ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresI-129F Beneficiary's Brother is out of status - Will that affect us?
bszoom,

I read of one post about a K1 interview in the Philippines where the CO checked the status of the K1's brother who was in the US with a work visa. I don't know if that's just something that's peculiar to the CO doing the interview or it's something that's done on a per embassy basis. I am not saying that this could happen to your fiancee but I am interested to find out if there are more of such occurences.

I'm hoping that someone who has a similar situation will share their experience here.
eau_xplainFemalePhilippines2007-05-09 11:58:00
K-1 Fiance(e) Visa Process & ProceduresWhat is AOS and interview questions

Hi. Could you explain to me what AOS is and when do we do the AOS? Also, my fiance speaks very little english and I speak very little portuguese. I heard that we might have problems getting our K-1 visa approved because we do not speak the other's language well. Is this true? Also, I have heard that the interview will be in English. Will it be a problem if my fiance only speaks portuguese during her interview? Will the interviewer give my fiance a choice of which language to use during the interview? Does anyone have advice on what the interview will be like? Will the questions be difficult or easy? Will the interviewer deeply probe or is the interview a basic summary of how we met, etc...? Thanks.



I've seen a lot of K1 filers who refer to the Affidavit of Support (I-134) whenever they say AOS. So it depends on which form you are talking about.
eau_xplainFemalePhilippines2007-05-18 11:56:00
K-1 Fiance(e) Visa Process & ProceduresWe got the visa!!!!!!!
Congratulations!!! kicking.gif kicking.gif
eau_xplainFemalePhilippines2007-08-30 11:57:00
K-1 Fiance(e) Visa Process & ProceduresPlease help
QUOTE (Waiting88 @ Oct 8 2007, 11:49 PM) <{POST_SNAPBACK}>
The USCIS did send them a letter for the extension. However my fiance was suppose to respond within certain days but did not follow up... so does that mean we are in trouble? crying.gif


If neither he nor you can determine whether USCIS did grant your fiance an extension, then perhaps it would be a good idea to have a lawyer look at all the documents/letters/communication that your fiance has. We cannot tell you if there is going to be a problem or not as we don't know what kind of response was required and what the effect of your fiance's failure to respond has on his legal stay in the US as a tourist.
eau_xplainFemalePhilippines2007-10-08 23:15:00
K-1 Fiance(e) Visa Process & ProceduresPlease help
OP, you need to determine for sure whether your fiance was given an extension and if the extension was for 6 months. Only when you get that info will you be able to determine if he is subject to a bar and will or will not have problems with the K1.

Overstay for less than 6 months is not subject to a bar from re-entry. Overstay for over 6 months but less than a year = 3 years bar. Over 1 year overstay is subject to 10 years bar.
eau_xplainFemalePhilippines2007-10-08 22:35:00
K-1 Fiance(e) Visa Process & ProceduresEAD
She can only apply for an EAD as part of her AOS application. The AOS fee already includes the EAD fee. So, your wife should just go ahead and file for Adjustment of Status.
eau_xplainFemalePhilippines2007-10-15 16:07:00
K-1 Fiance(e) Visa Process & ProceduresCalifornia Closed Due to Fire
The CSC is in Laguna Niguel, CA.
eau_xplainFemalePhilippines2007-10-25 08:13:00
K-1 Fiance(e) Visa Process & Procedureshere illegally?
Kaitlyn,

Technically, he had not accrued illegal status as he departed less than 180 days after his 18th birthday. However, because his departure was due to a deportation, please consult with a good immigration lawyer. Be sure that the lawyer has had real experience with preparing 601 waivers.
eau_xplainFemalePhilippines2007-11-10 15:03:00
K-1 Fiance(e) Visa Process & ProceduresMarriage outside the U.S. on a K-1 visa
QUOTE (DakotaK1 @ Oct 30 2007, 12:20 AM) <{POST_SNAPBACK}>
If you read the FAQ's they are very helpful:

4.11)...My alien fiancee has been issued a K-1 visa. Can we get married abroad and then come back together to the US with the K-1?
A...No. The alien must NOT be married when s/he enters the US on a K-1 visa. Also, if using the K-1, the couple must marry in the US within 90 days of the alien entering on the K-1.
(FAQ Note: Some couples arrange to have a non legal ceremony prior to the fiance(e) leaving their home country, in order to satisfy the wishes of family, or to have a celebration if the family is unable to travel to the US for a wedding.
back

5.12)...Is it okay for us to go to the US Virgin Islands or Puerto Rico on our honeymoon without Advance Parole?
A...Maybe not a wise thing to do. Even though these islands are US territories or possessions, you may have to deal with Immigration and Customs to get back to the United States. You might have trouble getting back home if you encounter an insane USCIS (INS) inspector, plus, there are too many opportunities to "technically" leave US jurisdiction (by visiting the adjacent islands, for example). Best to take the honeymoon somewhere in the 50 States, where there is plenty to see and do.

