ForumTitleContentMemberSexCountryDate/Time
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
K-1 Fiance(e) Visa Process & ProceduresPregnant Fiancee

the child is legitimated under local law


What does "legitimated" mean in this scenario? Here is a listing of definitions from http://www.thefreedi...com/Legitimated

1. Being in compliance with the law; lawful: a legitimate business.
2. Being in accordance with established or accepted patterns and standards: legitimate advertising practices.
3. Based on logical reasoning; reasonable: a legitimate solution to the problem.
4. Authentic; genuine: a legitimate complaint.
5. Born of legally married parents: legitimate issue.
6. Of, relating to, or ruling by hereditary right: a legitimate monarch.
7. Of or relating to drama of high professional quality that excludes burlesque, vaudeville, and some forms of musical comedy: the legitimate theater.


If it means #5, then does that invalidate the K-1 process if proven true?

Edited by bszoom42, 08 August 2007 - 08:17 PM.

bszoom42FemaleIndia2007-08-08 20:14:00
K-1 Fiance(e) Visa Process & ProceduresNeed some advice
And as a side note, I found out that the INA listed on USCIS website is not listed as amended, you need to refer to those amendments seperately.

Here is the pertinent amended code from the electronic Code of Federal Regulations
http://ecfr.gpoacces...-...1.2&idno=22

§ 40.202 Certain former exchange visitors.
An alien who was admitted into the United States as an exchange visitor, or who acquired such status after admission, and who is within the purview of INA 212(e) as amended by the Act of April 7, 1970, (84 Stat. 116) and by the Act of October 12, 1976, (90 Stat. 2301), is not eligible to apply for or receive an immigrant visa or a nonimmigrant visa under INA 101(a)(15) (H), (K), or (L), notwithstanding the approval of a petition on the alien's behalf, unless:

(a) It has been established that the alien has resided and has been physically present in the country of the alien's nationality or last residence for an aggregate of at least 2 years following the termination of the alien's exchange visitor status as required by INA 212(e), or

(B) The foreign residence requirement of INA 212(e) has been waived by the Secretary of Homeland Security in the alien's behalf.


Now its clear to see that the K visa is subject to INA 212(e)!

Edited by bszoom42, 13 August 2007 - 01:50 AM.

bszoom42FemaleIndia2007-08-13 01:49:00
K-1 Fiance(e) Visa Process & ProceduresNeed some advice
Ok, I found out where I missed the reference:

http://travel.state....grams_1437.html

N8 Former Exchange Visitor and INA 212(e)

Before a K visa may be issued to an applicant who is a former exchange visitor and subject to the provisions of INA 212(e) the applicant must establish that the requirements of INA 212(e) have been fulfilled or that a waiver has been obtained. [See 22 CFR 40.202(b) and Sec. 40.202 Notes.]


So definitely, it applies to you. You need to find out if you are eligible for a DS-3035 waiver (http://travel.state..../info_1288.html).

If you are, you will need the waiver before your fiancee can get the K-1 Visa, or you would need to wait out the residency period.

As to whether you can file your petition before you have the waiver, that I do not know, and I won't guess either :)

Best of luck!
bszoom42FemaleIndia2007-08-13 01:19:00
K-1 Fiance(e) Visa Process & ProceduresNeed some advice
I did some further looking up of relevant information:

http://travel.state..../info_1288.html

According to the U.S. Department of State (and their opinion is better than mine)

If you are subject to the two-year foreign residence requirement, you may not change your status to that of H, L, or K, or to immigrant or legal permanent status until you have fulfilled the two-year foreign residence requirement by going back to your home country or receiving a waiver of this requirement.

Now, I couldn't find where in the INA or USC that the K visa is also subject to that restriction, but that probably means I didn't look hard enough or am not looking in the right spot.

Also, they have information about if you are not sure if 212(e) applies to you.

