ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresDoes divorce have to be final to do k-1 visa
QUOTE (pokerman111 @ Jul 17 2009, 02:44 PM) <{POST_SNAPBACK}>
Hi i was hoping someone could help me with a question i have. I am going to be divorced soon not sure exactly when we have been seperated long time. Im going to meet a girl in the philippines i believe i will file a k-1visa with. Does the divorce have to be final before i meet the girl in the philippines since at the interview in manila they will see when we met with passport and proof of relationship. Also when i get the final divorce papers is there any special documents i need to show the consular at the time of her interview.


you both must be free to marry when the petition is filed

You will be providing the USCIS a copy of your divorce document

Edited by payxibka, 17 July 2009 - 02:47 PM.

payxibkaMaleUkraine2009-07-17 14:46:00
K-1 Fiance(e) Visa Process & ProceduresPregnant and anxious....want my fiance here!!!
QUOTE (Rohini @ Jul 13 2009, 10:43 AM) <{POST_SNAPBACK}>
QUOTE (*Len* @ Jul 13 2009, 10:38 AM) <{POST_SNAPBACK}>
I concur with everyone above. USCIS could care less about you becoming a mom. The only thing you can do to help out your fiance is to provide him with all the necessary documentation, forms, etc. There is no such thing as "assure the issuance of visa".


My solution to this problem was to have the baby in my fiance's country. Your baby will be a USC at birth and you can file the appropriate documents to get the birth certificate at the U.S. consulate. Good luck with the interview! luv.gif


The OP is who is pregnant, and is also the USC...
payxibkaMaleUkraine2009-07-13 11:02:00
K-1 Fiance(e) Visa Process & ProceduresWhy does some K-1 petitions take 10 months to 1 year?
QUOTE (Starlight95 @ Jul 18 2009, 01:05 PM) <{POST_SNAPBACK}>
Hello,

I was just wondering that there have been 1 or 2 members here who still have not recieved their NOA2 and its been more than 1 year. Why is that? I guess sometimes my fear takes over and I don't want to be one of those statistics. Just a bit paranoid, and want to make sure I don't run into something like that. Any explanations would help me a great deal. I know I have a lot of time to wait because they have just started on April filers. I was hoping for a November 09 wedding, but I think that is not possible now sad.gif. Btw congrats to all that got approved!


real unlucky, RFE's... who really knows why
payxibkaMaleUkraine2009-07-18 15:26:00
K-1 Fiance(e) Visa Process & ProceduresName Change BEFORE Fiance Arrives
QUOTE (Naz&Omi @ Jul 20 2009, 01:28 PM) <{POST_SNAPBACK}>
Does anyone else know if it will mess up the process for me to go ahead and change my name? Thanks!


the USCIS deals with name change issues all the time... I highly doubt it matters when the name change occurs as long as it is properly reflected in all subsequent forms submitted to the USCIS. The fiance(e) MUST marry the petitioner within 90 days of entry. As long as you can properly document the name change "path" and that you are indeed the original petitioner there should be no problems.
payxibkaMaleUkraine2009-07-20 13:46:00
K-1 Fiance(e) Visa Process & ProceduresName Change BEFORE Fiance Arrives
All previous names to be reported on the "Other names used" section of any form you will be submitting
payxibkaMaleUkraine2009-07-20 12:29:00
K-1 Fiance(e) Visa Process & ProceduresNOA2 Valid Date Range
QUOTE (Yong @ Jul 20 2009, 08:51 PM) <{POST_SNAPBACK}>
hum... I have forgotten how to update my timeline....


top of any page

my assistant

add/edit timeline
payxibkaMaleUkraine2009-07-20 20:52:00
K-1 Fiance(e) Visa Process & ProceduresNOA2 Valid Date Range
QUOTE (Yong @ Jul 20 2009, 08:47 PM) <{POST_SNAPBACK}>
Guys,

I just got my NOA2 today. It's valid only for 4 months. What if the process is so slow that it takes more than 4 months to get the visa from now?

