ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresSad Update
First of all I wish to say... HUGSSSS....
NEVER NEVER be ashamed of what actions someone else places upon you ..
Persons like him.. will get their due.. .. best be when it affects him most.. ..
he will get his life rug pulled out from under him.. schumck.. ..

Main thing.. be strong.. .. Hold your head high... remember... your Son.. will learn.
Know that he sees the actions of this man... he will remember.. and will remember that
this is not a way any lady should be treated. If anything at all is learned from this whole situation
just knowing you and your son.. can stand on your own feet.. no matter where.. or how.. you
are much better without this..
It hurts.. yes.. but please dont cause this to get you to lose faith in men..
Your love will be there.. one day when you least expect it.. ..
Until then.. thank god that you found out now.. .. before.. something really bad happened..
If he could have treated you as this before you marry.. can you imagine what could have
happened once you were here and married... ..
(F)
JanaknJanetFemaleIndia2006-02-16 17:28:00
K-1 Fiance(e) Visa Process & ProceduresLetter from Employer

Since Japan asks for I-134, you only need your last income tax return filed, not last three.


Re-read the statement.... SELF EMPLOYED... = 3 Years of Taxes no exceptions doesnt matter if it is I-134. Self employed is self employed..
JanaknJanetFemaleIndia2006-02-26 00:38:00
K-1 Fiance(e) Visa Process & ProceduresAnybody from INDIA?
HI again. just relocated a good link. .. this is the one i was hoping i could find for you ..

http://www.visajourn...type=post&id=62

it is the Mumbai Consulate CR1 Visa Guide but easy to read for information for K-1 as well.
JanaknJanetFemaleIndia2006-03-06 23:20:00
K-1 Fiance(e) Visa Process & ProceduresAnybody from INDIA?

Hello Everyone!

Is anybody from India here, who applied for K1 visa? please let me know what's the visa fee we have to pay in Indian Rupees, when the visa gets approved? Thanks.


Hi and welcome.
Not too sure if you have found these sites yet.. . dont forget to look up the embassy info.. in the above links.

I will be doing my K-1 via Mumbai... just on hold due to divorce documentation..
I have found that the following links have been excellent for information.
Also you can do a search .. for India.. and also look up other persons that have filed.. many of which are no longer in this thread but are awaiting their AOS or GC.

Good luck :thumbs:

http://www.visajourn...umbai-India.htm

http://usembassy.state.gov/mumbai
JanaknJanetFemaleIndia2006-03-06 22:47:00
K-1 Fiance(e) Visa Process & Proceduresstate aid question
If she is on assistance and you marry. if she still qualifies for the assistance. she will receive it. You will not be elegible for it. However she is.
I have a friend that was going tru similar situation. Family services stated that she would still be eligible the income you get is seperated.. since you are still in process of residency... you wont have your green card yet.. .. therefore they seperate it.
She may wish to ask her worker of the details. But as far as foodstamps or medical it is counted for her. not giving you the benefit so .. therefore benefits for just her and baby .. not you her and baby.. household size for benefits is different..
JanaknJanetFemaleIndia2006-03-22 18:15:00
K-1 Fiance(e) Visa Process & ProceduresHow do you deal with loneliness?
Knight... .. simply put.. for myself being female... I cry.. and dang it I have cried alot most lately ..

Last time I was able to be with Jan was July 7th.. ,, we normally have our Daily morning phone call.. 10-30 min .. then textmessages.. then online .. then he sleeps.. when I continue with my day.. My evening is calls to him and texting and of course a good hour or more on chat as well.. However.. he has recently taken a business trip to Belgium... still awaiting a sim card for the phone.. .. .. I am here in Oregon.. our time changed today.. now instead of 10 hours difference.. it is 9 hours. .. making it rather hard to catch each other when we are both awake or not working.. .. .. .. I miss him terribly... I know he is safe.. but.. just not having the opportunity to simply hear his voice on the other end of the phone.. even for a simple minute. is tearing me up..

