ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & Proceduresproof of meeting in last two years - any suggestions?
under the VWP, there is no requirement for significant ties. It is assumed they wish to stay in their home country. there is NO VISA needed from the consulate. Study the VWP, it is much much more looser then you know. there are 36 countries under the VWP. Just a passport is all you need to come visit America. the driver's license, the apartment lease, the bills being together. There is no common law marriage in Italy. It would be better for them to marry there and an I-130 then try for a K-1. However, a K-1 would also be a slam dunk as well, since they have lived together. they just get a couple of affidavits from friends, lawyers, and get a notarized letter from the embassy there.
gretchen_darrenMalePhilippines2011-04-30 23:22:00
K-1 Fiance(e) Visa Process & Proceduresproof of meeting in last two years - any suggestions?
wow.. did you even look at things??? Italy is a VWP country. Y'all can come and go as you please. Your significant other can come and go all the time. filing for a k-1 or for an i-130 does not matter. You can still visit the US an go back and forth. However, if you marry in the US, you need to remain until AP is given. Marrying in italy may not be a problem. but would not recommend until a K1 is filed and approved. the nice part is your finace can come and stay here while waiting. Your fiance does not have to wait in Italy. You just need to be careful on the entry and exits times allowed so as not to get in trouble with your fiance stay in the US going over the limits.
gretchen_darrenMalePhilippines2011-04-30 21:43:00
K-1 Fiance(e) Visa Process & ProceduresShould i wait or get marry instead.
that comment is hard to overcome. The only way to overcome that one, is to go to the embassy with your fiance. Sending your fiance to the embassy alone without you is a 50/50 chance of approval. (some embassies just straight out deny the visa.) It has been said here many times, many many, many times. ALWAYS PLAN TO GO TO THE EMBASSY WITH YOUR FIANCE. The fiance gets nervous going by themselves. It is a MAJOR MAJOR MAJOR hurdle. EVERYTHING rests on that interview. It sounds like you not being there, plus the fiance may have missed some important questions, Like name, where you live, family members, when it was filed, There are basic questions the officer looks at in the packet including birthdays. Your fiance may have missed some really key information. I hate to say this, but you may want to look at your relationship. Your fiance may not know you or love you as much as you think they do. the consulate questions are extremely easy. ASK YOUR FIANCE EXACTLY WHAT QUESTIONS WERE ASKED and the ANSWERS GIVEN. Something went very wrong during the interview. The consulate officer heard something which raised a red flag. IT is said say nothing more then what you need to. BUT ALSO Elaborate when necessary. (WHEN,WHERE, WHO, Which DAY, How Long questions only give simple answers.) (HOW, WHY, WHAT questions need elaboration with careful thought plus expression in answering.)

getting married will NOT solve your problem. It WILL make it worse. The consulate officer will want more proof of evidence verified by the USCIS. Get as much as you can, phone calls, chat logs, photos, etc. Then at the next interview PLAN ON BEING THERE. Some countries are hard. But more and more consulates are denying visas when the US Spenser for the fiance is not present. Beat of luck....
gretchen_darrenMalePhilippines2011-04-30 20:54:00
K-1 Fiance(e) Visa Process & ProceduresShould i wait or get marry instead.
find another lawyer. You are in between a rock and a hard place. If the k1 visa ends up denied, there will be problems on getting an i-130 approved. You need to know the reason, what caused it, and what additional evidence is needed to re-affirm the petition. you will have 30 to 60 days to answer the letter. The consulate refused for some reason. Something said, done, or in the paperwork they did not like. Also, after the reaffirmation and going back to the consulate they could place the thing in AP. In filing an i-130, you will go through the same service center, the same division in the service center, and through the same consulate office, and possible officer. Getting married places you in a tougher spot then when you are now. The big thing is answering the first i-129 and why it was pulled. the consulate may have seen it, or it was mentioned during the interview. Also, there may have been too much information given during questioning, or not enough information given. Or some questions were just not answered right to the satisfaction of the consulate officer. Generally, denial is a red flag. You need to look at why, also the consular officer may have denied due to potential undertones of dislike for the US or other governments during the interview. 221g the consulate officer has to have no specific evidence, but only request additional evidence on an item. Best of luck on whatever you do....
gretchen_darrenMalePhilippines2011-04-30 18:55:00
K-1 Fiance(e) Visa Process & Procedurescsc inquiry
been looking at what extreme emergent situation means or humanitarian aid means. Neither are defined in the US code. there is no provision for an expedite based on a state of emergency in the area. Extreme emergent situation is for local family in serious healthcare issues here, or the fiance having serious health issues. Humanitarian aid is defined as issues such as Japan or Haiti. (Issues of natural/man-made disasters affecting the area.)
Military expedite due to needs of orders. the others are harder to get for a finance or spouse visa unless you work for the government or work with or a part of a non-profit.

the proposed definitions I am working on:

"Extreme emergent situations" term means an immediate and serious threat to personal, immediate family, or public health, welfare or safety such as may arise by reason of natural disasters, epidemics, riots, terrorist incidents, equipment failures or other similar circumstances to include the local US embassy in the region recognizing state of emergencies or declared state of emergencies by the country regarding the region where the immigrant resides.

"Humanitarian situations" term means where food, clean water, medical care is a problem such as natural/man-made disasters, to also include locations where US Aid is providing humanitarian aid or US Aid recognizes health, economic, or conflict areas as a current situation in the region.

(not defined, but seems to be "Extreme emergent situation":

"Medical situation" term means a health concern or situation with either the immigrant, petitioner, or petitioner's family where the immigrant, petitioner or immediate family member is either in need of health care or at serious risk, this can be but not limited to: pregnancy, cancer, leukemia, organ failure or transplant, serious accident, or other long term care needs. This may also include causing financial hardship due to medical care or affect the petitioner's ability for gainful employment.

