Forum	Title	Content	Member	Sex	Country	Date/Time
K-1 Fiance(e) Visa Process & Procedures	Do I need to show Canadian ties if I'm under K-1 visa?	QUOTE (Carlawarla @ Oct 23 2009, 08:07 AM) <{POST_SNAPBACK}> Unfortunately, many Canadians have been given extra scrutiny at the border lately. You WILL have to show ties to Canada, even if you apply for a K-1. Once you've US citizen fiance has sent in the package to USCIS, he'll be given a notice of receipt, and he should send you this copy so that you can show it when crossing if questioned. Other ties you might want to consider is a letter from you parents, they probably don't have to be identified as your parents, indicating you're renting from them, and the amount. Make sure, only because it might be needed for extra scrutiny, a return ticket. Do you have credit card statements? Bank statements? That might help, showing an address, and financial ties to Canada until you're working. Register at perhaps a temp agency, and bring proof of that in the interm for employment purposes. You might have appointment letters or reminder slips from a Doctor or Dentist showing upcoming appointments? I'm grasping here, but I do think you're going to have increased problems crossing until you have some documentation showing ties to Canada, particularly if they have entered something in the computer showing this has been an issue already. This is all true?for a Canadian visiting the US without a visa during the K-1 petition and application process. The OP's question, however, was whether she would have to show ties to Canada if her K-1 was approved and she was entering the US on a K-1 visa. The answer to that question, as several others have correctly stated is no?while the K-1 is technically a nonimmigrant visa, it has immigrant intent and therefore requires no demonstration of ties to the "home" country. The OP should be mindful of the other conditions of the K-1 visa: it allows a single entry to the United States for the purpose of marriage to the US citizen petitioner and adjustment of status. If she gets the K-1 and enters the US, she must marry, file for adjustment of status, and receive either the green card or an advance parole travel document before returning to Canada. If she returns to Canada at any point prior to receiving the GC/AP, she forfeits her status and has to start over with the CR-1 (and optionally K-3) process. She should know going in that the K-1 will mean a significant period of time where she won't be able to travel back and forth between the US and Canada. If that ability is important to her, then she and her SO should explore the CR-1 and K-3 routes. Edited by Stephen + Elisha, 23 October 2009 - 08:36 AM.	Stephen + Elisha	Male	South Korea	2009-10-23 08:30:00
K-1 Fiance(e) Visa Process & Procedures	Do I need to show Canadian ties if I'm under K-1 visa?	A K-1 fiance visa is technically a nonimmigrant visa. But the stated purpose of entry under the visa is to marry the US citizen petitioner within 90 days of entry and adjust status on that basis to lawful permanent resident. It is a nonimmigrant visa insofar as no legal basis for immigration exists yet, i.e., at the time of entry. But it anticipates immigration, and so requires many of the same procedures and processing as an immigrant visa. In short, a K-1 is not really the right choice for you if you just want to come visit. A K-1 is to come here, get married, and file for a green card.	Stephen + Elisha	Male	South Korea	2009-10-22 16:03:00
K-1 Fiance(e) Visa Process & Procedures	I-129F mistake	http://www.visajourn...howtopic=220499 - it's pinned at the top of this forum. And baron555's recollection is correct: there is a USCIS memo to adjudicators stating that the foreign fiance's G-325A need not be signed.	Stephen + Elisha	Male	South Korea	2009-10-20 08:04:00
K-1 Fiance(e) Visa Process & Procedures	The Case Status Reporting System - Jumping beyond or not?	The "Testing and Interview" status does not apply to I-129F petitions. The interview for the K-1 visa is within the purview of the State Department. Once USCIS approves the petition (Decision), they ship it out to NVC where DOS takes over the process. Incidentally, the process of preparing the approved petition to ship to NVC constitutes "Post-Decision Activity," which explains the rapid leap to that status.	Stephen + Elisha	Male	South Korea	2009-10-26 08:21:00
