ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresNo credit cards and filed for debt consolitdation

Hi Folks.... If I file for a finance visa and also use credit consolidation will I be able to bring my fiancee over for marriage???

I do have income of over 50,000 a year....

Does anyone know if they do a credit check???

Or just look at past income tax reports???

Thanks for your help and support


Just income and/or assets are used.
Dan JMaleIndonesia2010-08-25 14:31:00
K-1 Fiance(e) Visa Process & Proceduresstay extension....
Are you visiting the US while a K-1 visa is processing?
Dan JMaleIndonesia2010-08-27 12:54:00
K-1 Fiance(e) Visa Process & ProceduresI-134

Right, I have no dependents. Let's say for some reason they don't think I have enough money to support him....will they just request someone else (like my parents) to fill out the form or will the whole application be rejected? That's what I am concerned about?


The required level is pretty low, only 125% of the poverty level for your family. If your income is higher than that, then thats all the documentation you have to provide.

If you had less than than the required level, than you could use a co-sponsor.
Dan JMaleIndonesia2010-09-06 18:43:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa though we're already married in Peru?

Its already called "marriage" ceremony despite if its legal or not. If USCIS only hears the word, "marriage", you will be denied and barred. You need to file a spousal petition.


If the ceremony is not recognized as a legal marriage, then telling the USCIS about it is only going to cause you trouble. Use common sense.
Dan JMaleIndonesia2010-11-04 17:48:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa though we're already married in Peru?
Generally speaking, if the marriage is legally recognized in the country it took place it, it will be recognized in the US and thusly make a K-1 visa invalid.

However, it may be possible to have a ceremony in the fiancee's country before traveling to the US on a K-1 visa. But this does depend on the marriage laws of the country. Often, a marriage certificate/licence must be filed before the marriage is legally recognized. Not doing so, would mean that for legal purposes you are still unmarried and could immigrate on a K-1. You would still need to have a legally recognized marriage in the US.

If anyone is considering that, you really need be very familiar with marriage laws in the country you plan to have the ceremony and make the officiant aware that he or she should not file any paperwork on your behalf.
Dan JMaleIndonesia2010-11-04 15:30:00
K-1 Fiance(e) Visa Process & ProceduresWhat type of Visa is best for me and my Brasilian fiancee?

Right, I was just reading about that. If what I just read is correct, the wait in Brazil is typically 40-60 days. From what I have been reading in the forums, it is much less risky for us and perhaps even faster to go with the K-1 and not get married now and try for the CR-1(sounds a little risky). Would you agree with that?

Seeing as you have already been through this, would you recommend using a professional service, such as this one, http://www.easyfiancevisa.com, I found from a link on this site? Or would you advise that going it alone is just as good?

We aren't dead set on the wedding date, the thing that is really important to us is getting her back here as quickly as possible with the least risk of running into problems. We have not been apart for more than 4 months at a times since we met. But we will do what we need to do to ensure all is well in the end, no matter how difficult it is. She is a lawyer in Brazil and has connections, so I am sure she can figure out what needs to be done on that end. She actually already has all of her documents in order. It is the US embassy and the entire process I have to go through here that we are pretty clueless about at this point. Do you know if we both have to do consulate interviews, or is that just for her? Would I have to travel there before she can come back?

Lots of questions I know, I really appreciate your help.


With K-1 you can file today, and get started in the process. It will be more expensive than CR-1/IR-1 in the end (after getting green card) if money is an issue.

A lot of people here do it themselves. If you take some time to study the guides and ask questions, you should have no problem. If you have a case where criminal records or other problems might be involved than consulting with a lawyer is a good idea.

Generally you would not have to attend the interview, and often times the US citizen wont even be allowed to sit in the interview. This is much more of a consulate specific question, as its sometimes very beneficial for the USC to attend the interview. There are some country specific forums further down the list.
Dan JMaleIndonesia2010-08-23 14:23:00
K-1 Fiance(e) Visa Process & ProceduresWhat type of Visa is best for me and my Brasilian fiancee?

Ok, thanks for the direction. I'll see what I can find out about the consulate in Brasil. They have sort of a notoriety there for being slow(the government in general), but it seems like it did not take long for her when she applied for her tourist visa.


Your not dealing with the Brazilian government, unless you need some documentation from them. You will be dealing with a US embassy or consulate in Brazil. Speed at the embassy level depends on a lot of factors, from volume to incidence of fraud.

From my wife, the embassy in Jakarta took about a week to schedule the interview. Many other places have a 3 month wait, and others 6 months or more.

