ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresDivorce & Petition Fears
Divorce laws are State specific so be sure your divorce is FINAL.

In Massachusetts, for instance, there is a 30 day wait after court and then a 90 day nisi period. Making the final decree 120 days after court appearance. I could not file the petition until that day... even tho we had been separated for years. wink.gif So, that's what I did... the very moment I was able to pick up my decree of absolute, I filed the petition. My new husband is here in the States with me now. He was asked about my relationship with my ex husband and about how our relationship began before I was actually divorced but simply explained that the marriage was over long before the divorce was final.

It should not create any issues for you in London. In some places a short relationship and/or recent divorce can throw up a red flag and make the interview process that much more difficult but we usually find this occuring in higher fraud posts such as China, HCMC, middle east...etc.
KimandRussFemaleNew Zealand2009-01-30 11:14:00
K-1 Fiance(e) Visa Process & ProceduresK-1 visa application after B-2 Tourist visa denial
I think you were given great advice here and most likely have nothing to worry about but it is still important to understand why the work/visitor visa was denied.

If it was simply because they believed you had intent (because of your SO0, or if you are dealing with a high fraud post that does not regularly grant visas that's one thing. But if it was denied because of deportation, previous overstay, crimes...etc. Then there will need to be waivers filed and hurdles to jump to get a K-1 issued.

As I said, you're mostly likely 'ok' but it's important others know all the facts.
KimandRussFemaleNew Zealand2009-04-24 12:27:00
K-1 Fiance(e) Visa Process & ProceduresStill a little confused
Steve and Nathalie apologized and realized their error. Unfortunately, we hear that this advice is given a lot ...supposedly by qualified people who should really know. The lesson here... don't believe everything you hear...even when you think the resource is a good one. Entering with the intent of staying is visa fraud and is punishible by a ban. Enough said on that. wink.gif

OP, welcome to VJ. You will want to read through the GUIDES here on VJ and have a look at the flowchart listed above to see how the process will work. You will also want to visit the Aussie regional thread here on VJ to learn things that may be specific to dealing with Sydney. There's a great group of folks in there that can help lead you through the rest of the process.

As mentioned above, a big part of this is simply waiting but there are things you can prepare yourself for during the wait. My best advice is to learn all you can about the process then prepare as best you can to make it as swift and error free as possible!

Congratulations on your engagment and best of luck.
KimandRussFemaleNew Zealand2009-04-22 11:44:00
K-1 Fiance(e) Visa Process & Procedurescan we reapply for our I-129F?
You must have met in person within the two years previous to filing. You can't simply pop over there now and resond to an RFE with proof of having met.

If I were you, I would send a letter to USCIS cancelling your initial petition for failing to meet the requirement of having met in person. Be sure to state this in your letter so there is no confusion when you do meet again and re-file. You will need to send another packet, including another $455 fee.

good luck!
KimandRussFemaleNew Zealand2009-04-21 11:56:00
K-1 Fiance(e) Visa Process & ProceduresAge difference will matter for K1 Visa
QUOTE
They had a K-1 petition ready to send, two weeks after they discovered each other's existence? They must have started filling out the paperwork on their second or third date! Did they get a visa?


Yes, they were '08 april VSC filers with us. He met her in the Ukraine in March 08 and filed in April. He's also had previous K-1's. They were approved in August and had the interview in November. They are now married. They are not the only ones to have a short courtship...far from it.

To suggest they wait to file the I-129f because they just met in person a couple of weeks ago makes no sense as it's not up to the USCIS to decide whether you are in love 'enough' or not. The law states that you must have met in person within the last two years and that you must both be free to marry and that the usc must be allowed to petition for an alien fiance. That is it.

The Embassy is a different story but by the time the couple gets there (6-12+ months later) it's quite likely they will have enough evidence to substantiate a bona-fide relationship...and because they are not dealing with a 'difficult' post, it's likely their short courtship is not to be questioned at all. Again...based on all the people we've seen go through Peru here...not just blowing smoke.

It's true that no matter what advice you get here (or anywhere for that matter) it is still ultimately up to you to educate yourself but it's also true that some of us have actually been here for quite some time and do know what we're talking about. wink.gif
KimandRussFemaleNew Zealand2009-01-14 09:34:00
K-1 Fiance(e) Visa Process & ProceduresAge difference will matter for K1 Visa
First, I have to agree with sinergy and say that if you are not clear on your answers PLEASE refrain from offering advice before you are sure the facts are correct. These are people's lives we're dealing with her and although this is a public forum and should not be used in place of legal advice, most of us also know that often we find more accurate advice here on VJ. Let's try to keep it that way. wink.gif

As far as the age difference and length of relationship.... much of this is very dependent on the Embassy you will be dealing with. In places like HCMC, Vietnam, China...etc this will most certainly send up red flags and the realationship will most likely be scrutinizied a great deal more than in other Countries.

