ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresWhere is requirement for proof of relationship?

Wow ... I guess I didn't state my position clear enough. The ONLY thing the first step of the k1 process requires as far as a relationship is that the two parties have been together in the last two years. The contents of the notarized document have nothing to do with proving you have been together. It is the fact that the two parties have been in the same room ... standing in front of a notary TOGETHER ... and that an authorized person (the notary) is testifying that he has verified the identity of the two parties by checking their official ID's (with photo IDs .... e.g., passports, ). The notary does not read the document ... the notaries only responsibility is to assure that the two parties who are present together are who they say they are.

If a notary falsifies a signature they lose their job ... are fined ... and can go to prison.


I didn't realize you were saying that both parties would be in front of the notary. I thought you meant that, for example, you'd have a document notarized and were saying that by doing so, it was PROOF that what was contained on said paper was genuine.

I suppose there is some logic in having the same notary put their stamp on your letters of intent. But plenty of people don't (we didn't) and have had no problems proving they'd met within the last 2 years.
TracyTNFemaleUnited Kingdom2010-02-10 08:18:00
K-1 Fiance(e) Visa Process & ProceduresWhere is requirement for proof of relationship?

I don't agree that a notarized document can be faked. The contents of the document is not the point ... it doesn't matter what the document says. The point is that the document is signed by the petitioner and his fiancee and in order for a notary to acknowledge the document they must see proof of who the persons are ... including a photo ID. In the case of a foreign fiancee the requirement is that they show their countries identity document and/or passport ... both which contain the necessary photo ID.

If two people signed the document in front of a notary (that is the requirement ... the documents cannot be signed before presented to the notary) then they obviously have met. The document could be a blank piece of paper.

The document is then stamped and logged in so that the notary can be contacted to confirm the information. Any important financial document ... for instance ... must be notarized. It is the accepted standard way to prove the validity of the people involved in the transaction.


You made my point twice. If all the notary is doing is confirming you are who you say you are, what does that have to do with making sure that the information in said document is also true and accurate?
TracyTNFemaleUnited Kingdom2010-02-09 14:56:00
K-1 Fiance(e) Visa Process & ProceduresWhere is requirement for proof of relationship?

This is a follow up to my question about using notarized documents to prove we have met and intend to get married.

I am submitting the 129f petition this week and I am intrigued about the various suggestions people make regarding the evidence that is required to prove we met and intend to get married. I will submit photos and passport stamps as suggested but it seems to me that the use of notarized documents is indisputable proof that cannot be contested.

Photos can easily be doctored with today's technology.

Airline tickets and passport stamps only show that the parties were probably in the same country at the same time ... they do not prove conclusively that the two people were together.

I can easily create emails with whatever dates I want to show. None of these are absolute proof that we were together.

In my opinion there is nothing easier and less expensive than using notarized documents. It costs less than $10 to have a document notarized. In our case we are submitting a Letter stating our intent to get married that contains both of our signatures that has been notarized. This proves conclusively that we were together in front of the notary. The notary is an authorized representative of the government and the notary cannot stamp the document unless they have been presented with the necessary information (passport, photo ID, etc) that proves the people who are signing the document are who they claim to be. The notary also records the information in a logbook so that one simple call to the notary can be made by anyone who needs confirmation that we met by talking to the notary.

We also are submitting a notarized letter from the person who will be performing our marriage ceremony stating that we met TOGETHER with him and that he is planning to perform the marriage ceremony. The letter is on his stationary (in our case this is a mayor of my town).

Those two documents would seem to me to prove exactly what is asked for. I cannot find anything in an official document that states they need to understand the nature of the relationship.

I am intrigued about this issue and I am wondering if there is any way to get an "official" opinion from the USICS about the use of notarized documents. IF these prove conclusively that we met it is a lot easier than printing emails and taking photos, etc that can still be challenged as to their validity.


I think you're getting ahead of yourself just a bit.

At the petition phase, all they're really trying to establish is that the couple have physically met within the past two years, and that both are free to marry. Those are the two main requirements for having an I 129f petition approved. (Aside from the petitioner being a USC.) The suggestions you've seen on the board for airline boarding passes/passport stamps, photos, divorce documents, letters of intent, etc. are to establish both of those facts.