K-1 Fiance(e) Visa Process & Procedures	Must i get new passport if it expires in 2011?	It means an original validity period of at least five years. In other words, a passport issued with a validity period of less than five years (e.g., an emergency replacement passport) cannot be used. (moving to K-1 Process and Procedures) Edited by Stephen + Elisha, 26 October 2009 - 08:55 AM.	Stephen + Elisha	Male	South Korea	2009-10-26 08:54:00
K-1 Fiance(e) Visa Process & Procedures	When did you buy the airline ticket for your Fiancee??	We bought the tickets after NOA2—which was quite a gamble, but we had a very specific timetable in mind. We made it, but only by the skin of our teeth. We ended up having to push back our departure date by 3 days, which fortunately cost us less than 100 dollars apiece. That said, I think the consensus expressed above—wait 'til you have the visa in hand—is wise. (moving to K-1 Process and Procedures - general enough that it fits best there, though it could conceivably go in Embassy and Consulate Discussion as well) Edited by Stephen + Elisha, 23 October 2009 - 09:49 AM.	Stephen + Elisha	Male	South Korea	2009-10-23 09:48:00
K-1 Fiance(e) Visa Process & Procedures	Which VISA or options are best? (Thanks for the help)	QUOTE (Nik+Heather @ Oct 26 2009, 01:46 PM) <{POST_SNAPBACK}> You may find that you have a problem establishing a "domicile" in the US, and you may need to precede your wife to the states in order to set up a household there. I am sure that the DCF forum and your regional forum will be helpful in your research to find what you need to do to prove that. You will run into this problem regardless of which visa you apply for, or which method. Good catch. Even with DCF you have to show that you have a US domicile or are at least in the process of establishing one. As Guangzhou is a difficult consulate, I suspect they are sticklers on this point.	Stephen + Elisha	Male	South Korea	2009-10-26 12:52:00
K-1 Fiance(e) Visa Process & Procedures	Which VISA or options are best? (Thanks for the help)	As far as the visa goes, marrying in China and direct consular filing (DCF) for a CR-1 sounds like the best option for you: it's the cheapest, probably the fastest, and allows much more freedom of travel than the K-1/AOS route. Based on what you've said, it sounds like you're eligible. (see http://guangzhou.use...sas_spouses.htm for more info) Gary was correct: while foreign earned income of up to approximately $87,500 is exempt from US taxation, you must still file US tax returns each year in order to report the income and claim the exemption. This involves filing Form 1040 and Form 2555 (or 2555EZ). You need to get your tax situation squared away before you get to the affidavit of support stage.	Stephen + Elisha	Male	South Korea	2009-10-26 12:50:00
K-1 Fiance(e) Visa Process & Procedures	Electronic Submission of I-129F Package?	No part of the I-129F can be submitted electronically. The USCIS portion of the K-1 process is entirely paper-based. Depending on the embassy/consulate with which you're dealing, you may be able to submit some documents by email. Some consulates are also utilizing the online DS-160 form, which replaces the paper DS-156, DS-156K, and DS-157 (if required). You can find out everything you need to know about this process and the required evidence from the USCIS website and this site. Frankly speaking, unless your case is unusually complicated, consulting lawyers is a waste of your time and money.	Stephen + Elisha	Male	South Korea	2009-10-26 14:58:00
K-1 Fiance(e) Visa Process & Procedures	4 Copies of the G325-A	QUOTE (Gary and Alla @ Oct 26 2009, 04:28 PM) <{POST_SNAPBACK}> If it was going to take a long time to get her signature and IF you already had her signature on the fiancee letter of intent, then I would risk it, but not without sending an attachment requesting she be allowed to sign it at the interview and a copy of that memo which floats around here somewhere. Can that be put in the VJ sample forms or something? Memo is here: http://www.uscis.gov...325A_110105.pdf But this seems to be a case of "topic creep" - the OP simply asked about the number of pages/copies requirement for the G-325A. The signature issue snuck in somewhere down the line.	Stephen + Elisha	Male	South Korea	2009-10-26 15:35:00
