ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Case Filing and Progress ReportsJuly '08 filers
QUOTE (moonhunt @ Jul 24 2008, 05:40 PM) <{POST_SNAPBACK}>
QUOTE (Aubrey @ Jul 13 2008, 11:34 PM) <{POST_SNAPBACK}>
Sorry for the double post, but I checked my return receipt again today and apparently the mail "arrived at the unit" today... Sunday of all days! Just a sigh of relief that my package is not lost. Now I just have to wait for the check to be cashed.

Phew. 10 days for 1st class mail is pretty sad.


Next time when you send this kind of thing, you can use USPS priority mail with flat rate envelope service.
You can add delivery confirmation without additional charge.
It will deliver things in 2 days, and the cost is not that expensive.
Best of all, you can put whatever paperworks to flat rate envelope since it is flat rate. ^^
I think it cost around $5 or $6 something like that.

Considering certifated mail cost plus return receipt, I think priority flat rate envelope does make sense to me.


Well, I've never had 1st class mail take so long to be delivered (max I've had is 5 days). The mail clerk recommended certified mail and it made sense to me due to the sensitive information enclosed. The only thing I'd do different is make sure it was priority mailed and not just 1st class, and I will when I mail anything to USCIS next time.

Return receipt is also worth it because it provides me proof that it wasn't just delivered but also picked up. If USCIS claims to not have it I can show them that they do with the signature. tongue.gif

Edited by Aubrey, 24 July 2008 - 08:05 PM.

AubreyFemaleGermany2008-07-24 20:05:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsJuly '08 filers
I definitely wouldn't let these delays keep you from travel. Even when our checks are cashed, it shouldn't require anything from us but more waiting for months... so go enjoy your travels and keep your minds off of it if you can.

I'm still hoping with all of you that we see some activity on our cases soon. Cash my check, please! smile.gif smile.gif I never wanted money taken from me so badly.
AubreyFemaleGermany2008-07-24 14:11:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsJuly '08 filers
QUOTE (kenny+Ugochi @ Jul 22 2008, 07:34 PM) <{POST_SNAPBACK}>
Hey guys maybe this will be usefull at least, i read the statement below on this forum (this maybe the reason for NOA1 delays: unsure.gif

Now here is how this touches us. According to my co-worker, regardless of whether or not your H1B petition was filed on time, come July 31, the USCIS puts all H1Bs aside and will not process nor even look at a single H1B until next April. According to my calendar, it is July 15, only 16 more days for H1Bs to be processed. I am taking a guess here, but I would imagine that the H1Bs have been taking up over 80% of the officers at the VSC and come Aug 1, I suspect to see a massive realignment of work priorities and with a little luck, those I-130s/K3s will start getting pushed on out the door.



Hm, I wonder if that's the case. Either way, that's pretty crummy for us. June filers don't seem to be experiencing this slow down; I'm not understanding why it started for us July filers. I guess I will continue my grumbling and pouting about it!
AubreyFemaleGermany2008-07-23 00:05:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsJuly '08 filers
Sorry for the double post, but I checked my return receipt again today and apparently the mail "arrived at the unit" today... Sunday of all days! Just a sigh of relief that my package is not lost. Now I just have to wait for the check to be cashed.

Phew. 10 days for 1st class mail is pretty sad.
AubreyFemaleGermany2008-07-13 23:34:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsJuly '08 filers
QUOTE (My Mohammed @ Jul 13 2008, 02:20 AM) <{POST_SNAPBACK}>
Hello,

Mine left for Vermont on 7/10 and it's suppose to get there 7/14, tomorrow. I am scared and keep checking to see if they sent it early as it's already in Vermont. sad.gif

I'm going to be a nervous wreck this entire time. It's hard to know someone other than yourself, can rip your world apart, when you know you found the love of your life. I wish process was easier and faster, but not putting our countries security at risk. Good luck to us all.


Jolie



Welcome to our growing group of July filers. smile.gif I totally understand about being nervous. Hopefully we can all provide the support we need to get through these trying days ahead.

