ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & Procedureshere is a case of my friend...
It says that form must be filled out 'on behalf of' an alien, not by the alien themselves. So that recruitment agency must be footing the bill.

I'd at least inform them that there is about to be a K1 filed. They may want to know that she may be emigrating here anyway, and spare themselves the further cost of sponsoring her.

But I don't think having both in the system at the same time can hurt her. It may not hurt to run that past an immigration attorney, though - just to have all bases covered. Many will do free consultations - or perhaps the recruitment agency would have one that they can ask.
TracyTNFemaleUnited Kingdom2010-04-06 13:07:00
K-1 Fiance(e) Visa Process & Procedureshere is a case of my friend...
A work visa and an immigrant visa are two different things to me. Are you saying an employer agreed to sponsor her for a visa?
TracyTNFemaleUnited Kingdom2010-04-06 12:27:00
K-1 Fiance(e) Visa Process & Procedureshere is a case of my friend...
That's still pretty vague, but I assume a family member filed an I 130 petition on her behalf. In which case, no, it doesn't matter if the K1 process is initiated for her. She'll just want to be sure to disclose the pending immigrant petition whenever asked.
TracyTNFemaleUnited Kingdom2010-04-06 08:48:00
K-1 Fiance(e) Visa Process & Procedureshere is a case of my friend...
Need to find out what the 'pending application' is before we can tell you anything.
TracyTNFemaleUnited Kingdom2010-04-06 07:22:00
K-1 Fiance(e) Visa Process & Procedures1st post former NSC adjudicator now petitioner

Yes, either you misunderstood my comments or I did a poor job explaining it.

If you want to refer to it as a checklist of things that must accompnay a petition then call it that, but really it's a good working knowledge of the regulatory guidance as spelled out in 8 CFR which is our bible as Immigration Officers. Some have a written checklist at thier desks and some have it committed to memory. But we all know what "has" to be in the application packet at a minimum, for any petition. If a question arose we would consult the CFR.

So as to not confuse anyone, you must always provide what the petition is calling for or run the risk of not being approved or RFE'd. I would not approve a petition of any kind unless it had at least the minimum items required by the law. Thats just following the law I was working under. I think I would speak for other officers as well. If it doesn't meet the criteria set forth under the CFR, its a no-go.

Proof of relationship is a requirement and therefore you must provide the neccessary information to prove that. Don't leave it out!

What I was referring to was that I knew what required items I HAD to look at or HAD to be included in the packet to receive an approval stamp. Outside of the mandatory things the rest is considered supporting information. And while it may not be applicable to me and my small part of the approval process, it could be VERY relevant or even a required piece of information to the consular officer down the road at the Embassy or to someone else.

Its usually all relevant information to someone, but I would not focus on it because it was not relevant to my small part of the overall approval process. Thats what I meant to say... Does that help?


No worries - it was probably my NOA2-less addled brain not reading it right :D moreso than you being unclear.

I appreciate the clarification, and am suddenly glad that I included proof of an ongoing relationship (albeit not as much as AngelD seems to have sent!).
TracyTNFemaleUnited Kingdom2007-02-22 18:12:00
K-1 Fiance(e) Visa Process & Procedures1st post former NSC adjudicator now petitioner
I think Husker may have finally helped us end this loooooong VJ debate about including proof of an ongoing relationship with the I 129f petition. If I'm understanding correctly, it seems as if its not needed by the adjudicator to do his or her job.

Did I mis-state that, Husker, or would you agree?
TracyTNFemaleUnited Kingdom2007-02-22 16:32:00
K-1 Fiance(e) Visa Process & Procedures1st post former NSC adjudicator now petitioner
Do they ever 'cable notify' the consulates anymore? I thought that was a thing of the past.
TracyTNFemaleUnited Kingdom2007-02-22 14:19:00
K-1 Fiance(e) Visa Process & Procedures1st post former NSC adjudicator now petitioner

I would say that its waaayyy to soon for you to file a congressional. You just have a lot of people in front of you is all. Give it some more time like maybe 30 days.


Right on, brutha! Thanks for the info. :thumbs:

Vermont. Vermont is notoriously, wickedly FAST. I'd give my left eyeball to have gone through VSC.

