you're under Adminitrative Review, or Processing. Lots and lots of people here on VJ are going through it, however usually not from the UK. It can take as little as a few months, and as long as a few years. How long have you been waiting right now? You might want to try posting this in the UK regional forum in case there are others going through this process there. Best of luck finding an answer soon!


Not sure if that is the same as Administrative review, the said it was being looked at by their background check unit. Anyway it's been over 5 months since our NOA1, which I know isn't as long as some cases(some over a year...Why?that' just rediculous!) I think it has to do with me being refused entry to the US for intent to marry, that happened back in June 2008. We did send in al the info from my session with Immigration at Cleveland. We disclosed everything so that we aren't hiding anything. honesty best policy right! So We knew I was going to pop up in immigration records, cause they have my fingerprints and statement as well as my picture....it was a pretty picture!! I looked really happy! But we didn't think it would make it take potentially this much longer! 6 months? Maybe a few years! That ludicrous! I'm not a bad person. Maybe being a dual national has something to do with it? But all in all it's legal bot here in Britain and my home country of South Africa. So probably not the issue. Good news is my fiance is coming out to visit me in 3 weeks!!! Yippppeee! That does make me feel much better, plus if the USCIS is busy looking at our case, that means they haven't lost it! Good stuff......Lekker een!(Afrikaans for that!)

Any other feedback would be greatly appriciated!

"I'll drink to your health, share your wealth, run your life and steal your wife. I'm uncle Sam that's who I am."
Grateful Dead-US blues

Always loved that song, never realised the irony it would have on my life! Ahh the Dead!


I think you are saying you were denied entry in June, 2008.

What did they stamp in your passport?

Nothing was stamped in my passport. Yeah it was June 2008. We filed in late July got NOA1 8th August.
They did write a little coded thing in the front of my passport, which indicted I couldn't enter on the WVP(they told me this & so did a lawyer. Have since got a new passport.not that changes much.). I was taken in for an interview, did a whole Q&A on what we intended to do, fingerprints, mugg shot, some friendly banter(telling me it would be ok...but just remember son, you'll need to get a K1fiance visa or we won't let you in! OK?) and then back on the plane for another 8 hours flight! Really not a fun day at all!
krystiandjonNot TellingUnited Kingdom2009-01-13 01:09:00
K-1 Fiance(e) Visa Process & ProceduresBack ground check unit....Help?
QUOTE (KimandRuss @ Jan 12 2009, 03:46 PM) <{POST_SNAPBACK}>
We got held up at NVC for three weeks... as many others have... and with no explanation at all. No criminal record for either of us... no common names... nothing in our backgrounds what-so-ever. It just is what it is. sad.gif

You can be held up for any length of time, yes. But, the majority aren't held up as long as that.

yes, humor is probably your best defense. This is the absolute worse of it that you're in now...stay strong!



Thanks again!

Your words help immensely, many on here I'm sure are grateful for couples like yourselves for all their wisdom and reassurance! I know, no criminal records or dodgy backgrounds. We are both rather geeky characters, who enjoy the simple things. Rather boring as the USCIS is going to find out! So looking forward to Krysti coming out in a few weeks!

Take care, and thanks again!
Jon good.gif

These emoticons are fun aren't they! although I am sure I could have done with some more expressive ones!! whistling.gif
krystiandjonNot TellingUnited Kingdom2009-01-12 16:56:00
K-1 Fiance(e) Visa Process & ProceduresBack ground check unit....Help?
QUOTE (KimandRuss @ Jan 12 2009, 04:34 PM) <{POST_SNAPBACK}>
People get 'stuck' for all sorts of reasons. It could be something as simple as having a name similar to someone on a watch list.

Being denied entry (aka allowed to withdraw your petition to enter the U.S.) should not be a problem... wasn't for us or the many others I know of that have had the same experience. wink.gif


Yeah, I remember you posting that on a query I had about this on here a month back. Thanks again! It really did set my mind at ease. It's just frustrating sometimes, the not knowing how long! Can it really take as long as 6 months? God I hope not! It really would suck if this is because of a similar name issue! What's the chances of another Jonathan Mostert....and an evil version too devil.gif I got to try humour myself!