How did you send your package that you know it's supposed to arrive there on Monday? I mailed mine last Thursday certified mail with electronic return receipt and it still tells me it's not there. I am going to the post office tomorrow to find out what the heck is going on. I mailed a letter to Germany the same day and it arrived in 5 days... how can my package not be in California!? I'm particularly nervous because my fiancé and I have already had 2 letters "lost" in the mail - one from each direction.

Anyone getting their NOA1 yet? I hope you're having more luck than me so far!
AubreyFemaleGermany2008-07-13 09:45:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsJuly '08 filers
Checked last night and my packet hasn't been signed for yet. =/ I hope it gets there soon!

A couple people have posted and haven't started filling in your timelines yet. Let's get these done so we can better track each other's progress. biggrin.gif
AubreyFemaleGermany2008-07-10 11:27:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsJuly '08 filers
QUOTE (2plus2is5 @ Jul 4 2008, 01:15 AM) <{POST_SNAPBACK}>
...just sent ours out as well couple a days ago...we all just have to sit back and try not to get over anxious
as long as your intent is true to your fiance(e) and to yourself...

Best regards to all good.gif


Awesome, let's see who else we can round up this month! smile.gif
AubreyFemaleGermany2008-07-04 09:59:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsJuly '08 filers
My fiancé and I just mailed off our package today to the California Service Center. Who else is filing this month? I'd love to hear from you!

I'm a nervous nelly as we're headed out of town for several weeks so he can meet my parents. I mailed the package certified/return receipt so I can check that they received it. I guess I will just keep anxiously checking to see if they cash my check while I'm away!
AubreyFemaleGermany2008-07-03 22:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSo I think I've screwed up...
QUOTE (ocelittle @ Aug 27 2008, 04:06 PM) <{POST_SNAPBACK}>
Thanks for the replies everyone.

How long are the visits that you're able to have? I've been building for this all year so I don't really need more time for belongings and whatnot. It would really be a slow, long wait, considering we've been waiting for this for the last 8 months.

This is a very bad day. I'm actually debating whether or not I should move back to Canada. This job isn't worth the stress that more long distance will put on us.


The VWP allows for up to 90 day visits. You'll need a significant break between visits of any length to avoid raising suspicions, and your SO will need lots of proof of ties to her home country for the best chance of being granted the I-94 instead of being denied entry. She has to be living more in her home country than here in the US.

I don't know your status, but I'm assuming your have dual citizenship? From what I understand, you have to be an American citizen to sponsor a K visa. Also, if you want to return to the US at some later time, you could go back to Canada and sponsor your spouse via DCF after establishing residency there for 6 months.
AubreyFemaleGermany2008-08-27 18:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSo I think I've screwed up...
Well, I hate to say it that your options sound pretty on the money. Many of us here on VJ are suffering with the USCIS's slow processing of visas and separation from loved ones. Calls and visits help, and really there isn't much more that can be done to expedite a case except in unusual/extreme circumstances (military deployment, for ex). Since you already paid for the wedding, I'd personally recommend you go ahead and go through with it. Then you apply for a K3 visa and make the best of the waiting game with visits.

Best wishes and congratulations on your wedding. Hang in there!
AubreyFemaleGermany2008-08-27 17:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow Often Do You Disagree or Quarrel With Your Love One?
Seems this thread might be in the wrong area... sorry, I'm not a CR-1/IR-1 person, but the topic interested me.

My fiancé and I definitely disagree more since the whole process with immigration began. It's stressful enough being apart without worrying about how and when paperwork and appointments are getting finished without me. I'm a stressed out nut watching him go through so much alone. I just hate it and it makes me far less pleasant to deal with. tongue.gif I'm lucky he's such an amazing man to put up with this!

Edited by Aubrey, 18 June 2008 - 11:07 AM.

