biggish data

I-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 + Elisha

Male

South Korea

2009-09-08 13:15:00

K1 - I29F Form

QUOTE (redsoxgirl @ Sep 8 2009, 09:31 AM) <{POST_SNAPBACK}>

Hi Everyone, we will probably be filing in October he is just waiting for confirmation that his job will be permanent. I was just looking over the forms and have one question. I was married before divorced for a few years now. It says on the I29F form Question 7 "Any prior names used" should I indicate what my married name was. I put in that i was divorced and the name of my ex spouse and the date it ended but not sure about this field?

Thanks

If you used your ex-husband's name while you were married to him, you need to indicate that name in Question 7.

Stephen + Elisha

Male

South Korea

2009-09-08 08:32:00

Is the I-134 used to get a fiance to the US legally binding?

http://www.state.gov...ation/86988.pdf

QUOTE

9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support

Stephen + Elisha

Male

South Korea

2009-09-08 13:34:00

First of all, don't worry.

Next, odds are that she turned in the I-94. Generally they're taken up by airline personnel at the airport.

If by chance she didn't turn it in, you still don't need to worry. Follow the instructions here: https://help.cbp.gov...amp;p_topview=1

Finally... don't worry.

Stephen + Elisha

Male

South Korea

2009-09-08 17:29:00

QUOTE (brlukath @ Sep 8 2009, 04:54 PM) <{POST_SNAPBACK}>

You should probably include with your statement evidence of the facts establishing your story. For example, records showing that (1) your SO is currently enrolled in school, (2) took a semester off, etc. You will also need to include in this application a clear copy of her entire passport showing that she exited the US on time.

Good point, except the US does not have departure passport control so she won't have a passport stamp to record her departure. Hopefully she turned in her I-94.

Edited by Stephen + Elisha, 08 September 2009 - 04:04 PM.

Stephen + Elisha

Male

South Korea

2009-09-08 16:03:00

QUOTE (Jose V.. @ Sep 8 2009, 03:46 PM) <{POST_SNAPBACK}>

Thanks again for the answers. I think I will have to get started on it soon, either way at least this time I know to take my time since I'm definately not filing for a third time. Am I right in assuming that once the waiver gets approved when I send in the application the rest of the process is exactly the same? Meaning timeframe and such? Hopefully this just doesn't cause too much trouble or take more than usual. I really do appreciate everyones help and taking the time to responde to my inquiry. Does anyone know if I will be told right away after sending in my petition with waiver if I am approved for the waiver and just have to wait for the 129 to be approved?

It's not a 2-step process. USCIS has delegated the authority to approve these waivers to adjudicators, and your case is very clear-cut. The adjudicator will review and grant the "waiver" at the time the I-129F petition is being adjudicated, and there should be no significant difference in the timeframe.

Stephen + Elisha

Male

South Korea

2009-09-08 14:58:00

QUOTE (payxibka @ Sep 8 2009, 02:48 PM) <{POST_SNAPBACK}>

QUOTE (Stephen + Elisha @ Sep 8 2009, 01:24 PM) <{POST_SNAPBACK}>

QUOTE (payxibka @ Sep 8 2009, 02:20 PM) <{POST_SNAPBACK}>

you can file anytime when ready..

IMBRA "waiver" is for multiple petitions (two or more) for multiple benneficiaries (two or more). Since you will have a second petition with the same benneficiary the provision of IMBRA are not suppose to apply.

Originally when IMBRA came out there was some questions as to whether the USCIS was adjudicating your situation properly. I can only assume that they have it corrected... but nevertheless, you should have no issues with the USCIS. In your second petition, explain the original situation and then close the explanation with "While I do not think my situation is subject to the multiple petition filing limitation of IMBRA, if however they are, I hereby request a waiver". or something to this effect.

Going strictly by what the I-129F instructions say, he will have to request a waiver—see the quote in my previous post.

No big deal. He just writes a letter explaining the circumstances and requesting a waiver of the filing limitations and includes it with the new I-129F submission.

True, but I think that is what I said... however, this situation is exactly why it is important to go back to the actual wording in the law as it makes his "waiver" request a slam dunk IMO when you actually provide why it is not needed in the first place.

