ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresG325A Biographical info form
My fiancee from England will be here only a few more days before she fly's back home and it will be a few months before we see each other again. Since I plan on sending in the initial K1 package, is there any thing that I should think about getting from her or she should do or write while she is still here that will make things easier? I had her go ahead and compose a short "letter of intent" by taking the sample and having her fill in the person specific things like name, address, date and she signed it in ink. We simply used the basic letter, not embellishing it or anything. We also went to Walmart and she made a passport type photo for the biometrics sheet and she filled out and signed it too. I only have to fill in a birthday she couldn't remember for her parents.

Suggestions? Hints?

CoffeeMuseMaleUnited Kingdom2009-09-23 10:08:00
K-1 Fiance(e) Visa Process & ProceduresG325A Biographical info form
Thanks. I'm just chewing though this stuff now putting the package together while my fiancee is here visiting with me.

I also want to include:

Proof we met in past 2 years and proof of ongoing relationship. My fiancee has saved her plane tickets from her April 2009 trip but they are in England. She has ticket stubs from her trip over and I have my plane ticket stubs from my trip over to England (lost my stubs from the return trip).

I don't want to flood them with stuff but want to have sufficient proof. What is considered sufficient? If I submit out stubs from my trip to England and hers from her trip her in August is that sufficient for proof we met? As for ongoing relationship, other than actual visits, most of our communication has be via the internet so proof would be not much other than a few cards mailed.
CoffeeMuseMaleUnited Kingdom2009-09-22 14:15:00
K-1 Fiance(e) Visa Process & ProceduresG325A Biographical info form
I am trying to fill out the G325A form. I looked at the example form and it appears that the info at the top is for the foreign financee because the country is listed as Australia. If so, that means the form also needs the names, addresses, birthdates, etc. of the fiancee's parents? The form doesn't clearly state who's information is to be listed but the check list in the guide says the G325A form is to be filled out by the US citizen.

wacko.gif

Can anyone just confirm what/who's info goes on this form?

Thanks!

Edited by CoffeeMuse, 22 September 2009 - 01:43 PM.

CoffeeMuseMaleUnited Kingdom2009-09-22 13:43:00
K-1 Fiance(e) Visa Process & ProceduresPolice clearance
QUOTE (josar @ Aug 28 2009, 07:43 PM) <{POST_SNAPBACK}>
He's been to Qatar 2 years ago..
His cousin us still in Qatar and he inquired on how to get a police clearnce his cousin was advised that my fiancée would need a request form from the embassy and an authorization from my fiancé..

Qatar. Now we're getting somewhere.

http://travel.state....ocity_3654.html

QUOTE
Former residents should write to the Department of Public Security and General Administration, Ministry of Interior, P.O. Box 920, Doha, State of Qatar supported by the following documents:

  1. A letter requesting the issuance of a Police Clearance Certificate from the State of Qatar. The letter should include the purpose in requesting the Police Clearance Certificate, the first date of arrival of the person in Qatar and the last date of departure.
  2. A complete photocopy of all pages of the passport (include copies of all pages, regardless of entries).
  3. A set of fingerprints taken by a competent government authority from the applicant's current place of residence.
  4. 3 passport-size photographs.
  5. A self-addressed return envelope large enough to hold an A4 size document.
The Police Clearance Certificate will be issued in about two weeks and will be mailed to the applicant.

Stephen + ElishaMaleSouth Korea2009-08-28 21:35:00
K-1 Fiance(e) Visa Process & ProceduresPolice clearance
Your post is a little unclear. He inquired with whom? Who asked him for a request form from the embassy? If the police in the other country are asking for a request form from the US Embassy, I suggest that he show the Packet 3 instructions specifying that he needs a police clearance.

