ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresQuestion concerning full copies of original package
do let us know how that works for you. wink.gif good luck!
KimandRussFemaleNew Zealand2008-04-24 13:02:00
K-1 Fiance(e) Visa Process & ProceduresQuestion concerning full copies of original package
Certain signatures need to be original on the forms you submit... letter of intent, 4 pages of the g325...etc. It's all noted in the guides. The extra copy is for you in case something happens to the original and then to send to your fiance for reference after your approval. My SO sent me two copies of all originals ..just in case. wink.gif

Unfortunately, they will not expedite because your fiance is pregnant. We'd all be pregnant if that was the case! laughing.gif

It will feel good to send the package off. smile.gif Good luck to you! Come join us in the April VSC thread! smile.gif
KimandRussFemaleNew Zealand2008-04-24 07:39:00
K-1 Fiance(e) Visa Process & ProceduresAssembling the I-129F package


This is a pic of the center partition of our packet. The first section included a coverletter which documented all the sections to make it easy to read. I think it was just over 60 pages total (we've known each other 10 years wink.gif)

Maybe a tad overkill for some but I put myself in the place of the adjuticator looking at the file and wanted it easy to sort through what they actually needed.

I wished someone had posted a picture of their petition as we were putting ours together, which is why i'm sharing it with you. We followed the vj guides and uscis posted instructions.

good luck!
KimandRussFemaleNew Zealand2008-05-01 08:45:00
K-1 Fiance(e) Visa Process & ProceduresRegarding Travel to after receive K1 visa
The K1 has no bearing on her entering any other country. As long as she is free to enter the Phi. it has no effect on her K1. That is for US entry.

Once she enters the US with a K1 she can not travel anywhere without AP (which most apply for with AOS)
KimandRussFemaleNew Zealand2008-04-05 18:03:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about geting married on a Cruise
AP = Advanced Parole

After you are married (within 90 days of entering on the K1) you will then file for AOS (Adjustment of Status). When filing for AOS you can also file for EAD (work auth) and AP (Advanced parole..allowing travel abroad) at no extra charge.

If you leave the US without AP you are abandoning visa and you will have to refile for either CR/K3 visa whilst waiting in your country again. You may file for AP earlier and pay the additional fee but you would have to be married first.

All of this is in the guides and faq's.

good luck
KimandRussFemaleNew Zealand2008-05-05 07:26:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about geting married on a Cruise
Yes, there is a problem. Once the K1 is activated by entry into the US she can not leave the US until she has AP. If you leave, even on a cruise ship, she wont get back in and you will have to be separated again and file for a spousal visa.

You MUST get married within the US and she must not leave the border without AP.
KimandRussFemaleNew Zealand2008-05-04 22:40:00
K-1 Fiance(e) Visa Process & ProceduresCeremony vs. Legal Marriage
Congratulations Candy,

just fyi... the dates they put on the site are the oldest cases they are dealing with. Lots of December CSC filers were approved in the last couple of days. Wonderful to see!!!

best of luck on the rest of your journey...and if you wouldnt mind, timeline.gif It will help with the stats for the rest of the folks here. wink.gif
KimandRussFemaleNew Zealand2008-05-04 10:53:00
K-1 Fiance(e) Visa Process & ProceduresCeremony vs. Legal Marriage
Candy, I think what you have to understand is that different people throughout this process could very well take your version of a 'non-legal ceremony' as legal. No matter what words you find in the law or who says what... from whatever government agency. Nothing in this process is as concrete as it seems. wink.gif

They may tell you one thing, and even show you the law to back that up BUT another person, say the CO or POE officer, may find fault with it...and they have their own laws to back what they say up.

Ulitmately, it's your choice...people here are trying to throw you words of caution because we have seen it happen... more than once. wink.gif

good luck, whatever you decide.
KimandRussFemaleNew Zealand2008-05-01 09:38:00
K-1 Fiance(e) Visa Process & ProceduresCanadian marrying American in the US, but planning to live in Canada
It's really at the discretion of the border control agent who processes you. Technically, you are free to come and marry in the U.S. if you are not intending to immigrate. If the official beleives there is a chance you might come in and stay he will most likely deny you entry. Happened to my fiance too. sad.gif

As stated above, gathering documents to prove you will be returning to Canada is your best bet. I've also heard of others calling the border patrol where they will be crossing to talk to an official about it.

