ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & Proceduresapply for k ? but work in canada

No...our relationship isn't a short term thing! That came out wrong! We thought about him moving here...but really want to live there. I have the finances for immigration...as long as I'm working that is. My bills are long term (4 years) and he can't afford my payments. We want to make a life together but I have a fabulous job and don't want to leave it. If the cr1 enables me to stay in canada that's fine, but I don't think it allows me to visit there...



Ok thank-you for clearing that up! I wasn't trying to be rude or anything!

Alright, then yes, your best bet is to go with the CR-1 however you need to get married first then apply. You do need to stay in Canada. Once you get your visa you can move to the US and work immediately I believe on the CR-1. This way you can get a job in the US and still have income for your bills since you can work in the US. I'm not sure about visiting!

I know I could visit my fiancé while my K-1 was going through the processes. I just needed to bring strong evidence when I crossed the border that I wasn't planning trying to sneak in before I was granted my K-1.
julesroseNot TellingCanada2010-09-13 20:36:00
K-1 Fiance(e) Visa Process & Proceduresapply for k ? but work in canada

We've considered this for the short term so we both can go back and forth. However, he has a house and I rent. Cost effectiveness means I need to move there. We wonder if we get married do we have to apply for the cr or ir right away? How much time do we have? I have a contract job and he cannot afford to pay my bills at this point. It is all so overwhelming and to think I wouldn't be allowed to come to work is ridiculous.


I believe that you get married before you move on the CR-1. And you file immediately but I THINK you have to still stay in Canada till your visa is approved.

and, well seeing Windsor isn't far driving to Detroit ....if its a SHORT term thing and really not a MARRIAGE thing.....the government will kick you out to begin with. Make sure this is REALLY what u want.....and him too....married to each other!

If it is the short term....stick it out and drive back and forth to see each other as a visitor on the weekends or w/e works & pay no immigration fees. You can't be in the US more then 3 months I believe without getting a tourist visa..... but you CANNOT get married on the tourist visa and stay!

It shouldn't be based on cost effectiveness if it's a true marriage in formation! And wouldn't you NOT have bills once you came to the US since you have to cancel mostly everything and leave everything behind to move to the US except your personal belongings. Even a car (if that's a bill) requires US certification and insurance and license change over. Best to leave as much as u can behind and move w/ the little you need. If the bills are a BIG issue, wait till they're paid off. Cause Immigration is a HUGE BILL!

The reason you can't leave to work back in Canada is to prove your marriage is legitimate and not a fraud.
julesroseNot TellingCanada2010-09-13 20:15:00
K-1 Fiance(e) Visa Process & Proceduresapply for k ? but work in canada

I live and work in windsor, ontario. My boyfriend is in detroit. We would like to get married soon. However, I want to be able to continue working in canada.

I don't care if I obtain a green card in the immediate future. Would like to be able to live with him yet come to work daily. A lot of the forums deal with large distances between people.

Does anyone have experience with this type of situation?

Any advice would be appreciated!



Hi, yah ok ...

1) K-1 means you move to the US get married to your USC (US Citizen) BF and stay here to live--you cannot go back to Canada once you enter the US on your K-1 visa. If you do without authorization your visa is cancelled and you have to file again- not a wise option. Plan on staying.
2) Once married within the 90 day requirement using the K-1, you then can apply for AOS (Adjustment of Status) and EAD (Work Authorization for working in US only) and your AP (Advanced Parole to leave the US).
3) Look into a more effective way to go about moving. the CR-1 means you get married first.
http://travel.state....types_2991.html

However like stated above....A LOT of time is used to process all these and involves a lot of paperwork.

