ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresFiancee and child
My friend's son has a fiancee and a child in Mexico.

They all live in Mexico and he wants to come to the US with his family.

Would he be able to do it with the K-1 Fiancee Procedure?
sc sFemaleSouth Africa2010-09-14 00:27:00
K-1 Fiance(e) Visa Process & ProceduresWorking in home country while on K-1 visa? and I-134 question

He should not be earning money from the time he enters the USA on his K-1 visa until he has received his EAD. The EAD (Employment Authorization Document) will allow him to work legally from the USA. This is applied for after you have married when you apply for AOS. You should apply for AOS, EAD and AP all at once to save time and money.


Thanks so much, both of you! This whole thing can be so confusing sometimes, and it's nice to have others help you along.
walkerr06FemaleNetherlands2010-04-04 00:19:00
K-1 Fiance(e) Visa Process & ProceduresWorking in home country while on K-1 visa? and I-134 question
Hello,

I was browsing some of the other forums and noticed that it seems that my foreign fiancee will be eligible to work in the US after we're married and file for adjustment of status, and that's approved. He works as a freelance illustrator, and I was just wondering if it's possible for him to continue working with his foreign clientele while he's here on his K-1? Or does he need to stop working altogether?

I also noticed that on the I-134 (I think that's the form, where I verify that I can support him) there's a question that says "Have you filed for a visa application for anyone?" Do I check yes and include my fiancee on that box? Or do they assume that since I'm filing an I-134 that I've obviously already filed a visa application for someone?

Thanks very much! We just got our NOA1 today and are so excited the ball is rolling. :)
walkerr06FemaleNetherlands2010-04-03 19:33:00
K-1 Fiance(e) Visa Process & Proceduresround-trip ticket?
Hi everyone,

My fiance's interview is on September 16th (less than a month, we're so excited for this to be over with -- for now, anyway), and we were looking at plane tickets trying to figure out when he could be in the US should his interview be successful. We noticed that one-way tickets from Holland were literally more than 3x the cost of a round trip ticket. Can he just buy a round-trip ticket and miss his flight home? He'll be here on his K1 visa. We were thinking of perhaps setting the "return" date after we'd already married and filed his AOS. Does it send up a red flag of any sort if your foreign fiance buys a round-trip ticket? Could it lead to difficulties in the future? Or is it likely nobody would even notice?

Thanks!
walkerr06FemaleNetherlands2010-08-23 01:10:00
K-1 Fiance(e) Visa Process & ProceduresK1 Interview
Hi everyone,

so my fiancee (he's Dutch) and I have been waiting with bated breath for our NOA2, and discussing next steps of the immigration process, and we had a question I can't seem to find an answer to online, namely: if (and when) he has his interview for the K1 in Holland, will they tell him if he's "passed" then, or will he get some kind of notification in the mail as per the rest of the process? We're just curious, and thankful for any advice you can give!
walkerr06FemaleNetherlands2010-04-25 02:48:00
K-1 Fiance(e) Visa Process & Proceduresvaccination question
QUOTE (Philosykos @ Apr 1 2009, 01:27 PM) <{POST_SNAPBACK}>
I am surprised that they would make your fiancée have another pertussis shot just because she didn't have the newer formulation (acellular). I thought the difference between the old and the new formulation was simply that the new has less side effects.


Maybe they won't make her have it. She hasn't been to the medical yet. (we're waiting for NOA2 as well).

FYI: Info on the medical exams from CDC:
http://www.cdc.gov/ncidod/dq/panel.htm

Edited by Ed+Cindy, 01 April 2009 - 03:31 PM.

Ed+CindyMaleNew Zealand2009-04-01 15:29:00
K-1 Fiance(e) Visa Process & Proceduresvaccination question
QUOTE (Philosykos @ Apr 1 2009, 01:06 PM) <{POST_SNAPBACK}>
O.k., so today I went to a doctor to get my vaccinations updated. The doctor said since my last tetanus immunization was only 4 years ago, I should NOT get the combined tetanus-diphteria-pertussis vaccine (Tdap), because there should be a gap of five years (she got this from her vaccination information booklet regarding the Tdap vaccine). So she gave me the simple Td (just tetanus-diphteria).

Back home, I do more research, and realize that I should have gotten the Tdap, to have pertussis immunization. Pertussis vaccine ONLY exists in combination. Now I wonder if I will be required to do the Tdap even though I JUST received a Td vaccine, and despite the fact that I read everywhere (even on the site of the vaccine's maker) that it is not recommended when you have received a Td vaccine less than five years ago...

Does anybody know what they do in this kind of situation? And how harmful would it be to get another Td vaccine within a short period of time, when usually a gap of five years is recommended? Anybody been in that situation?

I am so mad at that doctor, and even more at myself for letting her talk me out of getting the Tdap! wacko.gif Not to mention I feel totally gross because I am having a reaction to the vaccine (flu-like symtoms, I've had that before after shots).


We're in this situation too.