You should be fine as long as you prove your case and don't lie but it is still up to the POE officer.

good luck and congratulations
KimandRussFemaleNew Zealand2008-05-05 07:37:00
K-1 Fiance(e) Visa Process & ProceduresLive with my fiance while waiting
QUOTE (Anglophile @ May 7 2008, 05:03 PM) <{POST_SNAPBACK}>
My fiance wants to stay with me while we fill out the application forms. He visited the first time in Sept 2007 for ten days and again in Dec 2007 until March 2008. Upon his return in Dec, he was told to wait longer between visits next time. No reason given as to why. He explained he was here to visit his girlfriend. Is there any reason they would refuse him even if I could verify his reasons for visiting in, say, the end of May or June?



He was basically giving you a warning. Saying that visits so close to each other and for the max amount of time may alert the poe officer of the intent to immigrate. If it's not for long I wouldn't worry about it too much. However, every official is different so be certain he always takes proof of returning home, is always honest and doesn't offer more than what he is asked. If questioned about the intent he should probably mention he is in the k1 process and doesn't plan on messing that up. wink.gif

My SO was denied entry in Sept 07 but that was after the 5th entry in a year and each time he stayed about the 90 day limit.
KimandRussFemaleNew Zealand2008-05-07 16:48:00
K-1 Fiance(e) Visa Process & ProceduresEveryone loves silly questions =)
Don't use your old checks!!! As stated above, it seems VSC requires now checks to have the current address on them. It's happened to a few people here in the past couple of months.

You can always get a bank check / money order if you want to send it right away. wink.gif

Good luck..welcome to VJ.
KimandRussFemaleNew Zealand2008-05-19 12:15:00
K-1 Fiance(e) Visa Process & ProceduresLetter of Intent to Marry
You are asked for one with the initial petition and then again at the interview with an updated date to prove that this is still your intention.

Because some of you got approved without it only means that you were lucky.

I'd be pretty upset with a lawyer who didn't know enough to send it.

Why risk a delay in your processing when you can take a few days now to get it right?
KimandRussFemaleNew Zealand2008-03-29 10:11:00
K-1 Fiance(e) Visa Process & ProceduresDenied entry once...can we still apply for a K1 visa?
Hi Dave, welcome to VJ.

Your denial at POE wont effect your K1 visa.

My SO ( also from NZ ) was denied entry back in September. He had been in and out of the country MANY times in about a year and a half and was basically living here on the VWP. I was awaiting my divorce and we simply wanted to be together. We were very 'lucky' to get as much time together as we did as he had moved house and quit his job by this point! wink.gif

Anyway, it wont be a problem as long as you have no illegal entry or overstay. smile.gif

Come visit us in the US/NZ regional thread!
KimandRussFemaleNew Zealand2008-05-20 06:53:00
K-1 Fiance(e) Visa Process & ProceduresI need some basic help
Welcome...

How about instructions for filing the I129f directly from the USCIS website. wink.gif Use them in conjuction with the Guides here on VJ and you'll be fine.

good luck.
KimandRussFemaleNew Zealand2008-05-20 11:06:00
K-1 Fiance(e) Visa Process & ProceduresRecently in US on J-1, applying for K-1...
First things first... you need to be certain that you are not subjected to the home residency requirement that states that you must be back in your home country for 2 years after being in the U.S. on a J1. This should have been noted when you first applied for it and it should also be stated on the visa stamp itself.

If you are good to go then i'm afraid there are still no certainties. There are no laws that state you can only visit so many times BUT they will get more and more 'curious' if you are spending more time here than in AUS. wink.gif It is up to the POE official to decide whether or not you are allowed entry. You should not have a problem if you bring enough evidence showing ties to your country and proof that you will return but you should be prepared for the possibility of denial just in case.

