ForumTitleContentMemberSexCountryDate/Time
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
K-1 Fiance(e) Visa Process & Proceduresdouble proxy marriage

Hello
I also did proxi marriage actualy we sopose to call it absent marriage.
and i am in usa.
once you married you married you cant apply for K1.
but you must have to check where your husband resident is means in which state.because some state dont accept absend marriage ( proxi )


A USA proxy is valid in all states, however there is some issue in Kansas, that can cause some problems. Most states do not do such weddings, but accept as valid from a state that does proxy wedding.

The main issue with a none USA proxy wedding is the embassy interview needs to be in the county of the wedding. If the spouse is not from the country doing the proxy wedding, you can end up with issue of added travel. However if you live together and you are bringing the spouse here with you. It is not an issue.
hobbitofohioMaleRussia2011-11-14 19:25:00
K-1 Fiance(e) Visa Process & Proceduresdouble proxy marriage

Karren,

Under no circumstances do you attend that interview and lie to the CO. Your double proxy marriage has been consummated, therefore, for immigration purposes you're married. A K-1 is not the proper visa for you. Had you not consummated the double proxy marriage, then the K-1 would have been proper.

It was suggested that you withdraw the K-1, the petitioner should write a letter explaining he was confused early on in the process as to the proper petition to file. Make it clear in the letter the petitioner was merely confused and did not attempt to cancel or misrepresent a material fact.

Indicate you have a better understanding of the proper petition to file, and you plan to submit a I-130.

Why attend an interview for a K-1 when you're married?, I would cancel that interview then start the process over.

You are 100% correct on this.
hobbitofohioMaleRussia2011-11-14 07:42:00
K-1 Fiance(e) Visa Process & Proceduresdouble proxy marriage

So you are saying that it should have been spousal visa since they consummated after the marriage and
it could have been okay for K-1 if the guy didn't fly to the Philippines?


Yes spouse visa since consumated. Yes k1 if the guy did not meet her. It did not matter where, but it matters that it is after the proxy wedding. Meeting after the proxy wedding makes the k1 NOT the correct visa.
hobbitofohioMaleRussia2011-11-14 06:35:00
K-1 Fiance(e) Visa Process & Proceduresdouble proxy marriage
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
hobbitofohioMaleRussia2011-11-14 05:59:00
K-1 Fiance(e) Visa Process & Proceduresdouble proxy marriage

Why is that so? The guy is the one that flew in the Philippines to see her.


He needs to bring her to the USA on a cr1. USA law will accept a proxy wedding as valid, if valid in the location of the wedding. This true for everything but a visa. USA will not give spouse status for a visa until the couple meets in person. Once they meet in person the wedding is valid by USA law for the visa. It does not matter who flew where. It only matters that the couple are together.
hobbitofohioMaleRussia2011-11-14 05:47:00
K-1 Fiance(e) Visa Process & Proceduresdouble proxy marriage

do u think it wouldnt caused by denying my k1 visa if i told them that were married and im on the k1 visa?Does the USCIS make a mistake by tellin my husband that k1 visa is the good one for me,since were married through double proxy and we already consumated it and im pregnant right now.,or should i say tht im not married bcos he admit already that he wasnt married and were planning for our marriage after my 90 days arrival in States if ever they give me a US VISA.. any answer would be appreciated.,


You should not lie to them. You are married. It is a USA wedding from the state of Montana. Had you not consumated the wedding you would use a k1, but even then you would still file as married. It is not seen as valid for spouse visa until consumated. Your wedding is consumated. You need to come to the USA on a normal visa for a spouse. You will need show proof of being together after wedding. Other wise all paper work is the same as a normal wedding.

I married by proxy and brought my wife to the USA. We had to use K1 because we had not consumated the wedding. We had to file all papers as stating we are married, but on the k1. However your meeting in person after the wedding makes the k1 the wrong form to file.

Edited by hobbitofohio, 14 November 2011 - 05:35 AM.

hobbitofohioMaleRussia2011-11-14 05:33:00
K-1 Fiance(e) Visa Process & Proceduresdouble proxy marriage
You can not file for a k1. Your proxy wedding was a consumated. A k1 will be turned down. Had you not seen each other after the proxy wedding, you would need to do the k1. If he filed the k1, he needs to refile. Remember to bring to the interview proof of having seen each other after the wedding.

Congradulations!
hobbitofohioMaleRussia2011-11-14 05:18:00
K-1 Fiance(e) Visa Process & ProceduresWaiting for NVC case number...

Surprisingly the people at the NVC are very very nice and are willing to continue to see if you have a case number yet. I would call them tomorrow and if you still don't hear anything call them the week after. Patience is key in this process but there is nothing wrong with being persistent.

