ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresThink it's all over when you're visa arrives???

I've kind of glanced through this thread, hoping to find some info about our particular situation. Phill just entered the country on the K-1 on May 2 with the hope of getting the temporary work permit when he entered thru JFK. The flight that we scheduled left London Heathrow with a stop over/connection in Shannon Ireland. The glitch happened when he got to Shannon. They told him he had to go thru US customs there! He didn't understand what was happening but didn't want to argue with them. He handed them the sealed envelope from the Embassy and they processed him and gave him the I-94 in his visa. When he asked about the work permit, they told him they don't give them. He was quite upset. So he just decided to get it sorted when he got to JFK. When he got to JFK they said they would have issued the permit but since he was already processed and didnt have the envelope from the Embassy anymore, they couldnt issue it.


To clarify, you went through IMMIGRATION at Shannon, not customs.
TracyTNFemaleUnited Kingdom2007-05-08 09:31:00
K-1 Fiance(e) Visa Process & ProceduresThink it's all over when you're visa arrives???
Anyone who is relying on the government to 'tell' them something is asking for trouble.

Do your own research on the process and don't rely on what 'they' aren't apt to tell you.
TracyTNFemaleUnited Kingdom2007-03-22 14:38:00
K-1 Fiance(e) Visa Process & Proceduresrelatives in love?

Hmm....I betcha that I'm related to all of you guys. However, the records and history is unknown. I can prove it genetically.


If you start speaking of fishes and loaves of bread, I'm gonna get very freaked out.



:lol:
TracyTNFemaleUnited Kingdom2007-05-08 09:30:00
K-1 Fiance(e) Visa Process & Proceduresrelatives in love?
Something about this is making me go 'ewww!' this morning.

Sorry. I'll go get caffeine now.
TracyTNFemaleUnited Kingdom2007-05-08 07:41:00
K-1 Fiance(e) Visa Process & ProceduresHow to get a waiver on clause 18 of form I-129F
Yodrak is my hero.
TracyTNFemaleUnited Kingdom2007-05-10 07:47:00
K-1 Fiance(e) Visa Process & ProceduresHow to get a waiver on clause 18 of form I-129F

If you say so - that must be 'the way it is'. :rolleyes:

My dad just retired from his fed govt job after 30+ years, but he knew very little about the intricacies of the immigration process, nor the policies of an immigration service center.


I didnt say that I worked for the USCIS, nor did I say that I have filed 1000's of petitions. I only said that I have worked for the fed govt for years, and I have coordinated hundreds of documents thru approval at the proper level to ensure that it met the requirements of the law and the intent of Congress. These dealt mostly with govt contracts at very high dollar values where the approval authority was about six levels higher than my measly warrant.


I never said you worked for USCIS or filed 1000s of petitions.

I'm sure your job did entail getting documents through proper authoritative levels. I just wasn't aware that was the case for USCIS case workers, so I wondered how you could know that for certain - particularly when we had a former USCIS case worker post here who didn't mention that at all (that I remember).

Just because one government job does it one way doesn't mean that's how they ALL do it. There are literally thousands of various jobs with the US government. Are you saying that ALL of them must go through the same channels that you did in your job?

Edited by TracyTN, 09 May 2007 - 09:59 AM.

TracyTNFemaleUnited Kingdom2007-05-09 09:58:00
K-1 Fiance(e) Visa Process & ProceduresHow to get a waiver on clause 18 of form I-129F
If you say so - that must be 'the way it is'. :rolleyes:

My dad just retired from his fed govt job after 30+ years, but he knew very little about the intricacies of the immigration process, nor the policies of an immigration service center.
TracyTNFemaleUnited Kingdom2007-05-09 09:23:00
K-1 Fiance(e) Visa Process & ProceduresHow to get a waiver on clause 18 of form I-129F

How much time/money do you expect this guy to exhaust?? You actually believe that this is a smart course of action??? Would you do it under the same circumstances, or would you save yourself all the time and expense and just jump on a plane and meet your fiancee??? I think I would prefer to meet her.


While brash (and I have no problem with brash) Way has made the point well. We seem to have lost in the shell game, the fact that the OP asked about obtaining a waiver for reasons other than the ones stated. SO.....it doesn't seem that religion or culture is a factor in this couple's case anyway. No reason has been given by the OP for having asked the question or why they haven't met. Sometimes a question is just a question.


