ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresBirth certificate name does not match used name; what can I do?

Well, Jack is a nickname for John. I am not sure how he was able to get everything under the name of Jack rather than John either (I don't like my first name, which my mom chose when she was 7, so I really wish I did know. Did your parents legally change your name to Jack when you were a child? Or is it a common enough diminutive in the UK that no change was needed, in which case can you document that somehow?

I'm not sure I've been very helpful.

I've not filed yet, but I use a variation on my first name that is a little unusual, so on all the emails and letters and such that is how my name appears. Although my full formal legal name appears on all the other documents, I never use it without my middle name, so it is shortened various different ways on plane tickets. I am just getting my petition ready to file next month right now, but I intend to include a note explaining this to avoid confusion. I would guess you may need something more, though, since your actual passport and birth certificate do not match precisely.


My husband also uses a common variation on his first name, which was on all of our communication. I think this is pretty commonplace.

But to have conflicting legal documents - documents that immigration frequently use and key on - will be more of an issue, and thus makes the OPs situation a bit unique.
TracyTNFemaleUnited Kingdom2007-08-15 13:51:00
K-1 Fiance(e) Visa Process & ProceduresBirth certificate name does not match used name; what can I do?

I am actually very surprised that you were able to get a passport and driver's licence in the wrong name. In Canada, they will only put your passport in the name on your birth certificate (or if you had a legal name change, the name shown on the name-change document). So, if your birth certificate says "John Smith", your passport would have to say "John Smith" as well.

I would be a little afraid to use anything but the name on your birth certificate for all USCIS documents.

Maybe someone else here on VJ has had a similar experience and can answer you better.

Good luck.


I was thinking the same thing. Immigration will want these things to match, so how you can explain the anomoly on the passport is beyond me.

Perhaps you can see if you can get the passport changed/amended to John?
TracyTNFemaleUnited Kingdom2007-08-15 13:29:00
K-1 Fiance(e) Visa Process & ProceduresVisiting fiance before applying for K1?

Hey Everyone!

I'm a long-time lurker, but first-time poster.

My fiance and I met online 3 and a half years ago, and were engaged 2 and a half years ago, on our 2nd visit. We've been visiting each other fairly steadily since, probably about 15-20 times. However, we've never mentionned at Customs that we're engaged, using 'visiting friends', 'getting tattooed', 'attending a convention', etc. as our reasons for visiting.

My concern is this: I am going to see him on August 31st for 2 1/2 weeks, and we'll be starting the K1 process during said visit. I have many ties to Canada (steady, long-term employer, lease for the last 3 years, banking records from the last 6 years, so on and so forth), so am I better off stating that I'm going to visit my fiance and we'll be starting the K1 process, not mentioning the visa application at all, or going back to the standby of visiting a friend?

Neither of us has ever been denied entry, but we've both had incidents of extended questioning, and my bags have been searched at some point or another on the last 3 visits.

Thanks,
Carly


FWIW, its not customs who are concerned about your reasons for visits/frequency of visits. Its immigration.
TracyTNFemaleUnited Kingdom2007-08-16 13:00:00
K-1 Fiance(e) Visa Process & ProceduresHow did you package up your I-129F Application for mailing?

PS. Why is every reply in a box below my post in links I have to click to see seperately, I used to be able to see all the replies on a page and just scroll down the page to read them, now I have to click each one individually, how do I get the old way back ? :unsure:


At the top of the thread, click on 'options' and choose 'standard' display mode.

Edited by TracyTN, 16 August 2007 - 01:09 PM.

TracyTNFemaleUnited Kingdom2007-08-16 13:09:00
K-1 Fiance(e) Visa Process & ProceduresVWP - Proving ties to Australia

Hi Everyone,

I'm travelling to the states in Sept for just over 2 weeks vacation using the VWP. My fiance and I haven't submitted application for K1 at this stage but will later this year. I am worried about customs kicking up a fuss and needed advice on whether or not I have sufficient documentation to prove ties to home country.

