ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & Proceduresk-2 question

Thank you for your responses :thumbs: , at least you wasn't judging me :unsure: I have one last question for you if you don't mind. Can we get a DNA test from any laboratory, or it has to be where the USEM send us or is it mandatory in any CRBA since he(USC) is not here and can't be here? Another issue is my hubby-to-be can't be here to file these papers since he just started a new job (with USCIS I may say) so I don't know how we're gonna do this :unsure: :unsure:


Every consulate is different... have no idea how Lima does it.... I would imagine they have a pre-selected provider if they need a DNA test but I really don't know
payxibkaMaleUkraine2011-07-14 23:30:00
K-1 Fiance(e) Visa Process & Proceduresk-2 question

So you're saying it wont be an issue if we file his CRBA?


No, they will determine the father's US citizenship status as of the date the child was born. and if based on his status, they will determine if citizenship passes via parentage or not, if so, then it they will approve the CRBA and issue the child a US passport.

Millions of people are dual nationality all over the world..

My son has a biological Bulgarian father, a Ukrainian mother and was born in Moldova. He is a Ukrainian, Bulgarian and Moldovan citizen,... soon he will also be a USC.
payxibkaMaleUkraine2011-07-14 23:22:00
K-1 Fiance(e) Visa Process & Proceduresk-2 question

I don't understand this last part


US does not care that the BC only indicates that the mommy/daddy are Peruvians....
payxibkaMaleUkraine2011-07-14 23:13:00
K-1 Fiance(e) Visa Process & Proceduresk-2 question

I didn't answer because I don't know the answer. I guess I have to find out over here...


if they do then it appears your making a lot of fuss about nothing... as he can still be Peruvian in 194 out of the 195 countries in the world

I didn't answer because I don't know the answer. I guess I have to find out over here...
Oh I forgot, when we got his birth certificate, we (hubby-to-be and I) both identified ourselves as peruvians, since my hubby-to-be happens to have identification number over here, because he get his citizenship when he was over 18... so his birth certificate states his mom and dad are peruvians


moot point as far as the US is concerned...
payxibkaMaleUkraine2011-07-14 23:10:00
K-1 Fiance(e) Visa Process & Proceduresk-2 question

We are both Peruvian by birth. My hubby-to-be filed for his citizenship before we even met... We just want our son to decide by himself that's all. And I'm sorry by it just happen that I LOVE the country I was born, and I want my son at least get the right to decide... I'm sorry but it's just how I think, but I don't want to leave him here with my parents... so I guess there would be no option for us


You never answered my question... does Peru not allow dual citizenship? because the US does not care as he can be BOTH, but will be a USC when in the USA and he can be Peruvian every where else
payxibkaMaleUkraine2011-07-14 23:05:00
K-1 Fiance(e) Visa Process & Proceduresk-2 question

For sure!!! So your best suggestion is to leave behind my son! -.-! :bonk:


thems the rules whether you like it or not... why is it OK for him to be peruvian by birthright but not a usc?
payxibkaMaleUkraine2011-07-14 22:57:00
K-1 Fiance(e) Visa Process & Proceduresk-2 question
if the child is going to be entering the USA at any time ... it is MANDATORY

does peru not allow dual nationality?

Edited by payxibka, 14 July 2011 - 10:51 PM.

payxibkaMaleUkraine2011-07-14 22:49:00
K-1 Fiance(e) Visa Process & ProceduresG-325A question

Hi All...I just received my fiance's signed G-325A back from him and there is an area on the first line for a file number. What is this?


not applicable for a k-1... just ignore
payxibkaMaleUkraine2011-07-18 22:25:00
K-1 Fiance(e) Visa Process & ProceduresHRR, two year residency requirement?

I think that may be good news then . .
So it doesn't matter that between Oct 2009 and now I have been to USx3, France, Italy, Germany, Morocco as they were all (relatively) short visits . .

no you are still allowed to take holidays, and theoretically you should not have been allowed into the usa... maybe you are not subject to it...
payxibkaMaleUkraine2011-07-18 07:29:00
K-1 Fiance(e) Visa Process & ProceduresHRR, two year residency requirement?

So, in the opinion of the thread are we thinking that as I left the US on 22nd October 2009 under the J1 visa I cannot RE-ENTER the US under the K1 until 22nd October 2011 . . . ?