Thoughts?
gretchen_darrenMalePhilippines2011-05-03 02:59:00
K-1 Fiance(e) Visa Process & Procedurescsc inquiry
thanks for the advice on passport, cenomar and such. We got her passport back in January BEFORE, I even visited her. Wanted to make sure there would be no problems. She has here first round of shots done. there are two more months of shots to go. The NBI, police report, and cenomar will have to be redone in June/July. But she has her birth certificate, passport, and mail id. When we get approval, the medical/interview will be fast. I will just have to schedule my trip to see her. I am flying both her and her parents to manila. they have never flown on a plane nor been to manila (as far as I know, never been on the ferry either.) I can't wait to take them to TGI Friday's or Japanese teppan-yaki in Manila.
gretchen_darrenMalePhilippines2011-04-30 16:39:00
K-1 Fiance(e) Visa Process & Procedurescsc inquiry
vaccinations: http://en.wikipedia....nation_schedule

Also in high risk areas such as the Philippines, you can get TB shot as well. This shot is about 80% to 90% effective.

As for giving up. No I will not. I got shuffled to the side several times. Read up the legal wording of things. I am still trying to find the legal definitions for the reasons for expedite. Everyone here has been saying reform, reform. As for me, I went looked up the code, looked up the reasons. I have exhausted all but one effort in order to get an expedite. The one left is writing the secretary of Homeland security over the USCIS. I have studied. I know the process as defined in the code. the code actually says it MUST be processed within 180 days with the exception of employee visas.
gretchen_darrenMalePhilippines2011-04-30 13:45:00
K-1 Fiance(e) Visa Process & Procedurescsc inquiry
I am actually writing the amendments to the code. Not just suggesting the idea. I am writing the code. It will go through revisions, but i am going to write it.
gretchen_darrenMalePhilippines2011-04-29 22:32:00
K-1 Fiance(e) Visa Process & Procedurescsc inquiry
the k-1 code:
TITLE 8--ALIENS AND NATIONALITY

CHAPTER 12--IMMIGRATION AND NATIONALITY

SUBCHAPTER II--IMMIGRATION

Part II--Admission Qualifications for Aliens; Travel Control of Citizens
and Aliens


Sec. 1184. Admission of nonimmigrants

section (d)