So far I have:

1. Letters from 2 employers (I currently work full-time for the GOVT health system and letter shows my vacation dates as well as the date i will be returning to work. I am also on a 12 month contract (part-time basis) for a private firm and this letter shows this.

2. Original copy of my university enrolment. I am completing post-grad studies part-time and will not finish until the end of the year and therefore have to return home.

3. Recent payslips for both jobs.

4. Birth certificates for both my 2 children as well as Court Orders proving that i have sole custody - to show my family responsibilities here.

5. Orginal Rental Lease contract.

6. Utility #######...ie phone account, electricity account, both in my name and with current residential address here in Australia. Dont know if these will help.

7. Travel Itinerary from Travel Agent, showing my return dates in their origianl letter head.

8. Return plane ticket.

Could you please advise me if this is enough to show that I'm coming home after my 2 week vacation and whether I should expect problems??

Cheers


You've received good advice in the other responses.

I just wanted to point out that its not 'customs' you need to be concerned about with the VWP - its immigration.
TracyTNFemaleUnited Kingdom2007-08-16 08:22:00
K-1 Fiance(e) Visa Process & ProceduresNo more K1 and K3 at the same time?
pushbrk's information is correct.

I think you have your terms confused. The I 129f is the main USCIS form used for (fiance/e) K1 petitions.

It is also used with the USCIS form I 130 for a (spousal) K3 petition.

You cannot apply for both a K1 (fiance) and a K3 (spousal) visa at the same time. Aside from being institutionally (USCIS) impossible, its also non sensical.
TracyTNFemaleUnited Kingdom2007-08-16 20:06:00
K-1 Fiance(e) Visa Process & ProceduresNever met my fiance but sent in the K-1 application

No, I don't think that learning disabilities are the reason for making dumb questions.. most of the times we are just too lazy to read, if you are going to start this journey on your own, do yourself a favor and read and read and read again, get informed as much as you can, read books, read the guidelines, and please read the instructions! If you have a question you can always come here and ask.

You'll learn so much more doing some reading first.


I don't think so either, I was just saying maybe being so harsh isn't the best way to handle these posts. But sometimes you read and read and something may be right there and you don't see it, so you ask, then get flamed. This is an extreme case and you would have to be quite out of touch to not know. I agree that it was either a joke, or someone asking to see if anyone has gotten away with it. Maybe it is someone who is totally in love with his gf but can't afford to fly over. I know I know if you can't afford that marriage shouldn't be in the picture so on and so forth, but being in love makes people do odd things lol


If you can't afford a plane ticket, why on earth would filing a $455 petition (that will no doubt be denied) be anymore fiscally responsible?

To coin a favorite phrase of mine, you may as well throw the $455 in the toilet and eliminate the middle man.

Edited by TracyTN, 15 August 2007 - 07:37 PM.

TracyTNFemaleUnited Kingdom2007-08-15 19:36:00
K-1 Fiance(e) Visa Process & ProceduresNever met my fiance but sent in the K-1 application

Does anyone really believe that this is NOT a troll? Yes there are a lot of dumbos out there -- but this is a case where the I-129F makes it CRYSTAL CLEAR that you have to prove you've met in the prior two years and describe that meeting. The form even clearly says "Explain also in detail any reasons you may have for requesting that the requirement that you and your fiancé(e) must have met should not apply to you".

I don't believe a real applicant filling out the form would just decide to skip that part.

My call = TROLL



That made me snort diet pepsi out my nose! :lol:
TracyTNFemaleUnited Kingdom2007-08-15 15:30:00
K-1 Fiance(e) Visa Process & ProceduresNever met my fiance but sent in the K-1 application

Just out of curiosity, if USCIS did approve this petition (lets assume the Adjudicator overlooked the fact they did not meet in person) would the Embassy allow the visa to be granted if they were aware that the petitioner and applicant did not meet in in person?


It has been said that the ConOff's job is not to readjudicate the petition... So they may in fact not refuse to issue the visa on that particular issue but may refuse to issue based on lack of a bonafide relationship and therefore return the petition to the states for review. In the end the same result and it is possible......


