ForumTitleContentMemberSexCountryDate/Time
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
K-1 Fiance(e) Visa Process & ProceduresShould I try to write to my congressman
QUOTE (V-G-1 @ Mar 12 2009, 07:34 PM) <{POST_SNAPBACK}>
basically, to see if i can a shortcut, or get looked at in 1 month, or 2, instead of 5 or 6.

Thats why i asked whether the fact that i am writing to my congressmen so shortly would pi%^ them off??


Ah no, why should you get to jump the queue when the rest of us have to wait? wacko.gif

(edited: sorry, not meaning to beat a dead horse, best of luck waiting)

Edited by Ed+Cindy, 13 April 2009 - 11:44 AM.

Ed+CindyMaleNew Zealand2009-04-13 11:42:00
K-1 Fiance(e) Visa Process & ProceduresPlease sombody help with a K1 visa issue, URGENT!!!!
QUOTE (lancer1655 @ Apr 28 2009, 12:06 PM) <{POST_SNAPBACK}>
Crazy question....can you get the marriage annulled in time for the interview??? Because then legally it never happened. Its probably too late but might be worth a try?


This would be ideal, or even if you can get divorced in time for the interview.
That way, when you submitted the petition and have the interview, you both will be free and not married.
Ed+CindyMaleNew Zealand2009-04-28 15:38:00
K-1 Fiance(e) Visa Process & ProceduresConsidering K1 Visa
QUOTE (Boosh66 @ Apr 29 2009, 11:29 PM) <{POST_SNAPBACK}>
I'm a British citizen considering marriage to an American citizen whom I have known for four years or so. Ideally we would like to marry in the US and I plan to move there if possible. I'd very much appreciate some advice. I have done some cursory research but I can't find answers to a couple of questions.

My fiancée has just finished a degree and is currently working two part time jobs whilst applying for jobs in her chosen field. Whilst she doesn't yet earn over $18515 per year, she will most likely do so in the next few months. Basically I was wondering if it is worth applying for an I-129F now to set the ball rolling so to speak. Or should I wait for her to secure a better paid job later in the year before doing anything?

Thanks in advance!


Go ahead and start now. You may need a co-sponsor for the Consulate phase later on, but that's something like 4-6 or more months down the road. If you fiance makes enough money by then, you will probably be ok. An intelligent person can understand your fiance was in school recently, so their income in the past was lower. To be safe,you could still use a co-sponsor.

You come from a low fraud, friendly country and I don't think you will have a tough time, even if older tax years don't show a lot of income. I know New Zealand doesn't even hardly look at the I-134 (Affidavit of Support) financial document. When the time comes, you could ask others who dealt with London what their experience was regarding the I-134.
Ed+CindyMaleNew Zealand2009-04-30 03:42:00
K-1 Fiance(e) Visa Process & ProceduresIs there some where I can go to see ??
QUOTE (Bobby_Umit @ Apr 30 2009, 01:59 PM) <{POST_SNAPBACK}>
I am working on a distilled liquid that will replace your feelings for your loved one, but months away from human testing....


Haha.. laughing.gif
I am certainly drinking distilled liquids more these last 6 months.....
Ed+CindyMaleNew Zealand2009-04-30 16:14:00
K-1 Fiance(e) Visa Process & Proceduresabout mails from uscis
QUOTE (sweetgurl @ May 1 2009, 09:08 AM) <{POST_SNAPBACK}>
yes im asking about if they will just send it in my mailbox here because i am not home during day time busy working..so they might just leave those receipts in my mailbox?


Sadly, most of us are away during the day working...if you figure out how to make money being home, please let me know...
Ed+CindyMaleNew Zealand2009-05-01 11:19:00
K-1 Fiance(e) Visa Process & Procedureshelp, what do i do???
QUOTE (karimcharleen @ May 2 2009, 09:26 AM) <{POST_SNAPBACK}>
hi everyone, wish you all a great weekend. i have this question, and hope someone can help. on some my forms the box is not big enough to hold all i write, and it puts a (+) on it, but when i go to print them, the (+) is still there, and it don't show all i wrote, how do i fix this so that i can print what i wrote? unsure.gif
thanks for your help,
charleen