My SO was denied entry on his 5th attempt back into the country over the course of a year. Each time he had stayed about 3 months so basically he was living here and leaving to meet the 90 day criteria of the VWP whilst I awaited my divorce to be final. We knew we were pressing our luck and that we were very lucky to get the time together that we did. wink.gif

My advice is to take plenty of proof tying you to your home country. Don't offer any information freely but if you are asked always be truthful.

good luck to you!

Edited by KimandRuss, 20 May 2008 - 06:46 AM.

KimandRussFemaleNew Zealand2008-05-20 06:46:00
K-1 Fiance(e) Visa Process & ProceduresEmbassy mistake/glitch?
Well firstly congratulations on being approved!! That's something to celbrate! smile.gif

hmmmm well I guess it would depend on what paperwork they are missing in order to issue the visa. Is it something they need from you or just something they perhaps need from their internal database to have up and running in order to legally issue a visa? If that's the case, which it sounds like it is, i'm sure their techies are working on it (one would hope anyway) and it shouldn't be long. They probably aren't allowed to give definitive answers 'just in case'. wink.gif I have no idea if this is a common occurrence in Columbia.. have you asked in the regional forums?
KimandRussFemaleNew Zealand2008-05-22 18:01:00
K-1 Fiance(e) Visa Process & ProceduresI-129F AND I-130 TOGETHER ??
You file for both with a spousal visa. You're all set. wink.gif
KimandRussFemaleNew Zealand2008-05-23 06:40:00
K-1 Fiance(e) Visa Process & Proceduresphone cards
It's secondary evidence really.

I have a 10 year log of HELLO NEW ZEALAND phone card purchases from nobelcom that I sent with our petition. I just printed out that I purchased the cards (re-charged the pins online) but it doesn't say they were used to call him. Perhaps the company has a log of what number the calls went to...i never checked. I figured it didnt matter so much to prove the calls went to him as we had so much more evidence but it's a thought if you use the same company and there is a customer service number.
KimandRussFemaleNew Zealand2008-05-23 07:49:00
K-1 Fiance(e) Visa Process & ProceduresK-1 or K-3?
The problem with getting married while on a visitors visa is that the burden of proof is on you to prove the intent was not to marry when he arrived. If he has been in and out of the country several times it would probably send up many red flags to the adjuticator when it comes to AOS.

Here's more info before any decisions are made... http://www.visajourn...page=i130guide2
KimandRussFemaleNew Zealand2008-05-23 11:26:00
K-1 Fiance(e) Visa Process & ProceduresK-1 or K-3?
You can legally visit on any valid visa while awaiting either process but, as stated, it may be harder to prove there is no intent to immigrate if he is self-employed. Lots of people visit of course, but it is always up to the discretion of the POE officer, they are all very different, and there is always the chance that he could be denied entry.

My SO was denied entry in 9/07 on his last visit in (5x's in a year and pretty much living here but leaving every 3 months) for that very reason. We were VERY lucky he got in as many times as he did as he had left his home and a very lucrative job in AUS to come here to be with me. I too was awaiting a long drawn out divorce (my ex just wouldn't sign the papers)..and i'm 38 years young wink.gif... so we have very similar circumstances. I feel for you and hope you can get the divorce settled asap! btw.. depending on where you are from, there is often a nisi (waiting) period after your court date. We had to wait 120 days from our court appearance to have the decree absolute needed to file for the I129f.

best of luck to you

edit; As far as which visa to petition for... it will depend very much on what office you are filing with. Vermont, which is great for K1 filers right now, is not very speedy when it comes to the spousal visa's. wink.gif So, you might want to have a look at the timelines for your location to see where you would be filing and how they are handling each kind of visa.

Edited by KimandRuss, 22 May 2008 - 11:32 AM.

KimandRussFemaleNew Zealand2008-05-22 11:30:00
K-1 Fiance(e) Visa Process & Proceduresquestions on assembling I-129f package
Yes, sign all 4 copies of your G325.

