ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresCancelling the K1 VISA

No, what I'm saying is that is the 'standard' reply, but they still do reply to emails. Not with the frequency that they used to, unfortunately.



I just got the respocne that you said i would. Is it likely i will get a reply? i headed the e-mail with my case number and included a request for cancellation in the message title. I'd be more at ease about travelling next month knowing that they knew i attempted to contact them with regards to cancelling.


Its a ####### shoot, really, as to whether or not you'll get a reply.

fwaguy and Rixxy - read the third post in this link. I think fwaguy is spot on (I must have been thinking of another set of circumstances where a non cancelled petition effected a later one).

http://www.visajourn...php/t71744.html
TracyTNFemaleUnited Kingdom2007-07-24 14:53:00
K-1 Fiance(e) Visa Process & ProceduresCancelling the K1 VISA

The NOA2 on your petition has an expiry date of 4 months past its approval. What fwaguy is saying is that you've not 'asked' to proceed with that petition because you didn't fill out the forms they sent and returned them.

Personally I would still contact them and make sure they know to cancel it in the event you ever want to do another US visa again.


Proper ettiquette might be to formally request termination (which I think is what the OP is wanting to do), but do you really think it will have an effect on any future petition filings?


I'm thinking of a particular example that I've seen here before. May take me some time to dig up the link, though.
TracyTNFemaleUnited Kingdom2007-07-24 14:51:00
K-1 Fiance(e) Visa Process & ProceduresCancelling the K1 VISA
The NOA2 on your petition has an expiry date of 4 months past its approval. What fwaguy is saying is that you've not 'asked' to proceed with that petition because you didn't fill out the forms they sent and returned them.

Personally I would still contact them and make sure they know to cancel it in the event you ever want to do another US visa again.
TracyTNFemaleUnited Kingdom2007-07-24 14:39:00
K-1 Fiance(e) Visa Process & ProceduresCancelling the K1 VISA
No, what I'm saying is that is the 'standard' reply, but they still do reply to emails. Not with the frequency that they used to, unfortunately.
TracyTNFemaleUnited Kingdom2007-07-24 14:08:00
K-1 Fiance(e) Visa Process & ProceduresCancelling the K1 VISA
Have you tried emailing them? LondonConsular@state.gov

Put your case no. in the title of the email, and also that you want to cancel the case. You'll probably get an automated reply saying its been deleted without being read, but that's something they started doing around the time of the July 7th bombings. You may still get a reply from them.
TracyTNFemaleUnited Kingdom2007-07-24 12:46:00
K-1 Fiance(e) Visa Process & ProceduresCancelling the K1 VISA
I'd go ahead and cancel it. You don't have a timeline so I'm not sure where you are in the process to tell you how to cancel it.

As for using the VWP - as long as you have proof of ties to home, you should be ok at POE (although the officer has the final say on your entry, of course). The status of the petition should not matter at that point, though if it is cancelled and the POE officer can see that, it should lessen the chance that he/she will think you have immigrant intent upon entry. So it may actually help you in that sense.
TracyTNFemaleUnited Kingdom2007-07-24 11:10:00
K-1 Fiance(e) Visa Process & ProceduresShe had to go home early.
john and marlene is correct.

"IMBRA imposes limitations on the number of petitions a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) may file or have approved without seeking a waiver of the application of those limitations. If the petitioner has filed two or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, the petitioner must request a waiver. These limitations do not apply to petitioners for a K nonimmigrant visa for an alien spouse (K-3)."
TracyTNFemaleUnited Kingdom2007-07-17 13:44:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction
Oh right, I see. I missed that part in your post. :blush:

I would suspect that the service center would have some information on previous visas, but maybe not. The service center phase seems to be a lot about the petitioner (although there are obviously checks done on the beneficiary). Maybe we need to ask Huskerkiev.
TracyTNFemaleUnited Kingdom2007-03-26 09:42:00
K-1 Fiance(e) Visa Process & Procedures2 year restriction
Rebecca, did you see the thread yesterday where the lady posted that her fiance (the USC) had accepted payment for a prior K1 petition? Their case was then promptly sent to Honolulu. So I think the service center does the research.
TracyTNFemaleUnited Kingdom2007-03-26 09:21:00
K-1 Fiance(e) Visa Process & ProceduresAddress question
Its not too complicated. Put the address where he can receive mail. If/when that changes, change it with USCIS.
TracyTNFemaleUnited Kingdom2007-07-29 09:22:00
K-1 Fiance(e) Visa Process & ProceduresHELP PLEASE
Each congressperson has a different procedure. Many of them require a 'release' from you in order for them to contact NVC on your behalf. Call your representative - best place to start.
TracyTNFemaleUnited Kingdom2007-07-31 07:39:00
K-1 Fiance(e) Visa Process & ProceduresArrested for DUI

Well,
I don't think HIS DUIs matter much. He's a US citizen, they can't kick him out :lol:
I rather think you may have better luck with marrying NOW and submitting Adjustment of Status and Advance Parole ASAP. Then, you could go out of the US for up to 6 months worry free, right?
Otherwise, I am not sure if one can apply for K1 when his fiance is in the country. If one can, then there is no point to be waiting until you have 1 month on your visa. You might as well do it now, depending on where he lives, K1 will be sent to US embassy in your country in 2 - 4 months. But, if you get caught in security checks, it may be longer...
So bottom line - why complicate matters, just get married now!
Rika


There's no reason this cannot be done, so long as the foreign fiance/e returns to their home country at the time dictated by their tourist visa.
TracyTNFemaleUnited Kingdom2007-08-01 12:09:00
K-1 Fiance(e) Visa Process & ProceduresOriginal birthcertificate...
It can seem as nuts as we want it to seem. But the fact remains that they CAN and often DO ask to see originals of any of the documents you submitted.

I took the certified copy of birth certificate to my fiance in the UK ('original' is sort of a misnomer) because I submitted it as my proof of citizenship in the petition, and knew that they *might* ask him for it.

If the OP's USC fiance used their passport as proof of citizenship in the petition, then they should be fine. If not, all they can do is hope that they do not ask to see the certified copy of the birth cert.
TracyTNFemaleUnited Kingdom2007-07-31 09:49:00
K-1 Fiance(e) Visa Process & ProceduresOriginal birthcertificate...

Hey guyz,

I need help to those who have done with this,since my fiance is already here in the phillippines to go with me in my interview...Do i need an original birthcertificate of him for my interview?because he forgot to bring,but he has a photocopy of his birthcertificate...Is this sufficient for me to bring for my interview?any advise is appreciated,Thanks in advance...alice


as far as i know, if you are referring to the petitioner, even if they come to the interview, i dont believe that they need a birth certificate...i know that the beneficiary will need an original of their birth certificate, but the petitioner us citizenship was verified with packet 1, and the copy of the birth certificate...i hope that helps a little


This is incorrect. A consular officer can ask for the original version of any document as they see fit - including that of the USC petitioner.

Sounds like it may be too late at this point for the USC to get an original birth certificate sent to them in time for the interview. In which case, all he can do is take the photocopy and hope they are not asked to produce the original.
TracyTNFemaleUnited Kingdom2007-07-31 08:15:00
K-1 Fiance(e) Visa Process & ProceduresOverstayed in England

There used to rarely, almost never be anyone at those inspection points, but every single departure from the UK since 7/7/5 I've had there has been a passport inspection (always thru Gatwick or Heathrow). How thorough these are, I don't really know (I was a UKC at that point, I observed a less-than thorough one of my non-UKC colleagues last time I went thru Heathrow on business).


