biggish data

Can we slow the process down? >.<

We were in a very similar situation. I was teaching at a high school, so we had no intention of me moving down to the US until early-to-mid July, with the wedding scheduled for September 12. Our NOA2 showed up on January 7, and the Packet 3 on January 28th. When the NOA2 showed up, I got an excited, slightly panicked email from my now-wife asking if this was too early

I couldn't even have sent the Packet 3 stuff back promptly even if I had wanted to, because my now-wife had not yet done the I-134, as our intent had been for me to pick that stuff up hen I went to visit her at the end of March, to save on what was already a mounting postal bill

I worked our schedule backwards, knowing that I had to marry within 90 days of entry. Well, September 12 was well within 90 days of early-to-mid July, so that part was still good. Six months before early-to-mid July was early-to-mid January, so we knew that as long as the visa wasn't approved in January, we were still good. Our plan had been to fax back Packet 3 in the first week of April, after I returned from visiting her during Spring break. Four months (the length of the NOA2 validity) from January 7th would be May 7th, so that part still seemed good.

So I sat on Packet 3 for 69 days, from January 28th until the second week of April, and then faxed it in. As it happens they initially issued me an interview date for 6 weeks later: May 29th. Which would have been after the end of the NOA2 validity period. I emailed them to ask if this was a problem, and they replied with the terse but comforting "Petition validity – Can be extended on the date of your visa interview.", indicating that it was not a problem. When I later emailed them to ask if it were maybe possible to move it up to earlier in May (as my work was already quite curious as to whether or not I would be returning in September, and I obviously couldn't answer them without a visa in hand) they were able to reschedule me for April 29th, still within the NOA2's four-month validity period. I was approved at the interview, collected my visa the next day, and entered the US on July 12. So everything worked out fine.

There are two direct methods of lengthening out the visa application process. The first is sitting on your Packet 3. The downside of this is it can result in not getting an interview until after your I-129F NOA2 has expired, although in my experience with Vancouver, as long as you send in your PAcket 3 during that period, they will extend the NOA2 at the interview. [I think the primary purpose of the NOA2 validity period is to give them an official justification to close long-outstanding visa applications, in the cases where they send out a Packet 3 and never hear from the beneficiary again. If you are in semi-regular communication with them, and they know that your application is sill pending, I don't [i]think[/i] they're too sticky about it. That's Vancouver anyways. Other consulates (especially the ones where they're just looking for an excuse to deny!) may be another issue altogether!]

The other method would be, of course, requesting a late interview when you fax in your Packet 3 checklist. Note that surprisingly, Vancouver seem reasonably amenable to negotiating interview dates by email after the PAcket 4 is received by you.

So between those two methods, you should be able to end up with an interview in the timeframe you want. Hope this helps!

HeatDeath

Male

Canada

2010-03-18 13:22:00

Divorce Certificate has wrong Birthdate

The divorce decree will definitely need to be translated into English. I have no idea if the wrong birthdate will cause a problem or not. USCIS will be using the divorce decree to determine if she is legally free to marry, so it is very important that she be readily identifiable as the subject of the divorce decree. Without seeing it (do NOT scan and post it here - too much personal information!) I simply don't know if there is enough other personal information on the divorce decree to unambiguously identify her despite the wrong birthdate.

It may be worth looking in to how big a hassle it might be to get that corrected. A notarized letter from a court official acknowledging and correcting the error (which would of course also need to be translated into English) would probably help significantly.

HeatDeath

Male

Canada

2010-03-22 22:52:00

I-134 affidavit of support

Download a blank I-134 from www.uscis.gov. Double-check the instructions. In all likelihood, they will say it's fine as long as you PRINT neatly and use black ink.
Do at LEAST one practice run, filling out a blank form completely correctly. Triple check everything. When, and only when you are completely satisfied with the practice form, carefully copy it's information on to the signed one.

HeatDeath

Male

Canada

2010-03-22 22:45:00

mecial/interview

If you were going through the Vancouver consulate, you'd be able to do the medical and the interview on the same day. That service is offered by the panel physician in Vancouver. On the other hand, you'd pay through the nose for that convenience, so it kinda balances out.

I was therefore able to do the whole thing in one two-day trip, which is good, as Vancouver is a lot more than 9 hours from Winnipeg

More like 6 hours by plane! (Course that's because the reasonably cheap WestJet commuter flights seem like they land at every wide spot in the road between Winnipeg and the Rockies!)

US immigration procedures seem to be designed for small countries, where everybody is no more than 3-4 hours from a US consulate. Sucks to be in a big country and have to deal with regulations designed for a small one, don't it?

Edited by HeatDeath, 21 March 2010 - 08:14 PM.

HeatDeath

Male

Canada

2010-03-21 20:11:00

Where are K-1 approvals sent?

You having moved is not a problem with regards to the interview or visa approval. Once your fiancee gets her Packet 3, all of the processing is done by her personally until she shows up on your doorstep after PoE. The consulate leaves the petitioner completely out of the loop.

I second on Tracy's advice though. The AOs process will need a copy of that I-129F NOA2 approval notice. If calling the 800 phone number for USCIS doesn't accomplish anything (it's not called the mis-information line for no reason!) make an InfoPass appointment to get that sorted out. You have some time, obviously. AOS can't be filed until after you marry (though it should ideally be filed within the 90 days after she enters on the K-1), but you really won't feel like dealing with immigration stuff after the wedding. Best to get it out of the way as soon as reasonably possible.

HeatDeath

Male

Canada

2010-03-24 16:22:00

Can K1 Visa be moved to K3

Pictures and other proofs you send with the I-129F won't affect the speed at which the I-129F gets approved one way or the other. USCIS doesn't really look at your relationship evidence except to establish that you and your fiancee have met, which is to say that you've been in the same room (or outside area, picky picky picky

) at the same time [and ideally interacted with each other, though that may not be legally necessary

] sometime in the past two years, which is all the relationship you two legally need to get an I-129F petition approved.

