ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresDivorcing a conditional resident alien
As I child I traveled with only one parent and nobody asked my mother if she could take me out of the country without my father's consent.
The family courts are certainly available to your wife if she wants to bring a case to obtain full custody of the child.
Or I think there are ways to simply leave the country with your son and never return again.
Has the child obtained an Argentinian passport / citizenship through your wife as well?
If you are going to go through a divorce, I'd strongly recommend you consult with a lawyer before filing anything.
SatelliteMaleRussia2006-04-13 10:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow long does one have to respond to the NVC?

Our US app took forever and the i130 was actually approved after I (USC) moved to Canada. 1 year after we got the first letter from NVC we got a second saying that it had been a year, all forms and fees sent to NVC were now expired, and if they didn't hear from us in 1 more year the whole application would be thrown out-I assumed that included the i130 approval.

So based on your experience you actually got 2 years? I am amazed you got a response after the first year went buy. The reason I believe I-130 don't just expire is because people to this day still adjust under 245i based on approved I-130's from the late 1990's.
SatelliteMaleRussia2006-11-01 22:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow long does one have to respond to the NVC?
I didn't really get an adequate answer in the NVC forum, so I was hoping you guys had an opinion.
After filing an I-130 and getting an approval notice for a CR1 visa the NVC then sends out its packet which contains forums such as the I-864 and DS-230.
However, no clear deadline on responnce time is stated.
There is one line in the packet that says:
"If a period of one year passes without contacting NVC (by telphone or mail), all submitted fees and documents will expire. In this case, fees and documents will need to be resubmitted in order to continue the immigration process."
But what fees and documents would expire? The I-130 and its NOA2 never expire. What happens after a year?
http://www.visajourn...showtopic=39230
SatelliteMaleRussia2006-10-31 13:30:00
K-1 Fiance(e) Visa Process & ProceduresHow long did your K1 visa take?
Our standard K1 filing with no RFE's and no known delays took 240 days from the date of filing to the day of the interview. Too long in my opinion.
SatelliteMaleRussia2006-02-14 16:39:00
K-1 Fiance(e) Visa Process & ProceduresCan I-129F be sent while Fiancée in USA?
Perhaps this is all too complicated. You should consult with an attorney to see if it possible for her to come here as a "student" or "observer" as you say and then you guys get married here in the states and file for AOS, especially if she plans on being here for a long time.
Her intent upon entering the country is to study and not to marry you. If you go with this I think you will save yourself a big headache and be together a lot faster than through a K1.
SatelliteMaleRussia2006-02-15 16:06:00
K-1 Fiance(e) Visa Process & ProceduresMarry Now or Marry Later?

Most people do a K-1 because it is quicker to process than a K3 and you'll be together sooner...

Statistically speaking the K1/K3 route is rare in comparison to other adjustment of status methods. Although the numbers are not conclusive, my guess is that more people actually come as visitors, marry, and never go back rather than choosing the K1/K3 method. It is the intent to immigrate upon entering as a non-immigrant that is illegal. Therefore, having the intent to visit and to see if your boyfriend or girlfriend is right for you is perfectly acceptable. If that visit blossoms into a decision of marriage it can be done on the spot and no visa fraud is committed and no one has to go back home. Since you have already decided on marriage before your arrival; this method would not apply to you.
SatelliteMaleRussia2006-02-20 21:22:00
K-1 Fiance(e) Visa Process & Proceduresis all the hassle worth it??

Is all the hassle worth it?

No it's not, just break up and find lover in your home town. Much easier in my opinion. What kind of response are you looking for? In my situation it was worth it. In yours? How should I know? It can be either the first or the second response. Your call.
SatelliteMaleRussia2006-04-09 14:23:00
K-1 Fiance(e) Visa Process & ProceduresHarassment during medical exam in Moscow
A female asked to stripp before a male doctor for a medical exam is not harassment. Making unnecessary sexual advances or comments during the exam is. Please give more specifics.
SatelliteMaleRussia2006-05-15 09:19:00
K-1 Fiance(e) Visa Process & ProceduresWhat does the R stand for?
What does the R stand for on the K1 fiancee visa? That same R also appears on other visa types such as a B1/B2. Does anyone know for sure?
If it's been asked and answered, direct me, as I did not find the answer.
SatelliteMaleRussia2006-05-24 19:53:00
K-1 Fiance(e) Visa Process & ProceduresIf K-1 got denyed.......