QUOTE

(i) the petitioner has not, previous to the pending petition, petitioned under paragraph (1) with respect to two or more applying aliens;

Cited from:

VIOLENCE AGAINST WOMEN AND DEPARTMENT OF JUSTICE REAUTHORIZATION ACT OF 2005
PUBLIC LAW 109–162—JAN. 5, 2006

QUOTE

''(2)(A) Subject to subparagraphs (

and ©, a consular officer may not approve a petition under paragraph (1) unless the officer has verified that—

''(i) the petitioner has not, previous to the pending petition, petitioned under paragraph (1) with respect to two or more applying aliens; and

''(ii) if the petitioner has had such a petition previously approved, 2 years have elapsed since the filing of such previously approved petition.

It does seem like USCIS has misinterpreted the law. (ii) is joined to (i) by and, which would seem to imply that the 2 year rule only applies if the petitioner has petitioned for 2 or more alien fiances in the past.

Stephen + Elisha

Male

South Korea

2009-09-08 14:13:00

QUOTE (payxibka @ Sep 8 2009, 02:20 PM) <{POST_SNAPBACK}>

Stephen + Elisha

Male

South Korea

2009-09-08 13:24:00

The K-1 is a single-entry visa. It was cancelled when she entered in July. There's no additional paperwork to be filed.

When you reapply, you'll have to answer "Yes" to question 11 on the I-129F, "Have you ever filed for this or any other alien fiancé(e) or husband/wife before?" Since you've had a petition for alien fiancee approved within the last 2 years, you'll have to request a waiver as well. From page 2 of the I-129F instructions:

QUOTE

If you have filed two or more K-1 visa petitions at any time in the past or previously had a K-1 visa petition approved within two years prior to the filing of this petition, you must apply for a waiver. To request a waiver you must submit a written request with this petition accompanied by documentation of your claim to the waiver.

Edited by Stephen + Elisha, 08 September 2009 - 01:22 PM.

Stephen + Elisha

Male

South Korea

2009-09-08 13:22:00

File 129F while waiting for a divorce

sara is exactly right... here's the State Department Foreign Affairs Manual citation on the subject:

http://www.state.gov...ation/87391.pdf

QUOTE

9 FAM 41.81 N6.6 Petitioner and Beneficiary Must be Legally Free to Marry

Stephen + Elisha

Male

South Korea

2009-09-08 08:30:00

NOA1 sent to address on cheque?

It's not strictly necessary to be a U.S. resident at the time of filing, though having a U.S. mailing address does speed things up as you correctly state.

You must reside in the U.S.—or at least be in the process of relocating, with a U.S. address—at the time of the interview. The affidavit of support must be from a U.S. citizen residing in the U.S., as the affidavit is intended to demonstrate sufficient resources to support the intending immigrant in the United States.

Stephen + Elisha

Male

South Korea

2009-09-09 14:15:00

NOA1 sent to address on cheque?

I've never heard of this before.

Further, when I sent our I-129F, I had recently moved and my checks still bore my former (out-of-state) address. USCIS sent our NOA1 to the address on the form, not the address on the check.

Stephen + Elisha

Male

South Korea

2009-09-09 13:55:00

Speeding transfer of case?

As others have said, you can get a jump on the Packet 3 forms even before NOA2 by downloading them from the embassy and/or State Department websites.

That being said, there is a sample letter for this purpose in the VJ Example Forms section: http://www.visajourn...sional_File.doc

Stephen + Elisha

Male

South Korea

2009-09-09 22:58:00

Some questions regarding I-129F

QUOTE (Erin G. @ Sep 9 2009, 11:16 PM) <{POST_SNAPBACK}>

On I-129F:

10. My citizenship was acquired through...(my fiance checked "Birth in the U.S.")
Have you obtained a certificate of citizenship in your name?...(We don't understand that question)
If citizenship was acquired through birth in the U.S., nothing further is required for this question. The question about the certificate of citizenship, you'll notice, is directly underneath the option for citizenship acquired through parent(s), and is only applicable to that case.

15. Your fiance's address abroad...where it says "Phone number...include country, city and area codes"...(What do they
want here? We're not clear on that one. Is it just 1-XXX-XXX-XXXX?)
Yes, if the beneficiary lives in Canada, it'll be 1-XXX-XXX-XXXX.