Thank you, I did call tonight again and the automated service doesn't have the recrod of my case number. So, I will call tomorrow too...

Ashlyn&Grevin are right. The people at NVC are super nice. I called everyday, seriously, everyday. Call as much as you want. The way I figure it is I am a paying customer in this process, if I want to call everyday I will. So don't feel bad and like I said they are super nice.
Good luck! Hope you get good news soon!

I'm so glad to hear that they are so nice. I will definitely be calling them tomorrow!! Thank you for ur input! :)
Ivica_Marija_11FemaleBosnia-Herzegovina2011-08-09 19:07:00
K-1 Fiance(e) Visa Process & ProceduresWaiting for NVC case number...
On July 18th, my I130 petition for my hubby was approved. On July 22nd, I received the letter from the California Service Center regarding the approval. About 7 days ago, I called the NVC office and spoke with a customer rep there. All I wanted to ask them was what were the chances that they might already have my case number, but the automated service just doesn't have it updated yet. She told me if the automated service doesn't have a case number for me by August 9th that I should call again and speak to a human being. Honestly, I'm terrified to call them. This perticular lady was very nice and I apologized for bothering her. She said, "It was no problem". Now, my question is, do I call them on August 10th if the automated service doesn't have a case number for me or should I wait until August 18th like it says in the letter before calling them again??? Thank you!
Ivica_Marija_11FemaleBosnia-Herzegovina2011-08-09 18:18:00
K-1 Fiance(e) Visa Process & ProceduresPackets 3 & 4

Packet 3 is typically sent to the beneficiary with instructions for the medical, affidavit of support, police clearance, etc. Packet 4 is what's sent to schedule the appointment.

Something like this posted on the Sarajevo website ( http://sarajevo.usem..._checklist.html ) for spouse visas. The K1 list ought to be fairly similar.

Does this checklist also apply to the people who will be interviewed for immigrant visa, please???
Ivica_Marija_11FemaleBosnia-Herzegovina2011-08-11 19:47:00
K-1 Fiance(e) Visa Process & ProceduresInterview Scheduled
My hubbys interview will be on Monday, September 26th!! Please, everyone keep us in your prayers. Thank you very much!!!!
Ivica_Marija_11FemaleBosnia-Herzegovina2011-09-23 04:56:00
K-1 Fiance(e) Visa Process & ProceduresDenied ?

Mrs.Edwards/Kay and others who have had their case returned to the US sorry to hear that -- but don't give up...my cousin's cause was complicated and his case was sent back with no reason...stay in constant communictions, but please find out everything the CO asked them during the interview...that was key in getting their case approved...it took a very long time but they got approved so please don't give up. His wife had to attend a second interview; the we interviewed separately; then together --- wishes ya'll the best.



One Love,

Trelawny



One Love,

Hello, Thank you for the encouragement. How long did it take for your cousin's case to go back to the USCIS and be reviewed and then approved?
Did they ever find out why it was sent back?
Mrs. EdwardsFemaleJamaica2011-06-27 08:12:00
K-1 Fiance(e) Visa Process & ProceduresDenied ?

I provided more than enough information to my fiancé. I sent him 4 months of bank statements from me and my co-sponsor, 3 years or taxes from both me and my co-sponsor, I sent 35 photos with not only he and I but friends and family, I sent my birth certificate and my passport as well as my co-sponsors, I sent them a letter from my employer stating that I was just employed on the 1st of June 2011, I sent a letter from me co-sponsors employer, I have never been married so I didn't need clearances. Like I stated before the only thing I did not send was the phone logs.

The same happened to my husband who had his interview on June 7, 2011. He had a large file of information, pictures, western union, money gram, phone records, letters, afadavits of our relationship,my w2's for the past 3 years, marraige certificate, my pay stubs, airline tickets and itineraries. We have been together 7 years and married for 1 1/2 years. He answered all of the questions correctly and they still handed his passport back took his file of paperwork and said that they were sending it back to the USCIS for further review. They never gave him anymore information. No blue slip. I have since emailed and called the embassy in Kingston. Had my congressman contact them and also the DOS and USCIS. According to the congressman they are questioning the validity of our relationship.They all say we will have to wait until the case is back in the USCIS. The only redflag we have is an age difference. They shouldn't deny because of the age as I have know others to get their visa with an age difference. I don't know what other proof of our relationship they could want. I sent everything.
Mrs. EdwardsFemaleJamaica2011-06-23 16:17:00
K-1 Fiance(e) Visa Process & ProceduresDon't know what to do

ok I will...

