ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresTO FOIA OR NOT TO FOIA
This is a common thing, once an I-129F or I-130 petition is filed, intent to immigrate is indicated on DHS systems, and in many cases entry to the USA is denied. This will have NO affect on eventual processing for the visa at the consulate.

http://www.visajourn...cation.html#4.6
YuAndDanMaleChina2010-12-14 13:36:00
K-1 Fiance(e) Visa Process & ProceduresK2 Visa Questions! help please =)
K-2 cannot get a SSN until after they have Green card or EAD card.

You simply follow the normal AOS guide.

http://www.visajourn...content/k1k3aos

Attach a copy of parent's K-1 NOA-2 approval letter, copy of your marriage cert, copy of K-2's birth cert showing relation to parent,
YuAndDanMaleChina2010-12-15 12:24:00
K-1 Fiance(e) Visa Process & ProceduresDo I need to bring all the supporting doc to the states?
Bring supporting docs like I-134, you can recycle the evidence used for this when adjusting status and attach to the I-864.

We did leave behind the pile of emails/chats etc.

Also get a few extra Birth Certs+ Translations, they will be needed later.

For more info on China Immigrations go here: http://candleforlove.com

Edited by YuAndDan, 15 December 2010 - 04:29 PM.

YuAndDanMaleChina2010-12-15 16:28:00
K-1 Fiance(e) Visa Process & ProceduresDate G-325A doesn't fit.
Yes perfectly OK to do that, simply write out date above or below that incorrectly displayed date.
YuAndDanMaleChina2010-12-19 17:15:00
K-1 Fiance(e) Visa Process & ProceduresDeath in family
Sorry to hear that.

It is unlikely that USCIS would expedite for that reason but you can always try (The Humanitarian reason may work)

Expedite Criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The burden is on the applicant or petitioner to demonstrate that one or more of the expedite criteria have been met. The criteria are as follows:

  • Severe financial loss to company or individual
  • Extreme emergent situation
  • Humanitarian situation
  • Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
  • Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
  • USCIS error
  • Compelling interest of USCIS
If you have already filed your application or petition:

You can make an expedite request by contacting the National Customer Service Center (NCSC) at 1-800-375-5283. The NCSC will take a “service request” and forward your expedite request to the office with jurisdiction over the application or petition. You also have the options of 1). visiting your local office by scheduling an InfoPass appointment or 2). writing a letter to the local office or service center.

http://www.uscis.gov...00045f3d6a1RCRD

You can always try for a B-Visa, but again having a K-Visa in process is immigrations intent and the consulate may simply deny even with this issue.
YuAndDanMaleChina2010-12-20 15:10:00
K-1 Fiance(e) Visa Process & ProceduresThe Fear

The other option is to shoot for a date waaaay in the future, that short of an act of terrorism or God you'll comfortably make. You only need to be legally married for your K-1 requirements. The USCIS don't care if you're stark naked and conduct the entire ceremony in clingon, as long as it's legal in whatever state. Family and friends don't have a clue whether you're legally married or not. The ceremony part is the lovey-dovey stuff, so make the legal one as clinical as possible and keep the fun stuff for the celebration.

Yep, can always do the court house marriage shortly after entry on K-1 file AOS, and plan a large ceremonial marriage that take place much later.

In our case my wife had her green-card through AOS before we had a wedding party.
YuAndDanMaleChina2010-12-21 11:05:00
K-1 Fiance(e) Visa Process & ProceduresThe Fear

Im a Frustrated Vermont July Filer. Given the current position Ive decided to book our wedding for August 2025 and you are all invited.. might be tight but heres hoping!! :star:

:thumbs: I like the spirit! It WILL happen for you sometime!
YuAndDanMaleChina2010-12-20 14:28:00
K-1 Fiance(e) Visa Process & ProceduresThe Fear

I'm making plans for my wdding even though we haven't received the NOA2 yet. When I talked with vendors I'm explaining the situation and making sure that they can work with me if I have to change the date. Some I've talked to have worked with military families before for things and understand that the date can't be set in stone due to the circumstances.

