ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresI- I 29F petiton got denied. Should we submit appeal or file another K-1
Even the instructions on the I 129f tell you what supporting documentation to send (even if you hadn't found VJ's 'Guides' section).

I would refile - cheaper than the appeal. Would mention the denial in your cover letter for the new I 129f and that you're now re-submitting with the correct additional paperwork.
TracyTNFemaleUnited Kingdom2011-05-24 07:24:00
K-1 Fiance(e) Visa Process & ProceduresDenied Entry
I've even heard of folks going all the way back home (the UK for example) but only staying a week, then being denied entry. The destination doesn't matter as much as how long you're gone, and how the CBP officer perceives your use of the VWP.
TracyTNFemaleUnited Kingdom2011-06-21 13:09:00
K-1 Fiance(e) Visa Process & ProceduresDenied Entry
Yes, as Anita Cocktail said earlier - jaunting up to Canada or down to Mexico for a day doesn't count toward resetting the clock. They will see this as trying to take advantage of the VWP and deny you entry (which is what happened to the OP).
TracyTNFemaleUnited Kingdom2011-06-21 09:32:00
K-1 Fiance(e) Visa Process & ProceduresElaborate Marriage Necessary?
That's exactly what we did. Makes no difference to USCIS so long as you're legally married and have the certified marriage certificate to prove it.
TracyTNFemaleUnited Kingdom2011-06-22 07:27:00
K-1 Fiance(e) Visa Process & ProceduresGetting married now - still use K-1?

K-1 its easier and quicker in my opinion


Agreed - but you don't have that option now.

Check the guides for information on the CR1 / IR1 spousal visa.
TracyTNFemaleUnited Kingdom2011-06-21 13:07:00
K-1 Fiance(e) Visa Process & ProceduresGetting health insurance for your K1 beneficiary...
That was not our experience, but it does vary from company to company. I would contact your insurance company directly and ask instead of relying on what HR is telling you.
TracyTNFemaleUnited Kingdom2011-06-27 15:19:00
K-1 Fiance(e) Visa Process & ProceduresContacting the London embassy to see if it's arrived?
There's this:

http://www.visajourn...gdom&cty=London

and you can also visit the UK forum:

http://www.visajourn...united-kingdom/
TracyTNFemaleUnited Kingdom2011-06-22 13:12:00
K-1 Fiance(e) Visa Process & ProceduresExpedite request denied, background check under way
They only ask about specific crimes but they're checking everything. So why would you purposefully omit something you know they'll find anyway?
TracyTNFemaleUnited Kingdom2011-08-16 13:36:00
K-1 Fiance(e) Visa Process & ProceduresExpedite request denied, background check under way
Don't think I've ever seen an expedite request granted based on financial reasons. Military deployments or terminal illness of one of the parties involved are about the only expedites that are regularly granted.
TracyTNFemaleUnited Kingdom2011-08-16 13:32:00
K-1 Fiance(e) Visa Process & Proceduresk1_129f denied
Um - you might want to blank out your personal information on that letter. Dunno how wise it is to have your full name and mailing address splashed all over the internet.

Anyway - from this letter, they clearly were processing your case as a K3 and thought you were married. If that is NOT the case (hard to tell from all your misinformation), then you still need an attorney to help you unravel this whole mess. If it's their mistake, they should rectify it. But making that happen could be too complex for you to do on your own.

Edited by TracyTN, 16 March 2011 - 02:37 PM.

TracyTNFemaleUnited Kingdom2011-03-16 14:35:00
K-1 Fiance(e) Visa Process & Proceduresk1_129f denied

hi, thanks for your concern, he is my fiance, we are not marry yet.


Lots of details from previous threads are missing from this one.

Initially the K1 was denied, so the couple married. Later USCIS reaffirmed the I-129F and sent it back evidently and strangely with the direction to the Consulate to process the I-129F for a K3 visa instead of K1. At the second interview, the visa was denied for lack of evidence of a bona fide relationship. It all sounds pretty far-fetched but that's the best I can put together from all the mess of information.


All this misinformation that you've apparently posted in different threads is really preventing anyone from helping you here.

