ForumTitleContentMemberSexCountryDate/Time
National Visa Center (Dept of State)Need Urgent Help! Please!
Looking at the form, I would say no. Legally speaking, a person is no longer married if they are a widow, and therefore do not currently have a spouse. Since the form does not ask for information about former spouses, I would fill in those questions "NONE" or "N/A".
HeatDeathMaleCanada2011-07-20 16:01:00
K-3 Spouse Visa Process & ProceduresNeed help!!

I'm from Canada. So after we get married, I could stay there 6 months while the paper work is being processed? Could I apply for an extension of stay or would that be out of the question?

The situation becomes even worse when you tell them you are visiting your husband. CBP officers are under orders to assume that all visitors are immigration risks unless they can prove otherwise. When the visitor is the spouse of a US citizen, this suspicion quite rightly intensifies by about one thousand percent. There is no realistic way you will be allowed to visit without the combination of evidence of VERY strong ties to Canada, very short trip durations, and return transportation already purchased.
HeatDeathMaleCanada2010-01-15 01:57:00
K-3 Spouse Visa Process & ProceduresNeed help!!
When you attempt to enter the US during the visa application process, the first thing they will ask you is the purpose of your trip. If you are obeying the universal advice of this board to NEVER EVER EVER LIE TO ANY IMMIGRATION OFFICER EVER, you will tell them you are visiting your fiance. If you attempt to call your fiance your boyfriend or friend, they will notice the equivocation, intensify their questioning, discover the whole truth, and probably deny you entry outright for the attempt. Having mentioned your fiance, they will then proceed to ask you how long you intend to stay. You will probably find that if you attempt to take a 6 month vacation in the US to visit your fiance during a visa application process, you will be denied entry no matter how strong are the ties you are able to show to Canada. Ties to Canada usually include evidence of ongoing employment and residence. I find myself hard pressed to visualize an employment or rental agreement that can cope with a 6 month absence, and so will the immigration officer. In the absence of visible ties to Canada, you will almost certainly be denied entry.

Smaller visits, on the other hand, are just fine. During my K-1 application process I visited my fiancee in the US twice. Both times were for approximately 1 week. I had prepared evidence of ties to Canada, but ended up not even needing them, owing primarily, I think, to the short durations of the trips and the fact that I was flying and therefore had return tickets.

But I suspect you will find longer trips much more difficult. It is not realistic to imagine that you will be able to spend any significant fraction of the waiting period with your fiance, sad to say.
HeatDeathMaleCanada2010-01-15 01:52:00
K-3 Spouse Visa Process & ProceduresNew member preparing to file... I-94 question...
There's nothing wrong with posting more questions in this thread, but you are going to get significantly fewer views this way.

Now, this isn't my direct area of experience, so confirm these before you set them in stone, but here's my take on some of these:

1) for current status, I suspect the correct answer is "out of status". I wouldn't put that tho, I would put "see attachment", and attach a written explanation of your whole situation.

2) I would check "Other" and then put another "see attachment", possibly referring to the same document.

It occurs to me as I write this that an immigration lawyer might be a great help in drafting this attachment document.

3) If you talked to a customs officer, you were inspected. That much, at least, is relatively straight forward.

4) That makes sense and seems straight forward, particularly if you have previously referred to a detailed attached explanation.

5) Sounds right.

6) They seem to prefer None or N/A to leaving stuff blank. Follow the way the example forms are done up (with obvious exceptions related to your specific case) and you won't go too far wrong.
HeatDeathMaleCanada2010-01-20 14:35:00
K-3 Spouse Visa Process & ProceduresNew member preparing to file... I-94 question...

I am really confused. You can not enter the US with intent to immiragte but you are allowed to file your paperwork from within the US?

That is exactly correct. US immigration law is based on the fundamental concept of "intent". A century plus of case law has established that it is primarily your intent at the time of entry that governs whether you are admissable or not. Never mind the practical problems this creates for border officers and indeed, the entire immigration system. Visas are classified based on the intentions that are allowable under each one. If you are on a tourist visa, you are inadmissable if you have intent to immigrate. A fiance visa is useful because it allow you to have the intent to immigrate. Some visas are "dual intent", allowing you to both intend to return but possibly to immigrate, etc.
HeatDeathMaleCanada2010-01-15 19:25:00
K-3 Spouse Visa Process & ProceduresNew member preparing to file... I-94 question...

I am in a very similar situation. When I crossed the CBP didn't ask me anything about my trip or me, just when I was coming back. Is that going to be a problem?

The important thing is that you did not misrepresent yourself - that your answers at the time represented your honest intent at that time - ideally, that you also did not equivocate or conceal relevant information at the time of entry.

Changing your mind after entry and deciding to stay - OK.
Intending to stay and deceiving the border officer, or allowing the border officer to deceive him/herself - NOT OK (but according to the quoted case law, not apparently insurmountable either, though we still wouldn't encourage that sort of thing.)
HeatDeathMaleCanada2010-01-15 13:16:00
K-3 Spouse Visa Process & ProceduresNew member preparing to file... I-94 question...
So you entered as a tourist sometime prior to September 2008, married a USC, and stayed. You have not left the US since.

Well that simplifies several things, but complicates others.

You now have at least 6 months, and getting very close to a year of out-of-status time, possibly more. That means if you leave the US, you will incur a 3 year bar to reentry. If your out of status time is over a year, that's a ten year bar to reentry.

DO NOT LEAVE THE US!