My fiance had the TDP 3 years ago. K-1 (AOS) requires TDaP (acelluar pertussis, not plain pertussis). This is the only vaccine she will need, because of the pertussis being different.

Maybe it is available as a single vaccine in the US?
I know in New Zealand, it is only in a combined vaccine.

Tell the doc your story and if it really isn't recommended, there is a place the doc can check that states he does not recommend it. Up to him though.
Ed+CindyMaleNew Zealand2009-04-01 15:20:00
K-1 Fiance(e) Visa Process & ProceduresLetter for border official for visit pre NOA2
QUOTE (eyoa @ Apr 1 2009, 05:11 PM) <{POST_SNAPBACK}>
Not in this case - Finland is a VWP country. Besides, CBP officers can deny entry even with a visa already in-hand.


Just FYI: My fiance was denied on a B1/B2 visa, even though NZ is a VWP country. She specifically got the B visitors visa so she could spend more than 3 months in the US with me (B visas allow 6 months to NZ citizens). The consulate in Auckland knew that's why she applied for the visa and they approved it. CBP did not let her in, despite the consulate OK'ing it and checking her out.

I actually think that's one of the many broken parts of the system, because the consulate does a more thorough background and intentions check than some uneducated CBP officer can, yet the CBP officer can overrule the consulate.

Edited by Ed+Cindy, 01 April 2009 - 09:49 PM.

Ed+CindyMaleNew Zealand2009-04-01 21:47:00
K-1 Fiance(e) Visa Process & ProceduresLetter for border official for visit pre NOA2
QUOTE (neil685 @ Apr 1 2009, 09:13 AM) <{POST_SNAPBACK}>
Yes she will have a return ticket. Again this is still rough. I am trying to state that if approval comes before her return date I will be purchasing an additional ticket to get her home immediately. Just in case the official is some how aware of the process I wanted to show that we are prepared for an unexpected early approval. I figure at this point showing knowledge of the process is key.


(Again my 2 cents)

Actually what you are showing is that her return to her home country will only be to pick the visa. In that case, her visit to the US is not really a visit, but rather moving here, with a short trip back to Finland to get another visa. This is what CBP will think.

I understand 100% what you are trying to do and am not trying to argue against you.
All my advice is from person experience.

My fiance had a letter of support from me, she had a return ticket and even a letter of support from our congressman stating that her visit was temporary and that we understand she has to leave, blah blah blah. None of it matters because she had the intent to immigrate (if not on that visit, then later on).

In the words of my lawyer, "no one ever got fired for saying no". For some reason DHS likes to cover their @ss and pass the buck. They are not logical, or kind people. If there is any reason for them to say no, they usually do.
Ed+CindyMaleNew Zealand2009-04-01 11:35:00
K-1 Fiance(e) Visa Process & ProceduresLetter for border official for visit pre NOA2
QUOTE (neil685 @ Apr 1 2009, 08:42 AM) <{POST_SNAPBACK}>
Thanks for the reply.

I understand that they are not necessarily the most understanding group of people. But i believe that her telling them that she is on vacation or visiting friends will be even more suspicious. She has made multiple trips here in the past, each time has been more and more difficult. Last time she stated that she was in a relationship in secondary interrogation. I also know that the can pull up the k1 at the POE. That is why I want to send this to her stating that we are aware of the situation and handling it appropriately. Do to their track record of relative incompetence, I just don't want them to think that we are trying to circumvent the legal process. This is not something i want her to approach the kiosk with but to be used if she is indeed pulled into secondary as a show of good faith/intentions.


First, if she has already been to secondary inspection before AND they know she is in a relationship, I'd say you have a lower chance of her being admitted this time. It seems like the last time when they sent her to secondary, they were being kind to still let her in. Your luck may run out.

Secondly, CBP cannot tell that you have a K-1 in process. It will not be in their system until the visa is issued.

My advice (which is only me) is to not try and have her enter. Just wait for the K-1.

I say this because despite what others claim on this website, my statistics show that a fiance being turned away at POE has negative impacts on the NOA2 times. Whether this is because of additional security checks UCIS does, or general Homeland Security bullying, I don't know. Remember CBP and USCIS are in bed together, both being under DHS.

I have been collecting a sample of everyone I can find on VJ whose fiance was turned away and recording their NOA2 times. In all but one case, there was a longer NOA2 when the fiance was turned back.

If you do try to have her visit, I hope you have good luck.
Ed+CindyMaleNew Zealand2009-04-01 10:52:00
K-1 Fiance(e) Visa Process & ProceduresLetter for border official for visit pre NOA2
QUOTE (neil685 @ Apr 1 2009, 07:41 AM) <{POST_SNAPBACK}>
My fiance is visiting in 11 days. She will be staying for just over a month and a half (purchasing a wedding dress and whatnot). We have received our NOA1, of which she will obviously be bringing a copy. I was wondering if I should email her a scanned/signed letter for the border official to claim financial responsibility and to support her claim that we know what the hell where doing to avoid her being turned away at the border. My letter goes as follows (rough draft):

To whom it may concern,

I am writing this letter as documentary proof that I, Neil xxxx will be taking full financial responsibility of Salli xxxx for the duration of her trip (4/11/09 - 6/3/09) to Minneapolis, MN. As we are making wedding plans, we are fully aware that we cannot proceed with the actual wedding until her K1 visa is approved. We are also aware that if our I-129F petition is approved before her stay is completed she must return home immediately to proceed with the next phase of the K1 process (medical exam, police certificate, interview, etc.). If we are approved before her intended return to Helsinki, I will be purchasing her a one way ticket home.

