ForumTitleContentMemberSexCountryDate/Time
K-3 Spouse Visa Process & ProceduresPlease help
I would recommend sending a PM to MissLiss. She is very familiar with this situation.
ChristinaMFemaleEngland2006-02-28 12:23:00
K-3 Spouse Visa Process & ProceduresTax Filing/B2 Visa/Sponsor below poverty line
Really Yodrak, that's interesting. Someone was posting about a letter of invitation for someone applying for a B2 recently which was shot down as an idea, and I had assumed that an offer of financial support would be taken in the same way.
ChristinaMFemaleEngland2006-02-28 19:18:00
K-3 Spouse Visa Process & ProceduresTax Filing/B2 Visa/Sponsor below poverty line
I don't believe that sponsoring someone for a visitors visa is possible - they are required to have significant ties to their home country and these can be financial, but I don't believe that one has to show monetary assets in order to get a B2.
ChristinaMFemaleEngland2006-02-28 16:41:00
K-3 Spouse Visa Process & ProceduresI-360
Do you mean it was a couple of days before your AOS interview? Your profile still says that you're a K1, I'm assuming K1 adjusting...

If you married in good faith and with the situation you find yourself in, I would think you should be eligible to adjust under the VAWA. Although it's the "Violence Against Women Act", spouses of either gender can use it.

As far as the removal proceedings, I don't know. You require legal assistance if you wish to remain in the US, and I am glad you have secured a lawyer.

I'm sorry that this has happened to you, I wish you luck in sorting it out.

:star:

Edited by clmarsh, 28 February 2006 - 04:47 PM.

ChristinaMFemaleEngland2006-02-28 16:46:00
K-3 Spouse Visa Process & ProceduresCan my aussie spouse be in the US on a visa waiver while I begin applying for a K-3?
DCF through Oz is something quite special, I believe, and the benefits on entry FAR outweigh (in my opinion) the relatively short time apart. To be able to enter on a CR1 and be able to work immediately, travel, all the good stuff is an enormous benefit.
ChristinaMFemaleEngland2006-03-13 10:47:00
K-3 Spouse Visa Process & ProceduresCan my aussie spouse be in the US on a visa waiver while I begin applying for a K-3?
I married on the VWP, and if you wish to travel and work immediately I'd advise sitting out the DCF process :)
ChristinaMFemaleEngland2006-03-12 23:48:00
K-3 Spouse Visa Process & ProceduresCan my aussie spouse be in the US on a visa waiver while I begin applying for a K-3?
You may be able to investigate the DCF option instead, allowing your hubby to enter with a CR1 visa and conditional status right away. Check out the DCF forum and FAQ also!

:star:
ChristinaMFemaleEngland2006-03-11 20:43:00
K-3 Spouse Visa Process & ProceduresOur daughter needs her daddy...Help
He should not come back in on the VWP and file the I-485. If he comes in with the intent to do that, it's immigration fraud. You cannot do DCF from London unless you (the USC) are normally resident there. Your best option is the K3.

With an immigrant petition in the works, he runs the risk of being denied entry on the VWP. Some will say that risk is large, others small. It's all about yours and his personal risk tolerance. Also, the more often he does it, the higher that risk gets. Your hubby cannot use VWP to "live" in the US; he must spend an appropriate time back in the UK.

Good luck! :star:
ChristinaMFemaleEngland2006-03-13 23:15:00
K-3 Spouse Visa Process & Procedureshelp advice on becoming a student
In order to get a student visa one has to show considerable assets and an ability to pay for the entirety of the course, as I recall. That's a higher burden than making 125% of the poverty level - $16,500pa assuming that it will be only yourself and your wife-to-be.

How far short of the poverty level does your fiancees income fall? Is it something she could make up with a second job? Is it something which you have assets to cover?

125 percent of 2006 poverty guideline (family of four) $25,000
Sponsor's income $19,500

Difference $5,500

Multiply by 5
Minimum Required Cash Value of Assets $27,500

http://uscis.gov/gra...upp.htm#poverty

# The student must have sufficient funds available for self-support during the entire proposed course of study; and
# The student must maintain a residence abroad which he/she has no intention of giving up.

http://uscis.gov/gra...s/StudVisas.htm

A student visa is not a cheap way round your problem, Mark, and with the second point above you will have to prove that you do not have immigrant intent - which, of course, you do. You may struggle to get an F1 for those two reasons alone.

