ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresI used a immigration lawyer, was told checking my status might cause delays
$3.5k???? ohmy.gif Ouch!

Umm all you're checking is a database... you're not making an inquiry. Even if you were calling the 'misinformation line' to talk to someone, you would most likely be given the standard 'you are within processing times'.

I'm sorry...sounds like she's talking out her @ss.
KimandRussFemaleNew Zealand2008-11-18 16:08:00
K-1 Fiance(e) Visa Process & ProceduresK1 and I-601
An Application for Waiver of Grounds of Inadmissibility (Form 601) becomes necessary when a visa applicant has been determined to be “inadmissible” based on one more visa ineligibilities. Doing a search online will get you loads of information.

Even when you are given the opportunity to withdraw your petition for US entrance (otherwise known as denied entry)... your passport is stamped, you are questioned and given a copy of the affidavit which you must sign. This, in itself, usually has no effect on the K-1.

Was her passport stamped? Did your rep's office give you the reason for refusal of entry? I assume they would know if they already told you she would need a waiver. Does she have previous overstays in the States?

Without having more information it's hard to say why the waiver will be needed. But, as stated, it will most likely come after an initial denial. It doesn't mean you wont get the visa...eventually....unless, of course, she is found inadmissible for reasons that would initiate a lifetime ban.
KimandRussFemaleNew Zealand2008-12-10 08:40:00
K-1 Fiance(e) Visa Process & Proceduresadvice and frustration
Welcome to VJ.

There are security checks at every stage of this process. Any one of which can hold you up for any amount of time. It could be something like this holding your son's petition up.

Contacting your rep is a great start. You can also contact the ombudsman if your case is past processing dates listed on the uscis website and you can't get any answers.

KimandRussFemaleNew Zealand2008-12-18 10:58:00
K-1 Fiance(e) Visa Process & Proceduresdivorce-potential redflag
In higher fraud Countries anything can send up a red flag and cause more scrutiny at the visa interview stage. This includes recent divorce, short courtship, limited visits...etc.

Nobody can tell you if this in itself is going to cause a problem but it's certainly in your best interest to provide all the proof of a bona-fide relationship that you can.

good luck
KimandRussFemaleNew Zealand2008-12-18 11:12:00
K-1 Fiance(e) Visa Process & ProceduresNeed recomendation for a good attorny
I agree with pushbrk and others. Mark Ellis is the attorney you want for HCMC.

I'm going to move this to the Regional forum then move it back here leaving a copy of the post in there so perhaps you will get more advice. Hope that makes sense.

Good luck to you.
KimandRussFemaleNew Zealand2008-12-18 10:46:00
K-1 Fiance(e) Visa Process & ProceduresSuggestion on I-129f and other
QUOTE (bonaprixo @ Dec 18 2008, 11:59 AM) <{POST_SNAPBACK}>
--- 2 passport size photos for yourself and 2 passport size photos of your fiance is what is required and make sure to write all of your FULL names behind each passport size photos --total passport size photos =4---2 for you and 2 her

only one passport photo is required for each G325A.

--- copy of petitioner us passport and citizenship is good
---- both letters of intent from petitioner and beneficiaries
---- No such thing as engagement certificate

In certain Countries there are documents we are not familiar with here in the U.S. As such, some beneficiaries need to supply items that others may not have to in order to prove they are single/eligible to marry.

-----Photos of you and her is most powerful evidence that both of you have met but any additional such as, copies of

Photos are far from the most powerful evidence. They should be used as secondary evidence only. Using photoshop I could put you with anyone at any time in any location.

plane tickets, your passport pages showing entry and exit visa in her country is just an additional powerful weapon that you may want to attached with your application.....

passport stamps are the most conclusive form of evidence of proof of having met.

call history again is just an additional weapon or evidence but if you have photos of the two of you taken together then thats your most powerful weapon

again... wrong advice.