Sincerely,

Good idea or worthless?


I don't recommend it. In fact, unless asked, I don't recommend she mention that she is engaged or has a pending K-1. Just have her say as little as possible, but still answer their questions. CBP officers are not logical or intelligent and your letter may not work out the way you want. They may take such a letter as proof of eventual immigrant intent and not let her in.

Edited by Ed+Cindy, 01 April 2009 - 10:29 AM.

Ed+CindyMaleNew Zealand2009-04-01 10:28:00
K-1 Fiance(e) Visa Process & ProceduresVaccine Injection requirements
QUOTE (Liam and Kara @ Apr 5 2009, 05:23 PM) <{POST_SNAPBACK}>
Hi Guys

I am trying to sort out what i need to receive with regards the injections before the London Interview.
I have checked the Knightswood link site and the chart but not quite clear on specifics.....
the age group i fall under is 40 years old, can someone that has been through the process confirm to me in laimens terms
or an idiots guide to what i am going to need.
I had thought of going to my local GP and get them done as far as i have read as long as you have these on your medical records within the 6 months
of the interview date you are good to go this also cuts down on costs London style.
I would be very grateful if one of you guys could let me know your experiences

thanks in advance


You can also look here for the CDC guide for immigrant doctors:
http://www.cdc.gov/ncidod/dq/panel.htm
Ed+CindyMaleNew Zealand2009-04-06 11:22:00
K-1 Fiance(e) Visa Process & ProceduresVisit Fiancee in US whilst K-1 still pending
The lack of ties to the UK will be the hardest thing for you to overcome, since you don't have a home rental agreement or mortgage or a job.

CBP officers general look for proof of these things to show you will return home.

If you get an easy going CBP officer, then you will get in.
If they start to question you, the above mentioned lack of ties might cause problems.
Best of luck.

No tourist visa needed.

Edited by Ed+Cindy, 07 April 2009 - 03:19 PM.

Ed+CindyMaleNew Zealand2009-04-07 15:17:00
K-1 Fiance(e) Visa Process & ProceduresAlmost outside processing times
QUOTE (Manalive @ Apr 8 2009, 04:58 PM) <{POST_SNAPBACK}>
I know that this is a common gripe but we recieved a touch on March 13th and then nothing. People in December are zooming along and we haven't gotten an RFE or anything. April 13 is our 6 month date since our NOA1. Do we just call USCIS when we are outside of our date or should we be trying to contact a congress person? Having this one part out of the way would relieve enourmous amouts of stress. wacko.gif



We are 5 days away from 6 months too.
I can sympathize with what a pain this is.

I have no plans to call USCIS, as I know it will just frustrate me to talk with them. I don't need the extra stress is my life these days smile.gif

I have already sent a letter to a senator (prior to the 6 month mark), because I think their response time can be slow.
I will contact the member of my congressman's staff that I have dealt with in the past on the day 6 months hits. They usually act immediately, or have in the past with my issues.

I'll give the Senator and Congressman a couple of weeks to get info before I file a complaint/inquiry with Ombudsman.

I'm not sure I will do Infopass. I've seen mixed results about people getting any kind of useful results with it. I'm worried it will just frustrate me and I'll end up ranting and losing my temper with the infopass officer. mad.gif
Ed+CindyMaleNew Zealand2009-04-09 13:31:00
K-1 Fiance(e) Visa Process & ProceduresLetter From Parents
QUOTE (JAPrincess @ Apr 12 2009, 05:22 PM) <{POST_SNAPBACK}>
I was reading somewhere that it can be helpful to have a letter from your family members supporting and acknowledging your relationship.

Is there perhaps a sample letter for this? If not, what specific information should such a letter include?


We included 3 or 4 letters with our petition, at the advice of our lawyer. They were notarized affidavits from (if I remember correctly), my mother, father, sister and uncle. All of them have been involved in our lives.
Ed+CindyMaleNew Zealand2009-04-13 11:41:00
K-1 Fiance(e) Visa Process & ProceduresAlmost approved K1 - can get married outside US?
Why not just have a quick civil wedding to satisfy AOS and once you have the AP, leave the country for the religious/social/family wedding (though technically not a real 'wedding' ceremony, it could be more of a renewal of voes and family&friends reception, since you are legally married already)

Ed+CindyMaleNew Zealand2009-04-10 16:32:00
K-1 Fiance(e) Visa Process & ProceduresTourist VISA into Canada?
opp, didn't mean to port anything...