Judgments about legitimate relationships are largely left to consular officers at the time of interview. Because as you've mentioned, it can be too easy to 'fake it' by documents alone.

BTW all notarized documents prove is that the person who signed the document is who they say they are. You can still fabricate information in those documents - a notary would have no way to distinguish that. So I don't think that's the greatest measuring stick either.
TracyTNFemaleUnited Kingdom2010-02-09 10:00:00
K-1 Fiance(e) Visa Process & ProceduresHow do you know when the Visa is approved at USCIS Service Center
NVC (aka DOS) phone number:

(202) 663-1225
TracyTNFemaleUnited Kingdom2010-02-12 11:19:00
K-1 Fiance(e) Visa Process & ProceduresHow do you know when the Visa is approved at USCIS Service Center

Just to nitpick but your visa is not approved at the USCIS service center. Your petition is.


:yes:

So for the K-1 Visa, I will recieve the NOA2 in the mail before the update is made on the USCIS website (where I enter the case number from the NOA1)?

Does this mean for the K-1 that website is only useful for determining that your check was cashed?


For the K1 (I 129f) petition, you may well receive the NOA2 in the mail before seeing it on the website. Its not a perfect system unfortunately, and each case is different - your mileage may vary.

The only real thing the website is useful for is to show you it's pending, and often people first learn of an RFE by an update on this site - but even at that, you have to get the RFE in the mail before you know what exactly they're looking for. I've always found out we were approved via that site (or email notifications) instead of snail mail - but that isn't fail safe.
TracyTNFemaleUnited Kingdom2010-02-12 09:10:00
K-1 Fiance(e) Visa Process & ProceduresLetter of Intent
Ooh yeah - good point. Thanks duplantisjj!
TracyTNFemaleUnited Kingdom2010-02-17 15:48:00
K-1 Fiance(e) Visa Process & ProceduresLetter of Intent
Same letter is fine, just with an updated date. No need to mention the interview date.
TracyTNFemaleUnited Kingdom2010-02-17 11:13:00
K-1 Fiance(e) Visa Process & ProceduresNotarized Statements

Not really. It's included in the I-129F, not only during the interview phase. ;)


Never heard of such a thing. I'm not saying they can't be included at either phase - I'm just surprised by the suggestion of it at all.
TracyTNFemaleUnited Kingdom2010-02-17 16:00:00
K-1 Fiance(e) Visa Process & ProceduresNotarized Statements
If you did need them (and I've never heard of such a thing), it wouldn't be at the petition phase, but rather, the interview stage.

Get your petition in the mail and worry about this later. If at all.
TracyTNFemaleUnited Kingdom2010-02-17 15:52:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support + tax returns?
I think it's always been there - not that I'm questioning your eyesight at all! I just know it's always been standard procedure to have 3 years of tax returns and an I 134 ready for the interview at London. It most certainly was when (now) hubby interviewed in 2007 and I'm sure it was in place for some time before then.
TracyTNFemaleUnited Kingdom2010-02-17 08:37:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support + tax returns?
So London's instructions no longer includes verbiage about the I 134 and/or tax returns?? You mean on the stuff they sent you in the mail or on their website? I'm very surprised by that. It's always seemed to be standard to me.
TracyTNFemaleUnited Kingdom2010-02-17 08:21:00
K-1 Fiance(e) Visa Process & ProceduresWhat if he was here illegally?

This is probably a stupid question, but how will "they" know he was here?


Did you still not read the link I provided in my first post? They address this there.

Guess not, so I'll quote that particular section,

"Q. Can't I just lie? How will they know?

A. The forms you fill out require you to sign affirming that all of the information you list is true to the best of your knowledge. Serious penalties exist for both the alien and the US citizen half of the couple if they knowingly falsify documents including enormous fines, jail time and a permanent ban on ever legalizing the alien. You should know that the consulate will conduct a background check including sending your fingerprints to the FBI and other government databases and may have access to other records as well. Even in cases where an alien has sent his/ her fingerprints to the FBI and received a clean record back or sent FOIA requests regarding records of him or her and received those back with no data the interviewer at the consulate has still had knowledge of the alien's entrances, etc."

Again, from http://immigrate2us......ion-Included)
TracyTNFemaleUnited Kingdom2010-02-18 15:18:00
K-1 Fiance(e) Visa Process & ProceduresWhat if he was here illegally?

