ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresGetting married
I think the average is 8 months. But there is a chance, yes, that it could be done and she would only need to return for the interview.
Nik+HeatherFemaleUnited Kingdom2009-05-25 18:36:00
K-1 Fiance(e) Visa Process & ProceduresAmerican marrying a Canadian
Wow, you guys have been dreaming! It all sounds very romantic, don't get me wrong....

BUT, I think you need to start your thinking all over again with a clean slate AFTER you have reviewed your legal options.

You can make the suggested CR1 plan work if you get married (on paper) ASAP, and then file for your married (CR1) visa. Then plan your big ceremonial wedding for next May. If the CR1 has gone through by then (chances are good, if you start now - not so good if you start in the fall), there won't be any restrictions on international travel, as she'll already have her green card.

Here are your other options and trade offs:
K1 (fiancee):
- If filed after you get engaged in the fall, don't count on it being ready in time for your May 2010 wedding.
- If filed this summer, you are likely (but not guaranteed) to have it in time for May 2010 wedding.
- Honeymoon immediately after the wedding will have to be in the US, OR have a delayed Honeymoon outside the US after AP is applied for with your AOS.
- She can't move here until (at MOST!) 89 days before the wedding day, sometime in February.
- She can't work until after EAD is applied for with AOS (about 3 months), which is applied for after the wedding.

K3:
- Have to get married legally before you can start the process (again, can do legal paper wedding).
- There is a chance if you start soon that you could have your international honeymoon after your ceremonial wedding in May 2010...IF you have gotten the K3 approved AND applied for your AP with AOS AND that AP has been approved.
- This route is no longer recommended as it is more limited, and no longer faster than CR1.
Nik+HeatherFemaleUnited Kingdom2009-05-26 10:24:00
K-1 Fiance(e) Visa Process & ProceduresEngaged on an F1 visa
From my reading, what you should do is get married, and then apply to adjust status based on that marriage (before you become out of status on your F1 visa).

Since you are legally in the US, you don't need to apply for a visa to enter. This of course, assumes that you didn't enter already planning to adjust. If you've been here and studying and met and fell in love, getting married and adjusting status is something that happens a lot.

From the VJ notes on adjustment from an F1 visa:
QUOTE
General notes about adjusting from H1B, F-1, J-1, or another type of visa: Entering the US on another type of visa, such as student (F-1) or H1B, followed quickly by marriage to a US citizen, and then followed quickly by an application for adjustment of status might be construed by the USCIS to be visa fraud. The reason for this is that you applied for the original visa, and then after entry into the US quickly applied for adjustment of status, which makes the real purpose for your original visa request suspect. Bear in mind, the onus to disprove an accusation of fraud from the USCIS is on the person petitioning for adjustment of status. For this reason, I do not recommend applying for adjustment of status very quickly after you enter the US on one of these other visa types (although filing immediately is still legal if you had no intent on marrying and adjusting status both when you applied for your original visa and when you subsequently entered the US at the Port of Entry). There is no time limitation on when you must apply for adjustment of status after marriage to a US citizen...you could literally stay in the US for years before doing so, and as long as you maintained your status on the original visa, it would still be fine. While applying for adjustment of status very quickly might lead to a fraud accusation
from the USCIS , the marriage itself is not an issue--no one will try to prosecute you in any way for marrying a US citizen, even if it is not very long after you enter the US. The thing to remember is that you do not want to apply for adjustment of status until a reasonable amount of time has passed after your entry. Shusterman recommends waiting at least 60 days after entry before changing status. You may want to consult an attorney if you have further questions regarding the timing issue for adjustment of status.

Nik+HeatherFemaleUnited Kingdom2009-05-28 15:45:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about timelines
Ours and one other I know about sent in packet 3 in the last week in April. We got our packet 4 last week (2.5 weeks later) and they got theirs this week (3.5 weeks later) Both of our interviews were 3 weeks after packet 4 was received.

Come on down to the UK forum, we talk about this stuff all the time. smile.gif

Hope things go smoothly for you!
Nik+HeatherFemaleUnited Kingdom2009-05-21 16:39:00
K-1 Fiance(e) Visa Process & ProceduresImportant topic
This is a bit frustrating...you've already asked this question, and already been given good advice....

http://www.visajourn...h...185710&st=0

You were advised to have your fiance get a RETURN TICKET as the best and most widely requested proof that she is, in fact, intending to leave the country at the end of her legal stay.

Now, what might make sense to you in terms of convenience (move her stuff in small loads over the course of several visits), does not jive well with immigration. What you are proposing is in fact that your fiancee should take up residence in the US, and merely going back to Canada to visit. If she's here for 6 months, visits Canada for 2 weeks and is here for 6 months again - and has the visa by then, she's effectively moved here many months before the visa is approved.

Understand that things like your plan is pretty much the border patrol's main job to sniff out and stop.

You've gotten some suggestions on what she should bring with her to help prove these things. I would offer some things on the "do not bring!" list: Any papers needed for AOS, or other important personal records. These all point strongly to a person on a long term, one way trip. She shouldn't need any of these for you to file a petition (what are you waiting for?! I know a Canadian January filer who is interviewing next week already!).

We all would love to jump at the chance to be with our loved ones as soon as possible. We aren't un feeling, unaware people who don't know what you're going through. I wish you all the best in getting your fiance over here for the better part of your processing time. The good news is that if she is HONEST at the border and is turned away, it won't affect your Visa process. If she is DISHONEST at the border and is then discovered and turned away, it probably will.