Edited by Ed+Cindy, 14 April 2009 - 01:28 PM.

Ed+CindyMaleNew Zealand2009-04-14 13:28:00
K-1 Fiance(e) Visa Process & ProceduresTourist VISA into Canada?
QUOTE (Sean/Yan @ Apr 14 2009, 09:46 AM) <{POST_SNAPBACK}>
I know getting a tourist VISA to the states is almost impossible but my step mother lives in Canada. Is it easier for her to try to get a VISA to visit in Canada. We are still waiting for NOA2 so I don't know if that will do any harm if she left China for 2 weeks?

Thanks


My fiance was turned around when she tried to enter the US after our K-1 was filed last fall. We meet in Canada, because I can drive there and its a direct long haul flight for her. In fact, if our NOA2 drags on much longer, we are going to meet again at the start of summer and tour the Rockies for a few weeks.

So yes, if you can't visit the US, and can visit Canada, its a good option.

No need to be in the home country until Packet 3 arrives. If it arrives while she is gone, then you are just delaying sending it back.
Ed+CindyMaleNew Zealand2009-04-14 13:17:00
K-1 Fiance(e) Visa Process & ProceduresCan I visit my Boyfriend in USA while my K1 visa is pending?
QUOTE (acinlove @ Apr 14 2009, 08:20 AM) <{POST_SNAPBACK}>
Hi,
This is my experience...hope will help you!


Hi everybody,

I want to tell my experience at port of entry in Newark. First of all let me tell you that I have been in the US several times under VWP: March-June 2007, October-January 2008 and now entered on March 1st for others 88 days.
There were only 5 officers and I think around 1,000 people before me at Newark on Sunday afternoon. After almost 2 hours after landing I am finally in front of the officer. Here is step by step my experience...hopefully can help somebody...
First question:
-Why you have a new passport?
Me: They stole my wallet in my country and I had my passport in it.
-Are you sure?
Me: Yes I have reported it to the Police in my country and they did a new passport for me along with ID, driver license ecc ecc...
-Show me the report you did at the Police!
Me: I am sorry, I don't have it here. I used it to have my new passport.
-Why you didn't bring the report?
Me: I didn't know I had to. I am sorry.
-What are you doing in the US?
Me: I am visiting my boyfriend
-What does he do?
Me: He works for......
-Since how long do you know him?
Me: One year and a half
-Where did you meet him?
Me: In Ny in.....
-How long are you staying in the US?
Me: 88 days
-Why so long?
Me: I am a student and I can study from here and go back in my country in June to have my exams session.
-Repeat where did you meet your boyfriend?
Me: In Ny in.....(I started to get scared!!!!!)
-Repeat since how long do you know him?
Me: One year and a half ( now I was so scared that I told him that we applied for a K1 visa and we received NOA1)
-Show me the NOA1
Me: Here is it.
-Who is supporting you?
Me: My boyfriend and my parents.
-Do you like America?
Me: Yes I do.
-Do you have a return ticket?
Me: Yes here is it
-I cannot find the flight!!!!
Me: Here is it (of course it was not in English!) I am going back on May...
-Who is paying for your stay?
Me: my boyfriend and my parents (again the same question! I was already imagining myself on the next plane to my country!)
-How much money your parents have in the account?
Me: I don't know exactly sir, I think around.....
-Show me the credit card they gave you!
Me: Here is it sir.

Finally he stamped my passport with 90 days staying.......next time I won't risk it again! I will wait for my visa!
The all "interview" was very long....before to ask me the questions he was looking in my eyes for around 1 minute and then ask the question.
It was not a good experience but I still suggest to try it if you can!

Good luck everybody!


This is horrible. I am sorry.

My fiance went through similar interrogation (and was not allowed in).
I am ashamed of the way this country treats people from modern, developed, democratic nations.
Ed+CindyMaleNew Zealand2009-04-14 10:55:00
K-1 Fiance(e) Visa Process & ProceduresVisiting the US while applying for K-1 Visa?
QUOTE (Funke @ Apr 15 2009, 01:26 PM) <{POST_SNAPBACK}>
Absolutely NOT!
There have been many times on this site where people say they come in on a visitors visa and just lie at entry. I asked my friend who is an immigration lawyer if this could damage our chances of approval and she said that if they find out you came while processing another visa they may ban you from entering the US for 5-10 yrs. I am definitely not taking the risk no matter how much I miss him.


Where are you getting this information from. It is inaccurate.

You can enter as a tourist, but you may be subject to additional scrutiny because you have a K-1 pending and there is no garrantee you will be admitted. Most do get in though.