:star:

Edited by clmarsh, 17 March 2006 - 01:06 PM.

ChristinaMFemaleEngland2006-03-17 13:05:00
K-3 Spouse Visa Process & ProceduresMarriage to USC while on vacation in USA
Scroll, that's not true. Provided she has not overstayed the VWP, she can use it to reenter whilst her papers are pending. There is, however, a higher-than-usual possibility that she will be heavily questioned at the POE, and possibly denied entry due to having immigrant intent. People have had mixed experiences.
ChristinaMFemaleEngland2006-03-28 19:49:00
K-3 Spouse Visa Process & ProceduresMarriage to USC while on vacation in USA
If said Spanish citizen did not intend to immigrate on entry to the US, they can file for an adjustment of status here in the US. I-130, I-485, all the usual stuff that goes with it.

If they were previously engaged and she had plans to stay in the US beyond the 90-day VWP, she should go home and file K3. She can remain the length of her I-94, but should not overstay.

The only thing a pregnancy will affect is the medical.

:star:
ChristinaMFemaleEngland2006-03-28 19:20:00
K-3 Spouse Visa Process & Proceduresvisiting US while waiting for K3
Yes - in theory.

Because she has a spouse in the US and an immigrant petition underway, she is likely to get grilled at the point of entry and possibly refused admission based on them believing she has immigrant intent at that time.

People have had mixed experiences. If you're concerned about travelling all that way to have her denied entry, you could try the POE in Dublin, Ireland. It's a shorter trip home if they deny her.

Good luck!

:star:
ChristinaMFemaleEngland2006-03-29 09:09:00
K-3 Spouse Visa Process & Proceduresover stay visa
It would be worth your while having a consultation with a lawyer. I would recommend that he not leave the country for any reason until you have done so.

I think you might be pleasantly surprised if you can get to a lawyer.

:star:
ChristinaMFemaleEngland2006-04-03 21:28:00
K-3 Spouse Visa Process & Procedureslawyer
Neekie, Neekie, Neekie.

Provided that your husband entered legally (ie. didn't sneak across the border) - which we know he did because he had a valid visa - and is otherwise eligible, then there is a procedure to adjust status here in the US.

I would strongly recommend that you talk to a lawyer for an initial consultation, if for nothing else than to set your mind at ease. Even with an overstay of that length of time, assuming that is the only issue then he will still be able to go through the AOS and stay here with you in the US. If your case is a straight-forward overstay, there is no reason why you can't file the forms on your own - you can always go back to a lawyer if you feel you need one in the future.

An alternative to seeing a lawyer is to make an InfoPass appointment at your local district office and ask there. I suspect they will give you the packet of forms required to file for AOS.

Check it out.

:star:
ChristinaMFemaleEngland2006-04-05 09:06:00
K-3 Spouse Visa Process & ProceduresMoving to US n applying for K-3 ??
I did AOS through an I-130 petition stateside and I did not have to have the joint sponsor present, just my primary sponsor (my hubby). It may be different overseas, but I would think that it's just you and your spouse.

Good luck!

:star:
ChristinaMFemaleEngland2006-03-08 07:16:00
K-3 Spouse Visa Process & ProceduresMoving to US n applying for K-3 ??
Yes, answer only what they ask you.

For example, the correct answer to "Do you know the time?" is "Yes" or "No".
ChristinaMFemaleEngland2006-03-02 14:39:00
K-3 Spouse Visa Process & ProceduresMoving to US n applying for K-3 ??
"With intent to reside" is a little vague in this case. Obviously Groomit has intent to reside in the US. The question is whether he intends to enter this time and adjust status, or whether he intends to visit, get a K3 or CR1 and THEN reside. "With intent to remain" might have been better wording.

See what I mean? I understand what you mean, but others might not.

Edited by clmarsh, 02 March 2006 - 01:10 PM.

ChristinaMFemaleEngland2006-03-02 13:08:00
K-3 Spouse Visa Process & ProceduresMoving to US n applying for K-3 ??

