ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresMy fiancee had a tourist visa cancelled under 22 CFR 41.122(h)(3)
Thanks, good to know!
mugumoguMaleMexico2011-08-18 14:55:00
K-1 Fiance(e) Visa Process & ProceduresMy fiancee had a tourist visa cancelled under 22 CFR 41.122(h)(3)
My fiancee was refused entry last summer upon arrival in the US. After being questioned for several hours, she was asked if she wanted to withdrawal her effort to enter the country. She agreed and her B2 Tourist visa was cancelled under 22 CFR 41.122(h)(3). What exactly does this mean and will it affect her approval for a K-1 visa?

More details...

She came here first as a tourist in 2007 and came again in 2009 to see if she liked it here. She began making more frequent trips in 2009 to help her cousin at home and work. She was not paid for this, but since she was here, it provided her a place to stay and she just wanted to be helpful. She thought that since she had a valid 10 year visa that she could come and go as much as she liked within that timeframe though she always left by the time it said to on the I-94 admission card. We met during one of her stays here and began dating. We toured many parts of the state and went on a lot of trips. Neither of us really understood the rules of a visa until this happened. As soon as she found out that what she was doing wasn't considered proper use of the visa, she was devastated (I was too) and she has been in Mexico now for just over a year. Funny thing is, I didn't really understand at the time what happened. I thought she could just apply for another visa and come back. She was going to do this, but as soon as I started doing some research online, I advised her not to bother with a tourist visa because she wants to come back to be with me. So... now we're in the K-1 process. As we get closer to the interview, I'm wondering if it's wrong for me to be getting my hopes up or how much of an impact this will have on approval.
mugumoguMaleMexico2011-08-18 09:55:00
K-1 Fiance(e) Visa Process & ProceduresQuestion on Background Check for Beneficiary
QUOTE (chp @ Apr 2 2009, 01:33 PM) <{POST_SNAPBACK}>
Thank you both for your responses!

I realize marijuana use is such a huge deal so I am very wary of how to even approach it on the application.

My hope is that the police records are complete and correct and that he does, in fact, not have any record of this event.

The good news is that we moved very very quickly through the NVC. I do not know, however, if that is any indication of whether the incident came up in their background check.

From what I have read, the consulate also does another background check and fingerprinting. But it was to my understanding that they have access to the same records as the Policia Federal and Secretaria de Seguranca Publica.

I agree- I would like to consult with an immigration lawyer that has significant experience with Brasil so they can inform me of when/where the background checks are performed and how we should proceed.

If anybody has recommendations of a good immigration lawyer, that would be great!

Thanks again


I read in another forum that a similar situation occurred for someone going through Mexico and somehow the consulate found the record that the police said didn't exist so be careful. We used Laurel Scott for our attorney http://www.visacentral.net/index.html
I think the rule with marijuana is a 3 year ban after the date of the last use, so something that old might not be an issue anyway.

Good luck.


rickynlucyFemaleMexico2009-04-02 19:00:00
K-1 Fiance(e) Visa Process & ProceduresI'm new to this and need advice!
"My boyfriend came here from Guatemala in 1999. He was deported in 2000 and returned illegally in 2001."

I think (9)©(i)(II) applies. If you re-enter EWI after a deportation it results in a lifetime ban. You can apply for a waiver after being out of the country for 10 years. If this applies, that means that he would have to wait outside of the US for 10 years before he is even eligible for a waiver. I think your best bet is to wait and pray for immigration reform.

I would check out immigrate2us.net, there are others with similar experiences and more info.

37. INA 212(a)(9)©(i)(II) renders
permanently inadmissible any alien who was
ordered removed and who subsequently
entered or attempted to enter the United
States without inspection. This provision
primarily affects deportees who attempt to
avoid a 9A refusal or denial of admission by
slipping across the border illegally. It is
broader than that, however, in that it also
covers previous deportees who had already
remained outside the U.S. for the period
required by 9A and whose entry without
inspection (EWI) or attempted EWI therefore
would not circumvent 9A.


38. INA section 212(a)(9)©(i)(II) applies
to aliens previously ordered removed at any
time -- whether before, on, or after
April 1, 1997. However, for (9)©(i)(II) to
apply, the alien's unlawful reentry or
attempted reentry without inspection must
have occurred on or after April 1, 1997.
Thus, an alien deported prior to 4/1/97 who
attempted to reenter without inspection
on or after 4/1/97 would/would be ineligible
under this provision, whereas an alien in the
same circumstances who had
attempted reentry without inspection
prior/prior to 4/1/97 would not/not be
subject to this provision.


39. While these rules may seem confusing,
they actually follow logically from the rules
applicable to 9A and 9B. Thus,
(9)©(i)(I), which is aimed primarily at
aliens seeking to circumvent a 9B
ineligibility, follows the same rule as 9B:
unlawful
presence prior to 4/1/97 does not/not count.
On the other hand, (9)©(i)(II), which is
aimed primarily at aliens seeking to
circumvent a 9A ineligibility, follows the
same rule as 9A: deportations prior to 4/1/97
generally do/do count (at least for
purposes of 9A2).