So there's another question - why the h#$% can't they send some of the TSC/NSC/CSC backlog to freaking VSC (ever known as 'greased lightning')????
TracyTNFemaleUnited Kingdom2007-02-22 10:24:00
K-1 Fiance(e) Visa Process & Procedures1st post former NSC adjudicator now petitioner

Short answer this morning. Basically, because congressional are such a pain for the cIS folks to respond to and a very serious matter, I would nottake them lightly, and give them the serious consideration they deserve. Sounds like you appreciate this fact.

So, Iwould never encourage a person to just file a "congressional" to jump the line" or move ahead of everyone else. Thats not the purpose. I only recommend you use this last resort when the system has broken down for some reason in your case or there are extraordinary circumstances that require an immediate intervention by your representative (ie deportation hearing etc...).

I would say if your application has not been worked with its normal date group within a reasonable amount of time taking into accountthe additional time a security hit mighttake to resolve, then it might be appropriate. But, I would err on the side of patience and use it only as a last resort. I saythis to be fareto all the other people waiting patiently in line with you.

Hope that helps.


That does help - thank you. I guess my only other question would be what you mean by 'normal date group' - to me, I see cases on Visa Journey that have a NOA1 date around or after mine which have already been approved, yet here we sit.

Are those folks considered my 'normal date group', or what other barometer should I use to determine that?

It FEELS like I'm languishing, but it may just be my heightened, emotional perception (moreso than reality). And I don't want involve my congressman if it would be out of order for me to do so.

And thanks, too, for your comments on a file being misplaced. :thumbs:
TracyTNFemaleUnited Kingdom2007-02-22 08:57:00
K-1 Fiance(e) Visa Process & Procedures1st post former NSC adjudicator now petitioner
HuskerKiev, I am SO happy you are here and I appreciate your very descriptive and helpful posts. :) Of course, I have a few questions myself.

You mentioned files getting misplaced. Does this happen often, and if so, why? (I'm starting to feel misplaced - can you tell? LOL)

I was surprised to read that a congressional inquiry gets your case some 'attention'. I thought a congressman/woman calling at this stage was really no use to you. Since it seems to be, is there a general rule of thumb as to when the congressperson should be involved? In other words, should the petitioner wait a certain amount of time before calling their representative?

I mean - if someone involved their congress person after, say, two weeks of filing the petition, it would seem to me that would be an outrageous request (to expect special 'attention' that early on). But three months on doesn't seem like an outrageous request - unless USCIS has some sort of criteria on when its acceptable to have a congressional inquiry.

Sorry if I'm not making sense. Its early here, and I've not yet had caffeine. :P
TracyTNFemaleUnited Kingdom2007-02-22 08:29:00
K-1 Fiance(e) Visa Process & ProceduresK1- visa - Are photos realy needed
QUOTE (atfon1 @ Aug 29 2007, 09:33 PM) <{POST_SNAPBACK}>
Hi Friends;

I planning to apply k1 visa for my fiancee. We have year long friendship. But I do not have
photos taken together. Is this going to be problem.

I have lots of mails exchanged between us, and phone bills for with numbers for time we spent talking.
I hope I do not have to do a special trip to get snaps together. Is any body have similar experiances.

I have travel twice to see my fiancee with in last 2 years. Yes my mistake not take snaps, I had no clue this
is needed. Appreciate your help!


Not to be a stickler, but -

you will be submitting a petition for a K1 visa on behalf of your fiancee.

She will apply for the visa at the overseas consulate once the petition has been approved and sent to the overseas consulate via the National Visa Center.
TracyTNFemaleUnited Kingdom2007-08-30 11:06:00
K-1 Fiance(e) Visa Process & ProceduresPosting Safety at VisaJourney
Another suggestion I'd like to make is for folks to be sure and blank out their names or other pertinent information (even an email address) when posting copies of letters, or examples of forms, etc.

I've seen lots of people type in examples of letters (hardship letters in the waivers forum come to mind) and list either their full name or their spouse's name (or both). Just makes me cringe.

You never know who is out there, folks, and what their intentions might be. So protect yourself (and I'm not talking bout condoms :lol:
TracyTNFemaleUnited Kingdom2006-03-30 09:33:00
K-1 Fiance(e) Visa Process & ProceduresFiancee is pregnant
pax :lol:
TracyTNFemaleUnited Kingdom2006-05-19 09:57:00
K-1 Fiance(e) Visa Process & ProceduresFiancee is pregnant
elwintro, I would like you to show me where I criticized you or your fiancee for her getting pregnant (or anyone for that matter).

