ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresMy employer did not pay my Taxes to the IRS
Correction federal minimum wage for person's who receive tips as a normal part of their employment is $2.13. Sorry bout leaving that out. The states have the right to make the minimum wage higher than this if they chose but they cannot make it lower.
belinda63FemaleIran2010-11-22 19:29:00
K-1 Fiance(e) Visa Process & ProceduresMy employer did not pay my Taxes to the IRS
Minimum wage set by federal law is $2.13 per hour. They are required to pay this if the person is an employee of the company. I don't know enough about the difference between an employee and an independent contractor to state if she would fall in the later category but I believe she would be considered under the law as an employee.
belinda63FemaleIran2010-11-22 16:15:00
K-1 Fiance(e) Visa Process & ProceduresMy employer did not pay my Taxes to the IRS
I agree with most of what speedytax has stated. You need to approach your employer (and be prepared to find a new job) and ask if you are an employee or an independent contractor. The difference is as an employer he is required to with hold taxes (federal, ss, medicare, etc.) from your check, actually an employer pays part of the ss and medicare taxes themselves and you pay a part also as deductions and the employer is required to provide a W-2 by Jan. 31.
If you are an independent contractor then the employer is not required to withhold anything from your check and you are on the hook for the full taxes. But the employer must still provide you with a 1099 no later than Jan 31.

Since neither of these has happened I am guessing the owner is either ignorant of his tax obligations or he is ignoring them. Either way you need to report him to the IRS as YOUR obligation to report and pay taxes is not excused by his failure to do so. It might be possible to have the fees and fines waived if the situation is explained to the IRS, essentially your employer jacked you around.

As to the how this will affect the petition you might be able to get away with just pay stubs and a letter of employment for the K-1 interview. BUT when it comes time for AOS you are going to have to provide those tax returns.
I would suggest you get started working on this right away.
belinda63FemaleIran2010-11-22 10:17:00
K-1 Fiance(e) Visa Process & ProceduresNeed help with annulment concern
Contact an immigration attorney. This is beyond the scope of anyone here.
belinda63FemaleIran2010-09-17 17:54:00
K-1 Fiance(e) Visa Process & ProceduresNeed help with annulment concern
Ok so she was married to another person prior to marrying either American citizen? Then neither of those marriages were valid and she obtained her green card and citizenship by misrepresentation. If anyone in the immigration process anywhere at any time discovers she was never legally married to either American she will most likely lose her citizenship.

Now since she has already misrepresented herself on several sets of official documents which have severe warnings about making false statements, the question is how will she explain her prior and current marriages on the application for you?

As a citizen she is entitled to petition for a fiance visa for you BUT she really needs to consult with an attorney as to how her prior misrepresentation will be explained on the application. It asks for all prior marriages along with the dates and the paperwork to prove she is divorced/annulled. How does she intend to explain "well I was already married when I married a US citizen and obtained my green card and them later my citizenship by virtue of my illegal marriage"?
belinda63FemaleIran2010-09-17 17:39:00
K-1 Fiance(e) Visa Process & ProceduresNeed help with annulment concern
There are a few problems here if I read this right.

She married an American and obtained a green card that way. Was it a 2 year conditional green card?

Meanwhile they divorced and she married in the Philippines to a non-American.

Then she left him while still legally married to him and came to the US.

While here she married an American while still legally married to the second husband. Is this correct?

How did she obtain her 10 year green card and how did she obtain her citizenship? Specifically did she obtain the 10 year green card by filing Removal of Conditions based upon her first marriage or the not legal third marriage? Did she obtain her citizenship less than five years after she became an LPR, ie. based upon her marriage to a citizen rather than the standard five year wait?

I ask these questions because if I understand correctly there could be very serious ramifications for her in regards to her status here in the US. As I read it her third marriage was never a legal marriage since she was already married to someone else. Married is married whether it happened in the US or in Timbuktu. You can't be married in one country and not married in another, at least not as far as the US is concerned.

Thus first if she either obtained her 10 year green card or her citizenship based upon her third marriage (to the second American citizen) she obtained it fraudulently since she was never legally married to him. Second if she failed to disclose her second marriage on any immigration documents she is guilty of misrepresentation and could lose her citizenship.