Details on obtaining police clearances from various countries: http://travel.state....ocity_3272.html (select the country from the drop-down list)
Stephen + ElishaMaleSouth Korea2009-08-27 17:34:00
K-1 Fiance(e) Visa Process & Procedurespolice certificate USA
QUOTE (payxibka @ Aug 28 2009, 06:49 PM) <{POST_SNAPBACK}>
QUOTE (Bjorn + Felisha @ Aug 28 2009, 05:48 PM) <{POST_SNAPBACK}>
I am applying for a k1 visa and im getting everything ready beforehand so i can speed up the process. I need to get a police certificate from the places i've lived since i was 16. I used to live in the USA for 14 years. and I went back there for a year on internship and just got back 4 months ago. i got a fine for disorderly conduct while i was there and i just wanted to know if i needed to get a police certificate from the USA or do they do the check themselves? and if so where or how do i go about getting one? (i am from wisconsin)


the USCIS will do it

Whoa nellie!

Did you miss the part about the fine for disorderly conduct?

Yes, USCIS will do the police records check—and when that pops up, he's going to need to provide complete arrest and court records showing the disposition of the charges. Those documents need to be obtained from the police department and clerk of the court in the jurisdiction when the offense occurred.
Stephen + ElishaMaleSouth Korea2009-08-28 21:39:00
K-1 Fiance(e) Visa Process & ProceduresWrath of Creditors
In addition to the good comments above, defaulting on debt is considered a criminal offense in some countries. Leaving behind a warrant for one's arrest is not the brightest way to start one's immigration journey.
Stephen + ElishaMaleSouth Korea2009-08-27 23:23:00
K-1 Fiance(e) Visa Process & ProceduresWhen will I get NOA2
QUOTE (joeyandobie @ Aug 30 2009, 12:45 AM) <{POST_SNAPBACK}>
Thanks for your comment. I have another question to ask you about my I-94. I was in the U.S three years ago(2006) for work & travel program and my visa valid till June 9th 2006 and 1 month of traveling till July 9th 2006. I left the U.S on the July 7th 2006 and entry to Thailand July 8th 2006. I reported my arrival back to my country to my program CCUSA with my copy of passport and, the pages the stamped out-in Thailand.

However, this is not seem to be a problem until I found out that I forgot to return my I-94, non of the airline officer, or the U.S immigration took out my I-94 that day I left July 7th 2006. After back to Thailand and report myself I decided to mail back the I-94 to this address
ACS-INS SBU
P.O. Box 7125
London, KY 40742-7125
U.S.A.

As for what I've read on the internet if I failed to send the I-94 I would be overstayed. Will this effected to my K1 visa? How would the immigration know that I was not overstayed?

Regards,
Wikie


Here's all the info you need: http://help.customs....amp;p_topview=1

Edited by Stephen + Elisha, 30 August 2009 - 02:09 PM.

Stephen + ElishaMaleSouth Korea2009-08-30 14:08:00
K-1 Fiance(e) Visa Process & ProceduresWhen will I get NOA2
It can take a week or more for an NOA1 or NOA2 to arrive in the mail.

If you're anxious to start tracking your case, use your bank's online banking website to view the cashed check. If you look at the endorsement area on the back side, you'll find your receipt number. Since you filed at CSC, yours will start with WAC. You can use that to view the case status online and register for status updates via email at the USCIS website.
Stephen + ElishaMaleSouth Korea2009-08-29 06:04:00
K-1 Fiance(e) Visa Process & ProceduresNotarized Statement?
QUOTE (amykathleen2005 @ Aug 30 2009, 03:15 PM) <{POST_SNAPBACK}>
The notarized statement is referred to in the same document as being another statement of intent of the interview is going to be scheduled more that 4 months after NOA2 approval in order to show your continued interest in getting the visa.


good.gif Good one! I totally missed that.

Korgan, your question is answered.
Stephen + ElishaMaleSouth Korea2009-08-30 14:18:00
K-1 Fiance(e) Visa Process & ProceduresNotarized Statement?
QUOTE (Korgan @ Aug 30 2009, 11:23 AM) <{POST_SNAPBACK}>
Hey guys,

I'm about to send off my IV-15 to the embassy (Notification of Applicant Readiness and Checklist) and one of the things on the checklist is 'Notarized Statement'. What is this?

It would help if you specified the embassy to which you're referring. When I googled IV-15, the London embassy came up, so I'm presuming that's what you're talking about.