Beyond that, all USCIS do with the relationship evidence is pass it along, with the rest of the packet, to the NVC, who don't look at the relationship evidence at all. They just pass it along to the consulate where your fiancee will interview.

And that's where things get interesting. The consulate will look very long and very closely at everything they receive from the NVC. They are likely to be quite curious (depending on just how much your "ring ceremony" looked like a real wedding by local customs. If it looked real enough to satisfy fussy in-laws, it probably looked real enough to confuse the consulate officer) as to exactly how she can still be "legally free to marry" after a "ring ceremony".

She must be absolutely, positively, CRYSTAL CLEAR with them at all times that she is NOT married to you, that that ceremony did NOT constitute a wedding, and that she was, is, and will remain legally free to marry you AFTER she enters the US. If she so much as slips and accidentally refers to you as her husband one time, you two may be forced to kiss the K-1 visa goodbye, and spend many months of extra delay and hundreds of dollars applying for a spousal visa.

These unofficial "wedding but not-really-wedding" ceremonies so many people doing a K-1 try to do are really playing with fire. I understand the pressure many couples can come under, especially in countries where the beneficiary's parents cannot easily arrange to travel to the US to attend the real, legally-binding wedding, and I sympathize, but consulate officers are simple creatures. They are easily confused, and their confusion can make your life very difficult. It is best to avoid any kind of behavior that will confuse them

HeatDeath

Male

Canada

2010-03-22 21:57:00

I didn't know this would go so fast...

Thank you for your answer. What other proof of ties to France can I bring there?
I'll try to have a letter from my employer.

"It's all about the benjamins, baby..."

Seriously, monetary ties are what they really want to see, and the more the better. Employer letters are good. Rental agreements/mortgages are even better. Utility bills are good too. Basically, they feel most comfortable if you can prove that it would cost you an arm and a leg to skip your return trip and stay in the US. If you search the forums for the phrase "ties to" you'll find dozens of threads on the subject, easy.

Edited by HeatDeath, 25 March 2010 - 06:58 PM.

HeatDeath

Male

Canada

2010-03-25 18:57:00

Thanks so much for the replies. I appreciate everyone helping me out.

I have a few more questions related to the AOS

1.Since my fiance and I have just returned from being in Korea, neither of us have a job. Just like the affidavit of support completed for getting the visa we got his brother to co sponser me. We are planning on doing the same this time around for the AOS. Does my fiance have to fill out a I-864 as well as his brother? Am I correct in saying that his brother (that does not live in the same household) is the only joint sponsor? so the brother would check 'd' on the part 1 section of the I-864 form?

2.I have been trying to find a good check list for the requirements needed for the AOS just like for the earlier steps in this process. Does anyone have a link to a check list?

3. When filling out all the forms for the AOS do I make sure I use my maiden that matches my passport name even though I will be married and will be using my husbands name?

4. What other 'evidence' did people put in their AOS packet like photos etc? Do I need to? it doesn't mention it on the USCIS forms etc.

5. Do you include the EAD and AP form in the AOS packet? So it is sent altogether?

6. Can you just submit a photocopy of your birth certificate not the original?

Big thanks to everyone again!!

Regards

Amanda

1 ) Both your fiance and his brother have to fill out an I-864. Yes, his brother would have to select 'd' as the only joint sponsor.

2 ) This is what I included:

- Payment in the amount of $1010
- I-485
- I-485 Supplement: Part 3, C: Organization Membership
- Birth Certificate
- Copy of passport page with K-1 nonimmigrant visa
- Two (2) passport-style photos
- I-693: Medical Examination Report Vaccination Supplement [in sealed envelope]
- G-325A and G325A Supplement: Employment Last Five Years [Four (4) copies of each]
- I-864: Affidavit of Support: [Petitioner]
- Written Explanation of Federal Tax Returns: [Petitioner]
- Income Tax Return: 1040 EZ for 2007: [Petitioner]
- I-864: Affidavit of Support: [Joint Sponsor]
- Proof of Citizenship: Photocopy of biographic page of passport: [Joint Sponsor]
- Employer Letter: [Joint Sponsor]
- Income Tax Return: 1040 for 2008: [Joint Sponsor]
- Income Tax Return: 1040 for 2007: [Joint Sponsor]
- Income Tax Return: 1040 for 2006: [Joint Sponsor]
- I-797: Fiancé Petition Approval Notice
- Marriage Certificate
- I-94
- I-765
- Copy of passport page with K-1 nonimmigrant visa
- Two (2) passport-style photos
- I-131
- Official Photo Identity Document: biographic page of Canadian passport
- Documents issued by USCIS showing present status in United States:
- Photocopy of page of Canadian passport showing stamps from previous entries to United States
- Copy of passport page with K-1 nonimmigrant visa
- I-94
- Two (2) passport-style photos

Now you're only going to need one copy of the G-325, not 4, as the form has changed.
Also, your I-864 specific evidences will be slightly different.

But this is everything I sent, and I got approved in 2 months, with no interview. It worked for me.

3 ) Fill out the forms using the name you want on your GC. This is probably your married name. I believe there is a field on the form for "Other names used." That's where you would put your maiden name.

4 ) The AOS packet doesn't need any relationship evidence besides the marriage certificate. If you have an interview, you will want some relationship evidence then. But for the packet, no, you don't need any extra evidence.

5 ) Yes, you include all three forms in the same envelope. A single check for $1010 covers all three forms.

