ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresPrevious Denials

don't plan on them reading chats and im......


Um, sorry for threadjacking, but how about itemized phone bills for text messaging? Basically, I have an itemized bill from T-Mobile listing the date/time, the source phone number, the destination phone number, the number of message units, and the cost. (I need to find a cheaper way to text international!).
bszoom42FemaleIndia2007-05-22 17:34:00
K-1 Fiance(e) Visa Process & ProceduresHow long is it taking CSC to mail NOA2 to NVC?

How long is it taking CSC to mail NOA2 to NVC?
When I call the NVC the message says that all reps are busy and disconnects.

(still patiently trying to cancell our petition)

Thanks


If you are trying to cancel your petition, I think you should be able to send them a letter in writing referencing your case/receipt numbers; and list the reason you want it cancelled. Make sure you sign the letter.
bszoom42FemaleIndia2007-05-23 20:55:00
K-1 Fiance(e) Visa Process & ProceduresSlip up on I-94 US Permit record
Assuming he did leave the country without properly checking out, shouldn't he be able to visit the local US Embassy/Consulate and demonstrate that he has left the country?

Perhaps they can help with that paperwork?
bszoom42FemaleIndia2007-05-23 14:49:00
K-1 Fiance(e) Visa Process & ProceduresFiancee name is different on Birth Certificate

bszoom42, are you going through Mumbai consulate? My fiancee & I are from Mumbai.


Best of luck to you! I wish I was going through Mumbai, I think they are more friendly to Immigrant Visa applicants. I am going through New Delhi, once I reach that stage.
bszoom42FemaleIndia2007-06-06 17:10:00
K-1 Fiance(e) Visa Process & ProceduresFiancee name is different on Birth Certificate
I would provide it anyways. It shouldn't hurt your application, and can possibly deflect an RFE.
bszoom42FemaleIndia2007-06-06 10:35:00
K-1 Fiance(e) Visa Process & ProceduresHelp! Package Rejected 2nd Time for Incorrect Reason (Check)
These are just some questions I can think of that may help you. Please don't mind that some of these are obvious, but please do take a look at your returned check and see if any of these apply to you.

1. What did you specifically put in the Payable To line? Perhaps they did not like how the check was addresses to.

2. What did you put on the amount line?

3. What did you put on the amount box?

4. Did you sign your check, and is your signature legible and in ink?

5. Did you put the correct date on the check, in MM-DD-YYYY format or long format Month DD, Year?

6. Is this a brand new checkbook? (perhaps there is a typo on the routing/account numbers on the bottom), I work at a print shop, and I have seen that happen.

7. Are there any security features on the check that you can't seem to replicate? For example, missing watermark...

8. Did you print legibly and in block letters? Perhaps they don't like your handwriting.

Good luck!
bszoom42FemaleIndia2007-06-11 07:50:00
K-1 Fiance(e) Visa Process & Proceduresre-filing K1
Yes, you should provide the answers to those questions truthfully, and attach extra sheets to explain if required. Definitely provide your fiance's alien number and social security number, and if he has none, write none. Why did your fiance leave early prior to marriage? You might want to detail those reasons as an attachment to your application.

I wouldn't worry, since you got through the first time, the second time through should be even easier. Best of luck!
bszoom42FemaleIndia2007-06-05 00:35:00
K-1 Fiance(e) Visa Process & ProceduresCatch-22?

Point of clarification: Signing the G-325A on behalf of one's fiance(e) may be fraud, but it isn't visa fraud. Fraudulent use of a visa is not involved here.


Yodrak, thats very interesting. So if I understand you correctly, committing fraud in the process for petitioning for a visa is not visa fraud? I would have thought that fraud on a petition for a visa would fall under 18 USC 1001 False Statements or Entries Generally, which is commonly used for prosecuting visa fraud.

(That's USC TITLE 18 > PART I > CHAPTER 47 > § 1001 - Statements or entries generally)

Edited by bszoom42, 07 June 2007 - 10:17 AM.

bszoom42FemaleIndia2007-06-07 10:15:00
K-1 Fiance(e) Visa Process & ProceduresCatch-22?
For #1, put down that she is deceased. If they generate an RFE for you on that, you can then get a report from Moscow saying her death is not registered yet, although, I don't think you would get a RFE for that.

For #2, I would advise you to file with the original signature of the spouse, as is required by the from instructions. Anything less can be construed as visa fraud, which is a very serious offense, and while some people may avoid getting caught, the penalties are very harsh should you be caught.