If you know someone who has the full version of adobe, you can edit the font size to a smaller font and it will fit. Check with professions you may know.
Ed+CindyMaleNew Zealand2009-05-02 13:08:00
K-1 Fiance(e) Visa Process & Proceduresilliegal border crossing
QUOTE (Anna G @ May 1 2009, 06:40 AM) <{POST_SNAPBACK}>
yes He did just go back home by himself. He is back in his country. but we met and started dating when he was here illegally There is no record of him being here. except for when i filled out the i129f the part about how we met, I wrote down that we met when he was here


I don't advocate lying, however if there was no record of him being in the US illegally, I would probably have not stated that he was here. You might have shot yourself in the foot.

Also suggest you get a lawyer.
Ed+CindyMaleNew Zealand2009-05-01 10:15:00
K-1 Fiance(e) Visa Process & ProceduresBorder Patrol Records / G-28 help
QUOTE (jcg303 @ May 4 2009, 12:25 PM) <{POST_SNAPBACK}>
i spoke a little too soon - we are trying to get the records for my fiancee's departure from the states. is she as a non-citizen entitled to the same information, or do i have to request it on her behalf?


You can do either one. However, non-citizens and non-residents don't qualify for the Privacy Act, so omit that from the request. That may affect the amount of info they provide you with. If you request for her, you will have to provide some kind of document that you are allowed to act for her. I don't know what this is.
Ed+CindyMaleNew Zealand2009-05-04 14:53:00
K-1 Fiance(e) Visa Process & ProceduresBorder Patrol Records / G-28 help
QUOTE (TBoneTX @ May 3 2009, 09:31 PM) <{POST_SNAPBACK}>
QUOTE (Ed+Cindy @ May 2 2009, 05:15 PM) <{POST_SNAPBACK}>
I declare under penalty of perjury under the laws of the United States of America that I am
Ed, you may want to send a PM to Captain Ewok so that your name is deleted from the last line of your excellent, truly helpful letter.


Damn, I missed that last incident. I just PM'd and asked to have it removed. If another moderator reads this, please edit my name from the above, thanks.
Ed+CindyMaleNew Zealand2009-05-04 00:00:00
K-1 Fiance(e) Visa Process & ProceduresBorder Patrol Records / G-28 help
FOIA request DO NOT go to DoJ. They go to the FIOA office of the CBP in DHS.

Here is my letter. Change what is appropriate. The notarization proves you are the actual person requesting the records.

USC and GCs get Privacy Act too, foreigners only get FIOA.



October 31, 2008

U.S. Customs and Border Protection
1300 Pennsylvania Ave., NW,
Attn: Mint Annex Building, FOIA Division
Washington D.C. 20229


Re: Freedom of Information Act Request


Dear Sir or Madam:


I would like to make a request for records under the Freedom of Information Act (FOIA), 5 U.S.C. § 552 et seq, and the Privacy Act, 5 U.S.C. § 552a et seq.

My name is XXX XXXX XXXX (D.O.B. Dec 10, XXXX). I am a citizen of the United States, US Passport number: XXXXXX. My address is <ADDRESS>. The accompanying declaration, signed under penalty of perjury, is proof of my identity.

I request access to and copies of the following records1 produced or maintained by your agency: all records pertaining to my questioning, search, and secondary inspection at Peace Arch point of entry on September 29th, 2008 and September 30th 2008 (including those pertaining to my registered vehicle, Oregon License XXX XXX), Vancouver port of entry on the dates of October 5th 2008, October 19th 2008 and November 9th 2008.

As you know, the Freedom of Information Act provides that even if portions of my file are exempt from release, the remainder of the record must be released to me so long as segregation is reasonable. Therefore, if you determine that any portions of the documents I have requested must be deleted, I request that you advise me of the statutory exemptions you believe to be applicable and release all reasonably segregable material.

I look forward to receiving your reply within 20 business days, as provided by law.

Thank you for your assistance. If you have any questions regarding this request, please contact me at (503) XXX-XXXX


Sincerely,


<NAME>






1 The term ?records? as used herein includes, but is not limited to, all agency records including memoranda,
correspondence, analyses, interview notes, logs, charts, and other written records as well as records
maintained on computers, electronic communications, videotapes, audio recordings, or any other format.