You can send as many photos as you wish even a photo album will not be rejected but keep in mind any documents or evidence you send to them, will now become the property of USCIS
---I Don't think beneficiary's birth certificate is requested but even if is needed then send only a photocopy not original and it will cost u nothing to send them her birth certificate copy along with your file ..Always better to send as much documents as possible even if its not needed than to send less /missing documents and this delays processing of your file

Hope this helps

KimandRussFemaleNew Zealand2008-12-18 12:06:00
K-1 Fiance(e) Visa Process & ProceduresSuggestion on I-129f and other
QUOTE (khmerguy @ Dec 18 2008, 11:31 AM) <{POST_SNAPBACK}>
hi all, I'm planning to send I-129f some time in Jan 2009. hope that's not a busy season for them to get this form rolling. Just some questions and suggestion:

1) Does letter of intent need to be notary or just the signature is good enough? no it does not need to be notarized
2) Can I date letter of intent a week before i send even though she sign before that date? yes
3) Is this good enough to attach with I-129f
- I-129F and personal check
- G-325A and One passport style photo (Petitioner) Is one passport photo good enough?
- G-325A and One passport style photo (Beneficiary) Is one passport photo good enough?
make sure there are 4 pages of this for each of you. yes, one photo each.
- Copy of US Passport (Petitioner). all pages
- Copy of petitioner US Citizenship certificate
- Copy of birth certificate (Beneficiary)
- Letter certifying intent to marry (Petitioner and Beneficiary) original signatures
- Engagement certificate
- Proof of having met in person in the past two years (Copy of plane ticket & pictures)
- Proof of ongoing relationship (Call history)
4) how many picture should I attached?

how much evidence you send with the original petition has a lot to do with which Embassy you will be dealing with at interview stage. At higher fraud posts it's often recommended to send some proof of on-going/bona-fide relationship evidence along with the petition and then even more at the interview. If you are not going through a high-fraud Embassy then most people will send a few (4-8) pictures with the petition and add more for interview.

thanks


good luck
KimandRussFemaleNew Zealand2008-12-18 11:36:00
K-1 Fiance(e) Visa Process & ProceduresNOA1-NOA2 question
I'm pretty sure the poster was calling the lawyer an Idiot..not the OP. wink.gif

Let's all try to use kindness toward each other here please. smile.gif

As stated above, some people do require lawyers. However, even if you are using the services of a lawyer, it is still ultimately your own responsibility to make sure things are done correctly.

aljhel, internet etiquette suggests that typing in all caps is considered yelling. Please refrain from doing so in the future.
KimandRussFemaleNew Zealand2008-12-19 10:26:00
K-1 Fiance(e) Visa Process & ProceduresNOA1-NOA2 question
I dont think adjuticator's are going to hold a grudge because there may have been issues with your original petition so I wouldn't worry about that. wink.gif

As far as your lawyer goes, in no way am I advocating this but this uscis interoffice memo may be the reason he/she thought the faxed signatures would be ok. It seems not all adjuticators are on the same page with this. Some will issue RFE's and some will not.

Whether something else slows you down depends very much on everything else being sent in.

good luck
KimandRussFemaleNew Zealand2008-12-18 11:30:00
K-1 Fiance(e) Visa Process & ProceduresAddress section on I-129F
B wink.gif
KimandRussFemaleNew Zealand2008-12-19 10:35:00
K-1 Fiance(e) Visa Process & ProceduresAddress section on I-129F
You either print the form and fill in by hand all of the information that will not fit OR include an attachment with the petition. Note on the form to reference the attachment and note on the attachment the form and question to which the answer pertains.
KimandRussFemaleNew Zealand2008-12-11 15:02:00
K-1 Fiance(e) Visa Process & ProceduresMulti Entry Visitor Visa While Applying for K1
Many people report never getting a hardcopy of NOA1 (I-797). However, you will want to be sure you do get a hardcopy of NOA2 as you will need this for AOS.

There is no policy for visiting the US whilst awaiting the fiance visa process. It has everything to do with the officer at the POE and whether he/she believes there is intent to immigrate. I would not mention the fact that she has a US Fiance or that you have a I-129f petition in progress unless asked about it. Be sure she brings plenty of ties to prove she is returning home. Basically, if she is just visiting and does not abuse that visa and spend more time in the US than in her home Country she should be ok to visit.
KimandRussFemaleNew Zealand2008-12-19 12:34:00
K-1 Fiance(e) Visa Process & ProceduresK-1 worries that turned out to be nothing
QUOTE (symbiosis @ Dec 18 2008, 09:06 PM) <{POST_SNAPBACK}>
mai pen lai!