This is discussed at length all the time on this forum, please search for other threads.
Ed+CindyMaleNew Zealand2009-04-15 15:33:00
K-1 Fiance(e) Visa Process & Procedureshow to cancel attorney and if ok to cancel when u r in noa2?
QUOTE (TBoneTX @ Mar 13 2009, 09:11 AM) <{POST_SNAPBACK}>
QUOTE (Gary and Alla @ Mar 13 2009, 06:30 AM) <{POST_SNAPBACK}>
They only thing they CAN do, is slow your case and empty your bank account.
The "only" thing? An immigration attorney who has been an ex-consul may prove highly valuable at the beginning of the filing process and through the interview stage.
QUOTE
No matter what amount of time your wait is WITH an attorney, it would be 4-6 weeks, minimum, LESS if you did it yourself.
This cannot be claimed as a 100% all-the-time certainty.

It is understandable and worth some sympathy that some people can be and have been burned or hosed by attorneys. How fair is it to label ALL attorneys as incompetent or worthless? If your experience with ONE doctor was less than optimal, does that tarnish the entire medical profession? If your interaction with ONE plumber resulted in sloppy work, broken appointments, or overcharges, does that slime the entire plumbing trade? If your interaction with TWO doctors or TWO plumbers was dissatisfactory, does THAT indict the entire medical profession or plumbing trade? Is it automatically professional incompetence, or just as likely that the customer made a poor or casual choice in settling upon someone to perform a service?


We have an attorney, and while if I had to do it again, I wouldn't hire one, we have had no problems. Our attorney responds immediately to our queries and actually helped put the initial I129F packet together quicker than we could ourselves. Her flat fee is semi-reasonable and she hasn't caused any delays.

All that being said, if I knew of this website and had more time to research before we wanted to file the K-1, I would not have used an attorney.
Ed+CindyMaleNew Zealand2009-03-13 12:05:00
K-1 Fiance(e) Visa Process & Procedureshow to cancel attorney and if ok to cancel when u r in noa2?
QUOTE (tanging-mahal @ Mar 12 2009, 01:24 AM) <{POST_SNAPBACK}>
hi everyone there i just want to ask anyone there who have an attorney, coz we wanted to cancel attorney but we have noa2 and just waiting for letter from us embassy but our attorney handle our paperworks so we r confuse and wanted to cancel it already since it take so long.. sad.gif


How to cancel the attorney depends on the contract you have with them. Read the paperwork you signed with them. Usually canceling has to be done in writing. For example, my attorney requires a letter to them if I want to cancel their representation.

However, I don't think you can cancel it will the government, so your attorney may still get copies of the visa paperwork. This is ok, but if the attorney is the only one receiving your paperwork, I suspect you would need to make arrangements with the attorney to have your documents forwarded to you.

All just my 2 cents. Please check with your attorney for details.
Ed+CindyMaleNew Zealand2009-03-12 14:02:00
K-1 Fiance(e) Visa Process & ProceduresPlease Help! Canadian looking at a K1, K3 or CR-1. Which best fits my situation and which gets me in the US the quickest??
If you have legal (non-tourist) status in the US, can't you just marry and file Adjustment of Status?

I don't know much about TN visas, but I know several people that have married on H visas and filed AOS without issue. Since you have been here for 8 years, there is no suspicion that you used a TN visa to immigrate and marry.

There is a forum for adjusting status from work and student visas. You should post your question there.

Edited by Ed+Cindy, 16 April 2009 - 05:37 PM.

Ed+CindyMaleNew Zealand2009-04-16 17:34:00
K-1 Fiance(e) Visa Process & ProceduresJust Laid Off in NYC--Put case on hold or cancel?
QUOTE (Sean/Yan @ Apr 16 2009, 02:24 PM) <{POST_SNAPBACK}>
It is hard to say since there are a lot of unforeseen circumstances, like do you have an agreement on the apartment you rent, or do you own a home where you have a mortgage? Do you have a car loan, credit cards? Will you be able to find work there to pay for these.

The other thing is that when they look at your VISA at the interview, they take into account the last 3 years of your income. So if one year is not so hot, the others should even it out.

I had planned on moving to China for a couple of months and then come back if this happened to me, I actually prayed that it did. I had no bills, the car was paid off, I rented a very small apartment that I could have paid for the next 2 months while I was gone. But the company decided to let 2 other people go. So here I am, stuck in the USA waiting out the time to be with my love.

If you have the option, then by all means do it. You will not regret it. But it will be a lot harder to come back to the states and be without the love of your life for even a few weeks after spending a few months there.

Good luck and hope for the best for you.


Sean/Yan, you present the practical, logistical decisions with this kind of choice. Everyone else is quick to say "move to Italy", but there is more to it than just getting on a plane.

I'm the American in our relationship, but I have lived extensively outside the US, in places most other American would consider exotic or romantic like Italy and tell one to "move there" without knowing better. With my experience, I can second that there are a whole lot of personal things to deal with and its not really the type of decision one can ask an internet forum, where most (American) members haven't done this type of move before and don't get all the little details involved.

You state But it will be a lot harder to come back to the states and be without the love of your life for even a few weeks after spending a few months there. This is very true. I actually moved back to the US the end of last summer after living in NZ with my fiance for 3 1/2 years (prior to that I lived in France). It is extremely tough on us being apart, after having a life and house together. It is partly our mistake for not DCF'ing prior to my move back, but also just bad luck with our long USCIS processing.