A..Let me make it as clear as it was explained to me and which the regulation bears out: So long as the K-1'er does not depart ("depart" is also defined in the reg.) the US after making a legal entry s/he can travel to any other location which includes the USVI, PR, Guam, Hawaii, and Alaska.
The inspector I spoke to gave clear examples. (My alien fiancée) can enter the US and we can fly directly from the mainland to the USVI. We can go wherever we want on the islands so long as we don't "touch" ground or water not under US jurisdiction. When we leave she shows her K-1 and I-94 to immigration (which shows she legally entered the US) and off we fly directly to the mainland. However, if while we are there (USVI) we decided to take a trip to the British islands then she would be denied re-entry. I know I used "directly" in this example but we could fly "outbound" mainland-PR-USVI and "inbound" USVI-PR-mainland without fear because in this case she never "departs" the US.
Inspectors (both mainland and USVI) told me that this is not an unusual occurrence. They see K-1'ers all the time.
back


Hope this helps



QUOTE (Jason-Sasha @ Oct 30 2007, 12:32 AM) <{POST_SNAPBACK}>
QUOTE (~Laura and Nick~ @ Oct 29 2007, 11:26 PM) <{POST_SNAPBACK}>
QUOTE (Jason-Sasha @ Oct 30 2007, 12:13 AM) <{POST_SNAPBACK}>
My darling Sasha and I hope to be together by spring 2008. We want to get married soon after her arrival in an attempt to adjust her status sooner than later. We have also decided to celebrate the occasion with a very small, private wedding away from our home in Virginia. Rather than spending loads of money for a large formal wedding that will only satisfy relatives and friends, we've opted to spend very little on the actual wedding and enjoy a nice long romantic honeymoon. If we spend thousands and thousands on a wedding, we will not be able to take a nice honeymoon together. We would like to take off for somewhere tropical, marry there, vacation for a week, then come home. I'm not sure if she will be able to travel to the Virgin Islands, Jamaica, Barbados, or other Carribean Islands. Is it possible?? Or perhaps we will be limited to somewhere within the U.S. We would settle for Florida or Hawaii, but would prefer to go to the Carribean. I'm sure if I researched enough online I would find the answers, but I'm medicated right now for a severe migraine and I'm feeling quite lazy. So, thanks for anyone who can answer this for me definitively.

Also, does it matter if we get married in any place other than our home state? Thanks again...



Hi smile.gif
Welcome to VJ.

The answer is no. Once your fiance enters the U.S. with the one time entry K-1 Visa, you must be married within 90 days.

Once you get married you apply for your AOS and at that same time you apply for advanced parole. Without the advanced parole, she can leave the country but will be denied re-entry and will have to start all over again with a spousal visa.

I would get married in the U.S., you can have a small ceremony, you don't need to spend a lot of money. Apply for her AOS, get her AP (which takes a few months to be issued) then take the honeymoon of your dreams..you could even renew your vows down there if you like.

Best of luck smile.gif
~Laura


Haha! Been a very long time since someone welcomed me to VJ! Thanks...hehehe... Yes, I know that we need to be married within 90 days and I know it needs to be on U.S. soil. I was only hoping there were ways around it. I think we'll still have our wedding somewhere romantic and include a nice long honeymoon. but I'd still like to know if Hawaii is acceptable. can't really find a definite answer. Seems like maybe we cannot.