Since 2005, you're saying? I've never been stopped. I would say I've never even seen someone at the desk - but I think last time there was someone there but people were walking straight past him without batting an eye. I sort of timidly followed suit and wasn't told to stop. Of course, I wasn't there longer than I should've been and I'm guessing if I ever needed to prove my departure, I would do so with proof of reentering the US via our government, but who knows. I never really understood why the stations weren't manned . . . .


FWIW, I have also never been 'stamped' as I exited Heathrow - not any of my four visits (spanning from Sept 2005 - April 2007). In fact, I remember only one time that the desk was manned, and at that, all they made us do was remove our shoes and run them through a scanner (this was on my first visit after 7/7).

So it sounds like a very lax process.
TracyTNFemaleUnited Kingdom2007-07-31 07:37:00
K-1 Fiance(e) Visa Process & ProceduresMoving Question
Doesn't matter at all.
TracyTNFemaleUnited Kingdom2007-08-02 14:50:00
K-1 Fiance(e) Visa Process & ProceduresWhy K-1 visa?

I thought it was considered visa fraud if you use any other visa to get to "marriage". Dont know. But I do know someone here in Williamsburg that married a woman from Belarus while she was here working a few summers ago. They were able to keep her here while they filed for a K-3. She never had to leave. The problem, I think, with filing for an immigrant visa while being here, is that it seems you only applied for a tourist visa for this ultimate reason. which = Fraud. but I'm not sure.


Sorry, but this is just simply NOT TRUE. You are well within your rights to get a tourist visa, come here & get married, then go back to your home country. That is not visa fraud.

Nor is it wrong for the foreign fiance/e to be in the US when the K1 is sent in. As long as they return to their home country when necessary.
TracyTNFemaleUnited Kingdom2007-08-02 15:20:00
K-1 Fiance(e) Visa Process & ProceduresCurrent Status: We mailed you a decision. dosnt sound good
Would help if we knew exactly where you are in the process (aka fill in your timeline)...!
TracyTNFemaleUnited Kingdom2007-08-01 11:53:00
K-1 Fiance(e) Visa Process & Proceduressince there's now only 2 service centers....
Technically, its not 'going down to two' service centers.

Vermont and California have been the only two SCs adjudicating I 129fs for a while now. Texas and Nebraska
I 129f cases were forwarded to CSC.

The only real change is the re-distribution of people to the respective service center.

(Frustrating, nonetheless, about RFEs, no?)
TracyTNFemaleUnited Kingdom2007-08-01 14:31:00
K-1 Fiance(e) Visa Process & Proceduressince there's now only 2 service centers....
I think it will shorten the CSC time some and lengthen the VSC time - meaning they'll be about the same. Which is actually the way it should have been all along.

But only time will tell.

Edited to add: YuandDan is right, however, some of those TSC and NSC filers/transferees will now be going through VSC instead. So I think the wait times will eventually reflect that.

Edited by TracyTN, 31 July 2007 - 11:11 AM.

TracyTNFemaleUnited Kingdom2007-07-31 11:10:00
K-1 Fiance(e) Visa Process & ProceduresMy Situation
http://www.visajourn...h...t=0&start=0
TracyTNFemaleUnited Kingdom2007-08-06 13:58:00
K-1 Fiance(e) Visa Process & Procedures5 or 6 years for K1 VISA??!!!
That's why we call it the MISinformation line...!
TracyTNFemaleUnited Kingdom2007-08-07 07:07:00
K-1 Fiance(e) Visa Process & ProceduresRFE Check
Of course you want to send in the most complete package you can, but even at that, it doesn't mean you won't get an RFE. You can get one because USCIS loses something that you enclosed.

You've just gotta do your best and keep your fingers crossed!
TracyTNFemaleUnited Kingdom2007-08-03 10:32:00
K-1 Fiance(e) Visa Process & ProceduresWithdrawl of I-129F in exchange for different process

Your timeline is confusing (you mailed the I 129f in May, but your NOA1 is in July??) - but consider this; it will likely take about 6 or 7 months to get the K1 visa (as you mentioned). Upon receiving the visa, you then have 6 months in which to 'activate' it ( move the foreign fiance to the US).