The checklist from London does indeed list a mysterious "Notarized Statement" with no further explanation. The only reference to a notarized statement I can find in the associated IV-15 instructions are for non-English documents requiring English translations—the translations must be accompanied by a notarized statement from the translator that certifies that the translation is accurate.

If you post this question (or ask a mod to move this thread) to the Embassy/Consulate Discussion forum and make clear that you're talking about London, you might be able to find some people who've been through that consulate before and can answer from experience. good.gif
Stephen + ElishaMaleSouth Korea2009-08-30 14:01:00
K-1 Fiance(e) Visa Process & ProceduresG-325A?
QUOTE (Pwl @ Aug 30 2009, 04:46 PM) <{POST_SNAPBACK}>
QUOTE (apotter @ Aug 30 2009, 01:32 PM) <{POST_SNAPBACK}>
I'm using the new G-325A and when I try to enter date of birth for our family the PDF cuts it off short. What should I do about this? Thanks,


-Andrew


I had the same problem a few weeks ago and used mm/dd/yy format instead of recommended mm/dd/yyyy.
I dont know if its the right way to do this but it seemed better than having last two digits of a year section cut off.



good.gif Another good solution. There's not going to be any doubt about what the first two digits are.
Stephen + ElishaMaleSouth Korea2009-08-30 15:49:00
K-1 Fiance(e) Visa Process & ProceduresFront-loading - is it ever a bad thing?
QUOTE (itzallgood @ Aug 23 2009, 06:22 PM) <{POST_SNAPBACK}>
Personally, I went "bare bones" and just sent in what the 129-F instructions tell us to, and the petition was approved the same week.

At embassy interview, fiancee can come "loaded for bear" with 10 Lbs of supportive evidence in her bag.

Just stick to what the USCIS requirements are, hand that over at the embassy, and fiancee can hold onto more numerous and detailed evidences that can save the day, if needed.

That's all well and good --- front-loading is really not intended for the USCIS stage, but to get As much evidence as possible to the consulate from the get-go.

TBoneTX will advise a HEAVILY front-loaded I-129F package, from (painful) personal experience with the notoriously difficult Guayaquil consulate in Ecuador.
Stephen + ElishaMaleSouth Korea2009-08-23 17:43:00
K-1 Fiance(e) Visa Process & ProceduresK-1
Echoing what others said above: unless you have a case with complicated legal issues (waivers required, etc.), a lawyer is a waste of money.

The same information and evidence is collected whether you prepare the petition yourself or hire a lawyer to do it for you. The only difference is that a lawyer will collect it on his own forms, then give it to his $12/hour transcriptionist to fill in the actual forms.

You might think that a lawyer's experience in the process would prevent problems. You would be wrong. There's a guy in the April 2009 VSC thread in the Progress Reports forum who just got an RFE. His lawyer only copied the information (photo) page of his passport—bonehead mistake. The I-129F instructions clearly state that copies of all pages of the passport, even blank pages, are required. The VJ guides make it even more explicit. That poor guy paid an extra $800, and all he got to show for it was an RFE he would have avoided if he'd prepared his own package utilizing the VJ guides.

A lawyer WILL add cost, and MAY add time to the process. What you do with your time and your money, of course, is ultimately up to you.
Stephen + ElishaMaleSouth Korea2009-08-29 21:43:00
K-1 Fiance(e) Visa Process & ProceduresG-325A
Yes, and don't worry about it—they see lots of petitions where one or both people have periods of unemployment in their work history. smile.gif
Stephen + ElishaMaleSouth Korea2009-08-25 20:10:00
K-1 Fiance(e) Visa Process & ProceduresK-1, I-129F
QUOTE (nate fikkert @ Aug 31 2009, 03:14 PM) <{POST_SNAPBACK}>
the AOS? is that the change of status after the wedding?


yes.gif
Stephen + ElishaMaleSouth Korea2009-08-31 14:17:00
K-1 Fiance(e) Visa Process & ProceduresHow much extra documents to send?
QUOTE (itzallgood @ Aug 31 2009, 09:49 PM) <{POST_SNAPBACK}>
QUOTE (Old Dominion @ Aug 31 2009, 02:54 PM) <{POST_SNAPBACK}>
Just don't overwhelm them with paper. Six photos printed on one sheet of paper is enough. Boarding passes, passport stamps. hotel receipts, etc. of the times you met, a month's phone bill, and a half-dozen recent e-mails...enough already!