If you are planning to get married next year, you don't want to apply too quickly. But at the same time, you don't want to make too many concrete plans, in case something happens with your case and it extends the expected processing time.
Dan JMaleIndonesia2010-08-23 13:34:00
K-1 Fiance(e) Visa Process & ProceduresWhat type of Visa is best for me and my Brasilian fiancee?

Thanks for your reply.

So, if I apply for a K-1, it will take more than a year to complete?

Thanks for letting me know that K-3 is not an option. So now I know that it is either CR-1 or K-1. It would be really nice if she could keep visiting during the application process, but we are going to do whatever we need to do, no matter how long it takes. I am a little confused now, because I just read somewhere on the site that K-1 takes around 5 months?

I'm not sure what type of ties she will need to show to Brazil, but she has income there, owns property, has bank accounts, all of her family there, and many other things.


Actually no, I thought you meant November 2010. It will take 4-6 months, and have 6 month validity for entry after its been issued. It does take longer in some consulates, even up to a year. You need to find consulate specific timelines on this site for more information.
Dan JMaleIndonesia2010-08-23 13:12:00
K-1 Fiance(e) Visa Process & ProceduresWhat type of Visa is best for me and my Brasilian fiancee?

Hi all,

I am new here, found this forum via a web search. There is a lot of good info here and I have learned a little, but it is a little overwhelming at this point.

I am engaged to a wonderful Brazilian lady and I want to make sure we do things right legally so that we can stay together. She has been coming here to the US for nearly 2 years now, first time in Nov. 2008, on a tourist visa, staying for several months and then returning to Brazil. We had planned on getting married next November on the 3 year anniversary of having first met, but we are starting to worry now that she may have a problem with immigration because she spends so much time here. She has never over stayed her time here, worked here, or done anything else that would violate the conditions of her Visa, but since we plan on getting married anyways, we have decided to try to do what is best for us in terms of her status here.

She is returning to Brazil the first week of September, and at first I thought maybe I should just apply for a K-1. But after doing some reading here, I am a little uncertain whether that is the best plan or if it is better to just get married now and apply for a K-3. We are not worried about getting quick citizenship for her, and she does not need to work here. All we are concerned about is just being able to stay together and unlike my fiancee, I still have to work at a steady job here in the US, and so I cannot move to Brazil right now, :( . If anyone has any advice to point us in the right direction, it will be so much appreciated. In the meantime, I am reading through posts to see what insight I can gather.



K-1 is probably not going to be completed before your targeted planned wedding date.

K-3 is no longer an option. It just gets closed and you end up taking the CR-1/IR-1 path anyway.

She can travel to visit while the visa is processing, however, she will probably face more questions and need to show greater ties to Brazil, or be denied entry.
Dan JMaleIndonesia2010-08-23 12:00:00
K-1 Fiance(e) Visa Process & ProceduresGot my k-1 visa,getting married soon.What then?
QUOTE (pushbrk @ Dec 22 2007, 02:14 PM) <{POST_SNAPBACK}>
QUOTE (raymaga @ Dec 22 2007, 12:10 PM) <{POST_SNAPBACK}>
You cannot file Form I-765 (EAD) before the AOS. You have to file the EAD either with the AOS or after the AOS.

The $1,010 fee for AOS covers EAD and AP (Advance Parole, Form I-131), so you may as well apply for them at the same time as the AOS (Form I-485).


I'm not sure why you can't file for EAD before AOS. At least K3 folks can and we did under the old fee structure. However, it seems silly to shell out an extry $340 to do so. It's not like you get to reduce the AOS fee because you already paid $340.


Technically you can, but it expires when the I-94 does, which is 90 days after entry. Consider thats how long it takes to get your EAD, it will have expired by the time you receive it.

QUOTE (dylan.evans @ Dec 22 2007, 02:22 PM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ Dec 22 2007, 02:14 PM) <{POST_SNAPBACK}>
QUOTE (raymaga @ Dec 22 2007, 12:10 PM) <{POST_SNAPBACK}>
You cannot file Form I-765 (EAD) before the AOS. You have to file the EAD either with the AOS or after the AOS.

The $1,010 fee for AOS covers EAD and AP (Advance Parole, Form I-131), so you may as well apply for them at the same time as the AOS (Form I-485).


I'm not sure why you can't file for EAD before AOS. At least K3 folks can and we did under the old fee structure. However, it seems silly to shell out an extry $340 to do so. It's not like you get to reduce the AOS fee because you already paid $340.

How long can i work on the EAD?

