ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & Procedures129f primary evidence

All i have are emails and leases showing we lived close in the states. Do i really have to fly to flipping rio to prove i know my girl?


The only requirement to file an I-129F is that you have met in-person at least once in the past two years of filing date. It doesn't matter that meeting took place.

I don't know if this would be an issue or not, so take it with a grain of salt but if you have not seen each other in-person at least once during the past two years of filing date, then you may want to make a trip to see each other, and that can be anywhere.
Ryan HMaleChina2011-04-12 21:54:00
K-1 Fiance(e) Visa Process & Proceduresplease help we got RFE!

we just received our rfe thru mail....pls please help us and give s your opinion or idea regarding our rfe pls.

1.LETTER OF INTENT - are we going to notarized it or just the original signature?

2.PROOF OF MEETING THE LAST 2YRS - what are the evidences that were gonna submit on this?

3. DIVORCE PAPER INCOMPLETE(only the first and last pages was submitted) - what is this???


1. Original signature from the both of you is sufficient

2. What m+p said

3. How many pages is the document? From what USCIS is saying, they think there is more to the document than two pages.
Ryan HMaleChina2011-04-13 02:13:00
K-1 Fiance(e) Visa Process & ProceduresInterview and Forms

Hi Everyone,

I would like to know if the fact the person put none as present occupation in the form could bring any problem for her interview. I'm not studying because we got approved this semester. So my present occupation is none. Do you guys know about it? Did you guys hear about the same situation? And what do you guys think?


IMO, "unemployed" might be better to write than "none."


* One more question on the DS 156 form question number 30 Have you ever been issued a visa to U.S? Should I put my visa there and also my visa extension. (my extension is a DS paper). What do you guys think about it?


If you have ever been issued a visa to the US, then you absolutely say yes. As for the extension, I don't if you would list that or not since it's an extension of an already issued visa.
Ryan HMaleChina2011-04-10 10:21:00
K-1 Fiance(e) Visa Process & ProceduresAHH which Embassy should I have sent to?!
While K1 visa's are non-immigrant visas, there is immigration intent, therefore, they are only issued by immigrant visa posts. K1 interviews in Italia are only done at the Consulate in Napoli.

Now, do not worry having put Rome on your I-129F. The NVC will route it to Napoli. If for some reason it gets sent to Rome, it will be forwarded to Napoli.
Ryan HMaleChina2011-04-16 00:50:00
K-1 Fiance(e) Visa Process & ProceduresGetting Married before K-1 is approved

hello everyone! I hope someone can give me an expert opinion on this one on how to proceed. we have applied for k-1 visa almost 8 months ago and after waiting for months and months and months...we finally decided to have a church wedding in the philippines for religious and cultural reasons. After all wedding plans have been finalized (I'm getting married in June 4), the NOA2 arrives! Isn't that ironic? The thing you've been waiting for finally gets here and you don't know what to do with it now!


If having a church wedding does not make you legally married in the Philippines, then you can go ahead with your ceremony. Just don't file any paperwork and avoid using terms like wedding, husband, wife. Some countries require paperwork to be filed before you are legally married, other countries a simple meeting of families makes you legally married. You will need to know what Philippine law on this is before proceeding. People have "engagement ceremonies" all the time in the beneficiary's home country before the beneficiary moves to the US and enters on a K1.


So my question is, is there a way to convert k-1 to k-3? if not should I just ignore this k-1 application and start I-130 after we get married? or will my k-1 visa somehow conflict and slow down my I-130 application?


No. There is no way to convert; plus the K3 is a dead visa type in practice. If you were withdraw your K1 and refile for CR-1, you go back to the start, which means more waiting. The waiting you have done up until this point will have been for naught.
Ryan HMaleChina2011-04-16 23:40:00
K-1 Fiance(e) Visa Process & ProceduresService Center Address???

I am getting together my K1 packet as we speak. After reviewing the sample cover letter, I have a question. The address to my service center? I live in Ohio and after research, it looks like my processing center is California, however the guide says I need to send the packet to the Dallas lockbox? Can someone clarify for me? I appreciate the help! Thanks!