K-1 Fiance(e) Visa Process & Procedures	4 Copies of the G325-A	QUOTE (baron555 @ Oct 26 2009, 04:09 PM) <{POST_SNAPBACK}> You guys have got it all wrong. The old form was a four page form with all four pages nearly identical to each other. One signed each of the four pages and submitted thsoe. Now USCIS has changed the form to a one page form which you sign and submit just that form. Also is you read the sticky, a conversation with a VSC director yields that the foreign fiance(e) doesn't really need to provide an original signature but not all adjucators may be aware of this. The recommendation is to print and include a copy of the USCIS memo that says this. So old form, four pages. New form, one page. No additional copies to be sent. I wouldn't say they've got it "all wrong." There was a lot of confusion over this until recently, because the USCIS website still said the G-325A was a 4-page form even after the new 1-page form was uploaded. USCIS has only recently rectified the discrepancy on their website. The VJ guides still state that people should submit 4 identical copies, so the continued confusion over this point is understandable. The VSC director quoted in the pinned post says they only use 2 copies at the service center. That said, submitting just the 1-page form as posted will not result in an RFE. The director confirmed this in a follow-up response, and it is further corroborated by numerous recent posters who have submitted just 1 page each and gotten approved without RFEs. The signature issue is an entirely separate issue from the question asked in this thread. Your summary is correct: old form = 4 pages; new form = 1 page, no additional copies necessary. Edited by Stephen + Elisha, 26 October 2009 - 03:24 PM.	Stephen + Elisha	Male	South Korea	2009-10-26 15:24:00
K-1 Fiance(e) Visa Process & Procedures	4 Copies of the G325-A	QUOTE (gene mccluney @ Oct 26 2009, 04:03 PM) <{POST_SNAPBACK}> Somewhere else on this website, there was a director from the Vermont Service center that plainly stated in an interview that 2 copies are sufficient. They just throw the extra 2 copies away. Thats 2-copies per person. 2 for you, 2 for your fiancee. The Q&A with the director is pinned at the top of this forum.	Stephen + Elisha	Male	South Korea	2009-10-26 15:04:00
K-1 Fiance(e) Visa Process & Procedures	G-325a Need original financee signature? or is fotocopy ok?	QUOTE (Minya's wife @ Oct 26 2009, 08:55 AM) <{POST_SNAPBACK}> the g-325A biographic form must contain the original signature of the person its for, and must contain it in quadruplicate. photocopies of this form are not accepted. Not so much. Per USCIS policy, G-325As for beneficiaries residing abroad are acceptable without signatures: http://www.uscis.gov...325A_110105.pdf (see also Gary's chat with a VSC director, pinned at the top of this forum). Also confirmed by the VSC director is that four copies of the G-325A are no longer required. The service centers need two at most; they've been tossing the extra copies for years now. Recent days have seen numerous posts by people who submitted only the new single-page version of the form and were approved without RFEs.	Stephen + Elisha	Male	South Korea	2009-10-26 08:02:00
K-1 Fiance(e) Visa Process & Procedures	G-325a Need original financee signature? or is fotocopy ok?	Read the pinned topic at the top of this forum entitled "K-1 petition information: chat with VSC director." -> http://www.visajourn...howtopic=220499 In there, you'll see that the foreign fiance's (beneficiary's) signature is technically not required on the G-325A for the I-129F submission. There is a USCIS policy memo to adjudicators stating this, and it's been verbally confirmed by the VSC director. That said, there have been cases of adjudicators who apparently didn't get the memo (literally), and have sent RFEs for signatures. So... if you can stand to wait an extra week or two, email the completed G-325A to your fiancee and get her to sign it and send it back to you by EMS. If you can't, then include an explanatory note stating that in accordance with USCIS policy, your fiancee will sign the G-325A at the time of her interview.	Stephen + Elisha	Male	South Korea	2009-10-26 07:56:00
K-1 Fiance(e) Visa Process & Procedures	Did I make a HUGE mistake?	QUOTE (Ney @ Oct 26 2009, 12:46 PM) <{POST_SNAPBACK}> NVC has a twenty four hour automated system that you can call and enter your case number. http://www.visajourn...omated_Messages Maybe you can try it today and call them live agian in the morning. K-1s are generally not entered into the automated system, so this is probably a non-starter.	Stephen + Elisha	Male	South Korea	2009-10-26 11:51:00