I know the next step here is legal advice but it would be rude to pass up such a wealth of knowledge on this site.

Thank you all!


if subject too, it would also includes a visa not being able to be issued until completion of time served
payxibkaMaleUkraine2011-07-18 07:13:00
K-1 Fiance(e) Visa Process & ProceduresHRR, two year residency requirement?

Hi!

My DS-2019 has a box that says is NOT subject to the 2 year etc etc but it is NOT checked (which I assume means I AM)

I have been a resident of the U.K for 26 years now, but have been on a few holidays since my J-1 expired (Oct 2009) and now (Incl. 3 to USA for obvious reasons!)

We are just at the point where we don't know if we can continue . .

The USCIS approved us, we assumed this meant we were home clear, but it lookis like we could get tripped up any step along the way . . . !


USCIS does not "police" the 2yr HRR... The Department of State does which is the same agency that the Embassy/Consulates belong to.
payxibkaMaleUkraine2011-07-18 06:55:00
K-1 Fiance(e) Visa Process & ProceduresHRR, two year residency requirement?

http://en.wikipedia.org/wiki/J-1_visa - 2 year period starts once J1 holder with HHR leaves US - as far as I know...
The way out of it is a waiver - but first - are you sure HHR applies to your fiance ?


HRR stands for home RESIDENCY requirement... the clock starts once RESIDENCY is re-established, not simply departure from the USA. If the J-1 visa holder departed the USA but went on a 6 months of travel before returning home, the clock does not start until they are back home.
payxibkaMaleUkraine2011-07-17 11:38:00
K-1 Fiance(e) Visa Process & ProceduresBirth Certificate Help

So I got my NOA2 and still waiting for my NVC letter.

I am a Euro-Asian and only obtained my Filipino status in 2002
for the Manila consulate they ask for the local BC.

Again, I was born in Dubai, then registered under the United kingdom BC registry. So i have a funky international Birth Certif...


Do I still require a localized birth certificate?

Tried calling the consulate. -talking to an actual human seems IMPOSSIBLE!

Help!


You cannot get a localized BC. The consulates instructions are written based on the "typical" case. You are not typical. You bring what you have, it is all you can do.
payxibkaMaleUkraine2011-07-20 06:53:00
K-1 Fiance(e) Visa Process & ProceduresRussian Police Certificate ???

do you know how long it takes to get one ???? Spasiba :)





Her mom lives in Volgograd

Police and Prison Records

Available. Russian law (MVD Order no. 965, dated November 1, 2001) mandates that the Ministry of Internal Affairs (MVD) provide police certificates both to Russian citizens and to foreigners who have lived or are living in Russia. The law states that in Russia, MVD offices must provide the certificate within 30 days. Those residing outside of Russia, both Russian citizens and non-citizens, may either delegate a Power-of-Attorney to apply for the certificate on their behalf in Russia, or apply directly to the Russian Consulate. Police certificates should note all names that the person has used in Russia, and should note the MVD branches in all locations that were queried.

Federal and more serious criminal records in Russia are kept at the Main Information Center (MIC), while convictions related to minor offenses (interpreted as when the punishment was to to 3 years of imprisonment) are stored in the local police (militia) archives. Court records are generally available upon a request from the individual. Prison records are generally not available.

Under Russian law, a prior conviction is expunged from the MIC's databank after a specified period of time has passed following the completion of the sentence. For "grave" crimes the period is six years; for "especially grave" crimes it is eight years. Thus, if an applicant committed a grave crime and more than six years have passed since the completion of his/her sentence, the MIC will not show a record of this crime.

In the absence of a Russian police certificate, and when dealing with applicants who could have theoretically served prison time more than eight years prior to the date of IV application, key features to look for are knuckle tattoos. Russian prison culture is vibrant and unique; tattoos serve a role of establishing rank and status, and it is quite common for males to have served time in prison to have such markings.
payxibkaMaleUkraine2011-07-20 06:48:00
K-1 Fiance(e) Visa Process & Proceduresbring my son to the interview?

should i bring my son to the interview? i know that you're not required to bring the k2 applicants along...but my son is an american citizen. if i take him, will they focus too much on him? will it lessen the chances of having my visa approved? thanks!


No, do not bring him... no reason to drag him along
payxibkaMaleUkraine2011-07-19 06:59:00
K-1 Fiance(e) Visa Process & ProceduresFiance changed work after filing

My fiance changed jobs after filing the package. If you read my other threads I said that my attorney did all the work and sent out the check... supposedly.