Edited by Nik+Heather, 26 May 2009 - 10:02 AM.

Nik+HeatherFemaleUnited Kingdom2009-05-26 10:00:00
K-1 Fiance(e) Visa Process & Procedureson the G-325 A, where it asks for citizenship/nationality
They are smart guys, They can figure out that Turkey = Turkish = Turkey.

In the context of their question, they want to know in which country you hold citizenship, The name of the country is the most appropriate answer, but not the only one accepted.
Nik+HeatherFemaleUnited Kingdom2009-06-12 11:21:00
K-1 Fiance(e) Visa Process & ProceduresNeed visajourney members imput
Well, it means that they aren't going to reject it for some glaring omission - like the petition is missing or the correct amount on the check.

Also means that they actually received it, and you should be getting your receipt notice (NOA1) soon! Your packet hasn't been lost in the mail!


The best thing you can do for your fiance is to send her along to Visa Journey as well and for her to read the guides and the K1 flow chart (link to the guides at the top of the page). I found that taking the mystery out of the process really helps in taking the stress out of it too!!

As you read these, you'll find that you should not expect your petition to be approved for several more months, And, after it's approved, she still has to apply for a visa. This is a multi-step process. Put some of this early energy/excitement to use in learning about and preparing for the next steps.

Good luck, and welcome to Visa Journey!
Nik+HeatherFemaleUnited Kingdom2009-06-11 14:36:00
K-1 Fiance(e) Visa Process & Proceduresdoes calling uscis do any good?
QUOTE (belarus1 @ Jun 11 2009, 12:36 PM) <{POST_SNAPBACK}>
QUOTE (Minya's wife @ Jun 11 2009, 03:34 PM) <{POST_SNAPBACK}>
QUOTE (Ken-Love @ Jun 11 2009, 02:27 PM) <{POST_SNAPBACK}>
QUOTE (belarus1 @ Jun 11 2009, 03:18 PM) <{POST_SNAPBACK}>
according to Igors list my NOA2 should have been between april 23 and may 15 and of course we are now one month past that date.
it suggests calling uscis but in actuality will that do any good?
or should i wait til the dreaded 6 month time frame is up?
submitted the i-129f on jan 12 and havent heard anything other than my NOA1 on jan 14.
my petition is at csc.
my poor fiance is about to go insane and its getting more difficult convincing her that all is ok and this is just normal.
i dont see any reason they should deny our application, i make enough $ ,have no criminal record and never been married and my fiance has no problems either.
hmmm..........
thanks for any adivce.

yes call uscis and ask them about the status of ur application.i called uscis once every week.


is your timeline correct, you've just sent off your application and you're calling them once a week? seriously though? blink.gif you hope to achieve what w/ calling?

uscis recieved my petition on 1/12/2009 so no, i didnt just send it in its been 5 months.


I think she means the other poster -- petitioned on May 22, 2009.

I don't think that calling USCIS for status updates does any good. In fact, I think it just ticks them off. Once you reach the 6 month mark (this is their stated time frame), however, I think you CAN call and do a service request. Sometimes that seems to get the ball rolling. Or at least they might tell you that it's hung up in background checks or what have you.
Nik+HeatherFemaleUnited Kingdom2009-06-11 14:41:00
K-1 Fiance(e) Visa Process & ProceduresHas anyone had a problem at POE????
QUOTE (Jauque @ Jun 12 2009, 08:50 AM) <{POST_SNAPBACK}>
People who have bad experiences at POE don't come home and write about on the interweb so all we ever hear are the sad stories. For every sad story however you have to think that theres several others who made it through without a hitch. If you have proof of ties to home and are being honest, you'll be just fine.


Yes, this is why I insist on telling about how we got in alright. There may be more sad stories on VJ than happy ones, but that's because I also think the happy ones are too busy to be posting on VJ. I don't believe for a second that the ratio of success stories to failure stories at all relates to the actual ratio of those let in or not. People come here to vent about things, but not many come to tell of how things went so smoothly. That's what the forums are FOR, so people who are having a hard time of it have some support from others going through the same process. Unlike the time lines on here which at least approach a sampling rate which is statistically appropriate, anecdotal stories on the forums are NOT.

I am very sorry for any couple who had to spend more time apart than others - sorry that any couple, including ourselves, have to endure any forced separation at all. I think there are things to learn from both failures AND successes.
Nik+HeatherFemaleUnited Kingdom2009-06-12 11:10:00
K-1 Fiance(e) Visa Process & ProceduresHas anyone had a problem at POE????
QUOTE (Arthur Roberta @ Jun 11 2009, 12:20 PM) <{POST_SNAPBACK}>
All I can advise is that your fiance does not try to enter.

My experience was that I came over shortly after I was married to a US citizen (we were married in the UK) and was coming over on the Visa Waiver Program to be with her and then return to the UK before the 3 months were up that I could stay for.

I flew into Charlotte and was asked the purpose of my visit as is normal at POE. I replied that I had come to the US to visit my wife. Well my goodness I was told to go to this room and wait. I then after some time was interviewed by an immigration officer who told me I could not enter the US as I had more ties with the US than the UK therefore I would have to return to the UK. He took copious notes at the interview and wrote something in my passport. The passport was taken from me and I was escorted to the plane I had arrived on. (I had a return ticket obviously). I then flew back to the UK and was not given my passport until I had left the aircraft.

So as you can see it was not a particularly nice experience and was totally my fault as I was ignorant of the fact that I was unable to do this as I was now married to a US citizen.