40. An alien found ineligible under either
subsection of 9C may seek "consent to
reapply" for admission from the Attorney
General after he or she has been outside the
U.S. for more than 10 years.

rickynlucyFemaleMexico2009-04-21 20:59:00
K-1 Fiance(e) Visa Process & ProceduresAre k-1 visas approved constantly?
QUOTE (iLoveAPolishGirl @ Apr 26 2009, 12:04 PM) <{POST_SNAPBACK}>
If you are under 180 days perhaps you might consider marrying now and then filing for AOS ASAP. You shouldn't have to leave the country at all in that case. See the forum section for AOS from a work, student or tourist visa for more help on this possible approach. Indeed, I believe I've read cases of people who overstayed beyond 180 days and managed to AOS without leaving the country, but I could be wrong smile.gif

Also, I believe (but might be wrong) that if you are still in school, the 180 days may not start counting until you are either out of school or 21, but I'm not sure about that.

oh, also, it's called a "waiver" not a "pardon" and there is a specific form for that (I am not familiar with waivers, but others here could assist.)

dvc



The OP is correct he will incur a ban of 3 years after being here 180 days past his 18th birthday. There are no exceptions for students. Both the 3 year and 10 year bans have a waiver, but that seriously complicates matters. It also adds to the expense and the time that must be spent outside of the country.
rickynlucyFemaleMexico2009-04-26 23:03:00
K-1 Fiance(e) Visa Process & ProceduresInterview Questions
QUOTE (Fei Hung @ Apr 26 2009, 05:33 PM) <{POST_SNAPBACK}>
For the K-1 Visa, how many interviews would we expect?

What type of questions would be asked?

What type of documents would they ask for?

Will we need a lawyer during our interviews?


Typical questions are:
Where do you live?
Who sponsored your petition?
Are you married?
Do you have children?
Past problems with the police?
PAst problems with immigraton?
where was your fiancee born?
What is your fiancee's name?
What are her parents' names?
Where does she work?
Is she here?

Will we need a lawyer during our interviews?
No, as a matter of fact you are the only one that will be allowed into the consulate. The only exeption is if they ask you to bring your fiancee in.

Here is a list of the documents:
http://ciudadjuarez....anceforms2.html

Having illegal members, like my mom, would affect the process?
No impact at all. Make sure to fill out all of the forms truthfully.


http://www.visajourn...h...896&st=3120 This thread posted by Dan and Yu is for people going through CDJ and they can give you more specific answers about that consulate.

Here is another forum with experiences: http://immigrate2us....read.php?t=8333
rickynlucyFemaleMexico2009-04-26 22:52:00
K-1 Fiance(e) Visa Process & ProceduresIs my situation appealing?
QUOTE (Gary and Alla @ Apr 27 2009, 07:15 AM) <{POST_SNAPBACK}>
You entered illegally, you will have to disclose this. I am not aware of being considered "not illegal" because you are under 18. They may not hold you responsible, per se, as you were 6 years old (if my math is correct) but that does not make you "legal" in any way. I am not sure you are off the hook regarding an "overstay"

You will need to answer the questions honestly, including your G-325a listing addresses and schools. It will cost you $455 to find out.


Overstay does not accrue until your 18th birthday.

Zarqa:

The situation about multiple entries under 18 only becomes a problem if he actually incurs an overstay after turning 18.

From immigrate2us.net

• When an alien enters the US as an EWI one time and stays in the US less than 6 months, he does not face any ban provided he leaves before he has been illegally present for 180 days. The law that describes this is INI 212(a) (9)(B.

• When an alien enters the US as an EWI one time and stays in the US more than 6 months but less than 1 year, he faces a ban of 3 years. This ban is generally waiveable immediately with an I-601 waiver. The law that describes this is INI 212(a) (9)(B.

• When an alien enters the US as an EWI one time and stays in the US more than 1 year, he faces a ban of 10 years. This ban is generally waiveable immediately with an I-601 waiver. The law that describes this is INI 212(a) (9)(B.

• When an alien enters the US as an EWI and stays in the US more than 1 year in aggregate, then leaves and enters again or attempts to enter again, he is banned for life. This ban can generally be waived with an I-601 waiver but not until the alien has first spent 10 years outside the US. The law that describes this is INI 212(a) (9)c. There are a few exceptions to this rule- see exceptions to (9) (c below.

It is important to note that if a person is in the US having EWIed, they are NOT eligible to obtain legal status while still inside the US- unless that person entered before April 1997 and a qualifying family member filed an I-130 Petition for Alien Relative on the alien’s behalf before 2001.

In addition, time spent in the US before the alien turned 18 does not count toward an application of 212 (9) (b, however, since 2008, it has been counted toward an application of 212 (9) c.