As the alien spouse of a US citizen with intent to reside in the US, you cannot legally enter the US on the VWP.

That's not strictly true. You can't enter on the VWP with intent to adjust status during that visit. You can, however, VISIT your spouse.

The CBP officer at the Port of Entry may refuse to admit you to the US.

That is true though, Groomit, and in fact fairly likely.

If you are admitted on the VWP, I would not recommend overstaying. Your best routes are either the CR-1 or the K3, and since I did neither of those I will leave it to those with experience to fill you in more.

Good luck with whatever you decide to do.

:star:
ChristinaMFemaleEngland2006-03-02 12:07:00
K-3 Spouse Visa Process & ProceduresMarried in the US on a visitors visa
There are several of us on here who have adjusted from visitor status; although I did so from the VWP rather than a B2, it is possible. The fact that she has a B2 which it appears she got after they were engaged stands her in good stead, logically, as they felt secure she would return. It is also not illegal to enter the US as a tourist with intent to marry. It is the intent to remain which is the questionable part.

It is possible for her to apply for AOS from here, but it comes down to personal risk tolerance at the end of the day. I suspect that a lawyer will suggest that route, and I also suspect that it would be approved. However, neither I nor anybody else on this site can guarantee that.

Personally, I was not asked at any stage of the AOS process to prove my ties to the UK. But that's my experience.
ChristinaMFemaleEngland2006-05-22 08:07:00
K-3 Spouse Visa Process & ProceduresMarried in the US on a visitors visa
It would be more challenging for her to visit, but not impossible. She would need to provide evidence of ties to Brazil and it would not hurt to bring her immigration paperwork to prove she is doing things correctly.

There is no reason why she cannot stay for the duration of her I-94, but obviously, she should not overstay!

It sounds like AOS from her position would not be risk-free, but I suspect a lawyer would recommend it anyway. It's all up to their personal risk tolerance at this point. Their best bet would be to file for either the K3 or the CR1, but I don't know enough about Brazil to offer anything sensible.

Bring your friend to VJ, Gary!

:star:
ChristinaMFemaleEngland2006-05-22 05:21:00
K-3 Spouse Visa Process & ProceduresK3 and tourist visa

When she got to the interviewm the man was rude to her, condescending, told her that he didnt need to loolk at the evidence that she brought and that she would have to wait for her K-3 visa. Then the worst part, he told Melinda that "There is no room for you in the US".


Think of the satisfaction she will have when she gets her K3 and the US says "Come on in!". What an arsehole.

I have no useful information other than to say that even with a tourist visa, entry to the US is not guaranteed. People still get turned away. You may as well get the K3 going - no need to sit on it longer than necessary.
ChristinaMFemaleEngland2006-08-18 15:20:00
K-3 Spouse Visa Process & Proceduresnewbie , Where to start ? K 3 advise
Welcome to VJ!

These guys are right - you probably don't need a lawyer. However, if you're not comfortable with the process and you don't have the time or energy to do the amount of research others do, then by all means look into it! There's nothing wrong with asking for help though, be it from us or a lawyer.

My advice, for what it's worth, would be to have a read of the guides and if you're still not sure or comfortable, find a lawyer that will offer you a free (or low charge) consulatation. Just remember that they want your business, so listen carefully to what they say! I don't have the name of a lawyer to recommend to you, but I wish you luck in your new journey.

:star:
ChristinaMFemaleEngland2006-09-12 11:58:00
K-3 Spouse Visa Process & ProceduresScrewed up big time
Holy cow. Truly, wonderfully, nonsensically insane.

Best laugh I've had for weeks.

:star:
ChristinaMFemaleEngland2006-12-14 14:48:00
US Citizenship General DiscussionLPR wants to get married outside the US...
Izy, your initial plan sounds very sensible and realistic.

Good luck!

:star:
ChristinaMFemaleEngland2006-03-04 21:17:00
US Citizenship General DiscussionStateless Estonian US Resident
AKDiver, the reason she needs a passport is that she and her husband previously worked on cruiseships - for which she obviously needs a passport. She's not just out for citizenship, it just seemed liked a possible way for her to be able to travel again.