I have no problem with brash either.

But there's a difference between brash and admitting that you quite possibly may not know EVERYthing there is to know about this process. I've been on this board for nearly 3 years and I still find myself learning new things about this process all the time. Something I suppose 'The Way It Is' would never admit to, as he clearly already knows it all.
TracyTNFemaleUnited Kingdom2007-05-09 09:05:00
K-1 Fiance(e) Visa Process & ProceduresHow to get a waiver on clause 18 of form I-129F

More to the point, though, how will the OP's case worker specifically interpret the 'law passed by Congress' when adjudicating their case? Please tell us, oh wise one.

That seems the more salient point to me in this example than the USCIS' interpretation.


I guess I dont understand your comment. The adjudicator is required to follow the published regulations of the HSC which are based upon legal interpretations, case law, etc. Any decison that he makes regarding the petition is only a recommendation, as he/she must get coordination from the chain of command including the legal department before the Divison Chief signs off on the approval denial of the petition. An adjudicator only does all the leg work and recommends approval/denial.

Assuming that the goal of the OP is to get his fiancee here sometime in the foreseeable future, it would be foolish for him to pursue a couse of action that will result in only delay and almost a certainty of denial as all have eluded to here. So to tell him that its worth a shot is not being realistic and could be a very expensive course of action as probably the only approval authority in this kind of case would be at the Board of Appeal level.

Do you realize how expensive and time consuming this could be?? He would have to pay for the transporation and per diem of his attorney to go to the hearing held at some service center, etc.

...

How much time/money do you expect this guy to exhaust?? You actually believe that this is a smart course of action??? Would you do it under the same circumstances, or would you save yourself all the time and expense and just jump on a plane and meet your fiancee??? I think I would prefer to meet her.


You don't? Hmm I thought being 'the way it is' and all, you'd know without me having to say a word! But at any rate, its all well and good what the USCIS regulations say, or what the case worker is 'supposed' to do. What I'm suggesting is that rules and regulations don't always control what any individual may do on any given day. Perhaps the case worker woke up feeling generous - or felt like being a non conformist - on the day the OP's file crossed his desk, and approved the petition. How that may then play out at the embassy is another matter entirely. But I'm sure you can tell me that, too.

I read the entirety of HuskerKiev's thread, and I don't remember him saying that their decisions on petitions had to be 'coordinated' through the chain of command, nor reviewed by any legal department. If that's the case, then I missed that somewhere. It also wouldn't explain the rampant inconsistancies we've seen just on VJ in case adjudication (some get RFEs for not including beneficiary birth certificates while others do not, etc and so on).

I don't expect the OP to do anything, nor did I ever say anywhere in this thread that I thought he should try it. Sorry, but that's not 'the way it is'.

And of course I realize what it could cost him. However, what I would do personally (if in his situation) and what the OP might do may well be two different things. Stating my opinion to him about his situation is just that - what he does with that opinion (as well as the opinions of others) is beyond my control. (At least the last time I checked anyway.)
TracyTNFemaleUnited Kingdom2007-05-09 09:02:00
K-1 Fiance(e) Visa Process & ProceduresHow to get a waiver on clause 18 of form I-129F

Ok, "way it is." Since you have a crystal ball that tells you all about both the OP's situation AND the minds of all adjudicators, awesome. We can certainly use someone like you around here.


I agree - you'll be VERY popular around here!

Now, can you help me out with the winning lotto numbers for tomorrow?


The OP has a better chance of winning the lottery than getting a visa based upon the advice given by some posters here. Anyone can quote the instructions that come with the I-129F...knowing how the USCIS has interpreted the law passed by Congress is something different. After all, THAT's THE WAY IT IS.


More to the point, though, how will the OP's case worker specifically interpret the 'law passed by Congress' when adjudicating their case? Please tell us, oh wise one.

That seems the more salient point to me in this example than the USCIS' interpretation.
TracyTNFemaleUnited Kingdom2007-05-09 07:15:00
K-1 Fiance(e) Visa Process & ProceduresHow to get a waiver on clause 18 of form I-129F

Ok, "way it is." Since you have a crystal ball that tells you all about both the OP's situation AND the minds of all adjudicators, awesome. We can certainly use someone like you around here.