Therefore, if you EWI after having been in the US illegally for more than 1 year no matter what age, you may trigger the 9C ban and therefore not be allowed to file a waiver for 10 years.

Please note that deportations before April 1997 may count against the alien if he later EWI-ed, even if he was under 18. This article does not cover situation involving deportations.

Edited by rickynlucy, 27 April 2009 - 05:34 PM.

rickynlucyFemaleMexico2009-04-27 17:31:00
K-1 Fiance(e) Visa Process & ProceduresIs my situation appealing?
Since you have less than 180 days since you turned 18 you should be ok. The entering illegally actually will not impact your case and it's fine to list it on all of your forms. You only entered 1 time right?

It's ok to file the 129-F right now. Check the processing times with the links at the top of the screen. Since you're going to Berkeley, I'm guessing that you are in California. A 129F in California is showing 6 months. From there it takes CDJ about 2-3 months to send you the appointment letter. You can go for your visa appoinment anytime after you receive that letter. If at all possible, you should have your fiance meet you in CDJ for the appointment. File ASAP or you may have to postpone school.

If you don't already have a mexican passport (valid for at least 2 years) and a birth certificate, start getting those together.

Good luck and let me know if you have any questions. We went through CDJ with a 129F and my now husband also EWI'd as a minor.

There are alot more people in your situation on immigrate2us.net, and they can give you much more accurate advice.
rickynlucyFemaleMexico2009-04-26 22:38:00
K-1 Fiance(e) Visa Process & Proceduresneeds this pls!!!!!
The I-134 is fine for now. You don't need the 864 until you file for AOS.
rickynlucyFemaleMexico2009-05-06 03:29:00
K-1 Fiance(e) Visa Process & ProceduresChange of Address after NOA2
I would go ahead and list the new address now. If it makes you feel more comfortable include a short note stating that you will be moving effective June X, but all future correspondence should be sent to the new address.


rickynlucyFemaleMexico2009-05-10 06:33:00
K-1 Fiance(e) Visa Process & ProceduresCan your I-29F application be denied if the petitioner becomes unemployed Please Advise?
If your unemployment benefits meet the 125% of the poverty limits you should be OK. You can always get a co-sponsor just in case.
rickynlucyFemaleMexico2009-04-24 05:09:00
K-1 Fiance(e) Visa Process & ProceduresQuestions regarding G-325A and sponsorship
"Should I then state that I was unemployed until three years ago and then fill in my employment history as it exists? Or should I just state, for example, that I began working 2006 up to the present date, and leave it to be assumed that I had no employment history prior to 2006?"

List unemployed or student on the next line and then the appropriate dates.

"Or should he list the last occupation he's had in HIS country?"
Yes, list the last job in his home country, most likely his current job.

or, does the information I previously listed, already exclude her from being qualified?
No, it does not disqualify her. As long as the assets and the employement meet the sponsorship requirements, you should be fine.

Has she filed taxes for the past 3 years? If not, she'll need to file or explain why she wasn't required to file.
rickynlucyFemaleMexico2009-05-11 01:40:00
K-1 Fiance(e) Visa Process & ProceduresB1 before the K1
It doesn't hurt to try for a visitors visa. Unfortunately, when she mentions the fiance visa they will likely instead see the engagement as a reason for her to stay and adjust status in the US without returning. I see your logic, unfortunately, the immigration system seems to lack logic.
rickynlucyFemaleMexico2009-05-25 03:11:00
K-1 Fiance(e) Visa Process & Proceduresneed help here
If you are receiving workers comp or other disability payments, send copies of those check stubs.
rickynlucyFemaleMexico2009-05-27 04:40:00
K-1 Fiance(e) Visa Process & Proceduresprocessing sequence.
QUOTE (AandD @ Dec 14 2009, 03:26 PM) <{POST_SNAPBACK}>
QUOTE (Lindsey8181 @ Dec 13 2009, 09:49 PM) <{POST_SNAPBACK}>
Hi AandD!

Looks like we both have Croatian fiances! smile.gif

Well, I'm in the same boat as you. I've been looking at other people's timelines over the past couple weeks to get an idea of how quickly things happen and in what sequence - it looks like we're both on track with regard to processing time. It seems that the Vermont Service Center processes things a bit faster than California, so I would guess you should be hearing something within the next few weeks.

As far as processing times at the country of origin, I've heard Zagreb is relatively fast and for the most part, fairly relaxed - that is compared to some of the crazy stories I've seen on here with other embassies.

I know it's not so fun to wait and believe me, I am not the most patient person. I check the USCIS website like 5 times a day to see if our file has been touched. hahaha!!

So, what part of Croatia is your fiance/e from?

Wishing you the best of luck and speedy processing time! biggrin.gif



Good Luck to You and a fast processing time. Ancica is from Zagreb.
I hope things will be moving along...yes..it seems Croatia had a effecient consulate...so let's hope for the best! good.gif



Awesome! My fiance, Ivan, is from Slavonski Brod. We spent a couple days in Zagreb and I loved it!!!
Keeping my fingers crossed for the both of us! star_smile.gif
Lindsey8181FemaleCroatia2009-12-14 23:09:00
K-1 Fiance(e) Visa Process & Proceduresprocessing sequence.
Hi AandD!