She really, really needs to talk to an immigration attorney.
belinda63FemaleIran2010-09-17 14:43:00
K-1 Fiance(e) Visa Process & ProceduresI 29 f sent back for revocation
the petition is only good for four months, usually when it is returned to the US it simply "dies" because it is expired. I would just request written verification of this, get married, and file that way.
belinda63FemaleIran2009-08-17 18:37:00
K-1 Fiance(e) Visa Process & Proceduresthe courious case of our noa2
You will need the NOA2 for the AOS so contact CSC and inform them you never received it and request a copy of it. Since this is a K-1 case you will have to get a live operator at NVC and they should be able to give you the case number (the one with the embassy prefix). Once you have confirmed it has been sent to the embassy get all the packet three stuff to them so they will schedule the interview. Ankara usually contacts the beneficiary by email with the appointment date letter, make sure they print a copy of this to take to the interview or they will not get in.
belinda63FemaleIran2010-12-09 08:25:00
K-1 Fiance(e) Visa Process & ProceduresAfter Interview and approval how long to get Visa?
Never purchase your plane ticket until you have your visa in your hand. All the wait times are accurate, no one can predict how long it will take.
belinda63FemaleIran2010-08-12 13:55:00
K-1 Fiance(e) Visa Process & Procedureswomen older then there finance
Maybe better to ask in the MENA forum where they have more country specific information?
belinda63FemaleIran2010-12-19 14:46:00
K-1 Fiance(e) Visa Process & ProceduresIf Fiance does not get married within 90 days
Legally the person can stay until the I-94 expires. If they do not marry the K-1 petitioner they are required to leave by that time or they will be out of status. The person, to my knowledge, cannot obtain another visa for the US without first leaving the country. If purchasing a plane ticket is a problem please contact the embassy for your country.

I have feelings and believe this is a horrible situation. I wish I could tell the person who gave up their life in their home country, left everything behind, and came here that it's OK you can stay. I wish I could tell them to hang in there and the potential/present spouse will change. I feel for the person but there is nothing more than can be done other than enjoying their visit to the US.
belinda63FemaleIran2010-12-25 17:52:00
K-1 Fiance(e) Visa Process & Proceduresk-1, married after filing, before VISA interview
If you marry you get to start all over with the CR-1.
belinda63FemaleIran2010-12-10 13:14:00
K-1 Fiance(e) Visa Process & ProceduresHelp! No certificate of citizenship
If worse comes to worse Google CRBA (I assume this was filed to obtain your passport). It is something like $65 to obtain a new one and is well worth having.
belinda63FemaleIran2010-11-08 17:28:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Application Sent Back To USCIS
K-3 is dead but would not apply unless you were married. If you are married now you can apply for a CR-1, if you are engaged to be married you apply for the K-1.

I suggest sending a letter to USCIS requesting the first petition be withdrawn then filing a new petition, either K-1 or CR-1 depending on the marital status.
belinda63FemaleIran2011-01-19 13:11:00
K-1 Fiance(e) Visa Process & ProceduresSorry if this has been asked a million times already
He is not eligible for the benefits but you are. I believe the way it works is he will not be counted as a member of the household for determining the size but any income he has (after he is able to legally work) will be counted as household income. These benefits are usually state specific so the best source of information would be the local benefits office.
belinda63FemaleIran2011-02-03 18:29:00
K-1 Fiance(e) Visa Process & ProceduresMarrying while K1 process is ongoing
If you marry she is not a fiance she is a spouse thus the K-1 would no longer apply in her case. Best to just wait it out and come on the K-1 and get married here.
belinda63FemaleIran2011-02-04 14:02:00
K-1 Fiance(e) Visa Process & ProceduresMarrying my GF who has a tourist visa. Help
Given what you say the CR-1 is the way to go. Have her come over, marry, maybe a short honeymoon, then return to her home. You can start the process while she is here but she should not overstay her visa. About a year from now when your situation is more settled (out of school and working hopefully) she will have her visa and be ready to join you to share the remainder of your lives together.

Read the guides up top paying special attention to the requirements for the I-864, financial support document, and start preparing. Keep in mind, since you mentioned citizenship, she will not be eligible to apply for US citizenship based upon marriage to a US citizen until three years after she receives her green card.
belinda63FemaleIran2011-02-10 06:38:00
K-1 Fiance(e) Visa Process & ProceduresThe worth situation in my life (What if the interviewer forgot to ask police certificate?)
AP can involve a lot of different things. Usually it includes an FBI check of the fingerprints and running his name through the database, as well as possibly including INTERPOL searches, searches of the various countries he has visited (for criminal activity, terrorist links, etc), it may also include checking financial records for ties to terrorist organizations. There are a lot of things they can check depending on the name and places visited.

I would recommend you check the web page they gave you every week and find a good hobby. AP can take anywhere from one day to several years. Not to rain on your parade just being honest.
belinda63FemaleIran2011-02-10 17:56:00
K-1 Fiance(e) Visa Process & ProceduresThe worth situation in my life (What if the interviewer forgot to ask police certificate?)
I am guessing maybe from a country that doesn't require the submission of police reports....such as Iran? If they realize later they need them I don't think it will be a problem to courier or mail them to the embassy.

