ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 after 2 years and 5 months of marriage
I know several people who have had this happen. They got it resolved fairly quickly. Crazy how often immigration messes this up! I believe an infopass appointment should be the first step to getting this cleared up. You do not want to have to do Removal of Conditions when you were entitled to an IR1!

Edited by guatetaliana, 15 April 2009 - 10:14 PM.

GlobeHopperMamaFemaleMexico2009-04-15 22:13:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-1 / IR-1 OR Direct Consular Filing?
Hi Frilla,

I'm not as well-versed in DCF as the others here, but this much I know:
1) Your fiance is inadmissible to the US under INA 212(a)(9)(A) for the deportation, INA 212(a)(9)( B ) for the overstay, and possibly 212(a)(2) for the criminal history.
2) He will be denied a visa at his interview and will be informed at that time whether he's eligible for a waiver.
3) If he's eligible, you will need to file an I-212 waiver to cover the deportation, and an I-601 waiver to cover the other inadmissibilities.
4) The waivers will be sent to Lima where a DHS officer will determine if you exhibit enough evidence that you would suffer extreme hardship if your fiance is refused entry to the US.
5) Lima is currently taking over 6 months to adjudicate waivers.
6) You need a lawyer who is extremely successful at this stuff. I recommend ours: Laurel Scott. She is one of the best immigration attorneys for foreign-filed waivers of inadmissibility. She's expensive, but you're going to need help from someone with her experience.
7) You should also visit immigrate2us.net, which is a great source of info on waivers, and also a place where you can connect to others who are waiting for waivers to be adjudicated in Lima.

I think the decision between DCF and standard filing is the least of your worries.

Good luck!

Edited by guatetaliana, 20 April 2009 - 10:14 AM.

GlobeHopperMamaFemaleMexico2009-04-20 10:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 question 22
I've searched the forum for answers to this and seem to get conflicting results, so hopefully somebody can help clear this up for me.

The NOA1 for our I-130 (being processed at CSC) arrived over a month ago. But just today, as I was looking at a copy of the form we submitted, I second-guessed myself.

On question 22, it says:
Complete the information below if your relative is in the United States and will apply for adjustment of status.

My husband is NOT in the US (we are living in his home city Monterrey, Mexico) and will not adjust status. Therefore I entered N/A and left the part about consulate abroad blank. I figured this was an all-in-one question as the instructions said "the information below", not "the information to the below, to the left".

Now I'm wondering if we made a mistake? Should I have written "Ciudad Juarez, Mexico" on the right side of that section? His permanent address on the form, and his address abroad are both written as our address here in Mexico. He clearly resides in Mexico. However, mine is listed as my permanent address in Chicago.

What would they intend to do with this when it's approved? Should I try to get this corrected? And if so, where do I call/write?

Thanks for your help!
GlobeHopperMamaFemaleMexico2008-03-30 22:57:00
IR-1 / CR-1 Spouse Visa Process & Proceduresprocess passport
Well, before you can get a passport you need to obtain US citizenship. This application process is the N-400 (that's the form you file). Usually it takes awhile for that form to process. I believe you can check people's timelines on here (hopefully that link works). Eventually you have a series of events, including biometrics, taking the citizenship test, having an interview, etc. This can also take several months. Finally you get sworn in as a citizen and you'll get the naturalization certificate. This is what you present when you apply for a US passport.

To actually apply for a passport, you fill out an application, collect the required documents, and submit it to a passport agency. Typically it takes 4 weeks or so to process the passport application, sometimes much less. You can also pay more to get the passport faster.

Hope that helps...
GlobeHopperMamaFemaleMexico2008-06-01 19:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow Long did it take for NVC to receive your I-130
I've heard of VSC taking several weeks to forward approved petitions to NVC, I wouldn't worry a lot, but it's sure frustrating!
GlobeHopperMamaFemaleMexico2008-06-05 00:03:00
K-1 Fiance(e) Visa Process & ProceduresTranslation of documents accompanying I-129F - details please
Actually, it just means that at the bottom of the translation, there should be a short statement like this:

Translator's Declaration

I, [TRANSLATOR'S NAME], declare that I am fluent in and understand the English language and the ______________________language. To the best of my knowledge and belief, the attached translation(s) are true, accurate and correct.