6 ) Yes. You don't submit originals of anything (except the signed forms and passport photos, obviously). You bring the originals to the interview, if you have one.

Edited by HeatDeath, 28 March 2010 - 02:22 PM.

HeatDeath

Male

Canada

2010-03-28 14:21:00

While im at it, can anyone help me with some AOS terminology. What is an "A-number" and what is the I-94?? is it the visa that is in my passport??

Cheers everyone

Amanda

Every immigrant who gets processed by USCIS has a unique A number. it is a 9 digit number, of the form A###-###-###. It is written above their name on the NOA2 approval notice from the I-129F petition, and will also be printed on their visa.

The I-94 is a white piece of paper given to the immigrant at the CBP Point of Entry when they enter the US with their visa. The PoE will usually staple it into their passport on the facing page from the visa, so it doesn't get lost. It has a 10-or-so digit number written across the top, but it's most important feature, as far as you are concerned, is an expiration date, in large print, which will be (for a K-1) 90 days after the date of entry. With a K-1 visa, you MUST be married before this date, or your fiance will have to return home.

HeatDeath

Male

Canada

2010-03-22 22:12:00

Yes, exactly. You fill in the information about you, but sign NOTHING. The rest of page 1, page 2 and 3 are left blank. My CS didn't even include pages 2 and 3 in my sealed envelope.

You go to the public health department and get your vaccinations. They will give you a record of your shots for you to keep. Do not let them fill out Page 4. You take the record the public health department gives you to the CS, and the CS copies [transcribes] that record on to Page 4. The public health department people don't need to even touch your I-693.

The same CS will sign and fill in Page 6.

Your fiance's insurance is irrelevant. CS's aren't covered by the vast majority of plans, and will only accept normal money (cash, credit, cheques, etc).

You can do a search to find a listing of CS's in your area at https://egov.uscis.g...office_type=CIV , on the www.uscis.gov website.

HeatDeath

Male

Canada

2010-03-22 22:08:00

You do not fill in any part of the I-693. You will need to visit a civil surgeon (you can find a listing on www.uscis.gov), convince them you do not need a full medical exam

(Some CS's can read the I-693 instructions and already know that K-1 holders do not need a full exam. Phone around until you find one), find out from them what vaccinations you need, get the vaccinations from them or some other doctor/public health office in the area, and have the CS fill out the I-693 Parts 1, 2, and 5.The CS will seal the partial I-693 in an envelope, and you include that sealed envelope in your AOS packet.

HeatDeath

Male

Canada

2010-03-21 21:07:00

Opinion - 10/10/10 Wedding Date possible?

I'm sorry. I hate to be the bearer of bad news, but I don't think you're going to make it. You have basically 6 months. The I-129F processing will probably be at least 3 of those. It could happen in 2-2.5, but I'd be very surprised. Even if it finishes in only 2, you have another 2-3 weeks for it to go through the NVC to get to Montreal. Montreal, unfortunately, has a several month backlog for interviews right now. It will be very very tight, if it can happen at all. I wouldn't put any money down [on facility reservations, catering, etc] at those odds. Sorry.

Edited by HeatDeath, 29 March 2010 - 04:01 PM.

HeatDeath

Male

Canada

2010-03-29 15:58:00

What am I waiting for exactly?

When our K-1 had just been approved (January 7, 2009), my USC now-wife got the NOA2, then 2 weeks later (Jan 21) she got a letter from the NVC confirming that they had received the approved petition, and were forwarding it to the consulate in Vancouver. That was the last thing she received from the whole visa process. 1 week later I received Packet 3 from the Vancouver consulate, and from then until PoE, I was the one doing all of the dealing with the consulate.

It's only been a week yet, so there's no need to worry yet. Your NVC letter will probably be another week or so, with your Canadian half receiving the Packet 3 (the visa application forms from the consulate) about a week after that. No need to pester the NVC yet. Everything seems to be going just fine.

Now if neither of you has heard anything after another month, that's when you can start worrying. But for now, you can relax a little. Step 1 (the petition) is done. You get a little break before beginning Step 2 (the visa application). Fortunately the timeline for Step 2 is much more under your control, especially if you're going through Vancouver - Montreal still has that interview backlog delay, I think. The other nice advantage of the visa application step is that you get to deal with the consulate directly if you have any questions. I found Vancouver to be very prompt and helpful when responding to email questions about the application process.

[FYI: The 5 Steps of the K-1 visa journey:
Step 1: Begins when you send in the I-129F packet, ends when one of you gets PAcket 3.
Step 2: Begins when you send in the Packet 3 checklist, ends when you receive the passport with visa, and the sealed envelope packet.
Step 3: Begins when you hand the visa and sealed packet to the PoE officer, ends when you receive a GC and an unrestricted SSC.
<21 month break. Yay!>
Step 4: Begins when you send in the I-751 packet. Ends when you receive a 10-year GC.
Step 5: Begins when you send in the naturalization packet. ends when you receive a naturalization certificate and a US passport.]

HeatDeath

Male

Canada

2010-04-01 15:54:00

When can I start applying for a visa?

Seriously, there's no waiting period? Don't get me too excited! I'll see what I can do with my daughter, that might be a trickier situation. I assume I'll need a DNA test or something since she was, technically, married at the time.

Thanks a lot for the help. It's very much appreciated.

Yep. As far as the divorce is concerned, the only waiting period is how long it takes her to get the relevant documentation to you. Once you have a translated copy of the final divorce decree in your hand, you can slip it into the envelope with the rest of the I-129F packet and send it off that afternoon.

I've got no idea, though, what the process for a CRBA is, or what kind of documentation they'll need. Are you listed as father on the birth certificate? That would, I suspect, simplify things immensely.

Edited by HeatDeath, 01 April 2010 - 09:02 PM.

