Forum	Title	Content	Member	Sex	Country	Date/Time
K-1 Fiance(e) Visa Process & Procedures	Can we have a wedding Ceremony prior to receiving K1 visa??	QUOTE (V-G-1 @ Mar 23 2009, 10:44 PM) <{POST_SNAPBACK}> There is a difference between weddings and marriages. K1 is only concerned with legal marriages. Weddings, on the other hand, have to do with ceremonies--and "weddings" without a government-issued marriage cert/license will not be deemed marriage for K-1 purposes, so you should be all set The problem with this theory is that you always have the burden of proof in immigration matters. How are you going to prove that your ceremony wasn't legally binding? The various officers involved, both at the consulate and at the port of entry, may not know the subtleties of marriage law in each jurisdiction. If it comes up that you had some sort of celebration, and if there's room for doubt as to whether that ceremony was a legally binding marriage, you lose.	lucyrich	Not Telling	Venezuela	2009-03-24 11:53:00
K-1 Fiance(e) Visa Process & Procedures	waiver for meeting in person	Just to reinforce what's been said here, coming from a slightly different direction, you should read the administrative decisions regarding fiancee visas. Go to the USCIS website at http://www.uscis.gov. Click on "laws and regulations", then click "administrative decisions" to the left, and click "administrative decisions" at the bottom. Then scroll down to folder "D6 - Fiancees and fiances of US Citizens (K-1)". You can choose a year, say 2008. Then look at the pdf files that come up. These are records of lots of people who have been denied, and then appealed their denials. If you read through a few dozen of them, you'll notice some patterns. By far the most common reason K-1 petitions end up here is for failure to prove the "met in person in the two years prior to filing" requirement. They don't waive this requirement often. Lots of people think they deserve a waiver, but almost nobody gets one. They don't waive the requirement for financial reasons, ever. They don't waive the requirement just because the USC can't travel. The couple has to prove they can't meet ANYWHERE, not in the US, the beneficiary's country, or any third country. Anyone considering a K-1 filing might find it interesting to read through a bunch of these in order to avoid having their own petition end up on that site.	lucyrich	Not Telling	Venezuela	2009-03-17 22:39:00
K-1 Fiance(e) Visa Process & Procedures	Almost approved K1 - can get married outside US?	QUOTE (pushbrk @ Apr 10 2009, 10:15 AM) <{POST_SNAPBACK}> QUOTE (baron555 @ Apr 10 2009, 06:05 AM) <{POST_SNAPBACK}> I do believe she can not leave the US until she has her AP in hand. Of course, she can leave. The problem is getting back in. Yep, that's the issue. US immigration law doesn't imprison her inside the States. She can leave any time she wants, and the two of you can get married anywhere you want. The only problem will come when you try to re-enter the US. The K-1 only allows an unmarried person to enter, and only allows entry one time. The only uncomplicated route is to marry while still in the US, and then file for adjustment of status and/or advance parole, and to avoid leaving the US before having either a green card or an advance parole document in hand. If she enters on a K-1 and then leaves before getting married and either holding the green card or an advance parole document, then she'll have no way to re-enter the US. She'll have to get another visa. You could marry abroad and then file for a K-3 and/or CR-1 visa as a married couple, but that would involve another wait of something like 6-8 months or so. Or you could theoretically remain unmarried and start over and file for another K-1, but that would involve a similar wait to the one you've already been through the first time you got a K-1.	lucyrich	Not Telling	Venezuela	2009-04-13 17:07:00
K-1 Fiance(e) Visa Process & Procedures	fiance visa requirements	QUOTE (WendyM @ May 4 2009, 01:03 PM) <{POST_SNAPBACK}> I've been reading the requirements for applying for the visa. Do I really have to have my fiance's passport photo to include with the forms? Just a clarification: You don't need copies of the photo that appears your fiance's passport. You DO need current up-to-date photos that meet the guidelines for US passport photos (which might be differently sized than the photos used for some other countries). Maybe that was already clear, but just to make sure...	lucyrich	Not Telling	Venezuela	2009-05-04 18:28:00
K-1 Fiance(e) Visa Process & Procedures	Getting married in a different country w/no visa app on file?	QUOTE (baron555 @ May 5 2009, 05:51 AM) <{POST_SNAPBACK}> QUOTE (shawndoc @ May 4 2009, 01:02 AM) <{POST_SNAPBACK}> If you decide to have "just" a religious ceremony, be very careful about NOT mentioning anything about it during the K1 interview or putting photos from the event in with your evidence of relationship. If you do a search on here you will find a number of people who were not legally married, but the embassy interviewer still rejected it based on the fact a ceremony had been performed. Its just going to cloud the issue and give the interviewer one more possible reason to reject your application. Personally I am against any such "ceremony" if you are going the K-1 route. The K-1 is for unmarried people and as stated, depending on the consulate, any ceremony may be viewed as a marriage ceremony, regardless if it is legal or not. Why take the chance? If you are denied because of it, this denial could also cause problems later if you then decide to file for a CR1 or K-3 visa petition (the subject of visa fraud intent might be raised). Why take the chance? Exactly. When you play this game, some of the rules aren't always completely logical, but it's best to learn the rules and plan your strategy so as to avoid coming anywhere close to conflicting with them. To get a K-1 visa, you have to be single. Not only that, but you have the burden of PROVING that you are both single, and not married to each other (or to anyone else). To get a spousal visa (either K-3, CR-1, or IR-1) you have to be married to each other, and you have the burden of proving that you are legally married to each other. Proving that you're married is usually pretty easy. You show a marriage certificate that's been legally recorded by some government clerk. Proving that you're not married can be quite a bit harder. It can be especially difficult to prove at the port of entry. The inspector who processes your paperwork at the border will be in charge of handling the paperwork of people who come from every country in the world. It's unrealistic to expect him/her to be an expert in what does or doesn't constitute a legal marriage in each of the countries of the world. There are places where no formal paperwork is required for a marriage to be binding. Even if you're coming from a country where formal paperwork