Totally sympathize about the "no power" situation... many times in India they too get blackouts.. . and have had many times when I tried to call and it rings and rings.. but it never goes tru to him... I have even been online with him .. when i called.. .. no connection.... bad phone card .. or static.. .. then.. time when he sends me 4-5 messages via mobile.. and i never get.. .. times when Yahoo.. clicks off or msn.. isn't compatible.. .. .. sooo frekin frustrating... ..
Even worse when it is a important time.. ie birthday.. or holiday.. or .. special celebration.. or even worse.. family emergency... . My daughter has been in the hospital.. very scary.. and . damit he should be here. but. he cant... grrrrrrrrr.... .. All I can say.. is.. I close my eyes.. feel him close.. know.. that .. he is in my heart.. and myself right there with him.... distance is only relative to space.. .. and that cannot take away the love that is in my heart..

When you finally know what you feel.. the love.. the completeness.. .. distance .. and .. time.. is just a small very important part of us... .. trust your love.. .. .. time is just that. time.. always more of it tomorrow.. but.. true love.. is .. precious.. a gift.. ..

Its hard.. its painful.. but.. trust what you have... don't let it go... hold on tight... HUGS..
JanaknJanetFemaleIndia2006-04-03 00:21:00
K-1 Fiance(e) Visa Process & ProceduresNeed some loving & support
Hugs to you both...
a Years dang long..
soo frustrating .. when you are "placed" in the same group.. for more detailed investigation only due to where you are from.. or common name. or.. looking crosseyed at the processor.. ..
Either way it doesnt make it easier..
I hope and pray that you open your mail anyday and there is a fantastic response... ..
JanaknJanetFemaleIndia2006-04-15 19:40:00
K-1 Fiance(e) Visa Process & ProceduresGross income? --still unclear (form 134)
ok ok .. for example sake..
I too am self employed..
being self employed I understand about the frustrations of this.
number wise..
ok I have one dependant daughter.. so for me daughter and fiancee. would = 3
because I am thinking of long term AOS I wish to use the 100% number. not the 125% = $20773
I know it confuses some but why should i run into problems then. . and sail tru K-1 with 125%

ok.. Schedule C. = gross income 31820
business expenses 11047
NET PROFIT 20773

LINE 12 Businesss Income 20773

Line 22 Total Income 20773


Line 37 Adjusted gross Income 19305 which is total income - one half self-employment income


For K-1 and AOS they look at TOTAL INCOME... not adjusted.. it is used as line 22 from 1040


I am normally able to use much more deductions on my taxes for business expenses... usually lowering my income dramatically to less than 10K. but with being in the process of sponsering.. I have to make sure i have enought shown.

Someone pointed out to me... even if you have to "pay" some taxes.. he can still be sponsered by you.. plus.. You will be doing this hopefully within 3 years.. therefore.. after.. AOS.. .. worse case scinario and you wished to get your money you paid in taxes... file a amended return.. you have 3 years to do so ..
then you can refile.. with the business deductions.. .. ..
Personally I wont do so ... I feel.. not only will this show i made enough to sponser him.. but.. hey .. it increases my income I made for social security.. .. they go on how much you made for your retirement amount... and if i always make it so i claim as little as possible. in order to pay less or none in taxes.. then. when it comes time for me to retire and get social security.. All the years of my hard work.. will give me little to nothing as a social security benefit .... catch 22?

Just remember.. for self employed.. assess what is on the schedule C for you deductions.. limit what you have after all it is to our benefit to claim or not to claim a deduction..

Good Luck.. .

"The income they count is the amount on Line 12 of your 1040. They will not count your gross receipts before your self-employment taxes and business deductions are taken out... "

self employment taxes.. are listed on Line 58 as other taxes.. and YES YOUR INCOME IS COUNTED BEFORE THAT... .. Income is only counted AFTER BUSINESS DEDUCTIONS ... not including your SE TAX..
AGI is with the deduction of 1/2 SE tax.. but we dont use AGI.. we use line 22 TOTAL INCOME..


Hope this helps
JanaknJanetFemaleIndia2006-04-17 09:38:00
K-1 Fiance(e) Visa Process & ProceduresFiance entered via K-1 Visa, she then departed
Congrats .. so glad they reissued for you..
Hope everything is ok back home for your honey.. IE emergency..
JanaknJanetFemaleIndia2006-04-27 12:40:00
K-1 Fiance(e) Visa Process & ProceduresProblems
Best Wishes to all that is happening.. to your health . to your bride. to your life..