Thanks for the support!
Jon
krystiandjonNot TellingUnited Kingdom2009-01-12 16:42:00
K-1 Fiance(e) Visa Process & ProceduresBack ground check unit....Help?
QUOTE (Carlawarla @ Jan 12 2009, 06:43 AM) <{POST_SNAPBACK}>
QUOTE (krystiandjon @ Jan 11 2009, 07:56 PM) <{POST_SNAPBACK}>
My fiance contacted her senators about our case, and got back a letter from one enclosing a letter from the USCIS, stating our case is still under review by their back ground check unit. She did talk to her Senator's aid, who said it would take between 2 and 6 months to resolve to review. has anyone experienced such things, and be able to shed light on this? Does it really take this long?

Many thanks.
Jon.


Sounds like you're under Adminitrative Review, or Processing. Lots and lots of people here on VJ are going through it, however usually not from the UK. It can take as little as a few months, and as long as a few years. How long have you been waiting right now? You might want to try posting this in the UK regional forum in case there are others going through this process there. Best of luck finding an answer soon!


Not sure if that is the same as Administrative review, the said it was being looked at by their background check unit. Anyway it's been over 5 months since our NOA1, which I know isn't as long as some cases(some over a year...Why?that' just rediculous!) I think it has to do with me being refused entry to the US for intent to marry, that happened back in June 2008. We did send in al the info from my session with Immigration at Cleveland. We disclosed everything so that we aren't hiding anything. honesty best policy right! So We knew I was going to pop up in immigration records, cause they have my fingerprints and statement as well as my picture....it was a pretty picture!! I looked really happy! But we didn't think it would make it take potentially this much longer! 6 months? Maybe a few years! That ludicrous! I'm not a bad person. Maybe being a dual national has something to do with it? But all in all it's legal bot here in Britain and my home country of South Africa. So probably not the issue. Good news is my fiance is coming out to visit me in 3 weeks!!! Yippppeee! That does make me feel much better, plus if the USCIS is busy looking at our case, that means they haven't lost it! Good stuff......Lekker een!(Afrikaans for that!)

Any other feedback would be greatly appriciated!

"I'll drink to your health, share your wealth, run your life and steal your wife. I'm uncle Sam that's who I am."
Grateful Dead-US blues

Always loved that song, never realised the irony it would have on my life! Ahh the Dead!
krystiandjonNot TellingUnited Kingdom2009-01-12 16:28:00
K-1 Fiance(e) Visa Process & ProceduresBack ground check unit....Help?
My fiance contacted her senators about our case, and got back a letter from one enclosing a letter from the USCIS, stating our case is still under review by their back ground check unit. She did talk to her Senator's aid, who said it would take between 2 and 6 months to resolve to review. has anyone experienced such things, and be able to shed light on this? Does it really take this long?

Many thanks.
Jon.
krystiandjonNot TellingUnited Kingdom2009-01-11 20:56:00
K-1 Fiance(e) Visa Process & ProceduresTrue or False?
QUOTE (tjxu97 @ Jan 21 2009, 12:02 PM) <{POST_SNAPBACK}>
I have read different stories throughout the internet about marrying in the US. I have always been told that if you plan to marry your parnter in the US, they MUST come over on a fiance visa to do it legally. However, I heard and seen more frequently that if they are here as a tourist and we decide to get married after they're already here, then it's legally and we can do the necessary paperwork to keep them here.

Is this true or false?

If true, what steps do we need to take?

Regards,

Jess


Hi Jess!