English only outside the Regional forums please.
KimandRussFemaleNew Zealand2008-12-19 10:46:00
K-1 Fiance(e) Visa Process & ProceduresNewbie
This link will help you to understand the different visas. Read as much as you can and then make a decision based on your circumstances.
KimandRussFemaleNew Zealand2008-12-19 10:40:00
K-1 Fiance(e) Visa Process & Proceduresstill so confused!
When dealing with higher fraud consulates it is often suggested that one sends along some additional supporting evidence of the relationship along with the initial petition.

I am not familiar enough with Hong Kong to advise you on this.

Use the K-1 GUIDE and checklist to be sure you have everything included.

good luck.
KimandRussFemaleNew Zealand2008-12-19 10:30:00
K-1 Fiance(e) Visa Process & ProceduresHelp on K-1
Sorry, AP/AR is relative to each case so I don't think anybody can give you any more ideas on what can be done. It has to be extremely difficult for you. sad.gif

If it were me, I would contact every rep I could and become a thorn in the butt of the ombudsman... but that's just me. smile.gif

I wish you luck.
KimandRussFemaleNew Zealand2008-12-01 11:50:00
K-1 Fiance(e) Visa Process & ProceduresWhat to do while waiting for NOA2? When to ask for financial letters?
Visit the PI regional forum and read the K-1 guide sticky topic at the top. Manilla has a much different process for K-1 visas. You will want to familiarize yourself with the steps there.

It's best to wait for affidavit and supporting docs until after you are approved as chances are the Embassy will want to see current documents (paystubs..etc).
KimandRussFemaleNew Zealand2008-12-22 15:41:00
K-1 Fiance(e) Visa Process & ProceduresDenied entry how can that effect K1 application?
They don't call it 'denied entry'... they politely call it 'an opportunity to withdraw your petition to enter the U.S.' wink.gif No waiver is needed. If one was needed at another Consulate then most likely there was something more going on...perhaps a previous overstay..or deportation.

Same thing happened to us in September of 2007...and may others. wink.gif We simply included a copy of the deposition with our initial petition and discussed it briefly at the interview. Other than more time apart..oh and forgetting to take him out of the system's watch list, and delaying him for about 20 minutes once he did actually enter on his K-1..there were no problems. wink.gif

The bad news is...visiting again is unlikely sad.gif... the good news is.. you already have your A# wink.gif
KimandRussFemaleNew Zealand2008-12-22 16:20:00
K-1 Fiance(e) Visa Process & Procedures1 Touch
bad!
KimandRussFemaleNew Zealand2008-12-22 16:55:00
K-1 Fiance(e) Visa Process & Procedures1 Touch
they mean nothing.. some people go through the entire process without benig 'touched'.... not to worry.
KimandRussFemaleNew Zealand2008-12-22 15:38:00
K-1 Fiance(e) Visa Process & ProceduresApplying for K1 before Divorce Certificate
it's not necessarily our (US) government the OP needs to be concerned with... as stated, at higher fraud posts a recent divorce can most certainly send up a red flag to a CO. So, while this may not create an issue for the majority of us, for some, their relationship will be scrutinized even greater by the CO at interview because of it. wink.gif
KimandRussFemaleNew Zealand2008-12-22 16:36:00
K-1 Fiance(e) Visa Process & ProceduresApplying for K1 before Divorce Certificate
We also had to wait quite a long time for my divorce to become final. You need the decree. It sux...but it is what it is. sad.gif

Whether the recent divorce throws up a red flag or not has everything to do with the Embassy/Country you are deling with at interview. USCIS will care that you are both free to marry. However, at higher fraud posts, this is just one more thing to be scrutinized.

Russell as asked in Auckland about my recent divorce, but it was easily explained and accepted that the marriage had actually ended years earlier. Not all Embassies are created equally. wink.gif
KimandRussFemaleNew Zealand2008-12-22 15:38:00
K-1 Fiance(e) Visa Process & ProceduresThose of you outside of 6 months waiting for K1 NOA2
I think we all understand why we refer to it as the misinformation line. you will never get an accurate answer... even if you get 10.

thanks for the input tho
KimandRussFemaleNew Zealand2008-12-22 15:48:00
K-1 Fiance(e) Visa Process & ProceduresThose of you outside of 6 months waiting for K1 NOA2
They are either going to tell you you are within processing times listed on their site...and not to call again until after 30-60-90 or more days. Or, that they have no further information on your case.

