ForumTitleContentMemberSexCountryDate/Time
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
K-1 Fiance(e) Visa Process & ProceduresWedding after visa in hand
There are beach-y all inclusives in Puerto Rico (such as Copamarina Beach Resort)... unless even that one has shut down xD

And I would not be surprised if there were all inclusives in Florida or Hawaii too.

Last I checked, airfare to San Juan from O'Hare was cheaper than airfare to Miami. xD

Edited by K and L, 12 April 2010 - 12:57 AM.

K and LFemaleBrazil2010-04-12 00:54:00
K-1 Fiance(e) Visa Process & ProceduresCan I apply for a K-1 Visa and a Tourist visa at once?

When you have the K-1 visa you have to get married within 90 days, and after that you have to file I 130

You do not file for an I130 (petition for alien relative) if you have a K1 visa -- it's analogous to the I129F (petition for alien fiancé(e)) form was filled out for the K1 visa. After marriage, people with a K1 visa file an I485 (adjustment of status). The only time a K1 uses an I130 is if they failed to marry within the 90 days required for the K1, or if it has been an excessive amount of time since POE.

Please review the K1 AOS Guide before advising people about how to adjust status, as if someone had taken you seriously, you would have just wasted $355 of their hard-earned money telling them to file for a petition that is typically not necessary.

Edited by K and L, 13 April 2010 - 01:40 AM.

K and LFemaleBrazil2010-04-13 01:35:00
K-1 Fiance(e) Visa Process & ProceduresCan I apply for a K-1 Visa and a Tourist visa at once?
You don't say what country you are from; are you sure that you *need* a visa to visit the US? Many European countries fall under the visa waiver program and you would just need pre-approval.
K and LFemaleBrazil2010-04-12 10:42:00
K-1 Fiance(e) Visa Process & ProceduresWEDDING
We're having a small wedding in a city neither of live in or has lived in (and I don't have family there). I don't think him being in Brazil has changed anything - we could have easily gotten married almost anywhere in the continental US (as he's coming in the summer, when I work in the southwest, and we'll be moving to the midwest, where I go to school, about 6 weeks after he arrives), and we picked the city because it's one we both like. We're having a small wedding (just my family and maybe one or two friends), and it was just a matter of finding vendors, which we used etsy/offbeat bride/yelp/the knot/the interwebs in general extensively to locate vendors whose style we liked and prices we could afford. Once the visa's approved in just over two weeks, we'll lay out the nonrefundable/transferrable date deposits (we've already laid out the refundable ones) and blam, wedding just needs to be paid for! (We're buying my accessories in Brazil when I'm there for the visa, tee hee.)
K and LFemaleBrazil2010-04-18 14:27:00
K-1 Fiance(e) Visa Process & ProceduresCHURCH WEDDING
You can have one ceremony in the US if you have a valid marriage license and an authorized officiate.
K and LFemaleBrazil2010-04-20 23:56:00
K-1 Fiance(e) Visa Process & ProceduresCHURCH WEDDING
According to Mexico Law (which may not be an accurate website for law in Mexico, given it IS in English and all), only civil weddings are legally binding. So, like in the US, there's a licensing/certification process that you must go through to legally get married. If they didn't get a license, they aren't civilly married, and they are good to go.

If the priest insisted on a governmental license, they're out of luck: restart the visa process as a spousal visa, or they need to get a quick divorce.


ETA: wilfinance, church ceremonies without a license are NOT legally binding in the US.

Edited by K and L, 20 April 2010 - 08:45 PM.

K and LFemaleBrazil2010-04-20 20:44:00
K-1 Fiance(e) Visa Process & ProceduresShould I Call USCIS?
90 days is a minimal processing time. Wait another two and a half months (until 10 July), then contact your congressman if you haven't gotten any RFEs or an NOA2.

ETA: Also, given the relations with Afghanistan, I would not be surprised if the process takes longer across the board, and I would tell you to expect AP after the interview, even if you are approved.

Edited by K and L, 21 April 2010 - 05:07 PM.

