ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresLeaving Blanks?
Thank you =) Now that I have that established, I have a few questions about what should be none and what should be N/A.

Should fields that ask for names be N/A? Such as when it asks for names of prior spouses and I do not have any, should that be filled in as N/A or None?

I'm really confused about what answer would require None. It seems like almost everything would be better with N/A.

Edited by Mitexi, 23 October 2011 - 05:12 AM.

MitexiFemaleAustralia2011-10-23 05:09:00
K-1 Fiance(e) Visa Process & ProceduresLeaving Blanks?
Thank you. =)

So ones that say "If you are this, please answer the following" still need to be answered even if they don't apply to me (like the military one)? Or should they just be left blank?

Example:

11. Have you ever filed for this or any other alien fiance(e) or husband/wife before?

Yes [] No [X]

If "Yes," give name of all aliens, place and date of filing, A# and result.
[.....................................]


Do I need to fill in the "if yes" blank with N/A even though I marked "No?"

Edited by Mitexi, 23 October 2011 - 04:13 AM.

MitexiFemaleAustralia2011-10-23 04:12:00
K-1 Fiance(e) Visa Process & ProceduresLeaving Blanks?
I'm filling out the I-129F and I'm encountering a lot of questions where I don't know if I should leave it completely blank, put N/A, or put None.

Does every blank space need to be filled in with N/A or None? (Even things like Apt.# if I don't have an apartment?) I am especially wondering about questions that say things like "A) Blah blah? -- B) If yes, explain." If I answer no, do I still have to put N/A's or None's in the explanation boxes that are for answering yes?

When should you use N/A and when should you use None?

I have tried using the I-129F example on this site, but it seems to be very random with the N/A and Nones. Like putting None in the name fields. Someone's name could be None (theoretically). And the military question says "Not in military service" instead of N/A or None.
MitexiFemaleAustralia2011-10-23 03:35:00
K-1 Fiance(e) Visa Process & ProceduresEnough Evidence?

You really only need to describe how you have met, in person, at least once, in the last two years. My entry for this section was one or two sentences, describing the last time we had seen each other (a few months prior to filing, for New Years). For a low-fraud country, they really don't need to know the whole relationship saga. Just need to know you satisfy the requirements.

Your evidence sounds just fine. :thumbs:


Ah. Thanks for the advice about that. Well, maybe I will shorten it down to a paragraph for that part about meeting in the last 2 years and then include the other thing as part of the "proof of an ongoing relationship" section (just so my hard work doesn't go to waste, haha). I don't want the USCIS to have to dig to find the correct information...
MitexiFemaleAustralia2011-11-01 08:05:00
K-1 Fiance(e) Visa Process & ProceduresEnough Evidence?
Before I go any further preparing my I-129F packet, I want to ask if I have enough evidence proving a relationship/that we met. This is what we have so far:

- Passport Visa scans of our 5 trips (totaling 2 full years of being together in person) to visit each other (passport pages with stamps scanned, plus the first two pages to show whose passport it is) All pages will be signed and dated.

- Scans of airline boarding passes/itineraries (including one we flew together on) All pages will be signed and dated.

- Photos from our 5 visits. We selected 10 and made sure to include one with me with his family together and one with him and my family together. All of the others have the two of us in very different settings (in a snow igloo, in Australian rainforest, King's Island amusement park right in front of the sign, etc.) I printed these off 4x6 glossy style and will be writing on the back who is in the picture, place, and date it was taken. Plus signing/dating each one for good measure.

- The explanation of how we met attachment is pretty detailed about our relationship timeline.

I have read that the Sydney consulate isn't that bad to deal with. Is this enough evidence to get us through the visa process? I really don't want to print out 50 pages of AIM conversations or mess with notarized family letters if I don't have to... No reason to waste a tree if it's not needed. =)
MitexiFemaleAustralia2011-11-01 05:24:00
K-1 Fiance(e) Visa Process & ProceduresFitting Text in the Box
Thanks for the response. =)

I'm just worried that whatever machine or something they use to scan in the information might have to have it displayed horizontally. I don't want to do something that's going to be a risk for RFE...
MitexiFemaleAustralia2011-11-09 23:16:00
K-1 Fiance(e) Visa Process & ProceduresFitting Text in the Box
Okay, a while ago I asked about how to fit two middles names into the box on these forms. After playing around with it, there is no way my fiance can fit "George Nathaniel" into the small square even writing it by hand. My question is, can you write one name at the top of the box and the other one at the bottom?