AubreyFemaleGermany2008-06-18 11:06:00
IR-1 / CR-1 Spouse Visa Process & Procedureswhich picture???????
I remember reading somewhere on the uscis website that pictures with the hair covered is okay to submit if it's required by one's cultural practice. I'd recommend you do a search on their site for the picture guidelines just to double check, though.
AubreyFemaleGermany2008-06-18 07:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-1 V. DCF opinions plz...
The requirement for DCF typically is living in the consulate's district for 6 months as a resident. Have you been an official resident since January? If so, you're almost at the 6 months you'd need and I'd recommend going the DCF route.
AubreyFemaleGermany2008-06-21 22:42:00
K-1 Fiance(e) Visa Process & ProceduresDivorce certificate??
I'm assembling the docs for my packet... this thread made me question myself. I was going to submit a photocopy of my multi-page divorce decree. Is that acceptable? Or do I need to order a certified divorce certificate? They're apparently different things, at least here in Idaho. I'm so confused now.
AubreyFemaleGermany2008-06-22 23:27:00
K-1 Fiance(e) Visa Process & ProceduresTexas or Vermont ???
QUOTE (Craig & Julia @ Jul 3 2008, 08:48 PM) <{POST_SNAPBACK}>
TSC isnt doing K1


If you check the I-129F instructions, it will indicate which office to mail your package to based on the state you live in. smile.gif And that has to be either Vermont or California.

Edited by Aubrey, 03 July 2008 - 10:51 PM.

AubreyFemaleGermany2008-07-03 22:50:00
K-1 Fiance(e) Visa Process & Proceduresworried about rfe for divorce papers
You're required to send in a photocopy of an original. Ie, the sort that's official/registered with the proper authorities -- the same sort you need if applying for a passport with your birth certificate, or if you're adding a spouse to insurance with your marriage certificate, etc. The copy itself does not have to be certified; a regular photocopy is fine.

I googled, and it looks like wowswift is right -- there's no substitute for the divorce decree in Texas. Bummer to waste 50 pages of paper. sad.gif
AubreyFemaleGermany2008-07-22 18:15:00
K-1 Fiance(e) Visa Process & Proceduresworried about rfe for divorce papers
Your fiancé can always request a divorce certificate from the county the divorce took place in. If he's not in the same town anymore, many states allow you to do so online. I got my birth certificate this way (the county records, including divorce certificates, were all available) - and I found the right site with a simple Google search.

As for the name change, your fiancé will need to show proof of name change - so this could be done with a marriage certificate showing the first name change and also the divorce decree or certificate that shows the legal changes. I'm pretty sure it explains this in the guides here if I remember correctly. Have you read over them? They're really great.

Best of luck to you on your journey!
AubreyFemaleGermany2008-07-22 13:13:00
K-1 Fiance(e) Visa Process & Procedurespassport pic
Also... don't wear a white shirt. My fiancé had to go back home and get a different shirt because it gave him a floating head appearance. blink.gif

Edited by Aubrey, 30 July 2008 - 02:13 PM.

AubreyFemaleGermany2008-07-30 14:12:00
K-1 Fiance(e) Visa Process & ProceduresFiancee Visa to Germany
I don't have the link, but my SO and I read up on this awhile back. If one of you is a German citizen, you can go on a travel visa (or the visa waiver program if it applies to your country), go to the Standesamt and create a request to marry, get married there, and apply for residency at the Auslaenderamt. They don't have fiancé visas. Residency is pretty simple and should only take a few days as long as the German citizen has proof of where they live in Germany and income.
AubreyFemaleGermany2008-08-19 03:29:00
K-1 Fiance(e) Visa Process & ProceduresSupport Needed!
The waiting game is tough for everyone, so you're not alone! You're new to the board, so you probably haven't found the July '08 K1 filers thread. The more the merrier. If you get bored or lonely, you can read my own griping about the waiting process in that thread. whistling.gif Or you can post other happy things, or whatever else you need to get through the waiting game with us.

