ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Case Filing and Progress ReportsFebruary 09 - VSC
QUOTE (USCIS)
*** DO NOT RESPOND TO THIS E-MAIL ***

The last processing action taken on your case

Receipt Number: EACXXXXXXXXXX

Application Type: I129F , PETITION FOR FIANCE(E)

Current Status: Approval notice sent.

On July 29, 2009, we mailed you a notice that we have approved this I129F PETITION FOR FIANCE(E). Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.


Sincerely,


The U.S. Citizenship and Immigration Services (USCIS)

And only three weeks after we got the notice from the NVC that they'd received the approved petition already. As they say, USCIS works in mysterious ways. On to Montreal!

Edited by Spoom, 29 July 2009 - 09:57 AM.

SpoomMaleCanada2009-07-29 09:57:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsFebruary 09 - VSC
Maybe my NOA2 was lost in the shuffle of upgrades last week. Who knows?
SpoomMaleCanada2009-07-15 22:42:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsFebruary 09 - VSC
Oh USCIS, you're so incredibly slow. Your internet tracking application even still says that my case hasn't been updated since February 27.

What's that, State Department? You say you've already received an approved petition at the National Visa Center?

How odd... biggrin.gif
SpoomMaleCanada2009-07-13 16:21:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsFebruary 09 - VSC
Rarrr, where is our approval notice... NOA1 was 2/24... Grmbl grmbl...

Edited by Spoom, 02 July 2009 - 12:00 AM.

SpoomMaleCanada2009-07-01 23:56:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsFebruary 09 - VSC
Dunno, I'm seeing a few people saying they were approved when they got their NOA1 about four months ago... but then there are also people in that six month plus thread over yonder.

/me hopes he doesn't end up there smile.gif

My guess is that the timeline stats provide a good average. You might be able to get an even better idea by looking specifically at your country's timelines.
SpoomMaleCanada2009-02-27 02:09:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsFebruary 09 - VSC
W00t biggrin.gif
SpoomMaleCanada2009-02-26 11:27:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsFebruary 09 - VSC
Whoops, meant the 21st. Normally I'd edit my post rather than double-posting, but this forum seems to have that option completely disabled after a few minutes.

Edited by Spoom, 23 February 2009 - 07:43 PM.

SpoomMaleCanada2009-02-23 19:43:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsFebruary 09 - VSC
Hi folks,

We just sent in our I-129F package on Saturday (the 22nd). I'm really hoping they don't get slowed down too much because the plan is to have the wedding on January 23, 2010 smile.gif
SpoomMaleCanada2009-02-23 18:55:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsVisa Denial

Not sure if I mentioned but he got a paper that said 212 a5a . Which means Labor Certification. But we were told the relationship is not real. 2 different things.
Thanks for the article. I already read some of it last night but will read it again.

That's really odd... Labor certifications are only for work-related visas as I understand it.

(A) Labor certification.-

(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-

(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and

(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.

But your fiance is not "seeking to enter the United States for the purpose of performing skilled or unskilled labor"; the visa is for him to enter as a fiance to marry you. In fact, the K-1 doesn't automatically have work authorization, so they can't even argue that he was going to work as a side benefit of entry.

Can someone verify that I'm reading the laws correctly here?

Edited by Spoom, 01 March 2010 - 04:39 PM.

SpoomMaleCanada2010-03-01 16:37:00
K-1 Fiance(e) Visa Case Filing and Progress Reports6+ months waiting Club
I wonder if it's because of a similar name on the No Fly list?
SpoomMaleCanada2009-02-28 10:27:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsFebruary 09 - VSC, K-1 filings
So, anyone else dealing with an incredibly slow consulate here? Or are we Canadians just disliked? wink.gif
SpoomMaleCanada2009-10-13 01:59:00
Middle East and North AfricaDoes anyone know if you are denied if they. . .

Hi. I would greatly appreicate any help. If USCIS denys your I-129f application do they send you a letter? Or do they just let you sit in no where land, thinking that your application is still being processed and that is taking a long time. I am begining to wonder what is going on with our application. Any advice would be great.

Thank you.

No, they definitely send you a denial notice if your application is denied (though far more often, they'll send a Request For Evidence or RFE to get the information they're missing so they can complete your petition / application).

K-1s generally will go NOA1 to NOA2 without much in between, so it can seem like nothing's happening, but it's likely just sitting in its place in the queue.