Use the Dallas lockbox address.
Ryan HMaleChina2011-04-22 18:25:00
K-1 Fiance(e) Visa Process & ProceduresGetting started

I think what another poster was trying to say is that because you are living together in S. Korea (assuming you have S. Korean legal residency), if you were to marry there, you would be eligible to file for a CR1 using Direct Consular Filing (DCF).


Were you referencing my post about where the OP's significant could interview? I was not talking about DCF, other posters have described that process well.

I made my post about interview location because another poster stated to the OP that his significant other could only interview in her home country which is not the case if she has legal status in another country.

OP: Since your GF has legal status in Korea, as long as she still has that legal status at the time of the interview, she can interview there regardless of the route you take (K1 or CR-1).
Ryan HMaleChina2011-04-23 10:48:00
K-1 Fiance(e) Visa Process & ProceduresGetting started

should we do it in Korea or should she go back to Japan



She should go back to Japan if this is her home while waiting for the petition to be approved and have her interview in home country.


If she is legally residing Korea along with you, she can interview in Korea, she does not have to go back to Japan.
Ryan HMaleChina2011-04-22 19:09:00
K-1 Fiance(e) Visa Process & ProceduresCandle for love site
The CFL site is still active, unfortunately, there is has been a recent and unknown issue with the hosting server. If you registered prior to April 18th, you should still be able sign in. But if you didn't, then you won't be able to register or see content until the technical issue with the host server is solved.
Ryan HMaleChina2011-04-23 19:12:00
K-1 Fiance(e) Visa Process & ProceduresFianc'ee in a war zone. can I do something to expedite
Call USCIS and explain the situation. I don't know if they will expedite or not.
Ryan HMaleChina2011-04-24 10:57:00
K-1 Fiance(e) Visa Process & ProceduresMet While Separated-What To Do
I believe USCIS will not care if she was separated or not at the time of your meeting in person when it comes to the "having met in-person" requirement.

As for what VO's at the Embassy in Kiev might think, that may be a different story. Especially if your only meeting in-person before filing was while she was separated. People who have had cases go through the Embassy in Kiev can give you the feedback you need on this issue.

Edited by Ryan H, 25 April 2011 - 09:38 PM.

Ryan HMaleChina2011-04-25 21:37:00
K-1 Fiance(e) Visa Process & ProceduresEmbarassing... have a question re: criminal record

I am the U.S. Citizens. I didn't avoid this question on purpose. I answered the question as posed truthfully and quite frankly the legal problem was so long ago that I didn't even remember it. I did call USCIS and was told that it is up to the adjudicator on my case. If I wanted to clear this up, I can make an infopass appoint. What do you guys think?


Was your record expunged or sealed? If so, then by law your are allowed to treat it as if it never happened and you would not be considered untruthful for not disclosing.
Ryan HMaleChina2011-04-25 21:43:00
K-1 Fiance(e) Visa Process & ProceduresK-1 interview London Question!!
If he hasn't already done so, call the establishment in question and find out their exact opening time given there is conflicting information as to what their opening time is.

If it turns out that the establishment opens at 0830, then he will have to leave it at home.

Edited by Ryan H, 25 April 2011 - 09:32 PM.

Ryan HMaleChina2011-04-25 21:31:00
K-1 Fiance(e) Visa Process & Procedurescan applicant join the interview?

hi: my fiance , who is a indonesian will have K-1 Visa interview soon, but can I join her during the interview?

thank you


While you can accompany your fiance to the Embassy for the interview, only your fiance will be admitted to the area where the interview will be conducted.
Ryan HMaleChina2011-04-27 21:55:00
K-1 Fiance(e) Visa Process & ProceduresNewbie questions

My fiance has a child, but we are not soliciting a visa for her at this point as she lives with her mother. The form asks to list all children; will this be an issue for us?


Will not be an issue.



My fiance speaks English, but is not completely fluent. I am having the letter of intent translated but was wondering if the G-325A needs to be translated as well...he understands enough to fill out this form on him own.

Thanks for any advice available!!