I emailed them 5 days ago and I haven’t gotten a response. I hope to get something tomorrow if not I will send it again.

I emailed and also called the Kingston embassy. They wouldn't tell me anything.
Mrs. EdwardsFemaleJamaica2011-06-30 19:50:00
K-1 Fiance(e) Visa Process & Procedurespetition return to USICS

Ok thanks guys so much for the information, it helps just to know where things stand and what to expect between wait time.:wacko:

Mine took 2 months to reach the USCIS from Kingston. It has been 6 months since the interview and still haven't heard anything since they received it back to the USCIS.
Mrs. EdwardsFemaleJamaica2011-11-21 02:13:00
K-1 Fiance(e) Visa Process & ProceduresOnline Case Status Update
i did see a place at the website for the consulate in cairo
you have to go under visa and then immigratn visa and then pending. I hope this helps :)
shoshoandhamadaFemaleEgypt2011-09-20 12:18:00
K-1 Fiance(e) Visa Process & Proceduresnvc ds3032
I am soo confused about this paper.
Can we send it by email or it have to be the papers version. The paper they send i think the invoice for 88$
confused me. It is for the the Agent. Can we send it by email and then packet 4 in mail or all of it has to be mailed.


Thanks
shoshoandhamadaFemaleEgypt2011-09-20 12:05:00
K-1 Fiance(e) Visa Process & ProceduresLoss of supporting documents

She meant the US Embassy in Manilla. They don't accept co-sponsors with the I-134, but you may be able to have someone besides the petitioner sponsor your fiance.

Now you have confused me. I'm the petitioner and I have someone who will co-sponsor my fiancée. The US Embassy in Manila won't accept the co-sponsor? Something doesn't sound right. :blink:
Aileen and SteveMalePhilippines2012-01-04 15:55:00
K-1 Fiance(e) Visa Process & ProceduresLoss of supporting documents

Aileen/Steve,

Congratulations on the victory of find the engagement ring even in the face of the tragedy and devastation!! Her tenacity in finding it speaks well...maybe some help from above also. Don't know, just saying. :innocent: That ring will have memories and a story behind it now. Should you have the opportunity to contact the U.S. Embassy, let myself (and VJ members) know what the embassy's response is? Good to know you have pictures available.

Regards,

Daniel/Chel


I believe there was a lot of help from above. :innocent: :thumbs: :yes:
Aileen and SteveMalePhilippines2012-01-04 15:45:00
K-1 Fiance(e) Visa Process & ProceduresLoss of supporting documents

Are you attending school? Is that why you need a co-sponsor? The reason I ask is because the Philippines doesn't like to accept co-sponsors for the K1 unless the petitioner is in school. It's a case-by-case basis but you should be aware of this (or anyone else reading).

Just out of curiosity, why is this? And do you have links to more info? I thought it was the US Embassy that did the approvals there.

I'm happy she was fine and WELL DONE! finding the engagement ring!! :D I'm sure they'll understand that she lost stuff so it's important you send as much of your stuff as you can. Chat records, emails, Western Union receipts, stuff like that.


Aileen and SteveMalePhilippines2012-01-04 15:41:00
K-1 Fiance(e) Visa Process & ProceduresLoss of supporting documents

sorry to hear about her being affected by the typhoon. good thing she and her family are safe.
since youre still starting to file, dont worry much, send what you have and then while waiting try to build more proof she can show on her interview. another visit would be nicer or prolly being there on her interview. Goodluck Posted Image

Thanks!

I would like to be there for the interview, but I don't think the finances will allow that to happen. :(
Aileen and SteveMalePhilippines2012-01-04 15:35:00
K-1 Fiance(e) Visa Process & ProceduresLoss of supporting documents

At your sweetheart's interview, the consular officer (CO) will want to see her CENOMAR, NBI clearance, and a few photos. The CO more than likely won't ask for letters, cards, and receipts.

Is this normal for most interviews at the Philippines Embassy?

If she's still worried, she can show the CO her flood photos. Also, you can email her some photos for the interview so she has a few of you two together.

I definitely would get the passport replaced because the Embassy won't put a visa in a damaged passport.

Back in March, the last night with her, I copied every photo she had on her hard drive and memory card to my USB stick. That little voice in my head said it was a good idea to do that. Little did I know why I was doing it. :)

Her passport expires next month and she just sent it in today for renewal.
Aileen and SteveMalePhilippines2012-01-04 15:33:00
K-1 Fiance(e) Visa Process & ProceduresLoss of supporting documents

Where are you at in the process? Have you even filed for a petition yet? I can't tell by your timeline. If not, you still have plenty of time to get your evidence together. Most of the evidence she will need will either come from you, or will be stuff she will have to get from the NBI and NSO. If you have a half dozen pieces of the various kinds of evidence she needs to show a continuing engagement, then you have more than enough. The rest is just documents she will need.