If you are not sure whether the INA 212(e) two-year foreign residence applies to you, you may request in writing an advisory opinion on applicability of INA 212(e) to your situation. The advisory opinion request should include all copies of DS-2019/IAP-66 issued to you, along with a self-addressed envelope, and should be sent to:


INA 212(e) Advisory Opinion Request
The Waiver Review Division, CA/VO/L/W
SA-1, L-603
U.S. State Department
2401 E Street, NW
Washington, D.C. 20522-0106

I suggest you review this website and proceed accordingly.
Best of luck!
bszoom42FemaleIndia2007-08-13 01:08:00
K-1 Fiance(e) Visa Process & ProceduresNeed some advice
Ok, let me see if I understand what is going on here.

Your fiancee entered the US and subsequently left the US on November 11, 2005 on a J-1 Visa. You fiancee did not overstay the visa.

This is an Exchange Alien visa if I remember correctly, and subject to section 101(a)(15)(J) of the INA.

(J) an alien having a residence in a foreign country which he has no intention of abandoning who is a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized knowledge or skill, or other person of similar description, who is coming temporarily to the United States as a participant in a program designated by the Director of the United States Information Agency, for the purpose of teaching, instructing or lecturing, studying, obser ving, conducting research, consulting, demonstrating special skills, or receiving training and who, if he is coming to the United States to participate in a program under which he will receive graduate medical education or training, also meets the requirements of section 212(j), and the alien spouse and minor children of any such alien if accompanying him or following to join him;


Now your fiancee is ineligible to receive "an immigrant visa, or for permanent residence, or for a nonimmigrant visa under section 101(a)(15)(H) or section 101(a)(15)(L)" under INA Act 212(e)

(e) No person admitted under section 101(a)(15)(J) or acquiring such status after admission (i) whose participation in the program for which he came to the United States was financed in whole or in part, directly or indirectly, by an agency of the Government of the United States or by the government of the country of his nationality or his last residence, (ii) who at the time of admission or acquisition of status under section 101(a)(15)(J) was a national or resident of a country which the Director of the United States Information Agency pursuant to regulations prescribed by him, had designated as clearly requiring the services of persons engaged in the field of specialized knowledge or skill in which the alien was engaged, or (iii) who came to the United States or acquired such status in order to receive graduate medical education or training, shall be eligible to apply for an immigrant visa, or for permanent residence, or for a nonimmigrant visa under section 101(a)(15)(H) or section 101(a)(15)(L) until it is established that such person has resided and been physically present in the country of his nationality or his last residence for an aggregate of a least two years following departure from the United States: Provided, That upon the favorable recommendation of the Director, pursuant to the request of an interested United States Government agency (or, in the case of an alien described in clause (iii), pursuant to the request of a State Department of Public Health, or its equivalent), or of the Com missioner of Immigration and Naturalization after he has determined that departure from the United States would impose exceptional hardship upon the alien's spouse or child (if such spouse or child is a citizen of the United States or a lawfully resident alien), or that the alien cannot return to the country of his nationality or last residence because he would be subject to persecution on account of race, religion, or political opinion, the Attorney General may waive the requirement of such two-year foreig n residence abroad in the case of any alien whose admission to the United States is found by the Attorney General to be in the public interest except that in the case of a waiver requested by a State Department of Public Health, or its equivalent, or in the case of a waiver requested by an interested United States government agency on behalf of an alien described in clause (iii), the waiver shall be subject to the requirements of section 214(l) 22aaa/ : And provided further, That, except in the case of an alien described in clause (iii), the Attorney General may, upon the favorable recommendation of the Director, waive such two-year foreign residence requirement in any case in which the foreign country of the alien's nationality or last residence has furnished the Director a statement in writing that it has no objection to such waiver in the case of such alien.


But since a K-1 Visa is a non-immigrant visa under section 101(a)(15)(K), wouldn't that mean the 2 year residency requirement does not prevent your fiancee from gaining a K-1 Visa?

My guess (and I have no expertise, so this is just a guess) is that this won't impact your K-1 visa process, and you can file promptly, without requiring any waiver.

Perhaps you can get better opinions from other members, or perhaps from consulting a qualified immigration attorney. Best of luck!

