ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresNaive question perhaps

Well why complicate? In order for her to return to the US after you leave you're gonna have to go thought the K3 process. Do you plan on not live in the States? Because after you get married and leave the States and you decide to go back together to the States she's gonna have to start a long K3 process, they won't let her enter with a tourist visa anymore, am i wrong?


Well, firstly it's not me who's proposing this.

But my comments were entirely relevant to OP, who wishes to return, with his wife, to Ukraine after marriage.

Consider this:

They do a long K1 process. She enters the USA, they marry, and she leaves soon after. In that case the K1 will have been a waste of time - she'll still need to apply for a CR1 (and, optionally, K3). So I don't think that raising these points is a needless complication.

Of course, if they intend to travel to the US, marry and settle there (with no intervening time in Ukraine) then K1 is the only legal option.
antoneNot TellingUnited Kingdom2006-05-26 10:06:00
K-1 Fiance(e) Visa Process & ProceduresNaive question perhaps

I think what they mean by that is that they don't want people getting in the states with tourist visa to get married. If you plan on getting married, if you're already engaged your fiancee should enter the states with a K1 visa not a tourist visa. If they let you get in the states with a tourist visa with the purpose of getting married it will be going against this hole K1 visa process. People would start getting in the states with a tourist visa (way faster to get than a K1 visa) to get married. Not that they don't already do, but it's not the legal way to go. Good luck! (F)


Just to be clear - it is settling in the US after entering with a tourist visa that is the problem. If the intention is to visit for a short time, get married, then leave again, it's not illegal.

The purpose of a K1 is for settlement. If the foreign fiancee does not intend to live in the USA (at least, not at this time) then K1 is not the way to go.
antoneNot TellingUnited Kingdom2006-05-26 09:44:00
K-1 Fiance(e) Visa Process & ProceduresNaive question perhaps

I thought I did. I followed up asking to clarify and citing reply from CBP.gov... lets see what they say this time...


Well, good luck. Let us know what they say.
antoneNot TellingUnited Kingdom2006-05-26 09:24:00
K-1 Fiance(e) Visa Process & ProceduresNaive question perhaps

Oh, darn, just received this from Kiev Consulate.. who is right and who is wrong?
-----------------------------------------------------------------------------------
Dear Mr.
Please be informed marriage in the U.S. is possible on fiancee visa
only. Information on filing fiancee visa petition is on www.uscis.gov
Some information is also available on http://kiev.usembassy.gov
Sincerely,
Public Liaison Unit
Consular Section
-----------------------------------------------------------------------------------


Hmm. Marriage in the US is, by my understanding, perfectly legal on any type of visa. What is not possible is settling in the US on a visa not specifically intended for this purpose.

In other words, if your fiancee can demonstrate that she (and, indeed, you) will return to Ukraine after the wedding, it should be OK. When you mailed Kiev, did you make it clear that you did not intend to settle in the USA after your wedding?

Usual disclaimers apply - I'm not a lawyer, these are simply my thoughts on the matter.
antoneNot TellingUnited Kingdom2006-05-26 07:52:00
K-1 Fiance(e) Visa Process & ProceduresPre-Application worries

Hello

My fiancee and I are planning to apply for the K-1 Visa soon, but I have some worries which I want to ask people who have been through this and thus, more experienced.

1- My fiancee (she's the one who lives in US) is still going to be a college student during the time we send off the Visa, she will still be a student until the middle of next year when she graduates at the age of 24, will her status as a student damage our chances?

2- My financial situation isn't the best. If I'm lucky, in a year, maybe one and a half years to two, I can raise about 6-8000 pounds. As a student who usually works part-time during term and full time during summer, I'm worried that her financial situations will be the one that really decides it.

3- With the Affaident of Support form, can a family member (say a parent) of the US Citizen fill it out on her behalf?

I just want to know because we've known each other since 2002, we're crazily in love and we can't stand to be apart any longer. Please help answer my questions.


1) Not intrinsically, no. But if she doesn't have a good income, this could be an issue. The mere fact that she's at college shouldn't be a problem.

2) You are correct that her financial situation will be critical. You can use your own cash, though, but I wouldn't like to say how much you would need or how you go about doing this. In most cases, only the US citizens finances are a factor.

3) Yes and no. You can have a joint sponsor, but she will still need to complete the affadavit, as will the joint sponsor. If (say) her parent is willing to help this could be of great assistance to you.