Edited by guatetaliana, 05 April 2008 - 10:49 AM.

GlobeHopperMamaFemaleMexico2008-04-05 10:48:00
K-1 Fiance(e) Visa Process & ProceduresK1 troubles, looking for help.
You definitely shouldn't have trouble doing this without a lawyer. I'd say, like those before me, that your biggest concern will be assembling all the proof you can that your relationship is valid. Beyond that, you really shouldn't struggle at all. This site walks you through pretty much every part of the process, so unless you have some strange complication in your case that you haven't mentioned, there really is no reason to hire a lawyer.
GlobeHopperMamaFemaleMexico2008-05-09 13:09:00
K-1 Fiance(e) Visa Process & Procedureshelp
You're right that the time spent unlawfully in the US under 18 won't count against you. You do need to answer "yes" to this question if you think you might have been present illegally. Try to estimate the dates, even though you really don't know. Simply to make it clear it was at a very young age. And since you're not sure how you entered, to be safe you should probably put without visa.

None of this is going to hurt you much, and we already know that the consulate in Ciudad Juarez is much more understanding of illegal presence when it happens to young children. It's more dangerous to assume that you entered legally and then somehow have the consulate prove you wrong. They have been known to do this! I'd say to play it safe and assume the worst, and give very approximate dates. In the end, your chances shouldn't be hurt at all since it all happened at a young age!
GlobeHopperMamaFemaleMexico2008-05-25 01:14:00
K-1 Fiance(e) Visa Process & ProceduresCancelled Visa
You would be in good shape to consult an good immigration attorney in a case like this. It could cost a little money, but even just a consultation should give you the info you need to know the best way to proceed. You might just have to fill out some information differently than usual on a few forms, but hopefully not much more than that...
GlobeHopperMamaFemaleMexico2008-08-19 00:54:00
K-1 Fiance(e) Visa Process & ProceduresForm G325A, Q: Employment last five years
as far as the jobs while studying, I would list them even if they were like work-study programs in the US. It never hurts to show you've been busy and to show where you've been at what point in the timeline. Even if it takes an extra sheet, my belief with USCIS/NVC is that the more info, the better!
GlobeHopperMamaFemaleMexico2008-08-18 19:51:00
K-1 Fiance(e) Visa Process & ProceduresForm G325A, Q: Employment last five years
Supposedly there are 4 copies of the form because each one goes to a different location during the process (look at the bottom of the each page, they each have a different designation), so it would follow that you should print 4 copies of your added information and attach each to one copy of the form.
GlobeHopperMamaFemaleMexico2008-08-18 01:39:00
K-1 Fiance(e) Visa Process & ProceduresWill a new gov't have an effect on K-1 processing speed?
QUOTE (Dean iWait @ Nov 7 2008, 10:22 AM) <{POST_SNAPBACK}>
No change. Tell your friend to put down the koolaid. However if you're in the country illegally expect a clear and speedy path to citizenship soon. yes.gif

Seriously, I understand how aggravating illegal immigration is to those suffering through the legal process, but that is the most inaccurate statement on this thread so far. There will CERTAINLY not be any type of reform for illegal immigration any time soon. The current economy and social climate are so anti-illegal immigrant, it will be many years before that will even have a chance at being considered. Not to mention, even the top Democrat congresspeople don't understand illegal immigration. MAYBE there will be a DREAM act proposal in the near future, which is vastly different than Comprehensive Imm. Reform or amnesty. But in general, immigration is low priority right now. Our best strategy is getting awareness so more of the public understands that simply marrying a USC is not an instant ticket to citizenship.
GlobeHopperMamaFemaleMexico2008-11-07 12:29:00
K-1 Fiance(e) Visa Process & ProceduresYeah! K-1 Approved, with child. Now I'm not so sure.
I'm glad you got communication rolling on this issue. By the way, maybe it would also be helpful to find out processing times, because I believe she would be able to go back and visit WAYYY sooner than 2 yrs. As far as I know, AP documents are processing in under 90 days, and the whole AOS takes less than a year right now. Maybe someone will correct me if I'm wrong.