When you entered the US on a tourist visa, you did have intention of staying. Depending on the precise words that were spoken between you and the customs officer, you may or may not have misrepresented yourself. Certainly you allowed him/her to form a false impression of you as a Canadian tourist. That may or may not be surmountable at the AOS interview.

Someone who's posts you should read is Just Bob. His avatar looks like a weird troll baby. His situation is fairly similar to yours: entered on a tourist visa, stayed for years, married a USC. He was able to successfully adjust status and is fine now. A good start might be reading every post he's ever made :)

I'm pretty sure he did his AOS with a lawyer's assistance. And so should you. Your situation is very tenuous. Don't even think of trying to do this on your own.

You might want to start a new thread in the appropriate forum seeking out advice and recommendations on lawyers. Immigration law is the same all over the US. Better an experienced lawyer in another state than an immigration newbie who just happens to be local to you. You need some serious help at this point.
HeatDeathMaleCanada2010-01-14 19:50:00
K-3 Spouse Visa Process & ProceduresNew member preparing to file... I-94 question...
This is a little outside my direct area of experience, so what you really want to be doing is searching this forum and reading anything relating to adjusting from a tourist visa.

Lots of people successfully adjust from a tourist visa. They come here on a tourist visa, having no intent to stay at the time they cross the border. They marry, and adjust status. As long as they had no intention of staying here permanently at the time they crossed the border, that's all fine. What complicates your situation immensely is the fact that you've been back and forth over the border a significant number of times since you got married, and that you had intent to stay at each time. What will count to USCIS, in terms of adjusting status, was your intention at the time of the most recent border crossing. If, at that time, you crossed the border with the intention of staying permanently in the US and adjusting status, that would be what they would interpret as misrepresentation.

Your situation is really really complicated. I strongly recommend that you hire a good immigration lawyer. You may have a fight on your hands. The good news is you may not have accumulated significant out of status time, and may not have a ten year bar on admission, since you have been admitted for 6 month periods as a Canadian tourist at least once every 6 months (hopefully!). Those multiple tourist admissions may end up saving your butt, as your lawyer may be able to represent that you have not been here illegally for 3.5 years, but have instead been a serial tourist, who simply happens to have a USC spouse, who's existence has simply happened to not have come up during any of the border crossings.

If you still had a home in Canada (unlikely), I would ordinarily recommend that the best, long term solution would probably be to move back up there temporarily and begin the process of applying for a spousal visa. Be aware though, you would have to remain in Canada for 8 months to a year to do this, but this would normalize your status and make everything nice and legal going forward. The problem with this plan is that if you have accumulated over 6 months of out of status days (which determination should be made by a lawyer, preferably with a second opinion) then leaving the US triggers a 3 year or 10 year ban on reentry. DO NOT, UNDER ANY CIRCUMSTANCES, LEAVE THE US AGAIN until you have found out FOR SURE about your out of status days. Each exit and reentry to the US carries the risk that your USC spouse will be mentioned, and they may just lock you out for an extended period of time (years to permanently).

At the moment you may effectively be an illegal immigrant, exactly as much as someone who walks in from Mexico through a PoE and disappears into the crowds, depending on how long it's been since your last border crossing, and how long you were admitted for.

I would strongly recommend against AOSing without talking to a (or several) lawyer(s). If you misrepresented yourself at the border, AOSing may be impossible. Because you were married to a USC, it will be very difficult for you to claim that you had no immigrant intention at your last border crossing. Furthermore, if you have significant out of status time, you may have a ten year bar on reentry coming if they become aware of you. If you do not have a bar against you, sneaking back out and staying in Canada while you do a proper IR-1 spousal visa would be the best bet, but do not try that until you are certain you do not have a bar against you.

You may also wish to begin the process of researching how to obtain Canadian PR status for your wife, Since you two live right on the border it may not make that big a difference to her which side of it you live on, and it may come to that. Your situation with US Immigration is, at the moment, VERY tangled, and untangling it could be a very long and difficult process.

Edited by HeatDeath, 14 January 2010 - 07:19 PM.

HeatDeathMaleCanada2010-01-14 19:14:00
K-3 Spouse Visa Process & ProceduresNew member preparing to file... I-94 question...

I'm new to this forum so here's a little background before I ask a few questions...

I'm Canadian and i've been living in the USA for the past 3 and half years, in September 2008 my wife and I were married (in the USA, she's an American citizen). I've been to and back from Canada many times since for a little over a year we lived in Vermont 2 miles away from the border.

We've been married for over a year now and I still haven't started the whole process towards getting my AOS since it seemed overwhelming at first and we've been trying to save money for a lawyer. Finances aren't great at the moment since obviously i'm unable to work a regular job in the USA, so we've decided that instead of spending a fortune on a lawyer we would jump head first and figure out how to go through this process ourselves (this forum seems like a great resource), I plan on being able to work as soon as possible.

My plans are to file the I-130 and the I-485 at the same time with everything else that's required, i'm following this checklist.. http://www.visajourn...page=i130guide2

Everything is great until I reach the point where I see this .. Copy of the non US Citizen Spouses valid I-94 (front and back copies) ... At the Canadian borders I was never given an I-94 or even ever told about it, is this something that's absolutely required? If so, how do I go about getting one right now?

Thank you for any help you can provide, if there's any advice you can give me please help!

Canadians don't get an I-94 unless they enter on some sort of visa. When you enter the US as a Canadian citizen, and allow CBP to assume that you're just in on a day trip or short vacation and intend to return to Canada within (max) a few months, they don't stamp your passport or give you an I-94, but you are effectively in the country on an informally granted B-2 tourist visa.