HeatDeath

Male

Canada

2010-04-01 20:59:00

Planning the wedding before you get a yes?

Our planned wedding date, set in late August 2008, was September 12th, 2009. We filed our I-129 in October 2008. It was approved in early January 2009. My visa interview, in Vancouver, ended up being April 29th, 2009, and the visa was approved the next day. Prior to the interview, we had purchased the dress (no risk there - it would definitely get used at some point) and put some money down on the reception center. That latter one was admittedly risky, but it was way off into the future, and we did need to book the place so we figured it would be ok. We had arranged some limited flexibility with the final date with the reception center, and we also got a significant discount for booking a 2009 wedding prior to January 1, 2009, so that mitigated some of the financial risk.

Remember, though, I was teaching in a school at the time. We knew that no matter when the interview was, and no matter when the approval was, that I wouldn't be leaving until early-mid July 2009 at the absolute earliest. Indeed, we were more concerned, early in the process, about approval coming too early than too late!

So our schedule was a lot more relaxed and flexible than a lot of people's here. Given that, and how far off in the future the intended wedding date was, we felt pretty safe about it. We figured that any bumps in the road or delays would undoubtedly have been solvable in that time frame.

Planning a wedding for 4.5 months after your interview date is probably pretty safe, as long as you're from a part of the world that doesn't habitually get multi-month AP delays after the interview. 1 month or less after your interview date is far far riskier.

Edited by HeatDeath, 04 April 2010 - 12:34 AM.

HeatDeath

Male

Canada

2010-04-04 00:31:00

How long do you have to enter the US once you are approved for the K-1 Fiance Visa?

Hello,

Just wondering how long I have to enter the US once I have my Fiance Visa approved?

Also I know no-one has probably EVER asked this as everyone normally want's to just get straight over there. But is there anyway to stall the process as I am having to need more time to save up. ie do you get sent a date to for your interview and you HAVE to go, you can't get in touch and ask for another date? Or is there anyother way to stall the process to make more time.

How you stall the process depends on where you are in the process, and which consulate you are going through.

Once you receive your I-129F NOA2, it is valid for 4 months. The idea is that you have 4 months to complete the visa application process with the local consulate. Most consulates will delay your interview and extend this expiry date (some say for up to a year, but it will probably vary from consulate to consulate) if you are in contact with them and actively pursuing the application process, and have a good reason for the delay. The Packet 3 form will give you the opportunity to request a date range for the interview, and at least some some consulates are fairly accommodating about setting a date to suit your needs. I know Vancouver Canada was. They will issue you an interview date, but may be amenable to further negotiation to end up with a date that meets your needs. You pretty much have to contact them and ask. It won't hurt.

Once you have your interview, and the visa is issued, you will have 6 months to enter the US. That interval is carved in stone, and not amenable to extension or adjustment. So any extending of the process beyond that 6 months needs to be done prior to the visa approval.

It is perfectly fine if you enter the US on the 2nd last, or even on the last day of the visa's 6 month validity. Once you enter the US, you must marry within 90 days of your entry. It is also highly advisable to file your AOS before that 90 days finishes.

HeatDeath

Male

Canada

2010-04-05 23:05:00

Flight transfer in US while waiting on K1

It was technically a true statement. If the POE officer wanted more info, she had a letter from work, her itinerary and would have given more info.

PoE officers are not generally noted for having a philosophically sophisticated understanding of the concept of "truth". :lol:

They tend to get upset when they feel they've not been told something they would have wanted to know. That's their definition of "truth".

It's generally best to play their game according to their rules

Edited by HeatDeath, 30 March 2010 - 12:13 AM.

HeatDeath

Male

Canada

2010-03-30 00:12:00

Flight transfer in US while waiting on K1

Wrong Gary,

There is no such thing as a "transfer" area in any US airport... ALL arriving passengers are required to clear US Immigration... For the OP this most likely would happen BEFORE they depart Canada

On reflection, this is absolutely correct. I didn't quite realize at first (the OP's flag threw me off) that the OP's fiancee would be flying into LAX from Canada. That being the case, she WILL have to clear US Customs and Immigration at the Canadian airport before she even gets within 100 yards of an airplane heading for a US airport. Which makes her trip exactly the same as my trips to the US during my K-1 processing, in that regard (see my previous post). Perfectly doable, but bring a folder full of proof of monetary ties to Canada (employer letter, mortgage/rental/lodging contract/agreement, utility bills, full itinerary, return trip e-ticket, etc). Be perfectly forthright and honest about everything with the customs officer, and everything should be fine.

Edited by HeatDeath, 29 March 2010 - 11:06 AM.

HeatDeath

Male

Canada

2010-03-29 11:05:00

Flight transfer in US while waiting on K1

Hrmm, there seems to be a difference in opinion on this one....I would assume to say she's not actually entering the US, but based on the post above, if it's true that some airports don't have 'sterile' transfer areas, then I guess there's a possibility she'd have to clear customs. It sounds pretty inefficient to me, but hey, I don't make the rules.

Let's just assume for a second there isn't...she can bring proof of ties to Canada just on the off chance she gets questioned. However, I would say that since she is transferring planes, that alone is 'proof on onward passage' so I mean at the very worst...she gets detained (which I think the likelihood of that is close to 0), she could say 'hey, walk me to my plane and watch me leave'.

Either way, I'm basing my opinion on the fact that there's nothing to prevent a foreign national from visiting the US while a K petition is pending. That's been discussed a million times here, and I believe it's also in the stickied topics.

Have a great trip!

That last part is certainly true - I flew to the US twice while my K-1 was pending: once during the I-129F processing (just prior to my USC now-wife receiving the I-129F NOA2), and once after the Packet 3 had been sent out but before I had sent the checklist back in to get my Packet 4. Both times I brought significant proof of ties to Canada.