if visa is denied keep working with your senator and your lawyer untill you get it ,they never deny visa like k-1 or k-3 they give 221(g) which is not a denial,its just more time for proccessing ,so i dont think k-1 will be denied if so they will just need more proccessing because they never keep couple or fiance seprated got it?;)

Not true. A K1 and K3 can both get denied for variety of reasons.
For example look at the grounds for inadmissibility. Some things cannot be covered with a waiver like certain criminal convictions and substance abuse.
For a general overview:
http://www.imminfo.c...issibility.html

Edited by Satellite, 05 September 2006 - 12:39 PM.

SatelliteMaleRussia2006-09-05 12:39:00
K-1 Fiance(e) Visa Process & ProceduresHelp J1 visa 2 year rule
Have you considered the J1 waiver?
http://travel.state..../info_1296.html
Where is your fiancée now?
If the waiver is approved you might be able to adjust without her ever returning to China and doing a long wait K1.
I assume she came in according to the terms of her J1.

Edited by Satellite, 23 September 2006 - 10:30 AM.

SatelliteMaleRussia2006-09-23 10:29:00
K-1 Fiance(e) Visa Process & ProceduresMarrying my Fiancee without getting a K-a Visa

You're looking for an easy way, and you want the nice people here who are doing it legally (the hard way) to help you? :lol:

Adjusting status via marriage to a USC by a foreigner using the VWP is just as much legal as doing the K1. It might not be as applicable in this particular case based on the alleged facts of prior immigrant intent. Also to keep in mind, the probative value of intent will come into play depending on how quickly you marry after arrival. Within 30 days it is presumed preconceived intent to immigrate, between 30 to 60 it can go either way, and over 60 days after arrival intent to immigrate is not presumed. This rule comes from USCIS internal policy and memos. It is not black letter law. But these policies tend to be followed by officers who will eventually be adjudicating your cases.

Edited by Satellite, 05 December 2006 - 07:57 PM.

SatelliteMaleRussia2006-12-05 19:55:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa vs. B-2 Visa
Any time there is a B2 adjustment I'd always feel it is proper to explain official procedure and what is done. Hence the 30/60 rule.

"9 FAM 40.63 N4.7 Applying the 30/60 Day Rule
(TL:VISA-342; 01-08-2002)
a. In determining whether a misrepresentation has been made, some of the most difficult questions arise from cases involving aliens in the United States who conduct themselves in a manner inconsistent with representations they made to the consular officers concerning their intentions at the time of visa application. Such cases occur most frequently with respect to aliens who, after having obtained visas as
nonimmigrants, either:
(1) Apply for adjustment of status to permanent resident; or
(2) Fail to maintain their nonimmigrant status (for example, by engaging in employment).
b. To address this problem, the Department developed the 30/60-day rule. This rule is intended to facilitate adjudication of these types of cases consistent with the statutory mandates.
c. Aliens who apply for adjustment of status pursuant to the INA are within the jurisdiction of the Immigration and Naturalization Service unless the application is abandoned upon the departure of the alien from the United States. Upon receipt of a notice of application for adjustment of status Form G-325A, Biographic Information, therefore, it would not be appropriate for a consular officer to seek the Department's concurrence in a finding of ineligibility since such a finding would not be binding upon the INS. Instead, the post should bring available derogatory information to the attention of the appropriate INS office by a VISAS DECEMBER cable. [See 9 FAM 40.63 PN2.]
d. With respect to the second category referred to above, the fact that an alien's subsequent actions are other than as stated at the time of visa application or entry does not necessarily prove that the alien's intentions were misrepresented at the time of application or entry. As to those who fail to maintain status, the consular officer should also recognize that the precise circumstances under which the change in activities or the overstay arose have an important bearing on whether a knowing and willful misrepresentation was made. The existence of a misrepresentation must therefore be clearly and factually established by direct or circumstantial evidence sufficient to meet the "reason to believe” standard. Although indeed more flexible than the judicial "beyond reasonable doubt” standard demanded for a conviction in court, a "reason to believe” standard requires that a probability exists, supported by evidence which goes beyond mere suspicion.