It's a long wait, but you don't have to go through it alone.
AubreyFemaleGermany2008-09-06 16:12:00
K-1 Fiance(e) Visa Process & ProceduresK1, and might get married overseas first?
My sister married an Indian and opted to have an engagement ceremony in India (not the wedding), since they have a pretty elaborate custom for it. Have you considered this as an alternative? Like others have posted, you can't get legally married in India and then use a K1, and you still increase your risk of denial if you have an "unofficial" ceremony - it can make it murky for proving you're not actually married.
AubreyFemaleGermany2008-09-23 23:35:00
K-1 Fiance(e) Visa Process & ProceduresPOE/Proof of Ties/SFO
QUOTE (Ume @ Aug 1 2008, 06:47 AM) <{POST_SNAPBACK}>
Hi everyone star_smile.gif

My K1 petition is pending; we only received NOA1, and he is tired of waiting.
So I decided to have a vacation and bought flight tickets to visit US. However, my situation is a little different since I'm only 24 years old and I'm the mother of the house.

I came back to Japan last September after my OPT has expired and a week after that, my mother started her new job and needed to be really into it to have a good salary. I've been staying home, doing all the house chores, and also I grow rice and vegetables just enough for my family(I live in the countryside.)

I don't know what I should say if the officer at POE asks me what my job is.
I do belong to a temp agency and they given me lots of offers, but I couldn't take it because I was busy enough with chores and some labor.
I don't know if most officers take my "work" as "a job."

Would someone please advise me on this and if I'm missing something to be prepared as much as I could?
Have anyone had similar situation at SFO? (meaning visit fiance while the petition is pending.)
What did they ask you?


Left US~September 2007
Visited US~Jan.2008~Apr.2008(2.5months) Said "Sight seeing" to a grumpy offier at LAX. Had no problem.
Visiting US~Ang.2008~Nov.2008(2.5months) Going through SFO

Proof of ties~Return Ticket(E-ticket):Proof of residece w/ translation:Letter from Temp agancy that states I'm one of their temps(doesn't say I have a job.)in Japanese:Temp staff card: Letter from my fiancee saying he supports my visit financially:Some K1 Papers: Info of my attorney(I don't know if this helps...):Phone bill(I've been paying for 7 years)

Please help me helpsmilie.gif


My SO came to visit me and had trouble at POE (thankfully made it through). They didn't care about the return ticket. They really didn't like that I was paying for his stay and that I paid for his plane ticket (it shows in their database). It didn't help us that he'd visited before, either. It took a lot of questioning and calling me to convince the officer that he was going home in the end.

Since your temp agency thing doesn't say you have a job, I'd bring with you a bank statement showing funds, assuming you have them, and a lease in your name for housing. Anything showing you've got obligations to your home country. I'm not convinced that what you listed will be adequate proof. unsure.gif

Best of luck!
AubreyFemaleGermany2008-08-01 11:44:00
K-1 Fiance(e) Visa Process & Proceduresaffidavit of support
QUOTE
Should K-1 fiancé(e) visa applicants use the I-864 or the I-134?

Since fiancé(e)s are nonimmigrant visa applicants, they should use the I-134. They will need to submit an I-864 to U.S. Citizenship and Immigration Services (USCIS) when they adjust status to conditional immigrant in the United States after they are married.


From: http://travel.state....2994.html#Forms
AubreyFemaleGermany2008-10-20 20:36:00
K-1 Fiance(e) Visa Process & ProceduresA possible shortcut around all of this nonsense??????
QUOTE (zhongyuan34 @ Oct 25 2008, 07:48 PM) <{POST_SNAPBACK}>
Calling the legally knowledgeable...I don't know why I didn't think about this before. But wouldn't a student visa to study English followed by a marriage in the States be a quick shortcut around all of this nonsense??? I have in fact taught plenty of students in the past who easily got visas to study in the States. She applies for one of these non-degree English programs and gets a visa in a couple of months. (We have the means to make this happen.) While here, we get married, and do an end-around around the ABSURDITY of the constantly changing time frames of the G. Anybody see a reason that wouldn't work?


