ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresI-134 Form

I'm a little confuse about when to send the I-134 form. In the K1 Visa Checklist it says that it is to be mailed to my fiance and not with the I-129F package. Some other people I know said "it is part of the I-129F package". So I'm a bit confused.

I would appreciate your input on which is correct.

Thanks you in advance


Some of those other "peeps" are misinformed
payxibkaMaleUkraine2010-02-01 07:31:00
K-1 Fiance(e) Visa Process & ProceduresDivorce after 2 years

A friend and his wife may possibly get divorced.
She came here legally and has a job.
She has PR card and is about to go for AOS.
If he wants to bring another lady over ..when can he do this?
He was told it was 2 every 10 years.
When does that 10 years start and end.
He did search this and couldn't find any info.
He thanks you


Do a search of the multiple filing limitations under IMBRA
payxibkaMaleUkraine2010-01-31 19:26:00
K-1 Fiance(e) Visa Process & Proceduresfiled k1 to ir-1cr1..

if we changed our minds and go the next file in ir-1/cr1 route do we need to submit a waiver to USCIS?


IR1/CR1 no waiver needed

Second K-1 for the same beneficiary, according to the law, NO... but if you go this route, the "waiver" request is a mere formality and should not pose a problem for you

Edited by payxibka, 03 February 2010 - 08:18 AM.

payxibkaMaleUkraine2010-02-03 08:18:00
K-1 Fiance(e) Visa Process & ProceduresDoes an overstay past the 6 month rule cause problems with I-129F?

Hi there,

I'm fairly new at this ...we've filed for our I-129F, still awaiting NOA2 (any day now!). I'm the Canadian fiancee, and am going to visit my honey in the US for a couple of weeks. I have already spent roughly 5 and a half months out of the past year in the US visiting him, so this trip would actually be a slight overstay past the 6 month rule Canadians are allowed.

My question is, will overstaying by merely a week or so cause problems later at my interview? (I noticed that in the form we have to write the dates of all our visits to the US.)

Thanks!


disclosure required... should be no issue though
payxibkaMaleUkraine2010-01-25 22:32:00
K-1 Fiance(e) Visa Process & ProceduresI have a K1 paperwork question, but also need advice - My fiance is giving up hope that we will ever be together :'(

Regardless of where the certificates must come from, they are obtainable. People do it all the time.


and in some places are even available on the "web" or by the mail....

My wife had to travel to travel to a foreign country to get one to cover her university years.... Three days on a bus, but she did it without losing hope in the process...
payxibkaMaleUkraine2010-01-27 08:23:00
K-1 Fiance(e) Visa Process & ProceduresI have a K1 paperwork question, but also need advice - My fiance is giving up hope that we will ever be together :'(
Police Records

Police records (also known as Character Certificates) are available at no cost from District Coordinating Offices, and take up to three months to obtain. There is no central police register in Pakistan, and applicants should therefore provide certificates from every jurisdiction in which they have lived for the requisite period of time. Police certificates are available by mail. Applicants currently outside Pakistan should contact the nearest Pakistani Embassy or Consulate for instructions.

Non-Pakistani citizens may have difficulty obtaining police records even if they are/were residents of Pakistan. Police records are unavailable to non-Pakistani citizens if they are/were not officially resident in Pakistan while present here (e.g., Afghan citizens staying in refugee camps.)

http://travel.state....ocity_3644.html

The above is exactly why you need a country specific answer.....

Edited by payxibka, 27 January 2010 - 08:37 AM.

payxibkaMaleUkraine2010-01-27 07:25:00
K-1 Fiance(e) Visa Process & ProceduresI-129F Form expired 01/31/10

The 01/31/10 date does not refer to the form's expiration - it is the OMB date (which isn't related to expiration) - the form actually shows an expiration date from back in 2007 (expiration date can be found on the bottom-right of these forms).

The web-instructions say even a 2006 version is acceptable. Bottom line, the most current version of the form is the one you're looking at. Not to worry. :thumbs:


The O7/30/07 is the version (revision) date not the expiration date

Edited by payxibka, 01 February 2010 - 06:36 PM.

payxibkaMaleUkraine2010-02-01 18:36:00
K-1 Fiance(e) Visa Process & ProceduresI-129F Form expired 01/31/10
The OMB expiration date does not automatically invalidate a form


If you look to the USCIS website they are accepting the current version and one revision back...

Edition Date :
07/30/07, 11/24/06 editions can be used, no other editions accepted.