Thanks!


then the consulate will extend
payxibkaMaleUkraine2009-07-20 20:50:00
K-1 Fiance(e) Visa Process & ProceduresK-1 and studying versus F-1 and marriage
QUOTE (intx13 @ Jul 7 2009, 09:05 PM) <{POST_SNAPBACK}>
Hello folks, this is my first post here; nice to meet everyone.

I am a US citizen and graduate student. My girlfriend is a Malaysian citizen and holds a US tourist visa. Relationship-wise we consider ourselves engaged but I'll refrain from saying so here to avoid confusion about status.

We intend to marry and she intends to study at the same university. There is a possibility that she could receive funding from the Malaysian government for studying, pending acceptance by the university and approval of an F-1 student visa. If she is not accepted, her student visa application is denied, or she does not receive funding, we intend to bring her to the US on a K-1 fiancee visa and marry (studying can wait a bit).

My questions are:

1. The F-1 student visa application can only be started in the spring of 2010, after the university and local government makes their decisions. Can we begin the application process for the K-1 fiancee visa prior to this, and simply abandon it if she is accepted, approved, and funded? I understand she cannot hold two non-immigrant visas at once.

2. If the answer to #1 is "yes", would it cause problems with her F-1 student visa application for her to have a K-1 fiancee visa partially on the books? In other words, would that evidence of a relationship and intent to marry hurt her chances of receiving a purely-student visa?

3. If she is accepted, approved, and funded and we proceed with an F-1 student visa and not a K-1 fiancee visa, can we marry? Or would this be a status violation and land us in hot water? In other words, can we convert directly from F-1 to K-3?

4. Suppose we apply for a K-1 visa and then she is accepted by the university (regardless of her local government's approval of study leave or funding). Suppose further that we move her to the US and within 90 days we are married and apply for conversion to conditional immigrant. Is she still eligible to accept the university's offer? In other words, can you attend a school on a different visa than that with which you applied, so long as you are eligible to be a student (in general)?

5. If you've gone through the K-1, K-3 process succesfully, was it as hard as you imagined prior to beginning? smile.gif

Whew, ok. Answers to any, all, or just random thoughts are greatly appreciated smile.gif

- Nate


2) a visa is not "partially" on the books.... it is either on the books or not....

3) you can marry but the F-1 likely has a home residency requirement considering it is possibly partially funded by the government... No such thing as a conversion from F-1 to K-3. They are very different processes.

4) A conditional immigrant is a RESIDENT... a resident can go to school. Likely her funding is gone

5) A long process... but not terribly difficult for us...
payxibkaMaleUkraine2009-07-07 21:51:00
K-1 Fiance(e) Visa Process & ProceduresProves we have met
QUOTE (SabrinaFrance @ Jul 19 2009, 07:50 AM) <{POST_SNAPBACK}>
How do I translate an health insurance card? Because it is basically a bunch of different ID numbers with our names and our birthdate. It just says I am the subscriber and he is the beneficiary.
When translating documents, should we reproduce the format of the original doc or just write a translation paragraph?
Sorry i am pretty confused and stressed about that.


How does insurance cards prove you have met in person? All it proves is you have insurance together....
payxibkaMaleUkraine2009-07-19 07:54:00
K-1 Fiance(e) Visa Process & ProceduresProves we have met
QUOTE (SabrinaFrance @ Jul 19 2009, 06:41 AM) <{POST_SNAPBACK}>
Hi, my American fiancé and I are starting the whole K1 process. We have been living together in France the last 2 years, as a result we have plenty of documentation (health insurance cards, joint bank account, apartement insurance contract...) where both of our names are mentionned. The only "problem" is that all those documents are in French, so we are wondering if we need to translate such documents or if a quick explanation of what they are is sufficient? (to send with I-129)
Is anybody in the same situation? what did you do?
Question about pictures of us now. We met back in 2005 so we have PLENTY of pictures of the both of us. I thought about sending 2 pics per year we were together, so about 10 total. My fiancé thinks we should send more. Then i read on the Guideline to send 2 to 5 pictures. What is your personal experience. The more the better? or it could actually be a bad thing to send too much with the 1st package?
Thanks in advance


Any evidence submitted to the USCIS that is in a language other than English needs to be accompanied by a translation. If it is not the evidence is or will be ignored
payxibkaMaleUkraine2009-07-19 07:37:00
K-1 Fiance(e) Visa Process & Proceduresprocess and proceedures
using a non-immigrant tourist visa with the intent to immigrate is a direct circumvention of immigration law. a big no, no.