is really required, how are you going to prove that you didn't file the paperwork? So if you go the K-1 route, you've got to be very sure that no hint of evidence ever comes into the record to suggest that you might be married. If there's doubt, you lose. The easiest way to be sure no such evidence comes into the record is to not have any kind of ceremony that looks remotely like a wedding. It's kind of silly, when you think about it. Both K-3 and K-1 couples have to do pretty much the same paperwork, pass the same background checks and admissibility requirements, and prove the same bona fide nature of their relationships. About the only real "big picture" significant difference between the two is the marital status issue. If you're a K-1 couple, I can't think of any great harm that would come to the people of the United States or the USCIS if you had a little ceremonial non-legal marriage before you enter. Nevertheless, while it may seem like a silly rule that any doubt as to your single status would cause you to be denied a visa and/or denied entry, it IS a very firm rule written into the law, so you've got to live with it.	lucyrich	Not Telling	Venezuela	2009-05-05 16:09:00
K-1 Fiance(e) Visa Process & Procedures	Need your Experties Pls	QUOTE (London bride08 @ May 9 2009, 08:04 AM) <{POST_SNAPBACK}> QUOTE (*Len* @ May 8 2009, 06:33 PM) <{POST_SNAPBACK}> QUOTE (London bride08 @ May 8 2009, 11:37 AM) <{POST_SNAPBACK}> Hi everyone, I am a USC, got married in London in Oct of 08. Filled for I-130, was denied because failed to provide them with a Recorded or Register Marriage Certificate (due to Religious wedding, the Minister was suppose to do it but he did not). Should I apply for Fiance Visa? Since I have already applied for I-130 visa and it was denied, will they reject this as well? Some background: My husband is under Student Visa in UK for last 6 years. We met through our parents. Started our relationship by talking over the phone and by emails. Flew over in London to meet him for the first time face to face, and decided to get married (mine and his family also flew from USA to UK for the wedding). Came back and filled for I-130 but was not successful because the wedding was not registered in UK. Can anyone tell me if there is any way I can get my marriage register there in London, even if I have to remarried. I am going back to London next month, I think I have to stay there for about 1 and 1/2 to get permission to get married in UK with a non-British................. So many questions??? Don't know what to do??? And don't have any FREE $ to give away to USCIS as well. Please HELP. You cannot apply for a fiance visa, you are married. If you try, not only will you be denied; but accused of misrepresentation and be deemed inadmissible. That is something you do not want. As far as how to get re-married in the UK; google is your friend. Thank you for your reply. After I visited my local USCIS office with all my evidence showing that a wedding did held in London but my marriage was not Registered or Recorded with the court, the officer gave me the idea to apply for fiance visa. Per USCIS, I am not legally married, since it was not registered or recorded by civil authorities. And now I don't really know what to do. The USCIS officer said I could apply for fiance visa, I don't know I should or not? This is what USCIS sent me, The message said, "The petitioner responded by submitting: Certificate of Marriage issued by Minister of Religion. However, the petitioner has not submitted a marriage certificate that shows the marriage was registered and / or recorded after the marriage ceremony, as requested by the USCIS. Therefore, a decision has been made based upon the evidence of record (which is denied). Thank you You seem to be interpreting that as meaning you're not legally married per US law. That is NOT what they said. They said you didn't provide sufficient PROOF that you were legally married. So as far as they're concerned, your marital status is in doubt. If they conclusively said you were NOT married, then they would have issued you a lifetime bar for misrepresentation, because you signed the I-130 claiming you were married. The fact that they didn't issue a lifetime bar means that they think there's some chance you were telling the truth, but you just didn't have enough evidence to prove it. Remember that, in immigration matters, you always have the burden of proving your eligibility. If you now want to apply for a K-1, you will have to PROVE you are single. Ordinarily, for most couples, they don't insist on much proof, since with most couples, there's no evidence on the record that they might have been married. But you have the I-130 application on the record, and you have your signed statement saying that everything on it was true and correct to the best of your knowledge. So there is some evidence on the record that you're married. It wasn't enough to approve the I-130, but I believe it will be more than enough to deny you a K-1. Couples have tried applying for a K-1, been approved, and then at the port of entry, an inspector found photos of a non-binding religious wedding ceremony. Those photos were enough to raise some doubt as to whether the couple was married or not. If it appears that they might have been married, they're not eligible to enter on a K-1. They get turned back and told to file K-3. You've got a lot more evidence of marriage than just a few photos. You also have a signed I-130. If you now sign an I-129F that says you're not married, you'll be in a real problem. They'll have to conclude that one of the following three things is true: a) you were lying when you said you were married on the I-130, or b) you were lying when you said you were single on the K-1 I-129F c) you've gotten divorced in the meantime. The only one of those three that won't result in a lifetime bar for you is divorce, but you'll have to come up with the divorce certificate to prove you got divorced after filing the I-130 and before filing the K-1 I-129F. I'd suggest getting the right paperwork to prove you are really married, and then submitting a new I-130 with convincing evidence.	lucyrich	Not Telling	Venezuela	2009-05-10 20:39:00