(new page)----------------------------

Declaration by NAME


I declare under penalty of perjury under the laws of the United States of America that I
am ** **, and the foregoing is true and correct.


___________________________
NAME


Executed on this ____ day of ____________________
Ed+CindyMaleNew Zealand2009-05-02 17:15:00
K-1 Fiance(e) Visa Process & ProceduresBorder Patrol Records / G-28 help
QUOTE (jcg303 @ May 2 2009, 02:05 PM) <{POST_SNAPBACK}>
Does anyone have any experience requesting entry/exit records from the US customs and border patrol? My fiancee and I are trying to get her exit record, and I'm trying to fill out the freedom of information act release form and the G-28 representative form. Just want to make sure I'm doing it correctly.

Thanks!!


Yes. I requested my CBP file. It took months for them to send it, but I got it, all 23 pages. Send a letter to the CBP FOIA office in Washington DC.

If you want a sample letter, PM me and I'll email you the one I wrote.
Ed+CindyMaleNew Zealand2009-05-02 17:07:00
K-1 Fiance(e) Visa Process & ProceduresAttourney Suggestion
QUOTE (carvin317 @ May 4 2009, 08:00 AM) <{POST_SNAPBACK}>
So i called an immigration attourney and my fiance is currently on a R1 visas, religious visa, and he said we do not need to file a fiance visa. He said that we could get married here and just file a status change? Does that sound right to anyone. He said the r1 visa has dual intent? We plan on getting married in the states in august and filing immediately after marriage has anyone heard of doing this rather than the k1 or k3 visa ?


Usually if the person is here in a non-tourist status you can adjust as the lawyer says. Otherwise it would be dumb to make someone who is legally in the US leave, waiting for a visa, and return. If that person had the R1 visa prior to engagement, that is an even stronger case for letting you adjust.

I suggest you ask in the AOS forum for adjusting from student, work, tourist visas. They might know more.
Ed+CindyMaleNew Zealand2009-05-04 10:44:00
K-1 Fiance(e) Visa Process & ProceduresPay debts off first??
QUOTE (Gordons2009 @ May 4 2009, 02:02 PM) <{POST_SNAPBACK}>
I am Canadian and my fiancé is American. We are just looking into this fiancé visa and I had a few questions.

Secondly, I was wondering would would be the advantages and disadvantages to just getting married vs. Getting the fiancé visa?

Thanks smile.gif


Fiance visa will (most likely) get the forienger (you) to the US quicker, however it is more expensive and you won't have any real status for the first several months you are in the US.

The CR-1 is longer, but cheaper (there is no Adjustment of Status, which cost $1010). CR-1 allows you to work, etc as soon as you arrive.

In my humble opinion, as long as you can visit each other often, go for the CR-1. I could have gotten my fiance a CR-1 last year (when I lived in her country, assuming I married her then), but I didn't and now that I have the K-1 and AOS to deal with, I regret not going the CR-1 route.
Ed+CindyMaleNew Zealand2009-05-04 16:19:00
K-1 Fiance(e) Visa Process & Procedures28 days and still not received at NVC..is that normal?
QUOTE (fourjudge @ May 4 2009, 12:03 PM) <{POST_SNAPBACK}>
Thank you....is anyone else experiencing long delays with their case just gettign received by NVC?


You might check the NVC forum here:
http://www.visajourn...hp?showforum=83
Ed+CindyMaleNew Zealand2009-05-04 14:13:00
K-1 Fiance(e) Visa Process & ProceduresGathering consular documents - original I-129F package needed?
Thanks everyone.
I'm not too worried then.
If they specifically ask for it, then I will send it.

The issue is I don't have the original I-129F with me (lawyer has it) and I want to go ahead and FedEx the I-134 and other documents to my fiance in a day or two (before I will have a chance to get the K-1 packet copy from the lawyer).

Our consulate should get the file from NVC in a day and will be expediting our case. I want my fiance to be able to reply to packet 3 a few days from now.

Ed+CindyMaleNew Zealand2009-05-05 23:56:00
K-1 Fiance(e) Visa Process & ProceduresGathering consular documents - original I-129F package needed?
The guides here say to send your fiance a copy of the original K-1 petition package.

