ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresQuestion about pics
Makes sense. They want your face to be as close to your natural, daily appearance as possible, as long as it's visible. Hair covering ears is fine, because that's a part of the way your face normally looks. A scarf covering your ears is an artificial obscurance of part of your normal face.
HeatDeathMaleCanada2010-01-23 18:04:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about pics
http://www.uscis.gov...Photo_flyer.pdf , a pamphlet on photo guidelines at USCIS, refers to http://www.travel.st...otos/index.html, which says under it's FAQs section:

Can hats or religious headgear be worn for the photo?
Unless worn daily for religious reasons, all hats or headgear should be removed for the photo. In all cases, no item or attire should cover or otherwise obscure any part of the face.


So ears definitely have to be visible, and the scarf is only ok if it is religious headgear worn daily.
HeatDeathMaleCanada2010-01-23 16:49:00
K-1 Fiance(e) Visa Process & ProceduresWhat is the toatal cost from start to finish for alien to marry an american and live in america
If the US Consulate in your country is a significant distance from where you live, be sure to budget for the trip to the Consulate for the interview. In Canada there are a lot of places that are a long ways from either Montreal or Vancouver :) My interview trip ended up being a solid $500CAN for airfare and 2 nights in a cheap hotel, plus the lost income from a day off work, over and above the interview and medical fees.

Edited by HeatDeath, 23 January 2010 - 02:24 PM.

HeatDeathMaleCanada2010-01-23 14:24:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa cost for a Canadian
Download the example forms from here, and use them very closely when you fill out your forms. But don't use the forms here for your actual application. Get the actual forms you will submit from http://www.uscis.gov, under their Forms section. That way you know you're getting the most current version of the form. It matters because they update them every so often, and they usually only accept the most recent version, which is always available from their website.
HeatDeathMaleCanada2010-01-23 16:28:00
K-1 Fiance(e) Visa Process & ProceduresEmployment History
I used exactly the same format for the two, I just added the earlier info to the bottom for the DS-230. Both forms included periods of unemployment.
HeatDeathMaleCanada2010-01-24 19:58:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Path vs. CR-1
One issue that was major for me and my wife that hasn't been mentioned yet is the issue of separation and timing. My wife, the USC, comes from a large Italian family, with strong traditional values. It was important to her, and therefore to me, that we have only one wedding anniversary, and no separation after the wedding. A CR-1 would have generated two wedding anniversaries - a "legal" wedding, probably in Canada, with a Justice of the Peace, to start the visa process, followed by a significant period of separation, followed by a larger, "real" wedding, with all of the family, after my arrival on the CR-1. Which anniversary do you celebrate every year? When were you "really" married?

We weren't really comfortable with that, so we went for the K-1, even knowing that it would cost more. It was worth the extra money to only have the one "real" wedding and anniversary, and no separation after the wedding.

Your mileage may, of course, vary, but it's something you should discuss seriously with your fiancee.

Edited by HeatDeath, 24 January 2010 - 08:25 PM.

HeatDeathMaleCanada2010-01-24 20:22:00
K-1 Fiance(e) Visa Process & Proceduresfinger prints
The Adjustment of Status biometrics process takes all fingers and thumbs, but not palms. so that's all the FBI need for background checks. As for the other countries police departments, I haven't the foggiest idea. You might want to check inthe Australian Regional forum. The people there are more likely to have gone through the same process you are. Failing that, you'll probably have to call the police departments in question directly.

Edited by HeatDeath, 01 February 2010 - 07:22 PM.

HeatDeathMaleCanada2010-02-01 19:21:00
K-1 Fiance(e) Visa Process & ProceduresVisiting without Activating Fiancee Visa

oh my gosh, thank you all so much for the info, it gave me a more peace at mind

i will be entering via vancouver airport, so the CBP officers are like right there.. i am so tempted to like drive down to the airport and see if i could talk to one of the officers and have them write me a proof that it's ok for me to enter without activating the visa.

as for strong ties.. well, i have been here for about 12 years.. is that strong enough? lol i don't know what's the definition of strong ties.. i still have family here and my dad still have business here, etc.

That is the best idea. When in doubt, deal with the actual office which will be making the decision. I called the Pembina PoE several times to confirm things about crossing the border.

As for "showing strong ties", they really like letters from employers stating exactly when you are expected back to work, rental agreements, mortgage statements, etc. By "strong" they really mean "monetary" :)

(BTW, the visa is already "activated"..... using it cancels it.)



Yeah, when I PoE'd, they were slightly confused for a couple of seconds about me using the term "activate my visa". It's not a piece of jargon they're familiar with, and we probably ought to be trying to avoid using it, so as not to be encouraging people to use it.
HeatDeathMaleCanada2010-02-01 17:07:00
K-1 Fiance(e) Visa Process & ProceduresDoes an overstay past the 6 month rule cause problems with I-129F?