My SO and I were going to do this route (started the student thing prior to our engagement, though), but it's hairy. Your SO will have to prove she can support herself financially for the year and have strong ties to home in order to even qualify for the visa. You're talking tuition+living expenses, and to get a student visa, it will more than likely HAVE to be a degree program. They'll ask her a ton of questions about why she wants to study in the USA instead of her home country, and so on. Ours fell through because he didn't have the money to prove he could support himself with out of state tuition costs.

Not to mention, you have to apply in advance to get a student visa (get accepted into the program, and it can take months to get your student visa approved).

I don't think this is as much of a shortcut as you think. And then there's the whole visa fraud problem. If they realize that, you've got a ban to worry about.

Sorry for the bummer news.
AubreyFemaleGermany2008-10-25 22:47:00
K-1 Fiance(e) Visa Process & Proceduresi need help with the affidavit of support
QUOTE (Jaynelle @ Oct 26 2008, 07:34 PM) <{POST_SNAPBACK}>
Hi! I am using a co-sponsor for my petition which is my dad. I am now ready to file everything and send the needed documents to my fiance. Do i have to fill up affidavit of support too even though i dont have any incomes yet or does my father's affidavit of support will do?
Thanks


You both have to fill out the affidavits and the supporting doc's it requests.
AubreyFemaleGermany2008-10-26 22:24:00
K-1 Fiance(e) Visa Process & ProceduresI 134 vs I 864
I-134 is used for your SO's visit to the embassy.

I-864 is used when your SO adjusts status to permanent residency.

Good luck on your journey.
AubreyFemaleGermany2008-10-29 19:18:00
K-1 Fiance(e) Visa Process & ProceduresWhy would my I-129 be in CUSTOMS???
That sucks, I'm so sorry. I've definitely found the post office can be horribly unreliable. My package took 1 1/2 weeks from Idaho to Calfornia -- not like your ordeal, but still pretty sad when they said it'd take 3 days. I've also had multiple letters disappear between here and my SO in Germany (both directions).

I would be more concerned about your SSN and personal information being viewed since the package was probably opened and rummaged through in customs. You might want to do a security alert to the 3 credit agencies. Just a thought.
AubreyFemaleGermany2008-10-30 23:47:00
K-1 Fiance(e) Visa Process & ProceduresHealth Insurance for Fiance?
I was jobless awhile, and needed an individual plan. They're expensive, unless you get a minimal coverage plan. I found one through Blue Cross Blue Shield (google them +individual plans). It was $60/month for a $1000 deductable, and the first 3 visits to doctors were co-pays (I think $25). The rest was deductable, then pay 20%. Not worth risking being uncovered when plans come so cheap. You'll be glad if you end up in the hospital with a big bill.

When you lose your coverage, you should pick up insurance within a 30 day window, if possible. Otherwise you may be subject to pre-existing condition issues for up to a year... even if you don't have one, they often deny people legit items claiming they're pre-existing.
AubreyFemaleGermany2008-11-07 23:19:00
K-1 Fiance(e) Visa Process & ProceduresIs that NOA2 form?
QUOTE (CraigCam @ Nov 26 2008, 03:02 PM) <{POST_SNAPBACK}>
That is actually the letter that comes after the NOA2. When USCIS approves your petition they are supposed to notify you with a NOA2 and then send the petition to NVC. NVC sent you the letter to let you know that they received the approved petition and will forward it to the Embassy.

I'm not sure why you haven't received an NOA2 yet, maybe lost in the mail, but the good news is that your petition has been approved and is on it's way to the Embassy. Start organizing your evidence and preparing for the interview.

Good luck!



In addition to that... if you haven't received NOA2 yet, you probably should call USCIS and let them know. You need a copy of it for AOS, and if they think it's your fault, they charge you several hundred bucks to replace it.
AubreyFemaleGermany2008-11-26 19:19:00
K-1 Fiance(e) Visa Process & ProceduresNorth West Airlines Baggage Concern
QUOTE (msu17 @ Nov 29 2008, 09:54 PM) <{POST_SNAPBACK}>
QUOTE (Eric & Althea @ Nov 30 2008, 12:06 AM) <{POST_SNAPBACK}>
QUOTE (Confucian @ Nov 30 2008, 10:30 AM) <{POST_SNAPBACK}>
Don't forget that besides your check-in luggage, you can also carry onto the airplane both (1) a duffel bag and (2) a backpack.