You're obviously very sensitive about this issue but at least give it the ol' college try to not lump all of us together.
TracyTNFemaleUnited Kingdom2006-05-18 14:57:00
K-1 Fiance(e) Visa Process & ProceduresFiancee is pregnant

Yes. Absolutely. On this particular issue, I've found the opinions on
VisaJourney to be terribly ill-informed. I believed all the nonsense that was
written here saying that pregnancy is not a valid reason for expediting a
case, nonsense that was based on opinion, not fact. Having gone and found
out the facts myself, I think it is my duty (and any right thinking person's
duty) to criticise, in the harshest possible terms, the voicing of incorrect
opinion over fact, especially on issues like this because many peoples'
lives will be affected in the most profound manner.


Personally, I was glad to see your post about what you did, elwintro. I had never heard anyone who had any success expiditing due to pregnancy, as I'm sure no one else here had either. Yours is the first post I remember seeing that had some success expiditing for that reason. If that makes us ill informed in your opinion, so be it. I suspect you won't find pregnancy listed as a reason for expidition on any of the government sites. At the end of the day, we're only as good as the information we have.

That said, expiditing due to pregnancy doesn't seem to work for everyone (as KAA just mentioned). I guess it just depends on a lot of factors.

Next time someone asks that question, we can ask them to PM you for your tale. Maybe it would help them too.
TracyTNFemaleUnited Kingdom2006-05-18 12:10:00
K-1 Fiance(e) Visa Process & ProceduresSome advice please! just getting started
Not posts - guides.

In particular, this one: http://www.visajourn...mp;page=k1guide
TracyTNFemaleUnited Kingdom2009-06-24 13:25:00
K-1 Fiance(e) Visa Process & ProceduresWhy is "A copy of the entire I-129f package" Needed?
Not just that, but if you had gotten an RFE during the petition phase, then all you have to do is go to your copied version and extract whatever you'd need. Not to mention that USCIS does - at times - lose pieces of paper, and may ask the beneficiary to produce it at the interview.
TracyTNFemaleUnited Kingdom2009-07-21 12:44:00
K-1 Fiance(e) Visa Process & ProceduresExtra time for I-194?
QUOTE (bonjur_mimi @ Jul 22 2009, 08:57 AM) <{POST_SNAPBACK}>
yes, she entered the U.S and her visa expires on 30 th of July. can they still get married if she's out of status?


The date on her visa is now irrelevant. It is the date on the I 94 that is applicable.

I really can't understand this 'needing more time' lark. The K1 isn't a 'get to know you' visa - you're supposed to have done that before bothering to apply for it.
TracyTNFemaleUnited Kingdom2009-07-22 09:22:00
K-1 Fiance(e) Visa Process & ProceduresExtra time for I-194?
Need a bit more information - has your friend entered the US yet?

Regardless, they MUST get married within 90 days from his entry into the US (or on day 90). There is no way around that - it is one of the main requirements of the K1 visa. If they marry on day 91 or after and apply for adjustment of status, it will be denied.
TracyTNFemaleUnited Kingdom2009-07-22 08:53:00
K-1 Fiance(e) Visa Process & ProceduresDenial
If I had used one, I'd be happy to name him/her. But alas!

http://www.aila.org/


TracyTNFemaleUnited Kingdom2009-07-22 14:12:00
K-1 Fiance(e) Visa Process & ProceduresDenial
I think it's time for a consult with an immigration attorney.


TracyTNFemaleUnited Kingdom2009-07-22 14:06:00
K-1 Fiance(e) Visa Process & ProceduresWhen is it safe to set a wedding date?
Agreed. Nothing is guaranteed until you have that sucker in the palm of your hand...!
TracyTNFemaleUnited Kingdom2009-07-21 13:21:00
K-1 Fiance(e) Visa Process & ProceduresDO YOU KNOW SOMEONE???
Never assume that getting your petition approved means you are home free for the consular interview. First of all, they are conducted by separate agencies (petition approval is via Dept of Homeland Security, while the interview/visa issuance is handled by the Dept of State). Second, being eligible to apply for the visa - meaning having an approved PETITION - and being eligible to receive a visa are really two different things.