The 01/31/10 OMB expiration is the 07/30/07 version

Edited by payxibka, 01 February 2010 - 06:32 PM.

payxibkaMaleUkraine2010-02-01 18:30:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Filing for Cruise ship workers...?

Now, since she has the B-1 visa, one of you mentioned that she would need to stay 24 hours in the U.S.? Why would she need to do that?


don't see it mentioned in that context

Edited by payxibka, 20 January 2010 - 12:41 PM.

payxibkaMaleUkraine2010-01-20 12:40:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Filing for Cruise ship workers...?

Hello,

I have a rather unique situation that I would greatly appreciate some guidance to help me navigate these confusing immigration rules. My fiancee and I work on a cruise ship. I'm American and she is Peruvian. She holds both a B-1 Vistor's Visa and D-1 Crewman's Work Visa. We want to settle down in the U.S. as it offers more opportunities.

Here are my questions:

1. First, as I understand it, she needs to both apply AND remain in her country for the K-1 visa application process. Is this correct? She works on the cruise ships for the moment and doesn't want to lose her livelihood.

2. We would like to get married in one of the U.S. ports that we visit - Galveston, TX or Key West, FL, but we are not sure if it would be allowed or more importantly, if it would screw up the immigration process. What would be the ramifications if we were to get married in one of these U.S. ports?

3. Is this something, I should discuss with an immigration lawyer? If so, does anyone have recommendations?

Finally, if I have posted in the wrong forum, please let me know.

Thank you,

Shawn


1) nobody expects someone to give up there livelihood while they are in the visa process. Her perm residence is still in her home country and she can/will interview when the time is scheduled

2) You can get married but you cannot get married BEFORE the visa is issued and she enters on that K-1 visa... Otherwise you will need to pursue a spousal visa

3) attorney assistance is a personal choice...

Edited by payxibka, 19 January 2010 - 11:27 AM.

payxibkaMaleUkraine2010-01-19 11:26:00
K-1 Fiance(e) Visa Process & ProceduresCo-Sponser and K-1 initial filing - what forms to submit?
no affidavit of support with the initial filing... that is later at the consulate interview.

When the time comes it would be the I-134 not the I-864

Edited by payxibka, 08 February 2010 - 04:20 PM.

payxibkaMaleUkraine2010-02-08 16:18:00
K-1 Fiance(e) Visa Process & ProceduresCan my fiance file for k-1 while in canada?
sure (must maintain or re-establish a US domicile )... I would also suggest looking at a direct filed (with the consulate in Canada) I-130 petition for an immigrant visa (IR/CR) when the time comes. A USC is eligible for this after 6 mos. of legal residence in the foreign country.

K-3 is about obsolete so you may wish not to go this route.
payxibkaMaleUkraine2010-02-08 14:18:00
K-1 Fiance(e) Visa Process & ProceduresK2 - Child of Fiance

Yes, she may travel up to one year after your visa issue date or six months after her own visa issue date, whichever is sooner.


Actually if you timed it, the K-2 could be issued up to one year from the K-1 and then would have its own 6 mo. expiration date, so the total time could actually be near 18 months. To accomplish this of course requires some good planning and execution

Edited by payxibka, 09 February 2010 - 01:26 PM.

payxibkaMaleUkraine2010-02-09 13:25:00
K-1 Fiance(e) Visa Process & Proceduresentering the USA

I was hoping someone could help me.
I was wondering if whilst i am waiting for my green card application to get cleared after I get married whether or not I will be allowed to enter the USA on a tourist visa or whether or not I have to stay out of the country until it gets cleared?


You posted this in K-1 forum and your profile indicates K-1 as well... Your question is confusing because, if you are a greencard applicant based on a marriage to a USC, after a K-1 entry, you are already here in the USA....

Edited by payxibka, 09 February 2010 - 01:48 PM.

payxibkaMaleUkraine2010-02-09 13:46:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa and problem getting a child

Thanks to all of you. I am waiting for my biometrics on Feb 17th, 2010. Then also for the approval of my advance parole. the moment i get it im flying back home to get her.. And, also is there any chance that they will give me the result of my advance parole during my biometrics? Thanks


no, the USCIS field office and the ASC (biometrics) are two different places
payxibkaMaleUkraine2010-02-09 07:39:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa and problem getting a child
The K-2 needs be issued BEFORE the one year anniversary of the issuance of your K-1. On what date was your K-1 issued?