K and LFemaleBrazil2010-04-21 17:06:00
K-1 Fiance(e) Visa Process & ProceduresK1 Confusion on Ladies Second Marriage
She does have to start over with the K1 with the expired green card, and you may want her to make sure USCIS knows that she's been in Colombia since (xxx), so they don't have her marked for deportation/overstay -- there was someone else here who was recently denied because they got a divorce before the AOS was final, returned to their home country, and didn't inform USCIS.
K and LFemaleBrazil2010-04-22 22:52:00
K-1 Fiance(e) Visa Process & ProceduresK1 Confusion on Ladies Second Marriage
It sounds like she had the conditional green card, but let it expire before filing to lift conditions.
K and LFemaleBrazil2010-04-22 20:09:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS CASHED MY CHECK FOR K-1 VISA
Sit back and enjoy the ride, you've got at least four or five months (or more, depending on your consulate) before you hit K1 approval.
K and LFemaleBrazil2010-05-07 06:37:00
K-1 Fiance(e) Visa Process & ProceduresDoes VO keep the documents?
The only thing that was returned to us at the interview was the original birth certificate. They even kept my W2s.
K and LFemaleBrazil2010-05-10 23:28:00
K-1 Fiance(e) Visa Process & ProceduresPassport as Evidence
I used my passport for my proof of eligibility of sponsorship and included an additional copy of the 4 passport pages (which happened to be on the same page/same side when I had condensed my passport from 14ish pages to 4) with my Brazilian vitur (tourist) visa and entry stamps in the evidence section of our petition package. I did NOT include in that section another copy of my bio page -- but I used my passport instead of my birth certificate and my visa clearly has my name and biographical information on it.


Your British fiancé doesn't need to contribute his birth certificate at this point in time (though it will be required at the interview; I don't know if the UK requires it for Packet 3 or not). His bio page, tourist visa, and related stamps are sufficient for his side of things -- and actually, you COULD just leave it at that if you so desired. If you wanted to include your travel as additional evidence, as others have stated: since you are using your birth certificate for proof of citizenship, you just need your bio page and related stamps.
K and LFemaleBrazil2010-05-11 03:08:00
K-1 Fiance(e) Visa Process & ProceduresShoot.....ah Will this be a issue?....

I was not convicted. Not even close. It does not ask if I have been arrested for DV. So....I didn't answer yes.

Don't worry. You weren't convicted, therefore you were truthful, and it won't be a problem. HOWEVER, that said, it's a good idea to disclose it to your fiancé if you have not already, as it is something that could come up at the interview. UK is a pretty easy consulate, so they won't be looking for an excuse to deny, but if they think your previous arrest for domestic violence could be a red flag, they may bring it up.
K and LFemaleBrazil2010-05-11 14:23:00
K-1 Fiance(e) Visa Process & ProceduresShoot.....ah Will this be a issue?....

Short answer to your question is that your arrest for DV will be an issue due to IMBRA law, but it sounds like an easily solvable problem...

It's a non-issue in this case. The forms specify convictions, not arrests. You can be arrested for breaking every law in the country, but if you're not convicted, IMBRA doesn't apply. Even if she had been convicted, it sounds as though she has a good case for claiming self defense.


2. Have you ever been convicted by a court of law (civil or criminal) or court martialed by a military tribunal for any of the
following crimes:

  • Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse or stalking. (Please refer to page 3 of
    the instructions for the full definition of the term "domestic violence.)
  • Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage,
    holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment or
    an attempt to commit any of these crimes, or
  • Three or more convictions for crimes relating to a controlled substance or alcohol not arising from a single act.
Answering this question is required even if your records were sealed or otherwise cleared or if anyone, including a judge, law
enforcement officer, or attorney, told you that you no longer have a record. Using a separate sheet(s) of paper, attach information
relating to the conviction(s), such as crime involved, date of conviction and sentence.


Edited by K and L, 11 May 2010 - 02:19 PM.

K and LFemaleBrazil2010-05-11 14:14:00
K-1 Fiance(e) Visa Process & ProceduresTourist Visa Denial - Impact on K-1?
In our experience (as L had a failed tourist visa after being forthright about the purpose of the visit to be to visit me and meet my family) was that:

1) We disclosed the B2 denial in the paperwork for the K1 (I don't remember which form asked about denied entry, probably the 156 or 230, but we answered that with "denied B2 visa in July 2009").

2) The didn't need the copy of the B2 denial sheet. The document list for our interview asked for any copies we may still have, but they removed it when we submitted our passport behind the window and returned it to us. It was my observation that they already had a copy of the B2 paperwork in his K1 file already (I recognized the B2 denial letter that was on the right side of his folder). In my opinion, this is because someone along the line just added the K1 to the B2 file. However: we did the K1 at the same consulate where the B2 denial occurred, so if you interviewed at a different consulate, this may not happen.