Edited by bszoom42, 13 August 2007 - 12:47 AM.

bszoom42FemaleIndia2007-08-13 00:43:00
K-1 Fiance(e) Visa Process & ProceduresA couple of last minute questions
http://www.uscis.gov...00045f3d6a1RCRD

Petition for Alien Fiance(e) I-129F $455. There is no fee for petitions for K-3 status based on an immigrant petition filed by the same U.S. citizen or wife.

For your question about the G-325A, I would list the last place you lived outside of the US for more then one year; regardless of how far back it was, as long as it meets the criteria of being "Applicant's last address outside the United States of more than one year.".
bszoom42FemaleIndia2007-08-13 19:13:00
K-1 Fiance(e) Visa Process & ProceduresPassport stamps
I think MM_MS is refering to the cover letter.
bszoom42FemaleIndia2007-08-13 15:35:00
K-1 Fiance(e) Visa Process & ProceduresPassport stamps
And you might want to have the photocopies enlarged to make it easier for the Adjudicator to see the stamps.

I had mine enlarged and photocopied in color, and i had no issues.
bszoom42FemaleIndia2007-08-12 20:29:00
K-1 Fiance(e) Visa Process & ProceduresQuestion...
Are they allowed to return a petition and cash the check too?
bszoom42FemaleIndia2007-08-13 19:46:00
K-1 Fiance(e) Visa Process & Procedurescheck or money order
I used a check as well. I don't know of any reason why it would affect the petition timeline, assuming the check or money order is valid, drawn off of a U.S. Institution, addressed properly and for the correct amount.
bszoom42FemaleIndia2007-08-13 23:09:00
K-1 Fiance(e) Visa Process & ProceduresBirth Certificate Issue ?
The actual birth certificte will be on file with the issuing office.

A certified copy is a photocopy by the official agency with a raised seal or stamp signfying that they CERTIFY it is an identical copy to that what is on file in their office.
bszoom42FemaleIndia2007-08-15 10:02:00
K-1 Fiance(e) Visa Process & ProceduresBirth Certificate Issue ?

So I found out from being here that there is a long form Birth Certificate. I know have this, but I sent in the small version with the original I-129F packet. Will I be getting an RFE for this?

Thanks

Did you send any other proof that you are a U.S. Citizen? For example, if you included a photocopy of each and every page (including cover) of your current U.S. passport, then there would not be the need to rely on the birth certificate alone.
bszoom42FemaleIndia2007-08-15 09:10:00
K-1 Fiance(e) Visa Process & ProceduresDoubt abut a Job before approved our I-129F
I don't know how worker visas work, but I thought those were already allocated for 2007? So wouldn't that make your K-1 visa faster?
bszoom42FemaleIndia2007-08-15 15:34:00
K-1 Fiance(e) Visa Process & ProceduresJapan K-1 Experience

me having to be escorted down to customs to get the x-rays from the suitcase.

Congratulations! And I'm glad to here they let you get the x-rays from your suitcase, or else that would not have been good!
bszoom42FemaleIndia2007-08-16 09:09:00
K-1 Fiance(e) Visa Process & ProceduresNo more K1 and K3 at the same time?
Perhaps this is in reference to the concurrent filing of I-130 and I-129F for Spouse Visa?
bszoom42FemaleIndia2007-08-15 18:29:00
K-1 Fiance(e) Visa Process & ProceduresShould I hire a lawyer to do the paperwork?
I am doing it myself so far, thanks to the immense help here at VisaJourney.com.
bszoom42FemaleIndia2007-08-17 01:12:00
K-1 Fiance(e) Visa Process & ProceduresI-129f Wrong Contact Info

Go to USCIS's site and change the address yourself (there's an option on the left side bar menu on the main page). How someone could get a law degree when they aren't competent enough to put a correct address on something as important as this is beyond me. :blink:

Sounds like its more of a clerical error, not incompetence. It always a good practice, even when using an attorney, to review the paperwork prior to it being filed. The lawyer's specialty is practicing law, not keeping track of people's current addresses.
bszoom42FemaleIndia2007-08-17 01:17:00
K-1 Fiance(e) Visa Process & ProceduresTravel Internationally - Register with the Consulate
Definitely a good idea to register your stay. As for using it for proof, I am unsure the embassy would divulge this information willingly.
bszoom42FemaleIndia2007-08-16 15:48:00
K-1 Fiance(e) Visa Process & ProceduresNever met my fiance but sent in the K-1 application
Just out of curiosity, if USCIS did approve this petition (lets assume the Adjudicator overlooked the fact they did not meet in person) would the Embassy allow the visa to be granted if they were aware that the petitioner and applicant did not meet in in person?
bszoom42FemaleIndia2007-08-15 14:18:00
K-1 Fiance(e) Visa Process & ProceduresDocuments for passport
Thanks for the clarification
bszoom42FemaleIndia2007-08-17 23:43:00
K-1 Fiance(e) Visa Process & ProceduresDocuments for passport

If she go to DFA, don't tell them she is being petitioned (as K-1) or they will be requiring her to attend the CFO Seminar first.
Per Republic Act 8239 and Department of Foreign Affairs (DFA) Order 28-94, Filipinos proceeding abroad as fiancé(e)s and spouses of foreign nationals are required to attend the CFO's guidance and counseling programs as a pre-requisite to the issuance of passports.

But if she still have the time she can attend the CFO Seminar (Guidance and Counseling) first, anyway she will also be needing this prior to her departure (for the CFO stamp on her passport when she gets her visa).

When I applied the first time for y passport, they only asked me for one ID (I showed them my PRC ID). NBI and the driver's license will suffice as ID.

Your advice confuses me... You are recommending that they disregard Republic Act 8239/DFA Order 28-94 by concealing the fact that she already is in the K-1 petition process, so that she can postpone going to a required guidance and conselling program?

What advantage does postponing this required program give that outways the potential issues of disregarding that rule?
bszoom42FemaleIndia2007-08-17 15:39:00
K-1 Fiance(e) Visa Process & ProceduresPre-exisiting Social Security Number

My one concern is that my fiancee already has a social security number/card due to her having attended college in the US and having various student jobs. I am wondering if I should put that on the petition form, perhaps including a photo copy of her card, or if that will needless complicate things, etc? Will she keep this number after she arrives in the US or is a brand new one going to be assigned?

I think this is a great time saver for you guys. I wish my fiancee already had a SSN. Make sure you report it - if they issue you a new SSN, it will cause issues down the line. I don't see how it would hurt to include a photocopy of the card, although it is not required.
bszoom42FemaleIndia2007-08-16 08:47:00
K-1 Fiance(e) Visa Process & ProceduresTourist Visa while K-1 at USCIS
QUOTE (pushbrk @ Jul 28 2007, 10:43 PM) <{POST_SNAPBACK}>
The likelyhood of being granted a tourist visa during the process varies widely by country but Indonesia, China, Vietnam, the PI, and Mexico are among the most difficult. I wouldn't try it unless the time and expense is of little concern to you because the time and expense will most likely both be wasted.

From Visa Waiver Program countries and a few others, the chances are very good.

Good advice by pushbrk, and I would add India & Pakistan to that list of countries that are among the most difficult! good.gif
bszoom42FemaleIndia2007-08-18 14:20:00
K-1 Fiance(e) Visa Process & ProceduresCHECK CASHED
Karin und Otto, you are correct that the receipt number starts with a 3 letters code that represents the service center, but the examples you have provided are incorrect.

https://egov.uscis.g...earchDisplay.do
QUOTE
The 13-character application receipt number can be found on application notices you have received from the USCIS. It begins with three letters such as (EAC, WAC, LIN, or SRC).


http://www.uscis.gov...00045f3d6a1RCRD
QUOTE
The first three letters of the receipt number will indicate what office created processed the application or immigrant visa.
WAC = California Service Center
LIN = Nebraska Service Center
EAC = Vermont Service Center
SRC = Texas Service Center
MSC = National Benefits Center


http://www.uscis.gov...00048f3d6a1RCRD
QUOTE
Nebraska Service Center
Since all applications and petitions adjudicated at the NSC are entered into the electronic receipting systems for tracking, any application or petition received at the NSC and that has been accepted elsewhere by a USCIS office will be assigned a "LIN" (short for Lincoln) number.