Check with the estimates here and on the USCIS site; if you're beyond the estimate given by USCIS, you can contact them to inquire what's going on, or even involve your (or your petitioner's) Senator or Congressperson to push your application forward (many representatives have immigration departments ready to help you).
SpoomMaleCanada2010-03-17 16:23:00
K-1 Fiance(e) Visa Process & ProceduresI-129F to complete processing time?
QUOTE (ThaitoUSA @ Mar 7 2009, 02:02 PM) <{POST_SNAPBACK}>
Paperwork shall become your forte. The paperwork continues for at least the next 3 years. You have to file innumerable forms, fees, and facts about your present and past locations, employment and education.

If you wish to pay me to do it for you. I would do it for a small fee. One day I want to be a USCIS adjudicator to help speed along the process for those in love.

I wouldn't say "innumerable" forms. Everything you have to fill out and everything you should send with the forms is well documented in the K-1 Guide. All you'd be doing if you hired this person is giving your information to them, and they'd be copying it down.

(Also, is there a rule against advertising one's services in a thread like this?)
SpoomMaleCanada2009-03-07 14:06:00
K-1 Fiance(e) Visa Process & Procedureshow to cancel attorney and if ok to cancel when u r in noa2?
You should be able to call USCIS and revoke the attorney's representative privileges. I don't see why that would be a problem.
SpoomMaleCanada2009-03-12 16:11:00
K-1 Fiance(e) Visa Process & ProceduresArrrrg, resend?
I'm a little confused by the petitioner's bank here.

Does he not get check images for checks that are pulled from his account? Even if it is an EFT (the disclaimer for which has been on the form since at least February), in order to pull the funds they'd need a reason to create the EFT, and long story short, you should still have a check image. When your fiance logs into his bank (I assume he does online banking, where things such as check images are found), is there no check image with the transaction to remove the funds from the account?

I'd be pushing at your bank for this information first and foremost. I seriously doubt that someone was able to pull your petition from the mail and deposit the petitioner's money claiming that they were a DHS representative. That sounds like a really good way to get "disappeared".

More than likely it's a combination of two things: the USCIS doing what they always do and forgetting about the NOA1 in the mail room somewhere (as you can see in my signature, we got the letter from the State Department and had to call USCIS before we got the NOA2), and the bank not being able to furnish the check image for some reason.

I know back in the day I had to start an investigation about a check, and then eventually mailed me a photocopy of the check, both sides, with all stamps. So if I were you, I'd wait on your check investigation to finish, since you'll be able to see who cashed it and if it was cashed by USCIS (which I'm 90% certain it was), you'll get your EAC number.

Don't bother filing a new petition yet. If it turns out that someone did steal your funds, you'll have to do that, but you don't know yet.

Edited by Spoom, 12 August 2009 - 09:01 PM.

SpoomMaleCanada2009-08-12 20:59:00
K-1 Fiance(e) Visa Process & ProceduresHelp please! Is it possible to revalidate my petition or do I have to refile?
I think you'll have to file a new petition, but you could call or email the consulate for clarification.

Edited by Spoom, 12 August 2009 - 11:28 PM.

SpoomMaleCanada2009-08-12 23:28:00
K-1 Fiance(e) Visa Process & ProceduresK1 Beneficiary using passport
QUOTE (dutchmatt @ Aug 12 2009, 08:16 PM) <{POST_SNAPBACK}>
No it should be fine. The paper you file will state his country of birth and his current residence. You can only carry one PP at at time and he chose his birth country. Dont worry youre cool!

Not to nitpick, but that's technically untrue. You just have to make sure that you only ever present one passport per point of entry. Dual citizenship is completely possible in a lot of cases.
SpoomMaleCanada2009-08-12 21:09:00
K-1 Fiance(e) Visa Process & ProceduresDS-160: Re-do Form or Just Send Confirmation Page?
Hi folks,

I'm at the packet 3 stage with the Montreal consulate. I spent most of this afternoon finding information for and filling out the DS-160 form, and finally submitted it and attempted to print both the confirmation page and the form itself. However, I wasn't able to print the full form for whatever reason (my printer only printed a page of it). I did print the confirmation page three times and had it emailed to myself (which was not an option for the full form).

As my computer crashed shortly afterward, I don't still have the application up and I have no way of getting it back, since you can only save it locally (not with a username or password). So I'm left with just the confirmation page and barcode.

The letter in the packet 3 set telling me what to send in included these items:

QUOTE (Montreal Consulate)
Form DS-160 - one copy, available online at https://ceac.state.gov/genniv/

...