Looks like we both have Croatian fiances! smile.gif

Well, I'm in the same boat as you. I've been looking at other people's timelines over the past couple weeks to get an idea of how quickly things happen and in what sequence - it looks like we're both on track with regard to processing time. It seems that the Vermont Service Center processes things a bit faster than California, so I would guess you should be hearing something within the next few weeks.

As far as processing times at the country of origin, I've heard Zagreb is relatively fast and for the most part, fairly relaxed - that is compared to some of the crazy stories I've seen on here with other embassies.

I know it's not so fun to wait and believe me, I am not the most patient person. I check the USCIS website like 5 times a day to see if our file has been touched. hahaha!!

So, what part of Croatia is your fiance/e from?

Wishing you the best of luck and speedy processing time! biggrin.gif
Lindsey8181FemaleCroatia2009-12-13 21:49:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Fees and a couple of questions
QUOTE (FrancElsie @ Dec 23 2009, 07:43 PM) <{POST_SNAPBACK}>
Thanks...and the fee is $455 as you stated. I had not gone to the USCIS website for this information, I was looking for it as a part of the downloadable forms and instructions given on VisaJourney. I really appreciate your assistance.
Regards,
Franc



No prob! Happy I could help. Good luck! star_smile.gif
Lindsey8181FemaleCroatia2009-12-23 22:53:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Fees and a couple of questions
QUOTE (FrancElsie @ Dec 23 2009, 06:34 PM) <{POST_SNAPBACK}>
Ummm....thanks for your response and information but I think I've already been to this link that you sent to me. All I could find is the following:
1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted.

My question is....What is the fee that I need to send in the form of a check to the USCIS with my paperwork??? I do not need the address of the CSC ... I was able to find that piece of information.

Thanks for your response.
Franc


Try this link to the USCIS filing fee info page: http://www.uscis.gov...000b92ca60aRCRD

I filed for our K-1/129F in Nov 09 and the fee was $455. Hope this helps. star_smile.gif
Lindsey8181FemaleCroatia2009-12-23 21:49:00
K-1 Fiance(e) Visa Process & ProceduresLetters confirming relationship to send in with first K1 packet
Hi!

I know the idea of including emails in your packet as evidence doesn't sit well, but I would recommend doing it. I included about two emails per month that my fiance and I have known each other, along with two chat logs for that month. We mainly commiunicate via Skype and there are a few emails and brief chats here and there. You can always black out whatever content you are uncomfortable sharing, but it's a good idea to show there is dated communication between the two of you. Also, if it helps, I'm sure you will never meet the people reviewing your file and I'm sure they have come across all types of stuff in emails, chats, etc., so I wouldn't worry about it too much. I had my reservations as well, but if it's going to help establish proof of our relationship and make the processing faster, I'll do whatever it takes. smile.gif

I would definitely include scanned copies of any mail including postage that you have sent to each other. The attorney I saw recommended doing that. Again, include things from a range of dates.

Everything else that you plan to include sounds good. I'm not sure about the letters from your mom and uncle - I don't think it would hurt. Maybe someone else could weigh in on that one.

Hope this helps and wishing you the best of luck! star_smile.gif
Lindsey8181FemaleCroatia2009-12-24 23:12:00
K-1 Fiance(e) Visa Process & ProceduresFILLING 129-F

I am a fiance of an American citizen. If I don't have a middle name should I write NONE or N/A or just leave it blanck?

Thanks for your help!



Hi there - my fiance does not have a middle name either, so we wrote "NONE." I have seen that some people on here write "N/A" as well. DO NOT leave anything blank! (The instructions specifically say that.) Hope this helps. :star:
Lindsey8181FemaleCroatia2010-01-05 01:45:00
K-1 Fiance(e) Visa Process & ProceduresDouble-Sided Printing and E-mails

huh, maybe USCIS is greener then I thought!


Heheheh! I know, right?! Plus can you imagine how USCIS must feel when they get a front-loaded petition with hundreds of pages of emails, chats, etc. printed single-sided. I'm sure they're just thrilled. heheheh!!! :lol:
Lindsey8181FemaleCroatia2010-02-27 23:29:00
K-1 Fiance(e) Visa Process & ProceduresDouble-Sided Printing and E-mails
Hi!

I don't think they have a preference, but I printed my 129-F double-sided, as well as all evidence for the ongoing relationship. Our petition was approved, so it's up to you. :D

I would suggest leaving the addresses visible because you have to provide them with your email address (USC) in Part D of the I-129F form anyways. Also, if your email addresses include your names (or part of your names) in it, that just helps to reaffirm proof that the emails are to/from each other. USCIS is going to know a lot about you during this process, so privacy is out the window.