But you want to be careful. Because I was flying from Canada to the US I was still in Canada when I cleared US Immigration (Preclearance in all Canadian international airports). If denied, I only faced a taxi ride back home, not a hastily arranged emergency flight. Immigration officers posted at LAX might have a different attitude about this than immigration officers in foreign preclearance posts. If LAX lacks a sterile transfer zone, and she has to clear Immigration, it will ultimately come down to the individual discretion of the individual CBP officer she deals with. She will certainly want to show significant ties to Canada, as well as full documentation of her trip abroad, including it's ultimate return ticket.

The first thing I would do is simply call the Customs and immigration section at LAX and simply ask them about LAX's process for transfers like this. When in doubt, it's always best to inquire to the actual office you will be having to deal with. They can give you an authoritative answer. Let us know what it is.

[All of this is predicated on the assumption that while you have started the K-1 process, it has not yet been approved and your fiancee will not actually be trying to transit LAX with a K-1 visa in her passport without activating it. If that was the case, I would strongly advise you to avoid even trying to transfer through LAX. While some people have been able to enter the US temporarily without activating an approved and issued K-1, it is very dicey, and the CBP officers may have been bending the regulations to allow it. You certainly should not be depending on that, if that is the case.]

In all cases, you should always make sure to allow at least 3+ hours for any layover in any airport where any interaction with Customs and Immigration may be required. "Unforeseen delays" is CBP's middle name

If all goes well, there are lots of reasonably entertaining ways to spend the extra time, and if it doesn't, you'll need that time.

HeatDeath

Male

Canada

2010-03-28 12:09:00

HELP HELP PLEASE!!!

thank you very very much everybody for your help!!!

i do have another question ... i am having a lot of problems to find a co sponsor, seeems that they get scared ... could i use 2 co sponsors to meet the criteria???

lets say one made $10,000 in 2009 and has no dependents, and the other one made $9,000 and has no dependents either ... add my miserable salary of 2009 $2000 plus $5000 in bank accounts. Would that work with the ankara consulate???

Definitely not.

The I-864 affidavit of support, used during the AOS process [and, incidentally, more legally binding than the I-134] allows for up to two joint sponsors, but each joint sponsor must be able to qualify, on their own, with a salary sufficient for a household that includes themselves and one or more of the people immigrating. An immigrant cannot be "shared" between the two joint sponsors - each joint sponsor must have sufficient income to accept the stated financial responsibility for at least one whole immigrant.

As a nonimmigrant visa, the K-1 application process is required to use the I-134 for the affirmation that the applicant will not become a public charge. Because the K-1 visa is designed to facilitate eventual immigration, most consulates use the more specifically defined rules of the I-864 in addition to the rules of the I-134 to decide whether an intending K-1 applicant is likely to become a public charge. Because the I-864 allows for up to two joint sponsors, most consulates will use their discretion to allow a K-1 applicant to have at least one cosponsor with their I-134. But as I said above, each joint sponsor would have to be capable of qualifying entirely on their own. Three people who, individually, could not qualify to sponsor somebody, cannot, in combination, sponsor anybody. You will need to find a co-/joint sponsor with sufficient income that they could qualify as a primary sponsor on their own, if they so chose.

HeatDeath

Male

Canada

2010-04-08 17:29:00

HELP HELP PLEASE!!!

They accept them.

Do you know if they'll accept cosponsors who are not immediate family members?

HeatDeath

Male

Canada

2010-04-08 12:05:00

HELP HELP PLEASE!!!

I know the I-864 specifically allows for any US citizen to be a joint sponsor, but as far as I know, I-134 cosponsors are only allowed at the discretion of the consular officer. Most consulates are fine with them, but some can be fussier than others. Some, I think, may only allow for immediate family members to be the I-134 cosponsors. Does anybody with direct experience with Ankara know exactly what they will and will not accept with regards to I-134 cosponsors?

HeatDeath

Male

Canada

2010-04-08 11:49:00

Couple of Questions

Hey all!
Ive been a long time viewer of this forum and just want to say thanks for all the information and positivity on these boards!
It's really helpful and encouraging to have so many people pitching in to make navigation of this process easier.

I just have a few questions...

1) As I am a grad student and not currently working I will need to file a joint/co-sponsor support (I-134?) form.
My father has agreed to do this so I'm just wondering what documents he and I will need to provide as evidence? He is planning to
use tax forms and I am thinking to send a copy of my bank account. Also, for personal property, would it be acceptable to list the Blue
Book value of my car with a copy of the title in my name?

2)Jumping ahead somewhat, I have seen a number of posts concerning SSN's. Many have advised getting it as soon as possible (before marriage) but, from reading on the boards, it seems that it would be easier to wait 2 weeks after my fiance enters the country, get married, and then file for a
SSN so we would not have to go through a complicated name change process. Is there something I'm missing or would this truly be the easiest way to go about this? I have seen many posts claiming it's easier if one gets the SSN prior to marriage.

1 ) Since your father is your cosponsor for the I-134, you will each need to fully fill out an I-134. The I-134 instructions list pretty clearly what documents can be included. It is also a good idea, for many consulates, to look at the instructions for the I-864 affidavit of support (which you will both be filling out for the AOS process later, with him as the joint sponsor) and bring the evidence and documentation listed there to the interview as well. You'll need it all anyways, and it's easier to gather it all at once.

In addition to his tax info, a letter from his employer describing his position, salary, and how long he has been with the company is a very good idea. A letter from the bank, listing accounts and deposit histories would be a good idea for him, and absolutely mandatory for you. I don't recall if property like your car is applicable for the I-134 (check it's instructions), but it would definitely be applicable to the I-864, so you should include it as well.