You might want to think about getting your boyfriend moving to Canada in which you need to look on the Canadian government website of immigration. It is a very similar process to you trying to move to the US. Both are costly. I've spent at least $3000 and I'm in the process of getting my Green Card and Work Authorization and we started December 20009. Please check time lines for the quickest possible immigration into the US. However make sure you comply w/ all the recommendations or you'll suffer for not complying.

if you have any more questions about the K-1 I can help yah out and many others here as well.
julesroseNot TellingCanada2010-09-13 19:53:00
K-1 Fiance(e) Visa Process & ProceduresAussie Citizen on K1 just married wants to go to Canada

Can someone tell me please...ASAP???? Does anyone Know?

Ive been in the States for 2 mths now....got married just a few days ago....

We want to go to Canada for a couple of days as part of our honeymoon.....but my K1 visa says only one entry...but I didnt think I needed a visa to go to Canada...therefore....I wouldnt actually be visa ing...my way back into the USA?

So Can I go to Canada prior to adjusting my Status...????

Tar....we are looking on line for a hotel and want to leave tomorrow morning.


hi you can NOT leave once you've entered on a K-1!! You must file for Advanced Parole (AP) .....it usually takes 3-4 months for approval so i wouldn't be looking at hotels....sorry!

Also to speed things up you should file AP,EAD and AOS at the same time.

And you might want to get working on that because there's A LOT of paperwork involved and you must file within your visa expiring/ I-94

Edited by julesrose, 13 October 2010 - 11:53 AM.

julesroseNot TellingCanada2010-10-13 11:51:00
K-1 Fiance(e) Visa Process & ProceduresMedical
I have a question that some of you veterans might be able to answer. My Rezq and I are still waiting on our NOA2 on our K-1 Visa. I've looked again and again on the flowcharts and so forth but I must be missing where to find the answer to my questions about the medical end of things. I know that when one comes here to America that they have to be up on certain shots to be able to enter the country. My question is, when should Rezq have these done? Is this something that comes after the interview or is he supposed to already have them done before the interview? Many thanks and blessings to all that answer!
Rezq n SarahFemaleEgypt2011-10-16 17:28:00
K-1 Fiance(e) Visa Process & ProceduresMy trip home!
^What Inky said.

Wow, a year and a half?! That is crazy awesome you guys finally got to see each other! I filed June 1st. Maybe if we're lucky, we'll both get NOA2s on Monday.. haha.
ashlienFemaleFrance2011-09-04 19:21:00
K-1 Fiance(e) Visa Process & ProceduresGoing to the US while pending K1

Yes, the "2-years" rule doesn't apply to me. :)


Heyy, didopage! That's awesome the rule doesn't apply to you. My fiance and I were freaking out about that in May because he was worried that applied to F-1's heh. He just visited me from France a few weeks ago and had absolutely no problems getting in besides the long wait time at customs.. they saw his F1 visa, asked if he was back for school or visiting and he just said to visit (as opposed to returning to school) and they didn't ask him for any documentation of returning. As far as I've found, the only thing I've seen about a 6 month requirement is the passport validity..
ashlienFemaleFrance2011-10-30 19:06:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS CSC
Almost 150 days. Go go gadget CSC!
ashlienFemaleFrance2011-10-25 15:55:00
K-1 Fiance(e) Visa Process & ProceduresEstimated Total Cost of K1 Visa
All in all, I want to say ours is going to be a minimum of $2500, from start to finish, and probably closer to $2600-2700.

Before entry (~$1110):
* $485 (I-129F, including him mailing his documents to me, and me sending it to USCIS, and extra copies of digital photos)
* ~$325 (medical) <- but your mileage will vary on this, looks like it'd be more like $50+immunizations for India
* ~$225 (travel to/from Rio) <- again, depends on how close she is to the interview location
* $131 (K1 visa interview)

After the marriage ($1390):
* $1050 (AoS, mailing the AoS to USCIS, ordering the marriage certificate)
* $340 (EAD, work authorization after the marriage, while waiting for the green card)

This doesn't include the costs of the fees for the police certificates/birth certificate/military records, of the courier to bring the passport back to him, or of the marriage. It also doesn't include advanced parole requests, which we're not doing. That also doesn't include translations, but at least in Brazil for the (failed - insufficient ties) tourist visa, they didn't seem to require anything in Portuguese be translated to English.