What country is your fiance from? I'm not sure I understand what you are saying regarding G-325A and translation. If I'm reading what you wrote correctly, he understands English enough to fill it out on his own in English?
Ryan HMaleChina2011-04-27 21:44:00
K-1 Fiance(e) Visa Process & ProceduresBrand New here-Questions!
OP: If you and your boyfriend were to get married first while you were in the US, you could then file for Adjustment of Status (AOS) to Lawful Permanent Resident (LPR). The form I-130 and form I-485 are required for AOS. Once the AOS process begins, you could not leave without Advanced Parole (AP).
Ryan HMaleChina2011-04-27 22:37:00
K-1 Fiance(e) Visa Process & ProceduresWe Got Engaged on Her Visit

whats a CR-1


It's a spousal visa issued when the petitioner and beneficiary have been married for less than 2 years. The CR stands for Conditional Resident.

Additionally, 90 days before the expiration of the 2 year condiitonal green card; holders file for removal of conditions and once removal of conditions is granted, the person is issued a 10 year green card.
Ryan HMaleChina2011-04-25 13:25:00
K-1 Fiance(e) Visa Process & ProceduresWe Got Engaged on Her Visit
The purpose of an I-129F is for people who have gotten engaged but not married.

As NigeriaorBust said, as long as it does not look too much like a traditional wedding ceremony, then it should not cause any difficulty.
Ryan HMaleChina2011-04-24 15:53:00
K-1 Fiance(e) Visa Process & ProceduresPostal vs. Street address

So basically use the PO Box for everything and don't mention the home address on anything but the G-325A (since I've had the PO Box for less than the 5 years mentioned.) Correct?


For a G-325A, that would fall under the category of it being specifically necessary to put my street address. Only use street address for G-325A.
Ryan HMaleChina2011-04-28 17:33:00
K-1 Fiance(e) Visa Process & ProceduresPostal vs. Street address

If we CAN get our mail delivered to the PO Box, should we enter this as our address on ALL the forms (except if it specifically asks for a street address)?


Since I have all important mail directed to my PO Box, that's the address I used on any and all forms when asked unless it was specifically necessary to use my street address. An example of this would be where it asks for the address where the person you are petitioning for intends to live.
Ryan HMaleChina2011-04-28 17:20:00
K-1 Fiance(e) Visa Process & ProceduresRFE-Affidavits from friends?

I am wondering if it would be helpful to have my girlfriends write a brief statement as to their knowledge of the relationship, or if that is a waste of time. If anyone can give me some advice on this, that would be great. Thank you!


IMO, it would be helpful. Have them write the statements.
Ryan HMaleChina2011-04-30 19:35:00
K-1 Fiance(e) Visa Process & Proceduresk-1 questions

thank you, how long after you were married till you were able start working?


If you go the K1 route, after you two get married, your spouse will file for Adjustment of Status (AOS). When filing for AOS, he would also file for the Employment Authorization Document (EAD) that will allow him to work while the AOS is pending. The EAD is usually sent a few weeks after it is applied for, others who have applied for and received this document can give a better timeframe.

He can work right away if you go the CR-1 route as the green card is issued on arrival in the form of a I-551 stamp. The actual card would arrive in a few weeks.
Ryan HMaleChina2011-04-25 23:15:00
K-1 Fiance(e) Visa Process & Proceduresk-1 questions
My answers in bold:

1. which docs can be photo copies and which ones have to be originals (i.e. Original Statement, g-325a, etc.) Copies are OK unless original is specifically asked for.
2. can i be living in costa rica while we are doing this process? we really dont want to be separated any longer, so im thinking of moving back. You can, however, you must be able to show US domicile
3. in regards to the processing times, if it says 5months does that imply 5mo till he can come to the states or 5mos till interview or 5mos till they review the first set of docs? 5 months from NOA1 to NOA2, there is at least 1-2 months from NOA2 to interview, perhaps more if you go the CR-1 route because processing at the NVC is involved
4. my mother is allowed to be the affidavit of support, right? If she meets the income requirement, 125% of the Federal Poverty Line
5. in regards to the question of whether or not the fiance has been to the states, if they have only been to an airport intransit to another country do we say no he has not been to the states? You would say yes, he has been, even if it was just in-transit to other country
6. why do they ask for the fiance's social security number? isnt it obvious that they dont have one?? should we just leave it blank or put n/a? you would write "none" for that block
7. the only proof of our relationship we have are photos and email correspondence. is this going to be enough or is there more we could gather? we havnt merged financially (cant get a bank to give us a joint account unless we are both there in person) and we dont own anything together... Go with what you have, if you get married, add him to what you are able to.