9 FAM 40.63 N4.7-1 Applying 30/60 Day Rule When Alien
Violates Status
(TL:VISA-313; 08-27-2001)
a. The consular officer should apply the 30/60-day rule if an alien states on his or her application for a B-2 visa, or informs an immigration officer at the port of entry, that the purpose of his or her visit is tourism, or to visit relatives, etc., and then violates such status by:
(1) Actively seeking unauthorized employment and, subsequently, becomes engaged in such employment;
(2) Enrolling in a program of academic study without the benefit of the appropriate change of status;
(3) Marrying and takes up permanent residence, or
(4) Undertakes any other activity for which a change of status or an adjustment of status would be required, without the benefit of such a change or adjustment.

9 FAM 40.63 N4.7-3 After 30 days but Within 60
(TL:VISA-313; 08-27-2001)
If an alien initiates such violation of status more than 30 days but less than 60 days after entry into the United States, no presumption of misrepresentation arises. However, if the facts in the case give the consular officer reasonable belief that the alien misrepresented his or her intent, then the consular officer must give the alien the opportunity to present countervailing evidence. If the officer does not find such evidence to be persuasive, then the consular officer must submit a comprehensive report to the Department (CA/VO/L/A) for the rendering of an advisory opinion.

9 FAM 40.63 N4.7-4 After 60 Days
(TL:VISA-313; 08-27-2001)
When violative conduct occurs more than 60 days after entry into the United States, the Department does not consider such conduct to constitute a basis for an INA 212(a)(6)(C )(i) ineligibility."

Links:
http://foia.state.go...am/0940063N.pdf
http://britishexpats...ad.php?t=100004

Therefore, if you want to go through with your B2 adjustment avoid pontential trouble by marrying 60+ days after the non-immigrant's arrival.
SatelliteMaleRussia2008-03-15 16:20:00
K-1 Fiance(e) Visa Process & ProceduresMy I-94 was marked 'To marry only'
QUOTE (payxibka @ Apr 18 2009, 04:18 PM) <{POST_SNAPBACK}>
well whether it is written on anybodies I-94 or not... the fact is true... if you want to stay, you can only marry the petitioner.... if you don't you must depart
That is not true.
The beneficiary can likewise see adjustment under I-360 Violence Against Woman Act (WAVA) if the petitioner turns out to be a sour apple. Likewise a beneficiary who can also seek relief under the provisions of Asylum and Withholding of Removal (I-589).

Edited by Satellite, 19 April 2009 - 12:45 PM.

SatelliteMaleRussia2009-04-19 12:44:00
K-1 Fiance(e) Visa Process & ProceduresAll things Thai
The amount of the Sin-Sot is really up to the parents of the bride. I was told by my fiancee that it would be somewhere between 250,000 to 500,000 baht (Everyone is different). I was told that the monies are to pay for the party and the remaining would be given back. But as anything, there's no guarantee how much will return back to you. good luck and congratulations.
panthaiMaleThailand2006-01-30 19:51:00
K-1 Fiance(e) Visa Process & ProceduresPacket 3 arrived, what do i send back ?
Congrats on getting your packet 3 I assume that you also received your interview date., you are now a step closer....

When US Consulate gets your case from NVC, your fiancee can turn in DS-230 part 1 and the I-93 "the checklist" and get scheduled an interview date. For some reason, when my fiancee turned in hers they also asked for 2 passport type photos and her House Registration document (tabian baan) and Thai ID.

The following forms & documents will be needed at the time of the interview: DS156, DS157, DS156K, I-134, Passport, Birth Cert, medical Exam, Police Cert, 2 passport photos, K-1 Visa fee (2) RECEIPTS from certain Post Office in Bangkok Area (will have applicant's names on BOTH receipts)

These 3 forms: DS3024, DS3025, DS3026 are needed at the hospital at which your fiancee will have the medical exam performed (correct me , anyone, if I am wrong)

As a side note & if anyone's interested :
My fiancee was not from Bangkok...so it a disadvantageous for her to get as much done as possible when she was in Bangkok. This is what she did in one day ....