Edited by K and L, 28 October 2009 - 08:40 PM.

K and LFemaleBrazil2009-10-28 20:39:00
K-1 Fiance(e) Visa Process & ProceduresImpact of petitioning on active secrurity clearance
If you did not tell them about her already, you had best do it ASAP. It's revocation worthy to not tell them (ties back to issues of truthworthiness and honesty and from their point of view, if you two had nothing to hide, you should not have problems telling them), if they find out (and they will, because as you know, you have to tell them every little detail from foreign travel and ties with foreigners, and you bet your sweet blippy that an I129F in your name would get their attention when they talked to hte DoS), and you may have fines and/or imprisoned for a period of five years if they think you outright lied to them.
K and LFemaleBrazil2009-11-11 07:04:00
K-1 Fiance(e) Visa Process & ProceduresValid Reason for Extending I-129?
Work backwards! The K1 visa is a multi-stage one. You jointly file the I-129F (which typically takes around 3 months, but can take 5 or longer). With an approved I-129F, you've got 4 months (without doing anything) to interview for the K1 visa. Once the K1 has been issued, you've got 6 months (and only 6 months) to utilize it (and get a I-94 upon arrival). Once you've arrived, the K1 is only valid for 90 days (at which point immigration becomes much more complicated if you marry on the 91st day).

Ffor a July/August '11 wedding, you can't max out the 90 days -- he can't arrive in April. But let's say he comes in mid-to-late June '11, after graduation. This means he'd have to have been approved for the visa in mid-to-late December '10 (6 months earlier). Maximizing the 4 months (without trying to delay more) between the I-129F approval and the K1 interview, your petition would need to be approved in mid-to-late August '10 (4 months earlier). Using the average I-129F turn around time, that means you'd want to file in mid-to-late May '10 (3 months earlier).


But, as Justine+David said, UK has a lower fraud rate, and I've heard that it is more willing to give extensions than some of the other embassies. In all honesty, I would probably consider filing in February or March and delaying the interview until his December/January school break (and hopefully, you can join him - less "for the interview" and more for spending the holidays with him!). That way, if your I-129F takes longer (from RFEs or because the service centers switch from primarily working on K1s to K3/IR1s), or problems occur at the first interview requiring a second interview or additional documentation or AP, it should be resolved in time for your desired wedding date.
K and LFemaleBrazil2010-01-18 05:53:00
K-1 Fiance(e) Visa Process & ProceduresPassport stamp date is wrong!
Are you sure it's inaccurate and not just a bad stamp? 6 and 8 can look similar if the 8 wasn't pressurized enough in the upper right and faded.
K and LFemaleBrazil2010-01-25 07:00:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about Reapplying for K1
If you cancelled it before the NOA2, I don't believe you've got the A#. If you've got the NOA2 from last time, the A# is above the beneficiary's name.
K and LFemaleBrazil2010-01-29 14:26:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Visas Raised to $335 – Previously $131
The new fee is $350, not $335.
K and LFemaleBrazil2010-02-03 16:59:00
K-1 Fiance(e) Visa Process & ProceduresBrazil police certs between noa1 and noa2?
Have her track down the birth certificates (which are good for 6mo, so even if you get a RFE, it should be good at the interview still), get the extra passport-sized photographs (you'll want to get 9-10 to cover everything for the interview and the AOS back in the states). Also have her get examined by her normal gynocologist if she hasn't been this year - the most recommended DoS-certified doctor in Rio (Dr. Joaquim Duarte - (21) 2533-1311) will take a statement of health from her gyno and skip that exam when he does the rest of the physical. Have her check her vaccinations and get those taken care of, as well -- she can call Dr Duarte to get the list of what she needs for her age group and arrange with her normal physician to take care of them.

If you REALLY want to give her busy work, have her start filling out the AOS paperwork -- she can save it on her computer and update it when she has her A# and if she brings ehr computer to the US, she'll be able to update it with the I-94 and date of entry info.