The letter of intent(s) you send should also be originals

You can put "original I129-F submission" anywhere on the envelope. I wrote it right to the side of the uscis adress in it's own space and in larger letters.

I made an exact duplicate of the entire package to send to my fiancee to take to interview once we are approved.

good luck

Edited by KimandRuss, 24 May 2008 - 12:06 PM.

KimandRussFemaleNew Zealand2008-05-24 12:04:00
K-1 Fiance(e) Visa Process & Proceduresnew to forum and need forms for immigration ?
ummm, thanks?

I'm sorry you've had problems but the correct information is posted in the Guides and Faq's of this website as well as the uscis website. You posted this in the K1 (fiancee visa) forum not the K3/CR-1 spousal forum. Most of us are very well aware of how long the process takes and we're waiting our turn like everyone else.

The vast majority of petitions are approved. Those denied tend to be at consualte level and in higher fraud countries. Denials and RFE's are discussed all the time on these boards.
KimandRussFemaleNew Zealand2008-05-27 10:30:00
K-1 Fiance(e) Visa Process & ProceduresQuestion About Evidence
I'm assuming you're filling out the paperwork for the K1 since you have no timeline? You are not required to provide proof of ongoing relationship with the I129f (it's asked for at consulate level) however most do send 'something' with the initial package. We did. wink.gif You can translate the emails yourself to send along with the petition.

Do you also have proof that the the two of you met in person in the last two years besides pictures? This can be in the form of passport stamps...etc. Just be sure to include those as that is mainly what they're looking for at the uscis level.

best of luck to you.
KimandRussFemaleNew Zealand2008-05-27 11:16:00
K-1 Fiance(e) Visa Process & Procedureswhat the heck is consolidation???
I know the reality of it is not funny but... rofl.gif ...that was cute! Talk about mental anguish!

The past two days of touches HAS to mean something girl! You're almost there! smile.gif
KimandRussFemaleNew Zealand2008-05-28 07:23:00
K-1 Fiance(e) Visa Process & Procedureswhat the heck is consolidation???
sounds like great news Sara! good.gif
KimandRussFemaleNew Zealand2008-05-24 11:52:00
K-1 Fiance(e) Visa Process & ProceduresProof of Meeting, Pictures, Receipts, etc ...
QUOTE
Looks fine but remember GUZ is very tough......USCIS maybe fine but you still have to pass the interview.
I would have as much as possible....this is what GUZ will start with. the more the better


Because of the consulate you're dealing with I would second ..and third.. that! wink.gif Send everything you have!
KimandRussFemaleNew Zealand2008-05-28 17:44:00
K-1 Fiance(e) Visa Process & ProceduresI'm only a college student, help please!!!
As long as your co-sponsor meets the guidelines you should be all set. wink.gif

You shouldnt need any other documents but because every consulate is different you may want to check with others who have gone through Thailand to see if they require anything more from you or your co-sponsor.

Take a deep breath...and smile. smile.gif You're almost there!
KimandRussFemaleNew Zealand2008-03-26 10:47:00
K-1 Fiance(e) Visa Process & ProceduresForgotten signature on biographical data form
You'll have to wait and see. They will most likely send you an RFE but perhaps they wont even notice whistling.gif

You did send all four forms for each of you, yes?
KimandRussFemaleNew Zealand2008-05-29 07:15:00
K-1 Fiance(e) Visa Process & ProceduresProbably not the right forum...
QUOTE
The procedure for a wife to take the husband's family name at marriage tends to vary from State to State. Some require a declaration of intent to do so, that may be as simple as checking a box on the license or application for license. When you go to get the license, just ask them and they'll walk you through it. It's an ever day thing.

Her passport won't change so generally you buy airline tickets in the passport name and then if the green card doesn't match the passport, you may want to keep a copy of your marriage certificate to show upon US entry.


No where does your post mention marriage office, and as your statement about passports is in a new paragraph it is not a continuation of the statement in the first paragraph... your second paragraph tells the OP what you think they need to do with regard to foreign travel because you belive the passport wont change....