I can understand your fiancee's dilemma. I lived in Mexico with my husband and only came back to the US for financial reasons once I was pregnant, since we couldn't pay for prenatal care on our Mexican salaries. It was a tough choice, and now that I'm here in the US, I'm constantly conflicted. I'm back with my family, and I'm so glad for their support throughout the pregnancy and when the baby's born in a couple weeks. Once I'm a mother, I know it's going to stay difficult. Here, I have my mom to help me learn how to care for the baby. My parents love the baby already and I'll hate to take him away from them. Also, my family is the one with all the huge traditions. I am Guatemalan and Italian-American, and we have huge family parties and multi-day celebrations for Christmas. Meanwhile, my husband only has a couple family members in Mexico and they don't do much for Christmas. This year, I don't get a choice, since the baby will only be a couple days old by Christmas so I will definitely stay in the US. But in the future, it's going to be tough. I love my husband more than anything, and I can't wait to be back in the same country with him. But leaving my family behind will always be a tough choice. Hopefully in our case, someday I won't have to choose anymore.
GlobeHopperMamaFemaleMexico2008-11-13 17:00:00
K-1 Fiance(e) Visa Process & ProceduresConsidering the Congressman Route
Honestly, most people here have spoken good advice. You should do whatever will make you feel you've done all you can. But don't get any hopes up. Your girlfriend should be prepared that schooling may not be able to commence immediately, and that in all reality, you'll both be OK if this has to happen.

My husband has put off years of schooling due to the ridiculous immigration ####### his family got him stuck in as a kid and the endless US immigration loop we're stuck in. He is 27 years old and has sophomore status towards a Radiology certification/degree.

We are married, expecting a baby in 25 days, and stuck living in separate countries. Does anybody at USCIS or DHS care? no. And actually, I'm trying to make it possible to afford his student visa and international tuition fees in Canada just so we could spend more time together.

Unfortunately, when we fall in love with someone from outside the US, our lives and theirs don't get to continue on as normal. Sacrifices are made in the name of love. Some people are fortunate and only get delayed or side-tracked by a couple months. Others of us are off track for years, or even life...

Still, best of luck to you both! K1 is still usually the fastest visa around. You'll be together soon and that's really the most important thing, believe me! biggrin.gif
GlobeHopperMamaFemaleMexico2008-11-21 21:48:00
K-1 Fiance(e) Visa Process & ProceduresPlanning a Wedding
Honestly, we were both in the US together for years before our wedding, and we had set the date and gotten started planning 7 months in advance. We had a traditional religious wedding with 250 guests on a budget of under $6000.

But I am a procrastinator and we were busy preparing to move OUT of the US. Therefore, it wasn't until the final 2 1/2 months before the wedding that I did any true planning or putting down of deposits. Seriously. Not recommendable, but it was proof that you don't TOTALLY need so much time to plan a big beautiful wedding, as long as you make the most of the time you have.

So I say go ahead and pick colors, themes, get decorations, even get favors that don't need a date printed on them. Find the wedding dress, choose attire for the wedding party, decide on what kind of cake, try to find some options for catering, choose/design/word the invitation (just don't order it obviously), plan the ceremony, get ceremony stuff. Pick songs for the reception, do it all. That way, in the months after you get the visa, all you have to do is secure the locations (which might require more creativity if it's in a busy urban area, but can still be done) and vendors.

Planning a wedding involves so many goofy little choices that don't even relate to the wedding date itself, so I think it's a good idea to work through those goofy little choices even when you aren't able to set a date yet!