This is not a problem as long as you are working with people that are flexible.
YuAndDanMaleChina2010-12-20 14:18:00
K-1 Fiance(e) Visa Process & ProceduresThe Fear

Actually, Dan's post was THE MOST helpful for two major reasons. One, others will read this later and learn from your mistakes. Second, you now can face the fact ONCE that you made this mistake, cancel the wedding plans, then make no more plans that require non-refundable deposits until the visa is in hand. This inconvenience is part of the territory when planning to marry a foreigner after obtaining a K1 visa. Join the club. Every other member here either went through it with a fiancee or spouse.

Yep, K-1 here, NO plans until after we had visa in hand. Especially in our case, the consulate we dealt with LOVES to hand out denials for the NON-Bonafide Relationship excuse.
YuAndDanMaleChina2010-12-20 11:34:00
K-1 Fiance(e) Visa Process & ProceduresThe Fear
Never make wedding plans before getting a K-1 visa, delays are unpredictable.

I have seen time and again where people make plans only to have to adjust them sometimes at great expense when they do not get the visa in time.
YuAndDanMaleChina2010-12-20 10:30:00
K-1 Fiance(e) Visa Process & ProceduresG325A- EMPLOYMENT QUESTION
If volunteer work paid an income I would list, if not then perhaps not, unless this was during a period of unemployment.

Edited by YuAndDan, 22 December 2010 - 12:53 PM.

YuAndDanMaleChina2010-12-22 12:52:00
K-1 Fiance(e) Visa Process & ProceduresBeneficiary's Birth Certificate and Passport Photocopy
1) US Citizen Birth cert, or Full copy of passport is used to establish being a US Citizen, is a requirement of I-129F. I-129F can only be filed by a US Citizen.

2) If using to establish US citizenship then it will serve both purposes (Full copy all pages including cover), but if using for just trip evidence, then just Bio page and pages showing visa and entry exit stamps. Some go as far as getting the copies notarized to show that is their passport and not someone else.
YuAndDanMaleChina2010-12-22 16:47:00
K-1 Fiance(e) Visa Process & ProceduresK-1 visa - Foreigner able to travel to home country after marriage?

Thanks so much for both of your advising! I'm sure he will be very happy to hear what both of you have said. I would imagine it would be scary trying to decide which answer you need to give.. yes or no. Yes, give up citizenship because the embassy might not approve you if you say no, or realizing that you are going to get stuck on a technicality if you agree to give it up. I would have thought that you could still travel into Panama being a new United States Citizen but apparently after these people gave up their citizenship, one woman hasn't been able to visit her family there for about 11 years now. So, it is okay to keep more than one passport from different countries? How do you properly use them both? Is there anything special that needs to be done for that?

US embassy is NOT asking any immigrant to give up citizenship, K-1 is considered to be a NON-immigrant, and even a CR-1 spouse is an Immigrant but does not become a US citizen, they are a resident of the USA.

Only if and when a person decides to become a US Citizen and naturalizes this may be the case.
YuAndDanMaleChina2010-12-21 22:22:00
K-1 Fiance(e) Visa Process & ProceduresK-1 visa - Foreigner able to travel to home country after marriage?
Sure can travel home after marriage, HOWEVER doing so without a green-card or an AP document (Before green card) WILL require you to file an I-130 for a spouse visa in-order to immigrate and get a green-card.

Normal order of operations on a K-1:
  • Enter USA
  • Marry
  • Apply to adjust status (File I-485, I-765 and I-131 (FOR AP DOC))
  • Receive AP doc or Green-card
  • AT this point can travel to home country using AP doc or green-card whichever arrives first.

FAQ: http://www.visajourn...sa-aos.html#6.7
YuAndDanMaleChina2010-12-21 18:21:00
K-1 Fiance(e) Visa Process & ProceduresWaiting in Brazil!? Help!
You can only be married once, either there or in USA, if married there, you will NO LONGER BE FIANCEES and the K-1 will be NULL and VOID. K-1 is for fiancees NOT MARRIED people..

