ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresK1 application - U.S. citizen fiancee divorced

Thanks for the quick replies.

 

As I understand it from what I've read so far, the bifurcated process is available in some states but not in others, and apparently is quite common in California to allow a person to be legally divorced and thus free to remarry before any final settlements about assets, custody of children etc. is sorted out at a later date.   So there's no doubt that immigration issues aside the divorce itself was granted and she is free to remarry, and if, for example, we were both U.S. citizens there would be no problem getting married tomorrow.   But we're getting suggestions that this isn't good enough for the I-129F petition.

 

 

 

Suggestions from where?

 

She should have a piece of paper from the court house with an official seal/stamp on it that says the day that the marriage was dissolved. That's what you need to send a copy of.


lost_at_seaFemaleUnited Kingdom2013-08-12 14:19:00
K-1 Fiance(e) Visa Process & ProceduresK1 application - U.S. citizen fiancee divorced

My husband was previously married and divorced in California. We had to wait until he had the divorce decree in his hands from the court before we could proceed with our plans.  You'll need a copy of the divorce decree for the I-129f package, and it will be rejected or denied without it because you'll have failed to establish one of the key factors of eligibility (proof that you are free to marry). 

 

Also, having looked up what a bifurcated divorce is - you don't need to send USCIS any info on the asset division. They want to see a decree from the court that says clearly the date on which the marriage was terminated.  Do you have that?  If so, that's fine.

 


Edited by lost_at_sea, 12 August 2013 - 02:11 PM.

lost_at_seaFemaleUnited Kingdom2013-08-12 14:07:00
K-1 Fiance(e) Visa Process & ProceduresForeign marriage after obtaining the K1 visa?

You must not enter the US on a K1 visa already married. It'll void your K1. If you want to get a second marriage for some reason, do it *after* you've done AOS or have your AP.


lost_at_seaFemaleUnited Kingdom2013-08-15 17:53:00
K-1 Fiance(e) Visa Process & ProceduresMarriage plans need to be included in K1 application?

Engagement ring and marriage plans (i.e. bookings etc.) are definitely optional.  Things you MUST evidence:

 

  • Meeting in the last 2 years (passport stamps, boarding passes, photographs, receipts for trips/hotels etc.)
  • Free and legally able to marry (divorce decrees where needed, letters of intent)
  • Intend to marry one another within 90 days of US entry (letters of intent)

Then everything else you will want to include is about establishing the bonafide nature of your relationship (communication logs and what not).  An engagement ring is just one example, not a requirement.


Edited by lost_at_sea, 15 August 2013 - 01:02 PM.

lost_at_seaFemaleUnited Kingdom2013-08-15 12:59:00
K-1 Fiance(e) Visa Process & ProceduresTravel While Applying for Permanent Residency
I think if you're set on June move, stick with your K1 and pad it out. You're half way done, seems a shame to abandon it.

If you marry now and file, you're more likely to find you can't move until closer to August next year (or beyond).

Edited by lost_at_sea, 17 August 2013 - 10:22 PM.



lost_at_seaFemaleUnited Kingdom2013-08-17 22:20:00
K-1 Fiance(e) Visa Process & ProceduresTravel While Applying for Permanent Residency

For what it's worth, I think you can probably pad the K1 process out all the way until June. I think you get a year before they'll give up on you.  Hopefully, someone who's done that will pipe up shortly and confirm that.


lost_at_seaFemaleUnited Kingdom2013-08-17 21:19:00
K-1 Fiance(e) Visa Process & ProceduresTravel While Applying for Permanent Residency

These are really useful comments.

I have a couple more questions though.

With regards to delaying getting a k-1 visa, how possible is this? My NOA form is only valid until mid-December. How accommodating are they with regards to the dates you can come into the consulate etc. if I can delay it until Feb/March time then there is less of a problem. For once the process moving swiftly hasn't worked to our advantage!