If you have the license.. get a chaplin to perform it.. once it is stamped.. and legal.. shes yours..

Check out the yellow pages. .. some Ministers will do the performance at your location.. (for a fee of course)

Best bet would be to check out what is required for you state.. for UCSIS .. as long as it is legal.. and binding.. that is what i thought..
JanaknJanetFemaleIndia2006-04-29 10:29:00
K-1 Fiance(e) Visa Process & Proceduresfinal K1 checklist
All looks good.. but just remember you dont need to prove ongoing relationship for first filing.. just proof that you have met.
JanaknJanetFemaleIndia2006-05-03 09:29:00
K-1 Fiance(e) Visa Process & ProceduresCASE APPROVED!!
Happy Dance for youuuuu... congrats.. best of luck to the next step. may it be just as smooth
JanaknJanetFemaleIndia2006-05-10 09:27:00
K-1 Fiance(e) Visa Process & ProceduresNOA2-Case Approved!!!!!! Yippy!!!
Yabbadabbadooooooo.... .. congrats.. looks like they have been kicking em out all at once.. glad yours was one.... good luck on the next step
JanaknJanetFemaleIndia2006-05-10 09:29:00
K-1 Fiance(e) Visa Process & ProceduresThis case has been
whooohooooo congrats to you both..
JanaknJanetFemaleIndia2006-05-10 09:23:00
K-1 Fiance(e) Visa Process & ProceduresMe too!! Case approved!!
YAHOOOo.. California is SMOOOOKKKKKKKIIIIINNNNNNNN... smoking sizzzzzzzzlllllllllll
congrats...
JanaknJanetFemaleIndia2006-05-10 09:31:00
K-1 Fiance(e) Visa Process & ProceduresTOUCHED IN PERSON
so fantastic you were able to go in and at least talk to someone... that alone was such a special gift... just to know that they saw and knew you are a real person.... more personall.. yahhhoooooo...
best wishes for the rest of the journey
JanaknJanetFemaleIndia2006-05-16 16:49:00
K-1 Fiance(e) Visa Process & ProceduresAny In Person Meetings Visa Hold-Ups?

USCIS doesn't care if you met online or in-person.. the important thing is that you've met the person within the past 2 years.


Dont think that this statement is right...? the USCIS does indeed care that you have met in-person if you are applying for K-1.
Isnt it true that we many of us have met our loved ones.. "on-line" That is not qulifiable for the meeting within 2 years requirement of applying for k-1.

It is my ASSUMPTION THAT it MUST be a PHYSICAL in person MEETING to qualify to apply for K-1.
There have been too many rejections of persons not having enough proof of having met... or persons filing before the actual in-person meeting.. ... .

look at the flow chart for k-1....
"4. Declaration of how you met in person in the last two years. This should be a single typed page regarding question 18 of the I-129F. Make sure to sign and date it.
JanaknJanetFemaleIndia2006-05-17 16:00:00
K-1 Fiance(e) Visa Process & ProceduresDivorce decree for K-1 visa
I know it can be frustrating... I am in a similar boat..
STUCK IN DIVOCE DOCUMENT LAND.........