http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc8.wais&start=1276764&SIZE=141191&TYPE=TEXT
gretchen_darrenMalePhilippines2011-04-29 21:03:00
K-1 Fiance(e) Visa Process & Procedurescsc inquiry
I am glad you significant other rented a place for you in Cebu. My finance, her whole family and relatives live in the village area. Nothing is safer for her then to stay with her family. I send them money to help out as needed, get her shots, and be ready. Such as it is. the senator's office called me today. The CSC is sticking to the original decision. Nothing has changed. We talked for a while on it and the decision. I told the office I really expected no change. I really did not expect them to bend. Then I asked how to change it legislatively. He said draw up an idea. a bill, a way to reform. I told him I am here to stay to fix the issue. I have learned a lot, and the more I learn, the more I wonder why the legislation which was written for families has been ignored, in favor of those coming to work. The legislation was for families first. He said, it all starts with just one person. You may be that person. So over the next couple of weeks, I am going to do much, much research. Draw up the plan and submit to my Senator. Then ask each person here to write this senator as well, plus their senators. I will contact each and every senator and member of the house of representatives.
gretchen_darrenMalePhilippines2011-04-29 19:57:00
K-1 Fiance(e) Visa Process & Procedurescsc inquiry
Senator..(...personal information omitted...) I wish to thank you in advance for your help and assistance in the matter of my I-129F visa application. I feel extremely honored and blessed you (a member of the “Gang of 12”) are looking into my case.
My case is as such: My fiancé and I met online December 23, 2010. We discovered she had relatives in town, which I went to meet and learn more about each other. My fiancé and I talked daily for hours at a time through meeting her family here, and talking to her daily. My fiancé and I became very close. I ended up planning a trip to her village right after New Year’s Day. At that time, I did not know how dangerous the southern region of the Philippines was. I found out how dangerous the regions was when I arrived there being asked if I wished for military escort during my stay at the airport. Plus the hotel advised me not to be on the streets after dark, or stray away from the village of my fiancé I was visiting after dark. (I was advised to sleep in the village and not attempt to come back to the hotel until daylight.) When I came back, I found the US Embassy had travel restrictions on Embassy employees to the area.
On February 24, 2011, I filed my case with an expedite cover letter via Fedex overnight with the fee paid in Money Order from Fry’s grocery store. On February 25, 2011 it was received at the Dallas lockbox. March 3, 2011, the application was received at the California Service Center (CSC) and placed under initial review. I requested an expedite based on the US Embassy recognizing the Philippine government declaring a state of emergency in the Mindanao region of the Philippines citing several rebel and terrorist activities which prove extreme emergent reasons. I also cited humanitarian needs based on the quality of life at the village. Also citing I am presently paying for her vaccinations and providing support to the family while waiting for her to enter the United States. Plus pointing out the quality of health there is extremely poor. The United States gives aid to many regions in the Philippines, however, this area is majorly overlooked. I am trying to help the village, but I am only one person.
March 16, 2011, I called the National Service Center (NSC) regarding the case. The person answering the phone asked why I was not in contact with the local Phoenix USCIS office. Then said person proceeded to tell me to contact the local Phoenix office. I requested to place a verbal expedite on the application, which was taken half-heartedly. I stated there was evidence in my application for the expedite request. No evidence was requested to be faxed or mailed in. March 17, 2011, I received a rejection notice without any consideration apart from verbal information given. The application was not even touched for reference according to the USCIS website. On April 6, 2011, I made an appointment with the local Phoenix USCIS office following up the advice on the phone. The appointment was April 15, 2011 . The appointment lasted 5 minutes, with being told by counter 7 there was nothing they could do, and to place a call to the NSC filing a “service request” on status. On April 18, 2011, I called the NCS to file a service request. I was denied placing a service request on the application since it was still under the allowable “processing time” even though I was inquiring about the expedite. The person on the phone stated, “if the expedite is not approved, there is no rejection letter sent. The adjudicator determines allowable expedite reasoning. I asked if the supervisor reviews the rejects or a director, (this is quoting the portion of exhibit “h” where the CSC states clearly ALL rejects are reviewed by a supervisor.) I was told if the adjudicator determines there is no reason for expedite, the application is left to process normally. There is no rejection letter given.
Some other things I have found out:
1) I-129F/I-130 (fiancé/spousal visa), according to the McCarran–Walter Act (Act of 1952)/ Immigration and Nationality Services Act of 1965 (Hart-Celler Act, INS, Act of 1965) as amended, was to be treated more preferentially than any other application.
2) There were reform Acts to protect and keep from abuse the spousal visa process but it is only addressing 1% (5,000 or less applications) of 350,000 to 500,000 applications a month.
3) 95% of fiancé/spousal visas are issued. However, the USCIS is vastly behind in processing I-129F applications. CSC is 5 months behind, while the Vermont Service Center and Texas Service Center are more than 6 months behind. See charts attached.
4) There were several reforms plus amendments to McCarran–Walter Act to provide tighter screening but not to extend preferential treatment to worker visas over fiancé/spousal visas. The INS and DHS has been allowed to determine processing time when original congress intent in 1952 McCarran–Walter Act and subsequent amendments was to unite immediate family members quickly.
5) The i-129F visas represent only 1% of the monthly applications at the center and take on average 5 months or more to process, while regular I-129 visas (about 10% of the monthly volume) take less than 8 weeks to process (exhibit “I” through “k”)
6) The USCIS is self funded through visa application fees, yet has chosen to lay off workers or re-assign workers based on DHS Director approvals focusing on I-129 visas, and not K1/K2/K3/k4) visas. The layoffs were claimed to budget issues waiting for congressional budget approvals. (exhibit “h”)
7) CSC runs two shifts of 700 employees and 400 contractors.
8) The I-129F and other family forms are in Division III at the CSC. The McCarran–Walter Act as amended never distinguished between I-129, I-129F(k1/k2) and I-130 (k3/k4) spousal visas. The INS, DHS, and USCIS has continually chosen to place preferential treatment on workers and NOT on families.
9) According to the CSC guidelines for 2003, ONLY IF there is a RED DOT on the envelope or application, does the application get expedited.
10) The director at CSC was appointed in August 2010.
11) Family reunification laws try to balance the right of a family to live together, or the right of a person to marry whomever he chooses, with the country's right to control immigration. A sub-case of family reunification is marriage migration, where one spouse immigrates to the country of the other spouse. Marriage migration can take place before marriage, in which case it falls under its own special category, or it can take place after marriage, in which case it falls under family reunification laws.
12) The vast majority of visa fraud is under the I-129 visa area. Many come over to work as managers in companies. By not finding “qualified” candidates locally, the managers can bring in people from their country or other countries to work in their department. There are many companies departments, if you look and surveyed the H1B visa staffing, are partly or completely by non United States residents under the guise of “unable to find local qualified workers”.
13) Te K3 visa was meant to be a fast process. The K3 visa takes a longer time then the K1 visa process. Currently, it takes about 222 days to get a fiance or spouse to rejoin the family. Immediate family (husband/wife/ fiance/children) can take nearly a year from start to finish. While a working visa only takes 8 weeks, and companies can pay extra for expedites. Families are treated “go to back of the bus“, very much like the years in the south before integration. This was not the intent of the McCarran–Walter Act. The McCarran–Walter Act as amended is to re-unite families first. Then the McCarran–Walter Act as amended allowed for workers.
14) Due to my fiance location and country, I am unable to get her a tourist visa while waiting for her I129F to be approved. In fact, the law actually forbids applying for a tourist visa or any other visa while waiting. The embassy also will not allow a visa after realizing a fiancé visa or k3/spousal visa has been applied for. My fiancé and I did not marry in her country due to the I-129F process being faster than the spousal visa process. Plus also knowing the marriage would have made her more of a target for kidnapping and ransom. Some countries have Visa waiver programs, or the embassy recognizes the K1 visa application and allows the person to travel on a tourist visa while waiting. (However, this happens is mainly in industrialized countries applying for the Visa Waiver program)

Can a bill be introduced and passed mandating immediate family (fiancé/spouse/children) be given all expedite treatment and be processed no later than 4 weeks with a maximum of 8 weeks, or a provision stating after the NOA1 is issued, the finance may travel on a tourist visa to the country while waiting on final approval?
Again, I thank you for your time in this matter. I hope you can help me in my case at the CSC to be expedited. But not only asking for me, if I have to wait I will wait. But I am also asking for help to fix the process for other families who are waiting on their loved ones to rejoin them. Please let me know your response in this matter. I am not only asking for help for me, but help in how to reform the system further then has been already done.
Sincerely,
gretchen_darrenMalePhilippines2011-04-28 22:15:00
K-1 Fiance(e) Visa Process & Procedurescsc inquiry
I was surprised when the senator's office sent me a letter to call them. Then after talking with them, they agreed to do a senator inquiry, compel them to answer. I was extremely happy the senator heard me. Now the question is how do they respond. The senator's office was extremely happy and pleasantly surprised with everything I gave them. The said the letter was well written and just exactly what they needed. the hard part is the answer.. how do you answer??? I will post the letter.....
gretchen_darrenMalePhilippines2011-04-28 22:11:00
K-1 Fiance(e) Visa Process & Procedurescsc inquiry
I have found out the letter from senator has been received at the CSC and read. So am now waiting to seewhat the answer is. May do nothing, but at least I have tried.
gretchen_darrenMalePhilippines2011-04-28 19:56:00
K-1 Fiance(e) Visa Process & ProceduresPossibility of more than 1 K1 for the same Fiance?
I am not trying to generalize, not make light of how any girl loves. Every girl loves in HER OWN way. And how she was raised. The showing of love is different. Filipinas go from 13 to 30 when they get engaged. I am not trying to generalize. I have just dated many different types of girls and know many girls. Each girl is different. However, their country heritage, and their upbringing make a difference. Filipinos and Filipinas express much with their faces without saying anything. A city girl and a provincial girl are VASTLY different because many city girls can eat with a knife, plus are more mature. A city girl follows old traditions, but will not be tolerant of things as a provincial girl would be. A city girl will express her displeasure. (A provincial girl will express it facially, but not say anything.) A provincial girl is raised in the old traditions and very, very, very rarely as those traditions broken. those traditions are vastly adhered to. A Father's blessing is important to her. She will not date you without it. And in lack of a father, the elder clan leader will decide. Girls in the province are treated like 13 year olds until married. when engaged they go from 13 to 30 in a heartbeat. when you are engaged to a provincial girl, she becomes your responsibility at that point. the father expects you to take care of her, plus in turn care for her parents and family while she is still living at home. in provincial areas. the dad rules the house. No questions asked. No one dissents from the dad. As long as the girl lives in the house with her dad, you give your assent and follow the dad as well. You as an outsider, can break rank, but do it carefully with great consideration for the anger which will be vented at your fiance. the girl is expected to do certain things and perform certain tasks, especially in front of her family. If you do not allow her to perform these tasks the family questions the relationship. She is doing certain things because she is expected to, the hard part is letting her do those things. I am not trying to generalize. He is dating a girl from the Mindanao region. I am also engaged to a girl in the Mindanao region, plus I know several, several girls from the Mindanao region.