Good luck and congratulations!!
GlobeHopperMamaFemaleMexico2008-12-16 19:07:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS, you win...sort of...and a question about canceling the K-1
QUOTE (msu17 @ Nov 11 2008, 11:05 PM) <{POST_SNAPBACK}>
Sorry, but if he's living in China legally, wouldn't DCF be the easiest route of them all when and if they decide to move back to the US? I agree that yes, you need to be patient with this whole thing, but if you can move there, be happy and work why not? Only you know what is best for your life and the future with your fiance. Weigh all your options carefully and make an informed decision. There are several stages where you can cancel the petition. You can send in a letter like pushbrk said, or have your fiance cancel the petition once it gets to the embassy stage. Probably best to directly cancel it with USCIS.

That's a good point, but I think in most countries (I believe China included), you have to legally reside in the country for 6 months to do DCF. So that adds 6 months to the process. By that point, you're closer to the end by doing the regular spouse visa filed stateside.
GlobeHopperMamaFemaleMexico2008-11-12 01:26:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS, you win...sort of...and a question about canceling the K-1
Fraud and jail time are not relevant if you simply drop the K1 process and don't have your gf attempt any entries to the US until the K3 or CR1 comes through, so don't worry about that. Honestly, though, K1s aren't known for taking that long to process anyway. In fact, they're usually the fastest!

Also, I gladly left the US in July of 07. I thought I had weighed all the options and had made the best choice. We have a complicated case and I was sure that even if we got a lifetime ban (like we supposedly have now), I'd be OK living outside the US forever. A year later, I was saying goodbye to my husband in Mexico and moving back to the US because we simply weren't making it financially. Also, with a baby on the way, I just for some reason felt the desperate need to return to my country to bring this baby into the world. I realize this wouldn't be relevant for you right now, but at some point, when you face parenthood, you suddenly feel a need to provide the very best for your child and simply surviving in another country doesn't suffice.

I regularly participate in a different immigration forum where members have spent years separated from their spouses. Meanwhile, people on this forum have waited years for Administrative Processing and other nightmares. These struggles make the standard K1 wait seem like so much less of an obstacle. Heck, my own parents waited 6 months in separate countries, back in 1981 when they were seeking a fiance visa out of Guatemala. They are very glad they did, it really strengthened their relationship. In the same way, these months apart from my husband have been some of our hardest, but also some of the most fortifying to our relationship.

Definitely be cautious. If moving to China is really the right choice right now, go for it, and start all over with USCIS. But if you've only been waiting a couple months, and your petition is totally within processing times, please don't make a hasty decision that you'll regret later!
GlobeHopperMamaFemaleMexico2008-11-11 22:43:00
K-1 Fiance(e) Visa Process & ProceduresQuestion re: previous names used, please help
Ditto to the previous poster. There is no harm in putting the names in "other names used" and it can only serve to speed things along and prevent holdups.
GlobeHopperMamaFemaleMexico2009-04-20 11:11:00
K-1 Fiance(e) Visa Process & ProceduresFIANCE VISA IF HE HAD BEEN HERE ILLEGALLY BEFORE
The others are correct, for an overstay of 8 years, he is under the 10-year ban of entry under INA 212a9B. This means that he will be unable to enter the US under any visa (fiance, spouse, visitor, student, etc.) for 10 years without an approved waiver. For the Fiance or Spouse visa, this is the I-601 waiver.

No, under the law there is no difference whether he applies for the I-601 waiver on a Fiance or Spouse visa. The waiver is adjudicated exactly the same way in either case. However, in rare cases, some consular employees get confused and attempt to tell K1 applicants that they aren't eligible for the waiver. If this happens, you simply need to print up the legal statutes or even the I-601 instructions which clearly state that fiances are eligible.

As far as I know, Colombian waivers (which get sent to Panama's DHS office for processing) are being processed in 9-12 months right now, plus several more months for transfer between offices and other procedures. Yes, it's a long time, but there's really no other way with a prior overstay.