K-1 Fiance(e) Visa Process & Procedures	Translations for emails	If you're going to submit it to a USCIS service center, translate it. If you're going to keep it for the interview, don't bother. The USCIS rules say that any documents you submit (not just LEGAL documents, all documents) must be translated if they're not in English. The reason for this rule is clear when you understand that the USCIS offices are all located in the US, and every adjudicator is expected to process applications from every country in the world. The staff at the USCIS offices don't necessarily know any languages other than English. Your adjudicator might know English, German, and Farsi, but that won't help him translate your Spanish e-mails, will it? Things change at the interview stage, because then you'll be dealing with a consulate located in the foreign country. The staff at the consulate will know English, and most of them will know the local language, as well. Translation rules at consulates vary somewhat, but most of them don't require translations for documents in the language of the country where the consulate is located. If you submit an untranslated document to the USCIS office, the adjudicator may issue an RFE requesting a translation. That's true even if the untranslated document was an optional additional thing that wasn't really essential for your application. I've seen reports here of RFEs for things like that. Until he sees the translation, the adjudicator doesn't KNOW he doesn't need to read that foreign language document.	lucyrich	Not Telling	Venezuela	2009-05-21 15:33:00
K-1 Fiance(e) Visa Process & Procedures	Catholic wedding and K1	In immigration matters, the intending immigrant always has the burden of proof. It's up to you to prove you're not married in order to receive a K-1 visa, or to enter on one. If there's ambiguity about the issue, you lose. The standard of proof is "via a preponderance of the evidence". That standard is fairly easy to meet as long as no evidence ever comes up to indicate that you might be married. But if evidence comes up to indicate you're married, you've got to counter it with more convincing evidence that indicates you're NOT married. It's not just the issuing official in the consulate who must be convinced you're not married. It's also the CBP inspector at the port of entry. Note that, while the consular officials may be somewhat familiar with local laws (or maybe not), the CPB inspectors have to deal with people coming here from every country of the world. There's no way each CBP official is an expert in all of the possible local laws of every jurisdiction. The CBP officials don't have time to do research. If they think there's evidence you're married, then they are likely to turn you around and send you home to get the right kind of visa for a married couple. They deal with lots of people every day and don't have time to do research. You don't get to appeal their decision. If wedding photos are in your luggage, or if you're wearing a wedding ring at the POE, there could be a problem. Furthermore, note that the game isn't over when you enter the country. You'll have to go through adjustment of status and removal of conditions. At these phases, you may want to show wedding photos as evidence of the bona fide nature of your relationship. But if the wedding photos were from outside the US, or were taken before the date you entered the US, you may have a hard time explaining the discrepancy. Again, at AOS and removal of conditions, you will be dealing with someone who deals with people from all over the world, so you can't assume they'll be familiar with what does or doesn't constitute a legally binding marriage in the country where you had that church ceremony. If it looks like it might have been a wedding, you've got problems. So while it's certainly not a violation of the law to have a non-binding ceremony before entering on a K-1, it nevertheless may cause you some serious headaches for practical reasons. When push comes to shove, how do you come up with documentary proof that you never registered the marriage? If evidence of the ceremony comes up, it'll be up to you to provide this proof. It's safest to always keep your marital status clear and unambiguous. Don't have anything that looks like a ceremony until you're ready to have a legally binding full-blown marriage. If you're going the K-1 route, that means wait until after you've entered the US.	lucyrich	Not Telling	Venezuela	2009-09-09 20:59:00
K-1 Fiance(e) Visa Process & Procedures	Where fiance stays after POE, before wedding	QUOTE (boisestate @ Nov 11 2009, 10:18 AM) <{POST_SNAPBACK}> Thanks for the ideas. Some of those might just work. Regarding the 90 day thing, we just have to be married in 90 days, not file for AOS, right? After the wedding we'll go on a honeymoon (1 week), wait for the certified marriage certificate (2 weeks?), and so may not file for AOS for a month. I thought we just had to be married within the 90 days, not necessarily file for AOS by that time. There is an incentive obviously to get the AOS filed to get AP and EAD sooner, but is there a 90 day deadline? First, I hope the honeymoon doesn't involve crossing international borders. After the 90 days expires, she will be out of status. If you file for AOS a few weeks later, based on a marriage that happened before the 90 day timeline, the AOS will not have any trouble being approved (at least no trouble due to being past 90 days -- I'm assuming there will be no other unrelated problems regarding the AOS). The problem is that, after the 90 days expires, and before you have a NOA1 saying you've applied for AOS, she will be out of status. If she comes into contact with immigration authorities during that window of time, she could have some difficulty. I'd guess it's unlikely she'll run into immigration authorities, but it's prudent to file AOS as soon as practical, and to be careful to avoid behavior that might bring her into contact with ICE officials during the out of status time.	lucyrich	Not Telling	Venezuela	2009-11-11 13:39:00
K-1 Fiance(e) Visa Process & Procedures	Marrying outside US but still coming in K-1 Visa - Possible?	Others have covered the basic issue: a K-1 is for fiancees only, and cannot be used once you are married. If you have something that looks like a wedding but is not a legally binding marriage, then theoretically, you can still use the K-1. But there's nevertheless a problem. In immigration matters, you always have the burden of proving eligibility. So when you reach the port of entry, you have the burden of proving that you are not married. And when you adjust status, you have the burden of proving that you were not married at the time you entered the US. If any evidence is uncovered that indicates you might have been married at the time you entered the US, then you must counter this evidence with more substantial evidence that shows you were NOT MARRIED. Every once in awhile, we hear of a K-1 person entering the US with a wedding ring, or with wedding photos, and being denied entry by the border inspector because the inspector thought the couple was married. Sometimes couples consider themselves married even if the legal paperwork isn't finished, and refer to themselves as husband and wife in front of the inspectors, thus killing their chances of entering on a K-1. Sometimes Border inspectors will innocently ask something like "and when was the wedding?" and trip up a couple to reveal a date. Border inspectors have to deal with people from every country of the world, and they're not always aware of the subleties of what does or doesn't constitute a legally binding marriage in each jurisdiction. If it looks like a marriage, they'll probably turn you away. The safest thing to do is to always keep your marital status unambiguous. Have ONE legally binding wedding. Have as many parties as you want after that legally binding wedding in order to satisfy relatives' desire for a celebration. When dealing with immigration officials, always refer to the date and location of your ONE legally binding wedding as your marriage date and location. It's legally possible to do things differently and have a non-binding wedding party before your legally binding wedding, but it runs some risks.	lucyrich	Not Telling	Venezuela	2009-12-03 14:12:00