Is this really asked for, or used, by the consulate? It seems redundant to me.
(I have asked this question in the New Zealand forum too, with specific regard to Auckland).

Thanks.
Ed+CindyMaleNew Zealand2009-05-05 22:16:00
K-1 Fiance(e) Visa Process & ProceduresPoll: NOA2 time and day
QUOTE (LindsayVictor @ May 4 2009, 02:33 PM) <{POST_SNAPBACK}>
Here is a poll to pass the time:

For those of you that received your NOA2 email notification -

What time of day did you receive it at?

Did you receive it on a weekday or a weekend?

Just curious.


11AM Wednesday for an approval the Tuesday before.
Ed+CindyMaleNew Zealand2009-05-04 16:36:00
K-1 Fiance(e) Visa Process & ProceduresGot my Green Card in a month and a half, but have a question...
QUOTE (Tarumba @ May 7 2009, 01:37 PM) <{POST_SNAPBACK}>
QUOTE (HelloWorld08 @ May 7 2009, 04:34 PM) <{POST_SNAPBACK}>
you posted in the wrong section....


Oh I thought since I got it through a K1 visa this was it...

Anyway, does anybody know, please?


2 years is conditional, otherwise it would be for 10.

Ed+CindyMaleNew Zealand2009-05-07 15:40:00
K-1 Fiance(e) Visa Process & ProceduresVSC Processing Stopped Week of May 3?
QUOTE (Future Mrs Disney @ May 5 2009, 07:40 PM) <{POST_SNAPBACK}>
I just can't accept that HB's are more "important" than family visas. It makes me wonder... unsure.gif


Lots more money is made on H visas..makes our $500 fee for the K-1 look like pocket change.
Ed+CindyMaleNew Zealand2009-05-06 17:17:00
K-1 Fiance(e) Visa Process & Procedurescan I marry
QUOTE (samillerm @ May 8 2009, 03:50 PM) <{POST_SNAPBACK}>
If my boyfriend is in the states on a HB-2 Visa can I marry him?


We have friends on H1B visas that married here. I don't know what difference and HB-2 is from HB-1?

As long as the H visa wasn't acquired for the purpose of marrying - IE you meet and got engaged after he was already here legally, there shouldn't be a problem.
Ed+CindyMaleNew Zealand2009-05-08 18:43:00
K-1 Fiance(e) Visa Process & Proceduresok going to try this question again.......
QUOTE (muslimlady37 @ May 8 2009, 08:51 PM) <{POST_SNAPBACK}>
QUOTE (Gary and Alla @ May 8 2009, 06:33 PM) <{POST_SNAPBACK}>
QUOTE (karimcharleen @ May 8 2009, 11:21 AM) <{POST_SNAPBACK}>
wacko.gifok, my fiance said he had read, or heard that i needed to write a letter or something to the consulate before the case finishes here so that the consulate can open a file for him. has anyone had to do this? he would be using the consulate in casa blanca since he is in morocco. i'm confused with this, i have not heard or seen anything about the usc needing to do such.


No, not true. The case will be opened at the consulate when they receive the peition from the NVC. The only letter I can imagine you having to write is a new, updated, letter of intent required by some consulates at the inerview. Just use the one your sent for the I-129f and change the date.



I would agree with you good.gif


Its called a ""Request for Provisional File"" and you can find a sample on the "example Forms" above.
However, I don't think you would have any luck with a non visa waiver country consulate. I don't know how often people are successful with this, even in friendly countries.

Ed+CindyMaleNew Zealand2009-05-08 23:41:00
K-1 Fiance(e) Visa Process & Proceduresok going to try this question again.......
QUOTE (Gary and Alla @ May 8 2009, 03:33 PM) <{POST_SNAPBACK}>
QUOTE (karimcharleen @ May 8 2009, 11:21 AM) <{POST_SNAPBACK}>
wacko.gifok, my fiance said he had read, or heard that i needed to write a letter or something to the consulate before the case finishes here so that the consulate can open a file for him. has anyone had to do this? he would be using the consulate in casa blanca since he is in morocco. i'm confused with this, i have not heard or seen anything about the usc needing to do such.


No, not true. The case will be opened at the consulate when they receive the peition from the NVC. The only letter I can imagine you having to write is a new, updated, letter of intent required by some consulates at the inerview. Just use the one your sent for the I-129f and change the date.