I have my papers.. even got full copies recently, just to be safe.
Janak has been divorced in India for over 4 years. Has a duley notarized documet from the courts.
What we found out is that this is fine for us.. for applying here in USA.. and if he was in any other country, but.. in India he now has to return to court.. 4 yrs later since originally filed .. and get one more document... just specific from the court itself. In India he would be free to marry.. however if he went for his interview.. he would risk having a denial with the document he has. Court system is so tied up in India it is taking ages just to get in. In the mean time, his xwifes relatives got wind that he is traveling abroad for business and now has gotten the Womens right people involved.. for a "fee" ** they figured if he can travel then he has money.. or can get money thus.. the bribes.. threats.. "fees as they call it" get involved.. they told him he would have to give more money .. or they will cause trouble.. or file claims that the divorce is a sham.. it is wrong.. they have now basically told him to pay her more money and the uncle and such more money or they will cause trouble and hold this up in court for many years..and they will seek his fathers estate as well. she already has the house.. and he was given custody of the children. he is providing private education and tutors for his daughter and college for his son.... what more do they want.. ...
All we can do is do it right.. do the children right.. wait and sit quietly not ruffle feathers.. It is not worth losing US due to the stinginess of someone else. and when things can happen .. and be delayed due to pissing someone off.. is it worth doing so?
sorry for my rants... I know your just waiting for the finalization of the documents.. hold tight.. they will be there soon...
Dont rush into something before the documents are in hand.. .. dont risk denial. it is not worth it ..Love will win in the long run...
Wait for the right documents... .. and only then can you get the K-1 filed. . good luck..
JanaknJanetFemaleIndia2006-05-20 12:03:00
K-1 Fiance(e) Visa Process & ProceduresRelief!!!!

QDILLY PLS remove that pic... Ialmost lost my lunch. Those kind need warnings! :no:

I agree with that statement...

Andrew... welcome... thre are many people here that have had so many different situations to deal with.
I hope that your journey with your honey will be smooth..

wherever it takes you... this place ROCKS... alot of good people.. ..
kick around a bit.. read it all. be a sponge.. absorb it.. just remember.. this is a process.. not a personal attack .. even tho some days it can seem to be personal.. ... all in all.. just remember your goal is your baby in your arms. :thumbs:
JanaknJanetFemaleIndia2006-05-29 14:51:00
K-1 Fiance(e) Visa Process & ProceduresHoneymoons

janaknjanet, there are 2 Virgin Islands - the British Virgin Islands, and the US Virgin Islands. Better get your maps out again!!


G


So ok.. I posted the wrong ISLAND... but what I posted did in fact state British VIRGIN Island info... . sooo . pshhaaa.. my bad... .. the last comment you posted I think was not necessary... ..

still ... here you go..... if your gonna flame... flame away...

U.S. Virgin Islands Entry Requirements
U.S. and Canadian citizens need only proof of citizenship and a photo ID to enter the country. All other visitors, including those from the Caribbean should follow the same procedures as if they were visiting the U.S. mainland.


The U.S. Virgin Islands is an unincorporated territory with a non-voting Delegate to the United States House of Representatives.
All persons born on the islands are citizens of the United States and are governed by U.S. law.

You can get married in the U.S. Virgin Islands as easily as you can back home and in one of the world’s most romantic settings. When it comes to wedding locations, Travel America calls a Virgin Islands wedding “a nuptial fantasy that will last a lifetime.” "http://www.usvi.org/...advantage.html"
JanaknJanetFemaleIndia2006-06-09 13:00:00
K-1 Fiance(e) Visa Process & ProceduresHoneymoons


My fiance' (by then husband) and I will be honeymooning within 300 - 400 miles of where we live lol (no money + no greencard = honeymoon from hunger) :lol: but we'll have fun anyway.


I was gonna ask..
Could the marriage take place in Hawaii ?

Why could you not get Married in Hawaii..??

HELLO PEOPLE>>>> Last I checked... HAWAII IS A STATE OF THE UNION!! one of the fantastic STATES OF THE.....UNITED STATES OF AMERICA....
as far as VI...
"VIRGIN ISLANDS, British - Islands include Anegarda, Jost van #######, Tortola, and Virgin Gorda. Proof of U.S. citizenship, photo ID, onward/return ticket, and sufficient funds required for tourist stay of up to 6 months." Foreign Entry Requirements
JanaknJanetFemaleIndia2006-06-08 09:57:00
K-1 Fiance(e) Visa Process & Procedurespotentially stupid question

My fiancée thinks that I hate being in the US and that's not completely true - It's this *town*...you can't get to anywhere without a car, she has no family or friends here that I can talk to or visit, she comes home from work VERY late and I feel useless because I feel like an unemployed bum, I hate talking to strangers because they can't make out my words from my accent, etc etc. I'm here, alone, for most of the day and evening...instead of being productive my mind starts working overtime. I'm depressed and the frustration always leads to rows - mostly all my fault. This depression and frustration just snowballs because I hate myself for having shouted and for letting it get to this. I feel sick when she cries, feel worse than sick when she told me that I shout to make her cry. I just want us to be happy, I want us to love each other like we did. I know, kind of getting too personal here but as I said in my original post, I'm at the end of my rope.
Thanks for the information everybody. Thank you so much.