I totally agree! If you look like you are trying too hard, you might even look suspicious! blink.gif


It all depends on the consulate you'll be dealing with. The kitchen sink is not necessarily at all for USCIS, but it may well make or break you at the consulate.

Moral of the story: When deciding how much relationship evidence to include in the initial I-129F submission, read up on your consulate and prepare accordingly.
Stephen + ElishaMaleSouth Korea2009-08-31 23:25:00
K-1 Fiance(e) Visa Process & ProceduresHow much extra documents to send?
QUOTE (endoftheroad @ Aug 31 2009, 09:29 PM) <{POST_SNAPBACK}>
Ever heard of "the kitchen sink"? Include that too! Our I-129F package was 109 pages.


Entirely appropriate for your case, as you're going to be dealing with the Guangzhou consulate. By reputation, Seoul is far more laid back (though Elisha tells me there's some talk on the Korean-language visa forums about a bitter lady consular officer who's been known to grill people).
Stephen + ElishaMaleSouth Korea2009-08-31 23:23:00
K-1 Fiance(e) Visa Process & ProceduresHow much extra documents to send?
QUOTE (driver @ Aug 31 2009, 04:21 AM) <{POST_SNAPBACK}>
So I started to print out all the email I've sent to my fiancee and all of hers... I have already burned through an entire ream of paper - and I'm only about 75% done...

Do I really need to send all of these papers in? What is a good amount?

Also, for pictures, do they just need 1 or 2 from each "event" I reference in the "how you met, what circumstances" section (Part B #18 of I-129F)?


For #18, you need to tell and show (i.e., demonstrate by evidence) that you have met in person in the last two years. Primary evidence is what's necessary here, accompanied by secondary evidence if possible. Secondary evidence without primary evidence, however, is not probative and will probably result in an RFE. Refer to the section called "Documentary Proof of Having Met in Person in the Past Two Years and an Ongoing Relationship" from the VisaJourney K1 Guide. The items in #1 are primary evidence, while #2 (photos and the like) are secondary. Emails and the like do not prove meeting, though they do prove an ongoing relationship. This isn't strictly needed for the I-129F, but it can't hurt to include some for the consulate stage. You certainly don't need a ream's worth, though!

So, for #18, make sure you show documentary proof that puts you in the same place at the same time: boarding passes, passport stamps, etc. Then a few photos to bolster that. Don't just send photos though—they're secondary evidence, and secondary evidence without primary doesn't get the job done.

Edited by Stephen + Elisha, 31 August 2009 - 07:52 AM.

Stephen + ElishaMaleSouth Korea2009-08-31 07:49:00
K-1 Fiance(e) Visa Process & ProceduresPassport style photograph
One thing to consider: if you're submitting copies of your fiance's passport (to present entry/exit stamps establishing your in-person meeting, for example), and you submit the same photo as the one on the passport, they're going to know it wasn't taken within 30 days of the petition.

Aside from that, I'm with Mrs Disney: if he still looks the same, no reason not to use it. Heck, I think Gary has said that Alla used the same photo all the way through I-129F, consulate, and AOS without any problems.
Stephen + ElishaMaleSouth Korea2009-09-02 20:37:00
K-1 Fiance(e) Visa Process & ProceduresCivil marrage in US, or Mexico???
Do church weddings in Mexico have civil effect? Or must the marriage be separately registered with the civil authorities before/after the church ceremony to be considered legally valid?
Stephen + ElishaMaleSouth Korea2009-09-03 14:15:00
K-1 Fiance(e) Visa Process & ProceduresI-129F mailed but we forgot to include photos
You included the most important stuff: primary evidence (passport stamps, boarding passes, etc.). Fear not.
Stephen + ElishaMaleSouth Korea2009-09-02 14:19:00
K-1 Fiance(e) Visa Process & ProceduresRe-entering to US after visa K1 without mariage?
QUOTE (Sher&Alex @ Aug 12 2009, 01:05 PM) <{POST_SNAPBACK}>
aie aie aie... sad.gif thank you for your answers. How do you know about the possibility to revalidate the K1? Did you already have or to know a similare experience like this?
My fiancee and I are collapsed... Whe have a little boy who is just 2 months ago ... I had a problem of bank, my credit card has been hacked in US and it was complicated to handle this situation from the US. I just got today the police record in France. I came back in emergency cause I was afraid to lose the money I saved hard to get Us and take of the baby... What drame sad.gif