I will be starting the initial filing in the next week or two.

I think I answered your other questions in my reply to Book Em Dano. I'm extremely tired and can't keep my eyes open, so I may have missed something.
Aileen and SteveMalePhilippines2011-12-31 22:22:00
K-1 Fiance(e) Visa Process & ProceduresLoss of supporting documents

Hello,

You didn't mention it, but hopefully no one in your lives was lost due to Sendong; it has affected so very many people. My fiance lives in Tablon and we're thankful that her family is okay; she lost some friends though.

I'm sorry that the engagement ring was lost. Do you and your fiance have family members that might have taken pictures of you both and that you can get copies of? What about Skype or YM chat session logs? Phone records? I'm definitely not an expert in immigration issues/petitions, but I'd think that in lieu of her documentation being lost, the documentation that you have that references the BOTH of you will be equally important. I think that your suggestion that she take pictures of the interior of the house might be quite helpful...I'd include some outside ones also. The embassy has knowledge of the tragedy that occured so hopefully they'll consider that. Is it possible for either of you to contact the embassy directly and ask for their suggestions? I don't know how that works.

Take care. I'm sure there are more senior VJ members that would have better insight and able to assist you.

Regards.


Everyone in her family survived. If her 2 nephews had not been coming home from the night cafe around midnight and noticed the river was abnormally high and woke up the family they may not have made it. She did lose one friend and her sister lost at least one friend from school.

I just received a text message from her as I was reading your post. She just found the engagement ring! She is one tough cookie digging through all that mud to find a tiny piece of jewelry. :)

I have all the photos from my visit there so thats not an issue. I was concerned about the loss of cards, letters, etc that I sent to her. As far as legal documents I know we have plenty of time to get those replaced.

Thanks for the advice on contacting the embassy, I didn't think about doing that. :thumbs:
Aileen and SteveMalePhilippines2011-12-31 22:18:00
K-1 Fiance(e) Visa Process & ProceduresLoss of supporting documents
After 5 years I'm finally able to start the K-1 visa process due to a co-sponsor stepping up and offering to help. The big problem now has been caused by the recent typhoon in Cagayan de Oro, Philippines. My fiancée lost all her supporting documents (letters, cards, receipts, etc) due to the floods. She has been digging through knee deep mud to find as much as she can. She managed to find her passport, although very muddy. :) The engagement ring is still lost. :( Fortunately, she was very good about sending me lots of cards and letters over the past 5 years.

My question is, how important is her proofs for this process?

Because of her losing just about everything, she is worried she will be denied. I told her to take interior pictures of her house of the destruction the flood caused to possibly use as supporting evidence as to loss of proofs. Thankfully, I have copies of all the pictures from when I was there so that part is still covered.

Any insight you can give is greatly appreciated.

Thanks!
Aileen and SteveMalePhilippines2011-12-31 21:28:00
K-1 Fiance(e) Visa Process & ProceduresAre they working today?

Its been really discouraging, personally speaking. May was such a lively month with multiple daily approvals and even livelier joyful comments and wishes, and now its dead. There have only been a few approvals this month and I am not seeing anyone posting. Its honestly depressing the sh#t out of me. I was truly hoping for a late May, early June approval. I wasn't planning anything but I was really hoping to see my baby in August. I think USCIS are back to the good old governmental bureaucratic process or lack of it.... Good Luck to you ALL !!!


Have faith. Some have been updating their timeline and it's showing up in Igor and not creating a thread....
Dave and KinnariMaleIndia2011-06-06 19:29:00
K-1 Fiance(e) Visa Process & ProceduresAre they working today?

I, as well as other VJers, sadly notice that there have been no approvals today in either the VSC or CSC. What is going on? :( :o :bonk: :wacko: :angry: :crying:



Wondering the same as well. lol

Hopefully they rain a ton of approvals the next couple days.

Edited by Dave and Kinnari, 06 June 2011 - 05:00 PM.

Dave and KinnariMaleIndia2011-06-06 16:59:00
K-1 Fiance(e) Visa Process & Procedurescan someone explain to me this
Depends on the cosulate/embassy of the Country.

Here, have a look at Mumbai's (India) here.

http://mumbai.uscons...---packet-3.pdf
Dave and KinnariMaleIndia2011-06-06 20:48:00
K-1 Fiance(e) Visa Process & ProceduresCSC speeding things up?
It's been pretty quiet compared to the last couple weeks for approvals from CSC.