18. Where it says "explain the circumstances under which you met"...(Do we write exactly what we wrote in the "How
We Met" letter? Or do we simply attach that letter?
No letter is required. You must simply explain the circumstances under which you met in person within the last two years. If you need additional space, you would write "See Supplement" and label the additional sheet accordingly.

Thanks for the help.

The sample completed I-129F in the Example Forms section is your friend.

Stephen + Elisha

Male

South Korea

2009-09-09 22:44:00

noa2 approval!

S.IS.Hwang, I was hoping you'd pop up on this thread!

Did Seoul send the Packet 3.5 and 4 emails to your email address, your fiance's, or both?

Stephen + Elisha

Male

South Korea

2009-09-09 13:49:00

noa2 approval!

QUOTE (Hoffy63m @ Sep 9 2009, 07:29 AM) <{POST_SNAPBACK}>

I just checked the USCIS website and it said we have been approved! When I get the actual letter what will be in it? What are the next steps I should start to take? Can my fiance get her medical done? Can she actually schedule an interview or do we have to wait for the packet 3? How much longer does it usually take to get the packet 3 after the noa2 approval? Please let me know

To track your case file from USCIS to the consulate:

QUOTE (NatPatBen @ Aug 10 2009, 11:30 PM) <{POST_SNAPBACK}>

QUOTE (dpds @ Aug 10 2009, 07:39 PM) <{POST_SNAPBACK}>

sorry

Well, since you apologized, I'll give you my list of post NOA2 tips:

1) 2 days after NOA2, starting calling NVC: 603-334-0700 press 1 then 5.
2) Once NVC has your case, they assign a new case #. Ask them what date they sent your file to the embassy & also for the NVC case #.
3) Once you know the date NVC sent off the file, track it at DHL's website: http://track.dhl-usa...?nav=TrackByRef For the reference code, enter EXP 10 JUL 2009A (adjust using dates just before the date NVC told you), with a shipping range of that day to a few days later (July 13 - July 14 worked for the example above). Look for shipments to your beneficiary's embassy.
4) To find out if the embassy processed the packet, call the Dept of State before 5pm: 202-663-1225 press 1 then 0
5) You can also call the DoS to find out your interview date once you believe the embassy has scheduled it.

You can't schedule an interview 'til the consulate has the case file. Seoul will send Packet 3 (they call it Packet 3.5 for K visas) via email when they receive and process the file. You can get ready by filling out DS-230 Part I. As soon as you get the Packet 3.5 email, fax the DS-230 Part I to them—then you'll be able to schedule the interview.

Stephen + Elisha

Male

South Korea

2009-09-09 08:36:00

Young couple seeking some help ;o

QUOTE (Muhammad n Maryam @ Sep 10 2009, 11:48 AM) <{POST_SNAPBACK}>

QUOTE (kba0717 @ Sep 8 2009, 05:47 PM) <{POST_SNAPBACK}>

If you read the guides, like multiple people suggested, you'd know about the fees. Or you can go to the USCIS website. If you're going to go through any of this you're going to have to learn how to read the guides and instructions.

Your very rude !

Not rude, realistic.

Seriously, fiance/spousal immigration is a very complex, detail-oriented process. If you are unable or unwilling to read detailed instructions and follow them precisely, you will encounter delays if not outright failure. People here at VJ are very helpful, but there's a minimum expectation that you've read the guides and FAQs and your question is either one of clarification or something not addressed by the guides. If you require handholding through the entire process, expect to pay a lawyer for the privilege.

kba0717's advice was brusque but valuable.

Stephen + Elisha

Male

South Korea

2009-09-10 13:08:00

Beneficiary Change Of Address

QUOTE (JosMeg12 @ Sep 10 2009, 02:47 PM) <{POST_SNAPBACK}>

QUOTE (Stephen + Elisha @ Sep 9 2009, 10:07 PM) <{POST_SNAPBACK}>

QUOTE (JosMeg12 @ Sep 9 2009, 10:03 PM) <{POST_SNAPBACK}>

QUOTE (Stephen + Elisha @ Sep 9 2009, 09:17 PM) <{POST_SNAPBACK}>

It probably couldn't hurt to start calling NVC a couple days after NOA2 to make sure they are aware of the beneficiary's new address.

In addition, once you've determined that NVC has forwarded the petition to the consulate, you or the beneficiary can contact the consulate and double check that they have the correct address.