And for the curious, here are what those acronyms stand for:
WAC = Western Application Center
EAC = Eastern Application Center
LIN = Lincoln
SRC = Southern Regional Center
bszoom42FemaleIndia2007-08-19 00:05:00
K-1 Fiance(e) Visa Process & ProceduresTax Transcripts - yet another twist
As an update to my tax issues, I spoke with the IRS on Friday and they finally cleared up the data issues, and they expect to issue me a refund in the next 3-4 months!
bszoom42FemaleIndia2007-08-19 00:37:00
K-1 Fiance(e) Visa Process & ProceduresTax Transcripts - yet another twist
i don't know what they will ask for - I just wanted to be prepared just in case. If my fiancee has to go back to the embassy with more information, that coul dbe a delay of months.
bszoom42FemaleIndia2007-08-15 10:03:00
K-1 Fiance(e) Visa Process & ProceduresTax Transcripts - yet another twist
I also had issues with my taxes, which prevented me from using tax transcripts.

In 2004, I filed and received a refund.

In 2005, I filed and received a refund.

In 2006, I filed and nothing. (i expected a refund.)

When I called the IRS, they said that they are holding my 2006 refund because they "misplaced" my 2005 return.

So, I mailed them a copy of my 2005 return (overnight, w/delivery confirmation.)

Two months goes by, and they "misplaced" the replacement 2005 return.

So, I faxed them my 2005 return.

A month goes by, and they discovered "data issues inputting the return". They assured me that my return I submitted was correct, and the refund they issued was correct, just that my account is not correct.

Anyway, so now when I call them, its really quite humerous. First the IRS officer is generally rude or short with me, until they pull up my case. Then once they read the case notes, they start apologizing and tell me hopefully they will et the issue cleared up and send me my 2006 refund in 2-3 months.


Anyway, so I am not expecting this to be cleared up anytime soon, so I sent to my fiancee 3 years of IRS returns, W-2s, State Returns, W-2s, and 18 months of PayStubs...
bszoom42FemaleIndia2007-08-14 21:05:00
K-1 Fiance(e) Visa Process & ProceduresNow for an Interview Document Question..
Read up on the guides on the K-1 process past the NVC. You can get specific Moscow information from the regional forums and the Moscow embassy website.

Best of luck!
bszoom42FemaleIndia2007-08-19 00:40:00
K-1 Fiance(e) Visa Process & Procedurespictures as proof of meeting
QUOTE (jamyleandkhadijah @ Aug 18 2007, 01:55 PM) <{POST_SNAPBACK}>
I submitted about 50 pictures they still requested that i bring more proof of relationship.Can you imagine? I will advice you to send more pictures and anything you know is a proof of your relationship

Pictures are only secondary evidence. Let me quote what TimsDaisy would say:
QUOTE
Submit evidence of meeting the beneficiary in person within the two-year period preceding the filing of the petiition. The primary evidence may include airline ticket stubs and receipts (that indicate month, day, and year), copies of passport pages that show the identification page and admission stamps, military order(s), letter from Commanding Officer, or any evidence that will help the USCIS to determine that the petitioner has met the beneficiary within the two years. The secondary evidence may be film dated photographs of the petitioner and the beneficiary together. The following DOES NOT constitue evidence of meeting: disc, videos, emails, letters, phone bills, and greeting cards.

bszoom42FemaleIndia2007-08-18 14:28:00
K-1 Fiance(e) Visa Process & Procedurespictures as proof of meeting
Passport stamps are good primary evidence. Make sure you enlarge the photocopies if that makes it easier to read.
bszoom42FemaleIndia2007-08-13 23:45:00
K-1 Fiance(e) Visa Process & Procedurespictures as proof of meeting
I submitted 16, and used photos of us in public places and with family members. I also took care to document the location of each photo, the time and date, and the names and relationships of each person within the photo.