Confirmation receipt regarding Form DS-160 - one copy, available online at https://ceac.state.gov/genniv/

So here's my question. My information is now in their database, accessible by them scanning the barcode on my confirmation page. However, they state that I'm supposed to send in the full form as well, even though they can access it.

I can do one of two things:

- Just send the confirmation page and hope that they don't complain I didn't send in the whole form, or
- Re-do the form, and hope that they don't complain that I now have two non-immigrant visa applications in their database

What would you guys suggest?

Edited by Spoom, 20 August 2009 - 05:45 PM.

SpoomMaleCanada2009-08-20 17:45:00
K-1 Fiance(e) Visa Process & ProceduresRETURN TO SENDER
QUOTE (defs69 @ Aug 12 2009, 10:45 PM) <{POST_SNAPBACK}>
...HE WONDERS IF SHE STAYS OR IF SHE GOES AND THEY SEPARATE CAN HE FIND LOVE AGAIN IN THE FUTURE NEXT YEAR, 5YRS. WHENEVER,... WILL THE DHS GIVE HIM A PROBLEM IF THEY STAY HERE OR IS IT BEST IF THEY RETURN. WHAT ARE HIS OPTIONS BECAUSE HE SIGNED AFFITTAVIDS TO CARE FOR THEM. LET ME KNOW HE LOADS UP MY MESSAGES LOOKING FOR MY HELP OR AN EAR TO LISTEN. THANX

'He' (be honest, is this you?) signed an affidavit certifying that she would not become a public charge, and that he would repay any support given that was not exempted (by, for example, the Food Stamps Act). Likely this will not become an issue if the person leaves the country or is unable to find reason to stay. However, if the person does stay and later becomes a public charge, the petitioner would be liable. It is a contract, after all.

A few things, though. First, please post messages using standard punctuation. Posting messages in ALL CAPS makes them much more difficult to read, and you're more likely to get a helpful response from a site like this if you post a readable question.

Second, while I'm not supposed to judge, the petitioner has no right to "send her back". What she does is up to her. The only thing the petitioner can do is stop supporting her and cease supporting her adjustment of status; that said, as you mentioned, there is an affidavit of support in play. She could find a way to stay in the United States by being granted a waiver on the marriage requirement to adjust status; that said, such a waiver on a K-1 is exceptionally rare as I understand it. I just don't like the tone of the OP here. The alien fiancee is not "goods to be shipped back". She is a human being. 'He' does not own her.

Edited by Spoom, 12 August 2009 - 11:40 PM.

SpoomMaleCanada2009-08-12 23:39:00
K-1 Fiance(e) Visa Process & ProceduresDS-160 Online Application Will Not Print From Firefox
Hi folks,

I noticed someone else over in the Canada forum mentioning the same problem that I had with the new DS-160 GenNIV application: namely, that it won't print from Firefox.

My experience (and apparently also this person's) has been that the confirmation page will print, but attempting to print the full application will print out half of your answers, with the rest cut off at the bottom, and then a blank page. There should generally be five pages in the printout. Some consulates (like Montreal) want the full application as well as the confirmation page, so this presents a bit of a problem.

Are other people experiencing this problem as well? If so, we might want to make this a sticky.

Do any other browsers work?

For now, I can only recommend that anyone needing to fill out the new DS-160 online application do it from Internet Explorer. If you've already filled it out part of the way from Firefox, you can save your current data to a file on your hard drive, and then restore the application from that file inside Internet Explorer.

Unfortunately, if you've fully filled out the application in Firefox, you'll most likely have to do it over again in Internet Explorer to be able to print, unless you have an earlier data save (the application doesn't let you save once you're at the last page, and you can't go back). An agent at the Montreal 1-900 live operator line told me that multiple submissions shouldn't be a problem (they'll only scan one barcode, after all), but you might want to include a note with an explanation.

Edited by Spoom, 04 September 2009 - 02:48 AM.

SpoomMaleCanada2009-09-04 02:44:00
K-1 Fiance(e) Visa Process & ProceduresI-129F got delayed at NVC
Administrative review at the NVC likely means their name matched one on a government checklist, so they're having to make sure it's not the same person.
SpoomMaleCanada2009-09-04 02:51:00
K-1 Fiance(e) Visa Process & ProceduresI-131: Can an AP be issued for a K-1 holder?
QUOTE (USCIS)
B. Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.

However, upon return to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.

From the instructions for the I-131. Bold added.