The less you leave to chance in this process, the better.

Hi! Thanks for your reply. Dont you think that after the NOA2 has been sent thats too late? Because then the information they sent him will already be at his old address? Is there a way I can call VSC to confirm they have changed his mailing address so when the NOA2 does come it will go to his correct address?
Thanks Again

NOA2 is sent to the US citizen petitioner. The US citizen is the petitioner. The alien fiance is the beneficiary. Which one moved?

He moved, the beneficiary. I know I get the NOA2 notice, but dont they send him paperwork also?

USCIS doesn't send him anything. He will receive Packet 3 from the consulate after they receive the file from NVC. So my advice stands: if you catch it at NVC or the consulate, it'll be fine.

Stephen + Elisha

Male

South Korea

2009-09-10 13:50:00

Beneficiary Change Of Address

QUOTE (JosMeg12 @ Sep 9 2009, 10:03 PM) <{POST_SNAPBACK}>

QUOTE (Stephen + Elisha @ Sep 9 2009, 09:17 PM) <{POST_SNAPBACK}>

NOA2 is sent to the US citizen petitioner. The US citizen is the petitioner. The alien fiance is the beneficiary. Which one moved?

Stephen + Elisha

Male

South Korea

2009-09-09 21:07:00

Beneficiary Change Of Address

Stephen + Elisha

Male

South Korea

2009-09-09 20:17:00

Police Criminal Backgroud Checks

QUOTE (Tygrys @ Sep 11 2009, 02:44 PM) <{POST_SNAPBACK}>

QUOTE (kona @ Sep 11 2009, 02:31 PM) <{POST_SNAPBACK}>

Hey,

A quick question to all you experts out there... If i was in the USA for summer 2003 and From May 2004 to September 2005 both on J1 visas, for sending in packet 3 do i need to obtain a police background check for the USA as well as the normal UK police certificate? Since a J1 is a non-immigratory visa was I ever "living" in the USA or just staying there while using the visa? And if i do need to get hold of an american criminal background check before the interview, how do i get hold of one exactly since ACRO say during the UK police check they don't check other countries and they dont know how i would anyway!?

Thanks for your help in advance!

Max

No US "police cert" is required in connection with any application. They will do background checks themselves.

Stephen + Elisha

Male

South Korea

2009-09-11 13:54:00

initial evidence?

QUOTE (D&R @ Aug 19 2009, 11:31 AM) <{POST_SNAPBACK}>

I think it's worth stating somewhere in your covering letter (if you choose to do one) that you have the originals of all photocopied documents and will be bringing them to your interview. I know that's fairly obvious, but yeah, if you have an overly zealous CO then it might settle his mind a 'little' that you're prepared and expecting to show the original at the interview, rather than hoping to pass off a fake photocopy and hope that they'll accept it and not ask for the original later.

...just a thought!!

The VJ example cover letter includes language on this very point:

QUOTE

Copies of documents submitted are exact photocopies of unaltered documents and I understand that I may be required to submit original documents to an Immigration or Consular officer at a later date.

Example Cover Letter for I-129F

Stephen + Elisha

Male

South Korea

2009-08-19 10:39:00

I should know better than to argue with trolls. You can't go a single post without misrepresenting what others have said, ning. Have fun, you've got the sandbox to yourself now—I'm done here.

YAAFM

Stephen + Elisha

Male

South Korea

2009-09-11 10:24:00

Wrong, ning. ONCE AGAIN you misrepresent the facts.

The thrust of the mod's post is that a non-legally-binding religious ceremony does not make one ineligible for the K-1, but because immigration and consular officials don't always understand that, it's better not to mention any such ceremony to them in order to avoid unnecessary problems.

Scandal has provided proof positive that the Bangkok consulate has no problem with a religious wedding ceremony as long as it is not registered with the Amphur.

No one should lie to an immigration or consular officer, and if asked directly about a religious ceremony, should answer truthfully. But since a non-legally-binding religious ceremony is immaterial to immigration status, there is no obligation to volunteer information about such a ceremony.

Stephen + Elisha

Male

South Korea

2009-09-11 08:53:00

Thanks for posting, scandal. I don't think it gets any clearer than that.