However, this was only secondary evidence. I made sure to include primary evidence which included boarding passes, passport stamps, receipts, i.e. paperwork with both our names on it with dates that showed we were togther and have met within the 2 year period prior to filing.
bszoom42FemaleIndia2007-08-13 23:05:00
K-1 Fiance(e) Visa Process & Proceduresi want to apply for k-1
You can find more information about filing for K-1 on the guides, and on the USCIS website.

USCIS also has a nifty factsheet on the fiancee visa. Also, if you guys wanted to get married here sooner, there may be another option. Check the USCIS pdf for more info.

I Am a U.S. Citizen...
How Do I...Help My Fiancé(e) Become a Permanent Resident of the United States?
http://www.uscis.gov.../article/A2.pdf
QUOTE
Another option is if your fiancé(e) is already in the U.S. in another
lawful temporary status and you want to get married in the U.S.
While you may marry and file the I-130 for him/her, there may be
additional requirements that he/she will have to meet before being
able to adjust status to permanent residence in the U.S. For more
information about the I-130 relative petition for a spouse, please
see Fact Sheet A11.

Edited by bszoom42, 19 August 2007 - 08:41 PM.

bszoom42FemaleIndia2007-08-19 20:38:00
K-1 Fiance(e) Visa Process & ProceduresPregnant
Congratulations!

Here is some reference information for you:

\ slb \ SERVICE LAW BOOKS MENU \ OPERATIONS INSTRUCTIONS \ OI 214 Nonimmigrant classes. \ OI 214.2 (k)
http://www.uscis.gov...6e567466bdcae3a
QUOTE
OI 214.2 (k)

(k) Fiancees and fiances of United States citizens.

(2) Discrepancy found in beneficiary's marital history or minor children reported; or beneficiary found ineligible for visa. When the beneficiary's marital history or situation with respect to children is found by the American consul to differ from that set forth in the approved "K" petition, or where the consul finds the beneficiary to be ineligible for an immigrant visa on a ground that could be waived under section 212(g) , (h) , or (i) of the Act when the beneficiary marries the petitioner, the consul will return the petition with a memorandum of his findings directly to the district director who approved it, so that the latter may review the propriety of the approval. However, if the beneficiary is found to be pregnant, the consul may ascertain from the petitioner, either by direct communication with the latter or through the district director, as circumstances may require, whether the petitioner is still willing to marry the beneficiary. Where the consul himself ascertains that the petitioner is willing, the consul will either attach the relating correspondence to the petition or, if the petitioner appears at the consulate in person, will have the petitioner appropriately note, initial and date the petition.

When it has been ascertained that the petitioner is still willing to marry his pregnant fiancee, and she gives birth to a child with no serious physical or mental defects prior to her departure for the United States, the consular officer may issue a K-2 visa to the child without referring the petition to the Service for amendment. In such a case, the consul should insert the name, date, and place of birth of such child in the appropriate block of the Form I-129F. If, however, the child does have a serious mental or physical defect, the consular officer will ascertain from the petitioner, either directly or through the Service, whether he is still willing to marry the beneficiary and whether he wishes the child to proceed to the United States.

When the consul returns a petition, the district director shall have the petitioner interviewed to determine whether or not the latter, in the light of the new information, is still willing and able to marry the beneficiary in accordance with the provisions of section 214(d) of the Act. If it appears that the petition should not have been approved and the petitioner declines to withdraw it, the district director on his own motion should reconsider it and enter an appropriate order. If it is determined that the petition was properly approved, any required corrections should be initialed and dated by the petitioner and the "Remarks" block of Form I-129F noted by the district director to show an extension of the petition's validity to a date 4 months thereafter. The petition (if its approval is reaffirmed) or notice that the petition's approval has been revoked or the petition is not being revalidated (as appropriate) should thereupon be sent directly to the American consul unless return to the central Office or to the Visa Office has been directed. For the district director's action in the case of an eligible beneficiary requiring section 212(g) , (h) , or (i) relief, see subparagraph (3) below.