I agree - you'll be VERY popular around here!

Now, can you help me out with the winning lotto numbers for tomorrow?
TracyTNFemaleUnited Kingdom2007-05-08 15:03:00
K-1 Fiance(e) Visa Process & ProceduresHow to get a waiver on clause 18 of form I-129F

eric_and_teresa,

Please read my post again. You have misrepresented my post on more than one point.

Yodrak

.....

Anyway, the OP's question was answered by Yodrak, there has been in this forum ONE case where this exception has been applied and despite the fact of not meeting in person first, the visa was granted.


Yodrak, I read your post again. The OP's question was if there were similar cases of couples not meeting in person first that got approved? You said you remember one person here who didn't meet before applying and got the visa, right? How did I miss your point? I think you missed my mine.

Just to make things clear, I'm not using your post to back up my previous posts, I'm saying there is a rule: Meeting in person. And there are 2 exceptions to that rule. Am I 100% sure if the USCIS approves petitions that fall into one of those exceptions I don't know. But the exceptions exist. That's all.

Wait.. I get it! It wasn't this specific forum, it was another visa forum? Well, that's irrelevant.


Yodrak said that the couple in the example had their petition approved - not that they received the visa.
TracyTNFemaleUnited Kingdom2007-05-08 11:59:00
K-1 Fiance(e) Visa Process & ProceduresHow to get a waiver on clause 18 of form I-129F

tbos - you don't mention if there are cultural reasons or traditions that make meeting in person before marriage inappropriate and/or forbidden in your culture/religion. Are there such prohibitions or mores?

Financial hardship is a likely non-starter for you. Love ain't cheap, in any culture ;)

It is not an open-and-shut, forget about it, situation as DakotaK1 implies. The I-129F instructions clearly allow for the w/in-2-years meeting requirement, BUT it is a very narrow category and you'll need to be prepared to prove your case. And I would guess that USCIS has heard a LOT of excuses from people trying to avoid the requirement as well as received a lot of sincere requests to waive the requirement, so they may be familiar with your cultural/religious norms.

Check out the forum for your region here at VJ and see if anyone shares whatever cultural/religious grounds on which you would base your request for a waiver.


The OP did mention 'social customs' as the second reason for not meeting. Whether or not that is strong enough to waive this requirement, I dunno.

But as you suggest, I'd pose this question in the India regional forum here and see if there are any similar experiences.
TracyTNFemaleUnited Kingdom2007-05-07 15:02:00
K-1 Fiance(e) Visa Process & ProceduresUnusual case

also, does having a bank account with a good sum of money (50k) help offset last years income that is a few thousand below the required levels (since i was in india for several months last year).

any help is greatly appreciated!


If you are currently employed, you'll need a letter of employment(for the I-134) that will state your salary, date of hire, position, job status(full or part time/temp). That should be enough. A letter from your bank will also be required. I forget off hand what is needed from them, but it's in the instructions.


Letters from banks and employers are not REQUIRED. They can be helpful, if available. Specifically, you would want a letter from the bank if you were using assets instead of income. If you have sufficient income, there is no need to state or prove assets. Many visas are issued without Employer letter. Many are issued without asking for any of the financial documentation. Of course, you can't adjust status without an I-864.

For example, if a bank letter was required, I wouldn't be sipping this herbal tea my wife just brought me.


I always thought that any required support documents with the I 134 were determined on a consulate by consulate basis. Vietnam, if I recall correctly, is one of the most strict consulates when it comes to proving support of the beneficiary. So I'm not sure your advice should be taken at face value across the board.

Besides which, it doesn't take a lot of effort to secure at least an employer letter.

Edited by TracyTN, 09 May 2007 - 10:37 AM.

TracyTNFemaleUnited Kingdom2007-05-09 10:37:00
K-1 Fiance(e) Visa Process & Procedureshelp G-325A "what to fill in"
Well lets see. She'll be going back to the Phils - so why would his US address be HER address?