Hope this helps! :star:
Lindsey8181FemaleCroatia2010-02-27 22:32:00
K-1 Fiance(e) Visa Process & ProceduresNEED NEW G-325A, Biographical Information Form

Small world! :) Our first post and we "meet" people from our common areas just like that. The world just keeps getting smaller by the day ...

Thank you for the advice too!


We'll keep everyone posted on how it goes and keep both fingers crossed while our heads are kinda spinning with all this) :wacko:


Yeap :D ..well I wish you guys the best of luck..we are still waiting for our NOA2.. we´ll keep each other updated!
vanessa.diazFemaleMexico2011-07-04 16:25:00
K-1 Fiance(e) Visa Process & ProceduresNEED NEW G-325A, Biographical Information Form

Hello Everyone,

My fiancé and I are preparing our K-1 Visa Package (I-129 F Petition, including all necessary paperwork and proof of an ongoing relationship) ... It's been quite a process so far, but we've managed to put everything together except this missing form: G-325 A, which just expired on 06/30/2011. We even looked for it on the USCIS website and searched "NEW G-325 A form for K-1 visa ..." Still couldn't come up with the most recent version.

We're wondering if anyone else has experienced this same "problem" ... or if not, any advice? Should I request it via mail from my local USCIS Field Office (Sacramento, California)? I'd prefer to just be able to print out the PDF File rather than have to rely on "snail mail" especially since we're both living in Spain at the moment.


Any feedback would be greatly appreciated!


Thank you and good luck to all fellow VisaJourney couples!

- Lana & Mauro



I´m from Sacramento too! :) And about the form..don´t worry if there isn´t an updated form on the website then just use that one,it will be fine. No problems :star:
vanessa.diazFemaleMexico2011-07-04 16:11:00
K-1 Fiance(e) Visa Process & ProceduresDebt and its effects on my chances
As far as I'm aware (and I may well be wrong) your finaces pay no part in the visa process. I recently applied and was approved for a K1 visa coming from the UK and at no time during the application was I asked about the state of my finances (I too have student loans and at the time of applying had credit card debts that I was furiously trying to pay off).

I think the main thing is that your USC fiancee can prove that he has the finances (job, savings etc) to be able to support you once you're in the US.

Hope this helps and good luck.
Stan1234MaleUnited Kingdom2008-11-25 01:08:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about wedding
QUOTE (Old Dominion @ Jan 17 2009, 08:34 PM) <{POST_SNAPBACK}>
What vows could possibly be exchanged before God in a fake wedding?


Seperation of church and state anyone?

I don't want to denigrate anyones beliefs but say all the vows you like before god in your wedding but wait for the K1 to say you vows before the state.

I think its fairly common for people to have a religious wedding and then secular marriage.
Stan1234MaleUnited Kingdom2009-01-17 14:41:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about wedding
QUOTE (laura819 @ Jan 17 2009, 03:24 AM) <{POST_SNAPBACK}>
We are planning our wedding for August 15, 2009. We've got a lot of things reserved, etc. However, I don't think we are going to recieve our visa in time. So my first thought was obviously to move the wedding. However, my pastor said that he thinks we can still do the wedding without the visa, but just not sign the paperwork. What i mean is, have the ceremony, etc, but not do a marriage license. And then after getting the visa approved, we could fill out the marriage license. Is this even a possibility? Or is it still illegal?? Please help!!!


Going back to the original post and question I can't really see the problem in going ahead with the "wedding" and then re-entering on you K1 visa (when you recieve it) and getting married for real. Have you nice ceremony which you've obviously spent a lot of time and money planning and then get married for real later. Legally as far as I'm aware you're only really married when your paper work is filed. It might be safer however rather than not sign the marriage licence to just pop down to the local town hall when you come back in on the K1.

There is the problem of being allowed into the country when you first come arrive, especially if you turn up with a wedding dress in tow! However I entered the US a number of times whilst waiting for my K1 to be approved and never had any issues with immigration. I think if you have a return ticket (and coming from the UK) you should be safe. Definitely a little risky but perhaps better than scrapping all you wedding plans?

Stan1234MaleUnited Kingdom2009-01-17 14:19:00
K-1 Fiance(e) Visa Process & Proceduresvery big problem about k1 visa
QUOTE (batista @ Jan 20 2009, 07:57 PM) <{POST_SNAPBACK}>
hello everyone here i find this site after long time searching so please i know here is best place and alot of ppl can help m

i was in realtionship with woman since 2007 and we request k1 visa to go to married here in the US

and few month ago while im waiting for my visa she want to broke up with me i dont know why and she didnt answer my email and i dont know anything now about her , and then i have met another gurl online and she also from US , so the problem now i was going to call the embassy to take my passport because i wait so much time they said they will send me the visa in few days and now i have question . can i married the girl that im in realtionship with her now , i dont mean the one broke up with me i dont mean the one file and request the k1 visa for me , i mean the one with me right now and can i married her while i go to the states , please tell me how can i married the girl not my fiancee on the k1 and where we can married and what paper we need and what she can do and what she need to do before i go to states and what should i so before go to the state , and the enbassy dont know anything about we broke up , please help me , i dont want to wait for another year to get new visa to go to states , thanks so much


So let me get this straight, you meet this girl the love of your life, someone you want to spend the rest of your days with. You're prepared to cross continents to be with her, leaving your friends, family and country behind.