Check the last item on the FAQ at http://www.visajourn...visa-enter.html and this recent thread: http://www.visajourn...howtopic=200111

Contact your consulate, and be prepared to have your US citizen fiance contact his congressman and/or senators for assistance.

Good luck!
Stephen + ElishaMaleSouth Korea2009-08-12 12:52:00
K-1 Fiance(e) Visa Process & ProceduresRe-entering to US after visa K1 without mariage?
QUOTE (Sher&Alex @ Aug 11 2009, 06:46 PM) <{POST_SNAPBACK}>
Hello everybody,

I got visa K1 in july 2009 and got US the 17 July. I came back to my country 10 August and I hear I cannot to re-enter in the US now? That is true? My fiance and I didn't apply for marriage yet. I guess it's not possible after mariage until get the Greencard?

Thank you for your help



The K-1 is a single-entry visa. If you leave before marrying AND applying for adjustment of status AND receiving your green card or advance parole, you cannot enter again on the K-1.

You can apply to the consulate that issued your K-1 visa (Paris, I'm assuming?) to revalidate it. In certain circumstances (usually bona fide emergencies) they will do this, though they are under no obligation to do so. To have a chance at this, you will have to show that there was a compelling reason for you to depart the US before marrying and applying for AOS. Further, the revalidation does not reset the clock—the visa will only be good for the remainder of the 90 day period that began when you first entered (17 July).

If this doesn't work, you will have to start over with a new I-129F or marry outside the US and file an I-130 for CR-1 status.

Edited by Stephen + Elisha, 11 August 2009 - 05:54 PM.

Stephen + ElishaMaleSouth Korea2009-08-11 17:52:00
K-1 Fiance(e) Visa Process & Procedureswhat happens if we don't get the K-1 in time???
QUOTE (Otto und Karin @ Aug 26 2009, 10:30 PM) <{POST_SNAPBACK}>
You can avoid these kinds of scheduling conflicts by not planning a wedding without knowing when (or if) you'll get the visa. Even USCIS tells you not to make plans like this.

My advice would be to allow for PLENTY (I mean PLENTY) of time if you're going to insist on planning a wedding. What was your estimated wedding date?

Of course USCIS tells you not to make plans like this—they approve applications in whatever order they damn well please. Basically, OP, don't bother making any plans.

Looking on the bright side, however, you're a CSC filer, which means you may actually get approved before the second coming.

(sorry, having a bad night)

Edited by Stephen + Elisha, 26 August 2009 - 09:54 PM.

Stephen + ElishaMaleSouth Korea2009-08-26 21:53:00
K-1 Fiance(e) Visa Process & ProceduresQuestion on NOA2
QUOTE (Zahid1982 @ Aug 31 2009, 07:43 AM) <{POST_SNAPBACK}>
Hi
Our application for K1 visa was recieved by the CSC on July 8, 2009 and the cheque was cashed on July 13, 2009. We recieved NOA1 on July 23, 2009, now my question is how much time does it normally take for USCIS to send NOA2 to the petitioner.

My fiance is in Oregon and i am in India.


Thank you In advance


In addition to the good comments above, you can receive notices by email from USCIS when the status of your case changes. Status changes can be NOA2, or just someone working on your case. Go to www.uscis.gov, find the field marked "Check Case Status" in the lower right hand corner, and enter your receipt number (you can find this on your NOA1 hardcopy or on the back of the check that your fiance wrote for the I-129F filing fee; because your petition was filed at CSC, yours will start with WAC). Then click the option to receive updates by email and answer the questions that follow to create your account.
Stephen + ElishaMaleSouth Korea2009-08-31 07:09:00
K-1 Fiance(e) Visa Process & ProceduresNOA2, no mention of NVC
QUOTE (RankRabbit @ Sep 5 2009, 11:41 AM) <{POST_SNAPBACK}>
Got our approval notice in the mail today. But unlike some of the example I have viewed here on this website it does not mention anything about the NVC. It states, "The above petition has been approved, and fowarded to the listed consulate." Which it doesn't list, maybe we are supposed to assume the embassy in Bogota? Any ideas?