K-1 Fiance(e) Visa Process & Procedures	Received NOA2 but need to cancel application	Sorry that things aren't working out for you guys. As for your timeline, you can update it here: http://www.visajourn...eline/intro.php In regards to "cancelling the application," One option would simply be to let the petition "die." An approved I-129F petition (NOA2) is valid for four months. Your fiance (or ex-fiance, as the case may unfortunately be) cannot interview and receive a visa without an I-134 Affidavit of Support from you. If you simply decline to provide this, the NOA2 will expire. If you wish to do something more formal, my suggestion would be to write a letter to the service center that processed your I-129F. Reference the receipt number and beneficiary's name and date of birth, and state that you wish to withdraw the referenced Petition for Alien Fiance. Mail or fax a copy of the letter to the appropriate embassy. (moving to K-1 Process and Procedures)	Stephen + Elisha	Male	South Korea	2009-10-26 09:33:00
K-1 Fiance(e) Visa Process & Procedures	I-94	QUOTE (julis82 @ Oct 26 2009, 10:53 AM) <{POST_SNAPBACK}> We will be sending the Adjustment of Status document on the mail this week. We didn't had the money to pay for earlier. 90 days from June 2 was August 31, if my calculations are correct. So you are going on 60 days out of status. You need to file AOS as soon as possible. You did marry within the 90 days, so you are still eligible to adjust. But—unless I'm mistaken—you are currently out of status; you need to rectify that by filing for AOS without any further delay.	Stephen + Elisha	Male	South Korea	2009-10-26 10:02:00
K-1 Fiance(e) Visa Process & Procedures	I-94	QUOTE (julis82 @ Oct 26 2009, 10:21 AM) <{POST_SNAPBACK}> I entered the country jun02 2009 and got married jun12 2009. So, my I-94 is not expired, right? QUOTE (julis82 @ Oct 26 2009, 12:13 PM) <{POST_SNAPBACK}> I need help to see if my I-94 expired...i have no idea how to check that. Can someone help? Thx a lot! Have you filed for adjustment of status (green card)?	Stephen + Elisha	Male	South Korea	2009-10-26 09:38:00
K-1 Fiance(e) Visa Process & Procedures	I-94	QUOTE (julis82 @ Oct 26 2009, 10:13 AM) <{POST_SNAPBACK}> I need help to see if my I-94 expired...i have no idea how to check that. Can someone help? Thx a lot! Check the date stamped on it. Compare to the current date. If the current date is past the date stamp, the I-94 is expired. Just for reference, the expiration date on your I-94 is 90 days after you entered the United States on your K-1 visa. If it has been more than 90 days since you entered, and if you have not yet married the petitioner, your I-94 is expired AND you are out of status. (moving to K-1 Process and Procedures)	Stephen + Elisha	Male	South Korea	2009-10-26 09:17:00
K-1 Fiance(e) Visa Process & Procedures	Letter of intent	QUOTE (jkminney @ Oct 28 2009, 04:20 PM) <{POST_SNAPBACK}> When it comes time for the interview do you need to file ANOTHER letter of intent? We each filed one when we sent the packet just wondering if we both need to do knew letters at the time of the interview. It depends. Some consulates ask for a new one, others don't. I wrote one just in case, but the consulate in Seoul never asked to see it. One particular instance where it's often required is if the interview is going to take place more than 4 months after NOA2. An approved I-129F has a validity of four months, so consulates generally require a new letter of intent from the US citizen fiance to revalidate the approval if the visa cannot be issued before four months have elapsed. That said, if a new letter of intent is required, it's usually only for the US citizen. The visa applicant affirms his/her intent to marry the petitioner when he/she signs the DS-156K at the interview. QUOTE (evey @ Oct 28 2009, 04:35 PM) <{POST_SNAPBACK}> QUOTE (evey @ Oct 28 2009, 01:37 PM) <{POST_SNAPBACK}> Hi, hope someone can clarify the letter of intent for me I have read several posts about this but the more I read the more confused I get. here are my questions: Do we put OUR address separately on each, my address for me and his address for him and BOTH the service center and the consulates addresses on as well? and do they have to be dated and if so can I write the date in? We have already printed these out an signed them but with no date. Thanks in advance for any clarification Thank you for clarifying this. So my SO (beneficiary) will have to send me a corrected letter and he should date it? Hard to say for sure—I think I would, just to be on the safe side.	Stephen + Elisha	Male	South Korea	2009-10-28 15:45:00