You need to contact Manila... they are the definitive source for your answers






posted in IR/CR spousal visa forum... moving thread

Edited by payxibka, 08 February 2010 - 01:23 PM.

payxibkaMaleUkraine2010-02-08 13:20:00
K-1 Fiance(e) Visa Process & ProceduresK1: Civil ceremony, then a later, bigger ceremony?
You are only legally married once... so the date of the civil ceremony would be the "official" date.... what date you choose to celebrate it is a personal decision.
payxibkaMaleUkraine2010-02-09 18:06:00
K-1 Fiance(e) Visa Process & ProceduresI am just getting started .

I don't think the I-129 F is current or is it?



USCIS website
payxibkaMaleUkraine2010-02-14 10:28:00
K-1 Fiance(e) Visa Process & ProceduresHow do you know when the Visa is approved at USCIS Service Center

How do you recieve your first notification that your case has been moved to the NVC? Will I see an update on the USCIS status page (from Intial Processing to Testing/Interview)? I see that others can post dates but I do not know where they are found.

After that, how do you track the progress through the rest of the system (like when it arrives at the consulate)

Thank you for any help you can provide.

Keith


No online tracking mechanism for the process after the USCIS
payxibkaMaleUkraine2010-02-11 10:46:00
K-1 Fiance(e) Visa Process & ProceduresIs the I-134 for the petitoner to fill out?

I am the U.S. citizen and I was wondering if I was the one to fill out the I-134 and proof of income, etc.. ?


Yes, it is prepared by the alien's qualified sponsor
payxibkaMaleUkraine2010-02-18 08:58:00
K-1 Fiance(e) Visa Process & Proceduresbringing all 3 kids at the same time (k2)

my fiance filled a k-1/k-2 visa is it possible for us to take 3 kids( ages 13,12 and 6) all at the same time?my fiance wrote their names n the petition but worried that the embassy wouldnt allow to take 3 of them to the US , pls help :help:


if the k-1 is approved, the k-2's are pretty much automatic assuming financial ability

Edited by payxibka, 20 February 2010 - 11:30 AM.

payxibkaMaleUkraine2010-02-20 11:29:00
K-1 Fiance(e) Visa Process & ProceduresCertificate of Citizenship: Age when it was issued

Thank you very much for your response! I'm a little confused though since it says in the I-129F instructions asked for the original Certificate of Citizenship:


I'd prefer to send a photocopy, but the last thing I'd want to do is not give them the information they requested and cause a potential delay in the application process. :unsure:


Then do THIS:

In place of any of the above, you may give USCIS a copy of your valid, unexpired U.S. passport issued with a validity period of at least five years. You must submit copies of all pages in the passport.

Edited by payxibka, 23 February 2010 - 07:37 AM.

payxibkaMaleUkraine2010-02-23 07:36:00
K-1 Fiance(e) Visa Process & ProceduresRelationship 'start date'

Hi everyone,

I've gotten to the 'proof of relationship' part of putting together the I-129F package and I have to now go through the somewhat daunting task of going through the e-mails between my fiancee and I. :whistle:

My fiancee and I initially met while I was living in Japan, and we didn't actually start a relationship (i.e. boyfriend/girlfriend) with each other until roughly about 1 year and 9 months after we had initially met. Four months into our friendship, I had to move back to the States, but we kept in touch via. e-mail and snail mail (no phone calls or online chatting). During that period of not being in a relationship, there are quite a number of e-mails between each other ... which eventually lead to the realization that there was mutual interest and attraction to each other. We've already seen each other in person in a few months ago and will be seeing each other again in the near future.

Given our situation, I'm not sure when to document the 'official' beginning of the relationship in regards to the K-1 process. I feel that the e-mails prior to us starting a relationship show evidence of something legitimate forming between us ... but there wasn't too many affectionate type words or dialogue in them, but we were fairly open with each other about our lives. Of course now that we agreed to be in a relationship eventually got engaged, things are different.

Should I include the e-mails prior to us dating and becoming engaged? Or should I leave those out?

Thanks as always for the generous advice and wisdom. :)


The USCIS is not concerned about your "love" story... All they require is proof that you and your fiance(e) have met the requirements for the alien fiance(e) to apply for the visa...
payxibkaMaleUkraine2010-02-23 07:52:00
K-1 Fiance(e) Visa Process & ProceduresPassport photos for petiton?

Hi all!

My fiance and I are just starting the whole K1 process, and beginning to gather information for me to send the petition to the California Service Center.