Stephen + Elisha

Male

South Korea

2009-09-10 19:10:00

QUOTE (Ning @ Sep 10 2009, 03:28 PM) <{POST_SNAPBACK}>

QUOTE (bigcasino75 @ Sep 10 2009, 11:55 PM) <{POST_SNAPBACK}>

Wow my first post to go 3 pages long, Thanks for making it happen Ning and Thank you everyone for all the help

Here is a quote from the mods post.
"HOWEVER - that does not always happen and some US immigration officials decide that if it looks like a wedding, it is a wedding".
When I read her info it seems to me it says if you tell the truth that you were married in Thailand they may look at it as a couple that now needs a different visa.
The O P asked what people thought about what he is going to do. I gave a responce. It isnt trolling to have a different opinion. In fact we can see by the mods info that the immigration officers sometimes deny visas when the ~~truth~~ additional unnecessary information that confuses the issue is disclosed.
Leave it up to a trained, paid, immigration officer & the case will then be closed.
You are welcome.

If you are not legally married, then the truth is that you are not married. US law does not care—in fact, by virtue of the First Amendment, it cannot care—about your religious wedding unless that wedding was also legally binding. If you are not legally married, it is not lying to answer "no" when the immigration officer asks if you are married. Hence, there is no need and no good reason to mention a non-binding religious ceremony to an immigration or consular official—not because there is any reason to hide it, but because immigration and consular officials don't always understand US and foreign laws well enough to know that a non-legally-binding ceremony does not affect eligibility for the K-1. That was the thrust of kathryn's post.

You are once again misinterpreting and misrepresenting facts to support your demonstrably false opinion. Keep up the "good" work.

Stephen + Elisha

Male

South Korea

2009-09-10 14:44:00

QUOTE (Kathryn41 @ Sep 9 2009, 09:04 PM) <{POST_SNAPBACK}>

To add some clarification to the issue:

K-1 fiance visas are for those who are not legally married. The definition of 'legal' may vary from country to country. Some countries recognize only a civil marriage as being legal. Some recognize the religious ceremony as being legal. Some recognize both together as being legal. It is up to the Consulate of the countries involved to determine what is or is not a legal marriage in that country. Unfortunately, some of the Consulate staff are not as knowledgeable as they should be and there have definitely been instances on VJ where members have had a religious ceremony that is not considered legal in their country, but the Consulate has determined that they are married and denied the K-1 Visa. The individuals have had to go and have a legal marriage in that country and re-apply for a spousal visa. Interpretation is everything with Immigration and you don't want to leave anything open to 'speculative' interpretation. Ideally, a marriage ceremony recognized as legal in the foreign country is recognized as legal for US immigration purposes; a marriage ceremony that is not recognized as legal in the foreign country is not recognized as legal for US immigration purposes - HOWEVER - that does not always happen and some US immigration officials decide that if it looks like a wedding, it is a wedding.

So, this is why there appears to be such a conflict of information given in the answers here. If you have a religious ceremony that is not legally recognized as married, then you are not married and you can truthfully answer you are not married. Due to the incomplete understanding of local customs by DOS officials (Consulate staff) people are advised not to mention a religious, non-legally binding ceremony as it appears to present conflicting information. The important thing to remember is if the marriage ceremony is legally binding in the country in which it takes place, it is legally binding in the US and the K-1 is not the right visa. If the marriage ceremony is not legally binding in the country in which it takes place, then the applicants are still not married in the eyes of US immigration and the K-1 is a valid visa. You just don't want to confuse the immigration officials who are often looking for any viable reason they can find to deny the visa by giving them information that may make them doubt the non-legal nature of a marriage ceremony.

Ning, stop trolling. Your insistence that not mentioning a non-legally-binding ceremony is lying is wrong and offensive. The above was written by one of the site moderators. It sums up the situation quite well. Case closed.

Stephen + Elisha

Male

South Korea

2009-09-10 09:55:00

Once again, you misrepresent the facts. No one is advocating concealing facts. I contend that there is no obligation to volunteer information that is immaterial. Whether or not someone had a religious wedding ceremony is immaterial as long as that ceremony has no legal effect in the jurisdiction where it took place. The only material fact is legal freedom to marry.

In my job, I advise and assist clients on a daily basis to comply with federal laws and regulations in order to maintain eligibility for multi-million-dollar contracts. I'm good at what I do, and I'm paid quite well for it. But thanks for playing.