Hi there!

Sorry for my late reply ...I was travelling all day yesterday (3 flights!) and am finally here visiting my fiance! They let me through the border, though I did have to go through secondary screening - but it was all good! The officer said the fact that I brought the NOA1 and I-129F petition packet were extremely helpful.


Congratulations! GOOOOODDDD CALL! on bringing the NOA1 and I-129F packet. Particularly if you're thin on the more monetary evidences, that's a REALLY good way to show that you plan on doing this properly, and [particularly] have invested $455US towards doing this properly. Excellent work!

So for the benefit of others who will go through this in the future, how exactly did PoE go? What did the IO ask? How did he answer? What particular answer did you give that you think triggered the transfer to secondary, and how did the secondary discussion go?

How long, BTW, did they let you in for? Did they give you a time limit? It'd be really interesting to get this info "straight from the CBP officer's mouth", so to speak.

I visited my wife in the US twice during this process. The first was just before our I-129 was approved. The second was after Packet 3 had been issued but before I had faxed back the checklist. I wasn't asked for ties either time but I made sure I had them, especially the second time when I was worried that the pending K-1 application might be more immediately visible once they swiped my passport. I never carried the full packet though. Just employer and rental letters and bank statements.

Edited by HeatDeath, 03 February 2010 - 10:43 PM.

HeatDeathMaleCanada2010-02-03 22:41:00
K-1 Fiance(e) Visa Process & ProceduresDoes an overstay past the 6 month rule cause problems with I-129F?
Hunting around on some Snowbirds (Canadians, usually senior citizens, who spend literally all of the winter months RVing around the southern US) sites and forums, it seems that if a Canadian spends more than 183 days in any calendar year they become considered as a "resident alien" for tax purposes. It becomes necessary to file a special form with the IRS to avoid being taxed on Canadian pension income. This occurs even if you never overstay any particular visa or admittance term.

Their community seems concerned over the increasing computerization of the Canadian border, and the idea that the precise durations of their stays in the US are being more carefully tracked.

More research would be necessary to confirm this, but it seems to me that the primary problem in this trip taking the OP over 182 days of stay in the US is taxation based, not immigration based. I would expect it to be less, or at most as much of a problem with USCIS as a standard visa overstay: not advisable, but not showstopping either. Full disclosure is, of course, absolutely mandatory.

A more immediate problem may be with clearing immigration and customs at the Canadian airport. The IO may very well see on his computer that this trip would put you over, and simply deny entry. At the very least they will require proof of significant ties to Canada.

I understand the importance of Valentine's Day. This will be the first I've actually been able to spend with my wife. but I would strongly recommend, if at all possible, rearranging the arrival and departure dates with the airline to keep your number of days in the US this year under 182, even if that means your trip is only a few days long, right on Valentine's Day. They will probably charge a fee of approximately 100 dollars for this, but better that then to risk being denied entry altogether.

Edited by HeatDeath, 26 January 2010 - 02:37 AM.

HeatDeathMaleCanada2010-01-26 02:34:00
K-1 Fiance(e) Visa Process & ProceduresK1 out of status?

well...we called d immigration services on the phone and they said that it it wouldn't be a problem to apply whenever i can since now I'm married 2 US citizen...I guess that's a good news
Tomorrow morning i'll go to check the SSA office and apply 4 SSN.
BTW what is this SS card for ? What i can do wit it ?

Get bank accounts, insurance. It's part of the proof that you're allowed to work. Pay your taxes. Grown-up stuff. Nothing fun :)

Edited by HeatDeath, 04 February 2010 - 11:03 PM.

HeatDeathMaleCanada2010-02-04 23:01:00
K-1 Fiance(e) Visa Process & ProceduresK1 out of status?

And are we married now ? Since d marriage is not registered? I mean i have 90 days to get married or i gatta have everything for 90 days i gatta have all the documents in my hand 2 say that i'm married?

You ARE married now, because your marriage certificate, when you get it, will show February 3rd as your date of marriage. It sounds like you HAVE gotten married within the 90 days allowed by your visa, so you are totally fine.

Lots of people file their adjustment of status a few weeks (and in some cases, months!) after their I-94 expiry date. It's perfectly fine. What it means is you may be out-of-status for a few weeks while you wait for this piece of paper. That isn't ideal, but it's hardly the end of the world. The only real risk of being out of status would be if you happened to hit a CBP inland checkpoint, and those only exist within 100 miles of the borders and oceans. And there are relatively few of them, even at that. Just try to avoid interacting with federal immigration law enforcement during that period, and you'll be absolutely fine.