As several others have correctly stated, no one gets to the consulate without going through NVC. Pray that they don't decide to dump it into "additional processing" for too long.

And the "listed consulate" is the one you listed on #20, page 2 of the I-129F.
Stephen + ElishaMaleSouth Korea2009-09-05 21:49:00
K-1 Fiance(e) Visa Process & ProceduresRe-Opening a canceled File
At the very least, it can serve as a cautionary tale to other couples: when it comes to the visa process, don't make decisions in the heat of the moment. You're liable to regret it later. Even if you think it's really over, just let the petition die—if you change your mind later, there may still be time to restart the process. But if you pull the trigger like the OP did, there's no going back—except to square one.
Stephen + ElishaMaleSouth Korea2009-09-06 12:19:00
K-1 Fiance(e) Visa Process & ProceduresSending in K1 in a few days
QUOTE (Bsze @ Sep 6 2009, 08:50 PM) <{POST_SNAPBACK}>
The bank account information contains both our full names, signatures and is dated. We both had to be there to open it. I was hoping that it would count as evidence they we have met. It was not intended as financial information.

I also understand that the letters of intent don't have to be notarized, but by having someone certify that we were both there signing it at the same time, I was hoping that it would count too.

We both studied in the same college, but unfortunately not at the same time. We have been living in the same town for the past 2 years though.


The bank account info doesn't prove anything vis a vis meeting in person, as USCIS doesn't have any way of knowing that you both had to be there to open it. You can open joint bank accounts online nowadays. It'll come in handy at AOS time for showing the bona fides of your marriage (commingling of assets), however.

The notarization is a great idea. You both had to appear in person before the notary, and if it's the same notary and the same date, that's very strong proof. You might want to spell that out in a cover sheet introducing your evidence of meeting in person.
Stephen + ElishaMaleSouth Korea2009-09-06 21:49:00
K-1 Fiance(e) Visa Process & ProceduresFill in your Timeline and get the Reporting you need
QUOTE (kike @ Sep 6 2009, 04:48 PM) <{POST_SNAPBACK}>
That is why I dont understand how some people want to trust the government burocrats with their healthcare.


good.gif
Stephen + ElishaMaleSouth Korea2009-09-06 17:04:00
K-1 Fiance(e) Visa Process & ProceduresK1 Fiance Visa
guides6ly.gif http://www.visajourn...mp;page=k1guide

All your questions are answered there.
Stephen + ElishaMaleSouth Korea2009-09-06 17:37:00
K-1 Fiance(e) Visa Process & Procedureswill i get an RFE?
QUOTE (IloveTofu @ Sep 6 2009, 11:37 PM) <{POST_SNAPBACK}>
I'm hitting myself as I typed this. i double and tripled check my I-129F form on the 4th, and I forgot to check the box where it says if you have commited any crimes?

Am i almost certain i will get an RFE for this?

a few questions.

1. should i resend another application checking the box and writing them a letter, or will that mess things up more
2. should i just wait for them to process and likley send out an RFE? if so, how long does it take them to process RFE after they get the docs back?

thanks alot for the help.


You probably will get an RFE for this.

No guarantee that this will work, but if you want to try to head off the RFE, here's what I'd suggest:

Wait 'til you get NOA1 or at least until you get your receipt number by viewing the cashed check through your online banking website (presuming you wrote a check and use online banking, of course).

Once you have the receipt number, copy out the text of Part C, Question 2 on page 3 of the I-129F (the part you forgot to answer) and check the appropriate answer. Be sure to include the receipt number and the full names of the petitioner and beneficiary. The document attached to this message is a sample including all the necessary elements. It couldn't hurt to have your signature notarized, but it's probably not necessary.