For more info and support, I suggest visiting immigrate2us.net, which is a forum full of people going through the waiver process and dealing with the heartache that comes with it!
GlobeHopperMamaFemaleMexico2010-06-24 10:04:00
K-1 Fiance(e) Visa Process & ProceduresFiance has no civilian job
There shouldn't be a problem getting a fiance petition (I-129f) approved under those circumstances. The petition serves the purpose of verifying that a qualifying relationship exists so the intending immigrant can use that to apply for a visa (K1 in this case). His job status plays no part in determining if you have a valid relationship. They will want to verify his citizenship and carefully review the evidence that your relationship is real, but they will not care about his employment for the purpose of approving the petition, only for putting on file via his G-325a biographical info form.

However, at the next stage, when you go to the consulate for the K1 visa, the ability to prove financial support may become more of an issue. I'm not incredibly familiar with how this is done for K1s, but if he doesn't have stable employment at that point, you may need to find someone who can show that they have the income/financial resources to support you when you arrive in the event that he can't.
GlobeHopperMamaFemaleMexico2012-06-25 01:39:00
K-1 Fiance(e) Visa Process & Proceduresany success expediating I-29F?
I was unable to get any favor for getting my husband to the US in time for the baby's birth, so yeah, unfortunately, regular pregnancy is not usually an expedite-worthy request. However, sometimes, in a few rare cases, I've seen people granted expedites because their pregnancy became complicated (i.e. mandated bedrest, risky surgery needed to maintain baby's or mom's health). Just this week a friend was denied an expedite on the grounds of a pending C-section and the need to have her husband there to help with recovery, so unfortunately that isn't usually enough.

As far as filing for assistance, this can't specifically affect your husband in any way and really might be necessary if you're facing hardship. However, you'll want to make sure that you have someone (family? friend?) who can sign the documentation (I-134?) to pledge to support him financially if he is unable to support himself in the US. If you're facing financial difficulty now, it's likely you wouldn't qualify to be his financial sponsor anyway, with or without filing for assistance, so just make sure to get someone who is willing to stand as a financial sponsor.
GlobeHopperMamaFemaleMexico2012-06-25 23:41:00
K-1 Fiance(e) Visa Process & ProceduresFiancee pregnant
Hey I have no thing else to contribute here, but I just wanted to say congratulations, and wow, twins! Good luck with everything and what an adventurous start to life in the US!
GlobeHopperMamaFemaleMexico2012-06-28 01:22:00
K-1 Fiance(e) Visa Process & ProceduresMexican passport for 1 yr or 3 years
The cost for the 3-year is not much more, and it's definitely worth it because your fiance may want to travel back to Mexico for a visit after becoming a permanent resident, and at least this will save one aggravating trip to the Mexican consulate for passport renewal (believe me, not a fun experience in the US).
GlobeHopperMamaFemaleMexico2012-06-28 01:00:00
K-1 Fiance(e) Visa Process & ProceduresMedical Exam
Sorry, I re-checked my info but it's too late to edit my post again.

So you DO have to do a medical, and it does have to be at one of the two clinics next to the consulate in CDJ. However, the medical can be up to 6 months old on the day the visa is issued in CDJ. Is your fiance living in or near Juarez. It's fine to make separate trips to the consulate area if you don't want to do the medical the same week.

More information here:
http://ciudadjuarez....step2kvisa.html

Edited by Carlos and Amy, 29 June 2012 - 12:46 AM.

GlobeHopperMamaFemaleMexico2012-06-29 00:43:00
K-1 Fiance(e) Visa Process & ProceduresMedical Exam
I had just replied as if this was for an immigrant visa but I remembered you said Fiance.

I don't believe you have to do a medical in Juarez for a fiance visa, right? Just to do the adjustment of status after entry.

Edited by Carlos and Amy, 28 June 2012 - 08:54 PM.