K-1 Fiance(e) Visa Process & Procedures	Citizenship	Note that a naturalization certificate isn't the same as a certificate of citizenship. Usually, a certificate of citizenship is given to someone who was born a US Citizen abroad or who became a citizen through the child citizenship act (probably when his/her parents became citizens, or when he/she was adopted). Such a person becomes a citizen through the action of law, but they don't automatically get any paper saying they're a citizen unless such a document is requested. So they (or their parents) file an N-600 to request a certificate of citizenship. A naturalization certificate is given to someone who filed an N-400, took an oath of naturazization and became a citizen that way. So does your paper say "certificate of citizenship" or "certificate of naturalization"? Or do you have both?	lucyrich	Not Telling	Venezuela	2010-01-27 16:38:00
K-1 Fiance(e) Visa Process & Procedures	help us	K visas (K-1 and K-3) are only available to US Citizens. As an LPR, you can file an I-130 to get an immigrant visa for your spouse, but the problem is that, as an LPR, the wait is fairly long. The fastest route is probably 1) Get married. 2) File an I-130 as an LPR. 3) Get your US Citizenship as soon as you're eligible (generally after having held your green card for five years, but you can file the N-400 90 days before this) 4) As soon as you get your citizenship, have your I-130 upgraded. It will have the same filing date as it always did, but it will be processed in the queue with citizen-filed petitions. That probably means you will get an approval with virtually no waiting time after becoming a citizen. 5) Follow the rest of the CR-1 process through the NVC and consulate, just like others do in the CR-1/IR-1 forum.	lucyrich	Not Telling	Venezuela	2010-02-07 23:23:00
K-1 Fiance(e) Visa Process & Procedures	usc visiting foreign fiance	What's the actual "risk" in this? The worst that happens is that they deny the B-2 request, yes? As long as he/she follows the rules if the B-2 is approved, there's no risk to the K-1, is there? He or she has to fly back home for the final interview anyway, right? Just trying to understand as we were going to give this a shot ourselves. We thought the worst that would happen would be a denial of the B-2 or, worse, a denial at the POE. So, outside of the money, we didn't see this as a threat to our K-1 processing... You seem to have a good handle on it. Any time the alien interacts with US immigration authorities, there's some risk of things like misrepresentation, but you can minimize that risk by very carefully telling the whole truth as you attempt to enter the US. Residents of some countries with high fraud rates face such overwhelming odds against approval of a visit that it's probably not worth trying. Residents of other countries with low fraud rates may find it worth a try, especially if the alien can demonstrate strong ties to the home country. But as for the US citizen visiting the alien fiancee, there's no risk from the point of view of US immigration.	lucyrich	Not Telling	Venezuela	2010-02-17 16:27:00
K-1 Fiance(e) Visa Process & Procedures	Certificate of Citizenship: Age when it was issued	Note that it says in the USCIS general guidelines that you should always send photocopies, never originals of anything. You won't get anything back if you send it to the USCIS. Yes, the certificate of citizenship probably says something like DO NOT COPY WITHOUT AUTHORIZATION, but you can copy it for official use.	lucyrich	Not Telling	Venezuela	2010-02-22 23:37:00
K-1 Fiance(e) Visa Process & Procedures	Overstaying visa prior to April 1997	They still need to be mentioned when asked about it, because omitting it would constitute misrepresentation. The misrepresentation could potentially mean a lifetime bar, even if the old overstay wouldn't result in a problem. But as long as the overstay is disclosed, it won't matter. Besides, the longest ban for an overstay is 10 years, so if the alien left the US more than ten years ago, the bar would have run out even if it had been incurred.	lucyrich	Not Telling	Venezuela	2010-02-21 17:23:00
K-1 Fiance(e) Visa Process & Procedures	translation of birth certificates	When sending things to the USCIS, all documents not in English must be accompanied by an English translation. The reason is that the USCIS people handle paperwork from every country in the world. I suspect somewhere in the USCIS, there are some people who speak Spanish, and probably some people who speak German, and others who speak Chinese, and many other languages, but there's no guarantee that the person who processes YOUR paperwork will speak any particular language except English. At the consulate, the people who work there will deal only with one country's applications. So each consulate normally has lots of staff people who speak the local language. Usually, consulates will accept paperwork in the local language or English without translations. Consulates might also check the translation work on translations that were submitted to the USCIS. I don't know if they do or not, but I would certainly want to make sure all translations are accurate enough that they won't find any problems if they look. The USCIS translation rules are simple. Anyone who is fluent can do the translation (even the petitioner or beneficiary). The person doing the translation has to sign a statement saying that the translation is accurate and that he/she is fluent in both languages. The USCIS website's general guidelines page has the suggested language of the certification statement. I did the required translations for our case. There were no problems.	lucyrich	Not Telling	Venezuela	2010-02-25 22:49:00
K-1 Fiance(e) Visa Process & Procedures	About Original Documents	Where the signatures of either of you are required on documents prepared fresh for the immigration process, such as on the petition, the bio information form, and the letter of intent, the signatures must be original. Scanned copies won't work. In order to make sure there's absolutely no doubt that the signature is original, it's best to sign in blue ball point ink, and to place the paper on a slightly soft surface while signing (a magazine will work), so that the signature gets "embossed" into the paper. For many couples, this will mean sending a package via an international courier service, like DHL or something. Supporting documents, such as birth certificates, don't have to be originals. Ordinary photocopies will work fine when you mail the package to the USCIS. You'll bring the originals to the interview for verification.	lucyrich	Not Telling	Venezuela	2010-03-21 22:34:00