Sound like he has been placed in AP which is not unusual for this part of the country. I would refer you to the Waivers thread or the MENA thread as appropriate for more country specific information.
belinda63FemaleIran2011-02-10 17:05:00
K-1 Fiance(e) Visa Process & ProceduresNeed Help!
For the child it would depend on how long you have had your citizenship and how long you have resided inside the US as a citizen. It sounds like you don't meet the requirements for the child to acquire citizenship based upon you being a citizen.

You can file a petition for the child to immigrate to the US but it will be difficult without having been married to the child's mother. I would expect a DNA test would be required and the mother would have to agree in writing to allow the child to come live in the US with you.

As to the child's mother, if you wish to marry her you can file a K-1 petition now as a fiance or marry her and file a CR-1 petition for her after the marriage. There is no visa for baby momma until the child turns 21 then she can file a petition for her mother to immigrate here.
belinda63FemaleIran2011-02-23 19:45:00
K-1 Fiance(e) Visa Process & ProceduresK1 PETITIONER FILING INCOME TAX
At the time of the filing are you married or single? Better to wait the two weeks and file as married.
belinda63FemaleIran2011-02-25 17:07:00
K-1 Fiance(e) Visa Process & Proceduresabout clean off record??
Sounds like they are investigating for possible immigration fraud. Don't know how long that takes but it won't go off the record, there will just be a recording of the finding.
belinda63FemaleIran2011-03-06 18:04:00
K-1 Fiance(e) Visa Process & ProceduresQuestions
Lots of general answers here which would require specific information to answer.

1. Why were you refused entrance? And would you attempt to enter again as a visitor (with no visa) or with a specific visa?

2. Any information which has changed since the packet 3 has been submitted can be changed during the interview (except of course for a change of address).

3. If they send an RFE (request for evidence) or request more evidence you are usually given a certain amount of time to submit it. If you are denied a visa or require a waiver you will be informed this at the interview. If a waiver is required you will have to file it within a certain amount of time. If you are denied you will be given a chance to appeal.

4. Depends why you were refused entry. It is always up to CBP as to whether to admit a person or not.
belinda63FemaleIran2011-03-20 15:25:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa to green card
Why are you applying for a K-1 if he does not intend to live here? He can come on a tourist visa/vwp and marry you as long as he does not intend to live here which is what it sounds like.

If he comes on a K-1 visa the visa is void as soon as he uses it. It is a one time use visa. Once he enters on the K-1 you must marry within 90 days and UNTIL he files for AOS and obtains advance parole he cannot leave the country without abandoning his AOS application.

If you marry wait until he is ready to move here and file for a spousal visa.

The purpose of a green card is to live and work in the US, it is NOT a tourist pass.


I see you have already filed for the K-1. Unless he plans on living in the US sorry you just wasted your money.

Edited by belinda63, 21 March 2011 - 10:30 AM.

belinda63FemaleIran2011-03-21 10:29:00
K-1 Fiance(e) Visa Process & ProceduresAP but the case is not in NVC ....When embassy send the case when is on AP
Could be both or either. The AP is usually dependent on the country of citizenship or birth of the beneficiary. Looking for terrorist ties, criminal history, etc.
The of course look at the prior address and any travel history and may request information from any country that person has traveled to.
As to things like the affidavit of support I think it is pretty well accepted at face value but any documents that look "screwy" or altered could be checked. I have also heard of them calling/visiting relatives/neighbors to question them about the beneficiary and the relationship.
belinda63FemaleIran2011-03-22 19:08:00
K-1 Fiance(e) Visa Process & ProceduresAP but the case is not in NVC ....When embassy send the case when is on AP
Thx carolyn, after having that number seared into my brain for more than a year it seems to have vanished like a wisp of smoke.....maybe I can blame it on Immigration PTSD?
belinda63FemaleIran2011-03-22 18:49:00
K-1 Fiance(e) Visa Process & ProceduresAP but the case is not in NVC ....When embassy send the case when is on AP
The Department of State coordinates the AP requests but the embassy keeps the paper copy of the file. You can call DOS to find out the current status but all they will tell you is either it is still in AP or AP is finished. At that point the embassy might do additional checks.
belinda63FemaleIran2011-03-22 18:15:00
K-1 Fiance(e) Visa Process & ProceduresPassport not renew
Take a copy of your marriage certificate with you and all will be good. And maybe get a new passport while you are there.
belinda63FemaleIran2011-03-22 18:48:00
K-1 Fiance(e) Visa Process & ProceduresTaking too long; Lawyer Recommendations
She can apply for a tourist visa but very low chance of approval.
No lawyer nor congressman can speed up the process.
If I understand the five months correctly he should be close to the NOA-2. After that things will start to come together pretty fast.
They should focus on having everything ready to send to the embassy and just try to hang in there a little longer. This is a long, slow process and everyone has to wait their turn in line.
belinda63FemaleIran2011-03-24 10:50:00
K-1 Fiance(e) Visa Process & ProceduresPlease help me PLEASE PLEASE
Yep it sucks, hubby has done that too. They could need anything from him and I don't understand why they can't just mail it in but you know this is the US government we are dealing with.
Try (haha) calling or emailing the embassy and maybe you can find out what they need so he can be prepared to present it. It could be something as simple as verifying dates of travel to another country or they could want a CV or maybe even a list of work associates.