However, in a place like Peru and from what we have seen here at VJ, this isn't likely to be a huge factor for you. As stated above, the requirement is that you have met in person within the last two years, not that you have sustained your relationship for that length of time. I remember an April filer who petitioned for his fiance just two weeks after they met.

Read through the GUIDES here on VJ. The K-1 GUIDE will walk you through the process. Read the FAQ and the Embassy info/reviews for Peru to find Embassy specific information. Educate yourself the best you can. Collect on going relationship evidence as you wait for the petition to be approved. It seems daunting but knowledge is power....and this is the best place to get it.

good luck.
KimandRussFemaleNew Zealand2009-01-14 08:40:00
K-1 Fiance(e) Visa Process & ProceduresMy Embassy Interview was cancelled a few times by my fiance
The I-797/NOA2 has a 4 month validity period. This date is often extended by the Embassy without issue but, whereas this is your choice/decision to keep cancelling, you will probably want to check with the Embassy to make absolutely sure this is not going to create an even greater problem than continued rescheduling.

As far as your fiance decision to keep cancelling.... only you can decide whether or not the reasons he gives you are valid. I would imagine the continued cancellations would add some scrutiny to your interview but it's hard to say until you get there.

If you are absolutely certain that this is what you and he wants, I would also suggest you go to the interview/cemonar even without all documentation. Everything will just be on hold until you supply what they ask for but at least you/he wont have to cancel again.

good luck whatever road you take
KimandRussFemaleNew Zealand2009-01-08 08:39:00
K-1 Fiance(e) Visa Process & ProceduresTraveling to see each other (US and Canada) after...
Not having strong ties can hurt you whether you have a US fiance, or not. Bring anything you can think of to tie you to home.

I'm sure you will be doing lots of things on your visit... not just visiting your fiance. You know you're not going with the intent to immigrate so why mention something that will surely throw up some red flags? You can be honest without giving them your life story, you know?

If they ask you specific questions...that's a different story. Misrepresentation is a much bigger problem than simply being allowed to withdraw your petition to enter. wink.gif

They will have no record of your K-1 unless you tell them.
KimandRussFemaleNew Zealand2009-03-02 13:02:00
K-1 Fiance(e) Visa Process & ProceduresTraveling to see each other (US and Canada) after...
They most likely will not know about your petition anyway... unless you tell them. wink.gif
KimandRussFemaleNew Zealand2009-02-26 13:41:00
K-1 Fiance(e) Visa Process & ProceduresCan your I-29F application be denied if the petitioner becomes unemployed Please Advise?
I would agree with pushbrk. The I-134 is simply to give the Embassy an idea of the financial status of the petitioner and each Embasy handles it a little differently. As stated above, Manilla tends to be a bit more strict with this and with the ability to use a co-sponser. I too would find a close family member who meets the income guidelines (although any USC is supposed to be ok, Manilla tends to like people who have a vested interest in the couple). Also, have a visit to the PI Regional forum and ask those folks over there.

good luck!
KimandRussFemaleNew Zealand2009-04-24 12:41:00
K-1 Fiance(e) Visa Process & ProceduresAssembling your case file - I129-F petition
laughing.gif Karri, yes you can.

I felt much the same as you when I put ours together. Organizing it as 'we' did helped me to make sure I had everything that I needed and surely it helped them 'tear it apart' and not have to dig through 60+ pages for what they were looking for. That being said, we had 10 years of communication and travel that I accounted for. wink.gif It didn't cost that much and it wasn't so much work to do for my peace of mind.

I made a complete copy for us to keep as well... I plan on making a scrapbook so that we never forget what we went through to be together and so when I talk to someone about immigration, or our love story, I can show them the process.
KimandRussFemaleNew Zealand2008-08-28 08:30:00
K-1 Fiance(e) Visa Process & ProceduresAssembling your case file - I129-F petition
passport photos need to be 2x2. they wont work on a sheet....unless you're small. smile.gif
KimandRussFemaleNew Zealand2008-08-27 21:07:00
K-1 Fiance(e) Visa Process & ProceduresAssembling your case file - I129-F petition
QUOTE (Karri @ Aug 27 2008, 09:53 PM) <{POST_SNAPBACK}>
LOL. You were the one that gave me the inspiration for this! haha. I didn't know how you divided up your stuff though wink.gif



rofl.gif that's even funnier!