I was thinking of paying $340(EAD) get a job,then apply for the AOS ($1010)...

what dya think? thanks


For K-1 visas, if filled before AOS, its only valid until the end of the I-94 (90 days after entry). With AOS, its good for a year.
Dan JMaleIndonesia2007-12-22 17:03:00
K-1 Fiance(e) Visa Process & ProceduresGot my k-1 visa,getting married soon.What then?
QUOTE (dylan.evans @ Dec 22 2007, 01:33 PM) <{POST_SNAPBACK}>
I need to start working...after i get married.

Does anyone know which forms i fill in next after marriage?

And surely no more costs for the forms is there???

Thanks


You file for AOS, look in the guides for what forms you need to fill out.

You will pay for the vaccination supplement, which may be cheap if you don't need anymore vaccines.

AOS costs $1010, but it will eventually result in your green card. You wont be able to work until you at least receive your EAD which you can file for when you file for AOS. The eception is getting the work auth stamp at JFK, but some employers wont take that as it only allows you to work for 90 days.
Dan JMaleIndonesia2007-12-22 14:59:00
K-1 Fiance(e) Visa Process & ProceduresThe proposal and the wedding
QUOTE (imeetmoon @ Dec 21 2007, 10:40 AM) <{POST_SNAPBACK}>
QUOTE (Dan + Gemvita @ Dec 21 2007, 03:00 AM) <{POST_SNAPBACK}>
QUOTE (imeetmoon @ Dec 20 2007, 08:54 PM) <{POST_SNAPBACK}>
QUOTE (Dan + Gemvita @ Dec 20 2007, 09:33 PM) <{POST_SNAPBACK}>
QUOTE (imeetmoon @ Dec 20 2007, 08:15 PM) <{POST_SNAPBACK}>
Hello all,

I am thinking about proposing to my girlfriend from Hong Kong in March. She will be visiting me during the entire summer and I was wondering if there would be any problems if we got married in USA during her visit. I haven't popped the question yet but I also don't want any problems with filing any of the Visa documents. Could any of you shed some light on this topic? Thank you in advance.

helpsmilie.gif helpsmilie.gif helpsmilie.gif


You can get married regardless, however, what visa/adjustment process you take depends on the intent of your fiancee when she enters the US.

If your fiancee has no knowledge of your plan, you can file for Adjustment of Status directly and your fiance can stay in the US.

If she does plan to come to the US to get married and stay, she will have to return home before her I-94 expires, and you will need to file for a K-3 or CR-1/IR-1 visa before she can return to stay in the US.

Presuming you have actually met in person within the last two years, you could file for a K-1 visa, But its not likely to be approved before next summer.


She has no idea. Currently she has a Visa to visit US. How soon do I have to file for the "Adjustment of Status" after we are married?


Sooner the better. She wont be able to travel outside of the country and reenter until she has her green card or AP. Being out of status for too long can cause issues. And she wont be able to work, until she receives her EAD.

QUOTE (tanffy @ Dec 20 2007, 09:57 PM) <{POST_SNAPBACK}>
My fiancee is from Hong Kong also. Although I"m filing for a K1 visa (hoping to have her here summer 2008).
Does her parents approve of you getting marry in USA without there consent? (non of my business, I know)


Getting married quickly in the US and adjusting afterwards could cause some issues with your future in-laws. You might want to make sure that they are OK with everything too. What some people have done is to have a ceremonial wedding in their home country after AOS is completed.


Yes I will probably do a ceremonial wedding back in Hong Kong. She has been married before so she doesn't want anything big. She wants something small and simple so she can actually remember the events leading up to and during the wedding. This is more important than a big glamorous wedding. This is awesome for me because I don't really care for big weddings too. Thank you for the heads up. (What is AOS?)

How long does it take to adjust the Visa? Does she need to stay here in US during the whole time during the Visa adjustment? I want her to stay with me, but I think she'll need to go back to see her parents eventually and break the news. Thanks in advance.