One thing about the passport photo that my fiance needs - the specifications says that the photo needs to be 2 x 2 inch. My fiance (who is in England) tells me that everywhere they get passport photos taken are much smaller than 2 x 2 and he has no idea where to get one that size...and he thinks they will reject it.

He did say the one place he knows of that takes that size passport photo is the US Embassy in London, but you cant get in without an appointment (he went to get a B2 visa to visit me....got denied...another story). London is a long ways away from him anyways.

What should he do?

Sidenote - he has been disqualified from the Visa Waiver Program, refused entry to the US, and denied a b2 visa to come visit....will this affect us getting approved for the K1? Also I have two misdemenors on my criminal record....it looks like for the petition etc they only look at background records for the foreign fiance...is this true?

Thank you!!!
:blush:


Snappy Snaps... just ask for them to make it 5cm x 5cm
payxibkaMaleUkraine2010-02-23 10:28:00
K-1 Fiance(e) Visa Process & ProceduresUS citizen with criminal record

I have 2 drug felony convictions from 1988....I am a US citizen considering a union next year with someone from Canada. How much of an impact will my record have on the process? She has a clean background, no problems at all. I"ve had none since that time. Same employer for 11 yrs..Earning 100K on a legitimate corporate job. Any help or advice would be appreciated.


generally speaking unless it is a crime that falls under the "Adam Walsh" act (sexual predator type crimes), then it is not an issue. Just prepare the forms accordingly. if it falls under the IMBRA/VAWA law then you will need to disclose and show disposition of the cases.

Edited by payxibka, 23 February 2010 - 12:46 PM.

payxibkaMaleUkraine2010-02-23 12:46:00
K-1 Fiance(e) Visa Process & ProceduresImmunization Confusion

she needs vaccines: MMR (measles, mumps, rubella), tetanus, human papillomavirus (HPV) (just for women under 26 years old) and varicella. But is possible the doctor order more. I recommend if she needs some vaccines be applied at a date close to the interview


HPV was eliminated in December.. no longer required
payxibkaMaleUkraine2010-02-24 08:12:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa reissued - Will there be problem at the Airport US Immigration Customs?

Merrtooth - this is a hard one to call, hard to guess.

If the K-1 is revalidated in Singapore (Yay Curry Laksa ! ) then the dates SHOULD shift.
I say SHOULD ...

The regs you quoted say otherwise, though.

Have yer USC person getting ready for the civil ceremony at a courthouse - that'll be the fastest for you two - then have a wedding ceremony later in a church (if you still want)

good luck !! (Hurry Hurry ! )


No need to guess... the dates WILL NOT shift... the original 90 days period as indicated on the original I-94 will govern, and be the date to be married by
payxibkaMaleUkraine2010-02-25 11:14:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa reissued - Will there be problem at the Airport US Immigration Customs?

Will the CBP officer ok to admit me when there is about 10 days left on the K1 visa, starting from original first admission date 24th Dec 2009 to keep within the 90 days? I finally managed to book a flight to fly over and reach US on 11th March 2010.
Issue me a I-94 with 10 days?


if he/she decided to let you in, they will let you in.... they will probably remind you that you have only 10 days to marry
payxibkaMaleUkraine2010-02-24 07:50:00
K-1 Fiance(e) Visa Process & ProceduresNOA2 while Abroad

I am USC and will be out of the U.S. during the time I expect to receive NOA2. There is no one to check my mail; however, I am signed up for email notifications from USCIS. When NOA2 is physically mailed to my home, will it say anything different or contain more info than the email notification? And in a worse case scenario, will a mailed RFE say anything different or more than the email notification?

I would not want any delays in the process due to me being away, but I wonder if gathering items needed for affidavit of support before I depart is too early. From people’s timelines, the wait time for an interview in Ghana is at least four or five months after receiving NOA2. If I compile financial info for the I-134 right before traveling, which will be pre-NOA2 (5+ mos before the interview), will it still be considered by the consular during the interview? What do you think would be “current” to them?


The NOA2 will say more than the e-mail notification but the information is the same

An RFE mailed notice WILL say a lot more than the e-mail notice and it will tell you exactly what the RFE is for while the e-mail just says you got one
payxibkaMaleUkraine2010-02-25 12:13:00
K-1 Fiance(e) Visa Process & ProceduresK1 vs K3

Is it easier to get married and apply for the K3 or to begin with the K1? My fiance, Guru, has spoken to an Indian lawyer and says that we should get married first in India and then apply for the K3. What do you think?