Edited by bszoom42, 06 June 2007 - 09:54 AM.

bszoom42FemaleIndia2007-06-06 09:50:00
K-1 Fiance(e) Visa Process & ProceduresEntering US from country other than K-1 issued country

I hope someone can answer this question for me"

My finance has her K-1 inteview in Rio de Janeiro at the end of this month. She would like to go to Europe for a week after getting her visa and then come to the US from Europe directly. Is there any problem for a K-1 visa holder to enter the US from a country other than where the K-1 via was issued?


Why would you think it would be a problem? The USA does not control/restrict the international travel priveleges of people.......


Europe probably isn't one of the areas the US cares much about, but I heard there are some countries that if you come from them it makes your POE really difficult. I don't know what countries for sure, but I would guess countries like North Korea and Iran.

Anyway, hope your fiancee has a great time touring europe!
bszoom42FemaleIndia2007-06-18 11:23:00
K-1 Fiance(e) Visa Process & ProceduresCanadian to marry US citizen

A lawyer over here advised me that doing the paper work just takes time and I should just get married then do the paper work


I would go with what your lawyer says. Lawyer's job is to advise; our job is just to share information and our experiences.

Best of luck!
bszoom42FemaleIndia2007-06-19 13:13:00
K-1 Fiance(e) Visa Process & ProceduresShe has to go back, should we marry first - K1

she may have to go back immeadiately to tend to things.


Can you go in her place? As a US Citizen, you can come and go without impacting the process.
bszoom42FemaleIndia2007-06-19 15:43:00
K-1 Fiance(e) Visa Process & ProceduresFiance Visa for canadian fiance
Hmm, my take on this is if I am paying an immigration lawyer (check that you have a good immigration lawyer that is in good status with their state bar) for advice, then I am relying on their expertise to understand and interpret the complicated issues of immigration law. I would correspond with the lawyer in writing (snail mail) and explain my situation, and ask for his paid opinion in writing; and then do what he says, because I am paying him for just that.
bszoom42FemaleIndia2007-06-21 11:03:00
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.


The validity date in this context is the validity of the I-129F petition. The consular official has the ability to extend the period of validity if they want to.
bszoom42FemaleIndia2007-06-21 12:43:00
K-1 Fiance(e) Visa Process & ProceduresI suspect RFE
I don't think you're that far off from receiving a NOA2. You can definitely call USCIS using the RFE trick to see if you do have an RFE, but here is a list of people who received their NOA2s from VSC in June.
Name     Visa   Country     NOA1    NOA2 Carmi & Lonnie    K1  Philippines    04/11/07   06/22/07 Steph & Joe    K3  India    11/02/06   06/21/07 Chinenye & Amadi  K1  Nigeria     05/03/07   06/21/07 Pri & Ran   K3  India    04/18/07   06/15/07 Ayodeji & Kia Smith  K3  Nigeria     12/14/06   06/12/07 M & S    K1  Estonia     03/16/07   06/11/07 Dawn & Aaron   K3  United Kingdom 02/05/07   06/04/07 Elena & David  K1  Russia   03/13/07   06/04/07 S & V    K3  India    03/22/07   06/01/07
Hopefully you will get yours in the next couple of weeks.
bszoom42FemaleIndia2007-06-24 20:54:00
K-1 Fiance(e) Visa Process & ProceduresIt has arrived
:dance: Congratulations! :dance:

I don't think its that uncommon to be granted a validity of less then 6 months. In India, I have heard of a bunch of people getting K-1 Visa that only got 3 month vailidity.
bszoom42FemaleIndia2007-06-25 13:11:00
K-1 Fiance(e) Visa Process & Proceduresan anyone find I-134 that has not expired?
Check out the Immigration Forms page on www.uscis.gov.

http://www.uscis.gov...00045f3d6a1RCRD

I-134 Edition: 2/28/07. Versions 12/04/06, 7/14/06 and 6/17/06 are also acceptable.


