ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresVisiting while waiting for K-1... after two warnings

Hi everyone,

I read the pinned topic about this, and quite a few others, but since I didn't see any example similar to my situation, I figured I would ask here...
Here it goes:

I'm from France, my fiancée is from the US. We just filed a I-129f together, so I'm expecting about 6 months before it's approved and transferred to the Paris Consulate, and then another couple months before I get an interview and finally the visa. So, I would like to go visit her in a few weeks, on a Visa Waiver, for almost 90 days.

The tricky part is that I have been going to the US regularly for long trips on Visa Waivers for the last 4 years. I have never been denied, but I have been sent to secondary/interview room twice (in 2009 and last January). On these two occasions, officers were skeptical about my situation (freelancer/works-from-home, no real ties to home country), but I managed to convince them that I would not overstay or seek work during my trip. They understood but said they were giving me a "warning", and advised to not come back for at least 6 months. I know that warning is on my record because the agent in January mentioned the first one.
He advised to not come back for another long trip this year, but that a shorter trip might be ok. But I know every officer thinks differently and some are more understanding than others.
What I don't know is what exactly is written on my record, and if that would be enough for them to deny me, no matter what I tell and show them.

I have a copy of the K1 petition and all the attached documents (letters of intent, pictures of my fiancée and I, tickets of our travels, emails exchanged...), and I hope than showing them that we doing everything legally and I don't intent on overstaying will convince them, but I must say I am still nervous.

Would anybody have similar experience or advice? Thanks a lot!

I've been in a similar situation. My fiance comes to visit me regularly in canada but as he is a musician, he doesn't have very many ties and was denied once at the border until we could supply proof that he wasn't trying to move here.

All I can suggest is bringing as many documents as you can proving your ties to france. i.e. bank statements, phone bills, anything work related if possible.

Bringing the k1 info won't hurt either.
CanadatousaFemaleCanada2012-09-09 07:50:00
PhilippinesHow did you meet your Filipino Fiance?

Hi Patriot and DavenRoxy, I post our story on the thread listed above.

Thanks

 

 

http://www.visajourn...ncewifehusband/

 


jgoodmanMalePhilippines2013-09-13 16:30:00
PhilippinesHow did you meet your Filipino Fiance?

I wish this thread was still about the title.  I would have been glad to hear more stories of how people met and share the story of how I met my fiancé. Too bad it turned so off topic..


jgoodmanMalePhilippines2013-09-13 15:54:00
PhilippinesHow did u meet your fiancee/fiance/wife/husband?

Hi Niblet, you are right of course. It is just a little intimidating when you first start and have everything in front of you.

 

DavenRoxy,

" I am thankful that I have been able to "see the world" and learn other cultures and meet their citizens first-hand."

You are so right about that..  It changes your perspective and opens up your mind.  I am thankful as well.  Life is good!

 


jgoodmanMalePhilippines2013-09-13 20:45:00
PhilippinesHow did u meet your fiancee/fiance/wife/husband?

Hi DavenRoxy,

Thank you for helping people like us who are just trying to wade through the thick and tangled weeds of USCIS bureaucracy

 to be together. I appreciate your help!


jgoodmanMalePhilippines2013-09-13 20:28:00
PhilippinesHow did u meet your fiancee/fiance/wife/husband?

I met my Honey in Hong Kong. I was there on a business trip and was hanging out at my favorite British Pub the Queen Victoria. I was standing on the sidewalk just watching the people walk by when she and her friend walked up.  They were both Nanny's on their day off and were meeting a friend there. Lucky for me the friend was not there so they were just waiting next to me.  We started chatting and she asked what I was doing. I said I would like to see the art museum. They offered to be my tour guides and show me around the art museum. We spent the afternoon seeing the great Chinese artwork there. After that her friend left and we started talking and sharing our stories with each other.  After listening to her experiences and what she really wanted out of life, I knew there was something special about her.  We have been in constant contact since then and have seen each other seven times. I brought her back to the Philippines to be with her daughters last September.  I really like her family and friends. Someday we may move back to her village.  I am just starting the visa process and I like hearing the stories of other couples.  I can't wait until we are together for ever.  Life is very good when there is a Filipina in your life!