Send this with a cover letter containing all the same identifying information—receipt number, petitioner's name, beneficiary's name—and stating that you realized after submitting the form that you neglected to answer Part C, Question 2 on page 3 and that you've included a supplement answering that question.

Again, this may or may not work, but if I were you, I'd give it a try. Good luck!
Stephen + ElishaMaleSouth Korea2009-09-07 00:11:00
K-1 Fiance(e) Visa Process & ProceduresDCF and I-129F possible?
QUOTE (bigcasino75 @ Sep 8 2009, 11:20 AM) <{POST_SNAPBACK}>
QUOTE (Stephen + Elisha @ Sep 8 2009, 06:38 AM) <{POST_SNAPBACK}>
QUOTE (DaveHorton @ Sep 8 2009, 08:53 AM) <{POST_SNAPBACK}>
Is DCF possible with an I-129F? Living in the Philippines at the moment and hoping to marry in the States, but it seems that DCF implies IR1/CR1 rather than K1... Anyone know the answer?


DCF is specifically forbidden in the section of law that governs the K-1 fiance visa classification—Immigration and Nationality Act 214(d), found at 8 USC 1184(d). It states that the visa is issued upon approval of "a petition filed in the United States," which USCIS and the State Department interpret as excluding the possibility of filing the I-129F abroad.



Could you file from there and mail it to the US? Maybe have a friend or family member sent it for you and use there address? I dont know if this would work or not but just a idea


Sure. If you're living overseas and want to file an I-129F, you generally send it to the service center that serves your last stateside residence. The I-129F instructions have more details.

But if you've been residing in a foreign country for long enough to qualify for DCF (generally six months), getting married over there and filing an I-130 at the embassy is a far quicker option.
Stephen + ElishaMaleSouth Korea2009-09-08 10:25:00
K-1 Fiance(e) Visa Process & ProceduresDCF and I-129F possible?
QUOTE (DaveHorton @ Sep 8 2009, 08:53 AM) <{POST_SNAPBACK}>
Is DCF possible with an I-129F? Living in the Philippines at the moment and hoping to marry in the States, but it seems that DCF implies IR1/CR1 rather than K1... Anyone know the answer?


DCF is specifically forbidden in the section of law that governs the K-1 fiance visa classification—Immigration and Nationality Act 214(d), found at 8 USC 1184(d). It states that the visa is issued upon approval of "a petition filed in the United States," which USCIS and the State Department interpret as excluding the possibility of filing the I-129F abroad.
Stephen + ElishaMaleSouth Korea2009-09-08 08:38:00
K-1 Fiance(e) Visa Process & Proceduresis this a red flag?
Like I said, Gary, I'm not negating your family's experience. But your family's experience is just that: your family's experience. It's not normative. One consulate's practice is not normative, for that matter.

On the other hand, the Foreign Affairs Manual is the State Department's book of standard procedures that are in force worldwide. It is normative. Practices at particular consulates that differ from what is set out in the FAM are exceptions to the rule, departures from the norm. Ukraine doesn't require the DS-230? Fine. Ukraine is an exception. As Jim said earlier, DS-230 is pretty common—which is to be expected, as it's specified in the normative FAM.

Yes, your family has their green cards. Congratulations. You have some worthwhile experience to share. But your experience doesn't make you infallible.
Stephen + ElishaMaleSouth Korea2009-09-08 00:35:00
K-1 Fiance(e) Visa Process & Proceduresis this a red flag?
QUOTE (Gary and Alla @ Sep 7 2009, 04:19 PM) <{POST_SNAPBACK}>
QUOTE (Stephen + Elisha @ Sep 7 2009, 01:36 AM) <{POST_SNAPBACK}>
QUOTE (JimVaPhuong @ Sep 7 2009, 01:17 AM) <{POST_SNAPBACK}>
Thanks, Gary. I've only read what's in packet 3 for a few consulates, and the DS-230 seemed to be one of the handful of forms that was pretty common.