If you recall, on the time you entered the US immediately prior to your wedding, what, if anything did you tell CBP? Did you give them any reason to think you were intending to stay in the US? Had you obtained a visa of any kind prior to that?

You see, you may have made life very difficult for yourself. Entering the US on a tourist visa, when you are the spouse of a US citizen and intending to adjust status, may be seen as material misrepresentation. This could make adjusting status very difficult.
HeatDeathMaleCanada2010-01-14 16:12:00
K-3 Spouse Visa Process & Proceduresfees
I stand corrected. K-3 visas allow for multiple entries over a two year period, so what they allow is for your spouse to freely visit you in the US and return to their home country, multiple times over a two year period. This is particularly useful, as it can be much more difficult for spouses to get tourist visas, owing to the much higher perceived immigration risk. In some countries, as well, tourist visas are virtually impossible to get, even if you are not a spouse of a USC. A K-3 visa also allows your spouse to adjust status to permanent residence during one of these visits.

A CR1 visa, I should note, also allows for free international travel. The downside of a CR1 is that your international travel is restricted by the limitations placed on US permanent residents: You require a reentry permit to remain outside the US for more than a year, and remaining outside the US for more than 6 months delays your eligibility to eventually file for US citizenship.

So K3 visas continue to have a legitimate use: allowing the foreign spouse passage into the US for multiple visits over a 2 year period, with long periods of time between visits, with the possibility of adjusting status during a visit during this period. I think you'll agree though, that this is a fairly specialized application, and not the goal of the vast majority of people filing for fiance and spousal visas.

Edited by HeatDeath, 29 January 2010 - 03:41 PM.

HeatDeathMaleCanada2010-01-29 15:37:00
K-3 Spouse Visa Process & Proceduresfees
CR1's are cheaper than K-1s, and allow for employment and international travel immediately upon entry to the US, whereas with a K1 you can't work or travel outside the US (even back home for a visit or emergency) for a period of 2-3 months after entry. CR1s also avoid the time, effort, and extra expense of a post-immigration adjustment of status filing. The downside of CR1s [and K3s], as you probably know, is that you have to get married to start the process and face a significant period of separation from your new spouse while it processes.

On the other hand, K1s are slightly faster (1-2 months, not significant in and of itself) and allow you to stay with your spouse after the wedding. Some people find that worth the extra cost.

A K3 is the worst of both worlds: as expensive as a K1, requiring a tedious and expensive adjustment of status filing, and forcing a postnuptial period of separation like the CR1. They were designed at a time when CR1s took MUCH longer to process than they do now. There is no longer any meaningful time difference between applying for a K3 vs. a CR1, and so K3s no longer serve any useful purpose.
HeatDeathMaleCanada2010-01-28 18:49:00
K-3 Spouse Visa Process & ProceduresTraveling
You haven't specified what visa your husband is applying for (although K-3 is a fair assumption given the forum you posted in), or what consulate he is applying through, so my advice will be very general. But that's ok. Other people will come through later, by searching and reading old threads related to their issue, and this will be relevant for them too.

I traveled to the US twice during our K-1 visa process, for about a week each time, once just prior to the I-129F NOA2, and once after I had received Packet 3 but before I had responded to it.

Both times were by air. I brought evidence of ties to Canada (of the kind described above) both times. Wasn't even asked for it. The first time I stated the purpose of my trip was to visit my girlfriend's family (I should have said fiancee, but they either didn't see the I-129F on their screen, or didn't call me on it. Don't do that! :blush: ) The second time I did say "to visit my fiancee". I also mentioned that we had a fiance visa application in progress. Didn't have any problems. [Got pulled into secondary by Canadian customs on the way back, but that has nothing to do with CBP.] Granted the DHS officers stationed Canada are pretty mellow (at least compared to other postings! :)), but it should be ok. It's nice that in Canada, you clear US Customs and Immigration before you get on the plane, so that if something does go wrong you only need a car to get back home.

I went primarily to visit, though part of the second trip was to pick up some of my fiancee's documents (I-864 documentation for her and for our joint sponsor, and additional relationship evidences) that would be required for the interview.

Apartment hunting is a reasonable activity for such a trip, but unless the employer is willing to accept an indeterminate-but-probably-several-months interval between the interview and the start of employment, interviewing for a job is likely to be somewhat pointless prior to visa issuance.

Assuming he is from Canada or a VWP country, or already has a multiple-entry tourist visa, make sure he brings proof of ties to your home country, and tells the WHOLE truth about ANYTHING they ask him. He doesn't have to volunteer much, but should avoid equivocation (and for G-d's sake DON'T lie!) and he'll be fine.

If his traveling here would require a new tourist visa, most of the same advice holds. Bring lots of evidence of ties to the visa interview, and be totally honest. I have no idea, though, if they will likely give him a tourist visa given a pending spousal visa or not, no matter how much evidence he brings. That will depend a lot on how mellow the consular officer is feeling that day. In some consulates, the consular officers never feel mellow :\

Edited by HeatDeath, 08 March 2010 - 01:22 PM.

HeatDeathMaleCanada2010-03-08 13:19:00
K-3 Spouse Visa Process & Proceduresquestion regarding my pending I-130 and traveling
Your I-94 expired on June 12, 2009. You accumulated out-of-status days until the filing date of your I-130/I-485 [did you file an I-485? I assume so.] sometime in November.