Cheers


jgoodmanMalePhilippines2013-09-13 16:26:00
PhilippinesCFO Manila Review, September 2013

Thank you so much for taking the time to write this and your excellent embassy interview review.  We are just starting this process and my fiancé is very nervous about the interviews.  Your reviews will help understand that as long as you have nothing to hide and tell the truth, things can go smooth.  Have a safe trip and I hope you have a great life in our country.


jgoodmanMalePhilippines2013-09-12 15:45:00
PhilippinesA sensitive topic/question.....

 

 

How about....tampo...? If you don't know what that is....you have not done your proper reading about the Philippines


 


I know all about tampo.  I think anyone that has spent any amount of time with their Filipina has seen it. Lucky for me, it doesn't last very long or happen very often.


jgoodmanMalePhilippines2013-09-26 16:01:00
PhilippinesA sensitive topic/question.....

Thanks bgamb,

I never even thought about that..  I wonder how many other things I am missing like that???


jgoodmanMalePhilippines2013-09-26 15:04:00
PhilippinesCurt and Dahlia Finally Married !!!!!
Congratulations! Life is good!
jgoodmanMalePhilippines2013-10-04 20:21:00
PhilippinesNBI from Hong Kong and multiple names.

Hi Greenbaum,

Thank you for your post. I like your answer.

To summarize; When she lived there continuously for more than 6 months, she only used her married name and will get a police certificate for that name.  When she returned to HK several months later she used her maiden name and new passport but she was not there very long so she doesn't need need a police certificate for that name.

I hope I got that right.


jgoodmanMalePhilippines2013-11-01 11:48:00
PhilippinesNBI from Hong Kong and multiple names.
Thanks Hank! Just to confirm, she will need an AKA from HK for both names as well, even though she didn't use the second name when she lived there? I was afraid of that..
jgoodmanMalePhilippines2013-10-29 18:35:00
PhilippinesNBI from Hong Kong and multiple names.
Sorry about that. The rest of my question was cut off. Background.. My SO lived in HK for over a year. She was there when I met her. She was married (separated)at the time. She moved back to Phils, got an annulment and a new passport in her maiden name. After that we spent time three weeks together in HK. She travelled on her new passport. I know I need and NBI for her married name since that is what she used when she lived there. Does she need an NBI for her maiden name since she was in HK using that name?
jgoodmanMalePhilippines2013-10-29 18:18:00
PhilippinesNBI from Hong Kong and multiple names.
Sorry for the long post. I read the requirements for an NBI for multiple names below and have a question. g. OTHER COUNTRY POLICE CERTIFICATES. Applicants aged 16 years and older must also present police certificates from other countries where they have lived for six (6) months or more after reaching the age of 16. As with NBI clearances, foreign police certificates should be obtained in any maiden names, aliases or nicknames used while in the country in question, including different spellings you have used of those names. Country-specific information on how to secure police certificates is available on the State Department's web site at http://travel.state..../fees_3272.html.
jgoodmanMalePhilippines2013-10-29 16:01:00
PhilippinesBPI Receipt Number Not Accepted

Hi Hank,

That is what I thought.  My fiancé is just having a hard time with it.  She is afraid if she does not follow the instructions that were given to her on the phone it will cause problems.  I will show her this thread and I hope this will put her mind at ease.  Thank you


jgoodmanMalePhilippines2013-11-17 12:12:00
PhilippinesBPI Receipt Number Not Accepted
So you are not waiting for the instruction letter from the embassy to schedule your interview? My fiance is afraid to do that because she was told on the phone she needed that.
jgoodmanMalePhilippines2013-11-16 22:39:00
Philippinesour visa journey so far and the challenges we encountered along the way :)
Best of luck Thartieanne. My fiance Annie has her interview on Jan 16. Hopefully all goes well for both of us.
jgoodmanMalePhilippines2013-11-23 12:25:00
PhilippinesOctober 2013 NOA2's --> NVC received dates
My fiance booked her interview for Jan 16 today as there no more Dec datas available.
jgoodmanMalePhilippines2013-11-18 19:58:00
PhilippinesOctober 2013 NOA2's --> NVC received dates
My NOA2 was Oct 11. My case is now at the embassy in Manila. Check the Sep 2013 filers thread to see many more timelines that may interest you. Best of luck through the process. Cheers
jgoodmanMalePhilippines2013-11-16 22:49:00
PhilippinesK1 VISA Approved Today! 11/19/2013 - Interview experience
thank you for sharing. congratulations!
jgoodmanMalePhilippines2013-12-01 17:45:00
PhilippinesThank you VJ family!