At the border you will be asked the purpose of your trip and how long you will be staying... Will you answer "never, I am planning to live here"?
payxibkaMaleUkraine2009-07-22 07:05:00
K-1 Fiance(e) Visa Process & ProceduresExtra time for I-194?
QUOTE (bonjur_mimi @ Jul 22 2009, 08:57 AM) <{POST_SNAPBACK}>
QUOTE (TracyTN @ Jul 22 2009, 09:53 AM) <{POST_SNAPBACK}>
Need a bit more information - has your friend entered the US yet?

Regardless, they MUST get married within 90 days from his entry into the US (or on day 90). There is no way around that - it is one of the main requirements of the K1 visa. If they marry on day 91 or after and apply for adjustment of status, it will be denied.

yes, she entered the U.S and her visa expires on 30 th of July. can they still get married if she's out of status?


yes... getting married is not the issue... it is the path to greencard that will change
payxibkaMaleUkraine2009-07-22 09:07:00
K-1 Fiance(e) Visa Process & ProceduresExtra time for I-194?
QUOTE (TracyTN @ Jul 22 2009, 08:53 AM) <{POST_SNAPBACK}>
Need a bit more information - has your friend entered the US yet?

Regardless, they MUST get married within 90 days from his entry into the US (or on day 90). There is no way around that - it is one of the main requirements of the K1 visa. If they marry on day 91 or after and apply for adjustment of status, it will be denied.


yes, adjustment of status with only the I-485 will be denied... the path to greencard would now include an I-130 in addition to the I-485.
payxibkaMaleUkraine2009-07-22 08:56:00
K-1 Fiance(e) Visa Process & ProceduresK1 Issued. Can fiancee still visit on Tourist Visa?
QUOTE (*julez* @ Jul 22 2009, 02:26 PM) <{POST_SNAPBACK}>
Regardless, upon entering the US with a K1 visa in her passport, it is automatically used and therefore void for future entry to the US. It cannot be "saved" for future use.


I think technically it can be "saved" (maybe that is only for Canadians)... but from a practical standpoint, I doubt the POE would allow it ...

Edited by payxibka, 22 July 2009 - 02:47 PM.

payxibkaMaleUkraine2009-07-22 14:46:00
K-1 Fiance(e) Visa Process & ProceduresPlease Help! K-1 Visa Questions
QUOTE (Cry_Tuff @ Jul 17 2009, 01:40 PM) <{POST_SNAPBACK}>
It's not that she's not being honest about her income. In the United States, servers are NOT required to report their tips as income.


From IRS Publication 531:

Reporting your tip income correctly is not difficult. You must do three things.
1. Keep a daily tip record.
2. Report tips to your employer.
3. Report all your tips on your income tax return.
payxibkaMaleUkraine2009-07-17 14:52:00
K-1 Fiance(e) Visa Process & ProceduresDenial of K-1.
Their was a reason why the visa was refused... if you cannot adequately explain the situation or convince the CO that what he believed is not accurate and that you do have a real relationship, otherwise they will simply deny any future visa application again for the exact same reason

Edited by payxibka, 21 May 2009 - 07:18 AM.

payxibkaMaleUkraine2009-05-21 07:18:00
K-1 Fiance(e) Visa Process & ProceduresDenial of K-1.
QUOTE (LuckyHelen @ May 21 2009, 05:12 AM) <{POST_SNAPBACK}>
CODE
I am from Ukraine. I got denial of the visa of K-1 the day before yesterday at interview.
Explanations: my fiance petitioned on the former wife 7 years back, they officially divorced in January, 2009. And our relations began in February the last year. His former wife lives to one address with him, it did not please a consul and he drew conclusion, that they live together. Yes, one address, but there are a few apartments in this house, and they live in different apartments. This house is my fiance ownness. They did not divorce because they do not need it it was, but every lived by own life a long ago, and she has already other man which going to get married her. I was not able it to explain it. A consul said that his wife is not American, began to ask me as they met, I did not have been able to answer, I did not know, and  I said that he met her with his friend, but he said that they met also as I with him in Internet. Probably, he thinks that I want to leave to America and paid the fiance of money. It is not truth.