HI ..
in response to the "Im here alone...." Understand about the inability to get around without a car... that in itself can be difficult. Is there a community center there? what about a local senior center? Sometimes the smallest actions mean sooo much to others. Taking a elder out on a walk or just pushing a wheelchair thru the park for a handicap.. or elder person means worlds.. and these dont take alot of communication skills. Many times just the simple companionship is all that is needed. If that doesnt float your boat.. you can contact a local high school... depending on your language... could you possibly volunteer with the high school? possibly talk to kids of the culture differences of where you are from? or .. tutor a child with language or pronouncation. ..
If you dont have language.. then. you can always talk to the coaches and ask if you can volunteer with the kids in some sport programs. Be upfront withthem tell them your situation that you are here awaiting your marriage and are unable to work yet but have ample time on your hands and are willing to help where possible. .. If not there check out some of the big brother programs.. .. they too are always willing to take volunteers...

second part that is highlighted in red.... I wish to ask you .. did you tell your honey this? Have you shared to her how you are feeling of how frustrated and upset you are for your mixed actions? Many times we think we have said.. but fail to realise that we have only indirectly told. Write her a letter.. telling her your fears.., your frustrations, telling her just what you have expressed here... mostly tell her your feelings of the two of you .... ..

Best of luck .. .. follow your heart.. all this other stuff is just stuff.. things that need time .. time to adjust to.. time to react to...
JanaknJanetFemaleIndia2006-07-05 21:12:00
K-1 Fiance(e) Visa Process & ProceduresNeed some advice PRONTO
Hi. from what i am reading. it seems to me that she arrived on a K-1. if that is correct and she just came here via that.. and you kicked her to the curb without the marriage.. then.. she is still only here in the USA on a non-immigrant visa. Not until you marry and file for adjustment is it changed to immigrant status. Thus the reason for a K-1 or K-3. it is to wait out the adjustment here once it is filed. .
Seems to me you didnt marry therefore.. If i was in your situation I would contact the correct authorities letting them know of your situation. DOCUMENT DOCUMENT DOCUMENT... .. be glad you didnt go forward with the marriage ... that is a big blessing in this sort of situation.
When she decides what she wants to do here weather it is hooking up with this other guy or jsut sitting here illegally... the day will come when she is wanting to either marry or get a job.. and .. thus.. her problems will start for she would have been here post the 90 time period from the K-1 .. on a failed K-1 with intent to not fulfill the original visa of marriage. She will be out of status.. let her go ahead and attempt to sue you .. after all you promised to marry her .. she is the one that was fraud.. .. and is now staying in a country with other intent when her visa intent was for marriage to you . It is specified for the visa that if the marriage is not done within the 90 period the person needs to return to their home country.

Best of luck .
JanaknJanetFemaleIndia2006-08-08 18:30:00
K-1 Fiance(e) Visa Process & ProceduresSite recommendations for most fastest ..service and good to get K1 (russia)
Dont know what you are looking for exactly... but .. VJ is one of the most imformative site that there is..
If you are looking for a quick fix site.. sorry . .. there isnt one... follow the directions here.. ask alot of questions.. complete the requirements only then will things sail tru process.
If you make shorcuts.. all in all.. it will only quite possibly delay you in the long run....

There are alot of people here that have gone tru the process or are in the middle of it... if we VJ'rs knew of any faster way.. we all would be doing it.. .