For some reason the relationship breaks down and you haven't been able to contact her to find out why. So rather than trying to find out how this happend contacting her friends and family, doing anything possible to recover your lost relationship, reconcile with your fiance. You instead in the space of a few months find a new girl who also happens to also be the love of your life your life, someone you want to spend the rest of your days with. Who you're prepared to cross continents to be with her, leaving your friends, family and country behind.

And you don't think this sounds in the slightest bit suspicious? And you expect sympathy and support from the people on this site who have to go through emotional and beaurocratic hell to be with the ones they love?

If this is a serious post then your only option is to inform the embassy of your change in circumstances and re-apply for a K1. And hope that they don't (like the majority of people who have posted) think you're only out to get into the US at any cost!

Edited by Stan1234, 21 January 2009 - 02:23 PM.

Stan1234MaleUnited Kingdom2009-01-21 14:20:00
K-1 Fiance(e) Visa Process & ProceduresDrug testing
I won't worry about it. I'm sure your fiancee isn't the first person to not tell the whole truth and nothing but the truth regarding drug use.

I had my medical at the knightsbridge surgery and don't remember anything about drug use history and definitely wasn't asked to pee into a cup. Being a good looking 25 year old white boy has its perks. And even if on the off chance he is tested as long as he's not a regular user the screen should come up negative. Marijuana, from what I remember from my toxicology classes, is metabolised pretty quickly (less than a month, possibly even a few days, but I wouldn't swear to it).

Good luck.
Stan1234MaleUnited Kingdom2009-02-20 01:53:00
K-1 Fiance(e) Visa Process & ProceduresHow long to hear reply once petition is sent
Hello....

I sent mine the end of June. It was a couple of weeks when I received a notice of receival. On it, it did not have my fiancees "Place of Origin" correct. I did talk to a representative via the 800 number to correct it. They sent a message to the regional office in Laguna Niguel. They, in turn, sent a message of acknowledgement/correction. Now I am waiting to hear about the next step in the process. Does anybody have any idea how long that might take?

Chris




I sent my petition almost two weeks ago. I tracked the package and know it arrive in the Dallas Office on August 28. However I have had no response of receipt by email or text. Just wondering how long it takes?
Love and Light, Michelle


CasMalePhilippines2010-09-12 02:19:00
K-1 Fiance(e) Visa Process & ProceduresFee Changes inviting illegal immigration?


I tell what is different - they won't have to produce a police report and relatively minor offenses in their home country (such as drugs and petty crime) which would normally require a waiver are unlikely to come up in the FBI name clearance.

And yes, I have seen more than one poster in the AOS forum adjusting from tourist status have problems with the question of intent in their interview.

The "adjusting on a tourist visa" is a loophole that really needs to be closed.

And really, the fees are the cheapest thing about this whole process - if you can't afford them, you can't afford to immigrate.


Certainly - marriage is expensive, starting a life in a new country more so - a few hundred or even thousand extra dollars really shouldn't be the tipping point.

I don't know if the "loophole" could ever really be closed completely. Then again, I don't think of it as a "loophole," at least not if "loophole" is taken in its usual more-negative way.

Do you think the relatively minor offenses in the home country need to be brought up in the process? If they fall below what the FBI would catch? Not sure from the way you phrased the statement.


Marriage is cheap. A marriage license costs under $100.

It is a loophole, most definitely. It skirts the entire visa process if one is aware of it & chooses to use it.

What is exactly a 'relatively minor' offense? And according to whom?


Setting up a life together isn't cheap. There are tax consequence, real estate concerns, moving across oceans, for most people here. I was agreeing with robbinlake - if it's a few hundred/thousand dollars that makes or breaks marriage, then there are probably bigger problems.

As for the loophole and its character, that depends on your views of the underlying law, which you've never answered. You don't have to. But there's not much to discuss if you keep saying "the law is the law" when I'm asking "why do you support the law as currently written" and "what affect does it have on YOU (you being the generic "you") if someone adjusts status after entry on a tourist visa?" - innocently or through calculation.

As for the nature of the offense - I was just using robinlake's terms for the purposes of discussion.
TimsDaisyFemaleUnited Kingdom2007-07-09 17:33:00
K-1 Fiance(e) Visa Process & ProceduresFee Changes inviting illegal immigration?

Do you think the relatively minor offenses in the home country need to be brought up in the process? If they fall below what the FBI would catch? Not sure from the way you phrased the statement.



You obviously don't spend much time in the waiver section - these are brought into the process for everyone except those who adjust from a tourist visa. The reason is the police report.