You can also get her started on assembling the evidence of an ongoing relationship for the interview.

Edited by K and L, 04 February 2010 - 02:27 AM.

K and LFemaleBrazil2010-02-04 02:25:00
K-1 Fiance(e) Visa Process & ProceduresBrazil police certs between noa1 and noa2?
Wait until after the NOA2. The interview will be about 2.5 to 3 months after NOA2, so if you get it before, they may or may not accept it. Best to not risk it, eh?
K and LFemaleBrazil2010-02-04 00:12:00
K-1 Fiance(e) Visa Process & ProceduresDoes an overstay past the 6 month rule cause problems with I-129F?

Hunting around on some Snowbirds (Canadians, usually senior citizens, who spend literally all of the winter months RVing around the southern US) sites and forums, it seems that if a Canadian spends more than 183 days in any calendar year they become considered as a "resident alien" for tax purposes.

It's actually not 183 in any one year. They have a formula for it.

y1 => # of days in the us in the current year
y2 => # of days in the us last year
y3 => # of days in the us two years ago

If if the sum of y1 + y2/3 + y3/6 is more than 183, you are a resident alien for tax purposes.

So if you've been in the US 180 days this year and 15 last year, you are a resident alien (180 + 5 = 185), as far as taxation goes. But if you spent 120 days this year, 120 days last year, and 120 days the year before (120 + 40 +20 = 180), you're not a resident alien.



However, a new year has started, and she's spent 0 days of 2010 in the US, so taxation is probably irrelevant (besides, you'll more than likely end up being married by the end of 2010, in which case you'd probably waive your right to be treated as a nonresident alien in order to gain the larger deduction by filing married/joint).

The larger issue is whether or not border patrol will let her in with an ongoing K1. I know the VWP can have issues entering with a pending K1, and I don't know if Canadians have the same issue.

Edited by K and L, 26 January 2010 - 09:28 AM.

K and LFemaleBrazil2010-01-26 09:24:00
K-1 Fiance(e) Visa Process & ProceduresUsing Notary to prove we were together
Also, Gary, unlike the copying of the I-94 (which only proves she entered the country) or including boarding passes, the notarized letter of intent would be primary evidence that they were in the same place at the same time. Photos are still secondary evidence, and most primary proof (such as the boarding passes or entry/exit forms) doesn't really prove they met - just that they had the opportunity to do so.

With as easy and inexpensive as it is to get something notarized, if it puts their minds at ease to have a joint letter of intent (which has to be added to the package anyway) notarized, why not? It's better proof of having met in the last two years than the infamous "ransom photo".

Edited by K and L, 18 January 2010 - 06:42 AM.

K and LFemaleBrazil2010-01-18 06:39:00
K-1 Fiance(e) Visa Process & ProceduresUsing Notary to prove we were together
It's so much easier to get your passport stamped (even if you have to explain to the IO why you want it stamped as they're not automatically stamped ), copy any entrance/exit documents (the I94 in the US, the cartao de entrada/saida in Brazil, etc), save boarding passes, hotel receipts (preferably with both names being on the reservation), atm/cc receipts, visas, etc. And even yes, getting the notary involved (as clinical as it is, it's still primary evidence and thus better to prove "meeting" than any photograph; on the flip side, the photographs can speak volumes about the nature of the relationship, but that's honestly more an issue at the interview stage).

For the *current* purpose of the I-129F (as opposed to the K1 itself), the notarized letter of intent could be proof that you've met... and you have to write the letter of intent anyway. I really don't see the harm of getting it notarized. Go for it - it's just one more piece of evidence you've met. The more, the merrier. :)
K and LFemaleBrazil2010-01-18 06:28:00
K-1 Fiance(e) Visa Process & Procedures129F question 18--"how we met" supplement concern
Seriously, for the I-129F, they don't care about the story. The embassy will for the K1, but the I-129F stage? Pffth, they just want to know if you have met.