Yes, you and your fiancee can travel (and get married) in Hawaii. Since it is one of the 50 states, travel to and from there is considered domestic travel and you won't be going through any customs/immigration checks.
eau_xplainFemalePhilippines2007-10-30 08:09:00
K-1 Fiance(e) Visa Process & ProceduresF-1 --> K-1 inside the US
You cannot file the K1 and stay in the country. The only other option, if you're not yet ready to get married, is the H1B visa. Sorry to hear that you did not make the quota cut off. Is the company willing to file the H1B again? Other than the H1B or another F1 visa, the only way you can continue your legal stay would be through marriage and AOS.
eau_xplainFemalePhilippines2008-02-07 16:01:00
K-1 Fiance(e) Visa Process & Proceduresmy fiancee was married to an illegal alien?????
QUOTE (john_and_marlene @ Feb 28 2008, 11:09 AM) <{POST_SNAPBACK}>
It could make it more difficult to meet the financial requirement as he is probably still obligated by the I-864 from her adjustment of status.



This is correct. Your fiance will have to prove he meets 100% or 125% (depending on what your consulate requires) of the poverty line for himself, his GC holder ex-wife and you (plus any children if applicable).
eau_xplainFemalePhilippines2008-02-29 10:41:00
K-1 Fiance(e) Visa Process & ProceduresI do not know why!
Did you send your withdrawal in writing and did you get confirmation from USCIS that they received it?

Edited by eau_xplain, 05 April 2008 - 08:49 PM.

eau_xplainFemalePhilippines2008-04-05 20:48:00
K-1 Fiance(e) Visa Process & ProceduresHelp me pls...Pocket was left at the Port of Entry...
The good news is you can now order a certified copy of your birth certificate from the NCSO using their online order site. We've successfully done this for myself and my son. It probably takes only a couple of weeks for it to get to you.

Click here to request one.
eau_xplainFemalePhilippines2008-05-11 21:07:00
K-1 Fiance(e) Visa Process & ProceduresOptions for temporarily remaining in U.S. after K1 marriage without filing AOS
No need to file for AOS but your fiance/spouse will have to depart on or before the I-94 expires. He should not incur any overstays so as not to jeopardize coming in using the VWP or any future visa applications he might have.
eau_xplainFemalePhilippines2008-05-19 16:10:00
K-1 Fiance(e) Visa Process & ProceduresNEED HELP!!! REALLY... NEED HELP!
I wish you luck.

And please, consider seriously not waiting until you get the 10-year bar.
eau_xplainFemalePhilippines2008-02-15 13:32:00
K-1 Fiance(e) Visa Process & ProceduresNEED HELP!!! REALLY... NEED HELP!
As it stands right now, you will incur a 3-year bar from returning to the USA if you leave now. A few more months and it will be a 10-year bar. You are considered out of status and can be subject to deportation if caught by ICE. Your only hope of changing legal status is to pursue your marriage plans to completion and apply for AOS together with I-130. Do not leave the country without first consulting with a good immigration attorney if you want to preserve your ability to return to the US legally.
eau_xplainFemalePhilippines2008-02-14 11:43:00
K-1 Fiance(e) Visa Process & ProceduresGood luck...
I just wanted to drop in and say good luck to all of those who are beginning or considering the K-1 process...Remember to have plenty of patience and trust, and you all will be fine.!
Mrs. PalmerFemaleJamaica2007-05-17 13:46:00
K-1 Fiance(e) Visa Process & ProceduresAfter NOA2- a bit confused
QUOTE (YuAndDan @ Apr 7 2008, 03:30 PM) <{POST_SNAPBACK}>
After NOA2 USCIS will send the petition to Department of State (NVC) they will assign a case number, and send it on to the consulate in the foreign country.The consulate will then send out an instruction packet telling foreign citizen to gather things like Police Cert, Birth Cert, etc...

You will send I-134 along with supporting financial evidence and send to fiancee for interview.

Medical will also be done before interview at a medical facility specified in the instruction or invitation packet.

Some useful info: (VJ has great resources like FAQ and consulate information why not look there before posting?)