Edited by Ryan H, 25 April 2011 - 10:02 PM.

Ryan HMaleChina2011-04-25 21:57:00
K-1 Fiance(e) Visa Process & ProceduresG-325 versus G-325A

HI!

I vaguely remember this but I think the one with the A is the one you can fill out online.
Please confirm this through other sources!


Both forms (G-325 and G-325A) can both be filled in online.
Ryan HMaleChina2011-05-01 14:06:00
K-1 Fiance(e) Visa Process & ProceduresG-325 versus G-325A
I looked at both forms and I cannot see a difference between the two. With that being said, I would say it's 50/50 you will get an RFE. Prepare the G-325A just in case, that way, if you do get an RFE for it, you can respond to it right away.
Ryan HMaleChina2011-05-01 11:05:00
K-1 Fiance(e) Visa Process & Proceduresmy permanent resident cart will expire, how to renew?
This guide explains what you need to do.
Ryan HMaleChina2011-04-30 19:32:00
K-1 Fiance(e) Visa Process & ProceduresNew to the K-1 Visa

Ok. Thanks everyone! Oh.. and another quick question.
What language is the interview in? Is it in the fiance's native tongue? He speaks very basic English so I hope it in Spanish..


He will be given a choice. If he wants to interview in Spanish, that option will be available to him.

Edited by Ryan H, 29 April 2011 - 09:06 PM.

Ryan HMaleChina2011-04-29 21:04:00
K-1 Fiance(e) Visa Process & ProceduresPossibility of more than 1 K1 for the same Fiance?

1. If she is granted a first K1 with my being the petitioner, and we decide NOT to get married yet and she returns back to the Philippines, would a second K1 be possible, more or less probable in the future?
2. Since she has a sister who lives here, if my fiancée lives up to her obligations and does not overstay her K1, would it be more probable that her sister could succeed in bringing her here for a family visa?


#1: Not probable
#2: Would take many years

Tyeger87, Thanks. It is my understanding that a visitor visa is all but impossible for her. Do you think that is true? her Sister who lives here as a perm resident, has applied several time for her as a visitor and family. so, yes it would be sensible IF she could get a visitor/tourist visa. But can it be done?


She can get a visitor visa if she can show strong ties to the Philippines.
Ryan HMaleChina2011-04-30 16:45:00
K-1 Fiance(e) Visa Process & Proceduresk-1 visa

ok thanks, but does this also mean his embassy in his own country as well? I know the US embassy is involved, but I just want to make sure none of the embassy's of his country are involved.


There would not be an Embassy for his country IN his country. An Embassy is the main overseas diplomatic mission of one country in another country. They are usually located in the host country's capital city (there are some exceptions). Consulates are then placed in other cities of the host country.

His government would have to issue him a passport that would allow for international travel.

As far as visa issuing decions the US Government makes:

Foreign governments and foreign diplomatic officials in the US have no say in visa issuing decisions the US makes. Issuance of visas to the US is the strict purview of the State Department.


Ryan HMaleChina2011-05-06 18:34:00
K-1 Fiance(e) Visa Process & Proceduresk-1 visa

Example: Myanmar embassy and United States Embassy. Person from Myanmar is coming here on a K-1 visa. Does Myanmar embassy have to do anything in the K-1 process?


Let's see if I have this correct, you are asking if the Embassy of Myanmar in the United States has any say in the K1 process? The answer to that would be no. Foreign governments and foreign diplomatic officials in the US have no say in visa issuing decisions the US makes. Issuance of visas to the US is the strict purview of the State Department.
Ryan HMaleChina2011-05-06 17:52:00
K-1 Fiance(e) Visa Process & Proceduresbeneficiary is never married mother

Will documentation of custody of minor child be required ?


Yes.

Father of oldest 2 children is in US illegally.

anyone see a problem arising here ??


To answer your question, yes. The biggest red flag being the biological father is in the US and does not have legal status. If VO's at the Embassy in Lima are aware of the status (or lack thereof) of the biological father of the beneficiary's kids, they may start thinking fraud.

Edited by Ryan H, 24 April 2011 - 11:58 AM.

Ryan HMaleChina2011-04-24 11:57:00
K-1 Fiance(e) Visa Process & ProceduresGetting Married Before Entering US on a K-1

Assuming everything goes through fine, the Visa is issued, I was wondering if it is possible for us to get married in the UK, prior to him entering the country with the K-1 Visa.