We don't call it the misinformation line for no reason. wink.gif
KimandRussFemaleNew Zealand2008-12-22 15:26:00
K-1 Fiance(e) Visa Process & ProceduresOur dates keep changing
Anyone waiting any length of time is allowed to express their frustration here. They should be able to do so without fear of being attacked for doing so. Please refrain from personal attacks. It solves nothing.

OP... nobody can tell you when you will be aprpoved but the other posters are correct... VJ data is wonderful for reference but in no way should it be relied upon for adjutication. There is far too much room for human error.

I hope you hear something soon. smile.gif
KimandRussFemaleNew Zealand2008-12-18 11:08:00
K-1 Fiance(e) Visa Process & Proceduressent out the package, forgot to include emails....
GUZ is a difficult post and many would suggest to send all supporting evidence you can with the initial petition when dealing with a high fraud Consulate/Embassy, then continue collecting documents as you await the interview. However, since you did not send them in you can include them when your fiance gets to the interview stage. I would advise you to collect and provide as much proof as you can.

Be sure to visit the China regional forum here on VJ and candleforlove.com to prepare yourselves the very best you can for the interview.

good luck
KimandRussFemaleNew Zealand2008-12-29 12:57:00
K-1 Fiance(e) Visa Process & ProceduresEmail vs Mail for NOA1/NOA2
you can stop checking your email. wink.gif

Your check being cashed is what you're looking for. Once you see that it has been cashed look for your EAC# on the back.

You need your EAC # to register with uscis.gov and you will get automated updates for every 'touch' and for your approved I-129f aka I-797/NOA2 ...this is what you check obsessively until approval. laughing.gif

good luck!
KimandRussFemaleNew Zealand2008-12-29 13:09:00
K-1 Fiance(e) Visa Process & ProceduresK1 rejected and when can I re-file
As suggested above, it's very important to know exactly what the document she was given says.

Secondly, it's just as important to do everything in your power to keep the file at the Embassy and not let them return it to uscis. You may need to hire an attorney familiar with this Embassy to help you with this.

Filing a new petition is not going to solve the problem.

good luck
KimandRussFemaleNew Zealand2008-12-29 13:22:00
K-1 Fiance(e) Visa Process & ProceduresRFE question
There is no specific timeline as to when a petition that receives an rfe will be adjuticated.

The process seems very dependant on the adjuticator who has your petition. It seems some work on rfe cases daily and some wait.

Hopefully it wont be too much longer for you.
KimandRussFemaleNew Zealand2008-12-29 17:07:00
K-1 Fiance(e) Visa Process & ProceduresK1 Interview and 221(g) in Mumbai
That's great. Congratulations!
KimandRussFemaleNew Zealand2008-12-30 12:15:00
K-1 Fiance(e) Visa Process & ProceduresK1 Interview and 221(g) in Mumbai
Very strange and unreasonable request. Seems they are just trying to make it harder for you to see if you are serious. No sense in fighting it as chances are it will just make it take even longer.

My advice is to do your very best to gather the information they are looking for asap. Simply pick a day and compile a list of the names and addresses of the people you think will be attending. It's virtually impossible to determine a date based on the fact that a couple can be stuck in AP for any length of time and we all know these things dont come cheap! I'm sure they understand that so maybe they're just testing to see what you come up with. So, do your very best. You may want to also include letters from your family members stating their support of your future marriage and relationship.

You will probably want to check in the Regional forums or your portals link as well to see what others have submitted.

good luck
KimandRussFemaleNew Zealand2008-12-11 13:39:00
K-1 Fiance(e) Visa Process & ProceduresMilitary questions
moving this to general K-1 forum
KimandRussFemaleNew Zealand2008-12-29 13:28:00
K-1 Fiance(e) Visa Process & ProceduresFiance Moving
I agree with pay.. your best bet is to wait until your approved petition arrives in, or is on it's way to, Manilla.

It will likely do you no good to notify the uscis at this stage.
KimandRussFemaleNew Zealand2008-12-30 17:02:00
K-1 Fiance(e) Visa Process & ProceduresPostpone interview?
Well hopefully you can make it there and be done with this step!