Ours was similar to Vanessa & Tony's: "K visited L in xxxxx, Brazil from xx-yy March 2009 (7 days), xx-yy May 2009 (16 days). K and L will be vacationing together in Recife, Brazil from xx Dec 09 - xx Jan 10 (32 days)." Our evidence was my passport stamps (Brazil entrance/exit, US entrance) for the two trips, a photo from each trip, two boarding passes, a random hotel receipt, and the itinerary and apartment lease for the Recife trip (as we had sent our I-129F in October). We were approved without RFEs and will probably get approved at the interview.
K and LFemaleBrazil2010-01-28 04:17:00
K-1 Fiance(e) Visa Process & ProceduresNational Visa Center
FWIW, we've been trying to do that, and Rio says they don't have the petition yet, even though the NVC says Rio has had it since the 1st. I'm guessing people have been taking too much time off preparing for Carnaval or otherwise out on summer vacation - not really a huge deal, but I wish they would at least be forthright with what's going on when it's fairly easy TO contact the NVC to find out. :wacko:

Prezado sr.

Este setor ainda nao tem registro do referido processo. Se o mesmo ja foi aprovado, aguarde ate recebermos. Tao logo recebamos o seu processo, voce sera informado atraves de correspondencia normal. Queira, por gentileza, aguardar ou entre em contato com o Centro Nacional de Vistos (NVC): nvcinquiry@state.gov

Atenciosamente,

Consular Communications Office

United States Consulate General

Rio de Janeiro - RJ - Brazil


Since I know that VJ discourages native language outside of regional areas, this is my rough translation of the email.

Good evening, sir,

We do not have a record of the referred petition. If it has just been approved, please wait until we have received it. Once we have received your petition, you will receive your information via SedEx [the Brazilian equivalent of USPS]. Please wait or contact the National Visa Center (NVC): nvcinquiry@state.gov.

Regards,

Consular Communications Office

United States Consulate General

Rio de Janeiro - RJ - Brazil


K and LFemaleBrazil2010-02-11 11:19:00
K-1 Fiance(e) Visa Process & ProceduresNational Visa Center
They'll send you a letter saying that they're sending it within the week. They overnight the package to Brazil.
K and LFemaleBrazil2010-02-10 00:27:00
K-1 Fiance(e) Visa Process & ProceduresTotal fees for K1 just to get here
Please re-read what I said - you even quoted and bolded it "you can get [the EAD and AP] with the I-485 for free"

The K1 is eligible to file for EAD (and AP), all you need is the I94 (and in fact, you can get it at JFK without having to wait). However, they expire with the I94 at 90 days, and both take about 3 months to come, which means if you're not coming in at JFK, it's useless - it won't arrive until after it's expired... which is why it's not worth it. Maybe you'll get lucky and it comes in 2 months, but a month of additional work eligibility may or may not be worth it if you're not making a fair amount of money.
K and LFemaleBrazil2010-01-28 15:21:00
K-1 Fiance(e) Visa Process & ProceduresTotal fees for K1 just to get here
There are several fees for the K1:

* The I-129F fee ($455)
* The interview fee (which will be $350 if you're just starting, but are presently $131)
* The medical fees (vary by country and what your fiancé(e)'s insurance covers; in Brazil, it's R$300 ($161) for the medical, R$150 ($80.50) for the blood test, and R$20 ($11) for the x-ray)
* The I-485 post-marriage AoS ($1010)

As well as two optional ones (employment authorization, $340, if they want to work between arrival & the green card, but not really worth it; advanced parole, $305 -- both of these are only good for the 90 days before the I-94 expire and you can get with the I-485 for free).


This is in addition to any and all travel-related expenses.

Edited by K and L, 27 January 2010 - 09:16 PM.