I wish the original poster luck.
Ed+CindyMaleNew Zealand2009-04-16 16:56:00
K-1 Fiance(e) Visa Process & ProceduresJust Laid Off in NYC--Put case on hold or cancel?
QUOTE (vespa rossa @ Apr 16 2009, 11:36 AM) <{POST_SNAPBACK}>
Hi there,

I submitted my I-129F in mid-February and we're still waiting for our NOA2. However, I lost my job today and given that I live in NYC where the cost of living is extremely high and my fiance lives in Sicily where the quality of life is perhaps, not as high, but the cost of living is low and he owns his home and his business, a thought crossed our mind today. Would it be possible to cancel/put our petition on hold?

There are three scenarios:

1) I could (temporarily) move to Sicily and we could at least be together while the economy picks up, I could then move back alone and we could resume our K1 process.

2) I could move there, we could get married and then I could move back alone and reapply (probably losing my application fee for the I-129F K1) to bring him back to the US as my spouse on a K3.

3) I could wait it out, try to find a job here, and let things run their natural course with him potentially entering the US on a K1 Visa in the fall when we could both be unemployed for a while.

Any thoughts? Has anyone been through this that could offer some guidance or advice?

Many thanks.


Well, once issued, the K-1 visa is good for six months....

One option not mentioned above, but similar to your #1 is:

* Get a co-sponsor for the K-1.
* Go to Italy for the rest of the K-1 process and until the 6 months K-1 visa time frame is close to up. That is likely to be around 9+ months from today, depending on how slow//fast things move.
* Enjoy Italy for the summer and fall, then return to the US with your fiance before the K-1 expires...at which time we can only hope the economy is better here, since it should be around the end of 2009, or later.

IMO, this is a good middle option, in that it will probably still be faster than getting residency and DCF'ing and you will also, hopefully, get out of the US while the economy sucks.

As long as you maintain some kind of residence in the US for USCIS mail, and get a co-sponsor, it would work fine.

However, you will need to check with Italy as far as whether you can legally stay there for that long. You might need to apply for a longer visitor visa than default, or maybe you can leave Italy and re-enter, or maybe they don't even care?

Edited by Ed+Cindy, 16 April 2009 - 03:44 PM.

Ed+CindyMaleNew Zealand2009-04-16 15:41:00
K-1 Fiance(e) Visa Process & ProceduresMoving to another country after filing
QUOTE (Azzudiin @ Apr 17 2009, 09:32 AM) <{POST_SNAPBACK}>
Here's the problem
Sent in 129f, have not even had check cashed yet, and today my company offers me a rather hefty promotion to take over its canadian division.
If I accept, it would be on a renewable 3 year work Visa to Canada, my residency would remain in the US though I would be living in Canada 95% of the time. If I accept this position how would this effect our K1, and secondly once K1 approved would it even be possible for fiance to go to Canada once she is here in US?

Hoping someone has experienced something similiar before.


For living in Canada...usually if a company will sponsor you for a work visa, they 'should' sponsor your wife too.

If you won't live in the US, its not worth pursuing any kind of immigrate visa for your fiance, as it won't do you any good in Canada and there are residency requirements to maintain the Green Card.

This is really something you need to ask Canada, and also if your employer will sponsor a non-US citizen wife.
Ed+CindyMaleNew Zealand2009-04-17 11:53:00
K-1 Fiance(e) Visa Process & Procedurescost for K1
QUOTE (laureldevine @ Apr 21 2009, 08:27 AM) <{POST_SNAPBACK}>
We have my parents to sponsor us, as we are both just finishing college..
but we cannot do this back and forth relationship any longer- and would rather be broke and together, then be apart.

we both work and what not- but so much of our money has gone into plane tickets and what not just to be together... so now we work to get money for this K1 process and then we are together to work and save..
no babies for us for a while!!! LOL


laureldevine, best of luck, it will be ok.

If it makes you feel better about being just out of university and broke...know that my fiance and I are mid-30's, both with professional careers and since we started the K-1 process (and have subsequently been forced into a long distance relationship about a year ago), we have not saved ANY money. It all goes to plane tickets, visits, processing fees, or mailing stuff. We would have a nice down-payment on a house had it not been for this, but oh well...
Ed+CindyMaleNew Zealand2009-04-21 11:00:00
K-1 Fiance(e) Visa Process & Procedurescost for K1
QUOTE (Damian&Kelly @ Apr 19 2009, 05:03 PM) <{POST_SNAPBACK}>
It costs way too much.. but I can break it down well what I remember at least...


While I totally agree the cost is out of control, its not just the US, so don't feel too bad.
Immigration seems to be a good money maker.

Just for FYI, I though I would post this....I acquired PR (permanent residency) in New Zealand several years ago. I paid a similar cost in NZ dollars for the residency (something like NZ$500 for the initial application, NZ$1000 for the residency permit, plus NZ$150 for the medical (which has since gone up to NZ$300-400), about NZ$150 for the visa to be re-issued after the initial two years, plus document fees and police record fees and other stuff I am probably forgetting.