Edited by Stephen + Elisha, 09 September 2009 - 03:19 PM.

Stephen + Elisha

Male

South Korea

2009-09-09 15:17:00

QUOTE (Ning @ Sep 9 2009, 03:20 PM) <{POST_SNAPBACK}>

QUOTE (*Robert* @ Sep 10 2009, 03:08 AM) <{POST_SNAPBACK}>

QUOTE (Stephen + Elisha @ Sep 9 2009, 02:28 PM) <{POST_SNAPBACK}>

QUOTE (Ning @ Sep 9 2009, 02:15 PM) <{POST_SNAPBACK}>

Why not just explain at the POE if everyone is so sure its not a problem?

Why offer unnecessary information at the POE that could needlessly complicate the process?

Q: "Are you married?"

No marriage certificate - no legal marriage - legally free to marry.

A: "No."

Exactly!!!

Why in the world would anyone tell their life story at their POE? The CBP Officer doesn't ask if you got married before entering, and even if he did, the answer would still be "No".

Since you are a K-3, your advice really doesn't apply here, since you have not done what the rest of us did, so if you can't be helpfull, be gone.

You mean why would anyone tell the truth? It isnt a life story but it is the truthful information. Just explain that you got married but it isnt legal in your mind because of your understanding of Thai law. You need to have the courage to submit to the law.
Bobby it isnt for you to decide what is helpful. You are advocating people lie at at the POE. That isnt helpful or correct & neither are you.
You are correct in saying I didnt lie to bring my wife into the USA. What does the type of visa my wife had have to do with this?

You continue to misrepresent what people are saying. No one is advocating lying at POE.

There is no obligation to volunteer information. When a government official asks if you are married, their only concern—and the extent of their legal purview—is whether you are legally married. If you are not legally married, the answer to the question "Are you married?" is no. It's that simple.

Stephen + Elisha

Male

South Korea

2009-09-09 14:36:00

QUOTE (Ning @ Sep 9 2009, 02:15 PM) <{POST_SNAPBACK}>

Why not just explain at the POE if everyone is so sure its not a problem?

Why offer unnecessary information at the POE that could needlessly complicate the process?

Q: "Are you married?"

No marriage certificate - no legal marriage - legally free to marry.

A: "No."

Stephen + Elisha

Male

South Korea

2009-09-09 13:28:00

QUOTE (Ning @ Sep 9 2009, 10:33 AM) <{POST_SNAPBACK}>

QUOTE (bigcasino75 @ Sep 8 2009, 01:01 AM) <{POST_SNAPBACK}>

Hi all, I would like to give you a run down of what I am doing and get some advice on if this is possable or any problem areas that you may see in advance. I will be filing for a K1 visa for my Thai Fiencee this month( I am just waiting on some docs that she must sign and send back) she is now studing at University and will graduate in May of 2010. I am hoping that her visa will be ready around that time I am starting it now and can stall sending in the packet 3 if it is going too fast. then after she graduate and hopefuly she has her visa I will go to Thailand and we will have a Thai wedding for her family but it will not be regerstered so I dont think there will be any problems and it will be after she has her K1 in hand then we will both come back State side and have a legal wedding here. I know a lot of people say not to have a regelous wedding in the fiencees country but she is a women and wants her family to see her get married. She will already have the visa so it will be no problem for the embassy and as far as the US goes it is not a legal marrage so I dont see any problem there. does anyone agree with me or how else should I do this? Thanks for any advice

There are posts here that indicate what can be done to avoid the laws of the USA. The visa is issued by the embassy based on compliance with US immigration laws. We all know what K 1 visa is used for.
What you are considering doing is simply visa fraud. You want to marry in Thailand after she has the visa; then use the visa as a K 1 to have her enter the USA. What is the purpose of the entry?
If you believe what you are doing is really ok simply tell the officer at the POE she is married but the marrige isnt legal in Thailand. Let them decide if they buy the idea & allow her to use the visa to enter. That will be the best test of who actually understands the laws that apply.
I would use RSN's method to avoid any hint of fraud. Marry her in the USA & return to Thailand to have a traditional Thai wedding.