Good luck to you and I hope this might be good news for you and mean the AP is almost over.
belinda63FemaleIran2011-03-27 03:19:00
K-1 Fiance(e) Visa Process & ProceduresBoyfriend in Turkey
Fiance is usually quicker to get him to the US but then there is the wait for the employment authorization and green card which you can't apply for until after you are married and then it takes 3 months+ to receive. This would be a lot of down time for him where he can't work, maybe can't get a driver's license, etc. The positive is my hubby (came on a K-1) used the time to take ESL classes (english second language) and to become accustomed to the US culture.

The CR-1, where you would marry in Turkey, would give him his green card withing weeks of his arrival in the US. And it is overall less expensive.

Please do remember his being from Turkey he will likely have to undergo Administrative Processing which will add time to the visa issuance either way you go.
belinda63FemaleIran2011-04-03 11:27:00
K-1 Fiance(e) Visa Process & ProceduresEXPEDITE FOR MEDICAL CONDITION
HIV has reached the point of being a chronic, but fatal disease. With proper care and treatment the life expectancy can exceed 15 years after diagnosis. Thus it does not meet the requirements for an expedite.
belinda63FemaleIran2011-04-04 13:56:00
K-1 Fiance(e) Visa Process & ProceduresRunaround with USCIS Cust. Svc. phone #
It is my understanding K-1 won't be in the automated system, you must speak to a live person.
belinda63FemaleIran2011-04-15 18:34:00
K-1 Fiance(e) Visa Process & ProceduresMy fiancee and i have a baby
If the child qualifies for US citizenship due to his father being a US citizen (certain requirements apply) he WILL NOT be issued a visa. It will be denied based upon his citizenship. You need to contact the consulate to see if he qualifies for a Consular Report of Birth Abroad to establish his US citizenship.
belinda63FemaleIran2011-04-17 19:12:00
K-1 Fiance(e) Visa Process & Proceduresk1 visa. delay
There is nothing you can do but call DOS to check on the status of the case. AP takes however long it takes and no one can speed it up. Hang in there and hope for the best. Maybe you can use this time to get your house in order for the new arrival, make some plans for places to visit, etc.

Good luck and it will end, hopefully soon.
belinda63FemaleIran2011-03-15 16:10:00
K-1 Fiance(e) Visa Process & ProceduresGot NOA 2 annulment of marraige not over yet
From the Department of State website regarding K-1 petition Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter.

From the I-129...
Question 10 Name of Former Spouses and Date marriage ended. So how was this question answered? If it was left blank that is making a false statement. If a spouse's name was provided then proceed to the next step...

From the instructions for the form
5. What documents do you need to prove that you can legally marry?
D. If either you or your fiance were married before, give copies of of documents showing that each prior marriage was legally terminated.

They did not meet the requirements to file the petition for the K-1 visa and it will be denied.
belinda63FemaleIran2011-04-26 18:37:00
K-1 Fiance(e) Visa Process & ProceduresGetting Married Before Entering US on a K-1
If your heart is set on marrying in the UK then you can do that, first cancel the K-1 then apply for the CR-1 once you are married.
belinda63FemaleIran2011-05-05 17:25:00
K-1 Fiance(e) Visa Process & ProceduresRFEs questions ..
you don't reapply you just respond to the RFE. Actually it is a good sign in a way because it shows they are working on your case. The case is just put on hold until they receive the response then they continue the processing.
belinda63FemaleIran2011-05-11 13:29:00
K-1 Fiance(e) Visa Process & ProceduresCommunication between fiance and parents
I would say photos with family is great to include showing not just you have a relationship with your fiancee but so does your family. But I have question of my own are there particular types of photos they are looking for, my husband loves to take pictures of us when he is kissing me or holding me and afraid they might think that some are just to intimate hugs and kisses......But we don't go to many places when I'm there but have lots of photos to chose from already just don't know how many and so forth...I been there with him 3 times already and we haven' t made it to interview stage yet..

Thanks
Heather RaeFemaleGhana2010-10-23 22:54:00
K-1 Fiance(e) Visa Process & ProceduresURGENT CHEST XRAY ISSUE
The x rays are souvenirs for you to keep I guess. My wife packed hers around when she entered but it was never asked for.
Darryl1MalePeru2010-07-01 12:13:00