Oh really? That is great! Thanks for the infos!


Yup, that's what my husband did. He had one huge suitcase and then his laptop bag and a big duffel stuffed with stuff. But he's a boy and has much less smile.gif I brought that amount when I stayed with him for a summer hehe! He also saved a lot for the next visit and we took a few empty suitcases with us and both brought a load back with us. Don't know if that would be an option for you but it worked pretty well for us.


You're technically allowed 1 carry-on and 1 "personal item" (laptop, purse, etc -- their website spells it out in detail, they mean something small- not a huge backpack). Airlines are getting more strict with this, so don't push your luck or you could be looking at a hefty fee for another checked bag.

If you haven't flown recently, everyone and their dog is carrying stuff on to avoid the baggage fees (which only apply to domestic flights -- N/A if any part of your flight is international), so they have to be strict to have enough room on board.
AubreyFemaleGermany2008-11-30 04:25:00
K-1 Fiance(e) Visa Process & Proceduresthe GDR and a US visa today
I wouldn't worry about it. Your parents affiliation wasn't terrorism or something! That was a long time ago, and the US and Germany have pretty good relations now. Try to think of it that way.

I understand waiting is hard - I'm with you there. But don't let this be an additional burden on your mind. Finding extra things to worry about will just make it harder on you.

I hope you get your approval soon!
AubreyFemaleGermany2008-11-30 13:07:00
K-1 Fiance(e) Visa Process & ProceduresHow do your parents/family take it?
Speaking for my fiancé -- his parents are incredibly supportive, even before they'd met me. I think that it's a matter of circumstances that weighs how parents will react. His parents had never heard him talk about a girl before (even though he'd dated), so I think they realized pretty quickly that this was it for him. My folks (I'm the USC) thought... and likely still do... that I'm insane. They're slowly getting on board, but they still completely overlook what my SO (the non-USC) will give up with his move.

Approaching your parents is rough on such an issue, no matter your circumstances. Bring to the table as much knowledge about your SO, the visa/greencard process, job prospects, etc as you can. It helps to make you look less insane. tongue.gif It also helps ease their worries that you know what you're getting into and how best to tackle problems that will/may arise.

Good luck with your folks!
AubreyFemaleGermany2008-11-28 21:26:00
K-1 Fiance(e) Visa Process & ProceduresElectronic System for Travel Authorization - for VWP applicants
Definitely good information to share. good.gif I just want to point out something so some folks here aren't mislead:

QUOTE
It also means that travellers will know before they leave their country of origin / arrival in the US, that they should be OK for entry (but not guaranteed).


The electronic system is intended as a security measure (e.g. for background and name checks), but you may still be denied entry for various reasons --- particularly important to those here -- such as if they believe you have the intent to immigrate. Be sure to still bring your proof of ties to your home country when traveling to the U.S.!


AubreyFemaleGermany2009-01-08 13:30:00
K-1 Fiance(e) Visa Process & ProceduresWhy the U.S.?
#1 reason: language. I'd bet it's a top reason for many here. I don't speak German.

#2-every other reason: stuff already listed by others. School, experience, car, blah blah. I'm more settled.
AubreyFemaleGermany2009-02-04 23:40:00
K-1 Fiance(e) Visa Process & ProceduresGERMANY TO THE USA
QUOTE (orringroff @ Apr 13 2009, 05:17 PM) <{POST_SNAPBACK}>
Hello, we're new to the forum. We are into the process of getting my German Finance' here to the United States. We have hired an immigration attorney, but we're not given a lot of information other than there's no guarantees that the K1 will be accepted. I understand their position, but it's very frustrating.

I have some alcohol related arrests on my record, we have been told this shouldn't make a difference, has anyone dealt with this?

Also, has anyone else had problems bringing a German wife or husband to the states?