K-1 holders are only eligible for their visa if they are unmarried. However, if they are applying for permanent residence, clearly they are now married. That makes them ineligible for their previous K-1. Doesn't that make the advance parole document ineffective?

Also, can you get an AP to simply visit your folks for Christmas, or does it need to be a life or death emergency?

Edit: Never mind, I missed the section saying that that part of the instructions were only for K-3 holders etc. who don't need an AP to get back in. Mods can delete this thread if they wish.

Edited by Spoom, 06 October 2009 - 04:23 PM.

SpoomMaleCanada2009-10-06 16:20:00
K-1 Fiance(e) Visa Process & ProceduresTotal Frustration
QUOTE (Myo @ Oct 6 2009, 06:25 AM) <{POST_SNAPBACK}>
I'm not going to just sit here and let a few ignorant people criticize my fiance.

Hopefully this comment was not aimed at me, since I made no such criticism. I was simply saying that the Consulates are very specific and often misleading. If anything, I wasn't blaming you or your husband, I was blaming the Consulates.
SpoomMaleCanada2009-10-06 16:31:00
K-1 Fiance(e) Visa Process & ProceduresTotal Frustration
Bend over and take it. Research shows that inquiries will just delay things further (because if they can tell you to just go away, they will). Just try to have what they ask when they ask, it's all you can do.
SpoomMaleCanada2009-10-06 01:17:00
K-1 Fiance(e) Visa Process & ProceduresIntent To Marry? For K1 Peition?
Yep, only the beneficiary (the one moving to the US) needs the medical exam.

By the way, visit the Canada regional forum, we're real nice folk. :)

Edited by Spoom, 23 February 2010 - 05:36 PM.

SpoomMaleCanada2010-02-23 17:32:00
K-1 Fiance(e) Visa Process & ProceduresIntent To Marry? For K1 Peition?

Yeah you are right, I'm in California and he's in Edmonton. So only he needs to interview right? Do I need to go to any interview? So I guess I will be sending him the packet of stuff I prepare to send to the USCIS too? :huh:

Okay so basically after the stuff approves he needs to go Calgary (US embassy) to get medical exam , and then he flies to Vancouver for interview ? :oo: And I just sit back and relax at home and wait for the results? - The poor dude :whistle: :lol:

You don't have to go to his K-1 interview, but it's generally a good thing for the US fiance(e) to be there as well. It shows a commitment that you're willing to fly there. That said, people are successful all the time with just the beneficiary present.

Make at least two copies of your entire petition. It's just good sense, since you never know when you'll get an RFE (request for evidence) or need to show originals. The USCIS has even been known to lose parts of a petition and require you to resend them.

The medical exam is done by any USCIS certified Panel Physician [PDF], not by an Embassy or Consulate. You'll need to schedule it with one of those doctors directly when needed. You only need the medical once you've received Packet 3 (i.e. a request for additional forms once your petition makes it to the consulate); don't worry about it for now.
SpoomMaleCanada2010-02-23 17:24:00
K-1 Fiance(e) Visa Process & Proceduresmedical exam causes of failure
You can get the actual form the Civil Surgeon fills out from USCIS (I-693). If you check the instructions you'll see for what they actually test.

Edited by Spoom, 25 February 2010 - 11:45 AM.

SpoomMaleCanada2010-02-25 11:42:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS CASHED MY CHECK FOR K-1 VISA
The filing fee is a non-refundable processing fee. It's what you pay to get them to look at your application. You don't get a refund whether it's denied or approved.
SpoomMaleCanada2010-05-07 00:08:00
K-1 Fiance(e) Visa Process & ProceduresHow To: get my filipina's visa approved, already been denied once
What is your ultimate goal here? To live in Japan, or to live in the United States? It's not entirely clear, and without that information we can't help. Please advise.

If you want to get married and live in the United States, we need to know why the K-1 was denied. I very much doubt they simply verbally told your fiancee she failed her interview without giving her some documentation; make very sure there were no papers handed to her before she left the Consulate. If she indeed did not receive any denial paperwork, file a FOIA request as suggested above. The documentation has to be somewhere, and that documentation contains the reasons for denial that you need to address.

If you want to get married in Japan and move to the US, you can't go the K-1 route since after you're married, you'll no longer be fiancees, you'll be spouses, and thus you will be ineligible to obtain or use the K-1 visa. You'll need to get a CR-1 immigrant visa in that case. I'm not sure if Japan has restrictions on getting married in their country, you'll have to investigate (though as long as you're not staying, you may be able to get married on a Japanese visitor's visa).