AOS = Adjustment of Status

She will need to remain in the US, until she has AP or her Green Card. You can apply for AP with your AOS application. It takes about 90 days to receive. Her green card could take anywhere from 3 months to 3 years or more. Leaving without AP or Green Card will be considered abandoning AOS and she could only return to stay on a spousal visa.
Dan JMaleIndonesia2007-12-21 12:46:00
K-1 Fiance(e) Visa Process & ProceduresThe proposal and the wedding
QUOTE (imeetmoon @ Dec 20 2007, 08:54 PM) <{POST_SNAPBACK}>
QUOTE (Dan + Gemvita @ Dec 20 2007, 09:33 PM) <{POST_SNAPBACK}>
QUOTE (imeetmoon @ Dec 20 2007, 08:15 PM) <{POST_SNAPBACK}>
Hello all,

I am thinking about proposing to my girlfriend from Hong Kong in March. She will be visiting me during the entire summer and I was wondering if there would be any problems if we got married in USA during her visit. I haven't popped the question yet but I also don't want any problems with filing any of the Visa documents. Could any of you shed some light on this topic? Thank you in advance.

helpsmilie.gif helpsmilie.gif helpsmilie.gif


You can get married regardless, however, what visa/adjustment process you take depends on the intent of your fiancee when she enters the US.

If your fiancee has no knowledge of your plan, you can file for Adjustment of Status directly and your fiance can stay in the US.

If she does plan to come to the US to get married and stay, she will have to return home before her I-94 expires, and you will need to file for a K-3 or CR-1/IR-1 visa before she can return to stay in the US.

Presuming you have actually met in person within the last two years, you could file for a K-1 visa, But its not likely to be approved before next summer.


She has no idea. Currently she has a Visa to visit US. How soon do I have to file for the "Adjustment of Status" after we are married?


Sooner the better. She wont be able to travel outside of the country and reenter until she has her green card or AP. Being out of status for too long can cause issues. And she wont be able to work, until she receives her EAD.

QUOTE (tanffy @ Dec 20 2007, 09:57 PM) <{POST_SNAPBACK}>
My fiancee is from Hong Kong also. Although I"m filing for a K1 visa (hoping to have her here summer 2008).
Does her parents approve of you getting marry in USA without there consent? (non of my business, I know)


Getting married quickly in the US and adjusting afterwards could cause some issues with your future in-laws. You might want to make sure that they are OK with everything too. What some people have done is to have a ceremonial wedding in their home country after AOS is completed.
Dan JMaleIndonesia2007-12-21 03:00:00
K-1 Fiance(e) Visa Process & ProceduresThe proposal and the wedding
QUOTE (imeetmoon @ Dec 20 2007, 08:15 PM) <{POST_SNAPBACK}>
Hello all,

I am thinking about proposing to my girlfriend from Hong Kong in March. She will be visiting me during the entire summer and I was wondering if there would be any problems if we got married in USA during her visit. I haven't popped the question yet but I also don't want any problems with filing any of the Visa documents. Could any of you shed some light on this topic? Thank you in advance.

helpsmilie.gif helpsmilie.gif helpsmilie.gif


You can get married regardless, however, what visa/adjustment process you take depends on the intent of your fiancee when she enters the US.

If your fiancee has no knowledge of your plan, you can file for Adjustment of Status directly and your fiance can stay in the US.

If she does plan to come to the US to get married and stay, she will have to return home before her I-94 expires, and you will need to file for a K-3 or CR-1/IR-1 visa before she can return to stay in the US.

Presuming you have actually met in person within the last two years, you could file for a K-1 visa, But its not likely to be approved before next summer.
Dan JMaleIndonesia2007-12-20 21:33:00
K-1 Fiance(e) Visa Process & Proceduresaffidavit/bank statements
Nope
Dan JMaleIndonesia2007-12-23 15:30:00
K-1 Fiance(e) Visa Process & ProceduresWaiting and waiting... new to the forum
QUOTE (JenK @ Dec 23 2007, 10:38 PM) <{POST_SNAPBACK}>
Hello! My name is Jennifer and I am in the process of getting a K1 visa for my fiance who is currently in Sweden. The petition was received at the USCIS in California May 29, 2007 and was approved September 19, 2007. The NVC received it and we got a letter on November 16th saying that within a week our petition was going to be sent to the American consulate in Sweden. However, that did not happen. I put in a call to the NVC and they said it had not been sent due to a background/security clearance check that had to clear first. I asked them how long it would take, and they said the process can take a while, but they had no estimated time. Then I contacted my lawyer who said this is a normal part of the procedure, and she has had some cases take over a year to be security cleared. A year? I don't want to wait a year! I want him here now! Has anyone else experienced this delay? It seems like the other cases I've read have not had this problem or delay. Any help or guidance on this is much appreciated. I am glad to have found this forum, it is so nice to know that we are not alone. Thanks!