So you have something like 5 months of out-of-status days. You shouldn't incur a 3 year ban upon leaving the country, but you can expect (and have already experienced a taste of) significant difficulty and hassle getting readmitted, if you don't have that AP document.

Honestly, I don't know if I would risk it, if I were you. That much out-of-status time is playing with fire, even if it's not technically enough to trigger a bar.
HeatDeathMaleCanada2010-03-08 19:02:00
K-3 Spouse Visa Process & ProceduresJust got married and now need to know which visa to file( K3?)

Hello,

I was born in Brazil and I have been living in the US since December of 2005 as a full time student. I took 2 years of ESL classes, and in 1 and 1/2 year I will be graduating. My husband and I have known each other for almost 4 years(since July 2006) and we have been married for 2 weeks:) We are about to start the whole process with the immigration documents; however, we are a little confused on which visa we should file and so on. Can someone help us? My visa is expired but I have been keeping my student status legal(F1) which means I can stay in the US as long as I keep my student status legal. Should we file for the K3?

Thank you:)


As pushbrk said, since you're already in the US on a legal status, you don't need a visa. What you need to do is adjust that status to Permanent Residence. You'll do that by filing an I-130 and an I-485. It is also a very good idea (and has no additional cost, except an hour or two of prep time) to file an I-765 (EAD application) and an I-131 application for an AP travel document. [There are some important warnings you'll see around here about using an AP document if you have accumulated more than 6 months of out of status time, but they do not appear to apply to you.]

These two forms will get you documents that will allow you to work in the US, and travel [temporarily] outside the US while the green card application is being processed. The green card will replace bot the EAD and the AP document when it arrives, allowing you to work and travel (for reasonable periods) freely.

Do NOT leave the US unless you have either an AP document or a GC in your hand. Do not work unless you have either a valid EAD or a GC in your hand.

Follow the Guides and Example forms on this site and everything should be fairly straight-forward - at least as much as US immigration ever is :)
HeatDeathMaleCanada2010-06-19 10:21:00
K-3 Spouse Visa Process & ProceduresIm getting married, does it matter if it is in US or Canada?
With a spousal visa, it doesn't matter at all, though the US border officers might will almost certainly give you a [very] difficult time if you tell them you intend to get married in the US and then leave to do the visa. Legally, you can do it. But it's a very unusual plan, and it will confuse the border officers when you tell them about it. Border officers (or any other kind of government official, for that matter) can do very inconvenient things when they're confused, and become very difficult to deal with. It's best to avoid any plan that has a strong potential of confusing a government official. :)

With a fiance visa, OTOH, it matters a great deal. You absolutely cannot be married during any point in the process. You must be single all the way through the petition and application phases, and you must be single when you enter the US. You can get married 5 minutes after you cross into the US, but if you marry 5 minutes before you enter the US, your fiance visa will become unusable, will have been an enormous waste of time and money.
HeatDeathMaleCanada2010-07-14 16:38:00
K-3 Spouse Visa Process & ProceduresLetter from USCIS
If this letter is in addition to the approval notices for the I-129 I-130, it probably says more than just "You have been issued an A#". Perhaps it says that your approved petitions have been sent to the National Visa Center for the next step in processing? That would be normal too.
HeatDeathMaleCanada2010-10-28 02:16:00
K-3 Spouse Visa Process & ProceduresLetter from USCIS
I have no idea.

An A number is the number USCIS uses to uniquely identify the file of each immigrant who ever has a petition filed for them or who files for any immigration benefit.
I can't tell from your question which of you or your husband is the USC and which of you is the immigrant.
The immigrant has an A#, simply by virtue of the USC having filed a petition for them.

The A# is generally assigned to the immigrant during adjudication of the first petition concerning them. The A# is listed on the Notice of Approval, and on any other correspondence USCIS send the immigrant.

USCIS expect the immigrant to include their A# in any future correspondence the immigrant sends to USCIS.

Having an A# is a perfectly normal part of being an immigrant applying to USCIS for immigration benefits. It is nothing to worry about at ALL.

Did this letter say anything else?

Edited by HeatDeath, 28 October 2010 - 01:25 AM.

HeatDeathMaleCanada2010-10-28 01:24:00
K-3 Spouse Visa Process & ProceduresWeighing visa decisions

I disagree completely. Guangzhou is definitely considered a tough Consulate but that's BECAUSE of all the Chinese people fraudulently pursuing visas to enter the USA. There's no reason to expect a Canadian marrying a US Citizen she met at work in China to have any more difficulty in Guangzhou then in Montreal and it will be a whole lot faster and far less expensive to interview in Guangzhou.

If you really think so, I'll accede to your judgement - you've got a lot more basis for a "read" on the IOs at Guangzhou than I do. I would just worry that if they have to spend all day, every day in "hard*ss" mode sorting scammers out of an unending crowd of stereotypically inscrutable Chinese, that they'd have a hard time "turning that off" and switching into a more laid-back mode for a single isolated Canadian who wanders into their interview booth. Do non-Chinese people applying through Guangzhou typically report an easier experience than Chinese folk?

I would advise the couple not to set wedding dates at all if they go the K1 route, UNTIL the visa is in hand. If they want to marry first, and take a spouse visa route, they can marry when and where they are allowed by local law to do so, including China, Canada or the USA, then pursue the CR1 visa through either Direct Consular Filing (if living in China) or through the normal channels.

Oh, I agree completely. The intended date of marriage you apply 9-12 months before must be very tentative. Don't put any money down or take any irrevocable actions until you have the fiancee visa in your hands, if you go that route.