With regards to a civil ceremony--I'm currently in the u.s. seeing my fiancé before I start the job. I arrived on a vwp. Isn't there a risk that if we get married now, that would constitute visa fraud, as I would have entered on false pretenses, even though we were not intending on getting married while I was over this time. Or would the ceremony have to take place in the u.k.?

Also, were we to withdraw the application now, would this complicate the whole process when we do get married? I.e. she would have petitioned beforehand, and I seem to remember that you have to declare stuff like this.

Thanks again for your replies, they are clarifying things for me.









 

You can extend the validity of the petition.  You'll need to have your fianceé send a new notorized letter of intent to marry you if you go beyond the validity (search the forums a bit, you'll find plenty of people asking what to do as their petition expiry date approaches - it's not uncommon to extend and London makes it easy).  You'll need to keep in contact with the embassy and make sure they know you're going ahead with the visa, of course.

 

Civil ceremony - You can marry in the US right this second if you like.  That's not visa fraud.  What would be considered visa fraud is entering the US as a tourist with intent to marry AND THEN STAY.  You have no intentions of staying.  The K1 makes that seem confusing because why have a visa for fiancees if you can just marry?  Well, that's because the K1 is a visa that allows folks to marry AND THEN STAY, legally and easily.

 

Withdrawing an application is fine and should cause no problems (we did, in fact, and as you can see, I'm in the US now).  You will declare the old petition on the new form, no worries.  

 

I think the real question you need to think about is when do you want to move to the US permanently - January or June (or later)?  How much do you really want to take the work contract?  If you carry on with your K1 process at regular speed, you could easily be permanently moved to the US by this Christmas and settle.


Edited by lost_at_sea, 17 August 2013 - 09:09 PM.

lost_at_seaFemaleUnited Kingdom2013-08-17 21:05:00
K-1 Fiance(e) Visa Process & ProceduresTravel While Applying for Permanent Residency

Since you would have to leave the country immediately, I do not think that the K1 is for you... My 2 cents and a different idea is to do a civil marriage now or in the near future and file for CR1 .. It will take about 10-12 months, you can travel to the USA for your work on VWP, and then finish working... They, by next July or so, your all ok to move to the USA. Upon this entry, you will have your green card, no AOS necessary and travel as you need to... Just a thought...

 

+1 This may be a better route, especially since the OP seems to not want to move permanently until this time next year.  


lost_at_seaFemaleUnited Kingdom2013-08-17 20:39:00
K-1 Fiance(e) Visa Process & ProceduresTravel While Applying for Permanent Residency

So, once you get the K1, as the poster above says, it's like a visa sticker in your passport.  The CBP officer will see it, and need to stamp it etc. and that's it used up. You stay and AOS, or you leave and blow the whole thing and have to start over. I've heard of people suggest you can enter on the VWP and not have your K1 endorsed, but I think that's quite risky and up to the officer.  It's probably not recommended and you should probably just plan your time better for apply for the K1 after I-129f petition approval.

 

You cannot enter the the USA on a K1 already married. That'll void your K1.  If you did do that (get married) you'd have to start all over again with the I-130 petition for CR-1 visa (this takes about a year to get, all in all, and will also need to be done while you keep living in the UK).

 

What you should probably do is look at the average processing times for the I-129f/K1 and understand when things are most likely to happen.  You can probably make a better judgement once your I-129f is processed and then you'll be on the London side of things, though. 

 

If you need to, you could simply slow down the processing of the K1 in London so that you eventually interview *after* January, and therefore don't get the visa until after then and you're ready to go for good. smile.png  You can see how it's starting to play out later in the year.  Your K1 visa will be valid for 6 months from the date on which you have your medical examination, for a one time entry only.

 

You probably need to also understand that when you enter the US on your K1 and marry, you won't be able to leave the USA or work until you've applied for and done the Adjustment of Status (about 5 months) or also applied for and received your EAD (work permit) and AP (advanced parole - it allows you to work) - EAD and AP take about 3 months to receive.  If you leave the USA before getting AOS done or AP, you'll again have to start over with the I-130 for CR-1 visa from the UK again.  When you eventually get your K1, you should plan for the next trip you make to the US to be your actual move, basically.