You like to portray yourself as a man of integraty if that were true you would just have said Opps got that wrong... insted of continuing this telling everyone else that they have not interpreted your post correctly... oh and it is not nice to tell anyone to GFY and FO in a PM it just comfirms how silly you are....

Kez
Kez/JWolfMale02007-08-21 10:42:00
K-1 Fiance(e) Visa Process & ProceduresProbably not the right forum...
QUOTE (pushbrk @ Aug 21 2007, 11:12 AM) <{POST_SNAPBACK}>
QUOTE (MariaDane @ Aug 21 2007, 07:19 AM) <{POST_SNAPBACK}>
QUOTE
You were married in your home country. The OP's fiance will be married in the US, so she will arrive in the US using a passport and visa in her maiden name. Her name will change here, in the US. Depending on the country, it can be very difficult to obtain a new passport without going home but in most cases it can be done. Many find it cumbersome enough that for some time, they simply use their maiden name on their passport.


I was married in the U.S. then returned home to UK. My husband (the petitioner) filed for a K-3.
On my return to the UK i had my passport changed to my married name. I was not married in my home country as you put it!!!


Sorry, I didn't see this post until now. My point was that changing your name at the marriage office didn't get your name changed in your passport. You did the name change in your passport in your home country. Changing the name at the marriage office "won't" change the name on the passport.



Your post does not mention Marriage office at all... Guess you just can accept that you were wrong.... how sad..

Kez
Kez/JWolfMale02007-08-21 10:19:00
K-1 Fiance(e) Visa Process & ProceduresProbably not the right forum...
Was not getting pissy!!!!! just correcting your blanket statement... if you re-read what you wrote it reads that Her passport won't change.... and that is not true... it could change if she chooses to do so... how she would go about changing it will depend on the country that issued the passport.... easier for some not so easy for other but it can be done...

Kez
Kez/JWolfMale02007-08-21 09:14:00
K-1 Fiance(e) Visa Process & ProceduresProbably not the right forum...
QUOTE (pushbrk @ Aug 21 2007, 09:41 AM) <{POST_SNAPBACK}>
QUOTE (MariaDane @ Aug 21 2007, 06:20 AM) <{POST_SNAPBACK}>
QUOTE (Niagaenola @ Aug 21 2007, 08:15 AM) <{POST_SNAPBACK}>
QUOTE
Her passport won't change so generally you buy airline tickets in the passport name and then if the green card doesn't match the passport, you may want to keep a copy of your marriage certificate to show upon US entry.


Most countries allow a passport to be updated with a new name after marriage.... some just make an amendment others you get a new passport... but it can be done so there is no need to have the problem of tickets in one name and greencard in another...

Kez


good.gif

My passport was amended shortly after i was married, i got the old one returned with the corner clipped and a new one sent to me within 5 working days!! Not bad eh Kez, and to think i thought UKPA was slow and would take around 4-6 weeks or so i was told when i took my old passport and application forms to the post office to be check over for the minimal fee!!

Maria


You were married in your home country. The OP's fiance will be married in the US, so she will arrive in the US using a passport and visa in her maiden name. Her name will change here, in the US. Depending on the country, it can be very difficult to obtain a new passport without going home but in most cases it can be done. Many find it cumbersome enough that for some time, they simply use their maiden name on their passport.

For instance, a Chinese woman would have to travel to a Chinese Consulate, in person to even renew a passport without a name change. Some countries have only one Embassy in Washington D.C. The OP doesn't mention the country of origin.


I never said that it would not be difficult to change or renew a pasport... but for you to make a blanket statement that "Her passport won't change so generally you buy airline tickets in the passport name and then if the green card doesn't match the passport, you may want to keep a copy of your marriage certificate to show upon US entry" is incorrect... it can be changed if you wish to do it.... and many many people who are married in the US change their passport after marriage from within the US...

Kez

Edited by Niagaenola, 21 August 2007 - 08:57 AM.