It's too bad that the judge didn't offer you the option of filing your own marriage license, but not particularly surprising. Some jurisdictions simply won't let you do that, even if you do ask. It's ok.

Filing before the end of your 90 days is ideal, and if there is any reasonable way you can expedite the marriage certificate so you can do that, you should. But it's not the end of the world if you don't. Lots of people file their AOS "late". It has no effect on the AOS being approved.
HeatDeathMaleCanada2010-02-04 18:29:00
K-1 Fiance(e) Visa Process & ProceduresK1 out of status?
Ooch, I missed that the OP was already married. Ah well, the info will still be useful for future readers.

OP: The above posters are correct, the best thing to do now with the marriage license is to try to get it expedited with the judge and/or the county office. If the judge's office still has it, maybe ask if you can get it back, or at least sent to the county immediately. If s/he says it's been sent to the county, contact them to try to get it's registration sped up.

Regarding the social security card, you might have difficulty applying. Some office's employees seem to think that getting married in some way invalidates the I-94 you have, and that you are therefore no longer allowed to get a social security card until you can show them an EAD. This is incorrect, but you might be in for a struggle. If the clerk at the office is too dogmatic, ask for a supervisor. Failing that, try another office: a lot of good-sized cities have 2-3.

You should definitely apply for the card in your passport name, because that is the name they will have on file. Once you have the card in hand, as I wrote above, you should easily be able to take your marriage certificate down and get a card made in your married name. Do not surrender the old card to them until you have received a new one.

Or, since you will have to go back to the SS office after you receive your green card, you may just hold off on changing the card to your married name until you go to remove the "Valid for work only with DHS authorization" message from your card. That's ok too, and saves you a trip.

Edited by HeatDeath, 04 February 2010 - 04:37 PM.

HeatDeathMaleCanada2010-02-04 16:36:00
K-1 Fiance(e) Visa Process & ProceduresK1 out of status?
In many places in the US it is possible, when you get married, to get your marriage certificate right away. When you get your marriage license from the county, ask them about this. If it is, you need to tell the officiant (priest, pastor, or judge) that you want to register your marriage yourself.

What normally happens is that when the ceremony and signing is over, the officiant mails the completed marriage license to the county, and they sit on it for several weeks before filing it and mailing you your proper marriage certificate.

But if you tell the officiant you want to register the marriage yourself (and you are, in fact, allowed to do so in your county - this isn't possible everywhere) then the officiant leaves the completed marriage license with you after the ceremony. Then you and your spouse drive it down to the local county office, and hand it to the clerk personally. They can usually (if this is possible at all) give you the marriage certificate certified copies you need for your AOS packet right then and there.

Regarding your social security card: yes, the social security card will be in your maiden name, since you applied for it before you were married. You will be able to use it to be added to bank accounts and insurance and stuff like that. I believe you can change your name on the social security card right after you are married. I do not believe you ned to wait for the EAD or green card to do that. I do know that if you do not apply for a social security card before 2 weeks before your I-94 expires, you have to wait until the EAD to get a social security card at all. But if you applied for and received one prior to the expiry of the I-94, you should be able to change it to your married name right after you get married, I would think.
HeatDeathMaleCanada2010-02-04 14:55:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Filing for Cruise ship workers...?
As pushbrk said, the CR1 is much better in this situation, because a K-1 locks you into the US for at least several months (until you file AOS and have an AP document in hand). However, and this applies either way, remember that you cannot stay outside the US for more than 6 months as a permanent resident without a reentry permit (that has to be approved BEFORE you leave), and that even if each individual trip out is less than 6 months, stringing multiple long absences together can be construed as abandonment of the permanent resident status. Your plan is to settle down in the US; don't wait too long before you put that plan into action.
HeatDeathMaleCanada2010-01-19 14:08:00
K-1 Fiance(e) Visa Process & ProceduresMy previous question with a little more added

Hi I got denied in Oct last year due to lack of ties to Canada too. By then I just moved back from Hong Kong to Vancouver with no job and no house (I stayed with my parents). They told me to try six months later and show them ties.

My question is now that my fiance has submitted a I-129F petition and we have just started our long journey. However, I still have no job and no house (still staying with parents) but I'm selling on ebay. So what if when my K-1 visa is approved but I still have no jobs during these couple months and I'm trying to enter USA with a K-1 Visa? Will I be denied of entry for the reasons that I have no ties to Canada? I read from someone's thread here that he got denied at POE even though he had his K-1 on hand. I'm very anxious. What should I do to prepare? Thanks!