1) Get medical exam at Bumrumgrad Hospital 9am , stayed until 1130am
2) Applied for Police Certificate (for her it took 2 weeks to complete)
3) Went to US Consulate to turn in DS-230 part 1 and checklist I-93 form (after 1pm), Note: I think the embassy has changed this procedure, the forms must be submitted via email now. See website from BKK embassy.

4) Went to a nearby Post Office across from Embassy to pay the K-1 visa fee ($100) and was given a 2 part receipt with hernames on them.
panthaiMaleThailand2006-02-01 14:11:00
K-1 Fiance(e) Visa Process & ProceduresUS Embassy in Bangkok
All US procedures stay the same (NOA1, NOA2, NVC), There is a slight change but not much. The only change that is different is: Before , when you get your case number and it was headed to Bangkok. You can actually drop off the forms at the embassy and get interview. Now they required proof of your case number from NVC and the two forms that were dropped off, must be submitted on-line. I guess they were getting too many people without a case number dropping off their package to get interview date.

I would sugguest reading the new udated website, it has procedures on what to do after NVC number. Good luck to you.

I forgot, the only different is the appointment system they just implemented. check it out

http://bangkok.usemb.../visa/index.htm
panthaiMaleThailand2006-02-01 18:11:00
K-1 Fiance(e) Visa Process & ProceduresFinally, its done...Bangkok Embassy K1 Visa Approved!
Thank you for your best wishes, hope you the best as well. thank you and Mahalo...Will & Pan
panthaiMaleThailand2006-02-01 18:07:00
K-1 Fiance(e) Visa Process & ProceduresFinally, its done...Bangkok Embassy K1 Visa Approved!
Just heard from my fiancee that she finally got approved. What a relief after all the runarounds the Bangkok embassy gave us. I know that it was a good day because the so called lady at window 5 (Visa Nazi) was not present. Only US americans government workers were at the window. Man that is a joy, and they didn't even asked her any questions. Just told her to come back and pick up passport visa. Now I will fly out to pick her up and come home. Yes its a good day, wish all that are waiting good luck and may yours come soon.

William :dance:
panthaiMaleThailand2006-02-01 13:55:00
K-1 Fiance(e) Visa Process & ProceduresWhat happens if my fiance travels back to her country?
Thank you all for everything I will read up on it and see what happens, you guys are super, thanks
panthaiMaleThailand2006-03-14 12:31:00
K-1 Fiance(e) Visa Process & ProceduresWhat happens if my fiance travels back to her country?

My Fiance has an emergency to fly back to Thailand. Her grandmother is very ill and may not have long to live. She arrived in the US two weeks ago, we were planning to wed next month and start AOS papers. She wants to go back to see her grandmother this weekend.

What happens now? Should I call USCIS to cancel the K-1? If we do the K-1 all over again, are there any penalty for which she has to wait to reapply again?

Thank you for anyone that can answer or come up with a solution. :(



Yodrak, I know this is a stupid question but how do I find 9 FAM 41.81 Notes, N6.3.? thank you
panthaiMaleThailand2006-03-14 12:10:00
K-1 Fiance(e) Visa Process & ProceduresWhat happens if my fiance travels back to her country?
My Fiance has an emergency to fly back to Thailand. Her grandmother is very ill and may not have long to live. She arrived in the US two weeks ago, we were planning to wed next month and start AOS papers. She wants to go back to see her grandmother this weekend.

What happens now? Should I call USCIS to cancel the K-1? If we do the K-1 all over again, are there any penalty for which she has to wait to reapply again?