K-1 Fiance(e) Visa Process & Procedures	Letter of intent	First of all, don't stress about this. The "letters of intent" don't have to be formal letters at all—the instructions call for "original statements" of intent. That said, most people structure their "original statements" as letters. Well and good. You structure the letter as you would any other business letter: At the top goes the writer's name and address. For your letter, use your name and address. Your fiance uses his name and address at the top of his. You do not include both addresses—all this will do is possibly confuse the adjudicator as to whose letter it is. Next comes the "inside address" of the addressee. For the I-129F submission, the addressee is the United States Citizenship and Immigration Services service center where you're filing. If you need to do a second letter of intent for the consulate, the addressee for that second letter will be the consulate. Do not include both addresses. Include the one address that is appropriate to your current stage in the process. Date the letter. The date should be the date the letter is signed. Don't write in a later date on your fiance's letter after you receive it from him. Edited by Stephen + Elisha, 28 October 2009 - 03:14 PM.	Stephen + Elisha	Male	South Korea	2009-10-28 15:13:00
K-1 Fiance(e) Visa Process & Procedures	NOA2 does not seem to follow the VisaJourney Timeline!?	For some reason, the NOA2s (at least from VSC) contain this misleading language about forwarding to the listed consulate. Mine said the same thing. You can be certain that your petition will go through NVC like all other approved I-129Fs. After NVC has received the approved petition package from VSC and completed their processing, it will forward it to the "listed consulate." By the way, you did list a consulate on the I-129F. That's where the petition will be forwarded by NVC. Also, you have no reason to be worried yet. After NOA2, it takes a minimum of 2-3 days for NVC to receive the file, sometimes more. Edited by Stephen + Elisha, 28 October 2009 - 03:50 PM.	Stephen + Elisha	Male	South Korea	2009-10-28 15:48:00
K-1 Fiance(e) Visa Process & Procedures	Need to leave the US after entry on K1 due to death in the family.	OP, condolences to you. You may wish to post your question about expedites to the Traveling and Working prior to Getting a Green Card forum and/or the AOS forum. Make sure you include your application for advance parole (AP) with your I-485 AOS package. Then make an InfoPass appointment to see about expediting the AP due to your mother's passing. I suspect you'll have better luck with that than with trying to expedite the AOS.	Stephen + Elisha	Male	South Korea	2009-10-28 09:57:00
K-1 Fiance(e) Visa Process & Procedures	Can i go to the US while my K1 is in procees?	QUOTE (layla40 @ Oct 28 2009, 01:54 PM) <{POST_SNAPBACK}> ok..but i meaned the k3 spouse visa ...what is that? isnt that a visa for people that married while they are in the usa with another visa that is not k1 ? Nope. K3 is a nonimmigrant spousal visa. Generally they will have married outside the US, but sometimes inside. K3 is really somewhat obsolete; it was intended to allow married couples to be together in the US sooner at a time when the IR-1/CR-1 processing times were VERY long. Now the processing times are very similar, so there's really not much point of pursuing the K3 in most cases. Sometimes people who are in the US on nonimmigrant visas (student, work, exchange, etc.) meet an American and decide to get married. They are permitted to adjust status while in the US. The difference between this and the situation you described (entering on a tourist visa, marrying, and adjusting status) is that they did not enter with immigrant intent. They didn't come here with the specific intention of marrying and immigrating. (If they did, then they also committed immigration fraud.) You have a fiance. If you enter the US on your tourist visa, you are required to certify to the immigration officer at the point of entry that you intend to leave the United States before your authorized stay expires. If you make this certification knowing full well that you intend to marry and adjust status, you are lying to an immigration officer of the United States, misrepresenting material facts, and using a nonimmigrant visa with intent to immigrate. These are all violations of the Immigration and Nationality Act, and all can result in your deportation, permanent ineligibility for immigrant status, and lifetime ban on travel to the US.	Stephen + Elisha	Male	South Korea	2009-10-28 13:02:00