3) One of the three questions L was asked at his interview was about the attempt to procure a B2 visa. (The other two were: how did we meet, and what is your present career.)

4) We spent far more time discussing my previous trips to Brazil than we discussed the B2 denial. The conversation on the B2 denial in its entirety was:
CO: "I see you applied for a tourist visa last year and was denied. Tell me about it"
L:"Last June, I applied for a tourist visa to visit [K] and meet her family, and it was denied at my interview in July for failure to show ties, and I was unable to visit her in August."


The denied tourist visa did not mean our K1 was denied (it was approved). In fact, it is my opinion that it was just one more piece of evidence showing that we had a committed relationship, as his B2 visa paperwork had my name all over it (sponsoring his trip, the person he would be staying with, purpose of the trip, etc).


As someone pointed out up thread, the two visas are nothing alike. The K1 is treated more like an immigrant visa than a non-immigrant visa (you don't have to prove ties to your home country - you have to prove that your relationship is legit!). As well, from the global statistics for 2009, the K1 has an approval rate of just over 95%, whereas the B visas have an approval rate of 72.6%. Incidentally, my fiancé's B2 denial was from Brazil, a country with a 93% B visa approval rate last year, and we still had no problems getting an approved K1.

Be honest with your denial - they already know about it, and will probably be more suspicious if you do not disclose it.
K and LFemaleBrazil2010-05-14 03:08:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Visa Approval Rate -- 95%

If I'm reading this correctly, 95% of petitions are initially approved. Adding in the "Waived / Overcome" column, there is a 99.37% approval rating. There are similar statistics from the Department of State in recent years:

You are not. Let's look at the K1 line: 27,678 approved visas (first column) + 1,449 denied visas (second column) = 29,127 applicants. If you look, it says that there were 29,127 applicants (third column) and 1,266 overcome visas (fourth column).

This means that the 1,266 overcome were included in the approved visas. This means that initially, 26,142 K1 visas were approved and 2,715 K1 visas were denied, giving an at-interview approval rate of 91.68% and an at-interview denial rate of 9.32%. Ultimately, there was a 95.03% K1 approval rate (and 4.97% were denied and NOT overcome on appeal). Of the initial 2,715 K1s that were denied, 46.63% were overcome on appeal.
K and LFemaleBrazil2010-05-14 03:21:00
K-1 Fiance(e) Visa Process & ProceduresInitial Evidence Request regarding Intent to Marry
As others have said, take the VJ form, put your names/etc in, and sign in a ballpoint pen (color shouldn't matter), and resend. Getting it notarized hasn't been a requirement for the K1.


We provided one [for each] with our submission and an updated [second one - one for each] for the interview/process.

FTR, (and unrelated) Brazil now uses a standardized form for the beneficiary at the interview, and does not require the USC to resubmit a letter of intent.
K and LFemaleBrazil2010-05-15 06:16:00
K-1 Fiance(e) Visa Process & Proceduresg325a questions
I'm filling my forms on my computer and find it it hard to put in my jobs complete address on the g325a, would just the city of place of employment be sufficient?
Sayha or bust.MaleVietnam (no flag)2010-02-13 13:52:00
K-1 Fiance(e) Visa Process & Procedurestwo questions about K-1

An affidavit accompanying the emails that explains the relationship and the use of the terms, could prevent a huge problem due to misperception.

I agree, I just emailed my lawyer to address this. it's not being cute.I don't know what pertains to a Pakistan Engagement but my Khmer engagement is the same one that a married couple would go though. I will tell her to stop if it hurts are chances in our Process
Sayha or bust.MaleVietnam (no flag)2010-02-19 09:04:00
K-1 Fiance(e) Visa Process & Procedurestwo questions about K-1
I was recently engaged in South Vietnam, our Khmer ceremony was the same as a marriage, except we have no license from government. We call each other husband in wife in our letters to each other or on the phone. I too will shortly send in my k1, I hope it's not a problem either, I will have my Lawyer address it if he thinks it necessary. I think it comforts us emotionally to call each other husband and wife. Think about it, we live several thousand miles apart and these are some of darkest days waiting for some stranger to decide our fate. I would think or at least hope the Consulates would take that into consideration if our applications show no sign of fraud. Good luck my friend.