This is a much better description of what I was trying to say - thanks my friend!
TracyTNFemaleUnited Kingdom2007-08-15 14:32:00
K-1 Fiance(e) Visa Process & ProceduresNever met my fiance but sent in the K-1 application

The new fee is $455 by the way.


Diana


:D thanks - I knew I was in the ballpark(ish)!

Just out of curiosity, if USCIS did approve this petition (lets assume the Adjudicator overlooked the fact they did not meet in person) would the Embassy allow the visa to be granted if they were aware that the petitioner and applicant did not meet in in person?



:no:

Highly unlikely that the service center will miss it, but even more unlikely that both the service center and consulate would miss it.
TracyTNFemaleUnited Kingdom2007-08-15 14:20:00
K-1 Fiance(e) Visa Process & ProceduresNever met my fiance but sent in the K-1 application

We met online on March 2005 but we have never met in person. I have already filed the K-129f forms. What are our chances? we only use to chat online and use webcams. We also have phone bills as evidence. Any suggestions?
Stanley


$170 filing fee down the drain....


$355 now (if I remember the new fee correctly!) - though that does depend on when it was sent in.

Edited by TracyTN, 15 August 2007 - 02:10 PM.

TracyTNFemaleUnited Kingdom2007-08-15 14:09:00
K-1 Fiance(e) Visa Process & ProceduresNever met my fiance but sent in the K-1 application
I'd say your chances of approval are very, very slim.

Unless you submitted proof of some sort of religious reason for not having met in person.
TracyTNFemaleUnited Kingdom2007-08-15 14:06:00
K-1 Fiance(e) Visa Process & ProceduresPassport
Right, thanks for 'clarifying'.
TracyTNFemaleUnited Kingdom2007-08-17 20:30:00
K-1 Fiance(e) Visa Process & ProceduresPassport
I hate to have to ask, but do you actually know what a passport is used for?
TracyTNFemaleUnited Kingdom2007-08-17 20:19:00
K-1 Fiance(e) Visa Process & ProceduresPre-exisiting Social Security Number

No, the A number is assigned at approval of the petition (NOA2), and will also be on the K1 visa when you eventually receive it.


But in the case of the OP, his fiance should already have a previous A# due to being in the US on previous visa (student?). I agree that the space should not be blank. Unknown would be the answer. If she could find her previous A#, it might speed your process up a bit by them not having to search it out and verify current status of it.


That is true - she likely has an A # (was so focused on the SSN that I blanked that part!).

But if she can't remember it, no panic, as I'm sure 'unknown' would indeed be the acceptable answer.
TracyTNFemaleUnited Kingdom2007-08-17 11:03:00
K-1 Fiance(e) Visa Process & ProceduresPre-exisiting Social Security Number
No, the A number is assigned at approval of the petition (NOA2), and will also be on the K1 visa when you eventually receive it.
TracyTNFemaleUnited Kingdom2007-08-16 11:34:00
K-1 Fiance(e) Visa Process & ProceduresPre-exisiting Social Security Number
Well, let's see.

They ask for it on the I 129f for both the USC and non USC, so list it there. They don't ask you to document it beyond that - they'll be able to verify it anyway.

And yes, generally, you keep the same number forever. Given the grief most K1ers go through to get one, she's fortunate to already have one!
TracyTNFemaleUnited Kingdom2007-08-16 07:57:00
K-1 Fiance(e) Visa Process & Procedureswanting to get married but how and where?

That's unnecessarily rude pushbrk, don't you think?


Not to mention condescending.
TracyTNFemaleUnited Kingdom2007-08-17 13:44:00
K-1 Fiance(e) Visa Process & ProceduresIs there anything I can do at this point?
Its all right here.

http://www.visajourn...mp;page=k1guide
TracyTNFemaleUnited Kingdom2007-08-20 10:40:00
K-1 Fiance(e) Visa Process & ProceduresNew Member (K1) Fiance is in Brazil
If she (your lawyer) has requested further evidence from you twice, she has most definitely dropped the ball.