It has been 2 months since and haven't received anything from USCIS.

When my fiance went to meet with the lawyer she said that they requested for him to send him job information for his current employer in stating: work address, wages, start of employment, and occupation.

Is this something they would request... especially the wages? He lives in Mexico if that has anything to do with it.

Also if they did request this information and my attorney is being honest, would my name be in the system at USCIS? I contacted them a few days ago and they said it wasn't then a few days later my attorney says they requested this information.
Also how would they know he didn't work at his former job if when we sent the package in it was correct and he was working?


an unusual request at the USCIS stage
payxibkaMaleUkraine2011-07-23 07:52:00
K-1 Fiance(e) Visa Process & ProceduresMedical Exam for a k1

My fiancee is having her medical on monday morning and she is wondering if its ok to eat the night before the exam ... or does she have to starve..? I was gonna call the office where she will have her exam but is saturday and is closed...


no fasting required
payxibkaMaleUkraine2011-07-23 08:14:00
K-1 Fiance(e) Visa Process & ProceduresDoes CSC work Saturdays?
Computers work 24/7. They can launch a batch processing job at anytime automatically. It could be as simple as some human mis-dating an action on your file when they scanned it and when they auto launched an update routine over the weekend it finally processed it.
payxibkaMaleUkraine2007-03-27 11:33:00
K-1 Fiance(e) Visa Process & Procedurescountry of birth unknown? what??

We got the electronic NOA1 last wednesday, and my fiance just received the paper copy today. It had my name (the beneficiary) and date of birth, then it said country of birth: unknown.

Is this normal?? My country of birth was CLEARLY filled in on all the appropriate forms. Does he need to call them and ask why it isn't on the receipt?


normal
payxibkaMaleUkraine2011-07-25 22:24:00
K-1 Fiance(e) Visa Process & ProceduresKiev, Ukraine - Medical Exam

Good evening,

We are preparing to go to Kiev for medical exams prior to the interview, and I want to know if anyone has done this in Kiev and if you can give any insight. I understand what is required for paperwork, photos, KEV #, etc. My question is, can all of the medical exams be completed in the same day? Somewhere I saw that it was a two-day procedure. Is this true? I also understand that it's a first-come/first-serve process, with results being given on the day of completion around 3PM. Again, does this entire med exam process happen on the same day? After completion and payment, what are we given for results, paperwork and what is the exact next step? Do we take this info to the interview or before it?

Any and all info is very much appreciated!

Thanks!
n


one day, same day.. queue up early and results are available after 3 or 4pm that afternoon

you are provided a sealed envelope (dont open it) bring to interview

Edited by payxibka, 25 July 2011 - 09:20 PM.

payxibkaMaleUkraine2011-07-25 21:19:00
K-1 Fiance(e) Visa Process & ProceduresK1 & FM2/FM3
you can... two different processes with two different countries
payxibkaMaleUkraine2011-07-26 22:16:00
K-1 Fiance(e) Visa Process & Proceduresk-1 Address confusion
use a permanent address on the petition that is a place that will accept mail for you.
payxibkaMaleUkraine2011-07-27 07:22:00
K-1 Fiance(e) Visa Process & ProceduresVisa for minor child

I am not looking to refuse a father a right to visit with his child. I have a son myself and would hate to be denied his company...

It sounds like we are pretty much out of options with her minor child unless he changes his mind.

Thanks for the comments



My son's father was hesitant to give his permission... My wife and I discussed many options and both decided that we would not pursue a financial incentive to get him to sign. What we finally did and it worked, is that we reminded him that if he let his son go that his son would be eligible to become a US Citizen and once he is an adult has the potential to petition him to come and live in the USA. This was intriguing enough for him to let him come. Moral of the store, you gotta find the father's "sweetspot".
payxibkaMaleUkraine2011-07-27 21:48:00
K-1 Fiance(e) Visa Process & ProceduresVisa for minor child

It's 18 years old. The US Embassy/Consulate will not issue an immigration visa to a minor without the permission of both parents.


it is always good to know the correct answer before you jump..

I have a teenage stepson and believe me I am very certain of the requirements for him to depart the country. O personally live it each time we visit
payxibkaMaleUkraine2011-07-27 21:41:00
K-1 Fiance(e) Visa Process & ProceduresVisa for minor child

It's 18 years old. The US Embassy/Consulate will not issue an immigration visa to a minor without the permission of both parents.