Perhaps you will be lucky and they will say fine go ahead. But I for sure would advise strongly against it.

Best Wishes
Arthur and Roberta


But you don't mention if you had started the process or not. I still think that someone who is educated about the legal process and also financially invested in the legal process has much better chances of entering than someone who has clear reasons to immigrate but hasn't taken any of the steps to do so legally (yet) when they try to come into the country.

Not that I don't think that you could still be turned away - it is up to the individual officer's discretion, but I am curious which side of the NOA1 line you were on when you attempted to visit.
Nik+HeatherFemaleUnited Kingdom2009-06-11 14:28:00
K-1 Fiance(e) Visa Process & ProceduresHas anyone had a problem at POE????
There are no definitive guidelines because it is up to the discretion of the individual stamping her passport. Your argument about "intent" is a good one. In our experience and corroborated by what I have read of others experiences, letting them know that you know about and are pursuing the K1 visa are compelling arguments that you do have legal intent.

The common things that people have found useful:
- RETURN TICKET (with printout of itinerary)
- NOA1 from the I129f packet

Nik DID utter the "f" word (fiancee!!) when he went through PoE when he came to visit, and the officer in secondary inspection was very pleased to see the NOA1. he immediately stamped his passport and sent him along.

Good luck!
Nik+HeatherFemaleUnited Kingdom2009-06-11 14:00:00
K-1 Fiance(e) Visa Process & ProceduresHow accurate is the ucis status online?
Not at all accurate.


Some people have completed the process but according to USCIS website, they haven't even been approved for the first step. For others, it works as it's supposed to. Long after my petition was approved and NOA2 was received it still said "received and pending" for me. BUT, that meant that NOA2 was a really nice surprise in the mailbox one day!! biggrin.gif
Nik+HeatherFemaleUnited Kingdom2009-06-12 19:08:00
K-1 Fiance(e) Visa Process & ProceduresNeed some help with details
YES. Regular, plain old kinkos photo copy or scanned and then printed is sufficient. Or, to restate, NO, you do NOT have to go and get a "certified" copy. Photocopy is fine.

Actually, for just about every document (birth cert, police cert, marriage cert, divorce cert.......etc) that you mail in for the entire process you submit photo copies, and have the originals on hand to show them if requested (usually hand carried at an interview).

Edited by Nik+Heather, 15 June 2009 - 06:45 PM.

Nik+HeatherFemaleUnited Kingdom2009-06-15 18:43:00
K-1 Fiance(e) Visa Process & ProceduresWhat is meant by "Hard Copy"
It means a physical piece of paper rather than something online.
Nik+HeatherFemaleUnited Kingdom2009-06-16 11:38:00
K-1 Fiance(e) Visa Process & Procedurestiming??
I sometimes advocate for planning, but Gary's words are key "NON-REFUNDABLE" deposits aren't smart - especially if they lock you in to a specific date - like airline tickets. Putting down deposits but with the ability to be flexible with the date are OK in my book. However, I really can't see that a reception needs more planning than 4 or 5 months, and once you get your visa, that's the soonest I would really plan on having AP. That takes maybe 3 months... AFTER you enter, marry, file for AOS (+AP). Once you get to 3 months after your wedding, what's a few more? I'd relax and not even start planning the UK reception until after you have the AP.
Nik+HeatherFemaleUnited Kingdom2009-06-16 15:04:00
K-1 Fiance(e) Visa Process & ProceduresShould I marry my girl before trying to come to USA?
QUOTE (Filipina Lover @ Jun 16 2009, 05:55 PM) <{POST_SNAPBACK}>
She comes to the US with a tourist visa and you get married here and then you do the paperwork and tell them she's not leaving, but you might need a lawyer, I don't know how that works, but I heard that they don't like it when you do it that way,



Uhhh. NO. "They" don't like it. It's ILLEGAL to enter on a tourist visa with intention to stay and adjust status. Don't know how it works? Don't give out this advice to people.
Nik+HeatherFemaleUnited Kingdom2009-06-16 20:06:00
K-1 Fiance(e) Visa Process & ProceduresProof of ongoing relationship question
QUOTE (Bry+Nelia4eva @ Jun 17 2009, 12:49 AM) <{POST_SNAPBACK}>
Me and my CO have a joint account in the Phillipines, and I have to put money in there every month. She has a very low income and I dont want to be a burden to her. She needed to go to Manila for her passport, on my last trip so i put money in for her to buy both are tickets. I also pay for her internet every month so we can webcam and such. I wasnt planning on submitting this as evidence, but would it really be that bad of an idea? She never uses our money for anything for herself even though i tell her too.



Hello,

I would strongly suggest that you read my previous post in this thread regarding the different ways that people can interpret money exchange. The guys at the consulate - their job is to sniff out fraud and any other suspicion that your fiance isn't in this just because she loves you so much. Just don't give them ANY reason to think that.

Give your fiancee money if you like. It doesn't matter how you work out best to do that, but it just doesn't prove a bonafide relationship for a K1 visa. Later, commingling of assets (when you can BOTH contribute) comes into play, but this is one sided, and it's on the wrong side of what you should be trying to prove.
Nik+HeatherFemaleUnited Kingdom2009-06-17 16:53:00
K-1 Fiance(e) Visa Process & ProceduresProof of ongoing relationship question
The reason that most people feel like money transfers shouldn't be used as relationship evidence is because they are AMBIGUOUS. That means that they can be viewed, as Gary points out in an adult relationship where there are two contributors and bills get paid out of the income. That also means that money can be viewed in terms of a transaction. It connotes that an exchange or purchase occurred....but, "What did YOU get?" is the question it leads to.