Everything they read about the K3 is out of date. It's no longer available.

Correct. You can still try to follow the process to get a K-3, but you won't get one. Your K-3 process will be automatically converted to a CR-1 process before it hits the consulate, and you'll be out the money for the I-129F you filed. Just do CR-1 from the beginning, and you'll save money and things will go more smoothly.

Edited by HeatDeath, 23 December 2010 - 10:26 AM.

HeatDeathMaleCanada2010-12-23 10:23:00
K-3 Spouse Visa Process & ProceduresWeighing visa decisions
My understanding is that since she is in China on a legal status, she can request to have her visa processed, and have her interview in China, rather than being forced to fly back to Canada for the interview. To do this you would include documentation of her legal status in China [probably a student visa of some kind, from what you say], translated to English if necessary, and make a formal request in the cover letter of the I-129F packet.

You should be aware, however, that the difficulty of the interview varies radically from consulate to consulate, and that China is generally considered significantly more difficult than either of the Canadian consulates. If she has the legal right to interview in Canada, I think she should take it.

If you are going with a fiance visa, you should start the paperwork 9-12 months before your intended wedding date. If you are doing a spousal visa, you cannot start the paperwork until after you are married. [Obviously you can fill out the forms, but you can't send an I-130 petition that doesn't include a marriage certificate. They'll just reject it.]

If you get a fiancee visa, you should file for AOS plus temporary employment authorization plus advance parole temporary travel documents as soon as possible after the wedding. She will be able to return to Canada when she receives the advance parole documents, generally 6-10 weeks after you file. If you get a spousal visa, her passport will be stamped with an I-551 stamp [making it a GC for all intents and purposes] and she can travel back to Canada that afternoon.

The employment authorization timeframe is the same as the travel authorization timeframe. With fiancee visas, employment authorization shows up at about the same time as the AP documents - 6-10 weeks after filing [which should be as soon as possible - within a week or two - after you marry, which must occur within 90 days of entry]. With the spousal visa, the I-551 stamp in the passport is a GC, and is therefore also full work authorization - she could start working the afternoon she arrived.

The biggest downside to the spousal visa is that there is a forced period of separation of 8-12 months after you are married, while the visa is processing. Many people find separation from a spouse much harder than merely being forced to wait to marry. The downside of the fiancee visa process is extra cost to adjust status after entry [$1070, currently], and a period of 6-12 weeks after the filing for AOS during which the entrant cannot work or leave the US. Which visa you pursue will depend on what you two think of those tradeoffs.

Edited by HeatDeath, 23 December 2010 - 04:41 AM.

HeatDeathMaleCanada2010-12-23 04:38:00
K-3 Spouse Visa Process & ProceduresCR-1 or K-3 Practical Difference?
One feature of the K-3 made it significantly preferable to the CR-1 for a very specific group of people: it is [was] a 2-year, multiple-entry, non-immigrant visa.

With a CR-1, you are a PR from the moment you cross the US border. That means that you have to maintain your permanent residence in the US, and not stay out too long. You're free to come and go on short trips, but staying outside the US for too long can cause you to lose your PR status.

With a K-3, OTOH, you don't actually become a PR until you adjust status, which (unlike for K-1ers, who have to do it very quickly after they marry within 90 days of entry) can be up to two years after you first enter. So the K-3 was ideal for people who still had business in their home countries that would require significant extended back and forth travel, i.e finishing university degrees or closing up privately-owned businesses. It can be a little more awkward to work these things out with a CR-1, as you have to be prepared to be a full US PR from the moment you land in the US.

But for the vast majority of people, for whom the primary goal of a spousal visa process is to be permanently reunited with their spouse, in the US, as quickly as possible, the CR-1 is superior to the K-3: it takes [maybe] a little longer to process, but is substantially cheaper and allows the immigrant to work immediately.

Edited by HeatDeath, 17 December 2010 - 11:34 AM.

HeatDeathMaleCanada2010-12-17 11:32:00
K-3 Spouse Visa Process & ProceduresVisa application -- now or later ?
As far as I can remember, being over 16 will require her to go to the biometric appointments, and get some extra vaccines [maybe]. So it's extra money, but not really a big deal. The age-out points that become problematic are 21 and [maybe] 18. If you've legally adopted her, that helps, and if you start the process before she's 18, that helps too.

Edited by HeatDeath, 05 January 2011 - 10:05 AM.

HeatDeathMaleCanada2011-01-05 10:05:00
K-3 Spouse Visa Process & ProceduresVisa application -- now or later ?

This might not be the right place to ask, but ...

We're halfway through the process of obtaining K3 visas
for my wife and daughter -- we were planning on returning
to the US to live this summer.

But, now, my company has decided they want me to remain
in China for another 5 years or so. So, now we're wondering if
we should continue with the visa application process, or not ?

Some specific questions are ...

(1) If we quit, then next time we apply (maybe 5 years from now),
we'll have to start all over again from scratch, right ?

(2) Are there any US residence requirements for Green Card holders ?
Are they required to reside in the US for a certain number of
days per year, or are they required to visit the US periodically,
for example ?

(3) Are there any disadvantages to holding a green card ? US taxation,
for example ?

thanks

1) Yes.

2) Yes. You are required to maintain a permanent residence in the US. You are expected to spend at least 50% of your time in the US. Simply visiting periodically will not be enough.