If your fiancee will still be in college once she sends the I-129F(petition) that's no problem. However, when you have to go for your visa interview at the embassy abroad she will need to send her 3 last tax returns accompanied by a letter of employment on company letterhead from her employer. If her financial status is not enuf to support you and her, she will DEFINITELY need a co-sponsor. So maybe you guys may want to look into that right now.
Sweetee


You're fundamentally right, but let's just be clear that 3 years tax returns and employment letter are not absolute requirements at London. The I134 requires proof of income, yes, but not 3 years tax documents. 1 year is generally enough, and alternative proof can be used.

Or have they changed that? If so, could someone tell me so I can stop giving duff advice?
antoneNot TellingUnited Kingdom2006-05-28 18:46:00
K-1 Fiance(e) Visa Process & ProceduresConcerning Packet 3
Your fiance should contact the US consulate in Argentina. The Argentinian Embassy in the US isn't involved in the process at all.
antoneNot TellingUnited Kingdom2006-05-29 01:26:00
K-1 Fiance(e) Visa Process & ProceduresGoing to the US before the K1 is finished
It is possible, yes - there's certainly nothing illegal about it.

But there is always a danger that the immigration officer at your arrival port will be concerned that you may be planning to immigrate prior to receiving the K1 visa. So if you choose to do this, be sure to take as much evidence of ties to your home country (such as mortgage/rental papers, a letter from your employer stating that you're expected back at work) as you can get hold of.
antoneNot TellingUnited Kingdom2006-05-29 03:36:00
K-1 Fiance(e) Visa Process & ProceduresGoing to NVC
It was about 10 days in our case, but others have said it's taken longer. That was about 18 months ago.

No easy answer to "timeline" questions, unfortunately.
antoneNot TellingUnited Kingdom2006-05-29 04:26:00
K-1 Fiance(e) Visa Process & ProceduresCan USC attend the interview
The answer is "maybe". It depends on the policies of the interviewing consulate. You could contact this consulate and ask what the situation is.

It may also be worth asking at the appropriate VisaJourney regional forum, where you'll find others that have dealt with the same post.
antoneNot TellingUnited Kingdom2006-05-29 03:40:00
K-1 Fiance(e) Visa Process & ProceduresPLEASE HELP: Tourist visa rather than K1 visa

Hi everyone,

Have any of you tried to get a tourist visa (for the fiance) rather than going through the entire process to get a k1 visa? I mean, if you obtain a tourist visa, you can actually enter the U.S. and get married, without any problems, right?

I was just asking because my fiance and I are considering all possibilites before embarking on this k1 visa journey, which seems to take quite a bit.

:yes:


If the intention from the outset is to get your fiance a tourist visa, then have him/her enter the US, marry and settle there, I can only say one thing: DO NOT DO THIS!

It is, quite simply, immigration fraud. A tourist visa is issued on the basis that the foreign citizen is not planning to immigrate. Could you possibly get away with it? Well, some people do, I suppose, but I don't believe anyone here would recommend attempting to deceive the USCIS.

Where the confusion may arise is that it is possible to adjust status from B1/2 visa to resident, but it's illegal if that was the plan all along.

Another confusing factor - it's not illegal to have her enter on a tourist visa with intent to marry, then leave after the wedding and apply for CR1 from her own country.
antoneNot TellingUnited Kingdom2006-05-30 02:26:00
K-1 Fiance(e) Visa Process & ProceduresI will leave US without advanced parole

so you think I should get CR1/IR1 instead K3? the prospects of getting my green card fast after that are really nice :) :dance:


Well, there isn't a choice between CR1/IR1 and K3 - if you apply for a K3 you must first apply for CR1/IR1 in any case. It could be worth checking with the website of the US Consulate in Germany to see what their rules are regarding DCF. They won't call it that (that's not the official title) but they may allow it depending on your legal status in Germany.
antoneNot TellingUnited Kingdom2006-06-18 19:46:00
K-1 Fiance(e) Visa Process & ProceduresOverstay on visa waiver
First advice - consult an AILA attorney. What you propose is legal as you described it, and can be done, but you should really seek professional assistance.

The overstay may not be an issue, but I wouldn't like to offer definitive advice here.
antoneNot TellingUnited Kingdom2006-05-07 21:03:00
K-1 Fiance(e) Visa Process & ProceduresDo I look at NSC statistics or CSC???
Not sure of the answer - see which office sends the paper NOA1, maybe?

The big question really is whether these stats are worth the paper they're printed on :blink:
antoneNot TellingUnited Kingdom2006-08-03 17:46:00
K-1 Fiance(e) Visa Process & ProceduresWedding before K1 visa is approved

Thanks everyone for your input. One last question. What if she does not say anything about the wedding during the interview?
How can they find out? Do they run any checks?

Has anyone heard of doing just the religious ceremony in the Russian Orthodox Church?