Some of the nicer, low fraud consulates will actually send out packet 3 prior to receiving the case from NVC, if you ask them nicely. Auckland will do that sometimes. I don't think somewhere like Morocco would be willing though...
Ed+CindyMaleNew Zealand2009-05-08 18:41:00
K-1 Fiance(e) Visa Process & Proceduresok going to try this question again.......
QUOTE (karimcharleen @ May 8 2009, 08:21 AM) <{POST_SNAPBACK}>
wacko.gifok, my fiance said he had read, or heard that i needed to write a letter or something to the consulate before the case finishes here so that the consulate can open a file for him. has anyone had to do this? he would be using the consulate in casa blanca since he is in morocco. i'm confused with this, i have not heard or seen anything about the usc needing to do such.


What he probably means is that once your case is approved by USCIS (while it is going through NVC and in transit to the consulate), you can ask the consulate to open a provisional case (or whatever you want to call it). Its asking the consulate to start their paperwork before they receive the case from NVC. It can give you a head start on the consulate sending out packet 3 and probably buy you a few weeks time. Not sure that all consulates would do this.

This would benefit you if your case was taking a while to get to NVC or you were stuck in AP at NVC.

I don't know which consulate are willing to do this. Auckland sometimes is, but we ended up going super fast from NAO2 to the consulate that I never asked them.

Edited by Ed+Cindy, 08 May 2009 - 10:33 AM.

Ed+CindyMaleNew Zealand2009-05-08 10:31:00
K-1 Fiance(e) Visa Process & ProceduresHelp me, I am marrying an eu citizen
QUOTE (mrogevich @ May 10 2009, 04:51 PM) <{POST_SNAPBACK}>
Hi everyone, i am new to this site so thank you in advance for any positive feedback.

I am a US citizen, and I have been living with my fiance (resident of Slovakia) in London for the past 2.5 years. I have since returned to the US (last week). We were planning on marrying anyway, but the move back to the US happened faster then we expected and we need to make actions happen quickly.

I have a few questions:
If we were to get married in the US (state of virginia), how long would would it take for her to aquire a greencard? I have read that it can take anywhere from 2 months to 8 months. If she were to enter the country as a tourist (not on a fiance visa as the US does not require and entry visa for Slovakia citizens) and we were to get married, will that affect her status in the future?

The second question is regarding our original idea.....getting married outside of the US. She is planning on coming to the US in a week, and if we both were to leave the US, get married abroad, will she be able to re-enter the country considering she technically will not be entering as a tourist?

We have been together for six years, so this is kind of frustrating, so any help will be greatly appreciated.


If you still have valid status in London and have been gone only a week, you could probably immediately return to London, marry and DCF (file for an immigration visa at the consulate). That is the fastest option. Refer to the DCF forums.
Ed+CindyMaleNew Zealand2009-05-11 11:16:00
K-1 Fiance(e) Visa Process & ProceduresPREGNANT!
QUOTE (CoconutLover @ May 11 2009, 10:36 AM) <{POST_SNAPBACK}>
We have been planning to file for the K1 visa.

On our last visit we conceived a baby...

Should we include this information in the petition?

Do you think being pregnant will help get an approval???


You don't have any profile information posted as to which country the foreigner is from. You may be able to get your fiance here on a K-1 within 9 months, but it depends one which consulate and maybe even which service centre you are using.

As someone else said, depending on which country, you could move there to be with your partner, then DCF later on.
Ed+CindyMaleNew Zealand2009-05-11 12:56:00
K-1 Fiance(e) Visa Process & Procedureswhat's the worst that could happen?
QUOTE (jcg303 @ May 11 2009, 07:27 AM) <{POST_SNAPBACK}>
I've seen a lot of examples on this site of people successfully entering the US on tourist visas while their K1 visas are pending approval. however, i understand that entry is in the hands of the border patrol agent.

my question is, what happens if entry is denied by the border patrol agent? if a person is sent back, is it at the expense of the individual? more importantly, can a denial adversely affect the K1 visa process?

i don't mean to focus on the negative, but i just want to know both sides of the story.

i would love for my fiancee to visit me during this process, but we don't want to do anything that will jeopardize our future together.

thanks everyone!