As for the complete legal stuff on this subject, I'm not a 100%. I do know that technically it's do able. This is what I know, when my fiance and I tried this route. You may enter on a holiday and get married(so long as that wasn't your intention when you entered...go figure! it seems they prefer on the spur of the moment marriages to complete strangers when it come to immigrants) If it is then you must prove that you are not intending to immigrate right off, and will be returning to your homeland to sit out the K3. We attempted this. We were going to get married then adjust status with the USCIS so as to not have to be apart(like said before, this is technically legal if you had no idea about getting married before hand....Off to Vegas!). We got found out at the poe, and I was subsequently denied entry....thank god not deported, and am now sitting waiting on K1. Which I might add is stuck in background checks no doubt because of our 1st attempt. We had to cancel our wedding, which was obviously upsetting to us, family and friends, not to mention, all that planning! Now we are stuck, completely in the dark as to, when, where, and even why our application is not moving! If we hadn't taken advice off the net, or off our lawyer(usless!) I'd probably already be there! If you do go that route, be sure to know that it isn't a sure thing. It can be done, but it can be classed as visa fraud....and trying to prove that you are, like us just trying to be together the fastest way and not trying to break the law, maybe very difficult and ultimately heartbreaking. You will have to prove that you had no intention to marry or relocate in the states before you left.....like I said before that is stupid but that is what they'll want.

I hope that helps, it's what happened to us. God knows I hope it doesn't bite us in the backside.

Take care Jon.
PS. Get the advice of a GOOD lawyer, humour helps with this process too! laughing.gif
krystiandjonNot TellingUnited Kingdom2009-01-21 13:04:00
K-1 Fiance(e) Visa Process & ProceduresIf you've been under AP at NVC, have you gotten your visa?
QUOTE (Badgerella @ Jan 16 2009, 02:46 AM) <{POST_SNAPBACK}>
Nobody knows anything?

It makes me saaaaaaad! sad.gif
And worried.


I understand your frustration and anxiety. We are currently stuck at the USCIS, and of course with no recourse or explanation! It drives you insane, I've sat for hours on end going over every incident that could possibly be the source of this....It's damaging to the psyche and the soul. My fiance was saying that it's ridiculous that they expect people to be satisfied with their reasons(there isn't ever one given!) and that a time period of indefinitely is acceptable! We all have hopes, plans and dreams. Like any couple in the world we just want to be together and to live our lives. This process is wrong on so many levels. The expected wait that they impose is unjustified. The only good from it is that it produces very strong and lasting relationships. All of us here in this boat will find a way, love is what matters not stupid laws and regulations. Just hold on, never look back and head for your future. Stay strong, love will get you through.

I know this doesn't give any answers, but there just doesn't seem to be any real concrete ones. I hope this does help to know you aren't alone.

Take care and stay strong.
All you need is love smile.gif
krystiandjonNot TellingUnited Kingdom2009-01-16 06:17:00
K-1 Fiance(e) Visa Process & ProceduresCanceling K1 petition, filing CR1 or DCF later
My fiance and I are starting to make preliminary plans in case our petition is not approved by this summer. If we wish to cancel our K1 petition, move to his home country, get married and live there while either filing CR1 or waiting and filing directly with the consulate, how do we ensure that the K1 will be properly canceled?

I've read of instances where the petition is approved and then the visa denied at the consulate and then the couple getting married and then at some point the USCIS determines that they "misrepresented" themselves or something like that?

Is this something we should be concerned about?
krystiandjonNot TellingUnited Kingdom2009-02-27 23:23:00
K-1 Fiance(e) Visa Process & ProceduresI-129F at VSC? Notice how it's only CSC folks writing "OMG approved in 30 days?"
I understand that you're unhappy with the wait you've had and the prospective wait ahead of you, but you've got to put things into perspective. You are wasting your time and effort (and probably someone else's time weeding through emails sent to the Inspector General) trying to change something thats not actually mismanagement.