You can always have a "Ceremony" as long as local authorities do not consider it to be a LEGAL marriage, in some places even a symbolic marriage is considered to be LEGALLY BINDING and US Law considers this to be MARRIED.
YuAndDanMaleChina2010-12-21 17:58:00
K-1 Fiance(e) Visa Process & ProceduresQuestions about Evidence to send with I-129f
A cover letter is simply an inventory of package contents. Sample: http://www.visajourn..._for_I-129F.doc

1) Matter of fact, Just the facts, including dates. Example met on line date, traveled to meet in person date, decided to engage date...

2) One page is fine.

3) Marriage date is contingent on approval of visa so is hard to set a date, simply stating will marry within 90 days of entry on K-1 is sufficient.

Yes relationship evidence is good.
YuAndDanMaleChina2010-12-23 13:05:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa, K4 Child - S. Korea
Note: You are talking about a K-2, not a K-4. K-4 is a child of a K-3 spouse visa.

Without parental consent and a foreign passport, there is no K-2 visa.
YuAndDanMaleChina2010-12-23 15:07:00
K-1 Fiance(e) Visa Process & ProceduresFiancee's local consulate does not process immigration visas
They will send to appropriate consulate.
YuAndDanMaleChina2010-12-22 17:41:00
K-1 Fiance(e) Visa Process & ProceduresUSPS Couldn't deliver packet.
This is a normal error, it is reported time and again in the forums. They report this anytime a package is delivered to a PO Box, it WILL be picked up.
YuAndDanMaleChina2010-12-23 12:59:00
K-1 Fiance(e) Visa Process & ProceduresHelp Got NOA2
Petition gets sent to NVC where they will then send to consulate with in a few weeks.

Start gathering things that will be needed at the interview..

I-134 + Financial stuff (3 years IRS returns, pay stubs, employer letter)

Foreign birth cert
Foreign police record...

MORE: http://www.visajourn...pplication.html

Edited by YuAndDan, 23 December 2010 - 04:49 PM.

YuAndDanMaleChina2010-12-23 16:47:00
K-1 Fiance(e) Visa Process & Procedures; NOA1 "place of birth: unknown" (beneficiary)
This should not be a problem, birth place WILL be established at time of visa interview when Birth Cert is presented to the consulate for visa interview.
YuAndDanMaleChina2010-12-21 17:05:00
K-1 Fiance(e) Visa Process & ProceduresSSN to get Married?

Hmmn... from reading this thread.. it seems like it varies from state to state.

Very Good!! Many things come under "State's Rights" This federal law is loosely interpreted by the various states.
YuAndDanMaleChina2010-12-30 09:01:00
K-1 Fiance(e) Visa Process & ProceduresSSN to get Married?
Been reported in the news often.

NASHVILLE, Tenn. - A federal law that requires people to supply their Social Security number when applying for a marriage license has forced thousands of couples around the country, particularly illegal immigrants, to put their wedding plans on hold.

The law has been on the books for about a decade and was intended to make it easier to collect child support payments. But in some places it has prevented even legal immigrants and some American citizens from getting married.

Some couples are traveling to other states or other counties willing to issue them marriage licenses.



http://www.freerepub...s/1865107/posts

Under federal law 42 USC Chapter 7, Subchapter IV, Part D, Sec. 666(a)(13), enacted in 1996 to improve child support compliance.

(13) Recording of social security numbers in certain family matters.? Procedures requiring that the social security number of?
(A) any applicant for a professional license, driver?s license, occupational license, recreational license, or marriage license be recorded on the application;

http://www.law.corne...66----000-.html

Many states take that law literally and REQUIRE SSN from any applicant for any "License" be it for marriage, fishing, driving, etc...

Again this IS why K-1 is allowed to get SSN within the 90 days of entry on the visa. K-2 and K-4 are children and are not getting married, and K-3 is already married so do not need SSN.