GlobeHopperMamaFemaleMexico2012-06-28 20:50:00
K-1 Fiance(e) Visa Process & ProceduresFile K1 ourselves or get an attorney???
I also would suggest consulting with an immigration lawyer. Not hiring one to do your whole case, it doesn't seem that would be necessary. But you do need to make sure you've got all your facts straight in "immigration-legalese". For example, the removal. He may have been ordered to leave, he may have even accepted voluntary deportation, and knowing the specifics of what happened will ensure that you are prepared for any questions about this on the paperwork. Also, as stated, more heavy scrutiny will apply to your relationship because of the prior marriage and immigration process. An attorney can help you look through your circumstances and decide how best to prove your relationship. Talk to a good one, though, because a lot out there have unknown reputations and such. It seems VJ doesn't have such a thing, but another immigration forum maintains a list of attorneys who are trustworthy for cases where there are immigration complications, both major and minor like yours seems to be:
http://immigrate2us....by-I2US-Members

Edited by Carlos and Amy, 03 July 2012 - 01:51 AM.

GlobeHopperMamaFemaleMexico2012-07-03 01:49:00
K-1 Fiance(e) Visa Process & ProceduresIncome Tax Transcripts LESSONS LEARNED
Wow, I'm just so surprised to hear that people have trouble with this. I mean, it's unfortunate, but it's good to know it doesn't always happen seamlessly for everyone, I just assumed it did. I've ordered transcripts three times over a period of four years, first two times via phone and the third online with a different home address than the other times, and I've always gotten them in the mail within 3-4 days. I'm sad that it's so inconsistent and some people have to try multiple times!
GlobeHopperMamaFemaleMexico2012-07-06 22:04:00
K-1 Fiance(e) Visa Process & Proceduresdocuments to bring to your interview, help needed
For immigrant visa processing, police certificates are deemed unnecessary for any period of residence in the US:


Note: Present and former residents of the United States need NOT obtain any U.S. police certificates

(source)

Having done the FBI checks several times in the past few years, I can definitely say it's an aggravating wait, and fortunately not something you have to worry about for the US immigration process, as they do their own checks when you do biometrics and everything else.

Edited by GlobeHopperMama, 10 July 2012 - 07:53 AM.

GlobeHopperMamaFemaleMexico2012-07-10 07:52:00
K-1 Fiance(e) Visa Process & ProceduresUse Fiance's Home Country or Resident Country to File?
We're doing third-country filing as I think it's called, although not for a K1. Generally, as long as a person is legally residing in the country, whether on student or work visa, they're eligible to interview in that country. The only exception is normally for tourist/visitor visas or short-term visit visas. Check with the embassy/consulate where you would plan on interviewing to confirm eligibility.

As far as the current address on forms, we live in Korea, so we used the direct transliteration into Romanized characters but still using the Korean words, including the stuff like "neighborhood", "district", etc. I believe there's a section on the second page of the petition where you must put the current address in the native script, so we also put it completely in Korean there.
GlobeHopperMamaFemaleMexico2012-07-11 21:37:00
K-1 Fiance(e) Visa Process & ProceduresApplying for K-1 with Previous Overstay

Also- how old are you now? If you don't get approved, you can always wait out the 10 year ban and he could come live with you (although yeah, would have to be discharged from the military)...


Waiting out the 10 years is generally a last resort only for those with nearly impossible-to-win cases, with heavy aggravating factors (severe infractions like deportation absconders, CIMTs/criminal issues, denied asylum in the US, etc.). If you have any amount of money to invest in the process, hiring an experienced waiver lawyer is usually a preferable solution, because good lawyers know how to weave successful hardship cases even for people whose lives in their spouse's countries would not be poverty-stricken and health/safety-threatening. Although the "extreme hardship standard" can be daunting, for someone with a very minimal aggravating factor, such as the case of the OP, overcoming it with hardships is not so impossible.