I did it much like you. cover letter, I-129f, supplements, Our G325's all in the first section, itinerary, passport, supporting evidence for having met and pictures to go with it all in the center. The last section I put birth certificate, marriage certificate, divorce decree.. etc...

QUOTE (spookyturtle @ Aug 27 2008, 09:57 PM) <{POST_SNAPBACK}>
Did you use a zip-lock baggie or one with the fold-in flap? They prefer zip-locks, otherwise you may get a RFE. laughing.gif


rofl.gif BAD!

You're fine Karri. wink.gif Good luck. It will feel good to get it sent off. smile.gif

Edited by KimandRuss, 27 August 2008 - 09:02 PM.

KimandRussFemaleNew Zealand2008-08-27 21:01:00
K-1 Fiance(e) Visa Process & ProceduresAssembling your case file - I129-F petition
are we twins?

here's a picture of ours.... whistling.gif

that's so funny!

Some might call it overkill but I call it efficient! wink.gif laughing.gif
KimandRussFemaleNew Zealand2008-08-27 20:50:00
K-1 Fiance(e) Visa Process & Proceduresanyone has visited the US while K1 is pending?
This is probably the commonly asked question here on VJ. It's even in the FAQ.

No matter if you have a valid visa and no matter anyone else's experience, it is still up to the CBP agent. If you haven't already spent too much time in the US, bringing ties to your home Country is most important and you SHOULD be able to visit.

My now husband was "allowed to withdraw his petition to enter" in Ireland for intent.... so it does happen. wink.gif
KimandRussFemaleNew Zealand2009-05-19 07:44:00
K-1 Fiance(e) Visa Process & ProceduresPassport Phtotos and G-325A
Just one of each of you attached to your 4 copies of the G325
KimandRussFemaleNew Zealand2009-05-19 08:03:00
K-1 Fiance(e) Visa Process & ProceduresI-129F : Part C. Other information
the example form has.... Not in Military Service ...which is what we put.

also, dont forget to tick a box and answer question 2 in the same section. it's one of the most common RFE's!

good luck.
KimandRussFemaleNew Zealand2009-05-19 07:57:00
K-1 Fiance(e) Visa Process & ProceduresGot an RFE Today - Document Tranlation
USCIS Translation Policy

Anyone can translate the documents.
KimandRussFemaleNew Zealand2009-05-19 08:07:00
K-1 Fiance(e) Visa Process & ProceduresDeclaration of meeting for the I-129F
I would recommend sending some proof of on-going relationship with the initial petition. There is no real need to front-load it unless you're going through a difficult Embassy for the visa but we have had someone get an RFE for more proof of on-going relationship at the USCIS adjutication stage. Better safe than sorry.
KimandRussFemaleNew Zealand2009-05-19 07:38:00
K-1 Fiance(e) Visa Process & Proceduresrecieved reciept today....
Yes, thet is the street address but it is NOT the address listed on the I-129f instructions so do not send it there. Use the P.O. box listed.

We sent it overnight USPS with confirmed delivery.
KimandRussFemaleNew Zealand2009-05-19 08:23:00
K-1 Fiance(e) Visa Process & Proceduresi-129F? and I am new at this
Because you are dealing with China, I would also recommend you visit www.CandleForLove.com if you haven't already.
KimandRussFemaleNew Zealand2009-05-19 08:10:00
K-1 Fiance(e) Visa Process & Proceduresi-129F? and I am new at this
Do start with the K-1 Guide. It will walk you through the petition stage of the process. It will do you good to read all of the information in the links above and then search for older posts to find the answers you may need.

The I-129f is for you to fill out. It is your petition to the USCIS which, after adjutication, allows your fiance to apply for the visa with the Consulate in GUZ.

A G325 must be filled out by each of you. Filling out page one will automatically fill in the other three. You can, of course, fill it all out but she will need to sign it. There's actually a uscis memo which states original signatures missing should be excused but we know here on VJ that we've seen RFE's for missing sig's too so I would recommend having her sign all four pages.
KimandRussFemaleNew Zealand2009-05-19 08:02:00
K-1 Fiance(e) Visa Process & ProceduresError on G325A (Beneficiary's)
You dont mention if you are the beneficiary or the petitioner.

Either way... Honestly, you are probably worrying for nothing. I think we all probably found some sort of error on our paperwork only after the fact and the truth is, many things dont end up being that important afterall. Especially being it was so long ago and not really relevant to your current situation.