Furthermore, I think that there is a feeling that there is an obvious benefit to the immigrant being able to come here on the "fast track" family based visa (It's our "USA is so great!" ego). Your job is to show the balance of the equation, that the USC is getting a great relationship out of all this and the immigrant is bringing something to the table too, NOT to show that the immigrant is getting more benefits. That's loading the wrong side of the equation.

Relationship evidence should show that you both have given significant time and energy to your SO. Correspondence and chat and long phone/Skype calls don't cost a lot/anything, but they do take TIME. Spending your time (not your money) shows devotion worthy of a bonafide relationship. It shows that you have made your relationship and maintaining it a priority in your life, that you're already sharing a life together as best you can.
Nik+HeatherFemaleUnited Kingdom2009-06-12 19:55:00
K-1 Fiance(e) Visa Process & ProceduresCan I do everything without a lawyer????
QUOTE (absolutnina @ Jun 17 2009, 02:48 PM) <{POST_SNAPBACK}>
I am here on the visa waiver program and I am now getting married with my boyfriend. My visa expires July 10th. I have asked several lawyers and the USCIS and they all say I are able to get married on the VWP.

Getting married on the visa waiver program is NO PROBLEM. The part where you will run into issues is if you try to stay permanently. IF and only if you entered the country without the intent to stay, but then circumstances changed, you can marry and then adjust status to permanent resident. If you entered on the VWP and intended to adjust status, this is illegal. The burden of proof is on you to show that this is the case. So, if you canceled your lease or sold your home and your car and quit your job to come here, it looks a lot like you came here with intent. Assess your own situation and decide.


The safest way to get through your situation is to get married, and file JUST an I-130 for a CR-1 visa. Then you will need to go back home ON TIME and wait for the visa to be processed (visits ARE ALLOWED!) It's the cheapest, fastest way to get here with a green card in the least risky way, and is my fervent recommendation. I'm sure the idea of being separated from your fiance for most of the duration of your processing time is difficult, BUT I believe it is the least stressful way to go about the process. Most of us here are in the same boat. Start here:
http://www.visajourn...page=i130guide1



However, if you still wish to pursue the adjustment of status....


I'll repeat the warning on the guides, just for extra measure:
QUOTE
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.


The rest of my answers depend on the assumption that you entered without intent to emigrate.

QUOTE (absolutnina @ Jun 17 2009, 02:48 PM) <{POST_SNAPBACK}>
However, I am in the first step of all of this and I don't know where to start?

We are not hiring a lawyer, we have heard that it is just a waste of money. Also, I have bought a book called Fiance and Marriage Visa - A couples guide..., which I have heard will help you through it. I have not yet received it but I am now wondering if there is anyone who has been in my situation that can give me some advice on where to start???

I am a bit confused to tell you the truth! - PLEASE fill me in...

It is a sometimes bewildering process. Read. Read more. Read again. Read outloud, ask your fiance to read it and then discuss what you understood. Then read it again. Answers on forums will never ever be as comprehensive as reading the answers for your self. Welcome to Visa Journey! And I wish you luck.

QUOTE (absolutnina @ Jun 17 2009, 02:48 PM) <{POST_SNAPBACK}>
A) We book an appointment at the city hall - bring a money order and boom, we are married, right? Then what?

How you get married depends on your state. Google "marriage requirements <state>" or "marriage license <state>" for the specifics. Then you'll need to wait for your marriage certificate to come in the mail. I would suggest getting this taken care of ASAP, because you'll want to have your AOS pending before you become out of status.

QUOTE (absolutnina @ Jun 17 2009, 02:48 PM) <{POST_SNAPBACK}>
cool.gif USCIS told me that they will send out a package with all the documents. Is that all the documents I need? Will all the documents be in there- for both me and my husband? Do we send in our medical examination with all those documents?

NEVER depend on USCIS to send you things. Look at the guides here. http://www.visajourn...page=i130guide2

QUOTE (absolutnina @ Jun 17 2009, 02:48 PM) <{POST_SNAPBACK}>
C) When do i apply for adjusment of status and the greencard?

Again, read the guide. You send them all in together. Applying for adjustment of status IS applying for a green card.

QUOTE (absolutnina @ Jun 17 2009, 02:48 PM) <{POST_SNAPBACK}>
D) What is the cost for all the different documents?

$1010 for adjustment. Something around $400 +/- $50 for the I130.

Also check out the other adjustment forum if you have more questions. The K1 forum is no good for this type of question. http://www.visajourn...p?showforum=130

Nik+HeatherFemaleUnited Kingdom2009-06-17 17:20:00
K-1 Fiance(e) Visa Process & ProceduresHelp! K1 returned
QUOTE (Bobby_Umit @ Jun 18 2009, 10:41 AM) <{POST_SNAPBACK}>
good thing they do not allow cash/coins - can you imagine the issues with that smile.gif


Too bad this isn't allowed, I am sure that some people heart.gif USCIS so much that they would just LOVE to pay in pennies...I'm giggling over the idea of a petition needing to be delivered with a fork lift.
Nik+HeatherFemaleUnited Kingdom2009-06-18 13:13:00
K-1 Fiance(e) Visa Process & ProceduresHelp! K1 returned
Page 5, Heading: What is the Filing Fee.
http://www.uscis.gov...I-129Finstr.pdf

QUOTE
2. Make the check or money order payable to U.S. Department of Homeland Security

..

unless in Guam, Virgin Islands, or outside the US.