 

My reply is a little all over the place - please do ask if something I've said doesn't make sense / needs more detail.

 

 

EDIT: Sorry, I just re-read your post and see that your I-129f has already been approved.  Erg! That somewhat makes slowing it down more difficult.  You can probably slow it down enough, though, so you receive after January (5 months away?).  It's going to take a bit of time for your case to go through the NVC to London.  

 

Please complete your timeline with the dates you had approval etc. so folks can help advise: http://www.visajourn...e.php?id=166759

 


Edited by lost_at_sea, 17 August 2013 - 08:27 PM.

lost_at_seaFemaleUnited Kingdom2013-08-17 20:20:00
K-1 Fiance(e) Visa Process & ProceduresCo-sponsor just backed out for my partners k-1 visa

 

I wonder why the form even exists then? I mean it seems like a waste as explained.

 

Yeah, it does somewhat.  But it also explains why some embassies, particularly like London, really don't need to see much evidence or money (e.g. will often take 100% poverty guidelines instead of insisting on 125%, and don't have to see tax returns).

 

If you see it as just a short-length version of the I-864 it makes sense, since the instructions refer to the same act under "what is the purpose of this form?".  It's literally for exactly the same reasoning, just for less time, because the K1 is such a temporary status.

 

http://www.uscis.gov.../i-134instr.pdf


lost_at_seaFemaleUnited Kingdom2013-08-17 14:01:00
K-1 Fiance(e) Visa Process & ProceduresCo-sponsor just backed out for my partners k-1 visa
Re: civil partnership and lack of marriage recognition in the UK (I assume this is a same-sex issue, hopefully that'll change very soon. Stupid UK.).

You can marry in the US and do the CR-1 route now if you like. As a UK resident, that would also open the DCF route to you.

K1 or CR-1, you'd still need to find US work, assets of several thousand (the house you own outright soon - I wonder if that's an option to sell?), or a joint sponsor.

Edited by lost_at_sea, 17 August 2013 - 11:05 AM.





lost_at_seaFemaleUnited Kingdom2013-08-17 11:02:00
K-1 Fiance(e) Visa Process & ProceduresK-1 expired. Options?

You can do whichever path you like. You can start over with the I-129f for K1, or get married and submit the I-130 for CR-1.  Not using the old visa shouldn't matter (although they may be curious as to why at her interview).  

 

It is possible they'll reissue the visa, but I think it unlikely given how long you've waited. Always worth asking, though.


Edited by lost_at_sea, 21 August 2013 - 12:21 PM.

lost_at_seaFemaleUnited Kingdom2013-08-21 12:20:00
K-1 Fiance(e) Visa Process & Proceduresi-864 and i-134

I-134.

 

You'll do the I-864 when you do the adjustment of status after you marry.


lost_at_seaFemaleUnited Kingdom2013-08-23 16:37:00
K-1 Fiance(e) Visa Process & ProceduresForm I-134 Affidavit of Support

Yes, it's fine for your mother to joint sponsor. That's pretty common, actually.  You'll be the primary sponsor (i.e. petitioner), then your mum'll do an I-134 for the financial bit.  Your mum couldn't be the petitioner, because she's not the one who's gonna marry him. ;)

 

Also, when you come to do the Adjustment of Status, you'll do the I-864 (a more strict financial form) and your mother can be the co-sponsor then, too.

 

The only requirements for joint-sponsors are that they be over 18, USC and actually living in the US.


Edited by lost_at_sea, 23 August 2013 - 07:21 PM.

lost_at_seaFemaleUnited Kingdom2013-08-23 19:20:00
K-1 Fiance(e) Visa Process & ProceduresDs 156 HELP!

Just send them in. Put a cover note on them to explain that they go with a previous package you already sent.

 

Alternatively, resend all the DS forms.