What can we do - to try it to explain and how? Or to conclude marriage in Ukraine and do the visa of K-3?


Unless you can overcome the reason for the first refusal, it is likely to follow you to the spousal visa as well...
payxibkaMaleUkraine2009-05-21 07:07:00
K-1 Fiance(e) Visa Process & Proceduresabandoning K-1, going for B2 (crazy we know!)
QUOTE (estadia @ May 27 2009, 08:48 AM) <{POST_SNAPBACK}>
hmmm if all u have to do is submit ur packet, and pay pretty much the same fee for k1 visa interview as u do for b/2 interview u have a better chance of getting the k1, if u dont want to get married in the usa and stay
u can at least have a 90 day vacation, or u can marry in the usa and still go back when ur ninety days is finished, this is just my opinion but i know that the b/2 is hard to get even if u dont have a k1 visa petition going on.
the embassy may feel that u think u can not pass the interview so ur trying to by pass the interview for it and go on b/2 for the same purpose that they k1 was applied for.

sara


except the $$$ spent for the medical requirement and the need for a police report
payxibkaMaleUkraine2009-05-27 08:50:00
K-1 Fiance(e) Visa Process & Proceduresabandoning K-1, going for B2 (crazy we know!)
they have computers and the K-1 case is now in the database....
payxibkaMaleUkraine2009-05-27 06:35:00
K-1 Fiance(e) Visa Process & ProceduresUSC insurance question
QUOTE (laureldevine @ Jul 23 2009, 11:12 AM) <{POST_SNAPBACK}>
I am a server at a restaurant, and due to such, I do not have health insurance.
Weird question, but WI offers a health insurance through the govt for middle class workers.
I am hesitant however to apply for it, being that we are awaiting our I-129f approval, and will need to show proof of support for mr foreign fiance (my mother is our co-sponsor)...
It is to my understanding that the sponsor is to prove that my fiance will not become a govt charge, so will this screw things up if i get this insurance through the govt?
HELP!!!


the affidavit is with the federal government and includes FEDERAL means-tested-benefits and not the state
payxibkaMaleUkraine2009-07-23 11:13:00
K-1 Fiance(e) Visa Process & ProceduresI-129F - necessity for birth certificate
passport OR birth certificate

5 year rule is TOTAL validity not remaining validity. US passports are issued with a 10 year validity other than to minor children
payxibkaMaleUkraine2009-07-23 13:14:00
K-1 Fiance(e) Visa Process & ProceduresNebraska Service Center
QUOTE (Lisa and Ian @ Feb 11 2009, 06:13 AM) <{POST_SNAPBACK}>
Hi... Quick question... Can an i-129F packet still be sent to the Nebraska SC? I live in Nebraska, so that would be convenient, but on the USCIS website, the instructions say to send it to California.

Thank you! helpsmilie.gif


Yes you absolutely can... however it will be rejected since Nebraska does not process that petition
payxibkaMaleUkraine2009-02-11 07:47:00
K-1 Fiance(e) Visa Process & ProceduresNotary
QUOTE (Smallpox @ Jul 24 2009, 12:38 PM) <{POST_SNAPBACK}>
Thanks Again!


but you will need to legally marry after you get to the USA... if you try to legalize what you have already done it will be problematic
payxibkaMaleUkraine2009-07-24 12:39:00
K-1 Fiance(e) Visa Process & ProceduresNotary
QUOTE (Smallpox @ Jul 24 2009, 12:37 PM) <{POST_SNAPBACK}>
Oh wow. Okay Thank you.