You can call the USCIS to try and have this corrected but history has shown us here that even if you do get in touch with someone, it's unlikely the information will even get changed. I would just be sure the correct information is filled out in the future.
KimandRussFemaleNew Zealand2009-05-19 08:16:00
K-1 Fiance(e) Visa Process & ProceduresCo-Sponsor Question
Of course it would be helpful to have a back up plan for when the time comes so do ask her parents, or any other USC who is willing.

The first affidavit (I-134) is not needed until you actually apply for the visa with the Embassy after you are approved by the USCIS. As Rebecca stated, there is no legal ramifications for this. It's simply used by some Consulates to help them decide if you are at risk of becoming a public charge once in the US. The I-864 is filed at AOS, after you are married. Read through the K1 guides and flowcharts, and all the faq to learn more.

There is an AUS thread in the Regional section of VJ that should help you move along if you decide to choose the K-1 path.
KimandRussFemaleNew Zealand2009-05-19 07:53:00
K-1 Fiance(e) Visa Process & ProceduresK1-Visa Fees.. after its overseas..
Manilla Embassy K-1 Visa Guide
KimandRussFemaleNew Zealand2009-03-27 11:48:00
K-1 Fiance(e) Visa Process & ProceduresQuestions on form I129-F / K1
QUOTE
Front-loading petitions to USCIS Service Centers - I recommend it.


Thank you Mr. Ellis. This is good information, especially for folks dealing with high fraud post.

It might also be worth it to mention that although the 'requirement' is not there to supply evidence of an on-going relationship in the instructions, and no matter what you hear from the so-called 'experts', VJ recently had a I-129f filer who received an RFE for proof of on-going relationship. And yes, I did ask them to clarify that it was for proof of on-going and not proof of having met. wink.gif

I would also recommend sending some proof of on-going relationship no matter what Embassy you are dealing with but even moreso for those who will apply for their visa in a high fraud Country.
KimandRussFemaleNew Zealand2009-04-24 12:01:00
K-1 Fiance(e) Visa Process & ProceduresQuestions on form I129-F / K1
As previously stated, HCMC can be an extremely difficult Consulate to deal with.

Be sure to visit the Regional forums here on VJ to learn from others how best to prepare yourself and your fiance for what's to come.
KimandRussFemaleNew Zealand2009-04-21 12:12:00
K-1 Fiance(e) Visa Process & ProceduresHELP! J1 Visa interfering with K1 visa??
If he's not already in the US then stay with the K-1.

#1 - even with a valid visa to the US, if he shows the CBP that he has immigrant intent they will not let him into the Country on that visa.

#2 - since you're already planning to marry and for him to adjust status, it will be much better to know that he came in on a visa that has immigrant intent. No worries for anyone to suspect misrepresentation on his last entry into the Country which he would have if he entered on a student visa.

Just as a side note, there is a waiver for the 2 year home residency requirement. It normally does not create a big problem.
KimandRussFemaleNew Zealand2009-05-25 09:09:00
K-1 Fiance(e) Visa Process & Proceduresfast!cant finish letter of intent - Adresses on it???
If you're sending your I-129f petition then the letter is addressed to the USCIS office handling your case. You can find both addresses (CSC,VSC) listed on the instruction form for the I-129f .

You will both need to send updated letters of intent at the interview stage of the process. These should be addressed to the Consulate handling the interview.

good luck
KimandRussFemaleNew Zealand2009-05-25 09:33:00
K-1 Fiance(e) Visa Process & ProceduresWhat's the first step?
Before you do anything you really must READ THE GUIDES.

Everything is spelled out for you with a checklist. It's very important to get it right the first time or you could be out lots of $ and even worse...time.

Welcome to VJ and good luck with the process.
KimandRussFemaleNew Zealand2009-05-25 09:41:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS vs. VisaJourney
Many times a letter stating as such will be required if the Consulate is asking for 3 years. Your best bet is to contact the Embassy directly, explain your situation and ask what they will require from you based on your circumstances.

It's a long and bumpy road...but it's worth it. smile.gif

good luck!
KimandRussFemaleNew Zealand2009-05-25 10:14:00
K-1 Fiance(e) Visa Process & ProceduresAddress change for petitioner
You can try to change it by filling out the change of address form and/or calling the USCIS but I will tell you that more often than not, the change doesn't happen...even if they say it does/will.

Your best bet is going to be using an address of someone who is gonig to be at the same place throughout the process. Chances are you will need to stay on top of this the entire time.
KimandRussFemaleNew Zealand2009-05-25 10:05:00
K-1 Fiance(e) Visa Process & ProceduresB1 before the K1
In some Countries, it's almost impossible to get a visitor's visa to the US. Even moreso for young ladies with little attachment to their home Country.