 

No panic.


lost_at_seaFemaleUnited Kingdom2013-08-25 22:12:00
K-1 Fiance(e) Visa Process & ProceduresI-134 Question

 

I keep seeing the 3X number pop up here and there, not sure where it comes from.  The I-864 clearly stipulates 5X.  Perhaps some countries are lax on that number, not sure.

 

3x for spouses and children.

 

http://travel.state....nfo_3183.html#6

 

What Cash Value of Assets is Needed?

The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size

 

Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guideline and actual household income.

 


lost_at_seaFemaleUnited Kingdom2013-08-23 11:51:00
K-1 Fiance(e) Visa Process & ProceduresI-134 Question

I don't understand what happened in this thread, but to make it simple...

 

If your household size is 2, you need to be making $19387 per annum. 

 

If you have $0 income and your household size is 2, you need to have 5 x $19387 in assets. So $96939 in the bank or other assets that can be liquid within a year and accessible in the US.

 

If you had $10000 income, you'd need 5 x $9387 etc. to make up the short fall in assets.

 

Spouses are allowed to use 3x (and some lenient embassies will also accept 3x, I doubt Manilla is one given they don't accept joint-sponsors). 

 

The numbers go up with each additional household member.

 

All of this information is available on the forum already with a small amount of searching.


lost_at_seaFemaleUnited Kingdom2013-08-22 12:18:00
K-1 Fiance(e) Visa Process & ProceduresWaiver for not meeting. What is required?

NO, you probably wouldn't be able to spend time alone, but why can't you travel and see your fiancé with a chaperone?  I believe that is OK under Muslim traditional marriage rules correct?

 

It is VERY difficult to get a waiver for not meeting.

 

good luck

 

Or, even, if it's difficult to travel, then your USC fiancé should travel to meet you with a chaperone present.  

 

The requirements do not say you must meet alone, only that you both have met each other face to face, even if that was in a crowded station with a thousand other people!

 

The meeting also does not have to take place in the USA.

 

You should have passport stamps to show the travel for either one of you, with boarding passes, and take some photos of your meeting showing you both in them.


lost_at_seaFemaleUnited Kingdom2013-07-10 03:20:00
K-1 Fiance(e) Visa Process & ProceduresNervous about having a co-sponsor

His interview is in the Czech Republic

 

 

 

As far as I know, they'll take a joint-sponsor.  If you want to go that way, you'll need to find an American in the US who makes enough money to cover themselves, their household plus your fiancé (then look on the poverty link above at the 125% value to see how much they need).  Your fiancé's dad (who I assume is also in the Czech Republic and not American) would not qualify as a joint sponsor.

 

If you want to sponsor yourself, and assuming you have no other dependants, you'll need to be making $19387 per annum.  Some embassies are less strict and may take the 100% value instead of the 125% value listed.  

 

Which ever way you go, the person doing the financial sponsorship should complete the I-134, and also include evidence of their income (via tax returns, W2s, paystubs, employment letter). 


Edited by lost_at_sea, 29 August 2013 - 05:02 PM.

lost_at_seaFemaleUnited Kingdom2013-08-29 17:01:00
K-1 Fiance(e) Visa Process & ProceduresNervous about having a co-sponsor

timeline.gif

 

What embassy is the interview at?

 

Most countries allow joint-sponsorship, some don't.  The joint-sponsor must be over 18, a US citizen and living in the US.

 

These are the poverty guidelines: http://www.uscis.gov...form/i-864p.pdf

 

 


Edited by lost_at_sea, 29 August 2013 - 04:46 PM.

lost_at_seaFemaleUnited Kingdom2013-08-29 16:44:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about affidavit of support & joint-sponsors
That's allowed. It's quite usual for it to be someone in the same household (a family member).
lost_at_seaFemaleUnited Kingdom2013-08-30 14:18:00
K-1 Fiance(e) Visa Process & ProceduresI129F US Entry

Hah. Yes.  +1 for shortest.

 

Also, some airports (like SFO) have a designated "new immigrants" line. It's generally empty/short and the one to head for.  If in doubt, enquire with an official looking person as you enter the waiting area.


lost_at_seaFemaleUnited Kingdom2013-09-03 13:39:00
K-1 Fiance(e) Visa Process & ProceduresAm I at risk?