Example:

George
Nathaniel

The only other option was for him to print out the form, scan it back on the computer as an image, and then add smaller typed text to the box with an art program. But the text is pretty tiny to fit both names in the box horizontally. I'm worried it's not easily readable.

Edited by Mitexi, 09 November 2011 - 08:33 PM.

MitexiFemaleAustralia2011-11-09 20:32:00
K-1 Fiance(e) Visa Process & ProceduresInformation Setup?
Alright, thank you. Most of what I have is for the last trip I took there from July to October. Since that is the important one, I was including both entry and exit stamps from Australia in my passport, the plane tickets, and a few photos. If the itinerary isn't important, I won't include that. And since I rode on the plane with my fiance on the way over there, we were including his tickets/stamps as well to show we were together.

Just to be sure, I don't need to label anything, right (besides the back of the photos)? The names on the tickets and things should show who they belong to. And I was going to paperclip our passport stamps/bio pages separately from each other.
MitexiFemaleAustralia2011-11-13 09:15:00
K-1 Fiance(e) Visa Process & ProceduresInformation Setup?
I am in the final stages of completing my I-129F packet to send off for approval. I've read the assembly tips and all other useful information here on VJ and it has been incredibly helpful. However, I have a question about what to write at the top of some of the evidence.

I have a bunch of photocopies of ticket stubs, passport visa stamps, itineraries, etc. I read that you should sign and date each one of these. And also to write what they are/whose they are at the top. What is the best way to do this?

For example, say I have photocopies of visa stamps from my passport. Would I write something like this at the top of every page:

Proof of Having Met in the Past 2 Years
Passport visa stamp - Petitioner

sign/date here

*photocopy of stamp*


Does it matter where I sign on the page? Is it better for it to be at the top? And do I even need to list out the information like that? I can see maybe having the "proof of having met" part so it matches up with my cover letter, but do I need to explain exactly what it is?

Also, since my fiance's handwriting is atrocious, I will be writing the info on his photocopy things. He's just signing and dating everything. But he's worried if I'm writing the information and he's signing it, it will look like two different handwritings. Do we really need to worry about that?
MitexiFemaleAustralia2011-11-13 04:08:00
K-1 Fiance(e) Visa Process & ProceduresDo I need to change my address with USCIS?
We have been approved for the K1 visa and my fiance is coming over in 5 days. Do I need to change my address with the USCIS? I moved this past Saturday and the address that was on our petition and the one that my fiance was going to come over and live is not the one I just moved to.

Do I need to update? Or do I wait till we apply for AOS?
ukloverFemaleEngland2011-08-23 21:27:00
K-1 Fiance(e) Visa Process & ProceduresTimeframe till fiance can work
We still have a while..... our NOA1 was October 24th. I am hoping to have him here by his birthday (May 13th) but nothing is guaranteed obviously. I have so much respect for everyone in the visa community, because the waiting game is truly trying.
BesosforMexicoFemaleMexico2012-01-27 11:58:00
K-1 Fiance(e) Visa Process & ProceduresTimeframe till fiance can work
My fiance is coming from mexico on a k1 visa and he is worried about how long it will take for him to get approved to work. We are planning to get married right away and file the paperwork for him to work right away, but my lawyer told us it would take up to 90 days for him to be allowed to work. This is understandable, however I was just wondering if it really takes the full 90 days. I live in Columbus Ohio if that makes a difference in your answers. Thanks
BesosforMexicoFemaleMexico2012-01-27 09:22:00
K-1 Fiance(e) Visa Process & ProceduresTime from interview until Visa is actually in hand, ready to cross

My fiancee never went on a plane or anything like the K-1 process. She was scared. I think she would be have been lost going through the whole process. Also, there are many people who are out to trick people.