I think they've decided to stay on dry land for the time being, but I will let her know about the EU passport (which would never have occured to me - thank you!). I don't know how it would work with her not being an Estonian citizen and living in the US, but it's got to be worth the ask.

:star:
ChristinaMFemaleEngland2006-08-10 08:35:00
US Citizenship General DiscussionStateless Estonian US Resident
Ooooh, interesting. Thanks, Pax.

I think they had realised it wasn't going to be something they could do on their own, so InfoPass will likely be the first step.
ChristinaMFemaleEngland2006-04-26 08:26:00
US Citizenship General DiscussionStateless Estonian US Resident

As far as I know it 3 years married to U.S. citizen plus 3 years permant resident and don't know of any exception to that.

I would think it would be rather hard to claim to be a refugee when you are in the U.S. married to a U.S. citizen with a green card. As long as she doesn't leave the U.S. she doesn't need a passport anyway with the green card.


I think she'd rather like to be able to leave the country :P

They worked on ships before, so it's potentially crucial for her to have a passport.

I figured it would be easier to look on the US side, with the Russian and Estonian bureaucracies being what they are. There must be some way to accomodate stateless residents, but I don't know how.
ChristinaMFemaleEngland2006-04-24 19:24:00
US Citizenship General DiscussionStateless Estonian US Resident
I have a friend who lived in the Soviet Union, in a region which later became Estonia. She is a conditional permanent resident here in the US due to marrying an USC.

Because of when Estonia broke off from the USSR, she is not entitled to Estonian citizenship, although she has applied (and been denied) three times. She would be entitled to apply for Russian citizenship if she lived in Estonia still, but obviously she now lives in the US. As such, she is stateless and has no citizenship.

She now needs to update her passport; the one she has is an Estonian "alien passport" (we think - it's a little convoluted) and because of the crazy bureaucracy over there it's no longer valid. Since she is not an Estonian citizen, they are reluctant - to say the least - to issue a new passport for her, and because she is not resident in Estonia amongst other reasons she can't apply for a Russian one.

My question is: is there any way that she can apply for US citizenship sooner than one would usually be eligible to based on marriage to a USC based on the fact that she is stateless and could she because of this be entitled as, say, a refugee to gain citizenship here in the USA?

Any ideas appreciated!!

:star:
ChristinaMFemaleEngland2006-04-24 19:04:00
US Citizenship General DiscussionIs marriage the solution?
You can certainly have a consultation (and yes, I would recommend you go too, just so nothing gets "lost in translation") regardless of your age. However, be prepared to be told that your ages could be a problem regarding the legality of filing. I believe that you as the petitioner have to be of legal marriagable age in your home state in order to file (be that with or without your parents written consent, as appropriate).

Also, be aware that in order for you to file for him as your spouse, you will be required to show that you meet or exceed 125% of the poverty level and sign a document that says you are willing to support him - not just as your spouse, but until 10 years have passed, he has reached 40 working social security quarters, or he becomes a US citizen. Since you are only 17 and plan on attending college in the near future, I suspect this is going to require that you have a cosponsor - in your case, probably your parents? This means that they are equally as liable financially should your husband decide, for example, to drop out of college and go on welfare. This is a pretty big financial obligation, potentially, and something you should consider very carefully. Check out exactly what's involved with sponsoring an immigrant before you commit to it.

If you are sure that you're willing to take on the obligations that not only go with marriage, but with marrying an immigrant, then from what you have said it sounds like it may be possible for you to do it. HOWEVER!! Get that consultation, and think very carefully about whether this is the right route to take. As Yodrak said, we really don't have enough info to make that call for you. That's an attorney discussion.

As has been said, it's not necessarily the only option for your boyfriend to attend college here. In order to get a student visa, one must be able to show a certain level of financial assets. I don't know if your boyfriend has that kind of money available (as I recall, one has to be able to show that they can pay for the entirety of their college education), but if he does, that might be an option that would give you both more time.

:star:
ChristinaMFemaleEngland2007-08-13 15:08:00
US Embassy and Consulate DiscussionHas Montreal received my case?
Leslienscott - Yes, we received the letter from the NVC with our MTL number a few weeks ago but haven't had anything happen since.