CQ

When your K-1 is approved and you go to enter the US, you will be entering the US with the intention of moving there permanently and adjusting your status to that of permanent residence. In actual fact, once you enter the US, you will be completely UNable to, without badly screwing up your life, return to Canada, for a minimum of 2-3 months [until you have an AP document or Green Card in your hand]. Ties to Canada would be completely beside the point :)

If someone was denied entry to the US with a K-1 visa in hand, it would be for a reason completely unrelated to having immigration intent. The K-1 visa is what allows you to have immigrant intent. I don't know why someone would be denied, but inadmissibility due to possession of controlled substances is the first obvious thing that comes to mind.

I wouldn't worry about it. The worst thing you have to fear at the PoE will be a cranky border officer. If you've got the visa, then you've done everything right to that point, and the PoE should be a formality. Worst realistic case scenario is a long, tedious formality. Don't worry about it :)
HeatDeathMaleCanada2010-02-07 02:22:00
K-1 Fiance(e) Visa Process & ProceduresMy previous question with a little more added
I seem to recall reading that when they give you a ban, whether it be months or years, they actually mark something in your passport to that effect. Did they write or stamp anything in your passport about the 6 months? Not that it matters now, since the 6 months has passed.

You will DEFINITELY need to have, on your person, evidence of VERY STRONG ties to Canada before you try again. (And even at that, success is by no means a given, as you well know.) I would recommend having, in addition to all of the evidence you can find regarding employment, rent/lease/mortgage documentation, that you have a copies of your I-129F NOA1 and your ENTIRE I-129F packet on you. Those latter two are considered by CBP as very good evidence that you intend on doing this right, and have in fact already invested $500 towards doing it properly.

Edited by HeatDeath, 07 February 2010 - 02:11 AM.

HeatDeathMaleCanada2010-02-07 02:08:00
K-1 Fiance(e) Visa Process & Procedureshelp us

You can not bring your girlfriend to the US if you are a greencard holder. You can bring your fiance or wife to the US after you become a US Citizen.

As mentioned above, a greencard holder can only bring a spouse or unmarried children to the US. And you are looking at a significant wait (4+ years) to even do that. When and if you eventually become a US citizen, your spouse would immediately jump to the front of the line, so that would shave a little time off, but probably not that much, if your PR status is newly acquired.

Edited by HeatDeath, 08 February 2010 - 12:18 AM.

HeatDeathMaleCanada2010-02-08 00:18:00
K-1 Fiance(e) Visa Process & ProceduresBeginning the Process
Once the visa petition/application process is underway, one of the best things he can bring as evidence of ties to Canada is a copy of the receipt notice you get when you mail in the petition, as well as a copy of the entire packet you mailed in to start the petition. This shows the border people, in a very unambiguous way, that you have no intention of immigrating illegally and have financially committed yourselves to doing the process properly.
HeatDeathMaleCanada2010-02-09 17:44:00
K-1 Fiance(e) Visa Process & ProceduresK1 Legality Questions. Please take a minute to help. Thak you!!
The I-129F instructions state that:

Translations. Any document containing foreign language
submitted to the Service shall be accompanied by a full
English language translation which the translator has certified
as complete and accurate, and by the translator's certification
that he or she is competent to translate from the foreign
language into English.


So yes, it needs to be translated, but I don't see anything there saying you can't translate it, if you are competent to do so.

You can apparently run into issues at USCIS or consulate interviews, where they will not allow you to translate for your beneficiary, but require a third party translator. But I don't see any indication in the form instructions saying you can't. Worst case scenario is they will send an RFE asking for an official translation, but you can cross that bridge when you come to it.
HeatDeathMaleCanada2010-02-10 14:47:00
K-1 Fiance(e) Visa Process & ProceduresK1 Legality Questions. Please take a minute to help. Thak you!!
I should note that it is perfectly legal for him to visit here while the fiance petition is underway. The only problem is that if the petition or visa application is visible to the border officers, he would be at increased risk to be denied entry due to them thinking he's an increased risk for illegal immigration. At the very least he would need to carry on him significant documentary evidence that he intends to return to Columbia by a certain date, and even then, entry is not guaranteed.

Better, I think, to have him come here on his currently approved tourist visa, and to file the I-129 while he's here. USCIS is a simple creature, and can really only concentrate on one visa per person at a time. It's best not to confuse them :)
HeatDeathMaleCanada2010-02-10 14:38:00
K-1 Fiance(e) Visa Process & ProceduresK1 Legality Questions. Please take a minute to help. Thak you!!