Edited by YuAndDan, 20 December 2010 - 07:48 PM.

YuAndDanMaleChina2010-12-20 19:46:00
K-1 Fiance(e) Visa Process & ProceduresSSN to get Married?
The main reason a K-1 can get SSN, and the other K-Visas (K-2,3 and 4) cannot get SSN is the reason you indicated, some states require SSN before they will issue a marriage license.

So yes if MN requires SSN, then go to SSA and apply for a number, and then when you have the card, get a marriage license.

Moving topic.
YuAndDanMaleChina2010-12-20 16:57:00
K-1 Fiance(e) Visa Process & ProceduresUS Citizen Expat / is K1 appropriate?
I would be filing the I-129F much earlier than March, USCIS has been taking upwards of 5 months just to approve the petition and that does not include transit through NVC (~1 month) and handling at consulate (~1 month?).

1) You do not need to be physically in the USA to mail this to USCIS, you can mail it from overseas, or mail it to a friend in the USA and have them pop it into the mail for you.

2) Yes, you could use K-1 to come to USA and marry, and then NOT adjust status and then later file an I-130 DCF to the consulate over there for a Spouse Green-card visa when you do finally decide to immigrate to the USA.

3) Odds are slim for 6 months, I would be filing NOW, also NEVER, NEVER, NEVER plan a wedding anticipating a visa approval before a certain date.

4) Can always try for a B-2 tourist visa, it is CHEAPER, and your intent is to NOT remain in the USA after marriage, only you NEED to prove that there is NO intent to immigrate. Only other complexity is some states require SSN before issuing a marriage license, K-1 can get SSN, B-2 cannot.

One other BIG requirement is you need to provide an I-134 for the K-1, the I-134 REQUIRES US Domicile, and evidence of US income, you could get a joint sponsor in the USA able to also provide an I-134. B-2 does not have this requirement.
YuAndDanMaleChina2010-12-31 13:29:00
K-1 Fiance(e) Visa Process & Proceduresphysical address or permanent address on 129F

Hey THANK YOU BIG TIME! Im not PR here..just working. I'll take you up on your advise. Thanks again =)

In this case interview will happen in your home country, you need residence to get interviewed in Singapore.
YuAndDanMaleChina2011-01-02 06:56:00
K-1 Fiance(e) Visa Process & Proceduresphysical address or permanent address on 129F
Are you a resident of Singapore, have a residency permit for Singapore then use Singapore address for 2 and 15

If you don't have residency in Singapore Then:

Part B 2 should be your address of Citizenship, B 15 is where you are living now Singapore
YuAndDanMaleChina2010-12-31 16:06:00
K-1 Fiance(e) Visa Process & ProceduresWe still havent received our NOA2

Hi all,

I hope you all had a good Christmas period and new year.

So my I-129f application was accepted back on August 17th and as of yet my fiancé and i still have not received our NOA2.

As we are approaching out 5month estimate time im beginning to get very paranoid. Could it be that we are likely to hear back soon or is there something we can do?

Any help would be great as im very worried by the fact we havent heard anything.

Many Thanks

Rhys

We are in the same boat. They received our files at the same time as yours. I did have an RFE, but that was fixed.
Ours went to VSC, so it looks like the holidays slowed the process at both places.

Edited by Hm2ski, 19 January 2010 - 06:54 PM.

Hm2skiMaleEthiopia2010-01-19 18:52:00
K-1 Fiance(e) Visa Process & ProceduresLiving in two countries
QUOTE (shapestupendous @ Mar 2 2009, 05:02 PM) <{POST_SNAPBACK}>
Thanks. I have read a ton of stuff online, including this site, but over time it just confuses me more. I have never seen anything that really address what I want, since everything is targeted torwards people who want to live in the US the rest of there life.

If I get her the K-1 visa, and she lives here for a couple of years on a green card...then we move to japan... will she be able to get another green card in the future if we apply? Or will she be denied based on losing it before? Basically, am I going to screw up our future if I use the K1 just for a few years. Would it be better for us to just live apart during this time?
You will need to apply for a spousal visa to do that, if you live in the other country for more than 6 months as a resident you could file I-130 for the visa.