BTW, my fiance is a citizen of India but has a student Visa and studies in the UK. Does this make a difference? We've been talking about marrying in the UK while he is there but in reality, is it best to marry in India as he is a citizen there?

Any advice is much appreciated! Thanks!


K-3 for all purposes is now and obsolete and "dead" visa type. Your question needs to be CR1 vs. K-1
payxibkaMaleUkraine2010-02-25 12:14:00
K-1 Fiance(e) Visa Process & ProceduresK 1 Visa
not an adjustment of status topic... moving thread to proper forum
payxibkaMaleUkraine2010-02-27 10:49:00
K-1 Fiance(e) Visa Process & ProceduresAbout K2 visa....

Hi pushbrk, we did'nt make it for K2 visa so we'll take your advice to file an I-130. Do you have any idea how long the processing will it take? Is it true that it takes 8 years or more? I hope to hear from you and thanks again.

babyrog


8 years? Where did you hear this? For a child of a USC it is probably 6-8 mos.
payxibkaMaleUkraine2010-02-27 16:24:00
K-1 Fiance(e) Visa Process & ProceduresAbout K2 visa....

Hi to all vj family, I have a question about my son. By the way I arrived here in US on March 5 2009 and I'm already a greencard holder and now it's time for my son to follow me here. He is 11 years old and I want to know if he still eligible for the K2 visa and how and where to apply and what are the documents to prepare. And also what are the things to prepare for the escort since his still minor and cant travel all alone. Please I need your advise and thanks in advance.


babyrog


Follow to join is available for up to one year from the date your K-1 was issued and the K-2 must be issued before that date.... based on your timeline that is 4 days from now... I would say an impossibility to get it done in 4 days but the process starts at the USEM with the DS-156, et al...
payxibkaMaleUkraine2010-02-23 18:17:00
K-1 Fiance(e) Visa Process & ProceduresOverstaying In USA
no documents in the initial stage... documents and a waiver request to the consulate after the visa is refused, however if he has been back since 1993 then he would have been subject to a 10 year ban which if true would have expired by now

Edited by payxibka, 27 February 2010 - 10:27 AM.

payxibkaMaleUkraine2010-02-27 10:14:00
K-1 Fiance(e) Visa Process & ProceduresWhere to File?

And off topic.. has anyone ever tried the E-File option for the 129F?


e-filing the I-129F is not yet an option
payxibkaMaleUkraine2010-02-22 07:37:00
K-1 Fiance(e) Visa Process & ProceduresPetitioner Photograph

Regardless of the consulate, they'll use a photo the visa applicant carries to the interview. The petitioner will never see their photo again but it should meet the specifications for background to be accepted.


Use the photo for what?
payxibkaMaleUkraine2010-03-01 08:13:00
K-1 Fiance(e) Visa Process & ProceduresI-134

What is the minimum salary for needed for the I-134?


Depends on the family size.... typically, if you are at or above 125% of the poverty guidelines you should be OK.... google "I-864P" to see the guidelines
payxibkaMaleUkraine2010-03-02 17:58:00
K-1 Fiance(e) Visa Process & ProceduresI-134
If you look at the information packet on the Kiev website it contains a .pdf file titled "OF167eng.pdf".... Near the bottom it states the following:

"Affidavits of Support should be of a recent date when presented to the consular officer. They are unacceptable if more than one year has elapsed since the date of execution."

I know they accept it at about 6 mos. of execution because my I-134 was executed in December 2006 and my wife had a May 2007 interview. Unless someone else has specific experience with the Kiev consulate, an I-134 executed beyond that is only a guess as to how the consular will react.

FWIW, the Kiev consulate does NOT require an actual I-134, but DOES require the same type of evidence that one normally would submit with the I-134

Edited by payxibka, 02 March 2010 - 01:00 PM.

payxibkaMaleUkraine2010-03-02 12:38:00
K-1 Fiance(e) Visa Process & ProceduresI-134

I would like to send it my I-134 with the I-129f fiancee petition. Is it ok to do this?


Sure it is OK... but since you will need to provide evidence of financial ability again to the consulate, so why bother
payxibkaMaleUkraine2010-03-02 07:28:00
K-1 Fiance(e) Visa Process & ProceduresPassport Photo

It says send each a picture, a means 1? I'm scared they will lose it. How many did you guys send in? 1 pic per person right?


one each
payxibkaMaleUkraine2010-03-04 07:18:00