Thank you wonderful people, for taking time out to extend a helping hand!
My questions are the following:

My fiance is in Colombia, I am in the USA (PA). He will be visiting me for about two weeks this upcoming April using his tourist visa. We will be applying for a K1 but have not yet sent the petition, which brings me to my first question: Can we send the I 129F form now so that we can start the process and gain some time or do we have to wait until he goes back to Colombia from his visit? In other words, up to what point of the K1 process, once started (if at any point) can he legally be on USA soil while on a tourist visa before returning to Colombia? does this depend on when he actually arrives at port of entry? My understanding is that the tourist visa cannot be used with the intention of immigrating - thus, he wouldn?t be. His intentions would be to visit for a short period of time, go back and wait until the K1 is approved.

My second question is regarding children. He has 2 children, both by different mothers; neither child would be migrating to the USA )at least anytime in the near future). Regarding question #13: Do we provide their names on the form even though we aren?t applying in conjunction with either child - and B) have to (at a later point) provide birth certificates and/or other documentation related to the children. - (potential issue with one of the mothers here....)

Last but not least, statement that serves as proof that one can legally marry and includes our intent - can his be in Spanish and if so, will it need to be translated? if so, can I translated?

Thank you all SOO MUCH!!

It is perfectly legal to send in the I-129F while he is in the US. It might be easiest to wait until he is in the US to send it. If you file it now, I am not sure how it will interact, if it does at all, with his (presumably currently approved) tourist visa. If you file it while he is here in April, he can stay in the US until one of two things happens:

A ) His tourist visa I-94 expires.
B ) He gets information from home that his Visa Application packet from the Columbian consulate has arrived at his home in Columbia.

B ) is of course presuming that he has someone dependable at home watching his mail. Failing that, he should probably head home right after you get the approval notice from USCIS, or at the latest the notice from the National Visa Center saying they are forwarding the approved petition to the embassy/consulate in Columbia. That way he'll be home with a comfortable margin when his Visa application packet (Here referred to as Packet 3) arrives.

He has to be back in columbia very shortly after the Packet 3 arrives, because he will need to gather documents and respond to the Packet 3 to get his interview with the embassy in Columbia.

He should certainly list ALL children on the I-129, regardless of whether or not they ever intend to immigrate. I don't know for sure if he will need birth certificates for non-immigrating children. At any rate, he should not need them, if he needs them at all, until the consulate interview.

Edited by HeatDeath, 10 February 2010 - 02:31 PM.

HeatDeathMaleCanada2010-02-10 14:28:00
K-1 Fiance(e) Visa Process & ProceduresParticularly complicated case ?

Hi

Thank you ! I will follow your advice and put my french adress. I feel so much better now that I know what to write and I suppose the form where I am going to mention the number of times I visited the US will come later with the interview ...!

Yep. Depending on the your local embassy's precise procedures, there will be at least 2 forms to fill out when you apply for the visa itself, both of which will want a complete list of all trips to the US, with durations, and a listing of any and all visas you've ever been issued. For me they were the DS-230 Part 1, and the DS-156. Those both wanted lists of trips to the US (slightly different formats but they both wanted durations). You may do a DS-160 instead of a DS-156, but I'm virtually certain it will want a list of trips to the US as well.
HeatDeathMaleCanada2010-02-11 13:45:00
K-1 Fiance(e) Visa Process & ProceduresParticularly complicated case ?

Wait a second though. When you were on your VWP, you were NOT resident in the US. You were on a tourist visa. Yes, you overstayed it, but I wouldn't go stating you were resident there.

Also, did you work while you overstayed? This isn't clear in your post but is potentially a bigger issue.

I believe, but please someone correct if I'm wrong, but the place that you would tell them about your overstay is in the documents you have to complete for the Embassy. Wait to get more experienced confirmation of this before filing...

That's a very good point. I wouldn't list the overstay address as a former residence. I would, however, be very diligent to include the overstay and it's full duration in all lists of previous trips to the US.
HeatDeathMaleCanada2010-02-10 22:05:00
K-1 Fiance(e) Visa Process & ProceduresParticularly complicated case ?

Is it a "down thing" for our application if I worked months here and there in my country...There is nothing I can do about that question but I am curious to know why they want to know that and if it's going to "hurt" the process because I am unemployed at the moment (job seeking).


My understanding is that they aren't anywhere near as concerned about your career and finances as they are about your sponsor's. If your sponsor is unemployed, they will want your joint/co-sponsor to be rock solid. But you, they don't worry about too much.
HeatDeathMaleCanada2010-02-10 20:26:00
K-1 Fiance(e) Visa Process & ProceduresParticularly complicated case ?
My understanding, and you may want to do some more research (search around here, maybe consult with a lawyer) is that previous overstays are not necessarily a showstopper, but failure to report them is. If you don't mention the overstay on your forms, and they discover it, you'll get done for material misrepresentation (lying or omitting important info on a form), and that will buy you a denial, and anything from a few year to lifetime ban on immigrating to the US.
HeatDeathMaleCanada2010-02-10 14:10:00
K-1 Fiance(e) Visa Process & ProceduresStarting out
Go to a friend's house, or a public library, or an internet cafe with a printer, and print out the USCIS forms there. Alternatively, I think you can get blank forms by mail from the USCIS website, but it's much quicker and easier to just find a way to print them out.