http://www.visajourn.....0De Janereiro

http://www.visajourn...pplication.html


I was under the impression that the case didn't get fowarded to the foreign embassy untill AFTER the case is completed at NVC? Is this not true?
Mrs. PalmerFemaleJamaica2008-04-08 06:14:00
K-1 Fiance(e) Visa Process & ProceduresApproved NOA2
:thumbs: CONGRATS :thumbs:
lilofdevineFemaleMorocco2006-12-19 09:39:00
K-1 Fiance(e) Visa Process & ProceduresAPPROVED!
:thumbs: congrats :thumbs:
lilofdevineFemaleMorocco2006-12-19 20:03:00
K-1 Fiance(e) Visa Process & ProceduresAPPROVED!!!! NOA2!!!
:thumbs: CONGRATS :thumbs:
lilofdevineFemaleMorocco2006-12-19 09:38:00
K-1 Fiance(e) Visa Process & ProceduresAPPROVED!!!! NOA2!!!
:thumbs: CONGRATS :thumbs:
lilofdevineFemaleMorocco2006-12-18 22:48:00
K-1 Fiance(e) Visa Process & ProceduresIt took 11 months, but WE GOT OUR VISA!!!!!!!!
:thumbs: CONGRATS :thumbs:
lilofdevineFemaleMorocco2006-12-24 21:33:00
K-1 Fiance(e) Visa Process & Procedureswoo hooo
:thumbs: congrats
lilofdevineFemaleMorocco2006-12-24 21:41:00
K-1 Fiance(e) Visa Process & ProceduresNOA2!!!! WOOT!
:thumbs: congrats :thumbs:
lilofdevineFemaleMorocco2006-12-24 21:28:00
K-1 Fiance(e) Visa Process & ProceduresFIANCE IS HERE!!
:thumbs: WONDERFUL NEWS, ENJOY YOUR HOLIDAY TOGETHER :thumbs:
lilofdevineFemaleMorocco2006-12-24 21:53:00
K-1 Fiance(e) Visa Process & ProceduresWe just "have to" share our joy with you :)
:thumbs: CONGRATS
lilofdevineFemaleMorocco2006-12-09 23:18:00
K-1 Fiance(e) Visa Process & ProceduresI am starting a prayer brigade for non-stop approval of NOA2s especially for those who have long been waiting and for all other approvals you
I am new to visa journey but would like to join this prayer chain.

Dear Father in Heaven
We thank you for all things and we know that all things are done through you. Thank you for your grace and your mercy, for without you we are nothing. Lord we know you are all Love and we ask that you grant us all speedy approvals so that we may be joined with the ones we Love. Lord we ask that you pour you spirit of Love on everyone that is in contact with our applications. Lord let your will be done in our lives, In Jesus Precious Name. Amen
lilofdevineFemaleMorocco2006-10-03 07:15:00
K-1 Fiance(e) Visa Process & ProceduresI-129F Birth Certificate Information?
QUOTE (caityrose @ Mar 16 2008, 06:13 PM) <{POST_SNAPBACK}>
Hey everyone,
I have a question question about Part A, Question 10 of the I-129F. My citizenship was acquired through birth in the U.S. The next part says "Give number of certificate, date and place it was issued." Now- I know on the example form here it says just to include that if your citizenship was acquired through naturalization, but is that correct? I feel like I should put a number of my certificate (although it has a million numbers on it so I'm not really sure what number I woudl use anyway...) I just want to make sure that if I leave it blank, that won't cause an RFE. What did you do?? Thanks in advance for your help!

Caity


I just put the birth certificate number and date issued in that block. Don't believe that it will hurt.
janessnrolandMalePhilippines2008-03-16 18:32:00
K-1 Fiance(e) Visa Process & ProceduresIrritating I-134 Questions
you need to make 125% of the poverty level number and i dont have that number handy. But you should be ok wage wise. you can get it somewhere online. Google the poverty level number and add 125%. Good luck. Let me know

Roland
janessnrolandMalePhilippines2008-04-01 05:24:00
K-1 Fiance(e) Visa Process & ProceduresImmigration lawyers specializing in K1/K3 visa
i help for free..its a breeze....roland
janessnrolandMalePhilippines2008-04-20 13:11:00
K-1 Fiance(e) Visa Process & ProceduresFiled our K-1 today yeehaaa! But just realized.......
I cannot tell u what will happen...but take a deep breath...you're well on your way. If the USCIS needs it corrected they will contact you. It is not a show stopper and thats all that matters....


Good luck
janessnrolandMalePhilippines2008-05-14 19:49:00
K-1 Fiance(e) Visa Process & ProceduresInitial stuff needed from foreign fiance checklist
i would suggest that you have her send u duplicate copies of everything. be sure she signs and dates the letter of intent.

just a suggestion. i had dups, just in case.

good luck!
janessnrolandMalePhilippines2008-09-08 18:14:00
K-1 Fiance(e) Visa Process & Proceduresquick question
did u set up an account in the USCIS web site?
janessnrolandMalePhilippines2008-09-10 17:55:00
K-1 Fiance(e) Visa Process & ProceduresDenial of K-1 visa revisited
u will have to appeal to uscis in the us as your case will be referred back to the us. All u really have to to is send them a letter indicating that u are appealing their decision and send it to USCIS. Then u have a record of denial. At this point you really should hire an attorney for some legal advise.