I think you need an immigration attorney that you can sit down with and give them the entire chain of events so you can get the proper kind of help.
TracyTNFemaleUnited Kingdom2011-03-16 13:58:00
K-1 Fiance(e) Visa Process & Proceduresk1_129f denied
Your PETITION was not denied - your husband's visa was. Please get the terms straight - they are two very different things w/ very different courses of action.
TracyTNFemaleUnited Kingdom2011-03-15 08:44:00
K-1 Fiance(e) Visa Process & ProceduresAGE DIFFERENCE

My fiance and I - 29 years age difference. I think as long you have enough proof of evidence together & his financial is stable, it should be ok. I think my fiance present during my interview help me a lot. All the best! B-)


I think it's a stretch to advise that it will be ok. The more prudent answer is, as Bobby + Umit pointed out, it depends on the CO and the consulate.
TracyTNFemaleUnited Kingdom2010-04-13 14:30:00
K-1 Fiance(e) Visa Process & ProceduresTOTAL COST OF K1 VISA
The K1 petition and the visa application itself are two separate things, run by two separate entities (USCIS/Dept of Homeland Security and the consulate/Dept of State). That's the reason for the separate forms and fees for each step of the process.

You can add a child to the I 129f petition for no extra cost, but the child must have it's own visa; so any fees associated with a visa at the consulate apply to both the parent and the child.
TracyTNFemaleUnited Kingdom2011-07-07 15:25:00
K-1 Fiance(e) Visa Process & ProceduresTOTAL COST OF K1 VISA


You have the choice to get married and go for the CR1- no waiting on work authorization - instead of the K1. If you choose the K1, you have to be ready to accept that period of no work. If that isn't feasible for your particular situation, then you may want to choose the other option.

Since you can research this in advance, and choose the option which is best for you, I don't see how it is truly 'unfair'.

Just my .02. :)



I don't know much about CR1, but I think the waiting time is longer than for K1, and they'd have to be already married.

What I mean with unfair, is that some people, truly in love, can't be together because of the financial burden, especially when they don't get an EAD.
Not everyone has a good income. A look in the streets of every US city will tell you that.

(F)


As for the CR1, yes, you do have more a little more waiting on the 'front' end (before your spouse gets here) so that things like work authorization and travel permission come with it - the only difference is do you want to wait for these things together or apart? My point is you DO have an option so that your spouse arrives, ready to work. Also there is the temporary EAD option (see below) - although some feel temp EAD isn't much good as you'd have to get authorized again to work after the temporary runs out (90 days).

If a couple decides that doing a K1 is right for them, and they do not have enough financial means to support their fiance, almost all consulates accept a cosponsor. That is due to the realization that yes, not everyone has a decent job, so here is the alternative.

The only time I see any of this as 'unfair' is when a consulate will not accept a cosponsor.


You have the choice to get married and go for the CR1- no waiting on work authorization - instead of the K1. If you choose the K1, you have to be ready to accept that period of no work. If that isn't feasible for your particular situation, then you may want to choose the other option.


When did they start doing this? A while back, I use to remember that when you entered with a K-1 visa that they gave you a temporary work permit at ALL POEs, not just JFK. When did they change that and why?



You most certainly can still get temporary EAD at JFK (apparently its best to ask) , but there are very few other POEs that do it. I'm not sure why they stopped doing it.
TracyTNFemaleUnited Kingdom2006-09-04 08:37:00
K-1 Fiance(e) Visa Process & ProceduresTOTAL COST OF K1 VISA
You have the choice to get married and go for the CR1- no waiting on work authorization - instead of the K1. If you choose the K1, you have to be ready to accept that period of no work. If that isn't feasible for your particular situation, then you may want to choose the other option.

Since you can research this in advance, and choose the option which is best for you, I don't see how it is truly 'unfair'.

Just my .02. :)
TracyTNFemaleUnited Kingdom2006-09-03 19:11:00
K-1 Fiance(e) Visa Process & ProceduresTOTAL COST OF K1 VISA
The visa fee and medical do vary from consulate to consulate, Erik. Other than that, I think you're right on.

And don't forget about the fees for the adjustment of status process, too. :whistle:
TracyTNFemaleUnited Kingdom2006-05-29 20:22:00
K-1 Fiance(e) Visa Process & ProceduresK-1 denied :(

You are right noone will change my mind, could anybody change your mind about the person you are with? By the way Im not most people, December will be 2yrs for us, and believe me even if someone tries to pretend to be someone else they will eventually show their true colors.