Remember, with USCIS forms, read the instructions closely and repeatedly, interpret them literally, and follow them precisely, and you should be fine.

2 ) After you fiancee enters on the K-1, wait about 2 weeks, then (before you get married! See below.) go down to the SSA office and apply for a social security card in her maiden name. Indicate on the form that she IS an alien authorized to work. Show them the passport, visa and I-94, and you should have no problems. If the clerk balks, ask for a supervisor. If the supervisor is intransigent, try a different office. She IS entitled to a SSC, and you'll probably have no problems.

After her EAD or GC shows up, that is when you go back to the SSA office with the new card and her marriage certificate, and they'll issue a new SSC in her married name. This is by far the easiest way to do this, and the name change process is not difficult at all. Don't surrender her old SSC until after you get the new one (if you want to bother surrendering it at all. I've kept mine as a souvenir.)

Do not get married before applying for the SSC. That will confuse the heck out of them, and they have a tendency to invent bizarre new regulations off the tops of their heads when they get confused, like saying that getting married cancels your I-94 and makes you not qualified to get a SSC, or some such nonsense. :lol:

The process I outlined above is the easiest way to do this, trust me

HeatDeath

Male

Canada

2010-04-03 14:09:00

Travelling back and forth from Canada to the U.S. during visa process??

Hello everyone,

I am a Canadian citizen who has been visiting my boyfriend in the United States since the end of January and we have now decided to apply for the fiancee visa. I have been here for 2 1/2 months and is wondering...

Will I be able to visit the United States after the petition has been approved and the visa is being processed?

I realize that I have to be in Canada for the interview, but would I be able to return to the United States after that?

Can I visit the States longer than 6 months? If I return to Canada after July, can I come back to the States?

How long do I have to wait until I can return?

It is very hard to find answers to these questions so if anyone else knows about this could you let me know?

Also...would I be allowed to obtain a visa to visit another country in the world during this time?

Thank you so much!

1 ) Yes, you can visit the USA after the petition is approved. You will need to present the consistent and truthful impression to the customs officer that you are going to return to Canada promptly and not attempt to immigrate prior to the approval of the visa. You can accomplish this by flying down, having a return ticket already purchased, and carrying a folder showing financial ties to Canada - mortgage/rental agreement, employer letter, that sort of thing.

2 ) It is very unlikely that you will be allowed to enter the US as a tourist when you have an approved fiance visa in your passport. It might be possible, depending on how good a mood the customs officer you get is in, and how much (s)he feels like bending the rules,but it is very very unlikely to be allowed. After the interview, in all likelihood, your next trip to the US will be moving down to stay.

3 ) You are not technically allowed to have any single visit to the US be over 6 months. If you attempt to return to the US within a few months after returning from a 6 month visit, the US customs officer is likely to believe you are trying to live in the US, and refuse you entry. The good news is that such a refusal would not affect whether you would be allowed to enter with a fiancee visa.

4 ) It is generally expected that any visit to the US would be followed by a stay in Canada at least as long as the trip was. This is more of a guideline than a hard-and-fast rule. However, if you do happen to spend more than 6 months of a given year in the US, you may very well become required to file US taxes as a nonresident. You don't really want to do that if you don't have to.

5 ) Having a pending visa application with the US government will have absolutely no bearing on whether or not you will be able to get a visa from another government. And the vast majority of possible visas should have no impact whatsoever on your visa application with the US. As long as you aren't traveling to any place with whom the US has current major diplomatic issues (Iran, Syria, Cuba, Venezuela, Pakistan, etc) or vice versa, it shouldn't be a problem at all.

Edited by HeatDeath, 09 April 2010 - 11:28 PM.

HeatDeath

Male

Canada

2010-04-09 23:25:00

Wedding after visa in hand

The PoE will ask your fiance their marital status when they go to enter the US. If the answer is "married", or if CBP have strong reasons to even suspect the answer is "married", they will cancel that visa and deny entrance, right then and there.

HeatDeath

Male

Canada

2010-04-12 19:30:00

Getting marry within 90 days

We took a bit of a risk and put deposit money down on the venue, entertainment, and photographer before the visa was approved. To be fair, I'm from a relatively low-fraud country, our case had no red flags, and we booked way, way ahead - almost a year ahead (I-129 filed Oct 24, 2008. Wedding planned for September 12, 2009. Visa approved April 30, 2009). It was a risk, but to our minds a relatively small one. Indeed, we were more worried, initially, about the visa being approved too early than too late.

As far as the planning went, my USC wife's family did virtually all of the planning. I helped with decorations and stuff after I showed up in mid June, but the planning was basically done by then.

Depending on what consulate you're going through, I don't know if I'd recommend doing what we did. Part of what made this work for us is that I was working as a school teacher, and we knew that no matter how quickly the visa was approved, I wouldn't be entering the US until mid-June anyways. We knew that I would be entering in mid-June, for a wedding two months later. We figured that as long as the approval happened in a 6 month window starting sometime after the end of January 2009, everything would work out.

HeatDeath

Male

Canada

2010-04-26 20:44:00

I-134 is not required?

The precise requirement the consulate needs you to fulfill with the I-134 is to provide "proof that you will not become a public charge." In principle, there are many ways to prove this. The vast majority of consulates are expecting you to provide (at least) a completed I-134, with a significant amount of accompanying evidence. Some may also want some of the additional documentation listed in the instructions for the I-834. The precise documentary requirements will vary from consulate to consulate, and indeed consulate officer to consulate officer.

While it is possible to fulfill the "proving I will not become a public charge" requirement without an I-134, attempting to do so will almost certainly confuse the consulate officer. Confusing consulate officers is practically never a good idea.