Congratulations!  Have a safe trip.


jgoodmanMalePhilippines2013-12-01 13:02:00
PhilippinesNeed help pls.. got letter from NVC.. whats next? do I have to wait for a letter from embassy?

Just adding to what Hank said. My fiancé's interview is Jan 16. The embassy received the visa package several weeks ago.  No letter/package has ever been received by my fiancé.  Do not wait for it to schedule the interview.


jgoodmanMalePhilippines2013-12-05 15:33:00
PhilippinesCFO Seminar experience

Thank you for this great write up!


jgoodmanMalePhilippines2013-11-27 12:06:00
PhilippinesMarriage, Our TOP 10 list of things to do

This is excellent!!  Thanks  for sharing


jgoodmanMalePhilippines2014-01-09 16:23:00
PhilippinesHow much time is reasonable time as layover at the POE?

I just booked a flight for Annie from Hong Kong to Boston changing planes in Newark.  There were two options, 3.5 hour or 8 hour layover.  I chose the 3.5 because even if is she gets held up in customs, there is still a later flight.  I am really hoping that doesn't happen.

 

Best of luck!


jgoodmanMalePhilippines2014-01-17 11:12:00
PhilippinesIntent to marry proof at embassy interview

Our letter of intent was also simple.  We used the same ones we used for the K1 package with different dates and addresses.  Her interview was this week and she was approved.


jgoodmanMalePhilippines2014-01-17 11:35:00
PhilippinesA special thanks to HANK and everyone else

Could not have said it better myself.  Thank you Hank and everyone else who takes the time to answer our questions during this stressfull time.

 

Cheers


jgoodmanMalePhilippines2014-01-24 12:59:00
PhilippinesCFO Interview Jan 15
Thanks Hank! The interview was the next day and she passed. I have a flt scheduled for Feb 16. Hoping that is enough time for her to get visa in hand. Thanks for all of your very valuable insight and your great web page.
Cheers

jgoodmanMalePhilippines2014-01-16 16:19:00
PhilippinesCFO Interview Jan 15

Annie had her CFO session in Manila yesterday.  She passed!!  They asked two questions about me.

1. What is your fiance's mothers maiden name?

2. Why does your American fiance want to marry a Filipina?

 

Of course they also asked how we met and how many countries have we been to together.  She is at the embassy interview right now.  Hoping she can fly to the US on Feb 16.

 

 

 

 


jgoodmanMalePhilippines2014-01-15 18:05:00
PhilippinesEnlight Me this one guys pls,

We received our noa2 january 30, 2014 and hard copy received my husband already,

and when i checked this morning whats all about this one:

Post Decision Activity

On February 7, 2014, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

 

 

Thanks,

 

MrsY,

Try reading the messages in this thread from the beginning.  Many people including myself, posted the messages we recieved at every step along the way.  I also am going through this process with the embassy in Manila so there will be specific info that will be of interest to you.

***You should also read, study, believe, all of the info on Hanks page.  It is great.***

 

Cheers


 

MrsY,

Try reading the messages in this thread from the beginning.  Many people including myself, posted the messages we recieved at every step along the way.  I also am going through this process with the embassy in Manila so there will be specific info that will be of interest to you.

***You should also read, study, believe, all of the info on Hanks page.  It is great.***

 

Cheers

 

Sorry, I just realized that this is not the Sep 2013 Filers thread.  Check that thread out..


jgoodmanMalePhilippines2014-02-07 19:47:00
PhilippinesWorrying too much pls help..:(

 

For sure do NOT need a copy of the I-129F petition.   Copies of the emails between you and your fiancee... yes as it is evidence of an ongoing relationship, copy of the I-129F no.  

 

If it isn't listed in the embassy instructions letter, it isn't required.

 

Happyinlove2014.

 

My fiancé just had her interview on Jan 16 and she was approved. Go to Hanks page.  We followed the information there and everything went fine.  The information on Hanks page is updated and accurate.  Just follow what it says there and you will do fine..