Yes, you're right - eventually. Usually once they're in the US and with a green card in hand.

I know that scams take place everyday, everywhere. Yes it is very easy for someone to sweettalk someone online, but I am not gulliable, naive or dumb. 2yrs is not rushing, yes I know we didnt meet but now we will.


2 years is a walk in the park if your ultimate goal is to get out of your country and live in the US legally.

I know you think people are being mean to you, but you should really listen and look at your relationship for a minute without the rose colored glasses. Maybe those here are God's way of helping you see what you've otherwise refused to.
TracyTNFemaleUnited Kingdom2012-08-07 09:32:00
K-1 Fiance(e) Visa Process & ProceduresExpedite prior to military deployment
I would suggest getting in touch with USCIS' military helpline.

http://www.uscis.gov...000b92ca60aRCRD
TracyTNFemaleUnited Kingdom2011-04-18 09:30:00
K-1 Fiance(e) Visa Process & ProceduresAfter USA Wedding - how soon can she depart?

Our plans are for her to reside in the USA - eventually. I do not know the term "AP". We are thinking as of now she will remain in her country for a least a year before making the permanent move. The objective for this year is to have the required visa to allow her in and out of USA without issue. I need to have a clear-cut plan of action as soon as she arrives for the wedding. I am not sure on the SSN requirement for my state (thank's for the heads-up).

After we are married she can come and go on a Tourist Visa? She has alrady been denied a tourist visa but as a girlfriend not a spouse.




Yes, thank you. 180 days is almost, nearly, just about 6 months.



I agree - this job has made the K1 irrelevant for you. It was designed for those who wish to marry and then settle in the US immediately after. AP (advanced parole - read the K1 guide) is granted to allow the immigrant the opportunity to visit home or travel abroad for pleasure, etc. - not to basically leave and start a new job in another country.

If she has already been denied a tourist visa, chances are slim she'll get one just because she's married to a US citizen. In fact, it may hurt her chances as they would suspect her of having strong immigrant intent, and thus would not use the tourist visa for the intention it was issued. Sounds strange I know, but there it is.

There is no point in filing the I 129f. Marry and then when her job is done and you are both ready to settle here, follow the CR1/IR1 process.

*edited for clarity*

Edited by TracyTN, 07 August 2012 - 02:17 PM.

TracyTNFemaleUnited Kingdom2012-08-07 14:17:00
K-1 Fiance(e) Visa Process & Proceduresexpedite request
Moving thread from Politics and Religion forum to K1 forum.
TracyTNFemaleUnited Kingdom2012-08-08 09:11:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Visa while Disabled
To be clear - you have not 'completed a K1 visa'. You have completed and submitted an I 129f petition which, if approved, can ultimately lead to your fiancee receiving a K1 visa for entry into the US.

That said - there have been cases where this has worked, but normally, said applicants send proof of their disability and travel hardships, etc. with the petition. All you've done is send a petition and supporting documentation, which does not include evidence of having met in person within the last two years - a requirement of the I 129f. The adjudicator will have no choice but to deny the petition. They can only go on the information you provided them, and that information does not meet their requirements.

The situations in which this has worked are usually few and far between, and the petitioners normally have attorneys familiar with this kind of waiver of requirements to help them document everything. I think you can pretty much write off this petition which is unfortunate (they're not cheap!). I'd start researching now how to better present your case the second time around, or find an alternate way to meet your fiancee. Perhaps you can take a train, bus or car up to Canada where she can fly to meet you?

Edited by TracyTN, 05 October 2012 - 12:29 PM.

TracyTNFemaleUnited Kingdom2012-10-05 12:27:00
K-1 Fiance(e) Visa Process & ProceduresDo they always check father's DNA?
I didn't see the other thread, so I'm still reeling over the idea that someone could think abortion at 6 months would ever be considered. :blink:

Anyway - ditto what was said about the DNA test. You can't pull a fast one on USCIS/Dept. of State in this regard - sorry. Not even sure why you'd want to but hey.
TracyTNFemaleUnited Kingdom2012-10-09 09:19:00
K-1 Fiance(e) Visa Process & ProceduresI-94 form?