Take this opportunity to make sure that no other little details get you hung up. It's tedious and boring, but pays off in the end.

Edited by Nik+Heather, 17 June 2009 - 06:21 PM.

Nik+HeatherFemaleUnited Kingdom2009-06-17 18:19:00
K-1 Fiance(e) Visa Process & Proceduresinsurance question
Yes, I meant that that may have been the context of the post the OP had read. I thought I had read something similar, but can't remember exactly or be bothered to dig it up. Some people come up with "out of the box" solutions to somehow show that they won't become a public charge. If I hadn't read any directions, I may have thought along those lines as well.

I thought twice about saying anything regarding the words "I can only speculate" Probably should have thought a third time. blush.gif

And yes, this is Heather...We share the account, but I suppose I should make sure I take credit when I might be smearing Nik's good rep around here. jest.gif
Nik+HeatherFemaleUnited Kingdom2009-06-18 13:09:00
K-1 Fiance(e) Visa Process & Proceduresinsurance question
QUOTE (laureldevine @ Jun 18 2009, 08:50 AM) <{POST_SNAPBACK}>
I have read on VJ previously that the beneficiary for the K1 process will need to show proof of having 1 year paid health insurance.
Is this accurate?
If so, at which point of our filing process will we need to get this? We are just sending out our petition.
Also, does anyone know what Insurance companies offer this??


Nik completed his interview in London at the beginning of this month, and they didn't mention anything at all about health insurance.

It is a WISE thing to have some sort of health insurance lined up for when you get here. Even if your fiance(e) has health insurance through work which can be extended to spouses, there is the time before you get married and then until the insurance becomes active to consider -- additionally, some require that you are a permanent resident. It is never a good idea to spend any time without coverage - car accidents etc. can come at ANY time.

I can only speculate, but perhaps the comment was offered in regards to an existing health condition and proving that they will not become a public charge??
Nik+HeatherFemaleUnited Kingdom2009-06-18 11:45:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support
Or, you can save up $212x5 = $1,060 in liquid assets to make up for your income short fall.

I would recommend that you get a bigger pad than that, but without a time line, we can't tell where you are in the process (not petitioned yet?).

The poverty guidelines seem to be pretty hard minimums, but always better to be as much above them as possible.
Nik+HeatherFemaleUnited Kingdom2009-06-18 13:00:00
K-1 Fiance(e) Visa Process & ProceduresAnother odd question from me
QUOTE (tyriun_j @ Jun 18 2009, 11:59 PM) <{POST_SNAPBACK}>
Hey guys...

Its been awhile since I've posted but I have a random question I need some advice on. My fiance is coming to visit for a few months here in the states and I live in an apartment complex. Would it be smart to put her on my lease or not? I know pertaining to the apartment it would but what about our visa? Does the government check that stuff or anything? Shes not looking to stay here but her allowed time ( shes heading back in about 4 months so its not over the 180 day mark, and yes she was cleared at the US/Canada border for all 180 days biggrin.gif!!! ) I just want to know if I add her to my lease to make her stay with me legit for my complex's sake...is it going to affect our visa at all? Advise please


That's great news! biggrin.gif So, tell us how her experience stacked up against our expectations/recommendations?

Can you explain in more detail why you think you need to add her to your lease? Since she's just visiting, and she may never actually be a resident there (maybe you move before/just after marriage?), and I assume she won't be paying rent there, why does she need to be on the lease? Is it required that all adults staying there for a certain length need to have their names on it? If it's an emotional desire to start seeing your names next to each other on official papers (which I understand....*hides papers filled with practiced married-Heather signatures*), probably best to wait until after your names appear next to each other on the marriage cert. smile.gif

Nik+HeatherFemaleUnited Kingdom2009-06-19 11:39:00
K-1 Fiance(e) Visa Process & ProceduresWhat to include in a packet
QUOTE (ACGeiger @ Jun 20 2009, 01:53 PM) <{POST_SNAPBACK}>
Thanks a ton Otto.. I am just ready to get this thing going and get Linnea here. Gona be a ruff ride but looks like everyone is or has gone through that same ride here.


It certainly has the tendency to weed out the weaker couples...I found Visa Journey is a great way to help with the uncertainty of things. I liked joining my month/service center filers thread in the progress reports forum, and watching Igor's list. smile.gif

Reading and understanding the process and removing the mystery of what's going on relieves a lot of stress, so you are on the right track already judging by your list of things so far (it's not complete, but I'm sure you've read the guides by now and fixed it. biggrin.gif).

As for your second question, yes, she can visit. Be sure that she is prepared to show proofs that she will return home. This is sometimes more difficult for long visits, but possible (my fiance came for 88 days with nothing better than a return ticket once -- he wasn't my fiance yet, but they do grant them). Others have had other experiences, but when Nik came to visit the last time, bringing our receipt (NOA1) with him helped him greatly when entering the country, as he was going about things the "right" way. Is she still going to school? Perhaps something to show when classes start, or a tuition receipt would show that she has to return. Check out this thread for more ideas on how to breeze through POE while visiting. http://www.visajourn...showtopic=67796

Even if she is denied entry, it won't have a detrimental effect on your K1 process unless it was determined that she misrepresented herself when trying to gain entry.

Welcome to Visa Journey! May yours be smooth and swift!