You'd do yourself a world of good if you'd read the guides on this website and get an understanding about the process on your own (instead of relying on someone unreliable). I just hope she doesn't cost you anymore time than she already has.
TracyTNFemaleUnited Kingdom2007-06-15 15:04:00
K-1 Fiance(e) Visa Process & ProceduresExtend NOA2 approval
It would be sent to the consulate. The USCIS no longer has 'jursidiction' once the case is sent to the consulate.

It does not need to be notarized, unless that is specifically required by the consulate (I would ask them).
TracyTNFemaleUnited Kingdom2007-08-21 13:35:00
K-1 Fiance(e) Visa Process & ProceduresProbably not the right forum...
No worries, rakkaus. It can be a little confusing.
TracyTNFemaleUnited Kingdom2007-08-21 14:38:00
K-1 Fiance(e) Visa Process & ProceduresProbably not the right forum...
QUOTE (pak @ Aug 21 2007, 01:38 PM) <{POST_SNAPBACK}>
QUOTE (fwaguy @ Aug 21 2007, 12:56 PM) <{POST_SNAPBACK}>
For a SSN you simply must be employment authorized. Employment authorization can come as the result of you visa status (K-1,H-1, etc..), a stamp on your I-94, a work permit (EAD), a greencard or citizenship.


Is the statement in bold true? From what I understood, coming on K-1 fiancee visa (without getting work permit at the point of entry) still allows you to get SSN?



yes.gif Again, see the doc in my signature. Pay specific attention to section C.
TracyTNFemaleUnited Kingdom2007-08-21 13:39:00
K-1 Fiance(e) Visa Process & ProceduresProbably not the right forum...
QUOTE (rakkaus @ Aug 21 2007, 12:45 PM) <{POST_SNAPBACK}>
QUOTE (MarkNAam @ Aug 21 2007, 12:31 PM) <{POST_SNAPBACK}>
We were married in Ohio. In Ohio, it is not required that you have the SS# prior to getting married (other states do require this though).


Can you elaborate on this? How do you get the SSN before marrying, since she can't become a citizen and therefore become SSN eligible until she marries you? It seems like this would set up a Catch-22 situation.



You don't have to be a US citizen to be eligible for an SSN. Those who enter on K1 visas are permitted to apply for SSNs prior to having their EAD (DHS work authorization).

See my sig for more info.
TracyTNFemaleUnited Kingdom2007-08-21 12:47:00
K-1 Fiance(e) Visa Process & Procedurestravel to Hawaii allowed?
laughing.gif
TracyTNFemaleUnited Kingdom2007-08-21 15:39:00
K-1 Fiance(e) Visa Process & Procedurestravel to Hawaii allowed?
Your profile says K1 but you're married? So does that mean you're in the AOS process now?

At any rate, there is no issue traveling from state to state.

Edited by TracyTN, 21 August 2007 - 03:09 PM.

TracyTNFemaleUnited Kingdom2007-08-21 15:08:00
K-1 Fiance(e) Visa Process & ProceduresConsequences of withdrawing I-129F
The entire process can take anywhere from 5 -9 months (depending on the consulate). After you receive the visa, you have 6 months in which to activate it (i.e. move to the US). Would that not be enough time to get ready for everything?

If not, the USC will need to notify the USCIS of their desire to cancel the petition.
TracyTNFemaleUnited Kingdom2007-08-22 10:18:00
K-1 Fiance(e) Visa Process & ProceduresChange of address (Uk beneficiary)
no0pb.gif

In fact, I'd wait until you get packet 3, then fill out the forms in packet 3 with the new address. May not hurt to put a sticky note in there, too, to be sure they see that the address has changed.

Worse case scenario, even if they still missed it - your mom would get your interview letter. biggrin.gif
TracyTNFemaleUnited Kingdom2007-08-23 11:09:00
K-1 Fiance(e) Visa Process & ProceduresUgh...where to file?
The second link is the correct one, as it says at the top - 'Effective July 30, 2007.'