Because you said I was wrong, I did some research. I cannot find anything stating that those entering with visas, such as a K-1, will no longer need the white paper I-94 form. Can you please provide a source link that says they have stopped giving paper I-94 forms to visa entrants? They automated the entries for those coming in using the VWP and form I-94W. There is a Travel Update Notice from Sept. 17th stating that the I-94 data entry into the system is backlogged and they are considering automating the I-94 as well. However, they are just looking into it now. It has not been implemented as of yet.

http://www.cbp.gov/x...ing_out_i94.xml


This, and also the fact that sometimes, Social Security offices are known for either making up their own rules or ignoring the ones that are actually in place. Hence the inconsistencies from office to office when it comes to K1 entrants' experiences.

I am more curious about the tier 2 supervisor telling you that though. But you're from a VWP country (unlike the OP), so I'm guessing that makes a difference.

Edited by TracyTN, 28 September 2012 - 02:20 PM.

TracyTNFemaleUnited Kingdom2012-09-28 14:18:00
K-1 Fiance(e) Visa Process & Proceduresprevious wife w/10 yr greencard a red flag??
It's likely to be more of red flag at the consular interview than the petition stage - particularly with the affidavit of support. I would defer to those members from the PI to relate their experiences and give advice, though.
TracyTNFemaleUnited Kingdom2012-11-05 11:44:00
K-1 Fiance(e) Visa Process & ProceduresK1 NOID's at California Service Center

Concerning the labor-certification rationale for a family visa refusal, a consular officer in Guangzhou wrote:



http://guangzhou-ch....cript081217.doc

So DOS uses 212(a)(5)(A) as a ground to refuse a family or K1 visa. It doesn't seem logical. But make a note
of it and save it for future reference. In my experience, these are not fatal. They are somewhat analogous to 221(g)
refusals and they can eventually be overcome.


Great - thank you!
TracyTNFemaleUnited Kingdom2010-03-05 09:03:00
K-1 Fiance(e) Visa Process & ProceduresK1 NOID's at California Service Center
Very interesting read - thank you. There's a recent thread here (see below) where the K1 was denied at interview for just that reason - invalidation of a labor certification. It didn't make any sense to us. Honestly it still doesn't even after reading your post. I get that they're saying it's essentially a misrep, but why the language about labor certification on a family based visa?

Either way it doesn't sound too great for the couple in the thread.

http://www.visajourn...h...244418&st=0
TracyTNFemaleUnited Kingdom2010-03-03 22:07:00
K-1 Fiance(e) Visa Process & Proceduresconfused and angry

Ron, the "hard" rule is that you MUST get the divorce decrees - all of them. Each and every one of them. You are required to prove that you are free to marry. Our government allows you ONE way to do that: you give them all prior marriage termination documents.

You are asking our government to grant you the privilege of bringing a foreigner here to marry you. The rules say that if you want them to consider your request, you must prove that you are free from all prior marriages - free to marry. Period. No other option. Anything you thought based on the number of lines on the form is wrong. If your attorney told you only the two most recent matter: wrong. You must get the documents, and you must do everything in your power to get them to her and to the embassy/consulate before her interview.

It does not matter how brief a marriage was, or how long ago, or how or why it was terminated: you MUST prove via a decree or certificate that it was legally ended - and ended legally. It is a) proof that you are, in fact, free to marry, and b) your fiancee MUST know about each and every one of these marriages, and how it ended, or the officer may think that your are defrauding her. Not everyone will marry someone who has been married and divorced many times - or marry someone who has had several prior wives, say, die from unknown causes. You are demonstrating the truth about your past, and proving you are free to marry the person you are bringing here to marry. The officer can and will ask her about all of your prior marriages and divorces, and the rules require you to provide proof of how they ended, and that they ended.


When you get each and every decree - and if you work it, you may be able to get them prior to her interview - everyone is right: make sure you scan and email copies to her, not just to your attorney, because if your attorney screws it up and fails to get them to the consulate or embassy in time, as least your fiance can bring them to her interview, along with the rest of the documents she is bringing, nothing out of the ordinary - and so demonstrate that she knows your history, in addition to being able to fulfill the documentation requirement. She can always explain that you misunderstood the form, if that is the case, but that everything is complete now - IF she has all the decrees with her.