If you want him to be able to enter the US on a K1, then it's not possible.

If your heart is set on marrying in the UK then you can do that, first cancel the K-1 then apply for the CR-1 once you are married.


If you cancel the K1 and apply for a CR-1 after getting married, you go back to the start. The fees you have paid will not be refunded and the waiting you have done so far will have been for naught.
Ryan HMaleChina2011-05-05 17:30:00
K-1 Fiance(e) Visa Process & Procedures; what if I-129f gets denied?
If the USCIS was going to deny the petition, they would send the petitioner a Notice of Intent to Deny (NOID).

IF that were to happen, the petitioner would need to respond to it with any and all evidence of your relationship. Failure to respond to a NOID would not be solved by getting married and filing a new petition.
Ryan HMaleChina2011-05-07 09:47:00
K-1 Fiance(e) Visa Process & ProceduresPregnant during process

I believe I read some where that you can expedite the petition for a pregnancy.



Really? You can actually expedite?



While you can ask, I don't believe you can expedite for a pregnancy.
Ryan HMaleChina2011-05-08 11:55:00
K-1 Fiance(e) Visa Process & Proceduresk1 visa
5 months from submission of the petition to NOA2 is the posted time by USCIS.

After NOA2, the file has to be shipped to the Embassy or Consulate via the NVC which can vary.

A reasonable ballpark figure is 7-9 months from submission of petition to issuance of visa.
Ryan HMaleChina2011-05-09 11:11:00
K-1 Fiance(e) Visa Process & ProceduresU.S citizenship proof
I don't think notarization is necessary for that.

If you want to get something notarized while out of the country make an appointment at a US Embassy or Consulate.
Ryan HMaleChina2011-05-12 18:31:00
K-1 Fiance(e) Visa Process & ProceduresK1 after overstay and denial of entry

we have now started to discuss a) How do we now see each other and b) Should we consider getting engaged and going down the K1 visa route and if so, is it still eligible?


Answer to a): She visits you in Australia or you get a B2 (tourist visa) to come here.
Answer to b): If you decide to get engaged, refusal of entry on the VWP or refusal of a tourist visa will have no affect on eligibility to go the K1 path. Just be prepared to answer questions about it should it come up.
Ryan HMaleChina2011-05-09 12:03:00
K-1 Fiance(e) Visa Process & Procedurespetition form **i am so confused**

You can get a matrimonio religioso if you want (that does not count as far as the government is concerned), the one that counts is the matrimonio civil and that is the one that you should not do if you want to go the K-1 route. If you do el civil, then you would need to do a K-3. I might be wrong, but it seems to me that a K-3 takes longer.


K3 is an obsolete visa type in practice (even though it's still on the books). If the OP were to legally marry in Mexico (matrimonio civil), then the visa type they would pursue is the CR-1. Posted processing times for K1 and CR-1 by USCIS from NOA1 to NOA2 are the same (5 months). CR-1 visa involves processing at the NVC; for K1, the NVC is a mail stop as the file makes its way to the appropriate Embassy or Consulate.
Ryan HMaleChina2011-05-15 10:27:00
K-1 Fiance(e) Visa Process & Procedurespetition form **i am so confused**
The requirement is that you have met in person at least once within the last two years of the date of the petition, NOT be in a relationship for two years.

I think you are talking about the letter both of you write that say it is your intention to marry each other within 90 days of arriving in the US on a K1 visa. If those are not included, an RFE for them will be generated.

If the petition fee was not included with the paperwork, it will be sent back to the sender.
Ryan HMaleChina2011-05-15 09:19:00
K-1 Fiance(e) Visa Process & ProceduresK1; Anyone that has been through this please help!!!

hi ryan i forgot to specify that i will be adding a cosponsor (my father) since i do not meet the 125% poverty guidelines.


You and your father will both fill out the form I-134.

I have heard that some Embassies/Consulates do not accept co-sponsors. I don't know if Ciudad Juarez is one of them, you will need a CDJ specific answer in that regard.

Edited by Ryan H, 06 May 2011 - 07:29 PM.

Ryan HMaleChina2011-05-06 19:28:00