You will see what the most current version of a document is, and which versions are acceptable.
bszoom42FemaleIndia2007-06-25 15:36:00
K-1 Fiance(e) Visa Process & ProceduresMinnesota Birth Certificate
I wasn't sure if NY has the long form or short form either, so I sent in whatever form I had (front and back), along with a copy of each and every page of my current US passport (including the cover). I haven't been approved just yet, so I hope that is sufficient.
bszoom42FemaleIndia2007-06-25 15:30:00
K-1 Fiance(e) Visa Process & ProceduresI wonder if this could be delaying our K1 NOA2?
They first said they would be in trouble because of the unprecedented levels of receipting on 5/11, and expected VSC to be in compliance by 6/2.
http://www.uscis.gov...eipts051107.pdf

Then, on 6/8, they revised the date for VSC to be in compliance to 6/22.
http://www.uscis.gov...Times060807.pdf

Then, on 6/22, they revised the date for VSC to be in compliance to 7/13.
http://www.uscis.gov...Times062207.pdf

Then, on 7/6, they revised the date for VSC to be in compliance to 7/27.
http://www.uscis.gov...imes06Jul07.pdf

stay tuned...
bszoom42FemaleIndia2007-07-07 22:56:00
K-1 Fiance(e) Visa Process & ProceduresI wonder if this could be delaying our K1 NOA2?
Hang in there... VSC will still be catching up to its receipting through 7/27.
http://www.uscis.gov...imes06Jul07.pdf
bszoom42FemaleIndia2007-07-07 22:45:00
K-1 Fiance(e) Visa Process & ProceduresI-134 question ?

If you qualify as sponsor based on income alone, you can simply leave blank all portions of the I-134 that deal with assets. If you need to use your assets to qualify, then don't declare any assets you can't support with documentation.


This is really sound advice! :thumbs:
bszoom42FemaleIndia2007-07-08 10:03:00
K-1 Fiance(e) Visa Process & ProceduresG-325a - foreign fiance(e) signature no longer required?
Yeah, it is dated from 2005, but they are plenty of earlier memos that USCIS follows.

I have not seen a memo rescinding or changing this since, and my next step was to check the adjudicator's field manual to see if I can gain any insight from that.

Anyone else have any experience with this?
bszoom42FemaleIndia2007-07-08 10:06:00
K-1 Fiance(e) Visa Process & ProceduresG-325a - foreign fiance(e) signature no longer required?
I came across this memo: http://149.101.23.2/...325A_110105.pdf.

To: SERVICE CENTER DIRECTORS

From: Michael Aytes /S/
Acting Associate Director for Operations
United States Citizenship and Immigration Services
Department of Homeland Security

Date: November 1, 2005

Re: Guidance for Processing Pending Form I-129F Petition for Alien Fiancé(e) when
G-325A for Petitioner and/or Beneficiary is not Signed and/or Photos not Submitted.

Purpose
To provide field offices with guidance on processing Form I-129F petitions when the accompanying G-325A is missing signatures and/or photographs.
A properly executed Form G-325A is required for all I-129F petitions. Previously it was standard practice to issue an RFE when the beneficiary failed to sign the G-325A and/or failed to submit photographs. From the date of this memorandum, an RFE should not be issued in instances where the beneficiary failed to sign the G-325A and/or failed to include photographs provided that the beneficiary is residing abroad. The beneficiary will be required to sign the Form G-325A and/or submit photographs at the time of visa issuance abroad. It is also not necessary to RFE for the petitioner’s signature on the G-325A, if the petitioner failed to sign it. The signature of the petitioner on the Form I-129F should be deemed sufficient for purposes of adjudicating the petition. Finally, it is important to note that the petitioner’s photograph is still required for the adjudication of the I-129F, so if it is missing, it must be requested prior to adjudication.

Questions regarding this memorandum may be directed through appropriate channels to Mica Pilz of Service Center Operations.


bszoom42FemaleIndia2007-07-08 01:48:00
K-1 Fiance(e) Visa Process & ProceduresHELP! as k1 can i work in the US??
Please, I'm no legend. Many members before me have posted the very same things, and I have learned from them.

Based on how the law is written, you can legally work upon entry as a K-1. However, most employers will want to see evidence of your work eligibility and a SS# to employ you.

Its kind of like getting alcohol in the United States. If you are 21 years old, you are legally entitled to drink alcohol, but if you have no evidence that you are 21 (like a drivers license) then a bartender is allowed to refuse you alcohol...
bszoom42FemaleIndia2007-07-08 09:58:00
K-1 Fiance(e) Visa Process & ProceduresHELP! as k1 can i work in the US??
Lizzy, you are not correct.

A K-1 visa holder is granted the ablity to legally work as 8 CFR 274a.12(a) states that all aliens listed under 274a.12(a) are “employment authorized incident to status” and that they are “authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes.”

The application for EAD is simply to provide proof of that eligibility to work.

Having the legal ability to work; and having documents evidencing such proof are two seperate things.