One more thing. Catholic Charities is not just a lame option. They have amazing lawyers. I was a special juvenile immigrant class LS6 very complicated case I was a child. I went to catholic charities and you just don't get this kind of services with any lawyer. I remember once there were more than 6 lawyers from catholic charities assisting on my case. Actually catholic charities maybe your best option even if you have all the money to pay for any lawyer.

This is my personal experience.


I'm really glad to hear that - I recommend them a lot and had never heard any complaints per se about the service they provide - but it's always nice to hear a ringing endorsement. :)
TracyTNFemaleUnited Kingdom2010-02-18 15:16:00
K-1 Fiance(e) Visa Process & ProceduresWhat if he was here illegally?

3 years


Yikes. Likely 10 year ban but waivers have been successful. Really an attorney can give you better guidelines on what to do next. If you read the link I provided, that website/forum deals mainly with those in your same situation, many from Mexico though (same difference really). One attorney actively participates on that site as well.
TracyTNFemaleUnited Kingdom2010-02-18 13:46:00
K-1 Fiance(e) Visa Process & ProceduresWhat if he was here illegally?

So basically we are screwed all the way around....thanks for the advice.

:crying:

he is still here
i cannot afford an amazing lawyer
he wants to return home and make all of this right so we can be together.
doens't look good...

:crying:


Catholic Charities can provide immigration legal assistance for little to no cost. If there is not one near you, find an attorney who will let you work out a payment plan. I wouldn't let $ deter me anyway.

Besides which, most will offer at least a free consultation so you'd know where you stand at the very least.

How long has he been here now?
TracyTNFemaleUnited Kingdom2010-02-18 13:41:00
K-1 Fiance(e) Visa Process & ProceduresWhat if he was here illegally?

He would need a waiver most likely if he was EWI.

(entered without inspection)

Never lie (misrepresentation is not a good place to be with USCIS)

Where is he now?


I agree, and I agree that having an attorney to help you navigate this is crucial. Also how long he was here illegally makes a difference to the answers you might receive as well as far as what penalty he would receive.

I believe in order for a waiver to be successful, you must prove a hardship to you (the USC) if the alien is not allowed to emigrate here. But I would certainly start with an attorney consultation and figure out where to go from there.

Edited to add : this link may help http://immigrate2us......ion-Included)

Good luck.

Edited by TracyTN, 18 February 2010 - 01:37 PM.

TracyTNFemaleUnited Kingdom2010-02-18 13:30:00
K-1 Fiance(e) Visa Process & ProceduresTotal fees for K1 just to get here

Please re-read what I said - you even quoted and bolded it "you can get [the EAD and AP] with the I-485 for free"

The K1 is eligible to file for EAD (and AP), all you need is the I94 (and in fact, you can get it at JFK without having to wait). However, they expire with the I94 at 90 days, and both take about 3 months to come, which means if you're not coming in at JFK, it's useless - it won't arrive until after it's expired... which is why it's not worth it. Maybe you'll get lucky and it comes in 2 months, but a month of additional work eligibility may or may not be worth it if you're not making a fair amount of money.


FYI that stamp from JFK is no longer a valid way for employers to confirm your work authorization status. They've been instructed to wait for the actual EAD on a new employee's I 9.
TracyTNFemaleUnited Kingdom2010-01-28 16:19:00
K-1 Fiance(e) Visa Process & ProceduresU.S. Peace Corps Volunteers & K1 Visa (El Salvador)

I was hoping that my parents could co-sponsor the visa to meet the financial requirements, but I just read that co-sponsors are NOT accepted for K1 Visas.


Where did you read that?

Though the term is generally joint sponsor instead of co sponsor.
TracyTNFemaleUnited Kingdom2010-02-18 15:32:00
K-1 Fiance(e) Visa Process & Procedurestwo questions about K-1
Agreed - that wasn't too wise. If you're going to call each other that, at least don't send proof of it in to USCIS.

Good luck.
TracyTNFemaleUnited Kingdom2010-02-19 08:06:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa reissued - Will there be problem at the Airport US Immigration Customs?

I don't understand what you mean by "The dates should shift" ? Still stick within the 90 days limitation from my first entry to US on 24th Dec 2009?