As far as apology letters, most lawyers advise to keep such things brief. In many countries, the waiver is not about showing remorse as much as it is demonstrating all the necessary facts. There are variations, and in some countries more lengthy apologies are expected. However, now that waiver adjudication is happening inside the US by centralized staff instead of at various offices abroad, adjudication is supposed to become much more standard, and this is yet another reason to find out from lawyers doing a high volume of recent waiver cases, to see how apologies are being regarded in waivers now with the new system.

Edited by GlobeHopperMama, 15 July 2012 - 09:08 AM.

GlobeHopperMamaFemaleMexico2012-07-15 09:05:00
K-1 Fiance(e) Visa Process & ProceduresApplying for K-1 with Previous Overstay
Reason for overstay is never really taken into account, unfortunately. Most people have pretty compelling ones, some involving very emergent circumstances on the part of themselves or their US petitioners, but they all get banned the same. Yeah, ICE officers seem to love telling people that they've used discretion to erase any bans that apply, I think they enjoy the feeling of power this gives them even though it's false. They have no say in the bans, it's all written up in the INA and ultimately, inadmissibility is determined at the consulate. I personally recommend all three lawyers I've linked in my signature. Check out their websites, two of them offer free initial consultations. They specialize in I-601s for overstay, and they're all great people who you can trust to know what they're doing and not scam you for money.

Also check out immigrate2us.net, where you can find some very comprehensive resources so you can get familiarized with the waiver process. It has undergone substantial changes in the last two months and now all waivers are filed with a lockbox system in the US that has been pushing out approvals in under a month, which is groundbreaking since before the lockbox, people were waiting over a year in many cases for waiver approval. Do check out those resources, and especially because as previously stated, sometimes proving hardship in relation to VWP countries is a bigger challenge, but it's definitely not impossible!

Edited by GlobeHopperMama, 14 July 2012 - 10:26 PM.

GlobeHopperMamaFemaleMexico2012-07-14 22:25:00
K-1 Fiance(e) Visa Process & Proceduresquesion about co sponsor
Yes, you are the primary immigration sponsor and you must fill out I-864 even if you have 0 income. Unless your co sponsor (aka joint sponsor) shares a household with you, they need to fill out a separate I-864 and all the corresponding documentation. I-864A is only for household members.

However, I thought for K1 visas you don't need to worry about I-864 until adjusting status. I could be wrong, though...
GlobeHopperMamaFemaleMexico2012-07-23 03:38:00
K-1 Fiance(e) Visa Process & ProceduresJ-1 Visa to Fiance or Marriage
^ Absolutely, to all of the above, just one addition since the topic of citizenship came up.

Once you become a permanent resident, you will be able to apply for citizenship once you've accrued 3 years of residence in the US, if applying based on your marriage to a US citizen, or 5 years if you apply in your own right. So yeah, until then, don't inadvertently claim to be a US citizen. Not a pretty situation.
GlobeHopperMamaFemaleMexico2012-07-25 08:22:00
K-1 Fiance(e) Visa Process & ProceduresJ-1 Visa to Fiance or Marriage
Yup, marriage and adjustment of status is the way you would do it without leaving the country. You could apply for a K1 visa, but since it's a visa, it means you have to obtain it at a US consulate/embassy outside the US, so you'd have to leave the US for your interview and visa pickup.
GlobeHopperMamaFemaleMexico2012-07-25 06:43:00
K-1 Fiance(e) Visa Process & ProceduresExpedited K1
If you marry and file an I-130, the petition is likely to experience expedited processing if the petitioner has an address abroad. But it doesn't appear the same processing applies to I-129f.
GlobeHopperMamaFemaleMexico2012-08-31 22:27:00
K-1 Fiance(e) Visa Process & ProceduresI-129F form question - children
List all of the intending immigrant's children on the petition, regardless of their eligibility or intent to immigrate.
GlobeHopperMamaFemaleMexico2012-09-02 01:11:00
K-1 Fiance(e) Visa Process & Proceduresattorney? yes? no?
I've worked with three attorneys in our case, but I would still say that for one like yours, no attorney should be necessary. Ours is one of those terribly complicated cases that has required some great legal minds to try to push through, but if you simply have a foreign spouse with no violations or problems in their history and you can read and follow information and instructions, you should be fine on your own. Good luck!
GlobeHopperMamaFemaleMexico2012-09-21 23:27:00
K-1 Fiance(e) Visa Process & Procedurescan a k1 visa be denied if my fiance was illegaly/ undocumented in the U.S for about 7 years?
The petition will be approved (as long as the relationship is deemed legitimate), but once he goes to Juarez for the K1 interview, the visa will be denied.