K-1 Fiance(e) Visa Process & Procedures	Can i go to the US while my K1 is in procees?	QUOTE (layla40 @ Oct 28 2009, 01:44 PM) <{POST_SNAPBACK}> and what would happen if i marry my fiance while im in the US with a tourist visa? is that illegal? would it complicate things? i heard that with a good lawyer i can apply for my change of status with no problem and i dont have to go back to my country again ...is that true? If you enter the United States on a tourist visa with the intent of marrying and adjusting status, that is immigration fraud and can result in a lifetime ban from the United States. Do not play around with this. Do it the right and legal way. There are lawyers out there who will advise you to commit immigration fraud in this manner, and will offer advice and assistance in doing so. It's still immigration fraud, it's still illegal, it's still wrong, and you can still get caught and get banned for life. Edited by Stephen + Elisha, 28 October 2009 - 12:49 PM.	Stephen + Elisha	Male	South Korea	2009-10-28 12:47:00
K-1 Fiance(e) Visa Process & Procedures	Can i go to the US while my K1 is in procees?	QUOTE (layla40 @ Oct 28 2009, 12:56 PM) <{POST_SNAPBACK}> ok but at my arrival i have to say that my k1 is in process? or can i say that im there just for tourism? ( in that case they would know if im lying because at the airport they know that my k1 is in process or they dont know nothing? thanks diana You don't have to volunteer extra information, but don't lie either. If the primary purpose of your trip is to visit your fiance, say so. They will be able to see that you've applied for a K1, so be forthright about it. The pending K1 shows that you have immigrant intent. So there's an additional burden to overcome in order to be allowed entry on a visitor visa. But it can be done. VisaJourney has an FAQ that gives a lot of good advice: http://www.visajourn...mp;page=k1visit QUOTE (layla40 @ Oct 28 2009, 01:02 PM) <{POST_SNAPBACK}> sorry and what is POE? POE = Point Of Entry; the place where you enter the United States and undergo immigration and customs inspection. Edited by Stephen + Elisha, 28 October 2009 - 12:09 PM.	Stephen + Elisha	Male	South Korea	2009-10-28 12:08:00
K-1 Fiance(e) Visa Process & Procedures	Estimated Total Cost of K1 Visa	QUOTE (K and L @ Oct 28 2009, 09:39 PM) <{POST_SNAPBACK}> After the marriage ($1390): * $1050 (AoS, mailing the AoS to USCIS, ordering the marriage certificate) * $340 (EAD, work authorization after the marriage, while waiting for the green card) File for EAD concurrently with AOS. No $340 fee.	Stephen + Elisha	Male	South Korea	2009-10-28 20:43:00
K-1 Fiance(e) Visa Process & Procedures	Estimated Total Cost of K1 Visa	Don't forget about AOS fees after she arrives - they are significant. A good breakdown of costs (and comparison with the spousal visa) is at http://www.fianceand...a.com/FEES.html	Stephen + Elisha	Male	South Korea	2009-10-28 12:33:00
K-1 Fiance(e) Visa Process & Procedures	VWP overstay - how will it affect K-1 visa?	Had you applied and been pre-authorized through ESTA (Electronic System for Travel Authorization) as required for all VWP travelers from January 2009?	Stephen + Elisha	Male	South Korea	2009-10-29 15:02:00
K-1 Fiance(e) Visa Process & Procedures	NEXT STEP WAY TO CONFUSED RIGHT NOW!!!	QUOTE (Mystic Heart @ Oct 28 2009, 10:07 AM) <{POST_SNAPBACK}> THERE IS IN FACT A WAY TO CHECK IT ONLINE for the update of your status. here's the website: https://egov.uscis.g...tomerRegSave.do goodluck <3 This site does not allow you to check your status at NVC. It is only for the USCIS portion of the process. The only way to check the status of a K-1 petition at NVC is to call and talk to an operator: K-1s are not generally entered into the automated system, so attempting to obtain your status through the AVR will result in a "case not found" response.	Stephen + Elisha	Male	South Korea	2009-10-28 09:45:00
K-1 Fiance(e) Visa Process & Procedures	NEXT STEP WAY TO CONFUSED RIGHT NOW!!!	QUOTE (rcems543 @ Oct 28 2009, 12:07 AM) <{POST_SNAPBACK}> I am just a little ahead of you my friend and will tell you what has happened so far for us. i received a letter from the NVC stating that they received the approval of eligibility from the USCIS. The first bill is $70 and you will have to send in DS-3032 choice of agent and address form. I know that an choice of agent and address form was sent with the USCIS form but another one has to be completed since it is with a different agency i suppose. I paid for and sent that form in this month as of October 6th. Amazingly 20 days later on october 26th i receive another request for payment. This one is $400 which is the IV fee and i have to send in the I-864 affidavit of support forms which i will sent tomorrow via Fed Ex. I sent the first set of documents Fed Ex as well. So that is where i am at, just two or three steps ahead of you. Concerning the website, the only thing that i have found so far is the payment online section, but