:yes:
TracyTNFemaleUnited Kingdom2010-02-25 11:09:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa reissued - Will there be problem at the Airport US Immigration Customs?
If they reissued the visa, you should be ok - but keep in mind that allowing entry is solely up to the CBP officer at your point of entry. In other words, no one here can tell you for sure what they will/will not do.
TracyTNFemaleUnited Kingdom2010-02-23 11:23:00
K-1 Fiance(e) Visa Process & ProceduresAppointment Letter

By the way, how to fill in my time line? sorry...


Go to the main page of the forum and click the 'VJ Timeline' icon at the top of the page - right above the text which reads 'Welcome back; your last visit was:'
TracyTNFemaleUnited Kingdom2010-02-25 14:44:00
K-1 Fiance(e) Visa Process & ProceduresAppointment Letter
Kathryn was referring to having moved your thread from one forum to another.
TracyTNFemaleUnited Kingdom2010-02-23 08:53:00
K-1 Fiance(e) Visa Process & Proceduresdeclaration of visiting
Just a one or two sentence answer stating how you met. If you met online initially, state where you 'met' and then when/how you met in person.
TracyTNFemaleUnited Kingdom2010-02-25 14:58:00
K-1 Fiance(e) Visa Process & ProceduresDenied petition - are we still in their system?
It could - they wouldn't know if you'd broken up!

Strong ties = letter from employer, landlord, bank statements showing your funds still reside in Sweden, etc. If you're a student, perhaps bring a copy of your current schedule or a transcript of some sort from the university (anyone can buy school books, so that doesn't prove much) showing you would be returning to complete the courses.
TracyTNFemaleUnited Kingdom2010-02-26 10:42:00
K-1 Fiance(e) Visa Process & ProceduresDenied petition - are we still in their system?
Yes, you're in their database now. That doesn't mean you can't get married and change visa types (though that won't help you if the 'paper' issue with his divorce paperwork doesn't get resolved between now and then) and the non USC can visit. There is never a guarantee of entry, however, so the alien will want to bring strong ties to home if coming to the US for a visit.
TracyTNFemaleUnited Kingdom2010-02-26 10:20:00
K-1 Fiance(e) Visa Process & ProceduresStarting K1 process soon, have some questions
I believe there's quite a wait at Montreal for K1 interviews.

Beyond that, this may help:

http://www.visajourn...mp;cty=Montreal
TracyTNFemaleUnited Kingdom2010-01-15 12:24:00
K-1 Fiance(e) Visa Process & ProceduresK1 - Need Clarification (Timeline)
1.) Figure out how long the average approvals are for your service center (your profile doesn't tell us)

http://www.visajourn...h...&page=times

Then find out how long from petition approval it is taking folks at your consulate to get interviews. Add those two times and that should give you an estimate.

Once you receive the visa, you have 6 months to enter the US. Once you are here, you have 90 days to marry.

*edited to correct URL :) *

Edited by TracyTN, 01 March 2010 - 04:15 PM.

TracyTNFemaleUnited Kingdom2010-03-01 16:14:00
K-1 Fiance(e) Visa Process & ProceduresA couple pieces of advice?
I concur with the other posters. Doesn't sound like the K1 is feasible for you at this point.

As an aside, I would get his US citizenship as soon as he's eligible (3 years after he becomes a green card holder) - that way, you won't have to deal with US immigration once you move back to the UK - and in the event you may ever want to come back here. Sort of a 'keep your options open' kind of thing. ;)
TracyTNFemaleUnited Kingdom2010-03-03 11:48:00
K-1 Fiance(e) Visa Process & ProceduresApplied K-1 then got married outside the US

It's not a grey area. You are either married or you are not. We recently had a thread where the petitioner completely screwed up their life by marrying again in the USA after having married abroad. If countries didn't recognize marriages that took place in other countries, some people would need several weddings. The US doesn't recognize plural marriages for immigration purposes regardless of where they are performed. Otherwise, married is married.