It is not visa fraud to have a wedding ceremony if that wedding ceremony does not have any legal effect. Consulates in some countries where this is the case actually advise K-1 applicants that this practice is fine. Your accusation is offensive.

If a person is not legally married, they are under no obligation to tell a consular officer that they are married. The determining factor for K-1 eligibility under U.S. law, and as specified in the State Department Foreign Affairs Manual, is "legally free to marry" at the time of the petition and thereafter.

The purpose of a K-1 visa under law is to enter the United States to conclude a valid marriage to the US citizen petitioner and adjust status within 90 days. If the petitioner and beneficiary are not legally married in any country, they are free to conclude a valid marriage in the United States. Once again, the accusation of fraud is incorrect and out of order.

Edited by Stephen + Elisha, 09 September 2009 - 09:51 AM.

Stephen + Elisha

Male

South Korea

2009-09-09 09:49:00

Multiple Employers...Long Employment History

QUOTE (Enigma11561 @ Sep 11 2009, 11:49 PM) <{POST_SNAPBACK}>

Does anyone know if a "scattered" employment history, including some months here and there of unemployment will adversely affect the approval process on the I-129? The position I have now is going on 9 months and is stable, but the last few years were a mess. Prior to 5 years ago ( which they are not interested in) my employment was impeccable.

It shouldn't make any difference on the I-129F. USCIS's interest in that information is purely biographical. Make sure you don't leave any gaps in the timeframe, however - for periods of unemployment, put "Unemployed" and the dates.

When you get to the consular interview stage, you'll have to submit an Affidavit of Support with evidence of current, sustained income. As long as you hold onto your job (and the salary is sufficient - 125% of the federal poverty guidelines for your household size is the rule of thumb), a letter from your employer and several months' worth of pay stubs will establish your income.

Stephen + Elisha

Male

South Korea

2009-09-11 22:54:00

check been cash but not NOA1 yet

QUOTE (mitch.snyder @ Sep 11 2009, 11:44 PM) <{POST_SNAPBACK}>

For those of you who have gone through the whole K-1 process did you get an email from the CSC or VSC stating your NOA1??? Or was it all a hard copy letter? I sent my package off early last week and as of yet I have received no word. I'm trying not to stress out about the whole process, I figure if I stress out now I'll be in serious trouble mentally by the end of this whole ordeal....

anyways, please let me know your experiences! I would appreciate it!!!!

You won't get an email. You can get an early read on your NOA1 date by looking for the check to clear in online banking (presuming you use it), then getting the receipt number from the reverse side (endorsement area) of the check image - check the previous posts in this thread for more info on this. The NOA1 hardcopy generally comes in the mail 1-2 weeks after the check clears.

Stephen + Elisha

Male

South Korea

2009-09-11 22:56:00

check been cash but not NOA1 yet

It would be very rare for you to receive the NOA1 hardcopy in the mail before the check is cashed.

I presume you use online banking, since you know that the check was cashed. Go onto the website and view the check image. On the back, in the endorsement area, you should see a number that starts with WAC followed by ten digits. This is your USCIS receipt number. You should be able to use that number on the USCIS website to get your NOA1 date.

Stephen + Elisha

Male

South Korea

2009-09-11 10:49:00

AOS - Affadavit of Support

QUOTE (RUSSandRACHEL @ Sep 12 2009, 07:34 PM) <{POST_SNAPBACK}>

Thank you both of you. I have looked everywhere for that information but couldnt find it anywhere. It should say on VJ somewhere the difference between the two Affadavits of Support, because I'm sure I'm not the only one getting in a pickle over the two forms.

I'm trying to put this in the gentlest way possible... the guides reward a careful reader.

VisaJourney K-1 Guide:

QUOTE

4.I-134 Affidavit of Support form. Ensure it is signed, with all required supporting evidence. Begin collecting the required information ahead of time, as it can often take several weeks to collect it all.

Stephen + Elisha

Male

South Korea

2009-09-12 18:58:00

AOS - Affadavit of Support

I-134 for the interview, I-864 for AOS.

I haven't made it this far yet (so more experienced hands are encouraged to correct me if I'm wrong or concur if I'm right!) but if you're planning on taking your fiance's surname after marriage, I'd guess that you'd use that name on your AOS application—that's how you'll want it to appear on the green card, after all. There's a question on page 2 about your name as it appears on the I-94; your maiden name will go there.