3) Yes. Green card holders have to pay US taxes on worldwide income. This is sometimes ameliorated by tax treaties, but I don't know [and somewhat doubt] if there is a tax treaty with China that will save you from paying US taxes on your Chinese income.

If you, your wife and daughter are planning on staying in China for 5 more years, I would recommend cancelling the visa application process, cutting your losses now, and starting from scratch in 5 years.

The only exception might be if you were in a situation where your daughter was in fact a step-daughter who was getting close to turning 21, and/or reasonably likely to marry in the next 5 years. That would add a certain urgency to the situation. Stepchildren over the age of 21 are significantly more difficult to sponsor, particularly if they are married. They cease to be considered "immediate relatives" at that point, and begin to look at long waiting times for visa availability.

Your biological daughter would, of course, be a US citizen by birth, and not subject to these issues.
HeatDeathMaleCanada2011-01-05 03:33:00
K-3 Spouse Visa Process & ProceduresWe eloped...now what
You can certainly visit, but because you are now married to a US citizen, it will take a little extra documentation to get past the US customs and immigration officers at the airport or border station.

Do a search on the forums here for the phrase "ties to Canada." When you try to visit, the onus will be on you to prove that you are not planning to skip the visa process and just stay. You prove this by showing things like a return ticket, a letter from your boss stating when you are expected to return, mortgage/rental agreements, a copy of your visa paperwork to date, etc. Anything that shows that you are financially invested in doing this right and that dropping everything and staying in the US would be a major imposition.

It's all up to the individual border officer you get. Some will wave you through, some will want to see ties to Canada, and some will deny you. Don't worry too much if you get denied - it won't affect entering with your visa once you get it.

Above all, BE COMPLETELY HONEST with the border officers. Lying (material misrepresentation) about anything even slightly relevant is about the only way you can permanently screw up your immigration process. Be scrupulously honest at all times, bring ties to Canada when you try to visit, and the whole process will be done before you know it. :)
HeatDeathMaleCanada2011-07-19 20:23:00
K-3 Spouse Visa Process & ProceduresImmigration Interview
Unless your circumstances are very unusual, your K-3 application, if you have already made it, will be administratively converted to a CR-1. If you have not already applied, just start as a CR-1.

And yes, as was said above, CR-1 applicants interview in Montreal. I think K-3s, because they are technically nonimmigrant visas, may be able to interview in Vancouver. But it's irrelevant because, as you will find out, the vast majority of K-3 applications get administratively converted to CR-1 applications before they even get to the consulates.

You should expect to do your medical and interview in Montreal. Start saving for the trip now.

Edited by HeatDeath, 03 August 2011 - 09:43 AM.

HeatDeathMaleCanada2011-08-03 09:43:00
US Embassy and Consulate DiscussionMedical examination
One year if you are healthy or have a Class A condition.
6 months if you have a Class B condition.
Having a Class C condition renders the whole question rather moot.
HeatDeathMaleCanada2009-12-26 01:50:00
US Embassy and Consulate DiscussionI HAD NO CLUE WHAT THE CONSUL'S DECISION WAS.. I JUST HAD MY INTERVIEW TODAY. I GOT HUMILIATED...
The CO was a rude jerk, it sounds like. They have to be, sometimes, especially in places with a significant amount of visa fraud, but there's a fine line between being diligent in checking your story, and being a jerk, and it kinda sounds like he crossed it.

He'll be held accountable, in the fullness of time. Or he'll know why he doesn't have to be. God is good.

I wouldn't worry too much about the administrative processing. The extra wait is a big pain, but AP is fairly common, and legitimate people get through it just fine. Hang in there and keep the faith. God will open this door for you, unless He has a reallyreallyreally good reason why not.

HeatDeathMaleCanada2009-12-17 16:35:00
US Embassy and Consulate DiscussionDS-156 and DS-156K

All, my fiance just received his packet 3 instructions and I am a bit confused on the first letter it states, complete the DS-156 and DS-156k and dont sign.
Then on a paper a few pages in title DS-156 it state complete print out and sign and send it in order to have an interview?

I understand the DS-156K is taken to the interview but what about the DS-156? Should we send in a copy with the returned DS-230 Part I just in case they want it?

Let me know!
Thanks


The US consulates in various countries vary a lot as to exactly what forms they want, how they want them, and when they want them. In Canada, where I did my application, there are two consulates: one in Vancouver and one in Montreal. Even they have significant differences in their application processes, and they're both in the same country.

You haven't yet indicated from what country you are applying in your profile, so it's very difficult for us to know which consulate you are dealing with.

I found, as I was applying, that I was able to get the best, most authoritative answers for this part of the process from the consulate itself. The US consulate in Vancouver has an email address specifically for visa application questions, and they are usually very good about providing timely, authoritative answers to visa application questions. Unlike USCIS, for whom it is very difficult to reach someone authoritative, I found dealing with the consulate very easy. You should check to see if your consulate has a similar email address. If they do, dealing with them may be the easiest way to get answers for visa application questions.

Additionally, if you fill out your timeline and profile, so that other people here can tell which country you are applying through, other people who have applied through your country and have more immediate experience will be able to tell you their experiences: what they did in similar situations and how it worked out.

Best of luck!
HeatDeathMaleCanada2010-01-10 18:41:00
US Embassy and Consulate DiscussionDress Code for Civil ceremony???
Whatever your wife will let you get away with! :devil:

[If you are the wife, whatever you want!]
HeatDeathMaleCanada2010-01-21 15:26:00
US Embassy and Consulate DiscussionVisa Interview Disaster!