Jennifer (not so patiently waiting) wacko.gif


Its not unheard of, but not very common to get AR/AP at the NVC stage. Ussualy for those who do get it, it happens at the consulate/embassy stage. It could take a few days to months. There is no way to get a time estimate. You just have to keep calling back.
Dan JMaleIndonesia2007-12-23 23:53:00
K-1 Fiance(e) Visa Process & Proceduresnoa2 to packet 3
QUOTE (waiting_for_k1 @ Dec 21 2007, 12:10 AM) <{POST_SNAPBACK}>
whistling.gif ,
HI VJ FOLKS,
2MONTHS SINCE WE GOT NOA2 ,,,SEEMS LIKE NEVER ENDING PROCESS,DOES ANYONE IN SAME BOAT AS US ,WAITING FOR MONTREAL CONSULATE TO SEND PACKAGE 3 BUT NO SIGN OF IT YET.
blush.gif sad.gif helpsmilie.gif


Have you called the NVC to find out if its already gone through there?
Dan JMaleIndonesia2007-12-21 03:02:00
K-1 Fiance(e) Visa Process & ProceduresWould I need a sponsor?
QUOTE (awu25 @ Dec 24 2007, 01:55 AM) <{POST_SNAPBACK}>
When does the beneficiary need to provide police certificate? When submit initial document stage or during interview?


interview
Dan JMaleIndonesia2007-12-24 10:04:00
K-1 Fiance(e) Visa Process & ProceduresWould I need a sponsor?
Well, you do meet the income requirements, even though in most cities, the poverty requirements are way below any decent means of living.

The petitioner does not need a police certificate.
Dan JMaleIndonesia2007-12-24 00:04:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about Notarization of the Affidavit of Support...
As long as she is registered, it shouldnt be a problem.
Dan JMaleIndonesia2007-12-21 03:01:00
K-1 Fiance(e) Visa Process & ProceduresIMP question regarding I-134
QUOTE (abrazer07 @ Dec 26 2007, 11:36 AM) <{POST_SNAPBACK}>
Thanks ..But whats the conclusion then ??? any clues ??? do I or dont I need a cosponsor ......... I am sorry but needed to know ........ pushbrk !! what do u say ???


If she does have $130,000 in assets, she probably wont need a co-sponsor, but she will have to show statements or appraisals to document those assets.
Dan JMaleIndonesia2007-12-26 12:59:00
K-1 Fiance(e) Visa Process & ProceduresIMP question regarding I-134
QUOTE (abrazer07 @ Dec 24 2007, 11:17 PM) <{POST_SNAPBACK}>
HI all ,
I really got concerned and want all of your advice on something about finance. MY fiance for USA is applying for K1.Now she has to fill the I-134 for me . I ama bit concerned abot her incoe things. She is self employed and last year income was gorss 30K but but had 22k in deductions..the year before that it was 15K. Now 30K is gross income for 2006. For 2007 it wd be 18k gross.She operated at a loss so didnt have to pay much tax.

NOw she is publishing herbook and she has a sponsor for her book.She has assets with her home and car which wd be 1,30,000. Wd her I-134 be okk ?? She has no dependables ...or we have to look for co sponsor.

Pls help !!!


$130,000 in assets is enough. She should show documentation for income and assets.
Dan JMaleIndonesia2007-12-25 00:34:00
K-1 Fiance(e) Visa Process & Procedureswithdrawn of tourist visa
Tourist visas can be canceled or entry denied for reasons that don't apply to a K-1. Particularly intent to immigrate. If that is the case, then having a tourist visa withdrawn will not affect your K-1 petition, other than you will have to mention it on a couple of forms.

As far as your treatment at the PoE, there is not much you can do about it, you are not a citizen or LPR.
Dan JMaleIndonesia2007-12-26 17:07:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about petition
QUOTE (ratareina @ Dec 29 2007, 11:13 AM) <{POST_SNAPBACK}>
I am getting ready to send in my petition for my Turkish fiance. I have read on this forum that some people needed their fiance's birth certificate with the petition. I cannot get the birth certificate at this time, so he sent me a copy of his state ID. Its in Turkish, and untranslated, but clearly has his picture and his name on it. Should i wait to get a real translation of the ID, send in the Turkish ID as it is, translate it myself, or not send it in at all? At this time, i'm thinking to send it in as is, because it will just show that he is who he says, because of the name and picture.


Its not required unless its used to show a name change. However, some people have received RFE's for it anyway. You can send it, and prepare the birth certificate and translation. Have him send a copy of both to you. If you do get an RFE, you will at least be able to send it back quickly.