See the USCIS website for more info:
http://www.uscis.gov...00045f3d6a1RCRD

Other aliens who are authorized to work in the United States without restrictions should also used this form to apply for a document evidencing such authorization.


USCIS' memo covers how they interpret this section of the CFR: (simply replace Asylee with Fiance(e) as the same benefit is granted by 8CFR274a.12(a) at (a)(6).
http://www.asylumlaw...D_BCIS_memo.pdf


So yes, john112 - you can legally work. However, if anyone requires evidence of your eligibility to work, then you have to file I-765 to request evidence that evidence.
bszoom42FemaleIndia2007-07-08 09:21:00
K-1 Fiance(e) Visa Process & ProceduresI-129F Approved but online status was never updated
:dance: comgratulations :dance:
bszoom42FemaleIndia2007-07-08 09:46:00
K-1 Fiance(e) Visa Process & ProceduresLetter of intent to marry to be notarized?
We had everything notarized; her letter of intent; my letter of intent; and the statement of how we met was signed by both of us and notarized as well. The interesting thing there is that the statement by the notary public that he had witnessed both of our signatures together before he notarized it is probably another proof of having met within the last two years, since it was duly signed and dated.

Granted, none of that was required, but we figured that it wouldn't hurt us to send it notarized, especially since India is a country where paperwork is less pristine then in the United States.
bszoom42FemaleIndia2007-07-08 14:19:00
K-1 Fiance(e) Visa Process & ProceduresIncome questions.
Assuming you are talking about the I-134 you will need to provide to the embassy later on in the process, yes, you will need to file your entire tax form or present them with a tax transcript.

I believe the US Phillipines Embassy requires 3 years of tax returns, but I am not sure. You will get better answers by posting on the regional forum.

Assuming 3 years are required, yes, you should look to see what else you can bolster your income by to demonstrate you have been above the poverty level for 2 people by 125%. I don't think the US Phillipines Embassy allows co-sponsors for I-129F.

Best of luck!
bszoom42FemaleIndia2007-07-08 15:26:00
K-1 Fiance(e) Visa Process & Proceduresk-1 intitial fee
If you postmark your application before July 30th, then it is USD 170. After that, it is USD 455.

Personal check drawn of of a US Bank is probably the best way to pay, so you can track when it was cashed. Also, I wouldn't want to file near July 30th, because USCIS has been known to poorly implement changes in the past. You application might be rejected due to incorrect filing fees.
bszoom42FemaleIndia2007-07-08 15:19:00
K-1 Fiance(e) Visa Process & ProceduresCanadian seeks K1 while remaining in the US (Is is possible?)

As I recall, the other Canadian drove across the boarder so had no passport stamp or I-94. Flying should produce a passport stamp but sometimes not. At least the round trip plane ticket and boarding passes will show legal entry and intent to return.


The company I work for has an office in Canada, so both my Canadians colleagues and myself do quite a bit of travelling via plane between the two countries. We have found that often, the border patrol does not stamp our passports (Canadian and US alike). Before, I didn't care and used to let it slide. Now, since I know much more about this thanks to VJ.com, I make it a common practice to request a stamp if they did not stamp my passport, and I also check to make sure the stamp is legible before I leave their presence.

Although sometimes I get responses from the Border Patrol like - "You don't need a stamp, you're a US Citizen" or "I typically don't bother stamping frequent travellers because you'll just need to get a new passport sooner" ; I stick to it, because I know this is the only proof that I have that I did legally enter and exit both countries; in case I ever need to proof later on.
bszoom42FemaleIndia2007-07-08 12:14:00
K-1 Fiance(e) Visa Process & ProceduresProof of having met in person w/in the last 2 yrs
I printed out 16 photos. Each photo was on its own page, and had a writeup underneath listing all the people in the photo (kind of like a yearbook photo), the time and date of the photo, and the location of the photo.

I know some people who got approved just sending 1.
bszoom42FemaleIndia2007-07-09 22:32:00
K-1 Fiance(e) Visa Process & ProceduresFee Changes inviting illegal immigration?
I doubt anyone on this board will advise you to do anything that may be illegal.

As long as she came on the B2 visa without the intent to get married, and you guys decide to get married now, that should be fine then for you to get married and file AOS.

As for getting married and filing before the filing fee increase, I see that as sound financial planning to ensure the financial security of you and your future wife.