K and LFemaleBrazil2010-01-27 21:13:00
K-1 Fiance(e) Visa Process & ProceduresEngagment ring and bringing across the border...
I brought my engagement ring to Brazil, because it was cheaper to ship it to me than to him (by about $50). I didn't declare it because as far as I'm concerned, I was coming with it, and leaving with it, even if it came in a box that was given to him shortly after landing and left on my finger :P
K and LFemaleBrazil2010-02-20 18:19:00
K-1 Fiance(e) Visa Process & ProceduresI-129-F - Copy of USC Passport
If you're using the stamps, you should make a second copy of the pages with your stamp, so you can highlight them with the evidence of having met.
K and LFemaleBrazil2010-02-27 14:41:00
K-1 Fiance(e) Visa Process & ProceduresTraveling out of USA to visit fiance - Questions
You should let them know before you go, in case you get a RFE, as RFEs are time sensitive. Your case will be close to being done while you're gone.

If you have no RFEs, there's nothing more on your end - they send you some snail mail (NOA2, NVC).

The NOA2 is just a notice like the NOA1.


Bringing the documentation is a good idea. He'll need it for packet 3 IIRC. :)

Edited by K and L, 05 March 2010 - 08:03 PM.

K and LFemaleBrazil2010-03-05 20:01:00
K-1 Fiance(e) Visa Process & ProceduresAge Difference Red Flags?
2 years, with Canada, shouldn't be an issue.

Think about the culture of the country in question, eh? Canada's similar to the US, and a few years either way really isn't frowned upon here. It's not very popular, right, but it's not *frowned* upon. Whereas in some countries (like MENA), there's more a cultural emphasis on having kids and thus an older women is somewhat frowned upon because she's got that less time to breed (but even then, I imagine 2-3 years isn't as bad as 10+ years). And of course, with MENA, there's already an assumption that you're guilty until proven innocent in the whole process, so the age difference isn't just a little thing like it is elsewhere, it's a huge red sign saying "look for any other reason this could possibly be fraudulent".
K and LFemaleBrazil2010-03-06 07:03:00
K-1 Fiance(e) Visa Process & ProceduresAge Difference Red Flags?

It will be interesting to see how we fare seeing as there is a significant age difference ( he is 25 and I am 45) however he is from the United Kingdom. I find it interesting that they are allowed to be so discriminatory. If I was a man, there would likely be little notice of the age difference.

I have just completed the package (Finally) and I will be mailing it in tomorrow.

Technically, they can't deny us on the basis of age, as USCIS knew the age difference. But that doesn't mean they can't and won't use that as a kick off point if there is anything else "off" that makes them think that it's just being used for a green card. Just be aware that it's a red flag, and make sure your interview prep is good, and your evidence is solid.
K and LFemaleBrazil2010-03-04 08:30:00
K-1 Fiance(e) Visa Process & ProceduresAge Difference Red Flags?
13 years, younger woman rarely sees problems (so long as everyone's legal :P)

13 years, older woman could be problematic, even in low fraud countries.


I've got closer to 10 years than 9 over L, and we're pretty sure we won't get thrown into AP unless they wig about the age difference, and if they ultimately deny us, I'll just move to Brazil in the fall, become fluent in Portuguese, get a job, and in a few years, we'll DCF. Not our first pick (but a wicked cheaper one), but our families support us either way.

Edited by K and L, 26 February 2010 - 01:49 PM.

K and LFemaleBrazil2010-02-26 13:48:00
K-1 Fiance(e) Visa Process & ProceduresMajor Problems with USCIS - anyone else?
FWIW, the UK visa is a ton faster. I don't know if it's cheaper, but my friend and I started our visas at the same time (mine to bring L here, her to immigrate to the UK) and she moved to the UK before we even got our NOA2, and we had a *fast* NOA2. Though, she was from Aussie, so there may have been Commonwealth-related stuff to speed it up...

Edited by K and L, 28 February 2010 - 07:32 PM.

K and LFemaleBrazil2010-02-28 19:32:00
K-1 Fiance(e) Visa Process & ProceduresIncreased VISA fee has taken effect!!!
Our interview is in about 4 weeks and the consulate told us that the price will be $131, and the State Department still lists $131 that as the fee. Our letter of confirmation was dated 18 Feb.