K-1 Fiance(e) Visa Process & Procedures	Can K1 Visa be moved to K3	Nope. The K-1 and K-3/CR-1 paths are completely separate (even though they share some forms). The K-1 is for fiancees only. Once you marry, then the alien is not eligible to get a K-1 visa, or if he/she already has the visa, then he/she is ineligible to use it to enter the US. On the day you marry outside the US, the K-1 paperwork becomes invalid and completely useless. The paperwork that was started can't be switched over to be used to get a K-3. If you marry at any time before entry to the US, then you've got to start the process all over from the very beginning as a married couple. File a new I-130, and optional I-129F, along with new supporting documents. That may not be so logical or fair, but that's the way the laws are.	lucyrich	Not Telling	Venezuela	2010-03-22 17:27:00
K-1 Fiance(e) Visa Process & Procedures	am i out of status?	That's correct - (however) - in your hypothetical situation - this person would have 5 years overstay (and if they left after the AOS was denied) - they still have 5 years overstay (since it took them that long to apply for the AOS), so if they attempted to re-enter the US, they would have a ban to contend with. (from my understanding - any time after the AOS was in process, that is not added to the previous overstay). Is that a correct read on this Rich? Yep, assuming they left the US. And they'd probably have to leave after AOS was denied, as removal proceedings would be triggered soon. In this hypothetical, with 5 years out of status time between the end of the I-94 and the beginning of AOS, the question of whether the AOS is approved or denied becomes very important to whether an overstay bar under 9B would be triggered. Whereas if the AOS was filed before the I-94 expired, there would be no period of unlawful presence and therefore no 9B overstay bar regardless of whether the AOS was approved or not.	lucyrich	Not Telling	Venezuela	2010-01-04 18:06:00
K-1 Fiance(e) Visa Process & Procedures	am i out of status?	Yes, the overstay will be forgiven if the I-485 is approved. This may be a minor pedantic terminology quibble, but there's really no overstay to forgive, whether or not the I-485 is approved, as long as it wasn't filed frivolously. From the following DoS cable: http://www.immigrati...ews/news309.htm SUMMARY. IN GENERAL, ALIENS WHO HAVE A PENDING APPLICATION TO ADJUST STATUS TO PERMANENT RESIDENCE UNDER INA 245 ARE CONSIDERED IN A PERIOD OF AUTHORIZED STAY FOR PURPOSES OF INA 212(A)(9)(B) ("9B"). THEREFORE, SUCH ALIENS WOULD NOT ACCRUE ANY UNLAWFUL PRESENCE FOR 9B PURPOSES DURING THE PENDENCY OF THE APPLICATION TO ADJUST STATUS. ... IN GENERAL, ALIENS WITH PROPERLY FILED APPLICATIONS FOR ADJUSTMENT OF STATUS UNDER BOTH INA 245(A) AND 245(I) ARE CONSIDERED ALIENS PRESENT IN THE U.S. UNDER A PERIOD OF STAY AUTHORIZED BY THE ATTORNEY GENERAL. SUCH ALIENS WOULD THEREFORE NOT/NOT ACCRUE ANY UNLAWFUL PRESENCE DURING THE PENDENCY OF THE ADJUSTMENT APPLICATION. THIS RULE APPLIES EVEN IF THE ADJUSTMENT APPLICATION IS SUBSEQUENTLY ABANDONED OR DENIED. On the other hand, in the hypothetical situation where there WAS an overstay (say, the person entered on a tourist visa with a definite expiration date on the I-94, stayed in the US five years beyond that date, and then filed for adjustment of status), then that overstay would be forgiven on approval of the Adjustment. Or more precisely, Congress didn't provide in the law for any penalty for such an overstay, since the admissibility bar for overstay under 9B only kicks in if the alien departs the US prior to obtaining lawful status. Anyway, no worries on staying past the I-94 expiration date if you are waiting for the processing of your adjustment of status.	lucyrich	Not Telling	Venezuela	2010-01-04 17:40:00
K-1 Fiance(e) Visa Process & Procedures	K1 Visa: Marrying outside U.S. once approved?	A K-1 is not "APPROVAL TO MARRY YOU" He does not need approval to marry you from the government. He needs approval to enter the USA, marry you and apply for a green card. You can marry him today, or maybe tomorrow, depends how long it takes you to travel there. It isn't? Pray tell me then what other reason the visa is issued for? As Gary and Alla said, the visa is issued only for the purpose of entering the US legally. A couple can marry without a visa. Most couples do marry without a visa. They can marry abroad, or they can even marry inside the US. True, for some couples, getting INTO the US without a visa could present a problem, and in some cases might or might not involve breaking a law or two that might or might not cause serious immigration difficulties, but it wouldn't cause difficulties in getting married.	lucyrich	Not Telling	Venezuela	2010-03-21 13:49:00
K-1 Fiance(e) Visa Process & Procedures	Birth certificate of foreign fiance	The USC's birth certificate is NOT required. What is required is proof of citizenship, and the birth certificate may be the easiest way of providing that proof in some cases. A passport also works (that's what we used), even if the USC got his/her citizenship via birth in the US. Depending on the facts of the case, a naturalization certificate, consular report of birth abroad, or other paperwork may provide proof of the USC's citizenship. The Alien's birth certificate is not required at the petition stage, but if it omitted, there is a chance that it may be requested via an RFE, causing a delay in the process. If it is submitted and it is not in English, then an English translation must be supplied per the instructions found at this USCIS web page. If a non-English birth certificate is submitted without a translation, then it is extremely likely that an RFE will be issued to request the translation, even if the birth certificate itself wouldn't have been necessary to process the petition. So the choices are: Submit no alien's birth certificate -- possible RFE requesting it with translation Submit alien's foreign language birth certificate without translation -- virtually certain RFE requesting translation Submit alien's birth certificate with translation -- virtually no chance of RFE on birth certificate issue In any of these cases, the alien's birth certificate will be requested at the interview. Consulate rules for translations will apply at the interview. Consulates vary, but most of them won't require translations for documents in English or in the native language of the country where the consulate is located.	lucyrich	Not Telling	Venezuela	2006-02-21 11:49:00