Edited by Sayha or bust., 19 February 2010 - 08:48 AM.

Sayha or bust.MaleVietnam (no flag)2010-02-19 08:45:00
K-1 Fiance(e) Visa Process & ProceduresDivorce Decree or Divorce Cert
I was to send a certificate called Single status from my state, but my attorney had me send in a copy of my divorce decree.
Sayha or bust.MaleVietnam (no flag)2010-03-15 18:27:00
K-1 Fiance(e) Visa Process & ProceduresSupport letter from Politician.

The Senator has 1 or more employees that do nothing but inquire about visa petitions... they will inquire, but you have not filed so there is nothing they will be able to tell you other than what is presented on the USCIS webstite... ater you file, they can send inquiries to ask about the status of your case... the same info that you will get if you send an email... they ust get a response very quick and it will take you weeks to hear back from HCMC when the case finally gets there...

For now, keep working on getting the initial filing as organized and clearly presented as possible.. the easier it is for the CO to see the relationship in the info presented in the initial filing, the better...

There is nothing that a politician can do to get the case processed faster than the protocol that every other case goes through. unless they present a valid cause to have the case expedited which is very rare...
It was once thought that having a senator or congressman contact the consulate carried some weight, but HCMC gets a couple hundred inquiries from congressman and senators each week... they answer them inquiry as simple as they can to get on to the next one... The fraudsters contact congressmen and senators too... anything to try to get the fake marriages approved...

You have more power than any senator or congressman when it comes to getting your case approved.. :thumbs:


My lawyer mailed out my visa packet today from Vietnam,hopefully I will receive on Thursday. I will then send to California and wait for further instruction.
Sayha or bust.MaleVietnam (no flag)2010-04-02 16:28:00
K-1 Fiance(e) Visa Process & ProceduresSupport letter from Politician.

If you know the politician personally, it could have an impact.. otherwise.. the letter will likely mean nothing to HCMC... read the posts of the formerconoff... he addressed communication from politicians in one post...

The best way to avoid a denial is to have a very well prepared filing as well as all supporting documentation presented at the interview..



After talking with a Representative from Senator Tom Harkin, its not a letter of support, they want the petition number and will check on the time frame. I hope there true to there word and hope it gets processed in a timely matter.
Sayha or bust.MaleVietnam (no flag)2010-04-02 15:24:00
K-1 Fiance(e) Visa Process & ProceduresSupport letter from Politician.
[quote name='Gary and Alla' date='14 March 2010 - 06:05 PM' timestamp='1268607943' post='3796399']
Some terminology definitions, please.

I must preusme you mean you haev not sent your PETITION to USCIS for the k-1 visa. A petition is not a visa application and visas are not approved or denied by USCIS. A letter of "support" whatever that means, from a political figure, who ever that is, could not and would not possibly make any difference on a petition approval or denial.

As far as the consulate goes, including a letter with the petition would merely assure they receive it in the appoved petition package. It is no guarantee they will read it, honor it, or give any credence to it. "Frontloading" petitions as it is called can make a difference IF a consulkate denies a visa in the appeals process. I read your question to mean "Can I avoid a denial by sending this letter with the petition?" The answer is probably NO. You can avoid a denial in HCMC by carefully preparing both yourself and your fiancee by using the resources available here on VJ based on experienced people with the HCMC consulate, and fortunately for you, VJ has several very knowledgable and articulate members that have successfully obtained visas in HCMC

That said, enclosing such things in the petition have no bad affect, nor does it have a bad affect on the visa application made by your fiancee in HCMC (SHE applies for the visa, you do not). So no harm done if you include it. Follow carefully the other advice of experienced members here.
[/quote

No I haven't sent in my K1, I wanted to write to my politician possibly to add this letter to my packet. Maybe I'm not politically correct when I say letter of support thats because I don't know what i'm talking about and needed someones advice. Any ideas please reply.
Sayha or bust.MaleVietnam (no flag)2010-03-15 16:59:00
K-1 Fiance(e) Visa Process & ProceduresSupport letter from Politician.

I have a question I have yet to file my K1 visa and will do soon.I've heard of petioners requesting a support letter after the visa is denied but if I could send one along with K1 have you heard that helping out the process? Please enlighten me.

A letter of support from local or state level politician, didn't realize i forgot to state that.

I have a question I have yet to file my K1 visa and will do soon.I've heard of petioners requesting a support letter after the visa is denied but if I could send one along with K1 have you heard that helping out the process? Please enlighten me.