Sending in a copy of the ID is unnecessary.
Dan JMaleIndonesia2007-12-29 12:20:00
K-1 Fiance(e) Visa Process & ProceduresInstant message logs
We printed about 3-4 chats and that was it. Gtalk stores all the chats within gmail, so access to printing them is easy.
Dan JMaleIndonesia2007-12-30 13:18:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about Consulate Checklist
QUOTE (abradham @ Jan 1 2008, 07:53 PM) <{POST_SNAPBACK}>
Maybe someone can explain this to me:

In receiving my 1st package from the US Consulate (Montreal) I am instructed to complete and send in the forms supplied.

Fine.

Then there's the checklist where I'm supposed to get all the support documents, the background and medical -- and once I have all of that, to send in the checklist so the embassy can assign an interview date (which can take another 4-6 months).

Now, don't they want the medical and the background check done as close to the interview date as possible?

If so, then why am I supposed to get everything together ASAP, when both could be termed "out of date" by the time of the interview? I'd like to just send in the checklist so they can assign the interview date while I'm collecting the docs but don't want to risk any problems that might cause.

Suggestions/advice appreciated.


Medical is good for a year, and depending on the countries involved the police certificate is too.
Dan JMaleIndonesia2008-01-01 21:20:00
K-1 Fiance(e) Visa Process & Proceduresi am working in a foreign country, is it ok?
QUOTE (Rania @ Dec 28 2007, 08:16 PM) <{POST_SNAPBACK}>
QUOTE (Rania @ Dec 28 2007, 02:58 AM) <{POST_SNAPBACK}>
Yeah i hope so it does! Although i am contracted for a year which ends in June and by then i hope we will be moving back to the states TOGETHER!!

Thanks for the help and support.


Just to clarify as well, if anyone can give some more help, I am fresh out of university - well since 2006. After graduating i did some traveling, then in January 2007 i worked in London for some overseas experience. In October 2007 i took a teaching job in Amman, Jordan where i will be contracted until june 2008. Long story short, i haven't had the greatest income, nor has it been steady. With a co-sponsor will it be ok? I am so worried about this.

How do we make this mess clear to the immigration people?


A co-sponsor is fine.
Dan JMaleIndonesia2007-12-29 00:21:00
K-1 Fiance(e) Visa Process & Proceduresi am working in a foreign country, is it ok?
QUOTE (Rania @ Dec 27 2007, 05:04 AM) <{POST_SNAPBACK}>
I am currently in Amman, Jordan teaching at an American school. In terms of employment, will it affect my fiance's paperwork because i am not currently working in America?? Our petition has been approved, we are just waiting for the other documents. Just to clarify, i am the American citizen in the relationship, and my fiance is the beneficiary.

Thanks for the help.


It wont affect the paperwork. But you may need a co-sponsor to show that you can support your fiance.
Dan JMaleIndonesia2007-12-27 11:27:00
K-1 Fiance(e) Visa Process & ProceduresMarrying a legal alien student
QUOTE (Colombia_Love @ Dec 12 2007, 02:33 PM) <{POST_SNAPBACK}>
No we met for a while after she arrived an began her studies. She never had the intent of living here and when she first came thought it was going to be only for a short while. Her cousin decided to sponsor her and that is how she came to be studying here in the first place. If there was never any intent of immigration, we should be ok with the I-130 right? The problem is that her visa expired but she has a SSN and a sponsor and is legal to study until 2009.


I-130 + I-485 and any other forms or documentation needed for AOS is fine in your case. She wont however be able to leave the country and return until she has either a greencard or has been granted AP (Advanced Parole).
Dan JMaleIndonesia2007-12-12 15:44:00
K-1 Fiance(e) Visa Process & ProceduresFiance visa for a pregnant girlfriend?
QUOTE (tnv @ Jan 4 2008, 01:34 PM) <{POST_SNAPBACK}>
Ok, I'm asking this question on behalf of somebody else, so here are the details as I understand them.

This guy (US citizen) got his girlfriend (Mexican citizen) pregnant when she was here on a tourist visa, and one way or another she's in Mexico now. They want to get married, and he needs to know if he can pull off a fiance visa in this case. The baby is due at the end of May, so they're not sure what their options are.

What do you guys think? Has anyone been in this situation?

TIA


They can use any visa option, being pregnant will not affect the visa. But it will also not expedite it, so its very likely that the child will be born in Mexico.
Dan JMaleIndonesia2008-01-04 14:36:00
K-1 Fiance(e) Visa Process & ProceduresWrong embassy on I-129F

Need an advise. In my I-129F I put Chisinau, Moldova as the embassy. I found out later that this embassy does not process K1 visas. What do I do now? Will they notice that and do you think they will send the forms to the right embassy in Romania?