Since its after July 30th...!
TracyTNFemaleUnited Kingdom2007-08-24 14:15:00
K-1 Fiance(e) Visa Process & ProceduresFIANCEE WANTS TO RETURN TO KOREA!!
Its okay, Al, but maybe ask a mod to close this thread so that you and Lola can work through things on your own, in private, away from our speculative eyes.

What we say shouldn't matter to your relationship one iota. You've gotten some suggestions how to resolve the case number issue, but I'm not sure what more value you can gain from the thread.

I hope resolving the issue w/ the case number takes you one step further to resolving any remaining trust issues in the relationship.

Best of luck to you.
TracyTNFemaleUnited Kingdom2007-08-25 21:58:00
K-1 Fiance(e) Visa Process & ProceduresFIANCEE WANTS TO RETURN TO KOREA!!
QUOTE (trailmix @ Aug 24 2007, 11:23 AM) <{POST_SNAPBACK}>
QUOTE (TracyTN @ Aug 24 2007, 10:19 AM) <{POST_SNAPBACK}>
I thought the case numbers were now 2007 after the letters. Obviously I am dreaming that! laughing.gif


You must be dreaming of NVC (should stop that!) the NVC/Consulate numbers start with 3 letters then 2007 smile.gif



Aaah that must be it! Thank you for helping me reclaim (some of) my sanity. laughing.gif
TracyTNFemaleUnited Kingdom2007-08-24 11:26:00
K-1 Fiance(e) Visa Process & ProceduresFIANCEE WANTS TO RETURN TO KOREA!!
I thought the case numbers were now 2007 after the letters. Obviously I am dreaming that! laughing.gif
TracyTNFemaleUnited Kingdom2007-08-24 11:19:00
K-1 Fiance(e) Visa Process & ProceduresFIANCEE WANTS TO RETURN TO KOREA!!
Why people want to air their relationship's dirty laundry on a message board is beyond me.

At any rate:

QUOTE (applewow @ Aug 24 2007, 01:50 AM) <{POST_SNAPBACK}>
Issue about you sending petition...
I hope you did,but to knowing case number that is not matching with USCIS website is more than just strange...
We got a case number that starts with VSC200707***
I believe people in VJ how has a case number will be able to proof that the case numbers dont start with 200707...


that's exactly what a case number would look like.
TracyTNFemaleUnited Kingdom2007-08-24 07:30:00
K-1 Fiance(e) Visa Process & Proceduresfiance unaware of previous marriage
QUOTE (Niagaenola @ Aug 21 2007, 03:34 PM) <{POST_SNAPBACK}>
IMO if someone had used my identity to get married I would be going to the police to have them arrested and get this fake marriage nulled.... I would not just apply for a divorce and go ahead with it.... if I did not get married then why would I need a divorce.... are you sure she is telling you the whole story.... because if it raises red flags to us just imagine what it will do when she has to go for an interview......


Kez


yes.gif
TracyTNFemaleUnited Kingdom2007-08-21 15:39:00
K-1 Fiance(e) Visa Process & ProceduresSome n00b questions...
QUOTE (MarkSchot @ Aug 28 2007, 09:42 AM) <{POST_SNAPBACK}>
Again Ill say :

Its not shipping to a P.O. Box with FedEx

FedEx will ship it from the Netherlands to the appartment of my fiancee in the USA
With her normal streetname etc etc


Sorry, I'll stop answering your posts since I can't read.
TracyTNFemaleUnited Kingdom2007-08-28 09:49:00
K-1 Fiance(e) Visa Process & ProceduresSome n00b questions...
Will Fed Ex deliver to US PO boxes? I'm thinking they won't.
TracyTNFemaleUnited Kingdom2007-08-28 09:35:00
K-1 Fiance(e) Visa Process & ProceduresSome n00b questions...
QUOTE (MarkSchot @ Aug 22 2007, 12:37 PM) <{POST_SNAPBACK}>
oooooOK...

So that sounds positive... im still a little insecure about it, but I guess that will fade.

Although digging into the positivity of this information I did come to wonder the following :

I have to go to another interview after I got married.
This time with my SO.
Thats where you need need need the money thing to be in order.
Thats where you pay most money to date.