the problem is NOT the girl. Yes, she will miss home. She will miss her friends. BUT she will NOT WANT to go back. She wants to be his wife. This guy HAS to determine if HE is STRONG enough to rule HIS own house. If HE commits to helping her make it here, she will. But if HE is even indecisive, or leaves her alone a lot. SHE WILL want to go back. SHORT of a miracle HE will NOT be allowed back in the village IF she goes back. RIGHT NOW it is TIME for HIm to "do HIS duty or get off the pot". The first 12 months he will: be teaching her how to shop, the value of the dollar, how to get around, helping to make friends, teaching her to drive, possibly going through a car accident, helping her with english, taking her everywhere she wants to go, going shopping. HE will also be made fun offor having such a small girl as a wife. HE should expect name calling here in the US. She will be completely dependent on him, as he is on her there. SHE will ONLY FAIL to adapt, if HE FAILS to recognize HER NEEDS. He is asking for advice and help. the problem is not looking at what is he is posting, but why he is posting it. HE is concerned. HE is worried about her not liking it here. HE wants to know if she does not like it here, if HE can file to bring HER back, or if HER sister can. The one question not asked, do THEY have kids together? DOES SHE have kids, how old are they? Either HE LOVES THIS GIRL COMPLETELY and RULES the house, or leaves her alone. HIS LEVEL of intensity when she comes to the US will DECIDE HER LEVEL of adaptation. SHE HAS CHOSEN to come be with HIM in a new country. TO HER, she is coming to a land of MILK and HONEY.
gretchen_darrenMalePhilippines2011-05-01 14:57:00
K-1 Fiance(e) Visa Process & ProceduresPossibility of more than 1 K1 for the same Fiance?
the biggest phrase is mahal ko, or mahal na mahal kita, or mahal kita. or if you say I love you and she says mahal din kita, also mis din kita. There are many ways to look at things. Going to her dad's funeral is HUGE. the fact you spent 3 months with her is HUGE. Even more impressive is going to a birth. IF you ACTUALLY witnessed the birth, you are CONSIDERED part of the family. You may even partly be considered a leader of the family. If the men seek and come to you with questions, or consult you on matters. You are a clan leader. Not marrying the girl WILL SHAME her as well as bring shame to the family clan. If you and her slept in the same house together in the same bed, YOU ARE ENGAGED. She is ready to marry you. the family has accepted you. She will go where you go. Your friends and family WILL BE her friends and family. I know the mindanao area very will. I have spent time in Butuan and gingoog city and the in teh villages around there. One of the villages there has many, many people from the village here in Phoenix. A best friend of my fiance's dad actually lives here in phoenix. Another way to tell is does she call you gwapo, nyobo, ang aking soulmate, miss ko ang aking asawa, masakit ang sikmura ko (stomach has pain from missing you), did she take napkins and wipe sweat from your brow and face, did she unfasten and fasten your shoes, did she comb your hair, wash your clothes, help you get dressed or undressed, did she give you massages, did she let you wash or brush her hair, did she always want to hold your hand, were you ever left alone, did she leave you alone with her fmaily, filipinas love very very very intensely. telling me she is a provincial girl, I can tell exactly what to look for and know. I am engaged to a provincial girl myself and many of my filipina friends are provincial girls. She will follow your lead. In provincial areas, it is very traditional, nearly the same as the "family" here in America. Men rile, women follow. Their showing of live is being a servant to their husband and having many kids. the more kids, the more they show how much they love their husband. In her heart, in her village, in her family, she may be already married to you. She will have not one problem here. going back to the village unmarried after coming to America will be a shame on her. Are you willing enough to love her as deep as she loves you? She will give you your freedom, but the more you do together, the more you make her a complete part of your life, the more you will be loved by her. She WANTS to marry you if you spent 3 months in her village and attended her dad's funeral but she WILL NOT force you to. Her way of forcing you is to love you with a servant's heart and pray to God each day. If you need someone to talk with, please contact me.
gretchen_darrenMalePhilippines2011-04-30 23:07:00
K-1 Fiance(e) Visa Process & ProceduresPossibility of more than 1 K1 for the same Fiance?
The k-1 is meant for fiance... you file a letter of intent to marry. You can always file and ask for an extension to marry under the k-1 once arriving. Getting a third k-1 is hard. Please also note Philippines does NOT have divorce. Many Filipinos and Filipinas will ONLY marry in the Philippines for love. Also, because of the no divorce ruling in the Philippines, they consider marriage to be forever. it is a lifelong commitment through better and worse. what i see in your post is your concern for you. You need to look at yourself. Please note her sister has to have a co-sponser for immigration if she does not meet the guidelines for income. the fact her sister has not brought her over is bothering. You need to ask why her sister has not yet sponsored her. Also, how close do you live to her sister and family. the closer to family you live here in the states, the better things will go. I suggest finding a Filipino community in your area if there are no family members or heavily consider moving to where her sister