Is that not enough time for whatever your current situation?

I would recommend that as opposed to your other suggested course of action (which is patently illegal, btw).



sorry, or file is a mess. Actually we originally submitted it in May but due to continued USCIS errors it didn't actually get into their system until July. So we are figuring it will be another 6 mths approximately for him to get his visa. The reason for this question has more to do with situations in London (living ones) than the visa process itself. As I said exploring options more than anything. I like having many and then figuring out the best one.



So reading between the lines, he needs to get here sooner instead of later (as my scenario would play out)?
TracyTNFemaleUnited Kingdom2007-08-08 11:29:00
K-1 Fiance(e) Visa Process & ProceduresWithdrawl of I-129F in exchange for different process
Your timeline is confusing (you mailed the I 129f in May, but your NOA1 is in July??) - but consider this; it will likely take about 6 or 7 months to get the K1 visa (as you mentioned). Upon receiving the visa, you then have 6 months in which to 'activate' it ( move the foreign fiance to the US).

Is that not enough time for whatever your current situation?

I would recommend that as opposed to your other suggested course of action (which is patently illegal, btw).
TracyTNFemaleUnited Kingdom2007-08-08 11:00:00
K-1 Fiance(e) Visa Process & ProceduresSolicit congressman's support before the process?
Let him 'endorse' away.

Its not going to sway USCIS' decision.
TracyTNFemaleUnited Kingdom2007-08-08 12:21:00
K-1 Fiance(e) Visa Process & ProceduresSolicit congressman's support before the process?
I fail to see what good it would do you, but if you want to take the time to contact him and wait for a response, go for it.

I'd rather just get the petition in the mail.
TracyTNFemaleUnited Kingdom2007-08-08 12:06:00
K-1 Fiance(e) Visa Process & ProceduresAre all these calls really necessary?

I have wondered similar before - but not in the way of slowing down processing; more to the point of why bang your head on a brick wall hearing the same information day after day after day? How that helps one's sanity during the already insane process, I'll never know.

But when I suggested such, I was roundly yelled at and basically told that I must not care about my case as much as someone who calls every day :rolleyes: so I gave up...!


We ALL care about our cases Tracy, just some of us more than others :lol:

But seriously, if ya wanna call a million times, knock yourself out. Doesn't really hurt me at all, but its certainly not a pratice in which I will engage.



Oh I hear you - and I know it doesn't 'hurt me' for someone else to call 16 times a day. I just find it one of the strangest anomolies.


I guess some people thrive on stress and no news. :wacko:


Apparently!!! :blink:
TracyTNFemaleUnited Kingdom2007-08-08 15:27:00
K-1 Fiance(e) Visa Process & ProceduresAre all these calls really necessary?

I have wondered similar before - but not in the way of slowing down processing; more to the point of why bang your head on a brick wall hearing the same information day after day after day? How that helps one's sanity during the already insane process, I'll never know.

But when I suggested such, I was roundly yelled at and basically told that I must not care about my case as much as someone who calls every day :rolleyes: so I gave up...!


We ALL care about our cases Tracy, just some of us more than others :lol:

But seriously, if ya wanna call a million times, knock yourself out. Doesn't really hurt me at all, but its certainly not a pratice in which I will engage.



Oh I hear you - and I know it doesn't 'hurt me' for someone else to call 16 times a day. I just find it one of the strangest anomolies.
TracyTNFemaleUnited Kingdom2007-08-08 15:11:00
K-1 Fiance(e) Visa Process & ProceduresAre all these calls really necessary?
I have wondered similar before - but not in the way of slowing down processing; more to the point of why bang your head on a brick wall hearing the same information day after day after day? How that helps one's sanity during the already insane process, I'll never know.