As with anyone else on this thread, I have no idea how the Spanish police are - but I think I'd probably laugh if someone came into the station whining that someone "ripped some tape" on a room they just got evicted from for not paying rent.

 

+1 Darnell's posts.  I think he's just angry and making silly threats.  An apology and it'll probably all calm down.  Or, he'll move out as per his eviction and you'll never hear from him again.


lost_at_seaFemaleUnited Kingdom2013-09-03 16:14:00
K-1 Fiance(e) Visa Process & ProceduresWould like your input

What sort of evidence did you send with your I-129f petition to show bonafide relationship?  That may give an indication of how your case may go.  


lost_at_seaFemaleUnited Kingdom2013-09-03 11:52:00
K-1 Fiance(e) Visa Process & ProceduresAnxious and need help

Yes but I am still confused if she needs to fill out the bio form and sign it before I can file


Yes. It is clearly in the guide's list of items to put in the petition (items 7 & 9). Read it again.

Edited by lost_at_sea, 03 September 2013 - 09:34 PM.


lost_at_seaFemaleUnited Kingdom2013-09-03 21:33:00
K-1 Fiance(e) Visa Process & ProceduresAnxious and need help
Have you read the guide? http://www.visajourn...content/k1guide
lost_at_seaFemaleUnited Kingdom2013-09-03 20:24:00
K-1 Fiance(e) Visa Process & ProceduresI-134 by fax?

They need "wet signatures" so can't be faxed. Best bet if you want them there quickly is to fedex them overnight.  

 

The items that don't need signing and are just copies/print-outs (phone logs and such) can be faxed.


Edited by lost_at_sea, 04 September 2013 - 10:01 PM.

lost_at_seaFemaleUnited Kingdom2013-09-04 22:01:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Sent Off and I have a Question.

Well I just sent in my package and I realized the check I sent has an old address on it. I live in NH so the Vermont processing center may be used.  Should I be prepared to have the whole package rejected because of the check?

 

If your check can still be cashed, it will be fine. If it bounces, the package will be sent back.


lost_at_seaFemaleUnited Kingdom2013-09-04 14:04:00
K-1 Fiance(e) Visa Process & ProceduresVisa in Hand...next set of paperwork

:/ The $165 IV fee doesn't apply to K1s (it's a fee for green card production, basically).  I think you just overpaid.  Were you instructed somewhere to make an ELIS account and do that payment?

 

Anyway... Next step is get married and file AOS! http://www.visajourn...content/k1k3aos


Edited by lost_at_sea, 05 September 2013 - 01:32 AM.

lost_at_seaFemaleUnited Kingdom2013-09-05 01:31:00
K-1 Fiance(e) Visa Process & ProceduresFiance Visa (K1 Visa) for Same sex..

What i am just confused about is where to pay the fee for filing the petition? My boyfriend never applied for any visa to someone before and never been out of the USA, it was actually his first time to come in Asia and will be his 2nd time this November but in Hong kong this time but yes with me.. hehehe

I am just confused about the payment that he needs to pay. I'm really confused. I just want some answers here so i can send it to him.. Thank you!

 

Please thoroughly read the guide.  http://www.visajourn...content/k1guide

 

He will pay the petition filing fee as directed on the I-129f instructions ($340): http://www.uscis.gov...00045f3d6a1RCRD

 

You'll pay a second fee for the actual K1 visa of $240 later at the consulate stage.


Edited by lost_at_sea, 03 September 2013 - 01:36 PM.

lost_at_seaFemaleUnited Kingdom2013-09-03 13:35:00
K-1 Fiance(e) Visa Process & ProceduresFiance Visa (K1 Visa) for Same sex..