I would recommend you take a pre-honeymoon. Join your future spouse in a mini-vacation. You can provide comfort and company to each other. The interview process takes a few days. Juarez Consulate does not give the visa on the same day. The interviewer said up to 10 days. It took 2 days after the interview to get my fiancee's visa. We got to Juarez on Sunday, Monday: Medical exam and biometric, Tuesday: interview, Wednesday: waited, Thursday: received visa and Friday: crossed the border at El Paso and off to the airport.

If the visa is approved, the Consulate will keep his passport and attach the visa to it. If you wait in Juarez, you can pick up the visa at the DHL office. This is the fastest way. The other option is to have it sent to his nearest DHL office by his home.

Or you can wait until the visa is in hand to make travel plans.

I hope this helps. :)


This, as all of the other great responses I have gotten on Visa Journey has been GREAT and very helpful. I have been on other sites before where members would get mad at the newbies who posted questions that had been discussed x amount of days before.... but honestly my main complication with the entire visa process is just the time it all takes. I REALLY appreciate the great, helpful, informative answers you all have been giving me.
BesosforMexicoFemaleMexico2012-01-30 22:33:00
K-1 Fiance(e) Visa Process & ProceduresTime from interview until Visa is actually in hand, ready to cross
Thank you Dan, that was very helpful
BesosforMexicoFemaleMexico2012-01-27 16:28:00
K-1 Fiance(e) Visa Process & ProceduresTime from interview until Visa is actually in hand, ready to cross
I completely agree that a direct flight would be easiest. I have already invested so much into the visa process and to the trips to visit so as far as money is concerned I would rather pay for a ticket to fly down and be with him the whole time instead of flying him somewhere alone. Cozumels airport is small and I'm sure he could navigate getting on the plane, but even just navigating off the plane through customs and immigration and luggage to get to me would be a challenge. :)

I am SO impatient, and even just waiting for him at the airport would kill me. Haha.
BesosforMexicoFemaleMexico2012-01-27 12:41:00
K-1 Fiance(e) Visa Process & ProceduresTime from interview until Visa is actually in hand, ready to cross
Thanks for your reply....I considered waiting by patience is not my thing. :)

Originally the plan was to fly down to go to the interview but there have been several current events to change my mind of going mainland to wait for his interview and be by myself while waiting. I don't want to do anything risky.

Also I go to visit him in mexico every month and was planning to just extend my normal visit in order to be there for the process. However I think you are right. I should probably fly down after he receives it and bring him back right away.
BesosforMexicoFemaleMexico2012-01-27 12:30:00
K-1 Fiance(e) Visa Process & ProceduresTime from interview until Visa is actually in hand, ready to cross
I want to be with my fiance when he is flying in to the country for the first time. He has never flown before and also will be flying into the Atlanta airport. I am sure, knowing my fiance, that without me there he will be lost in Atlanta and surely miss his flight.

How much time would you take off from work in order to guarantee he will be able to come back with me? I know some consulates give the visa the same day, but from what my lawyer has told me... he will be most likely leaving them his passport, and receiving it in the mail.

Just wondering how long I should plan to be in mexico waiting....

Also my lawyer mentioned that they may have an expedited service for mailing it back to him. Any idea if this is true? I contacted his consulate but have not received a reply.
BesosforMexicoFemaleMexico2012-01-27 12:08:00
K-1 Fiance(e) Visa Process & ProceduresSCANNED DOCUMENTS

So I sent all the original documents again through UPS this time. They're expected to get to Juarez on February 1st and my fiance has his interview the 2nd of February. I was thinking just in case they don't get there on time, I still sent the scanned copies of everything. Also I sent the two receipts for them to see I sent them twice (1 through USPS and the 2nd one through UPS). I hope this helps and they see we tried! What do you guys think?!