Basically, the embassy wants to confirm that (1) you are aware of the pregnancy and (2) you still want to marry your fiancee within 90 days of entering the U.S.

Perhaps you could address this with a properly worded letter of intent to the embassy?
bszoom42FemaleIndia2007-08-19 12:06:00
K-1 Fiance(e) Visa Process & ProceduresVISA TYPE
QUOTE (pushbrk @ Aug 19 2007, 08:54 PM) <{POST_SNAPBACK}>
Marriage is not a problem on any visa. Immigration is allowed only under certain circumstances. K1 is one of the legal ways to do it.

Thanks for the clarification pushbrk!
bszoom42FemaleIndia2007-08-19 20:50:00
K-1 Fiance(e) Visa Process & ProceduresVISA TYPE
1. Are you referring to a visa for a foreign media representative under INA 101(a)(15)(I)?

2. Are you presently in the United States? I don't believe you can use an I visa to enter the U.S. for the purposes of marriage.

3. The only "90 day entry visa for marriage" that I am aware of is the K-1 Visa.
bszoom42FemaleIndia2007-08-19 16:38:00
K-1 Fiance(e) Visa Process & ProceduresHelp!!! I have a few questions about K-1 Visa
QUOTE (pushbrk @ Aug 21 2007, 06:25 PM) <{POST_SNAPBACK}>
Usually I advise people to determine their priorities and decide first whether to marry in the US or abroad. Then deal with the visa path that fits that choice.

good.gif

Edited by bszoom42, 21 August 2007 - 05:26 PM.

bszoom42FemaleIndia2007-08-21 17:26:00
K-1 Fiance(e) Visa Process & ProceduresProbably not the right forum...
QUOTE (pushbrk @ Aug 21 2007, 06:02 PM) <{POST_SNAPBACK}>
Many jurisdictions that say a SSN is needed for marriage or driver's license will waive that requirement if you sign saying you don't have one.

In NJ for example, it is required by statute to collect the Social Security number of the bride and groom for the marriage license. However, I spoke to a bunch of people in the Marriage License offices for a couple of towns, and they assured me that I can still get married to my K-1 Fiancee w/o a Social Security Number, provided she has a Passport & Birth Certificate (both in english) that she can show them.

That being said, we are still leaning towards getting our marriage done in Iowa (they have a similar rule towards SS numbers, and will allow the passport and birth certificate instead) because they allow First Name, Middle Name, and Last Name change of the bride upon marriage, and on their marriage certificates, show both the maiden name and married name. (She wants to go with an Americanized first name, new middle name, and my last name).
bszoom42FemaleIndia2007-08-21 17:36:00
K-1 Fiance(e) Visa Process & ProceduresResidency Requierd
QUOTE (b_4desi @ Aug 21 2007, 06:31 PM) <{POST_SNAPBACK}>
if i file a I-130 here in USA how long does that takes? i mean how long it will take her to get here and how long it will take her to get a green card? i want something faster

and also when did this 6 month residency requirement effected? this year?

The I-130 timelines can be seen by looking up the petitions on the VisaJourney.com timelines. I think you can expect anywhere from 3-5 months.

Everyone wants something faster smile.gif so if it makes you feel better, everyone on line before you is thinking the same thing you are... can the line go faster? please?

US Embassy in Delhi - USCIS office implemented the resideny requirement earlier then this year I believe. If you check their press releases on their website, you can find out for certain.
bszoom42FemaleIndia2007-08-21 17:40:00
K-1 Fiance(e) Visa Process & ProceduresResidency Requierd
Hello b_4desi,

What you are referring to is the direct USCIS filing at the Delhi Embassy. There is a minimum 6 month residency requirement, and the full details are here at the Delhi Website:

http://newdelhi.usem...cisi130pet.html

There are other routes availble to you that do not require you to be an Indian resident. You can file the I-130 here in the U.S. and pursue the IR1/CR1 route or the K-3 route.

Best of Luck!
bszoom42FemaleIndia2007-08-21 17:25:00