Closing the loophole would be easy - make it against the law to adjust from a tourist visa or require people to show the correct visa to get married. They already do this in the UK.


No. I have read plenty there - especially since there was a time when we weren't sure if we'd be worrying about such things or not.

I asked if you thought they *should* be brought up. I know they currently can be and are brought up through police reports.

You think the loophole should be closed as well? Again, I ask, why? Same with my first question in this thread. What effect does AOS from a tourist visa have on any of us?

Big baddies get filtered in the AOS process. If all that's missing is a police report for lesser offenses, is there THAT much harm to US interests if someone adjusts from a tourist visa? (Keeping in mind that even the most stringently applied standards can miss important negative information for people and in fact do miss information all the time. And that terrorists don't seem to be using K visas to get in.)
TimsDaisyFemaleUnited Kingdom2007-07-09 17:29:00
K-1 Fiance(e) Visa Process & ProceduresFee Changes inviting illegal immigration?

The phrase "illegal immigration" is such a fun one to banter about these days in the American political discourse. In the context of most of our immigraiton journeys, however, I think it's basically inapplicable - at least insofar as the scary scary connotations it carries, with images of terrorists or people forging the Rio Grande in the dark of night.

While I certainly don't advocate skirting the laws, I pose an academic question: if someone enters the US on the VWP or any other non-marriage/fiance related visa, marries, and adjusts status, how does it affect you?

They'll still be vetted.

They'll still be paying fees.

They'll still have to report their every move to the government.

If they enter with the "intent" to marry, we here are quick to call it fraud. But how much of the really meat-and-potatoes laws are being violated? If a couple continues to live in the US with one-half illegally present, having failed to adjust status, that's a lot worse, but it's also a totally different situation.

But merely skipping the I-129F part? The separation? The pointlessness of it all? It may be against the letter of the laws, but if status is properly adjusted after married, is the spirit wholly violated as well?

Again, while I don't encourage anyone to skip the I-129F process, I certainly don't fault anyone for doing so. It doesn't affect me or my marriage. It didn't slow down my process.



I tell what is different - they won't have to produce a police report and relatively minor offenses in their home country (such as drugs and petty crime) which would normally require a waiver are unlikely to come up in the FBI name clearance.

And yes, I have seen more than one poster in the AOS forum adjusting from tourist status have problems with the question of intent in their interview.

The "adjusting on a tourist visa" is a loophole that really needs to be closed.

And really, the fees are the cheapest thing about this whole process - if you can't afford them, you can't afford to immigrate.


Certainly - marriage is expensive, starting a life in a new country more so - a few hundred or even thousand extra dollars really shouldn't be the tipping point.

I don't know if the "loophole" could ever really be closed completely. Then again, I don't think of it as a "loophole," at least not if "loophole" is taken in its usual more-negative way.


Do you think the relatively minor offenses in the home country need to be brought up in the process? If they fall below what the FBI would catch? Not sure from the way you phrased the statement.

You cannot cherry pick advice on a public message board.


What else is supposed to be done with it?


Oh, you & your red pen of (selective) correction! Bravo. :star: :whistle:


I meant you cannot pick what you want to hear only.

You need to research first, then pick what correlates.



And then pick what correlates? Picking what fits your model of research? That IS cherry picking.

It's also a pretty normal human way of processing information, no?
TimsDaisyFemaleUnited Kingdom2007-07-09 17:18:00
K-1 Fiance(e) Visa Process & ProceduresFee Changes inviting illegal immigration?

Oh, TD you beat me to it! If there's one thing to cherry pick, its a public message board!



second only to an actual cherry tree, I'd say. ;)
TimsDaisyFemaleUnited Kingdom2007-07-09 16:57:00
K-1 Fiance(e) Visa Process & ProceduresFee Changes inviting illegal immigration?

You cannot cherry pick advice on a public message board.


What else is supposed to be done with it?
TimsDaisyFemaleUnited Kingdom2007-07-09 16:32:00
K-1 Fiance(e) Visa Process & ProceduresFee Changes inviting illegal immigration?

I may be wrong, but I believe that USCIS is supported wholly by the fees....someone please correct me if I am wrong.



:thumbs:
TimsDaisyFemaleUnited Kingdom2007-07-09 12:16:00
K-1 Fiance(e) Visa Process & ProceduresFee Changes inviting illegal immigration?

The phrase "illegal immigration" is such a fun one to banter about these days in the American political discourse. In the context of most of our immigraiton journeys, however, I think it's basically inapplicable - at least insofar as the scary scary connotations it carries, with images of terrorists or people forging the Rio Grande in the dark of night.


Illegal immigration takes many non-scary forms, many are not terrorists or people forging the Rio Grande in the dark.


If they enter with the "intent" to marry, we here are quick to call it fraud. But how much of the really meat-and-potatoes laws are being violated? If a couple continues to live in the US with one-half illegally present, having failed to adjust status, that's a lot worse, but it's also a totally different situation.