Thanks


They may or may not check - but the advice you get here will pretty much always be "Don't lie to immigration officials".

If it's not legally a marriage then it's technically OK, but do see the other comments made about COs and CBP officials not believing this. As someone pointed out, it's a lot easier to prove that you are married than to prove you aren't.
antoneNot TellingUnited Kingdom2006-08-04 02:45:00
K-1 Fiance(e) Visa Process & ProceduresHow much support documentation is enough for I129F?

Thanks Bill, you bet I will be double and triple checking all the forms prior to submission. I am just worried about including too much, or too little with regards to proving length of relationship. I do have a reciept for a diamond ring, purchased in United Arab Emirates so I think good idea, I will include it!


You don't actually need to prove the length of your relationship at this point. Your main priority is to prove that you have met in the last two years. I would suggest concentrating on things that will demonstrate this, and save the heavier evidence about the length of your relationship and proof that it is ongoing for the consular interview, when such things may well be important.
antoneNot TellingUnited Kingdom2006-08-04 00:00:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?

Once again, for our purposes it makes no difference whether I eventually receive my EAD and LPR through a K3 or through an AOS application that I would file while I am here on B2. The key is being able to leave and return to the US while the applications are pending, which, according to the links above, is certainly possible, legal and is done all the time.


Basically correct - it is certainly not illegal to enter the US while a CR1/K3 is pending. Whether you are allowed entry by the CBP officer is another question, and that's where the evidence of ties to your homeland comes in. If you do attempt this, make sure you have a strong package of proof.
antoneNot TellingUnited Kingdom2006-08-03 17:43:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?


Because they are not married yet...... and they have evidence of strong ties to Canada....

Kezzie

I have evidence of strong ties to Canada, so that's not a problem. Also, ties to Canada are necessary to establish your non-immigration intent, correct? Doesn't the fact that they are engaged evidences their obvious immigration intent? I am not sure that I see the difference between that and my situation.


If you marry on your current visit and apply for AOS (perfectly legal) and subsequently leave the USA your AOS application will be considered to have been abandoned.

You could marry and attempt to reenter after your honeymoon, but your chances of being turned away are high.
antoneNot TellingUnited Kingdom2006-08-03 17:19:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?

This is a slightly different question. It is not illegal to visit the USA while a K1 is being processed, provided one can demonstrate strong ties to their homeland: a job, property, that sort of thing. Note that people have been denied entry under these circumstances.

Once you are married to a USC (as you will be) the whole balance of assumptions shifts against you - and remember that you need to prove a lack of immigrant intent - they don't have to prove that you have it.

Makes total sense. Please take a look at this then: http://www.visajourn...amp;hl=canadian


Note that OP in that thread was well aware that he needed to show strong ties to Canada to be admitted for a visit. He provided that proof, and (perhaps also important) got a sympathetic CBP officer. Plus, of course, he could show proof of his visa application and the officer was convinced that he would not jeopardise his legal status by immigrating illegally.
antoneNot TellingUnited Kingdom2006-08-03 17:14:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?

Ok, please take a look at the following thread on this forum. Why aren't they having trouble with the "immigration intent"? http://www.visajourn...showtopic=24989


This is a slightly different question. It is not illegal to visit the USA while a K1 is being processed, provided one can demonstrate strong ties to their homeland: a job, property, that sort of thing. Note that people have been denied entry under these circumstances.

Once you are married to a USC (as you will be) the whole balance of assumptions shifts against you - and remember that you need to prove a lack of immigrant intent - they don't have to prove that you have it.
antoneNot TellingUnited Kingdom2006-08-03 17:04:00
K-1 Fiance(e) Visa Process & ProceduresI GOT IT!!! YES!

How do I insert my timeline? I created one in my profile...anyway, here it is manually:

-----------------

3/13/2006.....NOA1
6/28/2006.....IMBRA Sent
7/08/2006.....RFE Receipt
7/11/2006.....Touched
8/03/2006.....Touched
8/03/2006.....NOA2


If you want your timeline to appear in every post you make, go to "My Controls" and then "Edit Signature" and enter it there.

And congrats to you :dance:
antoneNot TellingUnited Kingdom2006-08-04 01:51:00
K-1 Fiance(e) Visa Process & ProceduresName Problem.....

i probably give it a try....what i USCIS reject my petition, could i re-apply for the visa? what could happen to my petiton?


It seems unlikely they would reject your petition - more likely they would issue an RFE so that you could clarify matters. I do not believe there is any reason why you couldn't re-apply if the petition were rejected. Someone else may know better, but I wouldn't think that would be a problem.
antoneNot TellingUnited Kingdom2006-01-28 23:55:00