K-1 Fiance(e) Visa Process & Procedures	The RFE Master List	+ Always send in the LONG version of the birth certificate (USC) - not the short one. If you only happen to have the short one, include copies of ALL pages of the passport of the US citizen. That may be excellent advice for some situations, but not "always". In our case, we went through the whole process without ever sending in the USC's birth certificate at all (we used the passport to provide proof of citizenship). Also, some places issue only one form of birth certificate, so there's not always a distinction between "long form" and "short form". Just telling folks they have to file the "long form" may be more confusing than helpful if there is no "long form" option in their place of birth. Finally, some USC's were born abroad, so they don't have the option of using the birth certificate to provide proof of citizenship.	lucyrich	Not Telling	Venezuela	2006-03-06 16:14:00
K-1 Fiance(e) Visa Process & Procedures	Approved!!!		~krakatoa~	Not Telling	0	2007-11-21 13:59:00
K-1 Fiance(e) Visa Process & Procedures	Another approval!!!!!		~krakatoa~	Not Telling	0	2007-11-21 14:01:00
K-1 Fiance(e) Visa Process & Procedures	Sucessfully visited the US while my K1 Visa is pending	Interesting! Glad that you were able to make it back.	~krakatoa~	Not Telling	0	2008-07-07 11:45:00
K-1 Fiance(e) Visa Process & Procedures	Just Curious Question, Anyone filed for hardship for not meeting their fiance?	Agreed. Marriage brings up a ton more problems and issues than a K-1. All the problems that prevent you from meeting won't be resolved with a K-1 and will in fact get a lot worse. Right, both from a right-brained and left-brained point of view. Parental, cultural, and religious mandates might be a reason for an exception to the in-person meeting requirement, but only if both of you intended to follow those mandates during and after your wedding. You can't have it both ways. If the wedding itself would violate the wishes of your parents and/or your religion's mandates, then by filing for the K-1, you will have said that those authority figures do not hold authority over you. That is of course your decision to make, but if you decide that they hold no authority over you, then you can't use their authority to claim exemption from the in-person meeting requirement. Either obey them or disobey them; I don't know you well enough to offer guidance on that point, though I can appreciate that you have some difficult decisions. But don't merely obey them when obedience is convenient, and don't use obedience to their rules as an excuse to try and make it easier to get a visa that will allow you to ultimately disobey them.	lucyrich	Not Telling	Venezuela	2006-02-14 14:15:00
K-1 Fiance(e) Visa Process & Procedures	Just Curious Question, Anyone filed for hardship for not meeting their fiance?	One more thing... If you're seriously interested in the subject and considering pursuing a hardship waiver on the in-person meeting issue, be sure and check out this USCIS Link before filing your petition. It shows the record of a number of final decisions issued by the USCIS regarding K-1 petitions. Theoretically, those cover all kinds of issues, but you'll see that a large number of the K-1 decisions had to do with people who thought they should be eligible for a waiver of the in-person meeting requirement, but the USCIS judged otherwise. Be sure your case has fact that are significantly different than any of those that they've already denied. If the facts of your case look like one of the published cases that were denied, they will most likely follow precedent and deny yours, as well.	lucyrich	Not Telling	Venezuela	2006-02-14 12:56:00
K-1 Fiance(e) Visa Process & Procedures	Just Curious Question, Anyone filed for hardship for not meeting their fiance?	Over the several years I've been following this and other immigration boards, I've seen several people try. I have not seen anyone succeed. I'm sure some people DO succeed, but from what I understand, success depends on either demonstrating that you are both long-time practicing members of an established religion which has a long-established prohibition on the meeting of marrying couples before their marriage, or that it would be an extreme hardship for the US citizen to travel. Extreme hardship usually means at least something like a medical condition that prevents airplane flight, along with an inability to use ground transportation to get to Canada or Mexico, and an inability to take an ocean liner. It's not enough to prove you can't get to your fiancee's country and your fiancee can't come to the US; you must also show that the two of you couldn't possibly arrange a meeting in some third country somewhere. Inconvenience or financial hardship won't work. In fact, if you're too diligent about showing that it's financially impossible for you to meet, then you run the risk of giving them evidence to deny the visa on public charge grounds.	lucyrich	Not Telling	Venezuela	2006-02-14 12:45:00
K-1 Fiance(e) Visa Process & Procedures	which envelope is my fiance not suppose to open?	Correct: the medical report is to be delivered seal intact to the consulate/embassy. Afterwards, the consulate will issue the visa papers in a "mysterious" brown envelope with one corner clipped. This is to be left sealed until the USCIS inspects it at POE/PFI. Correct. But to add to the confusion, at least in our case, the consulate used one big brown envelope to send both the (slightly smaller) mysterious "do not open" brown envelope and the passport with its visa affixed. So we had to open the outer brown envelope to get to the passport and the inner brown envelope. The mysterious brown envelope is clearly and prominently marked "Do not open". The outer brown envelope containing the passport was not so marked, and was addressed to the immigrant. So it IS pretty clear to anyone with a basic command of English. But I remember another couple being so worried about the warnings they'd heard about the mysterious brown envelope that they were afraid to open their outer envelope to get the passport/visa out.	lucyrich	Not Telling	Venezuela	2006-03-27 18:18:00