Kez/JWolfMale02007-08-21 08:55:00
K-1 Fiance(e) Visa Process & ProceduresProbably not the right forum...
QUOTE
Her passport won't change so generally you buy airline tickets in the passport name and then if the green card doesn't match the passport, you may want to keep a copy of your marriage certificate to show upon US entry.


Most countries allow a passport to be updated with a new name after marriage.... some just make an amendment others you get a new passport... but it can be done so there is no need to have the problem of tickets in one name and greencard in another...

Kez
Kez/JWolfMale02007-08-21 08:15:00
K-1 Fiance(e) Visa Process & Proceduresfiance unaware of previous marriage
amesina40...

Know one is asking you to give every little detail about your life... you came to VJ and told us that your fiance has been married before but did not know about the marriage... and then she happily gets a divorce for the husband she does not know and is going to marry you.... you then asked us if we thought this was going to cause you any problems...

People are trying to help you but they have questions about the marriage... if you do not wish to post that info then why ask the question in the first place.... I fear you will have many problems getting a K1... this is going to raise very big red flags when she goes for her interview.... the fact that she claims to have no knowledge of the marriage but went on to get a divorce is the part that most interviewers are going to have issues with....

I wish you the best of luck.... I do fear you are going to need it.

Kez
Kez/JWolfMale02007-08-23 05:40:00
K-1 Fiance(e) Visa Process & Proceduresfiance unaware of previous marriage
IMO if someone had used my identity to get married I would be going to the police to have them arrested and get this fake marriage nulled.... I would not just apply for a divorce and go ahead with it.... if I did not get married then why would I need a divorce.... are you sure she is telling you the whole story.... because if it raises red flags to us just imagine what it will do when she has to go for an interview......


Kez
Kez/JWolfMale02007-08-21 15:34:00
K-1 Fiance(e) Visa Process & ProceduresHand-written Birth Certificates??
I have my original birth certificate and it is hand written..... they did not have computers when I was born.... I had no problems using it for USCIS...

Kez
Kez/JWolfMale02007-09-01 22:41:00
K-1 Fiance(e) Visa Process & ProceduresCan my son come back to the States using the K2 VISA
The K2 visa is issued so the child can move to the USA and live there and adjust status with the parent.... it should not be use to just vist and then leave... and it could not be used again.... if the child does not adjust status after entry and then departs the US a new visa application would be needed for the child to return as a tourist or as an immigrant....

Kez
Kez/JWolfMale02007-08-31 11:52:00
K-1 Fiance(e) Visa Process & ProceduresUK cit in USA, Canada day trip?
Yes he can go to Canada for a trip.... his I-94 will still be current on his return so he should not be given a new one... I have done this may times when I used to come over on the VWP and go spend a weekend with a friend in Toronto... I never had any problems... I have entered Canada both by Air and Car from USA...

Kez
Kez/JWolfMale02007-09-05 09:12:00
K-1 Fiance(e) Visa Process & ProceduresWorking in the US with a pending K1
You can not live in the US while a K1 visa is being prosessed... you will have to be in your own country... once a K1 has been approved you can then move to the US and marry within the 90 days allowed.... as for working in the US once a K1 has been approved you can fly into the US via JFK and you will get a temp EAD (employment authorization document) it is only valid for 90 days and you will find it hard to get a employer to hire you for just 90 days... after you are married you will file for AOS (adjustment of Status) and along with that you file for EAD that is valid for 1 year... that will allow you to work until your Greencard is approved....

Even if you were to file today for a K1 visa it would not be approved by Dec 2007...

if you are both living and working in the UK check out if you can do DFC as a married couple as this would be the quickest route and would give you a Greencard from the day you arrive... the other options are K3/CR1 if you are married but it would entail you being apart for some time while it is approved and your then wife has to establish a residencey here in the US...

The guides at the top of this forum will give you full details of all the visas you could file for...

Kez
Kez/JWolfMale02007-09-05 10:47:00
K-1 Fiance(e) Visa Process & ProceduresWhen is it necessary to include a document about name change?
If your name has changed since birth..... for whatever reason, could be marriage, or adoption or you just changed your name....


Kez
Kez/JWolfMale02007-09-17 14:50:00