You have not stated whether she is a city girl or a province girl. this WILL make a difference. A proviince girl can live anywhere. A city girl will have a hard time in the country. Also note, Filipinos are EXTREMELY social by nature. Expect your house to always have people or be going somewhere. Learn romantic tagalog. http://tagaloglang.c...mantic-Tagalog/
There are certain phrases a filipina will use. these phrases are very very very telling of a girl. And if she is uttering certain phrases, She is extremely serious. She will not want to "try it out". If you are already talking marriage, she does NOT want a "try it out" over here. Sit down and examine your heart, examine what she is saying. if she is using the words, mahal, innibig, Mamamatay ako kung wala ka., Hindi kita pababayaan., Ikaw ang lahat sa akin., Gusto kitang makasama habambuhay., Palagi kitang iniisip.Gusto kitang makasama.Hihintayin kita.Ikaw ang lahat sa akin, Gusto kitang pakasalan..... things like this, she3 is extremely extremely serious. If her heart she is married to you. If you have met her parents, her father mainly, and he has blessed you dating. you only have two choices. she is waiting until you are ready to marry, but she will not wait forever. Filipinos are also people of action. What they say, they will do. do not say it if you do not plan on doing it.

If her father accepts you and blesses you to date his daughter, It is time to get off the pot cutting bait. It is time to fish and get the work done. Be a man and decide. She wants you to be THE MAN.
gretchen_darrenMalePhilippines2011-04-30 21:32:00
K-1 Fiance(e) Visa Process & ProceduresColor Ink?

Your question is not really silly do I use black or blue ink to fill-out documents. We think, it's ink! thats OK. I read the above comments and in the future suggest a ( Fine) Black ball point pen. I don't think its a really big deal but documents are scanned and blue will look LIGHT on a document. Documents are black and white and blue is a off color to the scanned Document.
So, your question is not silly but I suggest using A fine black ink pen in the future.
(If my Attourney filled-out a Form in Blue ink I would have said: What are you doing?) Get the hint. Good Luck
You look like a wonderful Couple.



Thank you so much for the compliment. When Aley sent me the docs from Bolivia, I just told her to use black ink as this is the standard for legal documents.

p.s. I just got back from the USPS where I mailed in the I-129f Application. I sent it overnight. I am so excited for this whole thing to be done and finally have her in my arms. Skype is getting really old, but I am glad we have this technology.

Brian
BraleyMaleBolivia2011-05-04 13:27:00
K-1 Fiance(e) Visa Process & ProceduresColor Ink?
Thank you everyone for your replies. I just saw them. I am used to receiving an email notifying me of new comments, but nothing this time. LOL! That is what I get for relying on technology. :bonk:
BraleyMaleBolivia2011-04-28 21:37:00
K-1 Fiance(e) Visa Process & ProceduresColor Ink?
I know this may be a silly question, but Aley is getting ready to send the Intent, G-325a, and a few other docs over from Bolivia. Should she sign these in blue or black ink?

Thank you,
Brian
BraleyMaleBolivia2011-04-19 23:41:00
K-1 Fiance(e) Visa Process & ProceduresVWP and K1 Visa?

Thanks everyone. I'll be going through with the K1 Visa process. It seems simple and straight forward, less hassle/risk, etc. The money is worth it. I think after this first visit (may-august), there will probably be one more and that will be the one where we get married, hopefully if the K1 visa is approved. I looked over all the documents and it looks like I have everything. Once she gets here, I should be able to mail everything out the next week!

Oh, if anyone was wondering I am adopted, naturalized when I was four and now I'm a NCO in the US Air Force.


Well, having gone through the K-1 visa process and then the adjustment of status, I would differ with you on the opinion that the K-1 visa process is simpler, more straight forward and less hassle than the other options. The only positive thing that I can say about it (in comparison to the other visas) is that it was faster from the time we decided to marry to being together, and that I didn't have to be separated from my husband after marriage. Because the K-1 process is a two step process (visa and AOS) as opposed to a one step process (CR-1 visa results in permanent residence upon entry), it is quite a bit more complicated.

Anyway, for us (and probably you, if I understand correctly) it was most important to be together in the US ASAP and starting our life.
Nik+HeatherFemaleUnited Kingdom2010-05-25 14:24:00
K-1 Fiance(e) Visa Process & ProceduresVWP and K1 Visa?
The K-1 visa is just under $2k just in fees alone to get from petition to AOS. This doesn't include vaccinations, postage, air fare, fees for other documents (birth certs, passports, marriage certificates...) Civil Surgeon extortion...etc.

Nik visited while the K-1 visa was pending. Actually, showing the receipt notice got him through secondary questioning - it showed we were already pursuing the correct path. Check out the FAQ on visiting while in the process.

www.visajourney.com/content/k1visit

If you're worried about costs or working immediately after entry, maybe there is a better visa choice for you. Check out this page: http://www.visajourn...content/compare

Edited by Nik+Heather, 25 May 2010 - 10:50 AM.

Nik+HeatherFemaleUnited Kingdom2010-05-25 10:48:00
K-1 Fiance(e) Visa Process & ProceduresPlease help - very confused.
Well, that online update thing is annoying and confusing. Unfortunately, I think part of the problem is that they don't get to pick what they put on there, and have a finite list of choices for the update, and can't tailor it to every situation.