It is not absolutely necessary to fill out the forms on the computer. Printing out blank forms and filling them out neatly with black ink should be fine for everything except the consulate visa application DS-156/160, and you can worry about that later.
HeatDeathMaleCanada2010-02-18 18:00:00
K-1 Fiance(e) Visa Process & ProceduresWhat if he was here illegally?
"Determination is the response of the will to hope held in the heart." -Me, just now :)
HeatDeathMaleCanada2010-02-18 16:13:00
K-1 Fiance(e) Visa Process & ProceduresWhat if he was here illegally?

NOT EVEN THINK ABOUT IT FOR ONE SECOND. YOU ARE TALKING ABOUT A LIFE TIME BAN WITH NO WAIVER. JUST FORGET IT.

Exactly. It's a trap. They have you either way: Report the EWI and it's a 10 year bar. Don't report it and, if they catch it (which is sufficiently likely to be very risky and therefore highly unadvisable, given the consequences), it's a lifetime bar for material misrepresentation.

Your guy made 3 mistakes. Entering without inspection was mistake 1. Being present in the US on the 181st day after the EWI (thus earning a 3 year bar) was mistake 2. Being present in the US on the 366th day after the EWI (thus earning the 10 year bar) was mistake 3. These mistakes can be completely corrected by him serving out the 10 year bar outside the US. A 10 year bar is long, but at least it's finite, and carries with it no further consequences. (A lawyer may be able to suggest other options, but frankly, I think it's a long shot.)

At this point, material misrepresentation would be mistake number 4, and by far the worst. Material misrepresentation, if caught, can be a lifetime bar, fines and even possible jail time. Some of these can even hit the USC (that's you) if they find in their investigation that you were knowingly party to it. To wit, don't even think about it. It's not worth it.

Biggest problem with material misrepresentation is that once committed, it's like a dormant cancer in your immigration file, that can flare up at any time. There are several steps you go through, over a period of several years. Even if you get through one step by committing misrepresentation, that falsification in your file can pop back up at any of the subsequent steps, even years down the road, and destroy everything you've worked for. There are even cases of people who have had their naturalization citizenship revoked, years later, because of material misrepresentation committed during the immigration process years before. USCIS will forgive many things, but they will not bear being lied to, and will hit back, hard when (not if) they catch it.
HeatDeathMaleCanada2010-02-18 15:49:00
K-1 Fiance(e) Visa Process & ProceduresWhat if he was here illegally?

So basically we are screwed all the way around....thanks for the advice.

:crying:

he is still here
i cannot afford an amazing lawyer
he wants to return home and make all of this right so we can be together.
doens't look good...

:crying:

There's no such thing as being screwed all around. There are always options. Some options just take more time than others. God doesn't always leave you the quick and easy way, but He always leaves us a way.

Can your guy command a living wage in Honduras? Do you speak Spanish? The two of you moving to Honduras to wait out the 10 year ban may be part of His plan for you. Or you may find, contacting Catholic Charities, that a good lawyer literally falls into your lap :) the way God leaves us is usually surprising :)

When God is behind you, think like a bulldozer, or better yet, a glacier. Cool, calm and collected. You may only move a few feet per year, but no force on the planet can stop you. Insurmountable mountains crumble into dust under your slow but unstoppable advance.

Edited by HeatDeath, 18 February 2010 - 01:52 PM.

HeatDeathMaleCanada2010-02-18 13:50:00
K-1 Fiance(e) Visa Process & ProceduresWhat if he was here illegally?
You guys almost certainly need a very good immigration attorney in order to try anything.

If he is in the US now, it may mean he's basically hosed :( Yes, "'swam the Rio'-illegally" is exactly what they mean by "entered without inspection". Not that a visa (K-1 or CR-1) would be applicable anyways. Visas are only for entering the US. If he is currently in the US, what you would be doing is adjusting status. Adjusting status is basically impossible if you entered without inspection. An amazing lawyer might be able to sneak you through the cracks. But it will be very difficult (and probably very expensive). Beware of any lawyer who makes unrealistic promises that this will definitely work.