WOW, this definitely confirms that I will be going with him to the interview. I can't imagine how stressful this must be for you so close to the interview and not having the documents in his hand. Good luck to you.
BesosforMexicoFemaleMexico2012-01-30 23:41:00
K-1 Fiance(e) Visa Process & ProceduresImmigration Lawyers..Worth it? Issues with them...
I think that the visa process is very difficult for all beginners, and unless your career choice is immigration law.... youre probably a beginner ;)

I am very proficient in several different areas, and I learn things quickly.... but when it came to my visa I was unsure and nervous no matter how much research I did.
BesosforMexicoFemaleMexico2012-02-12 11:19:00
K-1 Fiance(e) Visa Process & ProceduresImmigration Lawyers..Worth it? Issues with them...

[size="4"]But it is a dynamic topic, and newbies need a little assurance and guidance.

If someone asks you a simple question at lunch time, do you just tell them to "Google it"? Not a friendship building approach for most folk.


Agreed :) I was a newbie about four months ago and I definitely felt unsure and nervous
BesosforMexicoFemaleMexico2012-02-12 11:16:00
K-1 Fiance(e) Visa Process & ProceduresImmigration Lawyers..Worth it? Issues with them...

I would suggest using the search function. This topic has been covered a few thousand times.


Although I agree that this topic has been covered... I think almost every topic has been covered a 1000 times. :)

My biggest challenge when I first started the process was finding the time to search for answers (I work a 45-50 hr/wk job, Extreme coupon, run my own Ebay business, and play competitive volleyball 5-6 days a week). You have to agree that when you do a search it will come back with a ton of results and rather than reading through them all it was always much quicker to just start my own post.
BesosforMexicoFemaleMexico2012-02-12 10:53:00
K-1 Fiance(e) Visa Process & ProceduresImmigration Lawyers..Worth it? Issues with them...
I have another thread on here about my lawyer problems. In my opinion, this site is 20x as helpful as a lawyer. What I've seen is that when you post a question on here..... you get 100 responses with answers.

I asked my lawyer basic questions like where his interview will be held, what to do to prepare in between the NOA1 and NOA2, simple things.... and her response is always that we won't know until we get to that step. My fiance is in Mexico so clearly the only place the interview could be held is Juarez.

She said my packet looked good and that she didn't think that I needed any of our chat histoy.... I disagreed and submitted some anyways.

Then to sumarize the other thread I started.... she told me that I need to submit a I-130 on top of submitting the I-129f when we are not married. She was trying to charge me an extra $4000 once he gets here on a I-129f and after we get married in the states file an I-130.

On top of all that, I was the one who did all of the work for the packet Your lawyer will not compile all of your relationship evidence and will not aquire all of your important documents for you. You still have to put them all together anyways. All she did for me was attach a cover letter. I did the rest.

Not worth the money, Not helpful in answering my questions, would NOT recommend it.
BesosforMexicoFemaleMexico2012-02-12 10:49:00
K-1 Fiance(e) Visa Process & ProceduresSkype call logs
Any ideas for skype mobile? I use skype from my android devices which is great, and obviously more conveinent for us. But the call and chat logs dont show up on the computer when made from my mobile devices. I have currently just been using a screen capture from my phone, but I can only capture a few call logs each screen capture and I feel like when I compile even just a months worth of our skype log it will be 40 pages. Obviously I don't want to submit too much and overwhelm them. I would only be compiling this for the interview, as our packet has already been sent.... so should I really do this?
BesosforMexicoFemaleMexico2012-02-11 19:52:00
K-1 Fiance(e) Visa Process & ProceduresBIG MSTAKE!

Once again, Tim, you're making it up as you go along.


Although it sounds to me like you know what you are talking about and I DEFINITELY appreciate accurate and thorough responses I feel like there are several times I post things I think to be fact, that turn out to be opinion.

Everyone has been SO nice and helpful for me on here and I think my favorite part of this site is the nice people willing to help out.

If you disagree with another persons post I think there is a nice and more appropriate way to respond.

No drama from me, just thought I was a bit rude!
BesosforMexicoFemaleMexico2012-02-12 11:08:00
K-1 Fiance(e) Visa Process & ProceduresScheduling an interview before NOA2
Maybe I misread the posts but I was fairly confident that was what they were implying. The one post was about someone who was trying to finish submitting the rest of what they needed for an RFE, which would mean no NOA2 right? And then 5 seconds later was talking about how he had scheduled the interview.....

Its not a big deal, I was just wondering why anyone would do that anyways.