I'm not saying anyone should 'fear' the interview, but it is certainly no 'pass through'. If you have nothing to hide and have a legitimate relationship and all the proof that they require, then there's no reason to panic. But still - take it seriously, because they do!
TracyTNFemaleUnited Kingdom2009-07-24 09:33:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Petition already filed for US -- can we have a marriage ceremony in both countries?
QUOTE (payxibka @ Jul 22 2009, 09:16 AM) <{POST_SNAPBACK}>
QUOTE (Smizzy @ Jul 21 2009, 10:47 PM) <{POST_SNAPBACK}>
Hello All,

I was hoping you fine folks could help out with something that I'm newly concerned about. I'm a US citizen and my fiancee is an Australian citizen and we've already submitted the petition for the K1 visa at the VSC (we waited a lot longer than we should have). We have already planned a wedding in Australia in November and I highly doubt that the K-1 visa for my fiancee would be granted by then. We're also planning an additional reception here in the US for my friends and family.

What concerns me is that, technically, we would already be married in Australia by the time my fiancee would be called in for the interview at the consulate there. Is this something I need to worry about? The original plan was to file for the K1 in advance, obtain the visa, have a ceremony in Australia for her family and friends, and then come back to the US for a court marriage and another reception for my family and friends.

Any advice would be greatly appreciated. Much thanks!


do it the other way around... have just a "reception" in Australia and the legal marriage event in the USA...


good.gif
TracyTNFemaleUnited Kingdom2009-07-24 15:04:00
K-1 Fiance(e) Visa Process & ProceduresProof of ongoing relationship between filing and interview
I think a LOT of people don't have photos of themselves w/ their fiance/e's from submission to interview. Esp. given the current state of the economy...
TracyTNFemaleUnited Kingdom2009-09-25 15:20:00
K-1 Fiance(e) Visa Process & ProceduresProof of ongoing relationship between filing and interview
A visit is not the only way to document an ongoing relationship. Have your fiance take the emails, phone bills, etc to interview and don't sweat it.
TracyTNFemaleUnited Kingdom2009-09-25 14:57:00
K-1 Fiance(e) Visa Process & Proceduresshort time for knowing my fiance
That, and it might be hard to prove an ongoing relationship if you've only known her a month. But there is no legal reason you can't submit the I 129f after only having known her a month.
TracyTNFemaleUnited Kingdom2009-09-25 15:21:00
K-1 Fiance(e) Visa Process & ProceduresLost... Sad... Frustrated...
Being apart for 5 1/2 years could be a completely different thing than not having met in the last two years. I took it in the context of a long distance relationship.
TracyTNFemaleUnited Kingdom2009-10-16 14:57:00
K-1 Fiance(e) Visa Process & ProceduresLost... Sad... Frustrated...
I don't think any of us can predict the USPS for you. I did notice when I sent my last package to them in August, there were no updates at all on the website until it'd actually been delivered. A lot of folks do priority but there's no way you HAVE to send it. You just have to take whatever waiting times come with the class you chose. Priority and overnight are faster than first, but first still isn't slow.

It also depends on where you are and where you're mailing it to (looks like Vermont - but from where?). You've sent it certified so I sincerely doubt it's lost.

Worst case scenario, if they don't get it, resend it (I presume you made an exact copy of what you sent, as this website suggests?).

ETA: if you have no patience, this process will absolutely be the death of you. So finding some patience is probably a good idea...!

Edited by TracyTN, 16 October 2009 - 02:30 PM.

TracyTNFemaleUnited Kingdom2009-10-16 14:29:00
K-1 Fiance(e) Visa Process & ProceduresCan you study on a K-1 Visa?
As has been said here, there is no immigration reason she cannot study once she arrives. Upon her entry, she will be given an I 94 which her status is then derived from (the K1 is null and void after using it to enter). Once she applies to adjust status, she is in a period of authorized stay and cannot be deported/removed while the I 485 is being processed.

Your problem is the school and what immigration status they'll require her to have in order to study there. They may want her to at least have her green card, but it likely depends on the school. Why don't you call and ask them?

I'd also imagine they'd want her to have an SSN, so go to your local SSA office around 10 days after she arrives and apply (print out the info in the link from my signature and take it with you).
TracyTNFemaleUnited Kingdom2009-10-23 14:49:00
K-1 Fiance(e) Visa Process & ProceduresEnabling fiancee's 18 y.o. daughter to visit mom
You can list a child on an I 129f petition and go through the process to get her a visa (known as a K2 visa), at least one that is under 21 and married (which it sounds like her daughter is). However, she would not have to travel with her mother, but she WOULD have to come over on the K2 (and adjust status) at least a year after the mother receives the K1 visa. That doesn't sound like it will work in this situation.