Thank you for anyone that can answer or come up with a solution. :(
panthaiMaleThailand2006-03-14 11:47:00
K-1 Fiance(e) Visa Process & ProceduresGot Interview Date!!!
Howzit braddah,

That's awesome, best of luck and may your fiance's interview be pleasant. Take care :dance:
panthaiMaleThailand2006-03-24 02:37:00
K-1 Fiance(e) Visa Process & ProceduresFiance entered via K-1 Visa, she then departed
Thank you everyone for your kind words of encouragement. I will provide details on another post when my fiance arrive in San Francisco. Thank you once again. Will & Pan
panthaiMaleThailand2006-04-26 15:25:00
K-1 Fiance(e) Visa Process & ProceduresFiance entered via K-1 Visa, she then departed
It's been a long journey for us, going through the K-1 Visa process. After 7 months we got approved but it wasn't easy. I escorted my fiance into the USA. However, after two weeks in California my fiance had to leave due to a family life threaten emergency. I missed my fiance, much sadness when she left. I didn't know how to get her back without doing the whole entire process over again. With some advice and help on visaJourney. I contact my congresswoman to explain to them about my problem. We were then able to get the consulate to re-issue another K-1 visa for my fiance to come back next month before the K-1 expires. I am just happy that she is coming back. I am also happy that I don't have to do this thing all over again. I like to give a big Thank you all who helped me with this problem. Thank you again, Will & Pan
panthaiMaleThailand2006-04-25 19:14:00
K-1 Fiance(e) Visa Process & ProceduresApplying for a 2nd K1 visa
Some more information is needed to answer your question. I will then assume because I had this happened to me just a month ago. First, you mentioned that the fiance did not work out or have you two reconsided? Also has the K-1 visa expired.

Here is my situation that I had. Fiance was granted K-1 and enter the US on 2/28/06, she left due to a family emergency two weeks after arrival. I then contacted my congresswoman and ask for help in re-issuing visa to my fiance. As long as the 90 has not expired. My fiance was granted another visa by the consulate. She arrived in the US for the second time on 5/25/06.

Hopefully that this is the case and you still have time left. If not, I think the other replys on this board may help. Good luck
panthaiMaleThailand2006-05-30 16:06:00
K-1 Fiance(e) Visa Process & ProceduresSAWASDEE 2
Dan, that's great. I love thailand so much...we too are planning to move there in a few years. One day we will all be there, maybe neighbors...lol
panthaiMaleThailand2006-06-13 00:05:00
K-1 Fiance(e) Visa Process & ProceduresSAWASDEE 2
Reply to Robert....


That is so cool that you saw Kat in person, that's one of the things I like about Thailand. Me and Pan saw many movie stars and singers (Thai) in Thailand as well. They were so down to earth, they even took time to speak with Pan and took lots of pictures together with them. Unlike the movie stars we have in US, but I suppose that maybe a different level to Thai stars.

Also, I love Thai Jerky, Pan's been cooking a storm since she arrived in US. I think I've lost 5 pounds due to the hot Thai spices...lol
panthaiMaleThailand2006-06-07 13:32:00
K-1 Fiance(e) Visa Process & ProceduresSAWASDEE 2
No dried beef? I left bangkok airport on feb 28, 2006. I brought back some beef jerky from Thailand with no problems. Did they just made rule recently?
panthaiMaleThailand2006-06-05 12:25:00
K-1 Fiance(e) Visa Process & ProceduresSAWASDEE 2
Dan, I asked Pan that question and she said that it pertains to some Thai women (perspectively the southern region) after marriage, it is remove after two days from the ceremony. It is then put away and wore again for special occassions, like party or family gatherings. She said that it's not a custom but moreless than preserving the condition of the ring. She said most Thai women don't wear it because they work hard and don't want to damage, wear out or even lose it. So the answer to your question "may be some what true" . However, as we go through changes within our cultures and traditions. This too may be a thing of the past. I too follow what Anya and her husband do. I am not a ring person, so Pan doesn't mind me not wearing it. But she wears it only as part of her fashion....lol..., good luck
panthaiMaleThailand2006-06-04 16:25:00
K-1 Fiance(e) Visa Process & ProceduresSAWASDEE 2
Billy, you are actually doing quite well with your K-1 process. It took us around 7-8 months from I-129F for Pan to enter the US. at the rate you are going she should be here on or before July 2006. That is really fast! hope you two will reunited soon. take care and good luck, Will
panthaiMaleThailand2006-06-01 15:05:00
K-1 Fiance(e) Visa Process & ProceduresSAWASDEE 2
Billy, what is your purpose of contacting the embassy? Interview date, BNK number...or just wanting to know if they received the paperwork from NVC? I don't blame you if that is the case because I wanted to expedite the whole process just like you. If you have any problems, let me know. I have a direct number to the consulate...just email me when you need it. Good luck, Will and Pan
panthaiMaleThailand2006-06-01 12:41:00
K-1 Fiance(e) Visa Process & ProceduresSAWASDEE 2
Kup Koon Krup George for the Thai temple addresses. We will definately visit the ones you've listed soon. We are residing in Sacramento and I think the temple are an hour and 15 minutes away but I don't mind the ride if its on Sunday. Any other days forget it (bay area traffic...lol) Will and Pan :thumbs:

Oops also thank you Yodrak, you've always been so helpful...thank you
panthaiMaleThailand2006-06-01 02:48:00
K-1 Fiance(e) Visa Process & ProceduresSAWASDEE 2
George,

Can you please give me the name and address of the temples in the Bay Area. Especially the one in Fremont. I didn't know that they were here, we are 45 minutes away from the bay area. Thank you, Will and Pan
panthaiMaleThailand2006-05-30 14:54:00
K-1 Fiance(e) Visa Process & ProceduresSAWASDEE 2

Hey Mike Congrats on getting the Visa :dance: :dance:

I was looking into the Sat dish for Thai TV, but Ton has found a web site that you can watch all the channels you want for free. It isn't too bad if you have dsl or cable. Let me know when she gets here to Torrance and I can give you some tips on places to go for food etc...

Ton is still having some adjustment problems.

I will try to find that website address for Thai TV and Radio.



Dan


Here are some websites with Thai TV, as Dan said, you have to have DSL, Cable or other high speed broadband. Here are just a few, these are the ones Pan have used.

http://www.lyngsat.c...v/Thailand.html

http://mediahopper.c...evision/204.htm

http://watch.squidtv...01thailand.html


This one is cool because you can watch several at the same time. this is Pan's favorite.

http://thaitv.webcindario.com/
panthaiMaleThailand2006-05-29 01:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDiabetes possible visa refusal??
My brother got a green card (through the diversity visa lottery) and he has type 1 diabetes.

He passed his medical and got approved no problems.
ecg19FemaleNew Zealand2012-11-03 08:14:00
K-1 Fiance(e) Visa Process & ProceduresPolice Report vs Previous Green Card

No, because USCIS will do their own background checks on you for any time you spent inside the USA.

Thank you. Should I expect much longer wait on my k1 journey because of that?
MrsFridaNot TellingPoland2013-02-22 17:17:00
K-1 Fiance(e) Visa Process & ProceduresPolice Report vs Previous Green Card

Welcome back to the U.S., where in Poland are you from?

Thank you. 40 min from Warsaw north west.
MrsFridaNot TellingPoland2013-02-22 16:53:00
K-1 Fiance(e) Visa Process & ProceduresPolice Report vs Previous Green Card
Hello Visa Journey, this is my first post on this forum but I have been reading you folks quite regularly.
You've helped so many people so hopefuly you can help me too, although my 'case' is quite unusual.

I got married to the USC, obtained a green card and lived in the US with my husband. Marriage, however, did not work out and I went back to my home country shortly before removing conditions on my GC in 2007. Unaware of my options I surrended my GC in American Embassy and lived in my country ever since.

Now, six years have passed, I met the right person and here I am in the K1 proceedings. Question is- do I need a police certificate from the US in addition to a police certificate from my home counrty since I spent there three years until 2007?

Thank you for your suggestions.
MrsFridaNot TellingPoland2013-02-22 16:35:00
K-1 Fiance(e) Visa Process & ProceduresIs it good enough basis for uscis to expedite K1

I doubt it is strong enough, as they will argue the father needs to make better childcare arrangements so he can look after his son until you can join. Then again if you have good doctors letters it's worth a try. Most of the time, a denied expedite has no adverse effect and even if it does, it would only delay your case a couple of weeks so worth a gamble, especially as your case has been processing a while.


Thank you for quick response.
MrsFridaNot TellingPoland2013-03-06 09:22:00