But merely skipping the I-129F part? The separation? The pointlessness of it all? It may be against the letter of the laws, but if status is properly adjusted after married, is the spirit wholly violated as well?


That is all that matters. It is against the law.


There's no answer to my question there.


of course not, as there is no answer needed. Who cares if the 'spirit' is violated? It is against the law. End of story.


So much for a discussion. No need to question the laws or talk about them. They're there. Done and dusted.
TimsDaisyFemaleUnited Kingdom2007-07-09 12:14:00
K-1 Fiance(e) Visa Process & ProceduresFee Changes inviting illegal immigration?

The phrase "illegal immigration" is such a fun one to banter about these days in the American political discourse. In the context of most of our immigraiton journeys, however, I think it's basically inapplicable - at least insofar as the scary scary connotations it carries, with images of terrorists or people forging the Rio Grande in the dark of night.


Illegal immigration takes many non-scary forms, many are not terrorists or people forging the Rio Grande in the dark.


If they enter with the "intent" to marry, we here are quick to call it fraud. But how much of the really meat-and-potatoes laws are being violated? If a couple continues to live in the US with one-half illegally present, having failed to adjust status, that's a lot worse, but it's also a totally different situation.

But merely skipping the I-129F part? The separation? The pointlessness of it all? It may be against the letter of the laws, but if status is properly adjusted after married, is the spirit wholly violated as well?


That is all that matters. It is against the law.


There's no answer to my question there.
TimsDaisyFemaleUnited Kingdom2007-07-09 11:54:00
K-1 Fiance(e) Visa Process & ProceduresFee Changes inviting illegal immigration?
The phrase "illegal immigration" is such a fun one to banter about these days in the American political discourse. In the context of most of our immigraiton journeys, however, I think it's basically inapplicable - at least insofar as the scary scary connotations it carries, with images of terrorists or people forging the Rio Grande in the dark of night.

While I certainly don't advocate skirting the laws, I pose an academic question: if someone enters the US on the VWP or any other non-marriage/fiance related visa, marries, and adjusts status, how does it affect you?

They'll still be vetted.

They'll still be paying fees.

They'll still have to report their every move to the government.

If they enter with the "intent" to marry, we here are quick to call it fraud. But how much of the really meat-and-potatoes laws are being violated? If a couple continues to live in the US with one-half illegally present, having failed to adjust status, that's a lot worse, but it's also a totally different situation.

But merely skipping the I-129F part? The separation? The pointlessness of it all? It may be against the letter of the laws, but if status is properly adjusted after married, is the spirit wholly violated as well?

Again, while I don't encourage anyone to skip the I-129F process, I certainly don't fault anyone for doing so. It doesn't affect me or my marriage. It didn't slow down my process.
TimsDaisyFemaleUnited Kingdom2007-07-09 11:38:00
K-1 Fiance(e) Visa Process & Procedureshaving a Congressman call/email the service center

ok...so it seems like no one is against me asking the Congressman. it seems the verdict is that it will NOT cause any delay in processing:)

So, no one thinks it's possible that the Congressman might have a "friend" at the Service Center that would up an application for him? From the way it sounded, my contact and the Congressman work with the Service Center "all the time".

JC



1.) If there IS a friend, then you should probably hush up about it on a public message board, no? What kind of input do you want from people? "You jerk, don't think you can cut in line, you're not entitled to anything!" or "Stop bragging and wait your turn." I can refer you to members who can provide you with either phrasing you prefer.

2.) Given oversight and civil service rules it is HIGHLY UNLIKELY that anyone would risk his/her job in such a fashion. And while staffers do have relationships with agency workers, don't forget that what is possible for SOME kinds of visas isn't possible for others. I have no doubt your contact talks with service center staff frequently. but about what and with what result?

3.) If everyone here were "against" you contacting your congressman, would you not do so? Why would you care what we think you *should* do. We'll still tell you what we think you should do. But a better use of VJ may be to collect information on what you are *able* to do and the outcomes we think or likely (either based on experience, reading VJ, or pulled directly from our arses - which is a frequent source of information as well).

Bottom line: ANYTHING is possible. You could get approved in 5 days like a Cuba filers. Your contact could have a lucrative side buisness trading favors among government staff. Better question is what is LIKELY. I think that's been answered here.

My default will usually be to go ahead and contact a representative, BUT manage your expectations. Don't expect miracles. ESPECIALLY at the USCIS stage. Once you get to the State Department, you'll have a better shot, depending on your circumstances.

edit to say:

By the way, you've asked a BUNCH of questions on speeding up the process so far. You know the best way? FILE YOUR PETITION! Pull the plug! Hold your nose and jump! Anchors away! If you have already, then fill in your timeline. But you aren't going to find a better way to make progress then to get that thing in the mail ASAP.

Edited by TimsDaisy, 13 July 2007 - 02:32 PM.

TimsDaisyFemaleUnited Kingdom2007-07-13 14:30:00