Yes, same-sex couples may now file the I-129f petition for K1.  It's a very recent change (DOMA turnover).  Guide: http://www.visajourn...content/k1guide

 

If you search the forums, you'll find some other folks following the same process in same-sex relationships.  e.g. http://www.visajourn...ouples-show-up/


Edited by lost_at_sea, 03 September 2013 - 01:13 PM.

lost_at_seaFemaleUnited Kingdom2013-09-03 13:13:00
K-1 Fiance(e) Visa Process & ProceduresLawyer Problems Please Help!

+1 Fire 'em. Embassy stage is a great opportunity to go back to DIY.


lost_at_seaFemaleUnited Kingdom2013-09-05 01:16:00
K-1 Fiance(e) Visa Process & Proceduresaffadavit of support

You need to back file your 2012 tax return. You are still required to do it even though you were not in the USA.

 

As you are currently very late for your 2012 return, you're probably due a fine.


lost_at_seaFemaleUnited Kingdom2013-09-04 16:00:00
K-1 Fiance(e) Visa Process & ProceduresForm DS-156K Question

 
+1
 
except that I was asked for original (signed) letter of intent from both parties. I don't know if it's different for London.



London only wants a new letter from the petitioner if they go over the expiry date of the petition.

lost_at_seaFemaleUnited Kingdom2013-09-05 10:54:00
K-1 Fiance(e) Visa Process & ProceduresForm DS-156K Question
Don't mail your certs. etc. They go with you in person to the interview.

Proof of engagement is already done - that was your letters of intent and the embassy already has those from your package. You don't need more.


lost_at_seaFemaleUnited Kingdom2013-09-05 10:42:00
K-1 Fiance(e) Visa Process & ProceduresI-864 Agreement and Risk for joint sponsor

So once she has lived in the US (green card) for 3 years she can file for naturalization. How long does the process approximately take once she has filed for naturalization?

 

Not sure. Check out the timelines, I guess.  http://www.visajourn...fl=&op5=5,10,11  

 

Anyway - if you're going to try and do a straight line from K1 -> AoS -> RoC -> Citizen, your dad is probably on the hook for about 3.5/4.5 years, not 10.


lost_at_seaFemaleUnited Kingdom2013-09-05 13:09:00
K-1 Fiance(e) Visa Process & ProceduresI-864 Agreement and Risk for joint sponsor

The I-864 lists the ways in which the obligation may be changed.  Read the bit at the end "When will these obligations end?".  It's a contract, and those reasons are the way in which the contract may be terminated (replacing with someone else as the sponsor does not appear to be an option).

 

If your wife sticks to the fastest to naturalisation route, her becoming a citizen will terminate the contract. She can do that after just 3 years in the US as an LPR.


Edited by lost_at_sea, 05 September 2013 - 12:33 PM.

lost_at_seaFemaleUnited Kingdom2013-09-05 12:24:00
K-1 Fiance(e) Visa Process & ProceduresFiancé forgot he was married before!

Quit claim? I have only heard that term when adding someone to a deed.

 

+1

 

Quitclaim deeds are in regards to property.  It means they jointly owned something and she's given up her rights to it (happens in divorces all the time).

 

Sorry... I got confused about which one he remembered he was married to.


Edited by lost_at_sea, 29 August 2013 - 04:06 PM.

lost_at_seaFemaleUnited Kingdom2013-08-29 16:04:00
K-1 Fiance(e) Visa Process & ProceduresWorking on a plan B, can someone confirm I'm correct

 

Does how you did below show up by doing a timeline or what?

 

 

 

You want to fill out a bit of your bio info here (Immigration info section): http://www.visajourn...usercp&tab=core


lost_at_seaFemaleUnited Kingdom2013-09-04 23:33:00
K-1 Fiance(e) Visa Process & ProceduresWorking on a plan B, can someone confirm I'm correct

Oh - quick tip (just found your other thread) - update your profile information a bit so you're flagged as a UK case. That way your threads'll show up in the UK portal and folks from our region are more likely to spot your topics and respond to them.  The UK crowd on here is pretty solid. ;)

 

http://www.visajourn...=United Kingdom


lost_at_seaFemaleUnited Kingdom2013-09-04 22:47:00