It will automatically be sent to the correct embassy. The NVC knows which embassies and consulates process K-1s.
Dan JMaleIndonesia2007-07-14 20:08:00
K-1 Fiance(e) Visa Process & ProceduresPostpone Packet 3 and the interview
You have about 4 months to return packet 3, but do contact the embassy as they may or may not need to renew your approval.
Dan JMaleIndonesia2008-01-05 03:37:00
K-1 Fiance(e) Visa Process & ProceduresGuam = USA?
QUOTE (MightyAtom @ Jan 5 2008, 02:25 AM) <{POST_SNAPBACK}>
We are currently filling out Packet 3 for the K1, and it asks her to list all of her entrances to the US. Unfortunately, they only have space on the form for three times....of course, they leave enough space for someone to have eight children....not sure what the thought process is there.... wacko.gif

Anyways, she has only been to the US proper three times, so no problem. But she has been to Guam a whole bunch of times, and we aren't sure if we need to include those or not. Her passport lists her Guam visits US Immigration, but it really isn't the US....so are they necessary?

If so, what can we do about the limited space?


Thanks!


It is a territory, so going to Guam is going to the US.
Dan JMaleIndonesia2008-01-05 03:36:00
K-1 Fiance(e) Visa Process & ProceduresK1 / US Citizenship Interference
QUOTE (marrs @ Jan 1 2008, 07:49 PM) <{POST_SNAPBACK}>
Ok. This is a little complicated. Lets start with the facts:

Me: US Citizen from Father with Certificate of Birth Abroad/Consular Report of Birth Abroad (Germany) Original Document Lost. My Mother does have a copy.
My daughter: 2 years old. No Passport. With her Mom in the Philippines. My name is on her Birth Certificate.
Actions: Filed for K1/K2 Visa 12/27/2007

----------------------------------------------------------------------------------------------------------------------------------------------------------

Ok so I filed for K1/K2. I included my daughter's name so she will be able to get the K2 and come with her mom.
Now we want Aeisha(daughter) to become a US Citizen.
If I go ahead and start the process, would it interfere with the K1/K2?

It would be pretty difficult to do her citizenship(register her at the embassy/Report of birth) for the following reasons:

Aeisha was born out of wed-lock (of course she was, since we were not married at the time and the U.S does not recognize marriage in the Philippines anyway!!!And if we do marry in PI, I cant use the K1/K2!its silly!)
So she has to be legitimized first.
Then, I do not have the original of my own Report of Birth Abroad. Which is required to prove I am a US Citizen, (despite having had a passport since I was young,served in the Army,am attending a US college, being a registered Voter and being a FLorida Resident, and oh yea I just filed for K1 which can only be done IF YOU ARE A US CITIZEN!! Very Very Silly!)
So I would have to request a new Consular Report of Birth Abroad(CRBA) from Munich,Germany. No Idea how long that will take!
Then, they may require a DNA test. Which doesnt happen overnight and costs around $500.


The 2 questions I have:

1. So FOR EXAMPLE I get this all done within a month or so, would it interfere with K1/K2 since she is a US Citizen from that point on?

2. If I wait for my daughter and fiance to come to the US on a K1/K2 and get married...That would legitimize Aeisha and make her a US Citizen. Wouldnt it?


CODE
Any help is much appreciated! Thanx and Happy New Year!


1. It wont cause a problem. The visa process while together at the petition stage, separates once the petition reaches the consulate. If you get your daughter US citizenship, she wont need a K-2 visa.

2. I don't think so. You would still have to go through the process of Certificate of Birth Abroad/Consular Report of Birth Abroad. You could go through the normal K-2 process to citizenship, but that will probably cost more.
Dan JMaleIndonesia2008-01-01 21:12:00
K-1 Fiance(e) Visa Process & ProceduresGeneral Questions about Student/Work Visa
QUOTE (Tommib @ Jan 5 2008, 03:57 PM) <{POST_SNAPBACK}>
Hi, I'm new to this site. I had some concerns about my girlfriend and I. She is from Taiwan and has just currently renewed her student visa for another semester. She has finished a certification program as a medical assistant. She does not have a bachelor's degree but has aspirations to be a nurse. Unfortunately, she cannot acquire a work visa because it is costly to sponsor one. Also we do not know if it's possible to be sponsored if she were to work as a medical assistant. From our understanding, you need at least a bachelor's degree to obtain a sponsored work visa. To further make our situation difficult, I am not quite ready to marry because I am in graduate school and not working full-time.