I just need to get my NOA2 so I can stop stressing about the RFE's and the next step ;)
BesosforMexicoFemaleMexico2012-02-15 08:58:00
K-1 Fiance(e) Visa Process & ProceduresScheduling an interview before NOA2
So maybe i am overlooking something but i have seen several posts from people who have scheduled an interview before even receiving and NOA2. 1 - is that possible, 2 - how can you schedule without the receipt of your NOA2? i was under the impression that would contain a comfirmation you needed to move forward, and 3 - whats the real advantage to scheduling it now instead of waiting to know for sure the approval will be here in time for the interview? in the end it seems to me that would result in several scheduling changes....
BesosforMexicoFemaleMexico2012-02-14 19:36:00
K-1 Fiance(e) Visa Process & ProceduresHELP! COMPLETE change of personality.... :(
I have SO many friends here in the states who go through similar situations with their boyfriends or girlfriends. Sounds to me like she is unstable. Her emotions and her actions are consistent with someone having insecurity issues and control issues.

She is clearly thinking only of herself at this point. If she knows you are hurting, and knows you are trying to work on the relationship and is constantly ignoring your feelings and your attempts.... you have to move on.

One thing I know to be true...... if you work this out. Get married. Move to the states together. Try to put a bandaid over your current problem. It WILL resurface. If she makes promises to you. Says she wants to change, or fix it. If she puts on a good face. Acts like things are different. She WILL resort back to her current personality.

Get out while you can. No one ever listens to this advice even when they ask for it, and then I see them breaking up, getting back together, breaking up again..... forever. My roommate is a great example. He has only been in a relationship for 8 months and they have broken up and gotten back together at least 15 times. They have a similar situation. And the reason they always get back together is because the other promised they were going to change it..... then they break up because the change only lasted a week.
BesosforMexicoFemaleMexico2012-02-17 08:50:00
K-1 Fiance(e) Visa Process & ProceduresAm I worrying for nothing?

Hello,

On 1-19-2012 I received email confirmation of receipt, a number for tracking on the USCIS website, and I was told my application was transferred to the CSC.
On 1-23-2012 I received a 'touch' on the website
On 1-24-2012 I received my I-797C NOA with receipt number for tracking

My question is, how do i know the CSC actually received my application? I have had no touches since what I listed above and I worry that it was mailed and not received.


I havent had a touch since late October. I wouldnt worry.... they have received it. :) you wont likely get a touch until the day of or day before noa2
BesosforMexicoFemaleMexico2012-02-19 09:16:00
K-1 Fiance(e) Visa Process & ProceduresDidn't submit a letter of intent
Do you think I could turn this into a class action suit against her for requiring her clients in those 500 other cases as well to pay for an I-130 when it is not needed?
BesosforMexicoFemaleMexico2012-02-19 16:27:00
K-1 Fiance(e) Visa Process & ProceduresDidn't submit a letter of intent

Okay so the $5000 included all fees? So the medical? Police check? and visa application fee were included in the $5K? It's around $1000 for all those fees. She got $4000 in legal fees or maybe 2-3 hours work TOTAL (your fiance will do the same amount of work himself waiting at the medical and interview).

They usually use an application to fill out the paperwork. They fill in the program with your info. The forms are already on the system so they select which ones they want printed and the program inserts your info into the fields. The attorney will read the forms to double check it "looks pretty", they'll get their assistant to photocopy supporting documents and a copies for their file. Then they'll mail it out.

They'll receive your NOA1, photocopy it and send you a copy. They'll get your NOA2, copy it and send you a copy. How are they paying the fees for the medical? Are they giving your fiance a check and if so... how? Then your fiance attends the medical himself, pays the travel fees to get there. Pays for his police check (he's gotta sign it) and waits for his interview. Do they pay his travel fees to the interview or accommodation fees if he travel from some distance away? Unlikely so he'll pay for all that. Attend the interview and await his visa.

So you see, there's really nothing she's doing that you couldn't do, and none of that is worth $3.5K-4K.