I suggest following the above advice, consult the online resources on this, then talk to an immigration lawyer (Laura Fernandez and Lizz Cannon, linked in my signature, are highly reliable, awesome people, and both offer free consultations). After a reliable immigration lawyer has given you the go-ahead that there are no further issues in his case (criminal history, other immigration violations can cause a problem), then file the I-129f if you choose. There are several filers on immigrate2us who have had I-601s approved on K1 visas, although it's much more common to see them filed with spouse visas. The only notable waiver denial that I can think of related to a K1 visa on that site was many years ago, and she since married, refiled, and was denied again, so they're just facing really rough circumstances. In most cases we see K1s approved in the long run, especially if the only inadmissibility is unlawful presence in the US.
GlobeHopperMamaFemaleMexico2012-09-24 21:24:00
K-1 Fiance(e) Visa Process & Procedurescan a k1 visa be denied if my fiance was illegaly/ undocumented in the U.S for about 7 years?
The I-129t petition should be approved, the K1 visa will be denied. He accrued more than 1 yr of unlawful presence before leaving the US, so he has a ban of 10 years from the date he left (this is due to the law under INA 212a9Bii) which seems to mean he has 8 more years of ban time left. In order to waive this, you must file an I-601 waiver demonstrating the extreme and unusual hardship to you (the US citizen) that will result if he remains banned for 8 more years.

I suggest checking out immigrate2us.net for lots of information on waivers and the overall process through Mexico. A lot has changed this year and most of the General i-601 section has details on how it works now. There are also some attorneys that frequently get recommended on immigrate2us.net for I-601 waivers, three of whom are linked in my signature. I know other posters on this thread mean well, but DON'T talk to a lawyer who specializes in deportation, your husband wasn't deported. Talk to a lawyer who specializes in I-601 waivers, specifically, because it's a huge and broad area of law all in itself. You may not need an attorney to do the entire process for you, but you should at least consult with one before filing anything, just to be clear on your options and the potential outcomes for each. Be comforted that simple unlawful presence under INA 212a9B is the easiest inadmissibility to waive in Mexico compared to some of the other immigration violations out there, so as long as that's his only one, your chances likely are pretty good, but talk to an attorney first.

Also, with all due respect to the poster above, that advice is terrible. Lying to immigration (or hiding any presence in the US just because it wasn't "documented") can incur a lifetime ban under INA 212a6C, misrepresentation and fraud. Just because he was never inspected doesn't mean there's no record of his presence in the US. He spent 8 years as an adult, a lot of paper trail can be created and sometimes immigration has been known to dig up really obscure stuff. Also, the OP met her fiance in the US. So omitting his presence in the US will require lying about how they met, too. This is a terrible path and not one to suggest to people so casually, please. 9B is not the worst inadmissibility in the world, and there is hope, but lying only makes the problem worse.

Edited by GlobeHopperMama, 23 September 2012 - 01:05 AM.

GlobeHopperMamaFemaleMexico2012-09-23 01:00:00
K-1 Fiance(e) Visa Process & ProceduresHow to title the police report
It's generally suggested that the translator signing that statement not be one of the parties involved in the immigration process at hand, though. There's no hard, fast rule, but if you want to avoid extra scrutiny over your translations, get someone else to sign off. I often translate our documents and have someone unrelated to the process review them and then sign the certifying statement.
GlobeHopperMamaFemaleMexico2012-09-24 21:40:00