Now is not the time to be confused and angry. Now is the time to say "Wow - I am lucky to find this out now, maybe in time to pull it out of the fire." Now is the time to cowboy up and get her the documents, to be the hero here, to make it happen for her. Good luck getting them!

"i can not beleive it i still had the docs." - do you mean you have found your other divorce decree?

Your original post says: "sveta has full copies of the last 2 divorces the others are in another state and sveta has visa interview in 1 week " - Have you found one missing decree, but still need to order another, for a total of 4? Are there others? Get them ALL.


^^This.

I hope that the consulate doesn't deny the visa because you didn't list all your prior divorces as requested at the I 129 f phase. They likely won't, but they could if they had any doubts about your case at all - citing misrepresentation on your part. Whether your fiancee knows about the divorces could be irrelevant to them if they decide you knowingly concealed a material fact. People have been denied for lesser things.

I hope all goes well for you.

Edited by TracyTN, 17 October 2012 - 03:14 PM.

TracyTNFemaleUnited Kingdom2012-10-17 15:14:00
K-1 Fiance(e) Visa Process & ProceduresNo, you CANNOT file a I-129F and marry while waiting.

Where'd we dig up this ancient thread? :huh:


I was wondering the same thing! LOL
TracyTNFemaleUnited Kingdom2010-03-10 08:03:00
K-1 Fiance(e) Visa Process & ProceduresK-1 after denied entry
The officers at POE do not issue visas so they can't 'ban' him from anything in that respect. They HAVE banned him from using the VWP. The two are not related really.

As the prior poster mentioned, I am more concerned that he signed something saying he lied - also known as a misrepresentation - that is a HUGE no - no when seeking any sort of immigration benefit. What did the lawyers you talked to say about this? Did they see a copy of what he signed?

217.4 is the code for inadmissability which is just very general and likely innocuous; but the form he signed admitting he lied is more problematic.
TracyTNFemaleUnited Kingdom2010-11-10 09:12:00
K-1 Fiance(e) Visa Process & ProceduresNo Immunization Record

Jamaican fiance has no records of previous immunizations sooo I'm curious what the next step should be. I'm hearing a lot that start the immunizations asap and get as many done as possible before the medical exam before the interview.

Sooo does he simply go to a local doctor (which will be in Ocho Rios), and use this list (http://travel.state..../info_3745.html):

•Hepatitis A
•Hepatitis B
•Influenza
•Influenza type b (Hib)
•Measles
•Meningococcal
•Mumps
•Penumococcal
•Pertussis
•Polio
•Rotavirus
•Rubella
•Tetanus and diphtheria toxoids
•Varicella

Then for booster shots, if there's time before the medical exam for the interview, he gets them at the same doctor? But if there isn't time for booster shots, he must pay at the exam? I'm unsure what shots need more than one shot to be a completed series.

I've also heard about asking the doctor to do an antibody test in the blood to show what the patient is immune to, due to prior immunizations. Is this a possibility? He received all shots needed to enter school so it seems such a waste to do them again, I'm definately hoping for another way!

Thanks :blush:


From what I seen you have not filed as yet..? Your Jamaican Fiancée should visit the nearest clinic and get her required shots ASAP. IF if she must go to the Medical Appointment without any records then she can expect to pay upto about $130.00 more depending on the Medical office she chooses.
RICARDO4EVA2MaleJamaica2011-06-11 20:15:00
K-1 Fiance(e) Visa Process & ProceduresNationality/Citizenship FILL IN THE BLANK

No, it's two continents; North America, and South America. North America includes Canada, the United States, Mexico, all of the countries in the sub-continent of Central America, and whole lot of island nations. South American includes all of the nations on the continental landmass south of Panama, and a bunch of island nations.

America is also a province in Argentina, and there are towns named America in Illinois, Oklahoma, Mexico, and the Netherlands.

The term "America" can be used in reference to any of the above. However, the term "American" is rarely used in English to refer to someone or something not connected to the United States.