A letter of support from a local or state level politician. I forgot to state that in my question.

Edited by Sayha or bust., 14 March 2010 - 05:54 PM.

Sayha or bust.MaleVietnam (no flag)2010-03-14 17:54:00
K-1 Fiance(e) Visa Process & ProceduresSupport letter from Politician.
I have a question I have yet to file my K1 visa and will do soon.I've heard of petioners requesting a support letter after the visa is denied but if I could send one along with K1 have you heard that helping out the process? Please enlighten me.
Sayha or bust.MaleVietnam (no flag)2010-03-14 17:43:00
K-1 Fiance(e) Visa Process & ProceduresTraveling while waiting for visa
ya I can do that....but....we don't have our K-1....we've mailed it out so I can't exactly get a copy of that!!!! I can gete a copy of the NOA when we get it though.
julesroseNot TellingCanada2010-01-19 12:55:00
K-1 Fiance(e) Visa Process & ProceduresTraveling while waiting for visa
if it's not in the system I shouldnt even need to mention it......just that I'm going to visit my boyfriend on spring break then!
julesroseNot TellingCanada2010-01-19 12:42:00
K-1 Fiance(e) Visa Process & ProceduresTraveling while waiting for visa
thanks!!
julesroseNot TellingCanada2010-01-19 12:26:00
K-1 Fiance(e) Visa Process & ProceduresTraveling while waiting for visa
Thanks so much! that link REALLY helped!

My next question is....when we go to the border is it in the system when they scan our documents.passport that the visa is in processing??
julesroseNot TellingCanada2010-01-19 08:51:00
K-1 Fiance(e) Visa Process & ProceduresTraveling while waiting for visa
alright! and i take it that the visa doesnt get terminated when just travelling to visit?! ----i read that somewhere so I just want to make sure!
julesroseNot TellingCanada2010-01-18 23:19:00
K-1 Fiance(e) Visa Process & ProceduresTraveling while waiting for visa
what were the ties you had that didn't give you access the first few times?! I want to get this right....lol
julesroseNot TellingCanada2010-01-18 18:02:00
K-1 Fiance(e) Visa Process & ProceduresTraveling while waiting for visa
k...glad to know you've actually been through it....cause I've read everywhere people are like yes and others are NO.....I tried calling the US embassy here in Canada today and then remembered it was your holiday in the US so they aren't open....I think i still will call to double check before I sopend $500 on the plan ticket!!!
julesroseNot TellingCanada2010-01-18 17:25:00
K-1 Fiance(e) Visa Process & ProceduresTraveling while waiting for visa
alright... thanks! I just didn't want to get stopped @ the border after buying a plane ticket and everything.....
julesroseNot TellingCanada2010-01-18 17:11:00
K-1 Fiance(e) Visa Process & ProceduresTraveling while waiting for visa
So, would a note from my landlord or college enrollment do?!
julesroseNot TellingCanada2010-01-18 14:42:00
K-1 Fiance(e) Visa Process & ProceduresTraveling while waiting for visa
My fiance (amercian) ....(im canadian) has sent in our K1 forms this weekend.

But, while we wait for my visa can I travel to the US to visit him!?

if not ...can he at least come see me?

thanks!
julesroseNot TellingCanada2010-01-18 14:13:00
K-1 Fiance(e) Visa Process & ProceduresAdopted and Papers for Montreal Interview?!!!
For Packet 3 from the Montreal Consulate, we are required to have our Birth Certificate. I was adopted from Romania when I was a baby but I am a Canadian Citizen.

My mother (adoptive) has my birth certificate somewhere but ya you guessed it....it's written in Romanian!!!

Same with all my adoption papers (which my mom has to find!!!)

Anyone know anything about this or something similar!?!? Do I need those papers? Do they need to be translated?!?!

HELP PLEASE!!!
julesroseNot TellingCanada2010-01-19 22:36:00
K-1 Fiance(e) Visa Process & ProceduresJanuary 2010 I129F filers
We sent ours Jan 16th!!
julesroseNot TellingCanada2010-01-20 20:49:00
K-1 Fiance(e) Visa Process & ProceduresK1 and Pregnant!!!

ohh heyy another person from Sudbury. If you have any questions especially about local stuff. let me know



Sweet...will do!
julesroseNot TellingCanada2010-01-28 14:27:00