that is not eligible until you receive your first request for payment because you will need numbers from that form to enter into the payment site with. I am not familiar with the faxing of packet three. I hope this helps because it can be very confusing. A friend of mine went through this with him wife about 7 years ago and he thought he was all familiar with the process and forms. Just from then to now things have changed dramatically. i will just be very happy once i have my wife with me and to be done with all of this. Please if you just let me know how things are going for you in the process. You may come across something that i could learn and we can help each other if and when it is needed. Take care and i wish you all the best of luck..paul The OP should disregard this post, as it pertains to the IR-1/CR-1 spousal visa process, not the K-1 fiance visa process.	Stephen + Elisha	Male	South Korea	2009-10-28 09:03:00
K-1 Fiance(e) Visa Process & Procedures	I-129F question 11: Have you ever filed for this or any other alien fiance?	QUOTE (ilya_s @ Oct 30 2009, 09:20 AM) <{POST_SNAPBACK}> 1. Question 11 does state "Have you ever filed for this or any other alien fiance or husband/WIFE before" and my ex was indeed my wife at the time of I-485 submittal. 2. I believe (and my memory may fail me on this one) that along with I-485 we filed I-130(Petition for Alien Relative), at least it would make sense for us to have filed it the way the adjustment process is set up. Does that change things? Yes, that changes things. Your ex-wife filed I-485, but you had to file an I-130 Petition for Alien Relative to provide a basis upon which she could adjust status. So yes, you have filed for an alien wife before, so the answer to #11 on the I-129F is YES. If you don't know her alien number, put "Unknown" as previously stated. Just provide as much information as you can about your ex and the "result" (i.e., petition approved, adjustment of status approved, etc.), using a supplemental sheet if necessary.	Stephen + Elisha	Male	South Korea	2009-10-30 08:26:00
K-1 Fiance(e) Visa Process & Procedures	K1 and working abroad	QUOTE (Arcadia @ Oct 30 2009, 12:19 AM) <{POST_SNAPBACK}> Is it possible to switch from a K1 visa to a K3 visa? We got the NOA1 for the K1 visa a week ago. Thanks! No, it's not possible to switch. You can write a letter to the service center to withdraw your K1 petition, get married, and refile using an I-130 for a CR-1 immigrant spouse visa. (The K3 is essentially obsolete and not worth pursuing in the vast majority of cases - see http://www.fianceand...m/Visa_FAQ.html.)	Stephen + Elisha	Male	South Korea	2009-10-30 09:03:00
K-1 Fiance(e) Visa Process & Procedures	I WAS A K-1 AND MY I-94 WAS VALID FOR 15 MONTHS	QUOTE (john_and_marlene @ Oct 30 2009, 12:27 PM) <{POST_SNAPBACK}> Here is the reference everyone seems to be looking for from the USCIS website. It used to be easier to find and was on their FAQs, but now is buried deeper. Fiance(e) You were a fiancé who was admitted to the United States on a K-1 visa and then married the U.S. citizen who applied for the K-1 visa for you. (If you married the U.S. citizen but not within the 90-day time limit, your spouse also must now file USCIS Form I-130, Petition for Alien Relative ). Your unmarried, minor children are also eligible for adjustment of status. See How Do I Bring My Fiancé to the United States? for more information. If you did not marry the U.S. citizen who filed the K-1 petition in your behalf, or if you married another U.S. citizen or lawful permanent resident, you are not eligible to adjust status in the United States. http://www.uscis.gov...00048f3d6a1RCRD edited to bold Great find.	Stephen + Elisha	Male	South Korea	2009-10-30 11:51:00
K-1 Fiance(e) Visa Process & Procedures	I WAS A K-1 AND MY I-94 WAS VALID FOR 15 MONTHS	QUOTE (rebeccajo @ Oct 29 2009, 10:36 PM) <{POST_SNAPBACK}> QUOTE (Stephen + Elisha @ Oct 29 2009, 11:16 AM) <{POST_SNAPBACK}> pushbrk is right. The time to press this point would have been immediately after the immigration judge issued his ruling. While he may have erred in ruling that your K-1 status prevented you from adjusting on the basis of an I-130, you would have needed to appeal the ruling in order to pursue this. By leaving the US under voluntary departure, this avenue was permanently closed to you. It sounds like you may have been done a disservice by your immigration attorney in that no appeal was pursued. Perhaps he deemed your best option to be accepting the voluntary departure and reapplying with a spousal visa from outside the US. In any