Denial will probably increase the NOA2 time because you would probably be put in Background Checks (I have data to support this), however, it will not deny the K visa, only likely delay the USCIS process.

(We were denied, by the way - it was extremely costly, for several reasons I won't go into)

Edited by Ed+Cindy, 11 May 2009 - 11:22 AM.

Ed+CindyMaleNew Zealand2009-05-11 11:18:00
K-1 Fiance(e) Visa Process & ProceduresBirth certificate
We sent standard copies with the I-129F and that was fine.

Ed+CindyMaleNew Zealand2009-05-11 10:51:00
K-1 Fiance(e) Visa Process & ProceduresAlmost 6 months, didn't hear anything about K1 petition
QUOTE (baliqt @ May 7 2009, 08:59 PM) <{POST_SNAPBACK}>
I received my NOA 1 for K-1 visa on November 17, 2008. It is almost 6 months now and I haven't received anything in the mail. Everytime I check on the USCIS website, it said the case has been received and pending. I filed in California Service Center.

The few times I called the USCIS CS to ask about my status, they said the same thing as in the website. They won't check specifically for your case if it hasn't passed the normal waiting time that USCIS listed as 6 months.

I have seen some people in the forum already received their NOA 2 less than 6 months. Should I be worried or is this normal for the waiting time? Is there any other way to check on your status other than checking on USCIS websites or call the USCIS's CS? Is there something I should say to them so they want to check on your status instead of just saying what's it said on the USCIS website?

Thank's for any feedbacks.

After 6 months (and sometimes another 30 days) you can do a service request. I think that's one of the things that got my petition approved.
Ed+CindyMaleNew Zealand2009-05-08 10:27:00
K-1 Fiance(e) Visa Process & ProceduresWest Coast Point of Entry
QUOTE (adventure509 @ May 11 2009, 06:51 PM) <{POST_SNAPBACK}>
QUOTE (adventure509 @ May 11 2009, 06:39 PM) <{POST_SNAPBACK}>
Hello all!
I was told by a friend of mine that the only point of entry for the west coast for imagration reasons is through Portland. I thought any internation airport as long as there is customs and imagration officials there. Just woundering if this is true or perhaps my friend just been miss infomed?


Thanks for the fast response. Is pretty much what I thought. Seattle will be our preferance when our journey gets to that point.


Coming across the Pacific, you are mainly looking at entering at LAX or SFO, Very few trans-Pacific flights go into Portland or Seattle. In fact, the only one into Portland is from Tokyo. Seattle may have one more, but I doubt it.

LAX has the most, but I usually try to fly through SFO because its nicer (both people and airport) and easier to get into the town for time between flights.
Ed+CindyMaleNew Zealand2009-05-11 21:27:00
K-1 Fiance(e) Visa Process & ProceduresFiance came to States - relationship went sour
QUOTE (trees @ May 11 2009, 04:54 PM) <{POST_SNAPBACK}>
My friend entered the US on a K-1 to get married - the relation soured. He saw his old girlfriend who now lives in the states. They used to date back in his country. They are now talking about getting married before his I-94 expires (90 days) and he needs to leave the US. I told him that on the K-1 he needs to marry the person who petioned for him or leave within 90 days. He said that his old girlf friend spoke to a lawyer and that it could be done if they can prove it is a bonafied relationship. I told him I don't think it is possible. Any help would be appreciated. Also I was looking for other treads on this topic but didn't locate any.


He will have to get the new fiance/spouse to petition him. He will have to return home and wait for it. They fact that he came here to marry one person and wants to really marry someone else means he just used the K-1 to get into this country, so the original marriage plans were just for immigration. Even an idiot can see that and no way he can adjust status.

Tell him to follow the law and leave the US.
Ed+CindyMaleNew Zealand2009-05-11 19:22:00
K-1 Fiance(e) Visa Process & ProceduresTravel to US after packet 4 sent to US consulate
Email and/or call the consulate/embassy now. They may be able to send out packet 3 based on the NOA2 and/or NVC case number prior to receiving the actual case.

Explain you situation. Sometimes they are nice and can pull in your interview date and expedite paperwork.