But when I suggested such, I was roundly yelled at and basically told that I must not care about my case as much as someone who calls every day :rolleyes: so I gave up...!
TracyTNFemaleUnited Kingdom2007-08-08 14:52:00
K-1 Fiance(e) Visa Process & ProceduresK1 VISA DENIED

Well, if you still want to get married, then you'll need to complete a new petition. The question is, do you feel confident filing it your self? If so, get the refund and re-do it yourself. If not, have the lawyer do it and make her pay the new, higher filing fee. Or, get the refund and find a competent immigration attorney to file the new petition for you.

What a bummer for you. Good luck!


The OPs situation is now quite more complicated than when he started this petition. No way I'd go it alone. I would either dump the current attorney and find a new one (after getting a full refund from the current attorney), or make this attorney work on the new case for free.

Personally, I wouldn't want to touch this attorney again with a 10 foot pole (no reply to an RFE - how basic a mistake is that??) - but I certainly wouldn't go it alone, either.



Given the cuircumctances described above, my personal choice would also be to get a refund and hire a new, competent immigration attorney. I was merely pointing out that there is more than one option in this mess.


We are definitely in agreement!! :thumbs: :)
TracyTNFemaleUnited Kingdom2007-08-06 11:33:00
K-1 Fiance(e) Visa Process & ProceduresK1 VISA DENIED

Well, if you still want to get married, then you'll need to complete a new petition. The question is, do you feel confident filing it your self? If so, get the refund and re-do it yourself. If not, have the lawyer do it and make her pay the new, higher filing fee. Or, get the refund and find a competent immigration attorney to file the new petition for you.

What a bummer for you. Good luck!


The OPs situation is now quite more complicated than when he started this petition. No way I'd go it alone. I would either dump the current attorney and find a new one (after getting a full refund from the current attorney), or make this attorney work on the new case for free.

Personally, I wouldn't want to touch this attorney again with a 10 foot pole (no reply to an RFE - how basic a mistake is that??) - but I certainly wouldn't go it alone, either.
TracyTNFemaleUnited Kingdom2007-08-06 11:17:00
K-1 Fiance(e) Visa Process & ProceduresK1 VISA DENIED

hear is what the letter said my lawyer did not send me this RFE to put my Signature on it she just ask me to tell hear if i have been convected of a crime and she sent it in with out my name on it i think anyone who sent in petition should say up front of any crimes to AVOID RFE





On the petition you filed on april 2 you failed to complete part C of the form in a Notice of Acttion may 18 you were notified you must complete the form you were then asked to respond to qustion in part C and sign and resubmit the form that was sent to you Your response received bye the office may 29 did not include your signature on form you resubmitted in view of the above the petition is DENIED


Still not overly clear, however - the mistake was clearly that of your attorney. So I'll ask again - what does she advise for next steps to rectify the situation?
TracyTNFemaleUnited Kingdom2007-08-06 11:03:00
K-1 Fiance(e) Visa Process & ProceduresK1 VISA DENIED
First of all, you need to get your terms correct. It was the PETITION that was denied, not the visa. They are two separate things.

Its hard to understand exactly what you're asking, but it appears that your attorney submitted a form without your signature. Normally, that would not result in a denial, but they would more than likely return it to you to be signed. But I feel we don't have a complete picture as to what exactly happened.

What does your attorney advise you to do next?

Incidentally - if you have an attorney, I find it puzzling that you asking people on a message board for advice as to what to do next.

Edited by TracyTN, 06 August 2007 - 10:47 AM.

TracyTNFemaleUnited Kingdom2007-08-06 10:47:00
K-1 Fiance(e) Visa Process & Proceduresfiancee work concern

Man there is SOOOOO much misinformation and baaaaaddddddddd advice on VJ these days.


:yes:
TracyTNFemaleUnited Kingdom2007-08-08 10:45:00
K-1 Fiance(e) Visa Process & ProceduresIs it possible to extend a K1 Visa?

Thanks for all the replies, it really helps. What I have understood is that there IS a way for us to get married past the 90 days if we choose to take that route. I like "no teeth". Thanks again.