The K1 visa increase won't be in effect for a few months yet IMO. Just remember, it's considered a one-time entry NIV, not an IV (even if it's otherwise treated like an IV).

Edited by K and L, 12 March 2010 - 05:58 AM.

K and LFemaleBrazil2010-03-12 05:56:00
K-1 Fiance(e) Visa Process & ProceduresResidence question for g-325a
Honestly, I put down every place I have lived in the last 5 years, and I had to do a supplementary form. So what if I was only there for 3-7 months? I held a lease, paid utilities. It's trackable - every damn one shows up on my credit report, and they can and very well may do do credit checks on you both as part of the background checks. I know they do for security clearances.

So what if she was on a tourist visa? The point of the residential query is to know where they need to look, for background information. She was in the US, tell them that. They already know she was here on a tourist visa and how long she was here - they want to know where she lived during that time, to make sure she was a good girl.

Lying and misrepresentation is a SERIOUS offense in immigration, and it is always in your best interest to be honest. She was not physically in Argentina, and was not there for 5 months. For all purposes, she was residing in the US.


Also, IMO, showing she was residing in the US for those 5 months gives you more evidence that you'd met, that you'd established a real relationship, etc. Makes things easier later on.

Edited by K and L, 23 March 2010 - 12:46 PM.

K and LFemaleBrazil2010-03-23 12:42:00
K-1 Fiance(e) Visa Process & ProceduresNOA1 error, Replacment NOA1
Oh, and you should call them back again. Lather, rinse, repeat until they get it correct. You shouldn't be "losing your place in line" because your original date's maintained, and it will be a *bigger* mess in the end if the name's not right. :)
K and LFemaleBrazil2010-03-25 20:39:00
K-1 Fiance(e) Visa Process & ProceduresNOA1 error, Replacment NOA1
Your priority date is the date of your original NOA1.
K and LFemaleBrazil2010-03-25 16:47:00
K-1 Fiance(e) Visa Process & ProceduresPlanning the wedding before you get a yes?
Our K1 interview is next week. We have planned the wedding in August -- a year after we decided to get married, roughly 10 months after we started the visa process, right around 4.5 months after the interview, and about 7 weeks after our intended POE. But we've planned it in such a way that the date is very flexible - if the visa goes into AP or is returned or otherwise aren't approved next week and it takes so long that we are forced to reschedule, we aren't taking a financial hit. We talked to our vendors and explained that we cannot confirm the date until after his visa is approved, and we worked out something with all of them. Some are giving us a refund on the deposit if they've got at least 6 weeks notice, others are letting us wait 3 months ahead to put down the deposit and penciling us in until then, one has a nonrefundable deposit but will allow us to alter the date without a new deposit, etc. They're all very understanding, and it wasn't at all a big deal and knock on wood, we won't actually need to use any of the flexibility we intentionally made a part of the contracts.


Anyway. My advice is twofold.

First: pick a reasonable date. Do your research for your embassy (do they require packet 3? how long do they usually take to give you the date after it's returned? is ap standard for the area? are you in a high fraud area? is TB common in your area?), and consider your situation. If you have some red flags, make sure you have them addressed suitably before the interview. If you know you might have issues due to known automatic waivers (drugs, criminal background, previous illegal presence in the US, previous illegal work in the US), just ... don't even bother, the waiver process is not simple and it can take some time.

For us, when we picked the initial date, we knew that the CSC was cranking out approvals about 3 months after receiving the petition and Brazil was typically interviewing 2 months after that. Brazil typically approves without AP and from what I hear, rarely bounces back applications (unless they're required to or there's something seriously hinky going on). So we knew that we had, roughly, April through December (March+6mo->Sept+3mo->Dec) to play with if it took an average amount of time, and we knew it had to be after June anyway (he teaches). We decided that August should allow for a reasonable amount of time to pass in case there was some AP or what not, and would really be a better time for me academically speaking (as I'm a graduate student) - it'd let us have a little more time to ourselves.