Stephen + Elisha

Male

South Korea

2009-09-12 18:03:00

NVC received but no NOA-2 ???

QUOTE (mari joe @ Sep 12 2009, 01:04 PM) <{POST_SNAPBACK}>

Yeah i can see your point that it probibly does say received and pending, but it doesnt indicate if he has checked the case status page or not.

Really?

QUOTE (Bob and Liezl @ Sep 12 2009, 08:24 AM) <{POST_SNAPBACK}>

I have a letter from the NVC that they have our "approved petition"and will be sending it to the foreign embassy. I have NOT received a NOA-2 from the USCIS. I did create an account/w them to receive
email notification but have not received any email from them. I will call them on Monday for sure.
Anyone have this happen to them? Do I have to have an NOA-2 since the NVC has our petition now?
I wondered if it might "lost"in the mail but every time I check the USCIS website and enter our case number
it always says NOA-1 sent and case pending. This is bugging me.

QUOTE

only that he didnt get an email. It could have gone to his spam folder. As for the NVC letter it does have his new MNL (manila case number )and it may also allow the SO to get in to do her medical, so i wouldnt say it is absolutely worthless.

I just meant useless in the sense that it promises that "within a week the petition will be forwarded to the appropriate visa-issuing post," which may or may not be true in reality.

Stephen + Elisha

Male

South Korea

2009-09-12 12:44:00

NVC received but no NOA-2 ???

QUOTE (mari joe @ Sep 12 2009, 09:25 AM) <{POST_SNAPBACK}>

when you go to the case status page of the USCIS website, log in you will see the status of your petition then click on your EAC #. When does it say it was sent? This will be your NOA2 notice date. It took us 8 days to receive the hard copy from that date. Yes you need the hardcopy. scan and email it to your SO and keep the origional in a safe place.

If you reread the OP, you'll see that the case status page does not reflect the approval. It still says "Case received and pending." But clearly the I-129F was approved, as he received the (worthless) letter from NVC about forwarding it to the consulate "within a week" (if he's very lucky).

Stephen + Elisha

Male

South Korea

2009-09-12 09:10:00

NVC received but no NOA-2 ???

QUOTE (Gary and Alla @ Sep 12 2009, 09:19 AM) <{POST_SNAPBACK}>

QUOTE (Bob and Liezl @ Sep 12 2009, 08:24 AM) <{POST_SNAPBACK}>

Congratulations! Your case is approved. You will not "need" the NOA2 until the interview when you "should" have a COPY of it to present, but the consulate never asked us for one. Manilla may. You will deifinitely need a COPY of the NOA2 for the AOS phase.

It sometimes happens that the NOA2 comes after the NVC notice, that in itself is not strange.

Callling Monday will be a waste of time. They will tell you the notice has been sent and to call back if you do not receive it in 30 days. You will not listen to me and call anyway, but I claim first dibs on telling you what they will say (I have considered opening my OWN call center and charging $1 for CORRECT answers...funny looks are FREE)

If it doesn't arrive in 30 days it is lost or sent to the wrong address. As with anything in this process, anything that goes wrong is YOUR problem and they will want you to PAY $90 $90? Try $340 for a "duplicate" NOA2 (by the way, they do not call it an NOA2, it is an "I-797C Notice of Action, Approval") It can also be I-797, I-797A, or I-797B - the form number matters for other visa types, but for I-129F approval notices it's just whatever they have in the printer. "Approval Notice" works. You will need to get your case kicked up to an immigration offier or supervisor that can waive charging the fee. The call center operator CANNOT help you (or anyone else for that matter) When that time comes, IF that time comes, just ask for an immigration supervisor. Be prepared to be on hold for a long time, but hey, it saves $90 and paying $90 probably wouldn't get it done anyway. Make SURE they have your correct address. If you changed your address during the process and didn't notify them in time (address changes take 45 days in the system)

so, to re-cap

1. Take a chill pill and celebrate your approval.
2. Wait two weeks, if no notice in the mail, call the USCIS and ask for a supervisor

Congratulations and good luck

PS...whatever the online system says about your case does not matter. It is wrong 65% of the time (seriously) based on a very small sample and your unscientific analysis of the data.

Stephen + Elisha

Male

South Korea

2009-09-12 09:07:00