Thanks a million guys! I'll give them an email now!
matalieFemaleCanada2010-07-29 23:09:00
US Embassy and Consulate DiscussionHas Montreal received my case?
Good morning VJers! I had an odd phone call with DOS this morning and wondered if anyone had a similar experience or can share some thoughts on what might be happening! My case was sent from NVC to the Montreal embassy a couple weeks ago and called this morning to see if it had arrived yet. The operator asked me if I had received my packet 3 yet and I said no, She told me that that was strange because it says they have sent my packet 3 to me, but they haven't received my case in Montreal yet. And if they haven't received my case at Montreal yet then they couldn't have sent my packet 3. Did they receive my case and didn't log it in and my packet 3 could be on it's way here? Or is it just not received at Montreal yet and there was a mistake and it says they've sent packet 3? Hmm....

Can anyone shed some light on the situation? I'd really appreciate it!

Thanks!
matalieFemaleCanada2010-07-29 08:06:00
US Embassy and Consulate DiscussionIs this my interview date?
I've been waiting for my packet 4 to arrive to tell me when my interview date is! Does this mean I should just make my own appointment now? How do I do this?? :unsure:
matalieFemaleCanada2010-09-14 07:35:00
US Embassy and Consulate DiscussionThinking ahead I-134 question
You should be fine! My husband was in the same boat. (Rented, not a huge amount of savings, just graduated but worked full time) As long as you can support your fiance by meeting to minimum income requirements you should be all set! We never had any issues and I just moved to the States a couples months ago! Congrats! :)

Matalie
matalieFemaleCanada2011-03-16 14:08:00
US Embassy and Consulate DiscussionInterview Question
I brought a regular sized accordian folder with all my papers organized with little tabs for easy access! It worked great! I also crammed my IDs, some cash and a pen in there. Other than that I brought a small book but ended up being too nervous to concentrate on reading it! :P I was the first one through and had no problems! I was finished security in a jiff! Leave all the electronics at home though! Poor girl behind me was not a VJer and had to return to her hotel to store her iPod, cell phone, car starter and laptop! I guess she thought she'd be bored! Good luck!
matalieFemaleCanada2011-03-29 02:57:00
CanadaIs it too early to worry about NOA2?
Thanks for the support guys! :thumbs:
It makes me feel better! Well, not great as I am still waiting but better all the same!! haha
matalieFemaleCanada2010-06-15 22:04:00
CanadaIs it too early to worry about NOA2?
Hi VJers!

Matt and I sent in our I-129F in February and received our NOA1 on March 11. We haven't heard anything since! I know the average is about 3 months for Canada, but it seems that like a lot of other couples filing from Canada and going through Vermont have heard something by now. Is anyone else in this situation? Is it too early too worry that our paperwork had a coffee spilled on it at someone's desk and is now in a landfill with seagulls picking at it?

:blink:
matalieFemaleCanada2010-06-15 16:15:00
CanadaA couple questions about AR-11
I'm calling the customer service line on Monday Jared! I'll let you and Jami know if I find out anything!
matalieFemaleCanada2010-06-19 07:04:00
CanadaA couple questions about AR-11
Ok...hmm. Maybe I will try and get a hold of someone on the customer service line. Thanks anyways!
matalieFemaleCanada2010-06-17 06:51:00
CanadaA couple questions about AR-11
I'm going to be moving in to a new apartment in July with some friends who already live there. I wanted to send out our AR-11 nice and early just in case, so I don't miss anything but I have a couple of questions!

- Where I am not in the US now which, would I check off under the 'I am in the US as a: student, visitor, permanent resident or other" question?
- Do I just put NA for the Copy Number From Alien Card as I don't have a card or should I put the receipt number from our NOA1?
- Since I'm not in the US, would port of entry/date of entry be the last visit I had travelled to the US?
- Would I write NA for the expiry of my stay to the US?

I'm sorry if these are dumb questions, especially on such a short form! I just want to make sure it's correct before sending it in!

Thanks to anyone who can share some insight!
matalieFemaleCanada2010-06-16 15:41:00
CanadaSeptember Packet 4 recipients - BEWARE!!
I just got my packet 4 in the mail today! I'll try again from a different browser! Thanks for the help!
matalieFemaleCanada2010-09-15 19:43:00