If you want to remain in Japan and bring her there, you shouldn't be talking to USCIS, you should be talking to the Immigration Bureau of Japan, though if you're not already a permanent resident or citizen of Japan, you may not be eligible to petition for your wife to live in Japan. Since this forum is concerned with immigration to the United States, we likely won't be much help if this is your intention.
SpoomMaleCanada2010-05-12 12:42:00
K-1 Fiance(e) Visa Process & ProceduresK1-Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?
Personally, I would check Yes and attach a letter fully explaining (honestly, the IO will probably treat it as if it were a no, given the circumstances), but I agree that legally speaking you should be able to check No and make a coherent argument as to why if necessary.
SpoomMaleCanada2011-06-16 14:55:00
Canadaenvelope size
If you can't find it at one post office, look in another. It's the largest prepaid envelope they carry, I believe. We found it at the first one we looked at, in a Pharmaprix.

There are a few post offices in Montreal open on Sunday, but just be sure to get the envelope before they close.

Edited by Spoom, 08 November 2009 - 02:19 PM.

SpoomMaleCanada2009-11-08 14:19:00
Canadawaiting for visa
Oooh, mysterious "do not open" package and oddly colourful visa.

*goes to scan because he's paranoid like that*
SpoomMaleCanada2009-11-18 11:52:00
Canadawaiting for visa
Yeah, this pretty much confirms our suspicions that they're batching them out on Mondays.
SpoomMaleCanada2009-11-16 21:39:00
Canadawaiting for visa
November 9th people: Check Canada Post, mine was shipped out today smile.gif
SpoomMaleCanada2009-11-16 21:18:00
CanadaGood Luck on Friday the 13th!
Good luck guys, I wish I could've met you all (though, y'know, not at the cost of having an earlier interview sleep.gif).
SpoomMaleCanada2009-11-12 22:14:00
CanadaGood Luck on Friday the 13th!
Good luck guys, I'm sure your interviews will be approved in no time smile.gif
SpoomMaleCanada2009-11-12 07:57:00
CanadaPOE Day!!
Wyatt's Torch: Sent PM reply. smile.gif

They're supposed to train these people, y'know? I mean, I know he was only a front-line officer, but he should know what a K-1 is (or at least know what "I'm activating an immigrant visa" means).

Can you imagine if we were one of those "attorney-supported" couples that knew nothing about the process, and gotten married on the idea that they'd be fine to adjust status afterward? We would have been totally and utterly screwed just on the advice of that one officer!

But I'm happy to be here; once we were in secondary everything was smooth. On to the wedding! smile.gif

Edited by Spoom, 22 November 2009 - 08:44 PM.

SpoomMaleCanada2009-11-22 20:43:00
CanadaMontreal November Interviews
QUOTE (Rhiann @ Nov 3 2009, 12:42 PM) <{POST_SNAPBACK}>
I love how this police certificate is a single piece of paper saying I don't have a record laughing.gif

Yeah, mine one piece too. Half is the form I filled out, the other half is a set of checkboxes saying I don't have a London record, and I don't have an RCMP record, signed and sealed.

I kind of expected the results to be a separate piece of paper as well, but it's all good smile.gif
SpoomMaleCanada2009-11-03 13:14:00
CanadaMontreal November Interviews
QUOTE (Arabella @ Nov 2 2009, 08:27 PM) <{POST_SNAPBACK}>
Are you the Canadian? They don't care about your income, only the USC's.

Awesome, that's what I thought. Thanks. smile.gif

Edit: And for reference, yes, I am the Canadian.

Edited by Spoom, 02 November 2009 - 08:37 PM.

SpoomMaleCanada2009-11-02 20:36:00
CanadaMontreal November Interviews
QUOTE (Peachey @ Nov 2 2009, 01:28 PM) <{POST_SNAPBACK}>
K1's don't need proof of domicile from my understanding. it's only CR1/IR1s that are doing direct consular filing.

Ah, OK. I was wondering about that. All these "universal" instructions sent from the consulate were confusing me, I guess.

Quick question: If I haven't made above the poverty limit for two people over the last year (mostly due to being a student for part of it and being in the US a lot of the other part), the affidavit of support from my fiancee should cover me, right? So the "proof of support" stuff isn't strictly necessary as long as you have the affidavit and proof of *their* support?

Edited by Spoom, 02 November 2009 - 07:43 PM.

SpoomMaleCanada2009-11-02 19:38:00