Best of luck!


jgoodmanMalePhilippines2014-02-13 09:31:00
PhilippinesPetitioner Travel to Manila

Philippine Airlines and Narita.  I just flew back to the US from Manila on Jan 7 and changed planes in Narita.  My connecting flight was on AA.  When I tried to go to connecting flights, they (Japanese Customs) told me that the boarding pass that was printed in Manila by Philippine Airlines would not be recognized by AA.  They forced me to exit through customs. Of course I didn't have the required form..  I then had to go to the AA desk and wait in line to get a new boarding pass and then re-enter through customs and security.  I could not believe it. Luckily, I had a three hour layover so I didn't miss my flight.

Just a heads up.


jgoodmanMalePhilippines2014-02-13 16:14:00
PhilippinesDivorce question

...................... and the divorce decree dated after the petition was filed just proves she was married when it was filed.

 

But Caryh, she wasn't married. The court said she was free and able to remarry anyone she wanted to. It was merely the consul who didn't want to accept that. The consul didn't really say he wasn't dead. They said well, if he is presumed dead then show us the death certificate. But legally able to marry was on her COM whether or not he was really dead shouldn't have mattered especially if no one was aware of that fact. As per the court's requisites for presumptive death they say that SHE is supposed to give diligence to finding him. Not ME. I barely knew her at the time she filed that. What Filipinas does anyone know that has proper resourses to accomplish such a thing or even money enough to do it. They don't have the same resources as we do. Awfully tough for a Filipina to do a diligent search for someone half way around the world,  So, now that they said, hey, you're simply lying little girl so now you have to prove what is assumed and we really don't care what the PI courts said or ruled. Whatever happened to "comity" between sovereign countries? The consul is simply telling the PI court to blow it out their blowhole. Well, that's when I took on that search for him. And even after a time I pretty much gave up because all searches ran into a brick wall with him with nothing beyond the year 2010. It was by mere chance that I wrote a letter to a niece of his which I found her name on her grandma's obituary. I located her and begged her to attempt to locate the man for me or at least give me a number for him or something. Well, she must have pretty good influence over him because it was three days later that he contacted her through Yahoo Messenger and after they talked a good bit he agreed a divorce is the proper thing. But now you guys are telling me that the consul is basically gonna shove it back into our shorts when they see a good and proper divorce decree. Is there no way to get hold of these people to try to explain? haha, will they even try to understand? Why is it impossible to call someone or to write to someone?

 

Mike

 

Hi Mike, I am hoping for the best for you and your fiance.  The thing that stands out to me is that even though the Philippine court ruled that she was free to marry at the time because of presumptive death, the fact that there is now proof that the guy is still alive means that the ruling was erronious.  This means that she was not then and is not now free to marry.  I am surprised to hear they (NVC and embassy), will not need a cenomar saying she is free to marry for a valid reason.  You can speak with people both at the NVC and the embassy who may be able to connect you with someone who can answer your questions.  I would certainly call them to get an idea of where you stand.

Best of luck.


jgoodmanMalePhilippines2014-02-07 21:40:00
PhilippinesDivorce question

 

After reading all of these posts, I am confused as to the best option for you.

  If you try for an annulment, wouldn't the Philippine court question the reason since you already have a presumption of death?  This seems like it would make the convoluted anulment process even more time consuming and expensive.

You may have a point on the annulment. I don't totally understand the Philippine Family Code in depth enough to know how the presumption of death decree would affect an annulment.

 

If you go forward with the presumption death, wouldn't the NVC or DOS want to see a death certificate since this is a US citizen?  It is hard to believe that they would accept a presumption of death certificate from a foreign country as proof an American citizen who resides in the US is dead.  As far as the US govt potentially not knowing the marriage in the Phils took place, they will see it on the cenomar.

The USA also has ways to get a presumption of death of a missing spouse. This is nothing new to American law. There is even a recent case in Ohio where a man declared dead, after he ran away from his wife, cannot get his SS benefits because he's been declared dead. And the law in that state does not allow him to be declared alive again. So a walking breathing human is legally dead. In any case the court decree of presumption of death is as good as a death certificate in the USA. Which is why I actually don't believe the embassy will not accept this method of termination of marriage. Its a legal method in both the USA and the Philippines to terminate a marriage.

 
I still don't get this part.  An American citizen who resides in this country, can be declared dead by presumption of death from a country he never lived in?  So just because someone does not answer mail or respond to e-mails, our governmant will considder that cause for a presumption of death?
I could understand if the American actually lived in the Phils and then went missing.  Since the beneficiary is from the Phils and petitions from there are given extra scrutiny, seems like the NVC would see this as a red flag and do a simple search on his ssn to see if he is still alive and where he resides.  I don't think this would ever get to the embassy.
Since the embassy is requiring a death certificate I guess this is a moot point.
 