Sorry and good luck
janessnrolandMalePhilippines2008-09-14 06:38:00
K-1 Fiance(e) Visa Process & ProceduresPOLICE CERTIFICATE
Once you have one and have left the country of Taiwan and have not returned, you are good to go!
janessnrolandMalePhilippines2008-10-18 07:14:00
K-1 Fiance(e) Visa Process & ProceduresStupid Question
resiprosity.


QUOTE (Maldez @ Nov 2 2008, 12:34 AM) <{POST_SNAPBACK}>
I'm sure this is a totally stupid question, but I'm new to all this and just have to ask.

Why can I, a US citizen with a passport, get on a plane and go to the Philippines with no problem. I'm issued a visa on the spot. But my Filipino gf, who also has a passport, can not do the same? She's a virtual prisoner in her country. What would happen if she just got on a plane, passport in hand, and flew to the US?

janessnrolandMalePhilippines2008-11-02 06:20:00
K-1 Fiance(e) Visa Process & ProceduresWe need your help..
QUOTE (applewow @ Sep 23 2007, 12:03 PM) <{POST_SNAPBACK}>
Yes,you got exactly same message as we did..
I also believe if there were some issues with divorce papers,they would send RFE..
I believe there are something about fees..

P.S.Let me ask you..When you filed you petition did uscis cashed your check,gave you a case number and after sent you notice about wrong fees?
If yes,did they return your money or you just sent them 385$ check .Or they cashed your 170$ and after asked you to send them 455?


No they did not cash my money order although they did stamp it. They sent the whole package back including the money order, and thats why I was speculating if there was paperwork missing with your package or signatures etc. Also you filed WAY before I did and weren't cutting too close so it probably wasn't a fee issue.

Edited by kaush, 23 September 2007 - 12:08 PM.

kaushFemaleIndia2007-09-23 12:08:00
K-1 Fiance(e) Visa Process & ProceduresWe need your help..
QUOTE (applewow @ Sep 23 2007, 10:16 AM) <{POST_SNAPBACK}>
P.S.If we got valid case number,does it mean we have NOA1?
Is it possible for uscis accept the petition,give a case number and lately find out that they need correct fees and reject it?

P.S.S.I appreciate all answers and thank everybody who's willing to help!


I received a rejection notice in the mail due to supposed wrong fee and I still had a valid case number just like everyone else. They sent my application back and on USCIS website it said this

"On September 6, 2007, we determined that this I129F PETITION FOR FIANCE(E) was not properly filed, rejected it, and mailed it back to you with all supporting materials along with a notice describing the reasons the case was rejected. The notice will also describe what will need to be done to properly submit the case."

I got it back and it was because of the fee. I think there is a difference between a rejection notice and a denial. And I would think that they would send you an RFE before the actual denial especially if they had questions about your divorces or meetings.

Rejection could be because you didn't sign something or application was incomplete. Again, this is all speculation but I had the same message as you did and it was because our petition was "improperly filed." Also, this was dated September 6th and I did not receive mine until September 12th or so.


Did your fiance's address change and he might have not received the package??? You might need to call USCIS and find out what the notice said, tell them you didnt receive the package or the notice.

Good luck, I hope everything works out.

Edited by kaush, 23 September 2007 - 11:29 AM.

kaushFemaleIndia2007-09-23 11:26:00
K-1 Fiance(e) Visa Process & ProceduresLetter of Intent
QUOTE (lilou @ Sep 22 2007, 12:18 PM) <{POST_SNAPBACK}>
QUOTE (Nathan_Neren @ Sep 22 2007, 06:51 PM) <{POST_SNAPBACK}>
Oh God, Thank you all for your reply....It means alot whew! Makes me sweat lol.

I know how stressful this procedure is I remember night of non-sleeping because wondering if i did something wrong.... Try to relax you have a long waiting in front of you and you will need all your strength to get throught it, and I'm sure everything will be fine.... USCIS seems to get out of lethargy that is a good news....
Best wishes


No notary, but make sure its signed though :-) Good luck. I know what you mean when you say its makes you sweat - we are all like that. Worried USCIS might see a comma or an apostrophe misplaced and reject the petition wacko.gif
kaushFemaleIndia2007-09-22 12:25:00