It would most likely help many if you could post about your experience and note this information in your Embassy review. smile.gif

good luck!
KimandRussFemaleNew Zealand2008-12-30 17:20:00
K-1 Fiance(e) Visa Process & ProceduresPostpone interview?
as pushbrk suggested, the Embassy will routinely extend the validity date of the I-797 (noa2) but normally due to their delay. I would contact the Embassy, if possible, and request an extension just to be safe. If they are hard to reach you may want to contact DOS to make them aware of your request. It would be awful to have to go through the entire process again.

I do not know your circumstances or reason for delay so this may not pertain to your situation at all.... but I just want to be certain that you understand the K-1 visa, once issued, is valid for 6 months. So, if you went in January, you would not need to enter the US until July at the latest. Just throwing it out there. wink.gif

good luck whatever happens.
KimandRussFemaleNew Zealand2008-12-29 13:06:00
K-1 Fiance(e) Visa Process & Procedurespassport photo of SO
For future reference...

US DOS guidelines for producing high quality photos.
KimandRussFemaleNew Zealand2008-12-31 10:58:00
K-1 Fiance(e) Visa Process & ProceduresJust curious
QUOTE (milo75 @ Jan 1 2009, 06:52 PM) <{POST_SNAPBACK}>
Please spend a little time looking at what has happened to petitioners going thru the Indian Consulates.

There may be an arguement to front load the petition with as much relationship evidence as possible. If you look in the Administrative Processing forum, you'll see current cases thru New Delhi that are having issues currently with proof of relationship issues. Additionally, there have recently been issues in Mumbai Consulate - COs looking for receipts of receptions that haven't even occured yet [you may want to search in the embassy forum - I stink at adding links otherwise I would].

Finally, one of the members who went thru Chennai [I believe] had a CO that believed his engagement ceremony was in fact a wedding even though it was only an engagement without the specific rituals needed to make it a wedding - their K1 was denied claiming it was a wedding.....

All of the Indian consulates are tough - but many people get thru too.

Please know that any recorded media like cds or dvds or electronic files are not accepted by either USCIS or the Consulates.

Something I wished I had the opportunity to do was attend the interview - I would highly highly highly recommend this!


good.gif great advice Milo! For many of us this evidence is not needed until later stages but if it were me dealing with these places, I would send what you have for proof of ongoing/bona-fide relationship along with the initial petition then collect more as you await the I-797(noa2). Be sure to make copies of everything and do try to make the interview if you can.

good luck!
KimandRussFemaleNew Zealand2009-01-02 10:39:00
K-1 Fiance(e) Visa Process & ProceduresDo we have to enter the US at the same time?
The flowchart will help you to understand the process better. The K-1 GUIDE will spell it out for your USC fiance.
KimandRussFemaleNew Zealand2009-01-02 11:38:00
K-1 Fiance(e) Visa Process & ProceduresWe're less than a month from our interview...
agree with pay.. most will require that you are meeting the income requirements NOW and have proof that will continue into the near future. You seem to have that. smile.gif I do know that PI can be a bit particular with these things at times so check the Embassy website as well as the Regional forums here on VJ to get some ideas on what you will need from others who have dealt with Manilla.

good luck!
KimandRussFemaleNew Zealand2009-01-02 11:55:00
K-1 Fiance(e) Visa Process & ProceduresTravelling while awaiting a visa
From the links above...

QUOTE
...all nationals or citizens of Visa Waiver Program (VWP) countries who plan to travel to the United States for temporary business or pleasure will require an approved ESTA prior to boarding a carrier to travel by air or sea to the United States under the VWP.


QUOTE
To apply for authorization to travel to the United States under the VWP, travelers will log on to the ESTA web-based system and complete an application online providing the biographical and eligibility information currently required on the paper I-94W form.


Starting in just over a week all VWP travellers will need to register their trips before travelling. It seems common sense that having an approved ESTA would seem to lessen your chances of being turned away at the border. wink.gif

That being said, having a US fiance (if they know about it) is likely to bring up the quesion of immigrant intent but it certainly does not stop you from being able to travel so i'm not sure why your lawyer told you that you could not come.

In most cases it's 'ok' but certainly not all.... My then fiance was turned away in Sept of '07 but he had been spending more time in the U.S. than he was in NZ and had no ties to his home Country. It kept us separated for a year sad.gif but did not effect our K-1 at all.

You sound like you have good reason to travel. File with ESTA. Tell the truth. Don't overstay. Bring all the proof you can and have a wonderful time! smile.gif
KimandRussFemaleNew Zealand2009-01-02 11:12:00