But does that mean that they can still deny me after I get my K1 and my money and my wedding in order ??

What kind of interview is it ?
Is it with bulldog officers that want you gone, like the kind you would get if you would enter as a tourist and then marry and stay ?
Or are they just nice people who are part of a formality ??


By the time you have the interview after you're here and married, the interview you will have is to adjust your status from K1 visa holder (a bit more complex than that, but lets keep it in simple terms for now!) to 'legal permanent resident', after which you would receive a green card (assuming you are approved!). This is commonly known as AOS, or adjustment of status (see the forum here on VJ dedicated to the AOS process).

You *could* be denied the green card at that interview - but it'd have to be for a darn good reason, and one that would likely not happen if you research that process as much as you have this one! The interview would be conducted at the local USCIS office (whichever one is closest to where you'll be living). They are generally not bulldogs, but I suppose that depends on who it is, what kind of day they're having, etc and so on. (As with most of this process, there are no guarantees about that.)

Or you may not get interviewed at all for the green card. Many folks are approved for their green cards without interview.
TracyTNFemaleUnited Kingdom2007-08-22 14:39:00
K-1 Fiance(e) Visa Process & ProceduresSome n00b questions...
QUOTE (MarkSchot @ Aug 21 2007, 12:45 PM) <{POST_SNAPBACK}>
ok, that clears things up.

And that explains why i had a hard time finding this kind of overview.

Still means she will need a job that pays enough.

Now where could I go to figure out if we do or do not need an additional sponsor ?
Because in the dutch thread on these boards they say, for the K1 you dont even need to make 125% of poverty level, thats not untill after we are married and file for an AOS.

so still plenty of confusion there...


Editing cos I was basically repeating fwaguy. laughing.gif

The 125% above poverty level IS a requirement for AOS, so I think most folks try to meet the requirement for the K1 so that they won't have to worry about it again at AOS time.

So if your fiancee does not meet the 125% over the poverty line (which you can glean from the link above), then I'd start seriously looking to secure a cosponsor now - even though you don't 'technically' need it at the K1 stage.

Edited by TracyTN, 21 August 2007 - 12:56 PM.

TracyTNFemaleUnited Kingdom2007-08-21 12:55:00
K-1 Fiance(e) Visa Process & ProceduresSome n00b questions...
QUOTE (MarkSchot @ Aug 21 2007, 10:59 AM) <{POST_SNAPBACK}>
blink.gif blink.gif blink.gif blink.gif blink.gif

HUH !!??

This might need to be repeated back to me veeeeerrrryyy slowly ...

----


She is a student.
Hopefully to graduate her triple major in december.

She does work about 35 hours right now but thats low income and partially not taxed.

She will get a good job soon and then she will probably be able to make enough to live up to the expectations.

From what Ive been told and thought I read and heard etc. Your supposed to have, or have a sponsor who has, an income of at least 125% of minimum wage, of which you payed tax over for the last 3 years or more.


(Can anyone from the USA tell me how much of an hourly wage that is anyway ? Consider a normal 40 hour week ?)


Isnt that what we need ?
Or maybe I misinterpreted what she told me, because thats why thats our main concern.
Either the problem is diffrent from what im telling you now, or she/we are worried for nothing ...

You also said : as long as the Consular believes the income is sustainable...

Will he ??
When will he ?
Is that an expectation or a certainty (more or less) because I want to play this as safe as I have in my power ...


To be clear, the 'requirement' is not 125% of minimum wage, but rather 125% above the poverty level, which is shown here:

http://www.visajourn...p;#entry1102133
TracyTNFemaleUnited Kingdom2007-08-21 12:31:00
K-1 Fiance(e) Visa Process & ProceduresSome n00b questions...
Just state the jobs as they were. Whatever your title was in the shop, and that it was part time employment (put 'part time butcher's assistant' if that is an accurate term).

My husband was self employed; we simply listed it as 'self employed' with his home address (in the name and address of employer field) and his occupation (mini cab driver) in that field.
TracyTNFemaleUnited Kingdom2007-08-20 16:27:00