Besides, the I 129f asks if the foreign fiance/e is currently in the US and if so, when they're due to go back.
TracyTNFemaleUnited Kingdom2007-04-12 07:44:00
K-1 Fiance(e) Visa Process & ProceduresIs it in my best interest?
Apparently you all missed his ever so sad previous thread.

http://www.visajourn...mp;#entry738785

Anyway, azzcactus, if you really do want to cancel the petition, write the service center and tell them so.
TracyTNFemaleUnited Kingdom2007-02-25 19:09:00
K-1 Fiance(e) Visa Process & ProceduresEvidence for I-129F petition
I mentioned in question 18 of the I 129f that I had an upcoming trip.
TracyTNFemaleUnited Kingdom2007-06-13 12:57:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS officer says my K1 visa isn't adequate
Who exactly told you that? An officer at the POE? An officer at POE is not a USCIS officer, so you've confused me there a bit. Assuming it was the officer at POE that told you that, he has no idea what he's talking about. Officers at POE have no authority on whether or not to issue a visa - that is up to the State Department folks consulate, who have issued you the K1.

It is almost routine that NOA2s have expired before people have their interviews, and it is the consulate who decides whether or not to extend that. Obviously they did when they approved your visa.

Take your visa and enter the states without giving it a second thought.

Edited by TracyTN, 11 June 2007 - 10:48 AM.

TracyTNFemaleUnited Kingdom2007-06-11 10:46:00
K-1 Fiance(e) Visa Process & ProceduresUS Citizen Living Abroad

Of course she is but the petition doesn't make a stop in Oregon. Send it directly to the Nebraska Service Center, where it will be transferred to California or Vermont or processing. Then NVC and so on.


Huh? transfer to Vermont for an I-129F for K-1? Since when?


Yup.

Vermont filers stay in Vermont. Only TSC and NSCers are transferred, and they are all transfered to CSC.
TracyTNFemaleUnited Kingdom2007-06-14 09:20:00
K-1 Fiance(e) Visa Process & ProceduresFriends Fiancee Pregnant-Exceptions?
Unfortunately, lack of (family) planning on a petitioners part does not constitute an emergency on USCIS' part. They'll have to go through the process just like everyone else.
TracyTNFemaleUnited Kingdom2007-06-15 08:47:00
K-1 Fiance(e) Visa Process & Proceduresduring k1 process did anyone get married?

IS your marriage registered or not? The whole idea of the K1 being called a FIANCEE visa is just that...the requirements are very plain regarding the K1. It is for the purpose of bringing one's fiancée to the US to be married.

Did you read the information that comes with the K1 forms? Did either of you read any of the Guides listed here? There isn't a short cut with the K3. You are basically starting over from square one when filing for the K3.


:yes:
TracyTNFemaleUnited Kingdom2007-06-14 12:11:00
K-1 Fiance(e) Visa Process & ProceduresMy Story

The moral of the story is that the visa is only a small part of this i know at the moment it seems so big for you both but your relationship has to be bigger than that.


Very well said.
TracyTNFemaleUnited Kingdom2007-06-16 07:50:00
K-1 Fiance(e) Visa Process & ProceduresLong Name
If you download a trial version of Adobe professional, you can manipulate the size of the boxes.

Or print out the form and write it in.
TracyTNFemaleUnited Kingdom2007-05-09 07:15:00
K-1 Fiance(e) Visa Process & ProceduresMarriage other than in USA

TracyTN,

My sense is that the OP, being new to this issue, did not appreciate the semantics and you, from what you say in your post here, apparently took him literally. My interpretatino was that when he wrote "marry" he was thinking "have a 'wedding' ceremony".

My belief is that the first step in answering such questions should be to clarify with the poster what they really mean before getting into the consequences of a marriage. They may not be talking about marriage at all, it's just their habit to use that word.

Yodrak


Well, if I added to any of the OPs confusion, then I apologize. That was not my intention.

FWIW, I was keying off his/her second sentence, which began 'I really want the wedding in Canada' - thus my suggestion to do just that and then pursue the K3.
TracyTNFemaleUnited Kingdom2007-06-19 12:38:00
K-1 Fiance(e) Visa Process & ProceduresMarriage other than in USA

TracyTN,

Perhaps because they don't necessarily want to get married outside the US. They don't necessarily care where they get married. What they do care where they hold a (usually religious) wedding ceremony.

This debate often centers on semantics, it's an issue where semantics are important and one must be careful to understand and say clearly what they really mean - not only in posts to VJ but also in discussion with immigration officials.