We have visited each other twice and have kept good records of our visits. We literally talk on skype everyday for hours. This is a painful process when you know you have meet your soulmate!

Any advice or words of encouragement are greatly appreciated!


Maybe you've read this before, but an immigration attorney is not necessary for most people in this process. My fiancé and I just completed the K1 process recently with nothing but VJ as our resource. No problems, and it was really not difficult to follow. Read the guides and fill out the paperwork as instructed and you should be fine. Save your money for the filing fees, which are hefty.

Btw, if you read the Frankfurt embassy reviews, you'll notice that they don't seem to ask for any proof at the interview of your relationship. They only asked my fiancé one or two questions and that was it. The stuff in our original submission with our K1 paperwork of having met in person was sufficient.
AubreyFemaleGermany2009-04-23 19:56:00
K-1 Fiance(e) Visa Process & ProceduresHelp me, I am marrying an eu citizen
QUOTE (Jon&Lindsey @ May 10 2009, 05:54 PM) <{POST_SNAPBACK}>
Payxibka is right, she cannot enter the US as a tourist on the VWP (whether married or not) with the intent to stay and adjust status. Slovakia residents do not require a visa for visits (as they use the VWP) but they still need visas for permanent immigration. It is visa fraud to enter on the VWP with intention of staying and adjusting status, not just visiting and leaving before the 90 days stay expires.

Your choices are either to file for a fiance visa (K1) now, which takes about 6-8 months and allows her to enter, marry you in the US within 90 days and then file to adjust status and obtain a green card, or else marry in the US when she visits next, she leaves before her authorized stay expires and you file for a K3 or CR1 spousal visa, which I understand takes a little longer to process, but gives her a green card immediately on entry to the US. Check out the guides for more info on both processes. With the spousal visa, you may be apart a while longer, but she will immediately be able to work when she arrives, vs the K1 may be shorter, but she will have several months of being unable to work and you have the additional AOS process. She should be able to visit you during either visa process, just have her bring proof that she does intend to return to Europe after her visit (eg letter from employer, mortgage/rental agreement etc).


One should point out that there is no set time limit on how long it takes to get a K-1 visa . 6-8 months may be the current average around here, but there are couples waiting longer than a year or more. Don't make any definite plans based on any of the timeline averages here.

The waiting stinks for everyone, and I'm sorry you didn't know to get married and do a direct consular filing before you left the U.K. Welcome to the U.S. again, the land of slow immigration and bureaucracy.
AubreyFemaleGermany2009-05-10 20:11:00
K-1 Fiance(e) Visa Process & ProceduresVisa to go to college or visa for fiancee? which is better?
QUOTE (jeniowl @ Jun 7 2009, 05:24 PM) <{POST_SNAPBACK}>
QUOTE (jeniowl @ Jun 7 2009, 06:06 PM) <{POST_SNAPBACK}>
Hi,
I am engaged to a great Japanese guy, we have been dateing for 6 months! He is in the United states to go to college, and he has decided to change colleges to the one that costs 20,000 $ less. The problem is getting a Visa that can keep him here with me in the United States until he can get accepted into Ivy tech school in Indiana For a Spring semester. It is so exspensive to travel to Japan and back, about $1000 one way! We planned on Marrying after he finnished School, He only has 2 years left, but if we have to sooner, it is okay with us and our parents ( he is the best man ive ever had in my life!). Can anyone suggest anything to me about what type of visa we should persue? Thankyou so much!!! star_smile.gif heart.gif

Right now he is here on a visitors visa because he had given the people at the airport his old I20 form from his other college from last year. So he will have to leave the country, I dont know how to keep him here since hes here on a visitors visa, Any Ideas???


If he came without the intent of staying (and you can prove this with his ties to his home country -- lease, bank accounts, etc), you can get married and adjust status (apply for permanent residency). If this is the case, I would strongly encourage you to do so to avoid a potentially lengthy time apart. It won't matter anymore that he's on a visitor's visa; but I wouldn't recommend waiting until he's overstayed to get married and applying for AOS -- do it asap. You'll need to talk to his school to see how it will affect his enrollment, seeing as he won't be an international student on a visa anymore yet not yet a permanent resident.