Luckily we already knew about the I-134...there's a weird question on it though - perhaps someone here as an answer - I don't have a copy of the form in front of me, but there is a question regarding whether or not I'm going to be giving him monthly payments...or an allowance of sorts?

My initial reaction was to check the box that said "No", as I don't plan on giving him a set amount of cash each month...I mean, we're married, bills will just get paid out of a joint account...

I thought I read something, however, that said London wants this box to be checked yes...??

And if this is the case, the form wants you to basically itemize how much you will be giving and for what...which seems rather odd to me...

Anyway, I was unsure, when I went on my trip to England, whether it was the I864 or the I134 they wanted, and whether it should be checked yes or no...so I simply filled out the I864, and 2 copies of the I134, one where I answered yes, and one where I answered no...and left those with hubby...figured we get the answer and he could just take the one that was appropriate...

Any thoughts, anyone?


I intend [] do not intend [] to make specific contributions to the support of the person(s) named in item 3.

(If you check "intend," indicate the exact nature and duration of the contributions. For example, if you intend to furnish room and board, state for how long and, if money, state the amount in U.S. dollars and whether it is to be given in a lump sum, weekly or monthly, and for how long.


On ours, for question 11, my wife checked "Intend" and under the explanation, wrote "I intend to marry him and hold property in common as husband and wife."

I think the reason the question seems strange to engaged and married ears is that the I-134 is a general purpose affidavit of support form, used for many other types of visas, most of which do not involve romantic entanglement between the sponsor and the beneficiary.

Edited by HeatDeath, 04 February 2010 - 02:01 AM.

HeatDeathMaleCanada2010-02-04 02:00:00
US Embassy and Consulate DiscussionPolice Clearance validity duration
A similar thing happened to me in Canada. My police certificate technically expired on the day of my interview, and that only because I got my interview date very quickly after faxing in my Packet 3 stuff. It would have been expired under any normal circumstances, so had I emailed the consulate to ask about that. They responded:

Validity of documents - in general, all documents are valid for one year
from the date of issuance, including police certificates.

So it seems like they don't particularly care about the validity date on the police certificate itself.

Might be a good idea to email/call them about it though.

Edited by HeatDeath, 10 February 2010 - 02:53 PM.

HeatDeathMaleCanada2010-02-10 14:52:00
US Embassy and Consulate DiscussionUS Consulates in Canada
There are US consulates in virtually every major Canadian city, and a US Embassy in Ottawa. All of them provide emergency services to American citizens in Canada. All of them serve as local offices of the US Department of State, and as liaisons for the US Government with the local provincial governments, local media, etc. For example if the US government wishes to discuss something with the Premier of Manitoba, the meeting will probably end up being between the Premier and the head of the Winnipeg US consulate.

But only the Vancouver and Montreal consulates have "Visa Sections" - departments that issue visas, and only the Montreal visa section issues IR-1 and CR-1 visas. That means that if you need a visa, you have to travel to the consulate whose visa section issues it.

Make sense?

Edited by HeatDeath, 18 February 2010 - 11:54 PM.

HeatDeathMaleCanada2010-02-18 23:52:00
US Embassy and Consulate DiscussionPut on AP, but confused...

Thank you for that helpful reply. He was also given a pink slip and a blue slip. Now my question is that good news or bad news or no news at all. I understand the security check. they told him to send the passport when they call him. Several months just seems liek forever compared to how fast our process *by the grace of god* has been. Not even 10 days and he got an interview call. I just want to make sure things are ok.

Slips I don't know anything about. But I do know that the people here who do know slips will need you to type out the precise wording on the slips in order to be able to give you a solid answer.
HeatDeathMaleCanada2010-02-23 14:25:00
US Embassy and Consulate DiscussionPut on AP, but confused...
The fact that they gave him instructions for eventually sending his passport is a positive sign. It probably means that he's basically approved except for this issue. Taking his signature and finger prints is also positive. If it was to be a flat denial based on lack of relationship bonafides (their usual catch-all excuse) they wouldn't bother with biometrics.

As a result of compromises put in place when the Department of Homeland Security was formed after 9/11 (see the article I posted in Immigration News about the Christmas Bombing and the "turf war" that exists between USCIS and the State Department on visas), every visa section at every US embassy in the ME has, in addition to the Department of State consular officers, officers of the DHS who do additional background checks, which they usually refer to as "Administrative Processing", on virtually all visa applicants. It's a very normal part of applying in any MENA country, and is nothing, in itself, to worry about. And yes, they never do give you the actual reason for AP background checks, and if they've told you not to bother contacting them until AP is done, then you should not bother contacting them until AP is done.

It sounds like he was basically approved pending two issues: the very common security background checks, and the issue with his passport. Normally they would keep the passport during AP, but it sounds like there's some sort of problem with his, so they're just letting him sort that out while they do the AP. AP can normally take several months, so he has plenty of time to order a new passport or do whatever he needs to do, but just the same I would get right on that.

You can take heart: if they had a reason to deny they'd have done it by now, to save themselves the effort of the background checks. If the AP checks go well (and they virtually always do, even if they take several months) and he gets his passport sorted out (I assume they gave him more detailed instructions about what was wrong with it and how to fix it), then everything should be fine.

I don't think there's anything to worry about right now. Just more waiting, and that'll be over before you know it :)
HeatDeathMaleCanada2010-02-23 14:06:00
US Embassy and Consulate DiscussionForm DS-156 Question 38 please help

Thanks guys.
I didnt mean for my post to be misinterpreted.