May I ask another question? We already had a wedding ceremony but did not file our marriage cert. I was planning keep this hidden (ie. no photos of it etc.) because I was afraid someone in USCIS might overreact and assume we are legally married. Am I being paranoid or is this the smart thing to do?


smart thing to do
payxibkaMaleUkraine2009-07-24 12:37:00
K-1 Fiance(e) Visa Process & ProceduresNotary
QUOTE (Smallpox @ Jul 24 2009, 12:33 PM) <{POST_SNAPBACK}>
Are you sure? I thought the affidavit of support needed one?


nope, not anymore... they updated this form a few months back
payxibkaMaleUkraine2009-07-24 12:34:00
K-1 Fiance(e) Visa Process & ProceduresNotary
QUOTE (Smallpox @ Jul 24 2009, 12:23 PM) <{POST_SNAPBACK}>
Hi, wonderful site.

Just went through the guides and one thing still isn't clear. What documents need notarized? Just the support doc?


none
payxibkaMaleUkraine2009-07-24 12:31:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Petition already filed for US -- can we have a marriage ceremony in both countries?
QUOTE (Smizzy @ Jul 21 2009, 10:47 PM) <{POST_SNAPBACK}>
Hello All,

I was hoping you fine folks could help out with something that I'm newly concerned about. I'm a US citizen and my fiancee is an Australian citizen and we've already submitted the petition for the K1 visa at the VSC (we waited a lot longer than we should have). We have already planned a wedding in Australia in November and I highly doubt that the K-1 visa for my fiancee would be granted by then. We're also planning an additional reception here in the US for my friends and family.

What concerns me is that, technically, we would already be married in Australia by the time my fiancee would be called in for the interview at the consulate there. Is this something I need to worry about? The original plan was to file for the K1 in advance, obtain the visa, have a ceremony in Australia for her family and friends, and then come back to the US for a court marriage and another reception for my family and friends.

Any advice would be greatly appreciated. Much thanks!


do it the other way around... have just a "reception" in Australia and the legal marriage event in the USA...
payxibkaMaleUkraine2009-07-22 09:16:00
K-1 Fiance(e) Visa Process & ProceduresI94 lost
you have to file for adjustment of status... advance parole can be applied for at the same time or the after adjustment application
payxibkaMaleUkraine2009-07-05 20:26:00
K-1 Fiance(e) Visa Process & ProceduresI94 lost
QUOTE (papajeff @ Jul 5 2009, 03:32 PM) <{POST_SNAPBACK}>
QUOTE (papajeff @ Jul 5 2009, 11:59 AM) <{POST_SNAPBACK}>
She went to look through papers and I94 was not there how can they either contact someone ot get it back because in spanish on back it seems there is n replacemnet, also is it not possible to travel six months after being in states or six months after marriage....thanks

we are married now i was under the assumption that it was 6 months after she landed here. So I have to apply for advance parol first


6 mos after she landed for what?
payxibkaMaleUkraine2009-07-05 20:11:00
K-1 Fiance(e) Visa Process & ProceduresI94 lost
QUOTE (papajeff @ Jul 5 2009, 10:59 AM) <{POST_SNAPBACK}>
She went to look through papers and I94 was not there how can they either contact someone ot get it back because in spanish on back it seems there is n replacemnet, also is it not possible to travel six months after being in states or six months after marriage....thanks



look in her passport
payxibkaMaleUkraine2009-07-05 13:18:00
K-1 Fiance(e) Visa Process & ProceduresSo how did you find out you got approved?
official correspondence via the USPS

e-mail finally came after file was at the consulate, 3-4 weeks later

Edited by payxibka, 25 July 2009 - 01:13 PM.

payxibkaMaleUkraine2009-07-25 10:39:00
K-1 Fiance(e) Visa Process & Proceduresaffidavit regarding sincere relationship
QUOTE (mydogjake @ Jul 25 2009, 07:14 AM) <{POST_SNAPBACK}>
Hello, I was asked to produce a 'letter'. An affidavit regarding sincere relationship. Basically "tell your love story". One page. Does anyone have any idea about this? Format, subject matter and substance? I have just a few hours. I know I am pushing it but if anyone has any idea of what this means or how to write such a document (word format) let me know. Thanks.


just write it... your story is your story....
payxibkaMaleUkraine2009-07-25 07:22:00
K-1 Fiance(e) Visa Process & ProceduresTranslating foreign documents
are you competant in both languages? if so you qualify
payxibkaMaleUkraine2009-07-28 14:50:00
K-1 Fiance(e) Visa Process & ProceduresK-1 after J-1
QUOTE (Mloda88 @ Jul 28 2009, 03:22 PM) <{POST_SNAPBACK}>
Hello everybody!