Your fiance will be ineligible for a new student visa. In order to get a student visa, one is required to prove that there is intent to return to one's home country. Since that isn't the case with your fiance, he will be denied. Applying for such a visa, when the real intent is to marry, is probably fraud before you even get to the interview.

A fiance visa will allow him to re-enter the U.S. for the purposes of getting married, but tends to take upwards of 8-12 months. He will have to return home for the interview. Many couples on VJ run their luck with visitor's visas and visa waivers during this time apart, but note the possibility of being turned around at POE if you're a frequent visitor and/or cannot prove strong ties to the home country (intent to return).

Regardless of your choices, he's pretty screwed concerning school unless he can remain on the same student visa he was on at his current school.

Good luck. Hope you can legally AOS with a quickie marriage now. It's definitely the best option that I can see for you and your fiance.
AubreyFemaleGermany2009-06-07 21:06:00
K-1 Fiance(e) Visa Process & Procedurestotal $ expense to complete K-1 -
Our K-1 alone cost us about $1000 (including transportation costs to the interview). The AOS fee ($1010) plus mailing fees plus the likely possibility they lose your medical and you have to redo it, etc, removing conditions a year later... I'd say budget for $3000 plus the lost income from your SO not being allowed to work for 3-6 months in the USA, depending on when you get married and file.
AubreyFemaleGermany2009-10-16 21:17:00
K-1 Fiance(e) Visa Process & ProceduresHoneymoon locations in the US
We did a Vegas weddingmoon. Fun place, and something for everyone.

Have you looked into the California wine country? Or a drive up Hwy 1/101 along the coast to the Redwood National Park? It's absolutely breathtaking.
AubreyFemaleGermany2009-11-08 19:58:00
K-1 Fiance(e) Visa Process & ProceduresMet my love, wanting to move to the US.. not sure where to begin..
QUOTE (Meeah @ Nov 29 2009, 02:27 PM) <{POST_SNAPBACK}>
Hi KnR,

Thank you so much for the response. I continue to tell myself to give it time, and hopefully they will respect my decisions in time but if not, I am fully prepared for that as well. They are not feeling what I am feeling, so they have no idea except for my boyfriend and I how we feel about one another.

What about work visas which will allow me to get to the US a bit quicker? I am fully prepared to wait a few months in order to be with my boyfriend, but 6-8 months seems like a really long time, and I honestly don't think I would be fully prepared to wait that amount of time for all this to fall through... meaning, I don't want to be around my family and back in my home town with all this negativity. I just simply want to be with him.. and I know it's easier said than done.

What about a visitor visa? Mind you, I wouldn't be able to work while I was on that visa.. but I am just trying to find the easiest and quickest route for all of this to happen... as I'm sure most people have thought that at one time or another.

I really appreicate your help.

Regards,

Meeah


VisaJourney is primarily a site for family-based immigration. It's unlikely you'll get a lot of knowledgeable advice here about work visas. However, I know from a family member that he was required to have a job offer already prior to receiving a work visa. In the current economic conditions, there aren't a lot of employers willing to sponsor immigrants for those visas, but perhaps you'll have luck. Who knows.

As for the visitor visa -- they are intended for visitation and return. In other words, you can't legally use a visitor visa with the intent to stay in the United States. It can land you in a lot of trouble if you do. The K-1 visa is intended for engaged couples, so if this doesn't apply to you, you shouldn't apply either. It requires an interview and proof of your status as an engaged couple.

6-8 months (it CAN take longer) seems like a lifetime, but that is what our community here on VJ is for -- supporting each other through these processes. You can visit while the visa is processing (via the Visa Waiver Program, while bringing with you lots of evidence you have continuing strong ties to your home country) up to 90 days at a time. It helps get through that waiting.

If you're really not prepared to wait, then question whether this is really as "serious" of a relationship as you claim. Immigration isn't a minor thing.

AubreyFemaleGermany2009-11-29 17:44:00