Yodrak

What I fail to understand is if the couple really wants to get married outside the US, why not go for it and then petition for the K3?

I understand at one time that K3s took longer than K1s (hence people being hesitant to pursue the K3) but I don't believe that is necessarily the case anymore. I wouldn't even take the risk with the 'non legal marriage' if I knew that it wouldn't cost us more than a month or so apart to be legally wed and then pursue a spousal visa.


I know. That's why we went for the K1 - because we had no need/desire to marry outside the US. The OP here mentioned wanting to marry in Canada, hence my question. It seems to me that marrying where they want to (Canada) and then going for the K3 would be the path of least resistance for all, and would also help them avoid any semantics issues later.
TracyTNFemaleUnited Kingdom2007-06-19 12:18:00
K-1 Fiance(e) Visa Process & ProceduresMarriage other than in USA
What I fail to understand is if the couple really wants to get married outside the US, why not go for it and then petition for the K3?

I understand at one time that K3s took longer than K1s (hence people being hesitant to pursue the K3) but I don't believe that is necessarily the case anymore. I wouldn't even take the risk with the 'non legal marriage' if I knew that it wouldn't cost us more than a month or so apart to be legally wed and then pursue a spousal visa.
TracyTNFemaleUnited Kingdom2007-06-19 11:59:00
K-1 Fiance(e) Visa Process & Procedureswhat's form I-797? Im confuse

That is how long the K1 is valid for use.


I thought that was how long the approved petition was valid.
TracyTNFemaleUnited Kingdom2007-06-21 12:30:00
K-1 Fiance(e) Visa Process & ProceduresMoney Order to pay the $170?
Notice of Action. NOA1 has your case number and received date. NOA2 is the approval of the petition, after which your petition will be sent to the National Visa center, and then on to the foreign consulate.

Its all here if you'll take the time to read up.

http://www.visajourn...sa-outline.html
TracyTNFemaleUnited Kingdom2007-06-20 07:48:00
K-1 Fiance(e) Visa Process & Proceduresan anyone find I-134 that has not expired?
http://www.visajourn...mp;#entry866948
TracyTNFemaleUnited Kingdom2007-06-25 15:33:00
K-1 Fiance(e) Visa Process & ProceduresWhere to write' "Do not canclel petition" letter -at USCIS

Since your petition was approved by the USCIS and was forwarded to NVC, why did you send your cancellation to USCIS?


I believe the NVC sent it to the USCIS.

The NVC already sent me a letter last week saying they sent my request to cancel to the USCIS.
It's odd that the NVC letter said to contact the Bangkok Embassy with further inquiries.


TracyTNFemaleUnited Kingdom2007-06-26 13:23:00
K-1 Fiance(e) Visa Process & ProceduresInterent Relationships


Hello Everyone. I was very pleased to find this site. :dance:
My fiance and I met on the internet about a yar ago. We have been talking every since, and have come to love eachother very much (L) . We havent been able to meet in person just yet because I am in college and working. We plan on filing a I-29F form soon as I get the money. But I wonder if the embassy will grant us the visa, since we have not met in personj yet :help: .
Peter and I talk on the phone and have webcameras that use everyday to see eachother live.
To make matters more urgent, we want a baby. But When I was 17 I was diagnosed with Ploysytic Ovary Disease. And my doctors told me that the longer I wait the harder it will be for me to have achild until it is impossible :crying: :( .
Does anyone have any information for us, or have filed for their fiance that they met over the internet? I'd appreciate any advice you could give thanks..... :yes:


First of all, if you have not yet met in person and you file the I 129f, it will not be the embassy you will have to worry about. The service center in the US will be the one who rejects your I 129f petition. You won't make it to the embassy (rather, consulate) stage.

MANY of us here (myself included!) met our fiance/e's on the internet. But we also made sure to meet them face to face as well (several times, in fact - at least in my case). I'm not sure why you would even want to get engaged to someone you've never met in person, but hey - maybe I'm funny that way.

If a couple who has not met in person applies and is approved, it would likely be because they did not meet due to some sort of religious stipulation.