Did they actually cash the check for that payment invoice you received (this is strange, usually they send back the whole thing if the payment is wrong somehow)? Can your fiance see the canceled check? Does it appear to have markings which make sense? (right name of payee on the back, case number which is similar - not always exact)

Try to get the next call elevated to a supervisor. If the call does not end satisfactorily, then I would try to schedule an infopass. The petitioner can do that here: http://infopass.uscis.gov/

I hope things get sorted out for you soon, and this is the only bump in your immigration road!
Nik+HeatherFemaleUnited Kingdom2010-05-27 10:42:00
K-1 Fiance(e) Visa Process & ProceduresSetting a marriage date
Hi Asila!

We selected a conservative wedding date 9 months from our filing date based on the timelines here, before the NOA2 even! I know it isn't recommended, and you need to seriously consider the "backup plan" if the visa stuff doesn't work out, and make sure that all of your plans can be flexible until your timeline gets firmed up. It can be quite a juggling act for those of us who want to have our legal marriage at the same time as our ceremony where all of our friends and family can be around us, but I believe it can be done by a conscientious person.

It worked out really well for us. I had 4 extra months of planning during the visa process, and we still had 4 months for people to make travel plans to attend our big day. The down side to this was that we had the visa in hand, but he didn't arrive for many many weeks after he could - from an immigration standpoint. Others have set a date, but picked too close, and didn't adjust things when their visa wasn't going through in time. If you set your date, you NEED to be able to move it in case there are delays, because if you can't and things get slowed down, there will be tears, and not much (if any) sympathy on Visa Journey.

So, what I did while looking at venues and vendors etc, was as I was going to visit them to discuss all of the options and prices, I let them know about our situation and the uncertainty of the visa process, and asked them how a possible RESCHEDULE would work if we needed to, and how soon we would need to let them know in order to avoid loss of our down payment etc. I found that all of the contracts did have a reschedule option at least 30 - 60 days I put those dates on my calendar, and if we didn't have the visa at that time, I would have made sure to reassess our plans. Aside from that, since all of our family lives out of the state where we were getting married, 60 days was too soon to not have the visa and be letting people spend money on air fare. Luckily we never had to make those decisions, but I believe that was because we made the initial date selection wisely.

If you're uncomfortable putting money down because you might risk loosing it, then there are many other things that you can do which are not time dependent. Finding a dress, getting the paper things put together (except for printing), picking out colors, flowers, etc. You can get everything lined up but just hold off on the vendor contracts until after you feel comfortable so that all of the time consuming planning is complete, trying to plan in the limited months allowed by the visa is not so burdensome.

I hope that wasn't too long/dense. All the best!!


Edit: I forgot about the affidavit of support question! London will let you make arguments about "current income" Send a letter with your I-134 explaining your new financial situation and/or make sure your fiance is informed so he can speak about it at the interview.

Also, I meant to ask: is your fiance from the UK, or did he immigrate there or is he there on a student (or other semi-long term) visa? If anything but a born-in-the-UK citizen, your process may slow down unexpectedly after the interview, that's why I ask.

Edited by Nik+Heather, 27 May 2010 - 11:36 AM.

Nik+HeatherFemaleUnited Kingdom2010-05-27 11:34:00
K-1 Fiance(e) Visa Process & Proceduresok, one more FEE question
Since the question about the timing of AOS filing was asked with the implication that they are trying to organize a savings plan in order to have the money on hand "on time", They should aim to have the AOS fees ($1010 for fiancee + any kids over 14, $600 EACH for the kids under 14) saved before the expiration of the I-94, which is 90 days after entry into the US. Income from the fiancee while in the US should not be included in the calculations.

This is in my opinion the most prudent way to PLAN your visa journey. PLANNING to file AOS months and months after the I-94 expires is just not smart. So many things can go wrong. What if while waiting, the petitioner is not willing or not able to sponsor AOS? Also, I wouldn't want to put my spouse in a position where it could be a huge hassle if there were any tangles with law enforcement.
Nik+HeatherFemaleUnited Kingdom2010-06-01 14:59:00
K-1 Fiance(e) Visa Process & ProceduresConcern about a previous overstay

Vanessa&Tony...
Being that the OP overstayed her visa, wouldn't that constitute a mandatory 3 year ban? THE OP stated she overstayed last year so (and I may be wrong) wouldn't that preclude her from K-1 for an additional 2 years from now?

Alan


No, there is a grace period of 180 days. If you over stay 0-180 days, no ban, if you overstay 180-360 days, 3 year ban, 360+ days, longer ban (Not remembering right now if it is 5 or 10 year).
Nik+HeatherFemaleUnited Kingdom2010-02-07 21:07:00
K-1 Fiance(e) Visa Process & ProceduresNot Able to Pay for Visa Appt App in Advance -- Now What???

Here is another item that has come up since the fee increase. There is conflicting information on the Kiev website about how to pay this new fee. It appears that Pro Credit Bank will only accept $130 - $140 dollars and the remainder must be paid at the consulate. It also states on the State Dept website that the entire fee should be paid at the consulate. Does anyone know what's up with this?


I think this question is probably worthy of having it's own thread, or it may have already been answered in the Russia Ukraine and Belarus forums...you'll probably get more answers that way. I don't know the answer my self.

Edited by Nik+Heather, 13 June 2010 - 09:04 AM.

Nik+HeatherFemaleUnited Kingdom2010-06-13 09:03:00
K-1 Fiance(e) Visa Process & ProceduresJFK entry, looking for EAD

Sure... contact the school to see what tuition rates (probably not resident rates) you will pay as well as other admission requirements


Some states give you resident tuition for being married to someone who meets the residency requirements (at least AZ State did when I checked).
Nik+HeatherFemaleUnited Kingdom2010-06-21 09:41:00
K-1 Fiance(e) Visa Process & Proceduresjust a question about proof of meeting and
I totally get the desire to have you family around you when you get married - we wanted that too! My mother would have never forgiven me if I'd just gotten married without telling her or trying to make it so she could attend. It's part of the reason why we waited a further 4 months after getting the visa for Nik to come over here for the wedding - time to plan, time for things to go wrong, etc.