I was wondering if anyone had any input or ideas that we could pursue aside from considering marriage. I care about her very much and want her to stay in the U.S. She also wishes to stay and is worried about having to go back to Taiwan.

I appreciate any feedback. Thanks for your help!


H1B is difficult to get anyway. But there may be other possible visa options. But you would still need employer to sponsor no matter what.

Its likely you will end up having a long distance relationship until you are ready to marry. If she overstays her current visa or any other visa, it could cause issues with a marriage/fiance visa later.
Dan JMaleIndonesia2008-01-05 17:08:00
K-1 Fiance(e) Visa Process & ProceduresAirport Fees?
Depending which country you are departing from, not all taxes and fees are included in ticket price and are required to be paid at checkin or at a special counter at the airport.
Dan JMaleIndonesia2008-01-06 03:19:00
K-1 Fiance(e) Visa Process & Proceduresi need my passport
QUOTE (meg-7 @ Jan 7 2008, 04:31 PM) <{POST_SNAPBACK}>
So when I submitted my I-129f in late November, I hadn't found this site and I am sure that I could have done a few things differently, but oh well. My question is, I sent in my passport as proof of my citizenship, not thinking that I will travel out of the country any time in the near future, but now I will be (my plane ticket was purchased for me). Will I get my passport back any time soon? Or will it be with the NOA2 in a few months? (or never, lol) I leave in the beginning of March. Thanks if anyone can let me how this works!


You will have to apply for a new one, you wont be getting it back.

You had to send in a copy of your passport, not your original passport. Originals are not returned.
Dan JMaleIndonesia2008-01-07 17:35:00
K-1 Fiance(e) Visa Process & ProceduresInstructions here are different than INS website? Do I even NEED a K-1 Visa?
QUOTE (ErinElizabeth @ Jan 7 2008, 10:11 PM) <{POST_SNAPBACK}>
QUOTE (YuAndDan @ Jan 7 2008, 09:59 PM) <{POST_SNAPBACK}>
You did OK, USCIS probbably wont have any problems with how you packaged the petition, if they do they will just send you a letter asking for something that you may have left out.


That's relieving.

And, no, we're not planning to reside in the U.S. My Fiance worked here on a practical something-or-other visa after he finished grad school, but we're both wanting to live in Japan.

I think the K-1 is silly for us, but I've been told that it's wise to get? I don't know why, exactly.

I wish we could have filed earlier, but I was told that if we filed in August of 2006, then he would not be allowed to visit me in December. I was also told that it wouldn't take more than six months, but I think that the information we were given was not... good.

I just wish he'd check his email already so I could discuss my concerns with him.

Again, I am applying for this visa because it is what I was told to do.


K-1 is a visa to marry and stay. If your intention is to just marry and move to Japan, then you wont need a visa, VWP entry will just be fine. However, telling the border officers that the intention of the visit is marriage can cause confusion and they may assume that your finance intends to stay. He is better off saying something like visiting friends, but taking proof of ties with him, just in case he is asked for them.
Dan JMaleIndonesia2008-01-07 23:17:00
K-1 Fiance(e) Visa Process & ProceduresAnyone on these forums ever turned denied on the basis of...
QUOTE (wahenie19 @ Sep 19 2007, 02:04 AM) <{POST_SNAPBACK}>
Hello everyone. I was wondering if anyone here on these forums has ever been denied the K-1 visa because their income was not enough on the affidavit of support, the I-134. I am wondering because I am a very recent college graduate, actually I have finished all my classes and still have not "walked the line" for graduation. My mother will be my cosponsor because she does make enough for any of the requirements and I will find a job soon. Just concerned on how many people get denied for this.


You generally are not denied outright. If support is an issue, you will be given a chance to provide an updated support from from a co-sponsor.
Dan JMaleIndonesia2007-09-19 03:42:00
K-1 Fiance(e) Visa Process & Procedureshelp,please!
QUOTE (BryantAliona @ Jan 7 2008, 03:01 PM) <{POST_SNAPBACK}>
Hi, guys!
can anyone help me?
moldovan citizens are getting their k1 in Romania, but what about the medical examination?
Can it be done here, or we need to do it there,in Romania?
And what if all the vaccination records are in russian(USSR,you know), those need to be translated in english?
Thank you!


If you have permanent residency status in Romania, everything will be done there, include medical and interview. Vaccination records are not provided to the embassy, but may be used by the doctor that is doing the medical. So it may need to be translated if the doctor doesn't know Russian.
Dan JMaleIndonesia2008-01-07 16:08:00