I imagine other commonwealth countries are similarly priced.
Ed+CindyMaleNew Zealand2009-04-20 11:27:00
K-1 Fiance(e) Visa Process & ProceduresVisiting the US with K-1 pending, had trouble entering before...
While I don't believe the 10 year ban story, I would advise caution.

We had CBP issues with an entry last Oct. My fiance was legal and had the right documents, etc.

So much of it is just luck. Some POEs are better than others. We used what we later found out was a terrible POE (lots of reports of problems there) - British Columbia / Washington border.

Being turned around won't deny your K-1, but it could make it take longer. You would have a file with CBP, which could force your case to more background checks - I have some data to prove this.

If its just a two weeks visit, why not go somewhere other than the US. Meet in the fiance's country, or even Canada or Mexico?

Best of luck whatever.
Ed+CindyMaleNew Zealand2009-04-20 10:43:00
K-1 Fiance(e) Visa Process & ProceduresTime of Noa2
QUOTE (Cereza @ Apr 22 2009, 12:33 PM) <{POST_SNAPBACK}>
Do the NOA2 emails only come around 11-2? I noticed that people only seem to get the email around this time. I loose hope of getting my noa2 as soon as 2 o'clock passes sad.gif


It's very possible the computer system queues messages and emails them all at one time of the day.
Ed+CindyMaleNew Zealand2009-04-22 14:51:00
K-1 Fiance(e) Visa Process & Procedurescan i visit my boyfriend during wating NOA2 ?
QUOTE (John & Nan @ Apr 23 2009, 04:40 AM) <{POST_SNAPBACK}>
What is a 10 year visa and how fast can you get one ?


10 year visa is the standard B1/B2 tourist visa (for business trips too).
Ed+CindyMaleNew Zealand2009-04-23 10:36:00
K-1 Fiance(e) Visa Process & ProceduresI-129F Name Problem
QUOTE (Leo&Farah @ Apr 5 2009, 06:45 AM) <{POST_SNAPBACK}>
Hi, I'm not sure what exactly to do about this. Farah has 5 names and her first name wont fit in the box to print legibly. There is a plus sign next to it indicating more words that cannot fit as is. I'm afraid that if I print it, it will get cut off and won't be complete.

The same issue is arising with her address in that it doesn't fit and there is a plus sign. I'm afraid that if I can't include her full address, packet 3 won't be properly sent to her or might get lost in the mail. Which address do they refer to when sending packet 3? Question 15 does not ask for a postal code so there seems to be no way to provide them with her complete address.

Any advice would be much appreciated.

Thanks in advance,
Leo


If you can get a copy of Adobe (not the free Acrobat reader, but the full version), you can adjust the font to a smaller size and it will fit.
Ask people around you. Someone may use it at work.
Ed+CindyMaleNew Zealand2009-04-23 15:23:00
K-1 Fiance(e) Visa Process & ProceduresGERMANY TO THE USA
We hired an attorney and it has not been a negative experience for us.
However, I will not use one for the AOS process.
Ed+CindyMaleNew Zealand2009-04-24 12:41:00
K-1 Fiance(e) Visa Process & Procedures1 million questions with my Fiance from France
she doesn't already have a student visa, she is waiting to see if she was accepted or not into her grad program, so this is the difference

@ rooster, that's fine, she has no real need to leave at the moment except to go visit her parents when everything is done, there is nothing urgent

Oh, well then, knowing what I know now....I would just marry today...try to get the certificate asap (depending on the state/county you can have it in a day sometimes). Prepare the AOS paperwork over the weekend and hopefully get it in the mail next week....that's what I would do if it were me.

Edited by Ed+Cindy, 24 April 2009 - 11:31 AM.

Ed+CindyMaleNew Zealand2009-04-24 11:31:00
K-1 Fiance(e) Visa Process & Procedures1 million questions with my Fiance from France
QUOTE (rooster @ Apr 24 2009, 08:22 AM) <{POST_SNAPBACK}>
The 2 weeks time frame they are referring to is subjective as to how long it will take you to get the documents required for AOS. The waiting time will vary depending on what has to be obtained. A marriage certificate is required and those times vary with court clerk offices. Filling out the forms is a simple process.
The ban kicks in after 180 days of overstay. Her traveling before the AOS is fully complete would not be advised. As stated in several different discussions around this forum, her re-entry to the US is at the mercy of the POE officer she encounters even if she does have AP.
I believe if I were in your shoes, I would not marry until she comes back on the student visa. I don't know if she can even work part time on the student visa or not as I am not experienced in that type of visa. Someone else with more knowledge on that could help you out on this. But, I do know she is not able to on the VWP and if you try to adjust from that, she will not be able to work until she has clearance to do so.

For the record: I am generally opposed to people trying to "go around the system" misusing a visa type for ulterior motives but your situation sounds genuine to me.