Note, a green-card holder can leave the USA for up to 2 years, if they apply for a re-entry permit (File I-131), and maintains US domicile, such as file IRS returns every year, maintain a US mailing address, and other evidence that time away from USA was temporary.

QUOTE
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:
  • Move to another country intending to live there permanently.
  • Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
  • Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
  • Fail to file income tax returns while living outside of the US for any period.
  • Declare yourself a ?nonimmigrant? on your tax returns.

Edited by YuAndDan, 02 March 2009 - 05:19 PM.

YuAndDanMaleChina2009-03-02 17:18:00
K-1 Fiance(e) Visa Process & ProceduresLiving in two countries
Green-card is for for a Lawful PERMANENT Resident of the USA. Notice I stressed the word PERMANENT?

US Citizenship may be the only option, but will need to get a resident visa for Japan.

Japan does not allow dual citizenship.

http://tokyo.usembas...tacs-7118b.html


YuAndDanMaleChina2009-03-02 16:20:00
K-1 Fiance(e) Visa Process & Proceduresquestion 18
We kept it simple and jsut kept to the facts.
YuAndDanMaleChina2009-03-02 11:43:00
K-1 Fiance(e) Visa Process & ProceduresCrossing with K1 Visa at POE
Yes, you can have a family member along who will be visiting.
YuAndDanMaleChina2009-03-02 11:46:00
K-1 Fiance(e) Visa Process & ProceduresK-1 requirement, meeting within 2 years
Very strict about this, and the consulate can be stict about long lengths of time apart, it would be advisable to visit your finacee again before filing the I-129F

Long periods of separation is a big red-flag
YuAndDanMaleChina2009-03-02 19:50:00
K-1 Fiance(e) Visa Process & Procedureshow long from NOA1 to interview?
http://www.visajourn...t...nd&dfile=No

Please fill in your profile with what you filed for and country: http://www.visajourn...h...rCP&CODE=01

http://www.visajourn...le.php?id=62947 timeline.gif (Click My Assistant above and select update profile)
YuAndDanMaleChina2009-03-03 10:29:00
K-1 Fiance(e) Visa Process & ProceduresPossible for petitioner to enter US during k1 petition time for business trips?
FAQ: http://www.visajourn...cation.html#4.6
YuAndDanMaleChina2009-03-04 17:00:00
K-1 Fiance(e) Visa Process & Proceduresk1
Yep, it slows things down, they stop working on the case until they get the RFE back.
YuAndDanMaleChina2009-03-04 19:42:00
K-1 Fiance(e) Visa Process & ProceduresSimple Question - What is a touch?
Read the pinned topic at the top of this forum please:

http://www.visajourn...p?showtopic=300
YuAndDanMaleChina2009-03-04 14:06:00
K-1 Fiance(e) Visa Process & ProceduresMy experience visiting with VWP with K1 pending....
You may want to post it here too:

http://www.visajourn.../poereviews.php
YuAndDanMaleChina2009-03-04 19:19:00
K-1 Fiance(e) Visa Process & ProceduresIs this a problem??? G-345 form
QUOTE (pushbrk @ Mar 4 2009, 08:06 PM) <{POST_SNAPBACK}>
QUOTE (jasman0717 @ Mar 4 2009, 04:55 PM) <{POST_SNAPBACK}>
I hope that was a joke about white out. Never white out official documents like the USCIS forms.


It's not a joke and it IS perfectly alright to do so.
Yep, lets see I made a mistake, so lets see this stuff called "White Out" what is this for? oh yea to correct mistakes on preprinted forms! That it!

YuAndDanMaleChina2009-03-04 21:15:00
K-1 Fiance(e) Visa Process & ProceduresIs this a problem??? G-345 form
You can white out the line and redo in all Caps, on the G-325A forms
YuAndDanMaleChina2009-03-04 19:28:00