Best of luck .. hope you find what you are looking for
JanaknJanetFemaleIndia2006-06-09 16:30:00
K-1 Fiance(e) Visa Process & ProceduresEvidence of meeting in person is must?
There have been many people in past here on VJ that have either not taken photo's or simply camera broke or even has been lost or stolen in transit.
Do not worry concerning the photo's.. or should I say.. Do not let that stop you from applying.
While she was there visiting did the two of you stay in hotel?
Receipts for the hotel, restraunts, or museums. How about the train?
When I was in India, I collected the receipts from the Museum, got our train receipts, have our receipts from the hotel. Yes the hotel was in his name but it ties us to each other during the time. I used my credit card for part of the room service bill..
If you do not have these items. May I suggest that you possibly contact the Hotel where you or she had stayed and request a duplicate receipt? I am sure if you explain the situation they may be able to reprint off a receipt and even possibly add her name to the registry receipt if they show her as the guest.
With the stamp in her passport, and airline ticket stubs.. seat confirmations ... hey even toss in the tags from here luggage.. the ones that are the security tags that say Mumbai international airport... hehe I have mine.
Copies of her travel documents. and email discribing her itinary.
Good luck..
JanaknJanetFemaleIndia2006-10-26 09:34:00
K-1 Fiance(e) Visa Process & ProceduresPlease TRIPLE Check all info on Petitions!!!!!!!!!!!!!!!!!
Best wishes to the two of you... At least you have the case in process and being sent to the correct area.. that in itself is a relief...
Prayers to you both.. May you both be together for the New Year..
JanaknJanetFemaleIndia2006-11-17 14:53:00
K-1 Fiance(e) Visa Process & ProceduresAPPROVED, NO EMAILS, MAILBOX ONLY
Congrats on your approval... WHOO HOOO..
I hope your baby is in your arms soon.... best of luck for the remaining part of your journey
JanaknJanetFemaleIndia2006-11-21 16:51:00
K-1 Fiance(e) Visa Process & ProceduresFiance for a 17 years old..

Thanks in advance, they are really in love and we are happy because they both are good children.


I'm right there with the thought that 17 is just a bit too young... marriage committment... how is he going to support his wife.? and then.. children? .. have him get his education, get a good job. savings, etc. then .. think of marriage.. not the cart before the horse..

Children are just that CHILDREN.... if you feel he is capable .. then.. he should be considered a YOUNG MAN.. not a child..
JanaknJanetFemaleIndia2006-11-27 19:19:00
K-1 Fiance(e) Visa Process & ProceduresReally worried :Z
Have you checked to see if your check was cashed?
if the check was cashed then they are in process and you can use the number on the back to track the process..
JanaknJanetFemaleIndia2006-12-13 12:43:00
K-1 Fiance(e) Visa Process & ProceduresIf petitioner is on welfare

The petitioner need a co-sponsor capable of supporting them, 2 children and the immigrant, as well as anyone in the co sponsor's household. (5+ people) at or above 125% poverty level.


I believe the correction is... The petitioner would indeed need a co-sponsor. but it would be for the immigrant.. and the sponsor.. therefore if the sponsor was single it would be hisself + 1 the petitioner. The sponsor is gaurenteeing the ability to support the Immigrant not the FIANCE.. who from what it sounds is the USC. A USC can be on assistance.. just not able to sponsor.
JanaknJanetFemaleIndia2006-12-24 01:00:00
K-1 Fiance(e) Visa Process & Proceduresurgent question
While she is currently still single.. part of the question needed to ask is ..
Is she still considered dependant on her parent.. ie under the age of 24.
If she is under 24. by becoming married it changes her status to married household of two ..and will then use her income and that of her husband. If she is over the age of 24 or a mommie.. or a emacipated adult.. or ward of the court if under age 24... then she is considered independant of her parents income.
Many times this can work to her favor. Unless the man she is planning on marrying .. has a large sum of money, which would need to be declared. But if he has not filed taxes in USA .. I am not sure how they would count his income unless they just use his assets such as bank account. Simply could be answered by yes setting up a informal information meeting with a financial aid counslor at the university where she attends.
Best part would be for her to file NOW effective Jan 1 2007 she was able to file her fasfa. It would be granted based on her status of application. All funding is based on her status and income of prior year.
Let her know that sometimes being married.. with little income.. it works to her favor..

As far as marrying and needing to use her income.. . Im sure she is prepared to find a co-sponsor for the petitition. Being a broke college student sometimes opens many more doors .. and being a married broke college student is even better.