We have found dealing with the consulate and state department to be night and day compared to USCIS.

I don't know about Paris, but Auckland has been great with expediting our case. We told them about our long NOA2 and the story of my fiance not being allowed to visit me because CBP turned her back. They are quite helpful getting visas for legitimate people quickly. My fiance and I also lived together before filling for the K-1 and Auckland understands how hard the last 8 months have been being separated after years together.

People aren't heartless (at least not the State Department in VWP countries). They will hopefully help you out. Having a baby is a good reason to ask for help. It would be a shame for you not to be there.

Edited by Ed+Cindy, 13 May 2009 - 10:48 AM.

Ed+CindyMaleNew Zealand2009-05-13 10:46:00
K-1 Fiance(e) Visa Process & ProceduresDo i have this right?
QUOTE (SamAndDorothy @ May 13 2009, 03:40 PM) <{POST_SNAPBACK}>
Hello:)


My first post so dont throw rocks at me yet?


My question is,i am trying to get all the paperwork done before the noa2,except the i-134.I have already brought her a complete copy of my w-2 and a copy of my taxes.We filled out the 156k,157,ds-230 part 1 and 2.So we both have copies of all of that.

So,the only thing we have left is the 156 and the i-134?


Some of it will be consulate specific. Once you get packet 3 from Manila, it will tell you exactly what they want back, or you can read the reviews on Manila here and they might list the items exactly.
Ed+CindyMaleNew Zealand2009-05-13 17:49:00
K-1 Fiance(e) Visa Process & ProceduresJust called USCIS and got some stranger info
QUOTE (dcrespo314 @ May 13 2009, 01:42 PM) <{POST_SNAPBACK}>
I called USIC about two minutes ago to ask them a question about roughly how much time it will take for the NVC to send me the paper work that i need for the interview, the guy that I was talking to told me once my K1 visa application is approved by them it goes straight to the Embassy NOT the state department... Im not complaining in anyway because if thats true i save 2 months of waiting but have any of you heard this b4? im thinking about calling again and talking to someone else to see if its true


I never once bothered to call USCIS during this whole process. You get no useful information from them.

Wait till you have your NOA2 and call NVC with the file number from USCIS and they will tell you when it was sent on.
Ed+CindyMaleNew Zealand2009-05-14 10:20:00
K-1 Fiance(e) Visa Process & Proceduresplss need ur help guys what we gonna do on this problem.
QUOTE (babykim @ Mar 27 2009, 06:34 PM) <{POST_SNAPBACK}>
Hello guys I’m here again because we really tired and sick waiting imagine we file our petition last october 7 2008 and got our NOA1 last october 10 2008 but until now we dont heard anything from USCIS for our NOA2.some of my friends they got approved already oct,nov,dec,jan filer there already approved.can u help us how to fix this problem? crying.gif crying.gif crying.gif ur help is a big help on us..God bless on us..


We have a October NOA1 date too, and are still waiting sad.gif
I think there is one other couple on the October CSC filers thread still waiting besides us (from Taiwan I think).
Hopefully soon for us all smile.gif

Edited by Ed+Cindy, 06 April 2009 - 04:39 PM.

Ed+CindyMaleNew Zealand2009-04-06 16:35:00
K-1 Fiance(e) Visa Process & Proceduresdoes having a shared child speed up the k-1 process?
QUOTE (Gary and Alla @ Apr 15 2009, 03:10 PM) <{POST_SNAPBACK}>
No. But a 1-1/2 year old is excellent primary evidence you met in the last two years. Better than photos even..


No necessarily, if you do the math, 1 1/2 years + 9 months > 2 yrs tongue.gif

Edited by Ed+Cindy, 15 April 2009 - 05:59 PM.

Ed+CindyMaleNew Zealand2009-04-15 17:59:00
K-1 Fiance(e) Visa Process & ProceduresK-1 and Class A Misdemeanor charge.
QUOTE (yoyoma @ May 15 2009, 03:02 PM) <{POST_SNAPBACK}>
My ex-gf cheated on me and I was mad and I slap her. Damn after almost 20 yrs still come back haunted me.


I understand now. You should have mentioned this at the start of this thread.

I suspect you will have problems with the petition, but maybe not. You probably want to talk to a lawyer (not your sister) who knows more about immigration.