It's interesting. The Foreign Affairs Manual (9 FAM 41.81 Procedural Notes, http://www.state.gov...ation/87393.pdf) does not list the DS-230 as a required document (cf PN 1), but later refers to DS-230 as part of Packet 3 (PN 3.2) and states that DS-230 is necessary to initiate clearance procedures (PN 3.3).


The K-1 is a NON immigrant visa and as such does not require a DS-230 form which is for immigrant visas. However, many consulates treat the K-1 as an immigrant visa and require the DS-230 for whatever purpose they deem necessary. Consulates have huge latitude on what they can require before issuing visas. I have always imagined though that at some point the DS-230 must get tossed or simply put to the back of the file in the "facetious BS" tab as it simply is not required at any point in the visa or AOS process for the K-1. There just is no use for it, officially.


Gary, you might try actually reading the link I posted. 9 FAM 41.81 is the section of the Foreign Affairs Manual that covers the K-series visas. PN 3.2 refers to DS-230 as part of the packet that is to be sent to beneficiaries of an approved petition for alien fiance. PN 3.3 says that the consulate is to initiate clearance procedures (which for a K visa are the same as IV clearance procedures) when the DS-230 is received. My suspicion is that they use the biographical data on the DS-230 to help clear up any name hits that come up in CLASS, as well as to determine whether they need to cable for any security advisory opinions (Visas Viper, Visas Condor, etc.) based on the applicant's employment or residence history. Of course, that's pure supposition, as 9 FAM Appendix G (Clearance Procedures) is classified.

I'm not denying that Kiev didn't require the DS-230 for Alla's visa application. You are correct in saying that the individual consulates have wide latitude in what they require. But considering that the State Department's Foreign Affairs Manual specifically references the DS-230 as part of the K-1 issuance procedure, your contention that "[t]here just is no use for it, officially" is patently false.

Edited by Stephen + Elisha, 07 September 2009 - 11:47 PM.

Stephen + ElishaMaleSouth Korea2009-09-07 23:45:00
K-1 Fiance(e) Visa Process & Proceduresis this a red flag?
To be fair, pushbrk is one of the most knowledgable and helpful members on VJ. I just wish he'd tone down the condescension a couple notches.
Stephen + ElishaMaleSouth Korea2009-09-07 10:28:00
K-1 Fiance(e) Visa Process & Proceduresis this a red flag?
QUOTE (pushbrk @ Sep 7 2009, 01:24 AM) <{POST_SNAPBACK}>
There's a great deal of emphasis placed on truthful answers and some significant penalties for getting caught lying on immigration forms or to immigration officials. When you grow up, you'll learn that, "I didn't want the truth known." is not an excuse for lying.


Geez... I'm all about encouraging truthfulness and completeness in completing immigration forms, but this is a bit over the top. Ever consider changing your member rank from "Straight Talk Member" to "Snarky Member"? blink.gif
Stephen + ElishaMaleSouth Korea2009-09-07 00:39:00
K-1 Fiance(e) Visa Process & Proceduresis this a red flag?
QUOTE (JimVaPhuong @ Sep 7 2009, 01:17 AM) <{POST_SNAPBACK}>
Thanks, Gary. I've only read what's in packet 3 for a few consulates, and the DS-230 seemed to be one of the handful of forms that was pretty common.


It's interesting. The Foreign Affairs Manual (9 FAM 41.81 Procedural Notes, http://www.state.gov...ation/87393.pdf) does not list the DS-230 as a required document (cf PN 1), but later refers to DS-230 as part of Packet 3 (PN 3.2) and states that DS-230 is necessary to initiate clearance procedures (PN 3.3).
Stephen + ElishaMaleSouth Korea2009-09-07 00:36:00
K-1 Fiance(e) Visa Process & ProceduresI-129F awaiting approval, can fiancee visit me with existing visitor's visa?
She can visit the US but there is no guarantee that she will be allowed entry. This is always the case, but the I-129F filing establishes immigrant intent which must be overcome at the POE. In other words, the burden of proof that she will leave is higher now.

That being said, being currently enrolled in school is a pretty good indicator of intent to go back, so she probably stands a good shot of being admitted.

This might be helpful: K1 Visa Applicant Visiting US

Stephen + ElishaMaleSouth Korea2009-09-08 13:15:00