This is said based on my own experiences and knowlege of working 5 years in the financial aid office... plus 8 years of my own graduate school experience.. .. ( I returned to school while i was a single parent of 2 when i was 32) My daughter benefited by my being in university when she applied for university...she was gifted for almost her 4 yr as about 80 % grant. scholarship.. thank god.. i couldnt have afforded her schooling any other way...
Now she is 26.. and returned to University to finish her Masters.. but is now married.. .Last year before she married. they used her single information.. this year.. they will use her married income... looks like a bit more loans.. but.. she is in grad school so there is less grants anyhow..

Best of luck ... tell her if she is concerned.. not to hesitate to talk to the financial aid office. .. that is why they are there.. but .. remember begining of the term.. they will be stressing so she may need to wait a week or so into the term to pick the brains of the staff...
JanaknJanetFemaleIndia2007-01-04 00:51:00
K-1 Fiance(e) Visa Process & Proceduresmeeting requirement

he had a tourist visa, but it expired. so he needs a new one. is this too hard to get, even if he can proove all kinds of ties of work and school and bank accounts and such there?


If he had a tourist visa previously, that increases the odds that he may be able to get another one, provided that he never overstayed when he was in the US, because it shows that he came here and went home again.

I'd say the chances are better that he could get another tourist visa than you getting a waiver for the K1 meeting requirement. Since the meeting requirment for the K1 does not require you to go there (he can come here to meet the requirement) it is almost impossible to get a waiver.



Definaetly took the words right out of my head.... or rather beat me to the typing of what you just said..

I agree.. given the fact that he has previously been granted a tourist visa... his odds should increased.
However. now just reading that the Visa was never used.. just may simply lessen the odds slightly. I would not worry that it is a reason to be declined.
He should be assertive. file just as he did before. Show his proof of ties to his home. Proof of Mortgage. or rental agreement, family ties etc etc. He should show proof of his ability to support hisself while on a visit.. and basically show proof of returning. I am sure he is aware of all this since he has applied for tourist visa previously.

Best of luck to what you decide to do.
JanaknJanetFemaleIndia2007-01-07 13:12:00
K-1 Fiance(e) Visa Process & ProceduresAlready here
My Bad for not clarifying intent.. I was meaning If she had NO INTENTION on immigrating at the time of entry. As far as how do you prove it.?? that is in the eye of the people who interview you during the process.

You may wish to read a few of the other threads on this topic..

Marriage on a tourist visa

Tourist Visa Marriage
JanaknJanetFemaleIndia2007-01-27 12:51:00
K-1 Fiance(e) Visa Process & ProceduresAlready here
Marriage/adjustment in USA

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.


Key part to this option is.. .. IF SHE ENTERED in the USA with NO INTENTIONS ... and you decided to marry she can remain while she is awaiting the adjustment.

If SHE CAME HERE WITH INTENT on marriage... you can still marry her here but she will need to return to her country and await the process of a K3.
or
she return to her country with no marriage and you file a K1.


Looks to me that if you wish her to remain here... there was no intent on marriage.. and you could marry here here and file the adjustment..
I am no lawyer.. only me.. so just information I have gleened while here on VJ..

You may wish to do a search on Information on marriage on tourist visa.. .. many different people have asked similar questions.. it may be beneficial... some of them are located in the Adjustment of status thread...

Best of luck.. and congratulations to you both
JanaknJanetFemaleIndia2007-01-27 12:07:00
K-1 Fiance(e) Visa Process & ProceduresDoes anyone know forsure??
I tried to edit what I wrote.. my pc timed out.. so here I go again.
When I said

marrying here on a tourist visa.. the problem is.. intent of immigrating. That is what they are concerned with on a tourist visa for it is not a immigration visa and does not offer that option

I ment to continue it on saying....
If you came here to on tourist visa.. with the intentions of marrying that is illegal.. she could however come here marry then return to her home country and you continue on with either a K3 or a CR1.