:yes:
TracyTNFemaleUnited Kingdom2010-02-26 11:16:00
K-1 Fiance(e) Visa Process & ProceduresApplied K-1 then got married outside the US
I guess I don't see dual citizenship and being married or not as quite the same thing. But I'm funny that way.
TracyTNFemaleUnited Kingdom2010-02-26 09:38:00
K-1 Fiance(e) Visa Process & ProceduresApplied K-1 then got married outside the US
I don't get how there's a grey area here. If you have a ceremony and have it registered, you are married - and by that definition, a K1 visa is no longer an option for you.
TracyTNFemaleUnited Kingdom2010-02-26 09:25:00
K-1 Fiance(e) Visa Process & ProceduresGrrr Just Frustrated

I didn't think for the I-129 packet it had to be a specific size photo. Everything I have read said it had to be a "passport type" photo. I know for the actual interview a 2x2 photo has to be presented. Maybe I am wrong, but I hope not as I have mailed mine out today.


The K1 guide on VJ refers to these photo specifications:

http://travel.state....de 10-01-04.pdf
TracyTNFemaleUnited Kingdom2010-03-03 22:26:00
K-1 Fiance(e) Visa Process & Proceduresvaccination records lost, fiancee from mexico
Its not bad, but she should be prepared to repeat the vaccinations at the visa medical. Or she can get them in advance from another doctor, get a record from them and take that to the visa medical.
TracyTNFemaleUnited Kingdom2010-03-05 10:53:00
K-1 Fiance(e) Visa Process & ProceduresDisability, dependents and other things we need some advice on.
Consulates are different about this. Some apply the 125% rule on the I 134 anyway - some go with 100%. I believe London routinely goes with 125%. Unless you can find recent examples from your consulate so that you know for sure, it's best to aim for 125% - then you've over prepared instead of under prepared.
TracyTNFemaleUnited Kingdom2010-03-05 10:46:00
K-1 Fiance(e) Visa Process & ProceduresI-129F If you are serving overseas
The question reads "If you are serving overseas in the Armed Forces of the United States, please answer the following."

As a contractor, you are not IN the armed forces, right? So N/A would be the correct answer.

Never leave anything blank - that's a recipe for an RFE.

Edited by TracyTN, 05 March 2010 - 04:12 PM.

TracyTNFemaleUnited Kingdom2010-03-05 16:11:00
K-1 Fiance(e) Visa Process & ProceduresExtending K-1 Visa?
Yes, the visa is valid for 6 months.

If you drag your feet a little in returning documents to the consulate, you can probably put off the interview time a bit, giving your fiance time to complete his work assignment.
TracyTNFemaleUnited Kingdom2010-03-03 09:07:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Visa and working before Adjustment of Status

Thanks for the reply. Ok so I can get an EAD perhaps before the green card interview, but still need to submit affidavit of support with AOS to get the EAD, and do it before the 90 days is up on the fiancee visa. SO really there is no way to do it this way?


To clarify, a K1 visa doesn't have 90 days on it - it expires the moment you enter the US. Your status is then derived from your I 94, and once that runs out, your pending AOS application.

You have 90 days from US entry in which to marry.

It's important to understand the flow of things, and esp. where you derive your status once you arrive.

Sounds like you'll have to have a joint sponsor for the affidavit of support when you submit the AOS packet (which as was stated, is at the same time as applying for EAD and advanced parole). If I recall, form I 864's instructions state what that obligation is if your in laws want to read it.

If you happen to be interviewed for your green card, and you are at that time making enough money on your own, you can give them that information at that time. Remember though that not everyone is interviewed for green cards, so your in law's I 864 may 'stand'.
TracyTNFemaleUnited Kingdom2010-03-08 14:18:00
K-1 Fiance(e) Visa Process & ProceduresMajor Problems with USCIS - anyone else?

I just want to thank Tractm for the great links on her post, very helpful, thank you


Is that meant for me? LOL

If so - you're welcome!!
TracyTNFemaleUnited Kingdom2010-03-09 09:45:00
K-1 Fiance(e) Visa Process & ProceduresMajor Problems with USCIS - anyone else?

maybe I'm niaive, but I'd have thought they would OFFER to expedite a new application since 1) it's their fault and 2) they've been fobbing my fiance off since January over the phone instead of just telling us and letting us get a new application together.


HA!! That is expecting too much of USCIS! Honestly though I think there are just so many applications in the pipeline that their wittle brains can't handle it. :D
TracyTNFemaleUnited Kingdom2010-03-08 16:07:00