Secondly, don't just pick your vendors blindly. Interview potential vendors. Get a bidding process, and let them know that a little flexibility can go a long way (such as deposits being refundable more than x weeks in advance, or being willing to pencil you in for a month and give you the opportunity to pay the deposit if someone else is interested in the date, etc). Talk to more than just one company; if one vendor hears that another of the same sort is willing to be a little flexible, they may be willing to offer the same flexibility to get your job. In this economy, if what you're wanting doesn't require actual commitment on their part (pre-purchasing goods, significant time in prep work/research), they really can't afford to say no flat out. There are always other venues, there are always other vendors (including DIY). It's like buying a house: you may love it, but if they're not coming to your terms, it just wasn't met to be, and you will find something that you will also love.


Oh, and linking the two together: requiring a specific date before you have your NOA2 is a bad, bad idea. There are several people in my filing month (10/09) that still haven't gotten theirs or are going through NVC still, whereas the majority have gotten to the point of having an interview date (if not a visa!) by now. There are so many variables, and yeah. Wait until you're through with NVC and your petition is on its way to the consulate to pick a date, and waiting until you've got an interview date (especially if your consulate has the packet 3 process) is even better.

Edited by K and L, 04 April 2010 - 03:36 AM.

K and LFemaleBrazil2010-04-04 03:31:00
K-1 Fiance(e) Visa Process & ProceduresCare Packages
Also, realize that even if it's not restricted, there may be customs fees involved, especially for things like electronics. Of course this is highly variable by country, but as an example: our first Christmas while we were dating, I bought L a $30 video game ... and the customs fees on it were the equivalent of $50us. Poor guy paid more on his gift than I did!

Edited by K and L, 10 April 2010 - 11:20 AM.

K and LFemaleBrazil2010-04-10 11:18:00
K-1 Fiance(e) Visa Process & ProceduresDual Citizenship
Ah, here is the comparison.
K and LFemaleBrazil2010-04-11 10:23:00
K-1 Fiance(e) Visa Process & ProceduresDual Citizenship
It is an option in Brazil to DCF (in fact, talk to Marina-Del -- she's currently in the end stages of her Brazilian DCF). I didn't mention it because I misread your first post and that you were living in the US, and DCF isn't an option if you're not permanently living abroad for Brazil.

I think DCF in general just isn't as well known about. It is significantly cheaper than the K1 (especially because, filing today, the K1 visa fee will probably be almost the same as the immigrant visa fee that the DCF files), and your wife would be able to work right away as she'd have a full green card. There's an analysis around here over the costs of the IR1/CR1 versus the K1, and as I recall, the K1 is presently $1596 from start to finish (plus medical fees) and the IR1/CR1 (which is what you will end up with with a DCF) is more like $900.
K and LFemaleBrazil2010-04-10 19:13:00
K-1 Fiance(e) Visa Process & ProceduresDual Citizenship
You have to be able to prove you have met your fiance(e) in the previous two years, and that you have a bonafide relationship. The fact that you're both a USC and a Brazilian isn't really a significant help. I mean, yeah, it'll help demonstrate that you've a common language (Portuguese, if not English as well), but I hear Brazil's not a terribly difficult consulate as long as there are no previous immigration issues (entry without inspection, working in the US, visa overstay) or a history with drugs or violence.

You can get married in Brazil, but you will have to file a different set of immigration papers to bring your spouse over and it will be a different visa. The US government recognizes any marriage that is legal in the US regardless of where it was done, which is to say that as long as it's between a man and a woman, it's all good.

You can get married in the US. But afterwards, to have the marriage recognized by Brazil, you must fill out a consulate-specific form ("Formulário para Registro de Casamento”) and pay $20 with the local Brazilian consulate and bring the certificate back to Brazil, to a cartório to be finalized.
K and LFemaleBrazil2010-04-09 16:15:00