As for sparking increased illegal immigration, I always felt there are two kinds of people. People who take the legal paths, and people who take the illegal paths. As for myself, no matter how tempting it is for me in terms of saving money and time to take the illegal paths, I refuse to do it. I don't think that the increase in fees will cause people to change paths... I feel that you are either the type of person that does it right, or the type of person that doesn't care and does it anyway that works.

Best of luck!
bszoom42FemaleIndia2007-07-08 14:26:00
K-1 Fiance(e) Visa Process & ProceduresCriminal Record

I advise you to obtain the police report and get the Notarial translation made before you fill out the visa application. It will be a good reference for correctly and honestly filling out the applications. It is unlikely you will be able to conceal anything on the applications from your fiance.


I agree 100%. If I were you, I would first tell your fiance, because its better for them to find out through you, then from reading it on a form.
bszoom42FemaleIndia2007-07-25 12:12:00
K-1 Fiance(e) Visa Process & ProceduresG325A
Your question is formatted as one big paragraph and my brain hurts every time I try to read it. Better formatting makes it easier for stupid people like myself to answer questions.

Anyway, I will try to answer your questions.

1. You are the Applicant for your form; Your fiancee is the applicant for her form.

2. Husband or Wife refers to the Applicant, not the Applicant's parents.

3. Former husbands and Wives refers to the Applicant, not the Applicant's parents.

4. Translations have to be certfied by a competent translator. http://www.uscis.gov...7fd6aa84543c5af

§ 1003.33 Translation of documents.

Any foreign language document offered by a party in a proceeding shall be accompanied by an English language translation and a certification signed by the translator that must be printed legibly or typed. Such certification must include a statement that the translator is competent to translate the document, and that the translation is true and accurate to the best of the translator's abilities.


5. You need to provide evidence of meeting within the last two years, so bills with both your names on it will help. Photos are good secondary evidence too; make sure you have enough primary evidence.

Best of luck!
bszoom42FemaleIndia2007-08-04 15:25:00
K-1 Fiance(e) Visa Process & ProceduresI-129F Section C - Child Abuse Question
After reading Yodrak's post, I like his answer as well over mine.

If you answer NO, and USCIS thinks you should have answered YES - thats a big problem.

If you answer YES and USCIS thinks you should have answered NO - thats a problem you can explain up front.
bszoom42FemaleIndia2007-08-10 16:25:00
K-1 Fiance(e) Visa Process & ProceduresI-129F Section C - Child Abuse Question

Have you ever been convicted by a court of law (civil or criminal) or court martialed by a military tribunal for any of the following crimes:
* Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse or stalking. (Please refer to page 3 ofthe instructions for the full definition of the term "domestic violence.)
* Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage,holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment oran attempt to commit any of these crimes, or
* Three or more convictions for crimes relating to a controlled substance or alcohol not arising from a single act.

I am no lawyer, but my advice would be to read the question and answer the question that is asked.
If you have NOT been convicted by a court of law (civil or criminal) AND you have NOT been court martialed by a military tribunal for those crimes; then you can answer NO.

I can't resist, I do have to add that saying that you are a lawyer while asking this simple question, and swearing that it is not you sounds awfully suspicious to me...
Regardless of whom the person is, if the petitioner has been convicted of these crimes or court martialled for these crimes, then answer yes.

Above all, answer honestly.
bszoom42FemaleIndia2007-08-10 15:43:00
K-1 Fiance(e) Visa Process & ProceduresPossible or not?

C. If either of you is of an age that requires special consent or permission for you to marry in the jurisdiction where your marriage will occur, give proof of that consent or permission; and

http://www.uscis.gov...I-129Finstr.pdf

I don't know about UK law, but if it is possible to legally marry under the normal age with parents consent, then you should be good to file once you have proof of that consent available.

Hmm... now that I think about it - it might be US law, not UK law that prevails - so find out the rules for the specific State you plan to get married in.
bszoom42FemaleIndia2007-08-10 22:54:00
K-1 Fiance(e) Visa Process & ProceduresUse the first name?
Why do you think that?
bszoom42FemaleIndia2007-08-10 14:29:00
K-1 Fiance(e) Visa Process & ProceduresBulky I-129F Submittal

Less is more. Evidence of ongoing relationship is not required with an I-129F submission. You'll need that at the interview. A few pages will be fine.

This is good advice! :thumbs:
bszoom42FemaleIndia2007-08-10 13:06:00
K-1 Fiance(e) Visa Process & ProceduresPregnant Fiancee
Thanks! I missed the "OR"s, thats why I was confused.
bszoom42FemaleIndia2007-08-10 14:02:00