Anyway, K-1 you have to get married in the US, and tickets from the UK are probably cheap(er) just now for people to be able to join you for your next trip. ;) Whether they come for a wedding in Oct or next year, they'd have to fly to the US to see it. :D


The K-1 is somewhat faster because you can start the paperwork before getting married - just as soon as you get engaged, really, where as the CR-1, you have to wait until after you get married to get the process started. I would venture to say that nowadays there's enough scatter in the data that some short CR-1 cases get completed before some long K-1s do. Anyway, if you feel like you're waffling at all, take a look at the visa comparison chart... http://www.visajourn...content/compare

Also, many immigration marriages are a bit less conventional, and heavier on the legal side (court house weddings, weekend in Vegas, etc). From an immigration perspective, it wouldn't look at all strange, believe me! If you can stand it (we couldn't, so no worries), you could get legally married for the immigration stuff, and then once that's all settled, you can have a big ceremony - some people like to celebrate their first anniversary that way.

Edited by Nik+Heather, 22 June 2010 - 03:57 PM.

Nik+HeatherFemaleUnited Kingdom2010-06-22 15:54:00
K-1 Fiance(e) Visa Process & Proceduresjust a question about proof of meeting and

by golly it's an expensive thing to pay for :(


It is expensive!

I don't think you need to wait until you see each other again. For London, you have enough evidence of relationship already. So, if he were to get a job tomorrow.....Anyway, I don't want to seem pushy, just hate for you to spend all those extra months apart when it's probably not at all necessary.

If finances are a concern, and you're going to wait to see him anyway, have you thought about getting married on the October trip and then filing for a CR-1 visa instead? It's a much cheaper path to the green card, and you could start working right away when you got to the US to stay permanently.
Nik+HeatherFemaleUnited Kingdom2010-06-22 10:11:00
K-1 Fiance(e) Visa Process & Proceduresjust a question about proof of meeting and
Yes, you can scan/email print out all of that EXCEPT the forms requiring original signatures. I guess if you are waiting (WHY?! isn't the process long enough? :() until your visit in October you can sign without needing to mail things.

You can get your LONG form birth certificate at any time - the information doesn't change, so it doesn't matter if you have the one from when you were born or a new certified copy the day before you need to show it.

Wait for the police certificate, they are only good for 1 year (and the form itself SAYS it expires sooner). A good timing to order that would be about when you get NOA2.

As for finding a professional to sign the back of the picture for that - does it need to be dated? I guess the easiest plan might be to get one made and signed now while you are around people you know, and if you can find someone to sign it closer to when you apply for the acpo thing then just use the new one. If not, try the old one. And, if it's all gone to hell and gets rejected, you'll just have to make a trip back home.
Nik+HeatherFemaleUnited Kingdom2010-06-21 15:38:00
K-1 Fiance(e) Visa Process & ProceduresSOS! Need G-325A Help ASAP
Well, you posted in the adjustment of status forum, for family based visas. If she was issued a K visa, then she has an A-number. it will be on the petition approval letter (NOA-2) right by her name.

If this is your first filing, such as adjusting from a tourist visa, or you meant to post in the petition preparation forum, then it's true, she wont' have one. If she's a student or on some other longer-term visa, I think she may have an A-number already. Tell us what the visa is - must be some working visa to have tax identification number???
Nik+HeatherFemaleUnited Kingdom2010-06-23 10:34:00
K-1 Fiance(e) Visa Process & ProceduresWorking outside the country..
I agree with Darnell, there are ways to slow things down, a year is a long stretch, but possible. Keep in contact with the embassy so they don't think that you have abandoned your case. If you put her address in Japan ( you should have since she is working and living there) it will go through Japan. You may want to look for other members who have gone through that embassy and get some tips from them about the best way to contact, or how others have delayed their visa issuance. I'd start looking in the regional forums. This would be the easiest way to keep from wasting the money spent on the petition.


Depending on your situation, maybe you don't want to wait another year to get married...you could push through with the K-1, go to the US, get married, (tour, visit family etc) leave, and then in another 9 months or so start the process for a spousal visa. These go much faster for direct consular filing, which is what you do when you're both living outside the US together. Or since you haven't paid that expensive $350 visa fee yet, write off the $455 petition fee, get married in Japan and go DCF closer to your expected departure date. DCF is, unfortunately, only for married couples.

Edited by Nik+Heather, 01 July 2010 - 10:31 AM.

Nik+HeatherFemaleUnited Kingdom2010-07-01 10:30:00
K-1 Fiance(e) Visa Process & ProceduresRFE or NOA2 w/o electronic update?
Yep that happened to us. I haven't checked in a couple months, but even long after the petition was approved, visa applied for and issued, POE, wedding, AOS application and approval and green card receipt......our online status for the K-1 petition hadn't changed. I don't believe it gives false positives (as in, it doesn't usually say approved when you're not), but it is not a reliable indicator of progress either.

Edited by Nik+Heather, 02 July 2010 - 02:58 PM.

Nik+HeatherFemaleUnited Kingdom2010-07-02 14:57:00
K-1 Fiance(e) Visa Process & ProceduresOverwhelmed

Also, should I censor stuff not so... "PG" rated?


Yes. All of it.

Would you want to read some one else's non-PG chats? (For a JOB - not for fun! :P)

Keep in mind that people who "playfully" refer to each other as husband and wife in chats/emails have been denied a K-1 visa. So, while reading your book of chat logs (totally unncessary, really) make sure you keep an eye out for that.

Edited by Nik+Heather, 07 June 2010 - 03:23 PM.

Nik+HeatherFemaleUnited Kingdom2010-06-07 15:22:00
K-1 Fiance(e) Visa Process & ProceduresOverwhelmed

Fiance was born and raised in Germany, so that's one less thing I need to worry about.

I'll have to talk to my parents about the co-sponsoring (pretty sure they'd help out) and look into it, so I'll keep all this info in mind and this thread bookmarked.

And sorry, but what's AOS?


Also, you guys are wonderful; I'd be totally lost without this forum! Much love.


It's Adjustment of Status (when talking about the K-1 visa) Some other visas it is the Affidavit of Support.