Nope, the first payment was for only the fees associated with submitting, not anything for further steps. I'm paying for the medical, I'm paying for the remainder of the costs. She got a good chunk of my money for nothing.
BesosforMexicoFemaleMexico2012-02-19 14:21:00
K-1 Fiance(e) Visa Process & ProceduresWife came on a k1 now want to do a following-to- join for daughter
Her visa was issued on September 14 by US Embassy, Moscow! Thank you for your help. Our family is very happy today. :dance:
hobbitofohioMaleRussia2011-09-16 05:02:00
K-1 Fiance(e) Visa Process & ProceduresWife came on a k1 now want to do a following-to- join for daughter
Where do I find this set of forms and the steps for a follow-to-join using them?
hobbitofohioMaleRussia2011-08-01 21:36:00
K-1 Fiance(e) Visa Process & ProceduresWife came on a k1 now want to do a following-to- join for daughter

I-824 is not the right form. You need to go directly to the consulate with the same forms (DS) as P-3 for your now wife.

My wife is in the USA and her daughter is in Russia. The P-3 is foreign nationals to enter into the U.S. to perform, teach or coach as artists or entertainers. Why would she use a P-3 for a following-to-join?
hobbitofohioMaleRussia2011-08-01 19:41:00
K-1 Fiance(e) Visa Process & ProceduresWife came on a k1 now want to do a following-to- join for daughter
My wife has her green card. We are filing in an I824 to bring her daughter here. On part 3 it asks for "information about the original petition or application." Are they meaning the I-485 Adjustment or the I-129f? We are not sure which they want.
hobbitofohioMaleRussia2011-08-01 19:19:00
K-1 Fiance(e) Visa Process & Proceduresapplying k1 but will put married?

This is not a good idea, lose lose situation. get married apply marriage like your supposed to.

The friend married by proxy. They are married. So they either do a k1 or consumate the wedding then do a c1.
hobbitofohioMaleRussia2011-09-16 14:13:00
K-1 Fiance(e) Visa Process & Proceduresapplying k1 but will put married?

Hobbit hit the nail right on the head. A proxy marriage is legal, I know Texas and a few other states recognize them, but FOR IMMIGRATION PURPOSES a proxy marriage is not recognized unless it has been consummated. Filing for a K-1 is the proper way to do it but expect a lot of trouble along the way. Right a clear letter explaining the situation and provide it along with copies of the proxy marriage paperwork, maybe highlighting the words relevant to proxy.

I have read here of people who were denied fiance visas because the consulate believed they were actually married so anticipate and prepare for this.

Our troubles were at the adjustment interview. The man did not believe that Texas did proxy weddings! Our papers were approved once he understood that Texas really did such weddings. He also read the information from the state department manual. No one in the Columbus office had ever heard of a Texas proxy wedding nor handled a K1 proxy wedding. So they were not pleased to be learning about it. However, we gave them every need document, and even the needed references from the government sources. So it was a few minutes of problems.

The Moscow Embassy saw the statments of it not being consummated, and the pages from the State Department manual. That interview was very short and easy.

If you give them everything so they do not need to put down their coffee cup, they are really not hard to deal with on this type wedding. The main issue is they do not see it every day and need to have the process handed them.
hobbitofohioMaleRussia2011-09-16 11:29:00
K-1 Fiance(e) Visa Process & Proceduresapplying k1 but will put married?

Proxy Marriages are still considered legal, you paid someone to stand in for you. She is married and therefore should not file for K-1. If nothing else that is why the military accepted the certificate and updated DEERS. If the Army does anything correctly is annotate who is entitled to Government benefits to include monies Soldiers get when they claim being married.

This is a advice from a 22 year Army veteran that was AG (Adjutant General Corps for 13 years).

They are claiming married for a reason, file the CR1.

Major, U.S. Army Retired


You are not correct for an unconsumated proxy wedding. The military accepts the wedding, as do all parts of the government but not for immigration. So they need to file a k1 and list married. See my above post for the information from the state department manual on how to handle this type wedding.
hobbitofohioMaleRussia2011-09-15 22:07:00
K-1 Fiance(e) Visa Process & Proceduresapplying k1 but will put married?
I do not read the forums much. If you want additional help or have questions send me a message.
hobbitofohioMaleRussia2011-09-15 22:01:00
K-1 Fiance(e) Visa Process & Proceduresapplying k1 but will put married?
You file a k1 and list married. You are married, but need to use the k1.