K-1 Fiance(e) Visa Process & Procedures	Does everything REALLY have to be in ENLISH??	Yes. All official documents must be translated into English. Relationship evidence can usually be in English or the native language. OK so like emails and letters CAN be submitted without translating to English?? It depends on which office you're submitting them to. It does not depend on whether they're "official documents" or "relationship evidence". If you're submitting them to the USCIS, they must be translated. Read this USCIS web page and search for the word "Translation" to find the USCIS rules. EVERY DOCUMENT you send to the USCIS must be either in English or accompanied by an English translation, per those USCIS rules. It's a virtual guarantee of an RFE to submit a foreign language document to the USCIS without a translation. The USCIS offices handle documents from every country in the world, and it's not practical to insist that each officer speak every language, so they insist that documents be translated into English so that they can be read by the officers. The consulate, on the other hand, handles information from only one country. Individual consulates vary, but most can handle documents in English or in the official language of the country where they're located. Contact the consulate to determine their translation policy. BTW, there's usually little reason to submit things like e-mails and letters to the USCIS, but that's a whole separate issue. Relationship evidence is usually submitted only to the consulate, where translation is usually not required. That fact might be the source of the idea that relationship evidence doesn't need to be translated.	lucyrich	Not Telling	Venezuela	2006-03-31 13:18:00
K-1 Fiance(e) Visa Process & Procedures	Can you marry abroad during the K-1 Process?	Some background on the reasons why a non-legal wedding-like ceremony before entering on a K-1 is a bad idea: You always carry the burden of proof in immigration matters. Someone intending to enter on a K-1 must PROVE that they are eligible to enter on the visa, which means PROVING that they are indeed legally single. Marriage laws vary in different countries. In some countries, it doesn't take much formality for a couple to be legally married. Immigration officers aren't experts in every country's marriage laws. So if there is any evidence that you might be married, and if you can't prove for a fact that you're not married, the immigration officer has to deny you the visa, or if a visa has been issued and you're trying to enter the US, you must be turned away at the POE. It's technically legal to enter on a K-1 after you've had a non-binding ceremony. But since you carry the burden of proof, you really want to avoid any doubt about the fact that you're single when you enter on a K-1. If you're going to have multiple celebrations to satisfy relatives in different countries, it's safer to have the legally binding one be the first one. But of course, the K-1 process requires that the legally binding ceremony be held in the US.	lucyrich	Not Telling	Venezuela	2006-06-06 16:20:00
K-1 Fiance(e) Visa Process & Procedures	certificate translate to english ?	The alien's birth certificate isn't required for the K-1 I-129F, but many people recommend you send it, because when it's not sent with the first package, it's sometimes requested later, delaying the process. If you send it to the USCIS with the initial petition, it must be translated. MrMrsKnight had the right info. Anyone with the required ability is allowed to translate and certify that the translation is correct. You can also find that info here. If you don't send it to the USCIS, but instead wait until the interview to show it to the consular officer, then the USCIS translation rules don't apply, and instead you're working under the consulate's rules. Most consulates can accept documents in English or in the native language of the country where the consulate is located.	lucyrich	Not Telling	Venezuela	2006-02-09 16:02:00
K-1 Fiance(e) Visa Process & Procedures	Here's one for the experts	The USCIS does not recognize any agency to certify translators. When a translation is given, the person doing the translation must certify that he/she is competent to do the translation and that the translation is correct. There's no notarized statement or anything else like that needed. The complete guidelines, including a suggested wording of the certification statement, are in The USCIS General Tips Page, among other places. Item D on the I-129F instructions contains the following brief summary of that policy: Translations. Any foreign language document must be accompanied by a full English translation that the translator has certified as complete and correct, and by the translator's certification that he or she is competent to translate the foreign language into English. I did the translation of my wife's birth certificate, and it didn't present a problem whatsoever. I'm not certified -- my formal credentials are limited to two years of college instruction in the language, but most of my fluency comes from lots of informal conversational practice since then. If we had been required to submit a document where subtle shades of meaning in the precise language were crucial to our case, then in order to avoid an appearance of conflict of interest, I probably would have hired someone else to do the translation. But I felt confident that I was translating a routine birth certificate accurately without distorting any of the material facts of our case in the least. Everyone should be prepared for the possibility that translations will be reviewed at the consulate by someone fluent in both languages, so it is in your best interest to make sure the translations are complete, accurate, and not misleading.	lucyrich	Not Telling	Venezuela	2006-08-17 12:30:00
K-1 Fiance(e) Visa Process & Procedures	Fiancee visa or not	Does your J-1 visa have a requirement that you go back to your home country for a time before returning to the US? This is a very important question that you've got to answer before picking a strategy. If not, then marrying and adjusting status, remaining in the US for the entire time, might be an attractive option. If so, and if you want to get married before you leave the US, then you'll be married when you're abroad, so you'd have to apply for a spousal visa. This probably means following the K-3 path (file an I-130 for the CR-1, then optionally file the I-129F for the K-3). The filing will have to wait until you have the marriage certificate in hand after you're married. A K-1 wouldn't work unless you are able to go abroad and get the K-1 before you come to the US and get married. Then after marriage, you'd file for adjustment of status. But assuming your J-1 doesn't require you to leave the US and return, then the act of leaving, getting the K-1, and returning to the US to get married doesn't really buy you anything -- you've still got to apply for adjustment of status, just as you would have to if you stayed in the US the entire time.	lucyrich	Not Telling	Venezuela	2006-10-13 16:32:00
K-1 Fiance(e) Visa Process & Procedures	Immigrant or Non-immigrant Visa?	Yep, it's classified as a non-immigrant visa, but it's for people with immigrant intent, and is processed in many ways like an immigrant visa. In most consular sections, it's processed by the immigrant visa unit. Think about it. A K-3 is a non-immigrant fiancee visa for an immigrating spouse. What other bureaucrazy could have come up with that?	lucyrich	Not Telling	Venezuela	2006-10-27 00:40:00