On the other hand, if he was in the US without inspection for a while, and has now returned to Honduras, a lot depends on whether you two are currently married, and for how long he was in the US out-of-status. If he was out of status for more than 180 days, he will have a 3 year ban on entry. If he was out of status for a year or more, it's a ten year ban. These may theoretically be surmountable based on a hardship waiver, but again, you will want a lawyer, even at that it's still very dicey, so again, beware of any lawyer who sounds too optimistic. They will happily take a few thousand dollars of yours, hit a legal brick wall, shrug, and say "oh well, sucks to be you."

Your best shot is if he is currently in the US, having entered on some kind of legal status. If he's here legally, and you are married, the past EWI and out-of-status time might be forgiven. Spouses of US citizens get forgiven of out-of-status-time quite often, but I don't know if past EWIs are as easily forgiven, if at all.

Overall, it doesn't look good. You guys need a very good lawyer who is intimately familiar with every single loophole in the entire system. Sad to say, you'll probably need them.

Edited by HeatDeath, 18 February 2010 - 01:21 PM.

HeatDeathMaleCanada2010-02-18 13:20:00
K-1 Fiance(e) Visa Process & ProceduresHow long for police records check?
When I was applying for my K-1 through Vancouver, I went to a local RCMP detachment and showed them the Packet 3 checklist. They knew exactly what I needed. Because I have no criminal record, they were able to do it right away. 10 minutes wait. Only thing that took any length of time was they made me go to the local post office and get a money order, since they wouldn't take cash, credit, or debit, and I didn't have a chequebook handy.

I know it's significantly longer if you have a criminal record, but I don't know how much longer.
HeatDeathMaleCanada2010-02-21 02:47:00
K-1 Fiance(e) Visa Process & ProceduresU.S. Peace Corps Volunteers & K1 Visa (El Salvador)
Generally speaking, cosponsors are accepted. My USC wife was out of work through the whole process. Her mother agreed to be a cosponsor and the whole process went very smoothly. (The most static I got from the consulate was the CO's slightly worried musings about where and how I would get health insurance.)

The biggest hurdle is going to be the local consulate. Your petition should get approved by USCIS with no problems, but some consulates are much stickier than others regarding cosponsors, evidence of bonafide relationships, etc. It is possible that the Costa Rican embassy is much fussier about cosponsors. Your best bet would be to search around in the appropriate regional sub-forum (as well as the consulates/embassies sub-forum) here to find out if people have successfully applied with cosponsors through Costa Rica.

Even if Costa Rica are extra fussy about cosponsors, you'll be able to help your case by massively front loading your I-129F application with evidence of your bonafide relationship, and by including with your cosponsor's I-134 every single piece of evidence they even vaguely mention, and then some :) It also helps that the cosponsor is an parent. It may also be a good idea (by which I mean almost mandatory, if you have any reason to suspect that having a cosponsor will cause problems) for you to arrange to be physically present at your fiance's visa interview. Those are the three big guns that you can pull at the consulate interview, and they are known to get results, even with the crankiest consulates.

Edited by HeatDeath, 18 February 2010 - 04:30 PM.

HeatDeathMaleCanada2010-02-18 16:28:00
K-1 Fiance(e) Visa Process & ProceduresCertificate of Citizenship: Age when it was issued
It won't be an issue. Remember, for an I-129F they want a current passport photo(or two) of you (the USC) as well. That's the picture they'll be using for reference purpose. As long as you still look like an older version of the person on the certificate, and all of the names match, you'll be fine.

Michael Jackson might have had a hard time if he had tried to use a photo of himself in his early teens to identify himself later in life. You should have no problem :)
HeatDeathMaleCanada2010-02-22 14:58:00
K-1 Fiance(e) Visa Process & ProceduresNOA2 received a month earlier than expected...
I remember when my now-wife got our I-129F NOA2. She had mailed it in mid-to-late October and the approval showed up on January 7th. We had planned for me to stay in Canada to finish the school year (I'm a teacher) so we weren't in any real hurry for anything to happen as I wouldn't be leaving Canada until early-to-mid July anyways. We had a slightly risky plan in that we were planning the wedding (and had already put money down) for September 12.

Anyways I get a semi-panicked email from my now-wife telling me we're approved and worriedly asking "Is this too soon? Is this going to screw up the timing for the wedding?!?" :)

I had to dig out a calendar and work things out. Turned out that as long as I could contrive to delay the approval of the visa past the end of January, everything would be fine. Beginning-to-middle of February plus 6 months is beginning-to-middle of July, which is after the end of the school year. Beginning-to-middle of July plus 90 days is beginning-to-middle of October. So as long as the visa was issued in February or later, I would be able to stay in Canada until mid July, as planned. And arriving in July as planned allowed for September 12 to be well within the 90 day I-94 validity from the K-1.