Edited by Nik+Heather, 21 June 2009 - 08:40 PM.

Nik+HeatherFemaleUnited Kingdom2009-06-21 20:38:00
K-1 Fiance(e) Visa Process & ProceduresAdvice needed
As far as I know, suing someone for breach of contract for breaking off an engagement won't hold water. People do it all the time (break engagements, not sue). The marriage is the contract. If he could hold not entering into a contract over your head, I'd say that was coercion. If he's given you a ring or something and you broke it off, maybe you should give it back - not for legal reasons, just plain right to do in my mind, but otherwise, I don't think you owe him anything.

Besides, in what court is he going to take this? Which one has jurisdiction over both of you? Paying however much in attorney fees just to get back some of the petition cost just isn't economically wise.

Sounds like this guy doesn't fight fair, and you're better off knowing now when you can still walk away. Sorry things didn't work out.

Edited by Nik+Heather, 21 June 2009 - 04:37 PM.

Nik+HeatherFemaleUnited Kingdom2009-06-21 16:33:00
K-1 Fiance(e) Visa Process & ProceduresAdvice needed
QUOTE (AllieG @ Jun 16 2009, 02:07 PM) <{POST_SNAPBACK}>
Do I have to have bills in my name and a joint bank account if I am applying for a fiance visa. Also if I decide to break off the relationship can my American fiance sue me for money he spent on a lawyer and house (I am a British citizen and live here and he lives in America).


The K1 fiance visa is NOT a "getting to know you" visa. It is meant for serious couples who are already engaged and sure they want to marry.

If you want an extended visit with your boyfriend, then you should come on the Visa Waiver Program. Nik was easily able to come for nearly 90 days and stay with me before we got engaged (he ONLY had a return ticket and NO proof of employment/residence/need to return to the UK + Obviously foot tapping girlfriend).

I believe that the K1 process is fairly evenly split between petitioner/beneficiary costs, $455 for the petition, and $441 for medical exam/visa/courier fees for the visa application itself. Up until that point you're even, and he'll just have to assume that he's hosting you. If he wants to pay a lawyer because he's unable to read directions and fill in forms, then that's his money to spend and shouldn't have any bearing on you.

Good luck and happy dating!
Nik+HeatherFemaleUnited Kingdom2009-06-16 19:25:00
K-1 Fiance(e) Visa Process & Proceduresstop K-1 and apply for tourist visa instead?
http://www.visajourn...h...=195354&hl=

Again, I think your plan is risky. Good luck whichever way you decide.
Nik+HeatherFemaleUnited Kingdom2009-06-11 11:23:00
K-1 Fiance(e) Visa Process & Procedureswill now live in France - what do we say in K1 interview?
I would still discourage you from using the visa in any way other than intended (to enter the US to stay and AOS).

I wonder if it would be a VJ first if the beneficiary was all alone in the US doing paper work while the Petitioner was in another country! What if your fiance stayed in the States after the August wedding to adjust status while you went back to France to finish out your contract, and then he went back over to France once the Advance Parole came through? You'd need someone to watch your US mail and also need to know how long he can be out of the country on AP....but...Is this idea TOO "creative"?

You may have made deposits, but it is my experience that many vendors will allow you to change the date and not loose your deposits, especially as we are still more than 90 days out. I would still strongly encourage you to spend some time considering moving your K1 plans to January instead of August.

I see lots of risks against you in trying to get married in August:
- May not be granted visitor visa.
- May not be admitted (even with visitor visa)
- Will have to go through the process of filing again
--- Extra money (How does this compare to money down already?)
--- Extra time & effort
--- Waivers?
--- Other unknowns you'll have to research and should be informed about before you make this decision.

Do you feel confident that you can mitigate all of these to have your perfect August wedding? I hope so....

Also, have you considered simply declining your contract extension? Something's got to give here.

I understand completely the desire to have an all inclusive wedding - the ceremony and the legal bit and all the family around all in one day. We are doing that, and will probably be separated an extra 3 months in order to do as we like. I'm not sure why moving from August to January is going to prevent that...

We don't have all the details like you do, so my previous suggestion still seems like the best path from what you've shared. When circumstances change, so must you revisit previously made decisions and reconsider from the beginning.

Wishing you the best, I hope that whatever you do in the end, it works out!
Nik+HeatherFemaleUnited Kingdom2009-05-05 12:38:00
K-1 Fiance(e) Visa Process & Procedureswill now live in France - what do we say in K1 interview?
I vote that you delay your interview date such that you can both enter (him on K1) together when your contract is up in December. If you get the visa in July, that will be just at the end of its validity date. Simply put your planned travel date as December/January, and it seems like most of the embassies are willing to accommodate that, and they'll put your interview date back some so that you can swing that.

Before you try your visitor visa route, be sure that you can first cancel the pending K1, and then apply for and have a visitor visa in hand before the wedding. Thankfully, you'll both have fairly decent proof of ties back to France, so hopefully that won't be an issue at POE.

Wish I could convince my boss to give me work contracts in Europe! *envious*
Nik+HeatherFemaleUnited Kingdom2009-05-05 10:55:00
K-1 Fiance(e) Visa Process & ProceduresCan my fiance visit me on vacation while our K-1 is pending
It is true that it is at the discretion of the officer who interviews you when you try to enter the country.

The timing of your trip and the other things raised a lot of red flags - What the officer said about thinking you were coming to marry is true, someone looking just like you with the same evidence might have different intentions!