There are a few irrefutable rules that are required when attempting to obtain a fiance/e visa - the main one being that you have met in person in the past 2 years. Being a poor college kid does not exempt you from that rule. (Seeing each other 'live' every day on a webcam will not suffice, either.) Better start saving your pennies and finding a way to meet before sending in the I 129f. Otherwise, you can kiss the $170 filing fee goodbye, not to mention that you will have likely complicated any future attempts at procuring a visa. Instead, why not use that $170 towards a plane ticket?

And as an aside - what does wanting a baby have to do with anything (immigration wise)?

Edited by TracyTN, 03 May 2007 - 03:30 PM.

TracyTNFemaleUnited Kingdom2007-05-03 15:28:00
K-1 Fiance(e) Visa Process & Proceduresprevious conviction
Since you have already filed the petition, the only thing you can do now is wait it that part out like everyone else.

wow susan i am very sad to hear that, and believe me i know the pain of seperation...i think you have to apply for a waiver and then he can apply for a k1...im sure there is someone who knows more than i do on this matter, but look into the waivers for k1 visas


You do not 'apply for a waiver' on a K1 until after the visa interview has taken place in the beneficiary's home country,and if the visa is then denied. Its at that point that you may do well to have an attorney consult you.


I would suggest calling congress man for your statte and ask for help...they would advice you who is best lawyer for your case...hope this helps and good luck


Your congressman is only able to help by putting in inquiries if your case seems 'stuck' at some point of the process. At this stage, I'd say she is still within normal processing times. Congressmen usually do not give advice about attorneys.
TracyTNFemaleUnited Kingdom2007-06-28 07:34:00
K-1 Fiance(e) Visa Process & ProceduresIts not always good to get married if the K1 is denied here's why
Not only that, but it looks better to cite the source instead of passing it off as your own information.

Looks like the original post was paraphrased from this

http://www.ilw.com/a...0323-ellis.shtm
TracyTNFemaleUnited Kingdom2007-06-26 11:45:00
K-1 Fiance(e) Visa Process & Proceduresfiance employment history I-129f
The I 129f does not ask about employment history.

Are you talking about the G 325a?
TracyTNFemaleUnited Kingdom2007-07-03 13:46:00
K-1 Fiance(e) Visa Process & ProceduresMarriage

Fiance visa sponsors MUST be US citizens.



well, i can be a US citizen by take the citizenship test
Or file N-600
but which way is better for me?


I'm sorry, but that isn't for me to say. You're just going to have to do your own research and decide which is best for you.
TracyTNFemaleUnited Kingdom2007-07-03 15:05:00
K-1 Fiance(e) Visa Process & ProceduresMarriage
Fiance visa sponsors MUST be US citizens.
TracyTNFemaleUnited Kingdom2007-07-03 14:59:00
K-1 Fiance(e) Visa Process & ProceduresRunning Out of Time

I'm just sharing news that I was given from a Congressman's office in Washington and they were aware I was referrring to wedding plans. Like I said, every case is treatly on an individual basis. Different people get different treatment, fair or unfair!


TimsDaisy,
I was mainly replying to this post of soon2bmarried.

But I agree with you - I don't think a congressional person would even ask for an expedite on that basis, but soon2bmarried stated otherwise. :blink:

Edited by TracyTN, 03 May 2007 - 12:28 PM.

TracyTNFemaleUnited Kingdom2007-05-03 12:26:00
K-1 Fiance(e) Visa Process & ProceduresRunning Out of Time

According to Huskerkiev, he said that the USCIS had a limited time to answer a congressional request. So they DO get pulled per congressional request, fair or unfair. Its up to the congressmen if they want to help or not.


Yes, the case will likely get pulled. But having it looked at is no guarantee of approval. My guess is they'd look at why she wants it expedited and will say 'she can wait her turn' - and in it goes back in the stack.
TracyTNFemaleUnited Kingdom2007-05-03 10:44:00
K-1 Fiance(e) Visa Process & ProceduresRunning Out of Time
I suppose there's no reason why the congressman can't ask for a case to be expedited on that basis.

Doesn't mean the service center will comply.
TracyTNFemaleUnited Kingdom2007-05-03 08:48:00
K-1 Fiance(e) Visa Process & ProceduresRunning Out of Time

Also, for me personally, I've never felt it was any kind of 'right' my government owed me to live in America with a citizen of another nation. I've always felt the onus was on me.


I couldn't agree with that more.
TracyTNFemaleUnited Kingdom2007-05-02 07:51:00