An arrest WILL show up on the background check (even if case dismissed). I know because my arrest showed up for another FBI check when I requested my record for my New Zealand residency application. USCIS will see the arrest and I don't know how they will handle it since is seems like a domestic assault charge.

Also, an expunged file will probably not be removed from federal records. I'm not 100% sure, but I think an FBI check will still show them.

Good luck with this.

Edited by Ed+Cindy, 15 May 2009 - 05:20 PM.

Ed+CindyMaleNew Zealand2009-05-15 17:16:00
K-1 Fiance(e) Visa Process & ProceduresK-1 and Class A Misdemeanor charge.
QUOTE (yoyoma @ May 14 2009, 08:50 PM) <{POST_SNAPBACK}>
QUOTE (JimVaPhuong @ May 14 2009, 08:13 PM) <{POST_SNAPBACK}>
QUOTE (yoyoma @ May 14 2009, 05:23 PM) <{POST_SNAPBACK}>
I just spoke to my sister whom is a lawyer. She told me that I don't have to check mark on the conviction. Since my case was dismissed after I completed the requirement. She told me to file a expunge record at the court house. But, she said the arrest record will be in my file for life.


Is your sister an immigration lawyer? If not, get a second opinion.

http://www.arctec.com/imbra.html

I was convicted of attempted manslaughter in 1999, but I took “deferred adjudication”, which the judge and my criminal lawyer assured me would result in my record being wiped clean in 5 years. Now I have a clean record. Do I have to disclose this conviction?
Yes, you do. Deferred adjudications are treated as convictions under U.S. immigration law.


Ok, granted that your assault charge is not nearly as serious as attempted manslaughter, the general guidelines about deferred adjudications still applies.

I'd talk to an immigration lawyer.

BTW, I was wrong when I said you'd need a waiver. A waiver is apparently required only if you've had a previous visa petition denied under the act. If you've never submitted a petition before then you just need to be prepared to explain your case to USCIS sufficiently and see if they'll accept it. If they deny it, then you'll need a waiver to apply again.

You are right, after my sister read over that statement. She told me to disclosed. So I don't have to deal with it later. I guess I have to be truthful with them.



Unless is was an arrest for domestic assault, you don't need to disclose it. Your sister wss right the first time. I already explained this. I have been through this myself. Having a case dismissed is not deferred adjudication.

BTW, I had a lawyer prepare my K-1 too.

Edited by Ed+Cindy, 14 May 2009 - 11:25 PM.

Ed+CindyMaleNew Zealand2009-05-14 23:22:00
K-1 Fiance(e) Visa Process & ProceduresK-1 and Class A Misdemeanor charge.
QUOTE (JimVaPhuong @ May 13 2009, 09:12 PM) <{POST_SNAPBACK}>
The instructions on the I-129F says that IMBRA relevant crimes needs to be reported "even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record."

You really need to talk to a lawyer about this.


This is incorrect. Being arrested does not mean you committed a crime. Being convicted means you committed a crime. Anyone can be arrested and charged with anything a police officers feels like. That does not indicate you did it. You must be convicted of the crime.

He doesn't need a lawyer or need to do anything at all. A dismissed case means he committed no crime.

Ed+CindyMaleNew Zealand2009-05-14 13:54:00
K-1 Fiance(e) Visa Process & ProceduresK-1 and Class A Misdemeanor charge.
QUOTE (yoyoma @ May 13 2009, 06:08 PM) <{POST_SNAPBACK}>
I have a Class A Misdemeanor charge. And this was a assault charge in 1992 and the case was dismissed. I wonder if this will count against me, even I submitted all the recordrequired on I-129f form. I want to know if anyone like me or how they deal with it.

A dismissed charge will not count against you.

(I was arrested and charged with a misdermeanor in 2002. It was dismissed in court. It did not affect anything, except the arrest record may flag you for secondary security checks).

A lot of the advice given above is incorrect. There is nothing to do on the I-129F because you were not 'convicted'. They only care about convictions. You do not need to mention anything on the I-129F about this.

Edited by Ed+Cindy, 14 May 2009 - 01:49 PM.

Ed+CindyMaleNew Zealand2009-05-14 13:45:00