IMO, I second this. Since you know she has a student visa and will be in the US later this year. I would recommend waiting until then. Just my opinion though.
Ed+CindyMaleNew Zealand2009-04-24 10:46:00
K-1 Fiance(e) Visa Process & Procedures1 million questions with my Fiance from France
QUOTE (B&M @ Apr 23 2009, 09:02 PM) <{POST_SNAPBACK}>
Thanks a ton, this is a really great answer. I think well go with marrying before she leaves as returning home isnt urgent for her right now so waiting 60 days to 3 months or whatever is standard is fine, I posted also in AOS but just in case, what is the approx time frame for her to gain residency / ability to work / done with paperwork ;p

thanks so much, and again, thanks for your great reponse


The timelines at the top of the page also have pages for AOS, AP (travel document) and EAD (work permit).

Looks like right now, AP is averageing 67 days.
Ed+CindyMaleNew Zealand2009-04-24 00:04:00
K-1 Fiance(e) Visa Process & Procedures1 million questions with my Fiance from France
I suggest you ask in the other AOS forum.

Ed+CindyMaleNew Zealand2009-04-23 12:10:00
K-1 Fiance(e) Visa Process & Procedures1 million questions with my Fiance from France
QUOTE (Bobby_Umit @ Apr 23 2009, 09:00 AM) <{POST_SNAPBACK}>
2. If she is in the states, you would probably not want to do the K-1. She would need to go home and interview. You could marry here while on the student visa and AOS, but that would have intent prior to coming here, which is a problem. So forget about marrying her when she comes to study and see how things go.


If your fiance is here legally in the US and she planned to come to the US prior to getting engaged to you, you should just marry her when she is here on the student visa and adjust status. It would be the same story for someone here on an H1B work visa (I have friends that have done that). Since she planned and acquired the studies in the US before being engaged, there is no fraud.

All the background checks done on a K-1 visa would be done as part of the AOS process. Some here will insist you get a K-1 visa, but that will basically force your fiance to return to their home country and forgo their studies.

It's only visa fraud if you come to the US on a difference visa than your intent. Her original intent is to study. Your relationship and engagement is secondary since she has valid intent for her student visa.

You should check out the forum for adjusting status from work/student/tourist visas, instead of asking in a K-1 forum.

This is just my opinion. Please research it.

Edited by Ed+Cindy, 23 April 2009 - 11:50 AM.

Ed+CindyMaleNew Zealand2009-04-23 11:50:00
K-1 Fiance(e) Visa Process & ProceduresEnglish fiance - K1 questions...any help?
QUOTE (kimmynunz @ Apr 23 2009, 01:40 PM) <{POST_SNAPBACK}>
Hello all,
I am currently engaged to a man from England (I am from the US) and we want to file for the K1 visa but are trying to determine if we should do the process ourselves or via an attorney. We are also wondering how long this process will take and if anyone has any helpful tips.

Here are some of my questions:
1. Has anyone used an attorney? If so, would you recommend it? What do you think is the benefit of an attorney? (We do not have any special circumstances)
2. If you have completed the process on your own - was it difficult? How long from your date of mailing to receiving the visa?
3. While in the K1 process - can my fiance visit me from England and vice versa?

If there is anyone in the same situation as me - man/woman from UK and other from US - I would love to hear from you regarding your situation.
Thank you!


Per the attorney question: We have one. BUT if I found this website first, I would not have used one. Unlike a lot of people who complain about attorneys, ours has been very responsive.
Ed+CindyMaleNew Zealand2009-04-23 15:43:00
K-1 Fiance(e) Visa Process & ProceduresSkip K1, enter on a tourist visa and Marry?
QUOTE (krystiandjon @ Apr 14 2009, 06:26 AM) <{POST_SNAPBACK}>
Another option you have is to marry in the US on a tourist visa, file the K3 and stay in the US until you have your interview (or until your stay on the VWP runs out, which will probably happen first) and then go back to Norway for the medical/interview. Not necessarily quicker but you don't HAVE to go the K1 route. For the record, I think the K1 is ridiculous because after receiving the visa you have to adjust status (to the tune of a thousand bucks).


I couldn't agree more...why do foreign fiances have to go through all the background, medical, etc checks for the K-1, THEN the complete adjustment of status. There should be a very quick status adjustment for K-1s (something like sending in a copy of a marriage certificate and that's it).

For the original poster, you can't marry on a tourist visa unless you can prove that you did not have plans to marry when you entered the country. If you marry someone you knew prior to entering as a tourist, you will have a hard time convincing an officer that you did not come to the US with that intent.

My suggestion, if you want to be together the most: Have the foreigner enter on a B visa as soon as you send the packet away. That will give them 6 months and hopefully by the end of that time, everything will be ready for them to return home and interview for the K-1. Read the posts here about the best way to enter as a visitor and not be turned away.

Edited by Ed+Cindy, 14 April 2009 - 10:50 AM.

Ed+CindyMaleNew Zealand2009-04-14 10:48:00