I figured. The detailed warning about misrepresentation is more for the benefit of the anonymous hordes (Hey everybody! :) ) who in the weeks and months to follow will find this thread by browsing or by searching when they're researching their own processes. It's a warning that can't be repeated often enough.
HeatDeathMaleCanada2010-02-24 19:51:00
US Embassy and Consulate DiscussionForm DS-156 Question 38 please help
Ticking "yes" on that box is not an automatic rejection of your application, by any means. People with minor infractions on their records get approved all the time. The consular officer will review your record and discuss it with you and make the call as to whether your record matters or not, but if it's just a DUI from years ago you should be fine.

Lying about it, on the other hand, will get you a summary denial and lifetime ban for material misrepresentation - the willful lying about or concealing of information that would make a difference as to your approval. Always tell the truth, the whole truth, and nothing but the truth in response to any question you are asked. You don't need to volunteer stuff they don't ask for, but never ever attempt to lie or conceal information from them. Even if it works temporarily, that misrepresentation can pop up in a later immigration step even years later and wreck your whole life. Don't do it.
HeatDeathMaleCanada2010-02-24 17:33:00
US Embassy and Consulate DiscussionPacket 3
A few weeks after you get your NOA2, the USC partner will get a letter saying that the National Visa Center has received your approved petition and are forwarding it to your consulate. A week or 3 after that the UK partner will receive a package from the UK consulate/Embassy saying that they have received your approved petition and can process your visa application. This package will ask you to fill out and fax them some forms, and to let them know when you have gathered some other documentation. This initial package sent to you from the UK embassy/consulate is called "Packet 3" for reasons that are largely historical.

"Packet 1" is the I-129F packet you sent USCIS, or possibly the NOA1 they sent you in response. Either way,
"Packet 2" is the NOA2 USCIS will send you when the I-129F petition is approved.
That makes the next packet - the visa application packet sent to you by the local consulate, "Packet 3".
When you have sent the consulate everything they ask for in Packet 3, they send you a letter giving you an interview appointment and detailed instructions of what to bring to the interview. This letter is sometimes called "Packet 4".

Hope this helps.
HeatDeathMaleCanada2010-02-28 14:51:00
US Embassy and Consulate Discussionlong version of birth certificates

I know what it says and you won't find the words "whether they are coming with you or not". Birth certificates are not required from people not applying for visas. That's just the way it is, regardless of what you read in some instruction. You'll read instructions asking for notarized affidavits of support too. They are outdated instructions. The DS 156k is simply incomplete in its instruction about birth certificates.

I hate to disagree with you, since you're virtually always right, but I'm looking at a DS-156K right now. Question 5 asks you to list "all unmarried children under 21 years of age", and the instructions immediately beneath it ask for "Birth Certificates of all children listed in Number 5". If other instructions on the form were obviously outdated in any way I might be inclined to disregard those "all's", but there is no reference on this form to notarization of anything. All it asks for is "Evidence of financial support." Perhaps the DS-230 or the DS-156 is outdated and requires some nontrivial reinterpretation, but the DS-156K, by itself, clearly and unambiguously asks for the birth certificates of all unmarried children under the age of 21, and provides no textual reason to suspect that any of these instructions are outdated or require nontrivial reinterpretation.
HeatDeathMaleCanada2010-02-28 15:45:00
US Embassy and Consulate Discussionlong version of birth certificates

Since your adults are not applying for visas, they will not be needed until or unless they do.

The DS-156K says quite unambiguously that you need birth certificates for all unmarried children under the age of 21, whether they are coming with you or not. Combined with what the Packet 3 says about short vs. long form, you definitely need long form birth certificates for any such children. If your college-age children are over 21, you don't need their long form birth certificates, otherwise you do, even if they aren't coming with you.

Edited by HeatDeath, 28 February 2010 - 01:58 PM.

HeatDeathMaleCanada2010-02-28 13:58:00
US Embassy and Consulate Discussionlong version of birth certificates

You are inadequately informed. Canada and UK, for example have "short"er forms of birth certificates and the OP is from Canada. Their long form is equivalent to the US "standard" birth certificate. The short one doesn't carry the parents' names.

Some questions require country specific answers. This was one of them.

Pushbrk's description of the options for Canadian birth certificates is exactly correct. The Vancouver consulate's Packet 3 actually uses the term "short-form birth certificate" and says that "short-form or wallet sized birth certificates are not acceptable for visa purposes." The Province of Manitoba form that I used to order my birth certificate worded the format option as "Large" or "Small", but they have since revised the form, and the new form (two pages instead of one) uses the extra space to provide the more verbose but clearer options of "Birth certificate with parents name's" and "Birth certificate without parent's names."

My whole life, the only birth certificate I had ever had was a wallet-sized laminated card printed in the late 70's. I must've taken more than a dozen trips to the US with it. I had never even heard of "long-form" birth certificates before beginning this process. The Manitoba long-form birth certificate is significantly larger than wallet sized, 6 by 4 inches or thereabouts, printed on a plastic film with numerous security features, including transparent regions. It's a pretty cool document :)

Edited by HeatDeath, 28 February 2010 - 12:06 AM.

HeatDeathMaleCanada2010-02-28 00:02:00
US Embassy and Consulate DiscussionQuestion about I-134
For question 7, for my wife, we just put "n/a" in the text fields, 0 for the income, and other numbers in the property and other fields as applicable.
HeatDeathMaleCanada2010-03-09 02:48:00