It is our direct experience - and I've seen posts from others of the same - that showing that you are invested in immigrating the legal way - NOA1 is proof that you've paid a pretty chunk of change to do it the "right" way- goes a long way with POE officers. People who claim strong ties to the US, but demonstrate no intent to take the legal route to immigration are perhaps rightfully suspected. Glad you got in - get that petition filed so that you can come back to stay ASAP! smile.gif

Happy visiting, and hope your visa journey is smooth and swift!
Nik+HeatherFemaleUnited Kingdom2009-06-22 16:10:00
K-1 Fiance(e) Visa Process & ProceduresCan my fiance visit me on vacation while our K-1 is pending
QUOTE (grinchus @ Jun 22 2009, 08:25 AM) <{POST_SNAPBACK}>
If he can come, do I have to call and have the application amended, because when I originally filed it he never had been here, so I answered that particular question appropriately ("has your fiance ever been to the US?" = "no"). If he can come in August, "no" will no longer be the correct answer.

Thank you,



QUOTE (Nik+Heather @ Jun 22 2009, 11:34 AM) <{POST_SNAPBACK}>
Your question not covered in the FAQs - Don't worry about the number of visits being zero on the petition. You signed and dated the petition. At that time, it was true. That's what matters. smile.gif



QUOTE (payxibka @ Jun 22 2009, 11:39 AM) <{POST_SNAPBACK}>
QUOTE (Nik+Heather @ Jun 22 2009, 01:34 PM) <{POST_SNAPBACK}>
Your question not covered in the FAQs -


Yes it is...

http://www.visajourn...kvisa-tips.html


please see 21.7


Casual reading does not mention anything about not having to amend the petition. No, I didn't go and read the 10+ page threads linked.

All other questions were addressed except the bolded one above.

Nik+HeatherFemaleUnited Kingdom2009-06-22 15:03:00
K-1 Fiance(e) Visa Process & ProceduresCan my fiance visit me on vacation while our K-1 is pending
Your question not covered in the FAQs - Don't worry about the number of visits being zero on the peititon. You signed and dated the petition. At that time, it was true. That's what matters. smile.gif

Good luck on the rest of your visa journey, and happy visiting!! biggrin.gif

Edited by Nik+Heather, 22 June 2009 - 01:35 PM.

Nik+HeatherFemaleUnited Kingdom2009-06-22 13:34:00
K-1 Fiance(e) Visa Process & Proceduresdoes this make sense?
QUOTE (iLoveAPolishGirl @ Jun 22 2009, 09:32 PM) <{POST_SNAPBACK}>
As per the documents mentioned on the link provided, other than a return ticket or itinerary printout, I've NEVER heard of anyone (here or elsewhere) successfully using such documentation at the BORDER (only in interviews for a B-2 visa.) In the few cases I've read where an alien attempted to use such 'proofs' the officer refused to even look at them. I love to hear of a case where someone actually used such documentation successfully to gain entrance!! However, for my fiancee, no such documentation was requested (including the return ticket), nor offered.


I have two examples of successful use of documentation from that list. Nik had a leave form showing dates when he was not expected at work and when he was expected back, and NOA1 with him during his last visit. While in secondary inspection, he showed both - Itinerary, then the leave letter, and last was the NOA1, which elicited the comment of "Oh, well, that's alright then" and lots of stamping followed by "Welcome to the USA." Definitely think the NOA1 did it for us.

Nik+HeatherFemaleUnited Kingdom2009-06-22 23:53:00
K-1 Fiance(e) Visa Process & ProceduresSenator or Congressman?
QUOTE (JimVaPhuong @ Jun 25 2009, 11:30 AM) <{POST_SNAPBACK}>
QUOTE (maria teresa @ Jun 25 2009, 09:58 AM) <{POST_SNAPBACK}>
QUOTE (Nik+Heather @ Jun 25 2009, 12:48 PM) <{POST_SNAPBACK}>
The OP is talking about a response to a request for more documents after their interview at the end of May. Seems like most embassies tell you to wait 6-8 weeks, and sometimes this additional processing can take MONTHS. I wouldn't say you're out of "normal" processing times yet, so it's not time to contact your representatives. Have you asked in the Philippines forum? They know more about their embassy over there.

http://www.visajourn...h...=204397&hl=

QUOTE (maria teresa @ Jun 24 2009, 09:31 PM) <{POST_SNAPBACK}>
ok well here is my situation. My fiancee had her interview on June 15th. She was given a 221g because they thought her decree of annulment and final decision was fake. On the 221g its says they are requesting all documents from the annulment including all trail papers. She went and got them the next day and had them sealed and signed by the courts and stapled her receipt. She hand delivered it to the USEM on the 17th.



Yea, i know i am not out of the "norm", but o'well i am going to try anyways. I dont think much harm can be done in trying. Some people may not like this idea but i am going to try to play the military card and the fact i am deployed in the Middle East to try to persuade my senators' and congressman to give me a hand. At desperate times, desperate people do desperate things.


Using your race, gender, national origin, or some other attribute you were born with would be "playing a card". Joining the military is a sacrifice you volunteered to make. As far as I'm concerned, you deserve special consideration.

Good Luck!


Military expedite is a different thing entirely. Good luck in your efforts!

You're welcome to try, my intent in telling you what the "norms" are was to just hopefully set the expectation that the answer you'd get back is the same. Seems like most of the time the representatives just say "you're not over time, I can't do anything" Maybe it's different for you, they do do some expediting for military for petitions, it's true.