In answer to the "Nationality" question on the G-325A, any unambiguous answer will suffice. "American", "US" or "USA", "United States", etc. On the other hand, answers that wouldn't be acceptable include "Westerner", "Caucasian", and "Democrat". :whistle:


For the last 1 YEAR.. I have always loved your responses Posted Image
RICARDO4EVA2MaleJamaica2011-06-15 09:57:00
K-1 Fiance(e) Visa Process & ProceduresNationality/Citizenship FILL IN THE BLANK

I'm finding your response to be rather, well rude to those posting to a question I had. All answers are 'sensible', that's rude to say otherwise, when someone's answering to their best knowledge and you find it best to put them down, that's not nice!! :no:

Some people do refer to America as continent, though not the name found in books, it is "the americas", etc. How about helpful advice instead of personal attacks? :yes: :yes: :yes:

Responses? Rude? As I stated above ... My dear America isnt a continent .. But u wouldn't know. I'm on my cell and I'm driving and can't respond how I really want to... So block me... It is easy.

Edited by RICARDO4EVA2, 15 June 2011 - 09:41 AM.

RICARDO4EVA2MaleJamaica2011-06-15 09:39:00
K-1 Fiance(e) Visa Process & ProceduresNationality/Citizenship FILL IN THE BLANK
Put American or USA .. end result is the same. There's one Nation with Americans and that is the USA. Sad.
RICARDO4EVA2MaleJamaica2011-06-15 08:03:00
K-1 Fiance(e) Visa Process & ProceduresNationality/Citizenship FILL IN THE BLANK

I ALWAYS put USA, America is the continent so Mexican people for example are also from America.
USA is correct


America is NOT a continent..Please stop....!

You can say american. Anyone who thinks differently doesnt understand that the question is asking nationality and there is no nation called America other than the United States of America. Even if you are of the Americas your nationality would be canadian, brazilian, etc. etc. American fits.


You have the first SENSIBLE response... Posted Image
RICARDO4EVA2MaleJamaica2011-06-15 08:00:00
K-1 Fiance(e) Visa Process & ProceduresOverseas Job

I will not be working under the US gov but it is only a 1 yr position. If the interview is a problem is there a possibility of delaying it until I come back??
...
Any suggestions for who I should contact about my situation?


well the interview could be a problem if the immigration is brought into the country and then "Let Go." Meaning you then take off for a year. It's like what was the point opt for a K-1 ( a little faster) only to leave him here shortly after.

I don't think the interview would be an issue, the interview is really easy as long as your fiance knows you well and she knows your personal information then she should not be worried about the interview it won't take a long time 5 minutes is the most.


I think a 5 minute interview on a stand alone applicant where they would expect the other part wont "just be 5 minutes.." otherwise why request both parties.
RICARDO4EVA2MaleJamaica2011-06-16 06:59:00
K-1 Fiance(e) Visa Process & ProceduresOverseas Job

I recently found out that I will be working overseas starting later this year (Oct). My fiance is still waiting for an interview date for k-1 visa, we've sent in all of the paper work. I'm guessing that he will get a July date. I would like to be married and have all the paperwork and interviews for AOS finished before I leave, but I know that it will take at least 3 months...I'm in need of Advice ASAP. Thanks in advance.


no advise but he needs to be in the USA before you leave which is possible. AOS interview for Oct. 2011 is highly unlikely. Are you an interest of the govt.?

Edited by RICARDO4EVA2, 15 June 2011 - 11:32 PM.

RICARDO4EVA2MaleJamaica2011-06-15 23:32:00
K-1 Fiance(e) Visa Process & ProceduresCurrent address bs perm address
Your FL address is good enough.
RICARDO4EVA2MaleJamaica2011-06-21 11:33:00
K-1 Fiance(e) Visa Process & Procedurescan he be denied?

Sometimes God's hands are manifested by your foot in his behind. Hopefully this will be a not too painful lesson for him on the impact of even small decisions. Good luck to you.


This is too funny.
RICARDO4EVA2MaleJamaica2011-06-29 11:59:00
K-1 Fiance(e) Visa Process & Procedurescan he be denied?

An immigration attorney is not going to do anything at this point - they can't speak at the interview on his behalf -

Lol get a lawyer... A waste of $$$.
RICARDO4EVA2MaleJamaica2011-06-29 11:32:00