I was an au pair in the USA from December '07 to June '09. One thing just wonders me: as an au pair I was allowed to stay one more month after my program ended for the traveling purposes. I spent it with my fiance and his family. Now, when we're filling for the K-1 petition I see on my DS-2019 that I could legally stay in the country until June the 2nd of '09. I am 100% sure I could have stayd the extra month to travel, besides the agency would not have buyed me a ticket beyond my legal stay in the US. My question is: would the immigration people make a problem of it during the interview?
We will send copies of my visa and DS-2019 documents etc I am just affraid that they may look at them and then at the departure records and think that I overstayed my visa. Should I even worry about that??


no issue...

FWIW, as long as your overstay was less than 180 days then their should be no problem...

Edited by payxibka, 28 July 2009 - 03:25 PM.

payxibkaMaleUkraine2009-07-28 15:25:00
K-1 Fiance(e) Visa Process & Proceduresstarting the K-1 ball rolling
since this is predominantly a DIY type site... the answers to the use of an attorney will be biased.
payxibkaMaleUkraine2009-07-29 13:56:00
K-1 Fiance(e) Visa Process & Proceduresok, how long do you guys think it will take?
QUOTE (belarus1 @ Jul 17 2009, 08:37 AM) <{POST_SNAPBACK}>
Ok, at about 5 1/2 months I got an rfe to have a divorce doucument tranlsated from russian to english. mailed it back and now my status shows "information recieved and case processing has resumed". so how long do you think it will take to get noa2?


depends on the adjudicator.... Some will work RFE's right away to get them off there desk, others will work them once a week or on some other schedule. You are also at the mercy of the adjudicator's schedule as the original adjudicator clears there own RFE cases. If the adjudicator is on a summer "holiday" of some sort, then you will wait for them to return.
payxibkaMaleUkraine2009-07-17 10:31:00
K-1 Fiance(e) Visa Process & ProceduresK1 vs K3 !! confusing.... please HELP, thanks!!
a daily question....

K-1 by design is faster because you could theoretically begin the petition TODAY.... for a spousal visa you must wait until a marriage event has occured before petitioning (unless of course you could get married TODAY).
payxibkaMaleUkraine2009-07-31 11:45:00
K-1 Fiance(e) Visa Process & Procedureschrildren
children on the petition should have no effect on the approval
payxibkaMaleUkraine2009-07-31 15:05:00
K-1 Fiance(e) Visa Process & Proceduresk-1 to k-3
QUOTE (maoyu @ Jul 31 2009, 05:17 PM) <{POST_SNAPBACK}>
Hello all,

I know k-1 fiance, k-3 spouse, its that simple. I have read many times on the forum that one has to "start over" with the k-3 process if married during the k-1. Just want to clarify what constitutes as starting over, I imagine by applying for k-3, say 2 months after filing for i-129f in k-1 route, I will have to re-file the i-129f and front the costs for the i-130 as well? The i-130 fee is not waived or nothing like that, right?

Just clarifying...

Thanks
J


no fee do overs

payxibkaMaleUkraine2009-07-31 18:33:00
K-1 Fiance(e) Visa Process & Proceduresk1 visa
QUOTE (gravitate @ Aug 2 2009, 10:58 AM) <{POST_SNAPBACK}>
Also a lawyer told me that if i use a co sponsor it will decrease my chances of success by around 20%, is that true?


Depends on the consulate... a co-sponsor in Bangkok will reduce your chances by 100%.

I am not sure what Lima's requirement or historical practice is but your answer needs come from someone who is knowledgeable of Lima, as an answer from someone who does not understand the consulate's practice might give you the wrong answer and false hope.
payxibkaMaleUkraine2009-08-02 12:27:00