HeatDeath

Male

Canada

2010-05-02 23:36:00

The sealed envelope

I was told by the consulate clerk to request a copy of my full medical at the PoE. I did so, citing the consulate clerk's instructions, and they did give it to me, but this appears to have been very unusual. Under normal procedures, you do not need, and CBP do not give you, anything from the sealed envelope.

HeatDeath

Male

Canada

2010-04-10 13:57:00

Pay Stubs

Make copies, and bring both the originals and the copies. they are going to want to put something in your immigration file, and if you don't bring copies they will want to keep the originals.

They will want to see the originals either way, so bring those as well. It's just like what they do with the birth certificate: they'll need to see the original, and they'll want to keep it unless you also brought a copy.

HeatDeath

Male

Canada

2010-05-11 09:44:00

Multiple Entry K-1 ?

I was accidentally given a multiple entry I-94 at my PoE, but the officer caught his error, took it back, called the older guy over and had him print me out a single entry I-94.

I wouldn't trust that multiple entry I-94. It could work, particularly at the same PoE, but it could complicate things substantially, and the worst case scenario - flat out refusal - is too serious for me to be able to advise using it.

On the bright side, he should almost certainly be able to just go to a PoE and import his car, even well after entry, without having to leave the US. Just pull up into the customer parking on the US side and go inside and talk to someone at the counter.

He shouldn't even have to return to the same Land PoE - any Deferred Inspection unit should also be able to do the car importation paperwork. Once he has the compliance letters, importing is just one reasonably easy form. He'll need to have the compliance letters, proof of ownership, and know (at least roughly, lowball it a little if you're not sure - it gets used as the basis for an import tax at state DMV registration/titling in some states) the Blue Book value for the car.

HeatDeath

Male

Canada

2010-05-18 15:23:00

DS-230 Part II Question??

I emailed the Vancouver consulate about that when I was doing my Packet 3 a year ago. My Packet 3 said DS-156, but their website said DS-160, and people here going through other consulates said they were using the DS-160.

Vancouver emailed back a very terse "Form DS 160 - Currently NOT acceptable for processing K visas. You must complete and bring to the visa interview 2 sets of the DS-156 and one DS-156K." Now, the DS-160 was just being rolled out back then, so this may have changed, but that's what they said a year ago.

I think the general response is to do whatever the Packet 3 instructions say, and not to worry about anything else. If it's still unclear, I found that Vancouver was very prompt about returning emails with procedural questions. I hardly needed VJ at all during the consulate application stage

. Just put your VAC case number in the subject line and email VancouverK@state.gov and they'll get back to you within 2 days. They're terse, but you get authoritative answers quick.

HeatDeath

Male

Canada

2010-05-22 13:55:00

Address correction when the case is at the consulate

Have the beneficiary call or email the consulate. Once the case hits the consulate (assuming everything goes reasonably smoothly), USCIS doesn't hear from you again until AOS (and will use the address you give them on the AOS I-485 to send you stuff), and NVC doesn't hear from you again at all.

HeatDeath

Male

Canada

2010-05-25 12:51:00

AOS

It's not unheard of, but it's a spectacularly bad idea. A person who decides not to AOS will have no way to get a social security card (and therefore no bank accounts or insurance), no way to work (and therefore no money) and no way to get a driver's license (though a driving privilege card might be an option in some states). They will have no legal status in the United States, and will be subject to the same legion of inconveniences and legal dangers as any illegal immigrant who overstays a visa. Any encounter with federal (or Arizona!) law enforcement could result in removal proceedings and deportation, or at least a stern talking to by an immigration judge and a judicial order to AOS immediately. In short, your life could, at any time, and with no warning, become far more interesting than you'd like.

If a person waits a few days or weeks after the expiry of their I-94 to AOS, it's not a big deal. It is very unlikely that anything serious will happen in that short of a timeframe. But putting off AOS for months or years is, as I said, a spectacularly bad idea. For a K-1 entrant, filing for AOS should be your first priority after marriage and the honeymoon. If you only have the money for one or the other, skip the honeymoon.

Edited by HeatDeath, 25 May 2010 - 01:02 PM.

HeatDeath

Male

Canada

2010-05-25 12:59:00

School and K-1 visa?

Isn't this really just a matter of a short time period for the GC to arrive in the mail after approval? When you are in AOS, you are not an LPR. I believe if you are an LPR, you should have a GC or ALL LPR's are entitled to GCs by definition.

A GC is a physical token you carry to prove your LPR status. Your LPR status is typically awarded on the date they order card production. This date is recorded on the GC as your "Resident since" date. So you very well have LPR status without holding a physical GC that documents that status.

But as to whether holding LPR status (whether you can prove it or not) automatically entitles you to in-state tuition rates - unfortunately, no. Read some of the threads in the "Working and Traveling in the US during Immigration" forum about getting a US Drivers License. It's a similar situation. Like getting in-state resident tuition rates, getting a state driver license virtually never depends solely (or in some cases, at all) on whether the federal government thinks you have legal presence in the US. It usually depends on whether that particular state thinks you are a resident of that particular state, by that particular state's legal definition of state residency. State law definitions of state residency are wildly variable from state to state and frequently have little, if anything, to do with federally awarded immigration status (i.e your green card).

And to make things even more complex, a state may have, as California apparently does, additional criteria for whether you qualify for in-state tuition rates on top of the bare-minimum state residency criterion they apply when deciding whether or not to give you a local driver license - the aforementioned waiting periods and the like.

Best bet is to talk to the admissions officers at the schools near you. It's their jobs to know and apply the local criterion. These things vary too much to make it worth trying to research out generalities. Go straight to the source. - the particular school you have in mind.