It's also important to note that her admittance into the US is not guaranteed because she has a valid visa. If the CBP believes she has immigrant intent (which she clearly does) then she can and will be turned away.

Although your reasoning is well understood, especially by those of us who have been through this, it's not enough reason for the US when it comes to protecting it's borders. Thee only option sometimes is the USC to travel abroad in order to spend time together before making the K-1 commitment.

good luck.
KimandRussFemaleNew Zealand2009-05-25 09:19:00
K-1 Fiance(e) Visa Process & ProceduresWhat if you dont meet the poverty guidelines?
All of this information is in the GUIDES.

Most Consulates will accept a co-sponsor if you do not meet the minimum requirements. It's important to note that the I-134 is not an enforceable document and each Consulate views it differently. Yes, you sign and agree but they use the information soley to help the Embassy prove that your fiance will not become a public charge once in the US.
KimandRussFemaleNew Zealand2009-05-25 09:52:00
K-1 Fiance(e) Visa Process & ProceduresMoney order or check??
From the I-129f instructions...

The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency;

as long as it's payable in US currency. Your best bet is actually a personal check because you will then be able to track your petition with the WAC or EAC number on the back before actually receving the NOA1 (I-797).

Congratulations and welcome.
KimandRussFemaleNew Zealand2009-05-25 09:31:00
K-1 Fiance(e) Visa Process & ProceduresRFE... boarding passes?
Passport stamps and travel itinerary/boarding passes are your best proof. Add to these a few pictures of you together. Again, photos are secondary evidence. I could put you anyone at anytime in photoshop. wink.gif

I'm going to disagree a bit with Gary with regards to proof ongoing relationship. Recently we've had a couple of VJ members get RFE'd for proof of on-going relationship at the petition stage of the process. Although it's not asked for with the petition, I always recommend adding at least some proof of on-going relationship evidence such as phone/chat logs, emails...etc. Save the bulk for interview but do send something at this stage as well.

At higher fraud posts, many times the decision is already made before you walk in the room to be interviewed... sad, but true. The more they have with the initial petition, the more likely the chances to prove your relationship bona-fide.
KimandRussFemaleNew Zealand2009-05-25 10:03:00
K-1 Fiance(e) Visa Process & ProceduresShould I go to the interview with her?
If your fiance has your passport with her when shes interviews and the interviewing officer knows you are serious enough to have travelled there to be with her then it can only help your case.

Do visit the regional forums here on VJ and have a look at the Embassy info link above to find out how long the wait is for the visa after the interview.

As stated previously, though, nothing is guaranteed and you may find yourself out some $... however, you get to see your fiance. So, either way, it's a win!
KimandRussFemaleNew Zealand2009-05-25 09:38:00
K-1 Fiance(e) Visa Process & Proceduresproof of ongoing relationship
Do be very careful about your non-legal ceremony. I would not include any photos or information about this ceremony...especially if you have plenty of on-going proof already. Wear no rings and do not speak about each other as 'husband/wife'. Although some people do this with no problems, we have had lots of horror stories here on VJ when couples have tried this as well.
KimandRussFemaleNew Zealand2009-04-22 12:41:00
K-1 Fiance(e) Visa Process & Proceduresproof of ongoing relationship
We had 10 years of communicatioin, emails almost daily. What we did was take just a few emails from over the years to print out but we made a 'print screen' of our inbox to show all of the actual communication.

Emails are secondary evidence so be sure to include other items to prove your on-going relationship.

As Bobby suggested above, you are not likely to have your visa before July and even more importantly, you must be married in the US with a K-1 visa. If you are planning a non-legal ceremony in Brazil, I would be VERY careful of how you go about this and what you mention to the CO ....or anyone else for that matter. We have seen some pretty devastating results from others doing this.

good luck.
KimandRussFemaleNew Zealand2009-04-21 12:08:00
K-1 Fiance(e) Visa Process & ProceduresI-129f Birthday error! Could you help me please?
China is an entirely different entity than other Consulates. If you were going through say New Zealand i'd also say.. no big deal. In China, however, chances are they will look for any indescretion they can find to deny the visa. If you haven't already, visit www.candleforlove.com to learn all you can.

That being said, you are at the USCIS petition stage of this process so the Embassy has nothing really to do with it until you are approved here (NOA2/I-797). You can call the USCIS and have it adjusted but be aware, even though they say the changes will be made....they very often, are not.

All you can do is be certain that all other documents are filled in correctly from here on out!

good luck!
KimandRussFemaleNew Zealand2009-05-25 09:49:00