Well goody.

But I didn't say 'no teeth' so that you'd go out and do it. I still fail to understand why you're having a hard time getting married w/in the 90 days.

If its because you feel you don't know your fiancee well enough yet, then shame on you for starting this process in the first place.

But I guess I'm expecting too much if I thought you'd have a conscience.
TracyTNFemaleUnited Kingdom2007-08-09 09:28:00
K-1 Fiance(e) Visa Process & ProceduresIs it possible to extend a K1 Visa?

people from Canada who has to go to MTL for interview , ( like liz and my self and so many others ) wish we would be with our fiances and have the oportunity to get married within 90 days as we talk ,
but we have to waite close to a year if not even longer from the time we send I 129f , so why not get married while you have a chance , unless you have cold feet and want to back out , but even then there is a reason why USCIS like to see couples file after they knowen eachother for 2 years ,
like the previouse posts said a civil marriage will do ,
( hell I would marry my baby at the Walmart if i ran into a priest tomorrow if the consulate would give me a visa tomorrow, but thats just me ) Lona


Where do USCIS say they want couples to have known each other for two years?

(They don't.)

They dont ? Oh well regardless i would still marry my babe tomorrow if I could


:no:

All they require is that you have met in person within the last 2 years.
TracyTNFemaleUnited Kingdom2007-08-08 15:18:00
K-1 Fiance(e) Visa Process & ProceduresIs it possible to extend a K1 Visa?

TracyTN,

This may not be a satisfactory answer, but recognize that a K1 who marries after the 90-day period and applies to adjust status is not applying for adjustment as a K1. They are applying on the same basis as any other non-K1 non-immigrant who is present in the USA (having entered with inspection), marries, and wants to adjust.

Yodrak


Yep, I completely understand that. I've honestly never found a satisfactory answer to the question.

I think that the 90 day K1 stipulation is, frankly, silly and superfluous, since it can be 'overcome' by filing a I 130 and the
I 485 concurrently. The only 'downside' to that is what you pointed out - and I have yet to see a case where that fact has become an issue at the AOS interview.

Sorry to hijack the thread. :blush: I'm sure I can gripe about this somewhere else. :lol:


I don't think the point of the 90-day limit is thought of as something that can't be overcome, but to discourage people from using the fiance visa as a getting-to-know-you visa. If there were no limit, then I imagine the risk of fraud and abuse of the foreign fiance would be higher.



I can appreciate that - and I completely agree that it should NOT be a 'get to know you' visa. But I think it'd be better if the stipulation had some 'teeth', other than a tsk tsk tsk from an AOS interviewing officer.

What the 'teeth' would be, I'm sure I don't know. But give me some time and I'd think of something. :D
TracyTNFemaleUnited Kingdom2007-08-08 14:59:00
K-1 Fiance(e) Visa Process & ProceduresIs it possible to extend a K1 Visa?

i just don't get why people can't marry within the 90 days.




Chris


That too! :D :lol:
TracyTNFemaleUnited Kingdom2007-08-08 12:15:00
K-1 Fiance(e) Visa Process & ProceduresIs it possible to extend a K1 Visa?

TracyTN,

This may not be a satisfactory answer, but recognize that a K1 who marries after the 90-day period and applies to adjust status is not applying for adjustment as a K1. They are applying on the same basis as any other non-K1 non-immigrant who is present in the USA (having entered with inspection), marries, and wants to adjust.

Yodrak


Yep, I completely understand that. I've honestly never found a satisfactory answer to the question.

I think that the 90 day K1 stipulation is, frankly, silly and superfluous, since it can be 'overcome' by filing a I 130 and the
I 485 concurrently. The only 'downside' to that is what you pointed out - and I have yet to see a case where that fact has become an issue at the AOS interview.

Sorry to hijack the thread. :blush: I'm sure I can gripe about this somewhere else. :lol:
TracyTNFemaleUnited Kingdom2007-08-08 11:58:00