K-1 Fiance(e) Visa Process & Procedures	Birth Cert. Q	Certificate is to be large, long-form certificate including parents names, correct? Correct. Not all places have short vs. long forms, but where there's a choice, you want a long form with parents names. Question 1: Does this certificate have to be notarized or marked in any way? Vital Statistics will just send me the original copies, but they aren't notarized, just on official paper and whatnot. The certificate you get from the government should have some indication that it actually came from the government. Usually this means a raised or embossed seal of some sort, and perhaps a signature of a government clerk. If it has some indication that it came directly from the government agency that keeps records for your birthplace, then it's called a "certified copy" of your birth certificate. Usually, it's not notarized by a notary public. Question 2: If I dont want to pay $25 per copy, can I like.. photocopy it and have the photocopies notarized? Easier than that. When you submit any document with your petition to the USCIS, you can just send an ordinary photocopy, no notarization needed. However, at the interview, they will want to see the original certified copy from which you made that photocopy. You'll show them the copy that has that nice government seal on it, hand them yet another photocopy, and they'll keep the photocopy and return the $25.00 certified copy back to you so you can keep it. In other words, during the entire process, you never need to give them one of those $25.00 copies, except for a moment during the interview, where they look at it and give it back. And you'll only need one official copy of your birth certificate to get through the whole process. Question 3: The Hospital's Birth "registry" is a totally different thing? I'm not familiar with what your hospital maintains, but usually, the USCIS wants to see a birth certificate that came from a government agency.	lucyrich	Not Telling	Venezuela	2006-11-07 12:12:00
K-1 Fiance(e) Visa Process & Procedures	English translations of foreign documents	The problem with the two-step translation is that the original document needs to be accompanied by an English translation of the original document, signed by one individual who certifies that they are competent in English and the original language, and that the translation is accurate. If one individual knows both English and Moldovian, and can certify that the English is an accurate translation of the Moldovian, then there's no problem. But then there's no need to submit the Ukranian intermediate step. The USCIS rules have already been posted, but the source law comes from 8 CFR part 1003, as posted on the USCIS website: § 1003.33 Translation of documents. Any foreign language document offered by a party in a proceeding shall be accompanied by an English language translation and a certification signed by the translator that must be printed legibly or typed. Such certification must include a statement that the translator is competent to translate the document, and that the translation is true and accurate to the best of the translator's abilities. No notarization of any sort is ever required for any translations. The translator doesn't need to be certified. The USCIS doesn't recognize any agency to certify translators. The translation needs to be certified (by the translator). The USCIS suggested format for the certification is: Certification by Translator I, typed name, certify that I am fluent (conversant) in the English and ____ languages, and that the above/attached document is an accurate translation of the document attached entitled ___. Signature Date Typed Name Address	lucyrich	Not Telling	Venezuela	2006-11-12 12:31:00
K-1 Fiance(e) Visa Process & Procedures	entering the United States	When we came through Miami (also from Venezuela, epale) it took around 45 minutes to clear immigration. After that, we picked up the luggage and went through customs in a matter of a minute or two. But since the exit to customs dumps you into an "unsecure" area of the airport, we then had to get into the standard TSA screening lines just like anyone arriving from outside of the airport. That took 15-20 minutes. All of these times will vary. We entered on a CR-1 immigrant visa. They sent us into a secondary inspection room, which seemed pretty understaffed at the time. I'm not sure whether the paperwork load is the same for the K visas, but I believe it is similar, as we ran into a K-1 couple in the secondary inspection room (we know they were K-1 because we overheard the officer reminding them that they have to get married within 90 days). Anyway, I imagine wait times will vary significantly depending on the workload and staffing. We allowed something like 3 or 4 hours, and had a nice tour of the airport concourses and a good dinner before catching the next flight.	lucyrich	Not Telling	Venezuela	2006-11-17 00:53:00
K-1 Fiance(e) Visa Process & Procedures	Could ya'll proofread this for me?	English is so ambiguous. The word "met" in English might meet the very first time you were introduced and became acquainted, or it might mean any time you were face to face. I can say "I met my older sister last weekend for dinner", even though I've known my sister all my life, and we first met when I was brought home from the hospital. When you read the word "met", you have to look at context to tell which is meant. The statuatory requirement written into the law is that your most recent face-to-face meeting must have been during the two years prior to filing the petition (with a very few exceptions that are hard to get). The law doesn't say anything about how long ago your very first initial acquaintance may have been. In Q18, it says "Has your fiancé(e) met and seen you within the two-year period immediately receding the filing of this petition?". That's clearly asking if there has been any face-to-face meeting, not necessarily the initial one. Then it goes on to ask "Describe the circumstances under which you met." In context, this sentence's "met" is referring to the same meeting as the previous sentence's "met". It's all getting at whether you have fulfilled the statuatory requirement. It goes on to ask if you don't believe the statuatory requirement applies to you. If you feel you must describe the circumstances of your intitial meeting there, go ahead, but that's not what they're really interested in here. Whatever you put there, make it clear so that anyone can understand that you have been together in the same place in each other's presence at some time within the two year time period before sending the petition in. And provide documentary evidence of this in-person meeting within the two year time period before sending the petition. If you describe an in-person meeting that happened many years ago, it doesn't help demonstrate fulfilling this requirement. Failure to demonstrate this is one of the most common reasons for RFEs and denials of K-1 I-129F petitions.	lucyrich	Not Telling	Venezuela	2006-11-19 23:01:00