USCIS is a terrible organization, to be sure, but this issue you're talking about is simply the inherent randomness of petitions submitted to two different workstations with time/number variables that are constantly changing. CSC is ahead sometimes, VSC is ahead sometimes. Just cross your fingers and hope you never actually have something to complain about (like Sara, for example, who has been waiting over a year and a half). Right now you're just wasting your breath.
krystiandjonNot TellingUnited Kingdom2009-04-01 21:59:00
K-1 Fiance(e) Visa Process & ProceduresI-129FProcessing Time
QUOTE (phungv @ Apr 5 2009, 08:29 PM) <{POST_SNAPBACK}>
whistling.gif So Me and my fiance are engaged. We both filled out all the required paperwork for the I-129F package. Now for me being in the military, I got the entire package ready to be sent in. But, my fiance needed to get a copy of her passport photo. So before I got deployed, I sent her the I-129F package. She put the color photo copy of her passport in with the I-129F package and sent it off to USCIS in california to be processed. She mailed it off by January 29th, 2009. She tracked the mail and it arrived there somewhere around the 7th or 8th of FEB 2009. My fiance lives in Japan. So my question is that, will there be something wrong if she sent it from japan to california? I put my address on the form so that the NOA1 will arrive in my mailbox in hawaii if everything goes well. It has been 3 months with no word on USCIS. Is their something wrong with my package? Or is it the processing time? I wont get back to hawaii until late this april to find out if i received a NOA1 or not. But my fiance has been reading online that people are receiving their NOA1 and NOA2's after we sent our I-129F package in. So i'm assuming that their is something wrong with our paperwork. It just pains me because I dont know whats going on. crying.gif I'm praying that everything is good with our paperwork. I made 100% sure that our paperwork was ready to go with no errors. good.gif -sigh- Any feedback on this would be greatly appreciated.

Regards,
Confused Sailor unsure.gif


How do you know you havn't heard word from USCIS? Is someone monitoring your mail at home?

You can call USCIS to get your case number and they can tell you if they've approved your petition (which is possible, looking at the recent timelines in California). If they have approved it, it would probably take at least a month to get through NVC to the Consulate in Japan, which is then when your fiancee would hear anything at all (they'll send you a letter, referred to as Packet 3). So there could be absolutely nothing wrong.
krystiandjonNot TellingUnited Kingdom2009-04-05 20:36:00
K-1 Fiance(e) Visa Process & ProceduresSkip K1, enter on a tourist visa and Marry?
Another option you have is to marry in the US on a tourist visa, file the K3 and stay in the US until you have your interview (or until your stay on the VWP runs out, which will probably happen first) and then go back to Norway for the medical/interview. Not necessarily quicker but you don't HAVE to go the K1 route. For the record, I think the K1 is ridiculous because after receiving the visa you have to adjust status (to the tune of a thousand bucks).
krystiandjonNot TellingUnited Kingdom2009-04-14 08:26:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about timelines
Hey Gary,

Another user posted this really great link about packet 3/4. If this applies to you, it'd be good info to know.

http://www.usembassy...services/?p=527


krystiandjonNot TellingUnited Kingdom2009-05-21 23:03:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about timelines
QUOTE (Gary_UK @ May 20 2009, 05:06 PM) <{POST_SNAPBACK}>
Sorry if I'm having a dim moment. but its nearly midnight here and still recovering from my "paper paranoia"
of putting the packet 3 goodies together and have submitted them to the London US embassy.

I have been poking around the time line databases which have a ton of information on them but I seem to be missing
what I am looking for.

Does anyone have any ideas what the average time frames are for k1 applicants between the points of
submitting the packet 3 to the London embassy and getting a date for interview?

Again apologies if I'm having a dim moment, could be just a case of " wood for the trees "

Thank you.


Hi Gary,

Ours seemed to take FOREVER but a lot of that reason is because we've got a wedding planned (for a year after we sent the paperwork, you'd think that would have given us enough time so we wouldn't have to stress!). We had our senator's staffer send off an email and that got us an interview right quick.

But, you can in the timeline search look at the "detailed" results and that will give you packet 3 sent and packet 4 received date for London if everyone has filled theirs in. It will give you a good idea. From my research, it looked like most of the time it took 2-4 weeks with the rest taking about 6-8 weeks and a couple being lost or incorrectly filed by the visa applicant that took much longer.

Best of luck to you!

Krysti
krystiandjonNot TellingUnited Kingdom2009-05-21 16:33:00
K-1 Fiance(e) Visa Process & ProceduresTheoretical situation related to k1 sponsorship and assets
QUOTE (JimVaPhuong @ May 29 2009, 10:16 AM) <{POST_SNAPBACK}>
QUOTE (krystiandjon @ May 29 2009, 07:52 AM) <{POST_SNAPBACK}>
QUOTE (JERIII @ May 29 2009, 08:08 AM) <{POST_SNAPBACK}>
QUOTE (JimVaPhuong @ May 29 2009, 08:56 AM) <{POST_SNAPBACK}>
That would work if your sole intention is meeting the minimum requirements. The sponsor may have to pay taxes on the gift from his family members, and the assets after taxes would have to be at least 3 times the difference between the sponsor's income and the 125% poverty level for the number of people who will be dependent on the sponsor's income.