Turned out I didn't get the Packet 3 forms faxed back to the consulate until early April, so everything worked out nice and smooth. But you won't find too many people on here who's first response to a nice quick approval of the fiance petition is worry over whether it's too soon! :lol:
HeatDeathMaleCanada2010-02-24 17:10:00
K-1 Fiance(e) Visa Process & ProceduresOverstaying In USA

Well thank you to all of you guys for your response.

More Details: My fiance an Indian overstayed 86-93. Never returned back to US since 1993. No criminal records of any sort, pretty clean chart. I am preparing for his k-1 visa and was wondering if his overstay would cause problems that I would not be-able to take care of on my own and end up needing a lawyer?

I wouldn't hire a lawyer to fill out the forms and do the actual filing for you. Just follow the examples here and be perfectly honest and that part won't be a problem. IF you get a denial at some point, that is when you need a lawyer on a more ongoing basis.

In your situation though, I would recommend, unless I am heavily overruled here, springing for an immigration lawyer for a one-time consult to make sure that the overstay won't cause any problem. Because the laws have changed since then (as mentioned above) the question is a little more complex than most encountered here, and a professional opinion is probably a good idea.

If the lawyer determines that a waiver may be necessary, you can then talk about getting the lawyer to help you draft the waiver. But if the overstay is found to be non-problematic (and I suspect that it will, since he has been out of the US for more than 10 years since the overstay), normal cases do not normally need a lawyer for the actual filing.

Edited by HeatDeath, 28 February 2010 - 12:22 AM.

HeatDeathMaleCanada2010-02-28 00:20:00
K-1 Fiance(e) Visa Process & ProceduresOriginal or Copy of Birth Certificate?
The Vancouver Canada consulate say that you need to bring an original (government issued, as opposed to personal photocopy) of your birth certificate, plus a photocopy if you want the original back. In other words, they need to see an original, and they need to keep a copy of it, but they don't care if they keep the copy or the original.

An "extract from official records" is what Vancouver is perfectly happy with, and seems to be what they usually mean by "original", so I would expect that to work fine. You might want to call or email the consulate to confirm.

Edited by HeatDeath, 28 February 2010 - 02:25 PM.

HeatDeathMaleCanada2010-02-28 14:23:00
K-1 Fiance(e) Visa Process & ProceduresCan someone entering on a fiancee visa leave the states before we are married?

My fiancee lives in Ghana and runs a successful business there. We want him to come to the states to meet my family and help plan the wedding, but he will need to return to Ghana to maintain his business before we are married. Then he intends to return to the states for us to marry. Is this possible?

It's certainly possible. He'll need a tourist visa. That, however may be a problem, depending on his local consulate. Tourist visas can be very difficult to obtain in certain countries. I do not know if Ghana is one of these.

Tourist visas are typically denied if the consular officer feels the applicant would be a strong immigration risk. Having a fiancee in the the US would definitely tend to make them feel that he might be intending to enter the US on this tourist visa and simply stay. Having his own business in need of maintenance in Ghana would help him, as would any other demonstrable ties to Ghana: mortgages, employees, etc.

Note that once you apply for a fiance visa for him (or marry him and begin the process of applying for a spousal visa (which might be an easier road than the fiance visa, again, depending on his consulate)), it will become even more difficult, indeed, probably impossible to get a tourist visa. If he already has one, he should be able to continue to use it, but he should make sure to bring evidence of the aforementioned ties to Ghana, as the border officers will also refuse to admit him if they feel he is a significant risk for illegal immigration/visa abuse.

I should also point out that the timelines involved in obtaining a fiance or spousal visa are extremely uncertain, but quite long, so it would be unwise to do any but the most basic planning before his fiance visa is approved. Also, once he is given a fiance visa, the wedding must be within 90 days of his entry. It is unclear how much help he will be able to be in the planning stages.

[Full disclosure: we did have our wedding planned for a specific date, with money put down, before we had the visa in hand. This was profoundly unwise, although in our defense the wedding was way into the future (September, and the visa was issued in April) and we were going through what is considered to be one of the easiest consulates (Vancouver, Canada). Ghana may be a little more of a fight, and therefore generate significantly more uncertain timelines.)

Edited by HeatDeath, 01 March 2010 - 02:21 AM.

HeatDeathMaleCanada2010-03-01 02:19:00
K-1 Fiance(e) Visa Process & ProceduresPetitioner Photograph

Use the photo for what?

Use that photo as the photo that gets printed on the visa that gets glued into your passport.
HeatDeathMaleCanada2010-03-01 18:55:00
K-1 Fiance(e) Visa Process & ProceduresPetitioner Photograph
Actually, his from the I-129F won't go on the visa either :) His visa picture will be the one he brings to the interview. At least, that's how Vancouver did it.
HeatDeathMaleCanada2010-02-28 20:55:00