I would encourage you to read through and at least have a good understanding of the entire immigration process. The visa process is just one piece. Knowing what will come later will help you to take your steps now which will ease your way in the future. Contrary to popular misconception, just marrying you isn't enough for him to complete his immigration here. From petition to green card is $2k+ just in fees.
Nik+HeatherFemaleUnited Kingdom2010-05-19 14:53:00
K-1 Fiance(e) Visa Process & ProceduresOverwhelmed
I'm sorry for the double post, but on review, I realized I forgot to address this.

2. I make only 16k a year and have very little in my savings (due to the trip I made to see the fiance.) Will they deny our request because of that? He intends on getting a job as soon as he can, and my parents are giving us about 3k (dollars) while his parents are giving him 10k (euros). But that's not until after things are approved, so I won't be able to prove we have access to that.



It sounds to me like your parents are supportive of your decision, and perhaps they would be willing to co-sponsor your fiance's visa (and probably his AOS as well.) The forms are relatively simple, but the agreement behind the I-864 is a long standing one, and will outlast the marriage if things go sour.

Have a look at the required income (125% of poverty level) here: http://www.uscis.gov...form/i-864p.pdf You can make up for the shortfall of about $2k by having 3x$2k in assets, or approximately $6k (minimum - this is not recommended, try to exceed the minimum if possible). Also, check if Germany allows the immigrant to use assets (not income!) to supplement the affidavit of support, perhaps his savings will push it over the top.

Edited by Nik+Heather, 17 May 2010 - 04:35 PM.

Nik+HeatherFemaleUnited Kingdom2010-05-17 16:31:00
K-1 Fiance(e) Visa Process & ProceduresOverwhelmed
Germany is a VWP country, and like many other VWP countries, they are by definition low-fraud, so your relationship evidence is not likely to be scrutinized very heavily (if at all). The exception I would put on that is if your fiance was not born in Germany (immigrated/only there on student visa) then you'll want to read up on reviews for the country where he is from.

Nik and I chiefly communicated via gmail chat and Skype, and used the Skype logs as proof. More than half of our pictures were as you described, just our faces taken from arm's length with no background. Sometimes we got a 'better' one with a blurry land mark.


Your concerns in 2-4 have to do with the consulate portion of the visa process, and if you want to beef up your evidence, you can work on that between now and then. No need to hold off on sending in the petition and delay your whole process (and his permanent move here!) for these reasons. Absolutely not if the only thing you are missing are more 'interesting' photos! These are secondary evidence, and not at all required for the petition phase of the process. Please be sure that when you are looking for advice regarding how your consulate reviews visas that you seek out consulate specific advice.
Nik+HeatherFemaleUnited Kingdom2010-05-17 16:16:00
K-1 Fiance(e) Visa Process & ProceduresJob problems
Firstly, I want to reassure you that with this economy, you aren't the only couple stuck in this same situation. Why, another UK couple John and Camie had the same thing happen at the same point in their visa process. They managed to get through the visa process and AOS eventually. You will too.

...some proof of the money I'm currently making from this ($300 from Amazon this month for example) to the interview to show I will be earning for myself as soon as I arrive in the States.


This is only acceptable income if it is "passive" income - ie, you don't work for it. If you're selling off a massive collection of valuable books or you're collecting royalties off Amazon or something. If not, then the person who interviews you will likely take the conservative route and tell you that it doesn't count (and that you should discontinue working when you arrive). When consulates are asked about working remotely, the response is usually quite vague: "In general, you are not allowed to work without an Employment Authorization Document"

As soon as you arrive in the States you will not be able to work until after you marry, apply for AOS (and EAD concurrently) AND receive the EAD. That's at least 3 months + the time it takes you to get married and gather the paperwork.

As Boiler's noticed this thread, I'll leave it to him to answer about self sponsoring in London. He had a different experience than I would expect just by reading the forms for the requirements in assets to be eligible to self-sponsor.

I'm a little leery about the idea being tossed around that you try to solve the sponsorship issues differently for the visa compared with AOS. What if you get here and she still can't find a job - then your AOS gets put on hold, you're burning through savings and then you're out of status .... it's a preventable downward spiral.

Edited by Nik+Heather, 24 May 2010 - 01:39 PM.

Nik+HeatherFemaleUnited Kingdom2010-05-24 13:37:00
K-1 Fiance(e) Visa Process & ProceduresIs this normal, or should I call?

Have u checked out Igor's List: http://www.visajourn...filers.php?cfl= Looks like you aren't the only one in April waiting....hopefully you will hear something soon...I know the waiting it rough...but after the NOA2, things seem to happen pretty fast. Best of luck.

Monica :)


I found actually watching the chart at the top of that page was helpful for me. As you can see, past months go up and approach 100%, and they go roughly in order. April still isn't as high as March or even January, so there are probably still other active VJers (in addition to people who forget to update) left waiting with you.
Nik+HeatherFemaleUnited Kingdom2010-07-14 14:30:00
K-1 Fiance(e) Visa Process & ProceduresAOS k-1 SSN problem
Hang on, isn't the SAVE database what gets updated from the information entered at POE (this is why there's all the talk about waiting 2 weeks after POE) could the database be updated by correcting information at a deferred inspection point perhaps? This may be closer than 5 hrs away, and take only a lunch hour...The good news is that the CBP guys actually tend to answer their phone, so hopefully you can not waste too much time.

I think the first thing is to track down the incorrect date of birth - is it right on the visa, and all other documents back from USCIS etc? If it were me, I'd take 15 minutes and carefully examine all papers which might have her DOB and make sure it's right with USCIS. If it is, then an infopass 5 hours away won't do anything for you anyway.


Here is a link to deferred inspection sites:
http://www.cbp.gov/l...ction_sites.pdf

Or, you might try just a regular 'ole Port of Entry:
http://www.cbp.gov/x...tacts/ports/fl/
Nik+HeatherFemaleUnited Kingdom2010-07-20 12:47:00