I know waiting is frustrating, so I hope that you don't have to wait long! smile.gif

Nik+HeatherFemaleUnited Kingdom2009-06-25 16:15:00
K-1 Fiance(e) Visa Process & ProceduresSenator or Congressman?
The OP is talking about a response to a request for more documents after their interview at the end of May. Seems like most embassies tell you to wait 6-8 weeks, and sometimes this additional processing can take MONTHS. I wouldn't say you're out of "normal" processing times yet, so it's not time to contact your representatives. Have you asked in the Philippines forum? They know more about their embassy over there.

http://www.visajourn...h...=204397&hl=

QUOTE (maria teresa @ Jun 24 2009, 09:31 PM) <{POST_SNAPBACK}>
ok well here is my situation. My fiancee had her interview on June 15th. She was given a 221g because they thought her decree of annulment and final decision was fake. On the 221g its says they are requesting all documents from the annulment including all trail papers. She went and got them the next day and had them sealed and signed by the courts and stapled her receipt. She hand delivered it to the USEM on the 17th.


Nik+HeatherFemaleUnited Kingdom2009-06-25 11:48:00
K-1 Fiance(e) Visa Process & ProceduresSnail Mail -- Does My Fiancee Need to Send me snail mails?
QUOTE (grinchus @ Jun 26 2009, 09:28 AM) <{POST_SNAPBACK}>
I haven't been exchanging snail mail correspondence with my fiance. We email and chat every day and I printed out a bunch of those for my initial application. We also talk on Skype, cell and sms constantly. Unfortunately many modes of communication now don't leave a paper trail (Skype, cell phone using int'l calling card, texting). Paradoxically, if a relationship is sincere it's almost harder to produce the "evidence" of it because it, and the communications involved in it, evolve organically. I find that the most frustrating part of this process - besides the wait!


Skype and cell phone bills will most certainly provide what you need - a listing of time, duration and the id of the other half of the communication. This much will show the frequency and duration of your conversations.

If your cell phone bill doesn't currently show it, you can call and ask them to send you a detailed bill which includes a call history....Do a search, I'm sure I have seen directions for exporting Skype history.

Nik+HeatherFemaleUnited Kingdom2009-06-26 12:16:00
K-1 Fiance(e) Visa Process & ProceduresInformation about immegrating to America
Your girlfriend will do most of the front end of the whole process with only a little input from you.

Karin und Otto editing their post before I could respond. tongue.gif

Edited by Nik+Heather, 26 June 2009 - 11:01 AM.

Nik+HeatherFemaleUnited Kingdom2009-06-26 10:59:00
K-1 Fiance(e) Visa Process & ProceduresInformation about immegrating to America
QUOTE (Scruffs @ Jun 26 2009, 08:41 AM) <{POST_SNAPBACK}>
I posted on her before and the feed back i got was very positive thank you

But it was pointed out that i needed more information so that people can better help me

So let me begin:

I am british i have a Degree (2:2 BaHons) iin business
I have a couple of thousand in the bank
Own no poperty, But have a car

She is a america
Her marriage has broken down and she will be heading back home

Is she a US citizen? Where is she going "home" to? The following answers assume that she IS infact a US citizen.
QUOTE
Now i need to know how to go about gaining entry

The options that looked good where the K-1 (slightly too long but doable)
Or the Direct counciling one
(looked at the others but would have to get married and untill other matters finalise that might be a problem)

All routes will require that her divorce is finalized. the K1 is the shortest way to get to the US...unless she is a USC with residency in the UK...but I think there are actual time requirements - have to live there for 6 months before applying for DCF. Still might be the fastest way to be together - just not the fastest way to the US.
QUOTE
She will have the clothing on her back when she goes back the same will be said of me (with what ever funds i have)

So the questions i'm asking are:
(Yes these are possibly in guides but i'm literally bouncing trying to work things out if there feasible or not and its well GRRR)

What would the Co-sponsor need to do?
What would they need to put up as collateral?

The Cosponsor does just what you would do, they sign a paper which says that if she needs it, they will provide for her. They do not have to release any money or income to the government, just provide proof that they have the means.
QUOTE
What would the process be for myelf?
Know i need evidence to support us
But what in the way of finances would help?

For London, sometimes assets of the immigrant can be counted.
QUOTE
Would a job offer help as well? if so would a job in a store work (or something similar) or does it have to meet certain requirements (ie be X type with X money at X Business)

You won't be able to work, so unless you are coming over on a work visa, the basic answer is No.
QUOTE
Would there be any forseable difficulties that i would have to or tha you can see that i would need to be aware of?
(if i know about them early enough i can start working to remove them)

You already know about the need for a cosponsor. Make sure she's truely, legally finally divorced before you start any paperwork.
QUOTE
If people are going through this process can they say what the expected time to completion is that they've been informed it would be?

Average is 8 months. The variation from the average is wildly unpredictable.
QUOTE
Would letters of good conduct help?

Part of the process includes furnishing police reports. If you have arrests or convictions, you will have to reveal them. Letters of character don't come into the K1 process.
QUOTE
Anything, something

I'm greatful for what ever the informaition that you can provide for me.
As trying to work this out is driving me nuts


It can be overwhelming. Read the guides and form instructions. Read them again. Read them some more.

Your girlfriend needs to end her previous relationship before you can proceed.

Edited by Nik+Heather, 26 June 2009 - 10:54 AM.

Nik+HeatherFemaleUnited Kingdom2009-06-26 10:54:00