I'm not sure how to read the comment about taxes. In US tax law, gifts are not taxable for the recipient. They might be taxable for the giver.


Up to a $13,000 gift is tax free. And each spouse can give that amount to each recipient. So they can really give them up to $52,000 (13 from each spouse to child and child in law). And it would be taxable to the giver after that.


I did say MAY have to pay taxes, but I guess JERIII may have read that as WILL have to pay taxes. Since we're talking hypothetical scenarios, I just wanted to make the point that gifts aren't always exempt from taxes. I've seen suggestions on this forum that someone let their parents transfer $50K into their bank accounts so that they could sponsor their fiance, and then transfer it back after they adjust status. The money would get dinged twice for taxes. That's why I asked if anyone has tried depositing a bond, since that would seem like a tax free way to guarantee the beneficiary, and the money would theoretically come back at some point.

The last I read, the exclusion was $12,000, but that was for 2008. As you say, each spouse in a married couple can give separate gifts. Their gifts don't have to each be under the exclusion limit, as long as the combined total isn't more than 2x the exclusion limit.


Yes, I was agreeing with you on that point (I can't imagine it would be necessary for the family to deposit more than 52 grand!)

I've often wondered about depositing a bond. Does anyone know anyone that's ever done this? How much was it?

krystiandjonNot TellingUnited Kingdom2009-05-29 12:01:00
K-1 Fiance(e) Visa Process & ProceduresTheoretical situation related to k1 sponsorship and assets
QUOTE (JERIII @ May 29 2009, 08:08 AM) <{POST_SNAPBACK}>
QUOTE (JimVaPhuong @ May 29 2009, 08:56 AM) <{POST_SNAPBACK}>
That would work if your sole intention is meeting the minimum requirements. The sponsor may have to pay taxes on the gift from his family members, and the assets after taxes would have to be at least 3 times the difference between the sponsor's income and the 125% poverty level for the number of people who will be dependent on the sponsor's income.


I'm not sure how to read the comment about taxes. In US tax law, gifts are not taxable for the recipient. They might be taxable for the giver.


Up to a $13,000 gift is tax free. And each spouse can give that amount to each recipient. So they can really give them up to $52,000 (13 from each spouse to child and child in law). And it would be taxable to the giver after that.
krystiandjonNot TellingUnited Kingdom2009-05-29 09:52:00
K-1 Fiance(e) Visa Process & ProceduresDenial of K-1.
QUOTE (LuckyHelen @ May 21 2009, 05:12 AM) <{POST_SNAPBACK}>
CODE
I am from Ukraine. I got denial of the visa of K-1 the day before yesterday at interview.
Explanations: my fiance petitioned on the former wife 7 years back, they officially divorced in January, 2009. And our relations began in February the last year. His former wife lives to one address with him, it did not please a consul and he drew conclusion, that they live together. Yes, one address, but there are a few apartments in this house, and they live in different apartments. This house is my fiance ownness. They did not divorce because they do not need it it was, but every lived by own life a long ago, and she has already other man which going to get married her. I was not able it to explain it. A consul said that his wife is not American, began to ask me as they met, I did not have been able to answer, I did not know, and  I said that he met her with his friend, but he said that they met also as I with him in Internet. Probably, he thinks that I want to leave to America and paid the fiance of money. It is not truth.

What can we do - to try it to explain and how? Or to conclude marriage in Ukraine and do the visa of K-3?


If your fiance was officially divorced in January 2009, when did you file the petition for the visa? Just to be clear, as you don't have a timeline, you filed the petition after your fiance's divorce was final, yes? I do recall seeing cases where that detail has slipped through USCIS. That would be a legitimate reason for denial.

I think carlawalla gives good advice, have your fiance talk to the embassy and if you have issues getting them to listen, get a congressman or senator involved in your case.
krystiandjonNot TellingUnited Kingdom2009-05-21 09:47:00