Here is what I used in the process:

The cover letter for the I-129f should add the following:

I have entered into a proxy marriage which has not yet been consummated. For this reason, pursuant to USCIS requirements, I am applying for a K-1 visa, and not a K-3 visa. Thank you for your attention to this item.


====================================================================
Used in place of Statement of intent to marry with the K-1.

Statement of My Intent to Consummate Proxy Marriage


I, _______________________________________________, hereby affirm my intent to consummate my proxy marriage to _______________________________________________, my spouse, solemnized on_____________________.


I intend to consummate our marriage within 90 days of the admission, to the United States of America, of myself/my spouse, specifically named here: _______________________________________________.



My Address is:


My Telephone Number is:




Signed this _______ day of ______________________, 20_________


X____________________________________________________

==================================================================================
Cover note for Embassy forms and support documents


Note Regarding Proxy Marriage


PLEASE NOTE:

I, the applicant, have entered into a proxy marriage which has not yet been consummated. For this reason, pursuant to USCIS requirements, I am applying for a K-1 visa, and not a K-3 visa.

Thank you for your attention to this item.

Sincerely,

X_______________________________________

0


U.S. Department of State Foreign Affairs Manual Volume 9 - Visas states:

9 FAM 40.1 N1.3 Proxy Marriage
9 FAM 40.1 N1.3-1 Consummated
(CT:VISA-1000; 09-03-2008)
For the purpose of issuing an immigrant visa (IV) to a “spouse”, a proxy
marriage that has been subsequently consummated is deemed to have been
valid as of the date of the proxy ceremony. Proxy marriages consummated
prior to the proxy ceremony cannot serves as a basis for the valid marriage
for immigration purposes.
9 FAM 40.1 N1.3-2 Unconsummated
(CT:VISA-1165; 03-06-2009)
A proxy marriage, that has not been subsequently consummated, does not
create or confer the status of “spouse” for immigration purposes pursuant to
INA 101(a)(35). A party to an unconsummated proxy marriage may be
processed as a nonimmigrant fiancé(e). A proxy marriage celebrated in a
jurisdiction recognizing such marriage is generally considered to be valid,
thus, an actual marriage in the United States is not necessary if such alien is
admitted to the United States under INA provisions other than as a spouse.
(See 9 FAM 41.81 N1.1.)
http://www.state.gov...ation/86920.pdf

9 FAM 41.31 N14.2 Proxy Marriage
(CT:VISA-701; 02-15-2005)
A spouse married by proxy to an alien in the United States in a
nonimmigrant status may be issued a visitor visa in order to join the spouse
already in the United States. Upon arrival in the United States, the joining
spouse must apply to the DHS for permission to change to the appropriate
derivative nonimmigrant status after consummation of the marriage.

http://www.state.gov...ation/87206.pdf
http://www.state.gov...ation/87206.pdf

If the proxy marriage (unconsummated) does not confered by Immigration the status of spouse, then you can not apply for a CR-1. The immigrating spouse need be processed as a nonimmigrant fiancee (K-1). The couple are legally married at the time of the proxy wedding. They need to comsummate the marriage within 90 days after POE. If marriage is consummated before POE, cr1 is used because status of spouse is confered.


Put these papers with the k1 forms and the adjustment filing. You also should bring to all interviews and give to the person before the interview starts.

Edited by hobbitofohio, 15 September 2011 - 09:59 PM.

hobbitofohioMaleRussia2011-09-15 21:57:00
K-1 Fiance(e) Visa Process & Proceduresdouble proxy marriage
If the wedding is USA proxy and the couple have consumated the wedding, the k3 is process where every the spouse lives. They would not travel to the USA for an interview to be issued a visa to the USA.


In 2009, I attempted to set up a Greek wedding with my now Russian wife, I was told by the embassy she would need to return to Greece for the interview. We were looking at a k3 at that time.
hobbitofohioMaleRussia2011-11-16 16:37:00