Unfortunately, I'd say her only options for visiting would be a visitor's visa. I have no idea how easy/hard those are to obtain from the Ukraine, but as her mother would be living here, they'd likely see her as having immigrant intent and may deny the visa. No harm in trying I guess, but I think you have to be realistic about her chances.

I'm not overly knowledgeable about K2s, though - but that's what I had remembered (and what was re-iterated on the link below). I'm sure someone else here will correct me if I'm wrong.

http://www.visajourn...sa-outline.html
TracyTNFemaleUnited Kingdom2009-10-23 14:21:00
K-1 Fiance(e) Visa Process & ProceduresWhich VISA or options are best? (Thanks for the help)
http://www.visajourn...mp;page=compare
TracyTNFemaleUnited Kingdom2009-10-26 12:56:00
K-1 Fiance(e) Visa Process & ProceduresDid I make a HUGE mistake?
QUOTE (Stephen + Elisha @ Oct 26 2009, 11:51 AM) <{POST_SNAPBACK}>
QUOTE (Ney @ Oct 26 2009, 12:46 PM) <{POST_SNAPBACK}>
NVC has a twenty four hour automated system that you can call and enter your case number.

http://www.visajourn...omated_Messages

Maybe you can try it today and call them live agian in the morning.

K-1s are generally not entered into the automated system, so this is probably a non-starter.


yes.gif
TracyTNFemaleUnited Kingdom2009-10-26 11:52:00
K-1 Fiance(e) Visa Process & ProceduresDid I make a HUGE mistake?
Agreed. I'm not sure how you can fix it anyway if his birth certificate shows Dec 3rd. They would just have to 'take your word for it', which is not something USCIS really does. LOL.

You may just have to have Dec 3rd as his DOB going forward for immi purposes- unless you can somehow get his birth certificate corrected (which it sounds like you can't). You'll just want to be sure to be consistent on all other documents once he gets here - SSN, marriage certificate, driver's license, etc. It sucks but I'm not sure what else you can do.
TracyTNFemaleUnited Kingdom2009-10-26 11:19:00
K-1 Fiance(e) Visa Process & ProceduresI WAS A K-1 AND MY I-94 WAS VALID FOR 15 MONTHS
I'll never understand what's so hard about getting married w/in that 90 day period. Had that happened, all this ugliness would have been avoided.
TracyTNFemaleUnited Kingdom2009-10-29 10:20:00
K-1 Fiance(e) Visa Process & ProceduresThis is so confusing!
QUOTE (payxibka @ Nov 6 2009, 10:54 AM) <{POST_SNAPBACK}>
during the process, entry/exit activities and requirements are the same whether pursuing a K or CR visa. You must always be able to prove to satisfaction of the border officials that you intend to leave... If you cannot, they will stop you and turn you around.


yes.gif

Frankly, it boils down to whether or not you want to be husband and wife during the separation, or fiance/e's. We opted for the fiance route for that reason. But if that doesn't bother you so much, the CR1 is definitely the way to go.
TracyTNFemaleUnited Kingdom2009-11-06 12:05:00
K-1 Fiance(e) Visa Process & ProceduresHelp...it's killing me
^^ yes.gif
TracyTNFemaleUnited Kingdom2009-11-06 15:46:00
K-1 Fiance(e) Visa Process & ProceduresHelp...it's killing me
It's never a good idea to lie to either USCIS or a border patrol agent. But, what's done is done.

The visa waiver program has specific guidelines, and 'overusing' it isn't something that CBP are too happy about. I suspect if you try it again, it won't work and you'll be turned back.

Will all these VWP entries effect your K1 application? Likely not. Will the lie to the agent hurt you in the K1 process? Hard to say. But there's nothing you can do about it now.
TracyTNFemaleUnited Kingdom2009-11-06 09:27:00
K-1 Fiance(e) Visa Process & ProceduresNow starting K1 and confused
Why did you need two threads for this same question?

The fact that you're physically in Bulgaria now is irrelevant. As I said in your other thread, it sounds like you have a US home address (your house in Alaska) and a separate mailing address. Not something to get confused over.
TracyTNFemaleUnited Kingdom2009-11-10 08:27:00
K-1 Fiance(e) Visa Process & ProceduresI need to be more specific
Also question 14 on the I 129f asks where your fiance intends to live once they get in the US - that would be your physical address (presumably!), which would then correspond with the address on the G 325a.
TracyTNFemaleUnited Kingdom2009-11-10 08:48:00