case, what's done is done, and you now need to focus on the present—the upcoming interview and the need to prepare for the waiver process if necessary. Good luck to you. An I-130 cannot be filed after removal procedures have begun. The judge made no error. Got that. I was speaking based on the OP's statement that the judge would not allow his wife to adjust status based on an I-130 because she had entered as a K-1. It's now clear that the OP was mistaken in his understanding of the ruling: the judge could not allow them to adjust status based on an I-130 because that I-485 and underlying I-130 were not filed until removal procedures had already begun. Unfortunately, the OP erred in failing to marry within the 90 days, then compounded that error by attempting to adjust based on marriage outside the 90 days without filing an I-130 to provide a basis for adjustment (since the K-1 no longer provided such a basis because the 90 day condition was not fulfilled). Have I missed anything?	Stephen + Elisha	Male	South Korea	2009-10-30 08:53:00
K-1 Fiance(e) Visa Process & Procedures	I WAS A K-1 AND MY I-94 WAS VALID FOR 15 MONTHS	QUOTE (pushbrk @ Oct 29 2009, 10:52 AM) <{POST_SNAPBACK}> QUOTE (klicristina @ Oct 29 2009, 07:37 AM) <{POST_SNAPBACK}> QUOTE (pushbrk @ Oct 29 2009, 12:38 AM) <{POST_SNAPBACK}> QUOTE (Dakine @ Oct 28 2009, 08:13 PM) <{POST_SNAPBACK}> QUOTE (klicristina @ Oct 28 2009, 04:55 PM) <{POST_SNAPBACK}> I entered the US on a K-1 visa, I got married outside the 90 days, and my I-94 is valid for 15 months instead of the normal 3 months. This is not a normal situation so I want to know when am I out of status - after 90 days or after 15 months after arrival? Doesn't really matter as a K1 is a single entry visa. LOTS of people are out of status after the 90 days which doesn't really affect their process. Rare when a K1 out of status gets busted before they file to adjust status. As Otto and Karin mentioned. You are probably listed as 90 days in the system. It just means your husband will need to file an I-130 together with the I-485 when you attempt to adjust status. The terms of your visa dictate this. You must marry within the 90 days in order adjust without an I-130. Could you please direct us to the website that states the law to backup your claim that a K-1 can still adjust after the 90 days by filing an I-485 and I-130? Thank-you I could but it doesn't apply to you. Adjustment of status is done from inside the USA. You left. pushbrk is right. The time to press this point would have been immediately after the immigration judge issued his ruling. While he may have erred in ruling that your K-1 status prevented you from adjusting on the basis of an I-130, you would have needed to appeal the ruling in order to pursue this. By leaving the US under voluntary departure, this avenue was permanently closed to you. It sounds like you may have been done a disservice by your immigration attorney in that no appeal was pursued. Perhaps he deemed your best option to be accepting the voluntary departure and reapplying with a spousal visa from outside the US. In any case, what's done is done, and you now need to focus on the present—the upcoming interview and the need to prepare for the waiver process if necessary. Good luck to you.	Stephen + Elisha	Male	South Korea	2009-10-29 10:16:00
K-1 Fiance(e) Visa Process & Procedures	K1- Waiting embassy interview date - but get USCIS update - anything to worry about?	Sounds like the USCIS system doesn't know how to properly categorize the status of a case where a duplicate notice has been issued. Considering that you've gotten NOA2 and there were delivery issues, this is in all likelihood referring to a duplicate NOA2 having been issued. Nothing to worry about. Your case is not back at CSC—there's a different message to indicate that. I think you have nothing to worry about.	Stephen + Elisha	Male	South Korea	2009-10-28 14:22:00
K-1 Fiance(e) Visa Process & Procedures	most recent G325A fillable?	http://www.uscis.gov...form/g-325a.pdf	Stephen + Elisha	Male	South Korea	2009-11-01 19:00:00
K-1 Fiance(e) Visa Process & Procedures	k1 fee address...need help pls...	http://www.uscis.gov...I-129Finstr.pdf Page 5. If you missed this, you've probably missed something else. Read the instructions again.	Stephen + Elisha	Male	South Korea	2009-11-01 18:53:00
K-1 Fiance(e) Visa Process & Procedures	k1 fee address...need help pls...	and the I-129F instructions. In full. Carefully. Preferably more than once. Then, if something is unclear, come here and ask.	Stephen + Elisha	Male	South Korea	2009-11-01 16:33:00