I am just playing the 5 months and if we get approved before hand...I consider it a blessing.

I suggest you do the same.
Dave and KinnariMaleIndia2011-06-08 14:50:00
K-1 Fiance(e) Visa Process & Procedurespersonal talk in proof of relationship documents
I plan on leaving mine in...

I don't care if they read it or not. LOL.

We Indians did develop the kama sutra you know.... Posted Image
Dave and KinnariMaleIndia2011-07-09 17:59:00
K-1 Fiance(e) Visa Process & ProceduresNOA1 date question
When you receive the actual receipt in the mail there is a date called "Priority Date". That is the date that you should go by as that day it was scanned into the CIS system...

Edited by Dave and Kinnari, 10 July 2011 - 03:23 PM.

Dave and KinnariMaleIndia2011-07-10 15:23:00
K-1 Fiance(e) Visa Process & Procedures1/2 a day and we will be together again
I can't wait for this day either.

Congrats!
Dave and KinnariMaleIndia2011-08-07 09:53:00
K-1 Fiance(e) Visa Process & ProceduresDoes India accept co-sponsors?
Yes, co-sponsors are accepted.
Dave and KinnariMaleIndia2011-08-07 16:07:00
K-1 Fiance(e) Visa Process & ProceduresK1 being sent back to USCIS. Anybody..?
QUOTE (JimVaPhuong @ Jun 8 2009, 09:17 PM) <{POST_SNAPBACK}>
QUOTE (saaheb @ Jun 8 2009, 05:10 PM) <{POST_SNAPBACK}>
Thanks all for your thoughts on this. I am trying my best to hold the petition there at the consulate. Trying it through
the congressman and also sending them direct emails. I see no response yet and I am not very hopeful.
I am thinking of going back sometime soon and then applying for K3. Hope that gives them ample 'evidence of relationship'...


Before you consider filing another petition, you need to find out why they returned your first petition. If you don't address the problem they found in the first petition then your second petition is probably going to be denied, as well.

A potentially bigger problem is if you just decide to ignore the first petition, get married, and file for the K3 or CR1. If the first petition hasn't already "died" at USCIS for lack of a response from you, it will be dead when you file the second petition. The potential problem is if the first petition was returned for suspected immigration fraud. In this case, the CO will mark the petition "suspicion of misrepresentation of material facts". If you do nothing, then the suspicion becomes a presumption of fact. Your fiancee will be banned from entering the US because of this presumption, and she may not find out about it until her next interview. This would send you back to square one, requiring you to file a waiver to lift the ban.

If you can get the petition held at the consulate so that your attorney can respond to the denial, that's great. If not, you will probably receive a Notice of Intent To Deny (NOID) or Notice of Intent to Reject (NOIR) from USCIS after the petition comes back to the US. Be sure to respond to this notice, even if your response is to withdraw the petition so you can file for the K3 or CR1. Responding will prevent the accusation of misrepresentation from becoming a presumption of fact, and avoid the ban for your fiancee.

Talk to your lawyer about this, and do NOT let your lawyer forget to respond to the notice.

Good luck!


Great post. You need to address the issue you were denied this time or you could face problems with a spousal visa. If they didn't think you for real the first time, why would they believe you the second time.
msu17FemaleUnited Kingdom2009-06-08 23:33:00
K-1 Fiance(e) Visa Process & ProceduresK1 being sent back to USCIS. Anybody..?
Sitting tight is a bad idea. Once the petition is sent to the US it is stuck until it expires. Typically from what I've read is people try and do anything they can to keep the petition at the embassy. My suggestion would be to go over to the Indian subforum and ask. I looked on there and it seems like that embassy can be very picky what they want from petitioners. Get on this ASAP and hope its not too late. Good luck!
msu17FemaleUnited Kingdom2009-06-08 17:47:00
K-1 Fiance(e) Visa Process & ProceduresG 325A question
Pm sent with my email address seems this question was asked by another person after I did.
easyukraineMaleUkraine2010-10-12 19:08:00
K-1 Fiance(e) Visa Process & ProceduresG 325A question
thanks
easyukraineMaleUkraine2010-10-11 21:24:00
K-1 Fiance(e) Visa Process & ProceduresG 325A question
I should have just emailed you before I posted.
Les
easyukraineMaleUkraine2010-10-11 13:40:00
K-1 Fiance(e) Visa Process & ProceduresG 325A question
Can I use an electronic signature on the form or have it done in Person. she lives in Ukraine so also need her to write her name in native language if I cant just type it in.
easyukraineMaleUkraine2010-10-11 13:13:00