 

Since the marriage took place in the Philippines and since your fiance still resides there as a citizen, I am not sure a divorce decree from the US would nullify the marriage.

Location of marriage does not control location of dissolution of a marriage. If it did, USC would need to return to the county or at least the state they were married in to divorce, and we know that isn't true. Philippine law is very clear on when and how a foreign granted divorce can be recognized as terminating the marriage of a Philippine citizen under their laws.
 
You are right about the US citizen example.  We allow divorce here so it  makes perfect  sense to accept a divorce that occurs in a different country.  The difference is that in the Phils with few exceptions, there is no divorce.  I would search here on VJ for the rules required for divorce in the Phils.
 

 

Even if they did accept that, would they allow you to divorce someone who is dead?

Maybe I am missing something...

In this case, the person who has been declared presumptively dead in the Philippines, would be the one filing for divorce in the USA. No one has declared him dead in the USA.

 

 


jgoodmanMalePhilippines2014-01-29 14:44:00
USCIS Service Centerstwo receipt numbers?

I don't know if anyone has dealt with this before at all but is it possible to somehow have two receipt numbers? I'm asking because we received an RFE and in the two weeks it took to get the requested document, we received email notice that our case was approved and on its way to NVC. Yesterday NVC received the case. The receipt numbers for the approved and RFE case are one digit apart. When my husband called USCIS regarding the approval, all our info matched the approved case and he said we have no pending issues and we are now only to deal with NVC and the RFE of the other receipt number has all our info. When we initially sent our package in, it was sent back to us twice for errors before finally being accepted to USCIS. Could this have caused two receipt numbers? So what do I do about the other receipt number? Just let it be to run out?


CanadatousaFemaleCanada2014-02-07 09:14:00
CanadaCan I slowly move my belongings to the US

 

Sure, you could send your stuff a bit at a time via those methods, and say their "gifts" or whatever, but it might cost you a fortune, depending on how much you have. I had 16 boxes of stuff to move, and I used Shipsmart (and yes, they needed a copy of my visa and my I-94, so the stuff couldn't actually cross the border until I did). I can't say I'd recommend them, though. Their customer service was #######.
 

It seems as though it isn't 16 boxes worth, that's why I figured if it's that important to send the items now, simple shipping wouldn't be so bad, like you said as "gifts". It would definitely cost something to ship. I didn't know that some companies request a copy of the visa, that's interesting to know!

 

Either way, it's probably just best to rent a storage space (if you need to) and wait until you can legally move the items. 


CanadatousaFemaleCanada2013-09-09 12:45:00
CanadaCan I slowly move my belongings to the US

 

You won't be able to ship the stuff before getting your visa. The shipping company will need a copy of it.
 

 A copy of what? Your visa? I don't see why shipping through USPS or fedex, what have you, would be restricted, people ship items all the time between residential places.


CanadatousaFemaleCanada2013-09-09 11:48:00
CanadaCan I slowly move my belongings to the US

I'm sure one could bring a few items, and I mean a few......if the POE office thinks you are going to be staying (living) in the USA, you may find yourself denied entry!  Have al the proff you want that your going to return, but a car load of stuff, or many suitcases sort of signals to them, that your intentions are otherwise!

 

Well the POE officer will ask if anything is remaining in the United States, so, to not incite a red flag from that question, the OP would have to lie about the items in the vehicle.


CanadatousaFemaleCanada2013-09-09 10:39:00
CanadaCan I slowly move my belongings to the US

I wouldn't recommend that. If they feel that you are moving unlawfully, then they can deny you and you'll have a red flag and be hassled every single time you cross. This happened to my husband on the Canadian side even though we weren't at all attempting what you are thinking of doing. 

 

If you really need to do this, then I'd suggest shipping the items to his home and avoid crossing with them. 


CanadatousaFemaleCanada2013-09-09 09:44:00
CanadaNeed a little help with DHL / Loomis

My case was just shipped to NVC yesterday, should I register with loomis now and get it out of the way or should I wait?


CanadatousaFemaleCanada2014-01-25 14:25:00