HeatDeath

Male

Canada

2010-05-29 11:04:00

Part of your I-129F filing will be letters, signed by each of you, in which you two separately, formally, and unambiguously declare your intent to marry each other upon receipt of the fiance visa and entry to the US. Later, when you go to do your visa interview at the consulate you bring in newer versions of the same signed letters, dated significantly more recently. That's as formal a proposal as USCIS care about in Canada.

In some countries, there are cultural institutions surrounding engagement that, if not observed, can raise red flags with the consulate. Canada is not one of those countries. Signed, formal declarations of intent to marry are more than enough, when combined with other evidence of visits and an ongoing relationship.

As for the custody issues, I'm not quite sure. If you have full, full custody, you are probably fine. There are situations where you need a letter of approval from the father to remove the child from the country, but I'm not sure if that's the case with full custody. If you search for "custody" in the forums you'll find literally hundreds of threads on the subject.

Edited by HeatDeath, 03 June 2010 - 11:18 AM.

HeatDeath

Male

Canada

2010-06-03 11:17:00

Well i talked with my fiance and he completely agrees with you guys on that one .. him who wanted one in the first place we will be using the links and checking the samples etc.. and doing it ourselves. The form doesnt seem too complicated but yet theres always those little details that could possibly mess it up but we will still try ty all for your comments

Even if you make a mistake or two on the forms, it's usually not that big a deal. There are only three show-stopping fatal mistakes a potential immigrant can make:

A ) Entering the US without inspection (i.e. hiking across the border in a deserted part of Montana or North Dakota without ever seeing a Customs official.) Doing this will basically hose you forever, from an immigration-status point-of-view.

B ) Intentional misrepresentation of a material fact on any of the forms or interviews with any USCIS or DoS or CBP official, ever. Pay attention to details and ALWAYS tell the whole truth!

C ) Misrepresenting oneself as a US citizen when you aren't yet one.

Those are the three show-stoppers - the "crash landings" - the only fatal, unforgivable offenses. If you avoid those, any other mistake you make can be corrected. Might sometimes be a stressful pain in the rear [and occasionally involve expensive legal fees] to correct, but any other mistake can always be corrected. Avoid the above three "crash landings", pay really close attention to the instructions, and everything will be fine.

Edited by HeatDeath, 03 June 2010 - 08:58 AM.

HeatDeath

Male

Canada

2010-06-03 08:56:00

If you absolutely must hire an attorney, either due to the presence of "red flags" - complicating factors in either of your histories (run-ins with US Customs, prior convictions, drug use, etc.) - or crippling insecurity in your own ability to comprehend written instructions and fill out forms (seriously - if you do your own taxes - this is easier!

), do not feel constrained to hire a particular lawyer just because they are local to you. US immigration law is federal - it's the same everywhere in the US. A competent, well-recommended lawyer at the far end of a long-distance phone call will be infinitely more useful to you than some barely-qualified immigration newbie whose primary qualification is that he works within 20 minutes of your house.

Edited by HeatDeath, 03 June 2010 - 01:49 AM.

HeatDeath

Male

Canada

2010-06-03 01:49:00

If your case is uncomplicated (no illegal stay, crimes, etc), you do NOT need a lawyer.

No one will care more about your case than you do...99% of the cases I've read of people who have lawyers ended up firing them because they are extremely slow and the people realize that they are paying thousands of dollars to pay someone to fill out some forms...

Enthusiastically seconded. Normal cases do not normally need a lawyer. There are no tribunals for the lawyer to attend, no arguments to make, no advocacy to perform. All a lawyer does, in the vast vast VAST majority of cases, is ask you for information, fill out forms using the information you give him, and mail the forms to the address on the form, all on their timeframe, whenever they get around to it, pocketing several thousand dollars you will need for the moving process while they're at it. The best case scenario is that they merely delay your case a few weeks. But I've read reports here of careless lawyers causing significant messes for people, and charging them substantial amounts of money for the privilege.

Now don't get me wrong. I'm the first person to recommend a lawyer if the situation gets even slightly complex. There are times and places and situations, many of them, where the services of an immigration lawyer are absolutely vital. But filling out and filing an I-129F, for the vast majority of people, is not one of them. Read the guides here a few dozen times. Read the instructions on the forms you download from www.uscis.gov a few dozen times more. Fill out your forms just like the samples here, with fastidious attention to detail, and everything will go nice and smooth, the vast majority of the time. I would go so far as to say that no one with the literacy and ability to follow instructions demonstrated by having graduated college has any need for an immigration lawyer for a normal I-129F filing, and a good-sized percentage of literate high school grads could probably do it too.

You CAN do this!

HeatDeath

Male

Canada

2010-06-03 01:40:00

Sending in K-1 while visiting?

Thank you all so much for your replies. I feel much better.

Do I need a certain amount of money saved up or does my fiance need to have some sort of written statement that he'll support me while I'm visiting?

Being admitted to the US before you have a fiance visa petition underway is just like being admitted under any normal circumstances Tell them you're on vacation and visiting friends. It shouldn't be a problem.

After you have a visa petition underway, it is generally a good idea to bring with you proof of ties to Canada: return ticket, rental agreements, utility bills, a letter form your employer stating when you intend to return, that sort of thing. 19 times out of 20 you won't need them, but it's good to have them just in case. A statement of support from your fiance would probably be counterproductive, actually, as they'll be looking for evidence that you still reside in Canada and intend to return in a timely manner. Having an ongoing and indefinite source of support in the States would tend to contraindicate that.

Having a copy of the I-129 NOA1 is also a really good idea - it shows that you're doing the immigration thing properly and that you have invested hundreds of dollars towards something that will obligate you to return to Canada at some point - the visa interview at the consulate.

HeatDeath

Male

Canada

2010-06-05 11:27:00