Hope that wasnt too confusing.. ..

good idea tho is to just apply for the tourist then she get it and then apply for the K1. .. she come and visit you .. then return after the visit.. and hopefully the K-1 process is fast for the two of you
JanaknJanetFemaleIndia2007-02-14 17:13:00
K-1 Fiance(e) Visa Process & ProceduresDoes anyone know forsure??
Having the B1/B2 tourist visa is not going to affect your K-1 application. However if the two of them are applied at the same time she will need to really show proof of her ties to her country for approval of the toursit visa. It will in no way affect the K-1 .. but only affect the ability of the tourist visa. She can however let them know that she is applying for a K1 but she will not be utilizing it till approval. I fear that her chances of tourist approval is slim. They will see that she has the intent of immigrating via a k-1 and might possibly use it as a shortcut.
Might it be possible for her to apply for the tourist visa.. go for the interview... then you mail in the application for the K-1?
There is nothing wrong with her visiting before a wedding .. or even marrying here on a tourist visa.. the problem is.. intent of immigrating. That is what they are concerned with on a tourist visa for it is not a immigration visa and does not offer that option.
JanaknJanetFemaleIndia2007-02-14 16:52:00
K-1 Fiance(e) Visa Process & Proceduresmarrying in non-mainland USA territories on K1

Marrying in Hawaii won't cause you any more problems than marrying in the lower 48 - so go ahead!

I grew up there BTW, so can give advice as to places to visit, etc. :)


I too lived in Hawaii for 10 yrs+ .. Waianae ..
Anyhow... Hawaii is a fantastic place to marry... so many places to choose.. very easy to hire a Minister.. meet you on the beach.. and have as simple wedding on the sand you wish.. or.. of course.. many beautiful other places to host simple to extravagant of a function that you choose..

best of luck on what you choose.
JanaknJanetFemaleIndia2007-02-16 18:04:00
K-1 Fiance(e) Visa Process & Proceduresnever met fiance
That is a very difficult thing to do..

the RULES STATE

• You and your fiancé(e) intend to marry within 90 days of your
fiancé(e) entering the U.S.; and
• You are both free to marry; and
• You have met each other in person within two years before you
file this petition unless:
1. The requirement to meet your fiancé(e) in person would
violate strict and long-established customs of your or your
fiancé(e)’s foreign culture or social practice; or
2. You prove that the requirement to personally meet your
fiancé(e) would result in extreme hardship to you.

I have rarely seen anyone.. ever..ever ever.. get approved for the reasons for not having met.. such as stated in 1 & 2
JanaknJanetFemaleIndia2007-03-11 20:25:00
K-1 Fiance(e) Visa Process & ProceduresPre K-1 Visa filing / trip to U.S. for visit
Date in India right now if you applied for visa.. VFS timeline is giving interview out now for August.. VFS website
showing dates of August 23-24 only... however if it was a b1-b-2 business visa the dates change.. to almost the whole month of July.. July 3rd being the earliest... VFS Calendar
I sent you PM... best wishes on the process.. J
JanaknJanetFemaleIndia2007-06-17 11:34:00
K-1 Fiance(e) Visa Process & ProceduresBiographic Info Question and other questions???
Welcome and yes you are correct.. the place to send K-1 application for those in Oregon is indeed Calif

USCIS where to send
You are filing a K-1 petition for your fiancé(e) and you live in:

Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Nevada Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin and Wyoming.

USCIS
California Service Center
P.O. Box 10130
Laguna Niguel, CA 92607-0130

For private couriers (non-USPS) deliveries:

USCIS

California Service Center
24000 Avila Road
2nd Floor, Room 2312
Laguna Niguel, CA 92677

As far as sending originals.. send copies... do not send your passport.. send copies of each page. and send a copy of your birth certificate.

If you have not located the link to guides above.. K-1 Guides
Dont forget all the tools that are available there.. best of luck with your journey...

EDIT: All documents that are by way of forms.. should be originals... court papers such as divorce documents should be certified. Just remember.. if it needs signature.. think ORIGINAL... and NO WHITEOUT... good.gif

Edited by JanaknJanet, 09 December 2007 - 12:51 PM.

JanaknJanetFemaleIndia2007-12-09 12:48:00