Country specific answer and in Ukraine it is 16
payxibkaMaleUkraine2011-07-27 06:52:00
K-1 Fiance(e) Visa Process & ProceduresVisa for minor child

My fiance is from Ukraine and has a daughter who is 6 years old. Her ex-husband refuses to give permission for the daughter to immigrate to United States. He has been periodically active in her life and I am not sure if his refusal is out of love for the daughter or a last attempt to control my ex-wife's life. He has refused any offer to persuade him to change his mine (including money).

My fiance has been told it is unlikely she can win a court decision to allow her to immigrate with the minor because he always paid his required support and the courts are reluctant to terminate a fathers rights in Ukraine. I would agree with the courts if the father had been more active in his daughter's life, but now I honestly believe she will be happier here. I just don't know what can be done?

Anyone have any advice if the father continues to refuse to give permission?



Without permission or court action... nothing can be done until the child is 16
payxibkaMaleUkraine2011-07-26 22:13:00
K-1 Fiance(e) Visa Process & Proceduresmedical - xrays deferred... and then what?

Thanks for your response. I appreciate it! :)

I did read that actually, but I wondered, since it says "temporary exemption", how it works from that point on. I would hope the rest of the process would go as 'normal', but whether one would have the xray in the US and then forward it to USCIS, or... I don't know. I wondered if anyone had done it and what their story was.


the medical exam is valid up to one year... the "temporary" exemption would last as long as the medical is valid
payxibkaMaleUkraine2011-07-29 21:04:00
K-1 Fiance(e) Visa Process & ProceduresK2 Question

If the petition for a K1/K2 goes to USCIS before the 21st birthday of the K2 (who is soon to age out), will USCIS approve the K2... assuming all documents are okay?

Will the Embassy issue the visa regardless of the birthdate?

I'm wondering if it is possible for the K2 to be approved under these circumstances and be allowed to enter the US for 90 days since by the date of travel she will have aged out and whether she would therefore be able to enter the US but not be able to adjust status and instead leave before the 90 days is up?


USCIS does not approve K-2s the US Consulate's do. My guess is that even if a visa is approved, the validity of the K-2 would be set to expire on the 21st birthday not the normal 6 mos..
payxibkaMaleUkraine2011-07-29 21:10:00
K-1 Fiance(e) Visa Process & ProceduresQuantity of approval notices?

As far as I know this is the right route for the petition.

Good luck


not only the right route to the consulate... the ONLY route
payxibkaMaleUkraine2011-07-29 21:06:00
K-1 Fiance(e) Visa Process & ProceduresQuantity of approval notices?

No, my approval notice says that it has been forwarded to the consulate, not NVC. I have the NOA1 from March and the NOA2 from July, but when I called NVC the rep told me that I will have another notice that says forwarded to NVC. I already have the NOA2 but it says the consulate. Will USCIS send me another notice that says it is forwarded to NVC, even though they already said it has been forwarded to the consulate? That is the confusion that I got from the rep I spoke to. I'm already approved. I just don't know if I am supposed to see another approval notice after. That is what I was told.

Thanks!


No, USCIS will not send you another notice... however NVC will...
payxibkaMaleUkraine2011-07-29 06:29:00
K-1 Fiance(e) Visa Process & ProceduresBeginning the K1 Visa process.....

Hello Everyone,
I am sure this post has been written many different ways before, so I will at least attempt to add a little humor to make it a little easier. I am so glad that I found this website just as I am beginning the K1 visa process. This is an incredible community and I look forward to working with everyone here. Since I have a couple questions it seems that numbering them is the most efficient way to receive answers so I will go with that method.

My background info..
US citizen (no baggage)
never been married
have been living in Mexico for a year with Fiancee (teaching English) and will be here til December

My fiancee
Mexican Citizen (no baggage)
never been married
holds tourist visa to US

Hopefully this is a pretty forward case....We want to get married and live in the US and we would like to be apart as little time as possible..

#1 Is the K1 visa our best option?

#2 Is a lawyer needed?

#3 I can clearly begin my I-129F packet here, but can I send it to the US from here?

Thanks All....

Ps. Just remembered the humor thing, hopefully you guys can add some in your responses...


#1) maybe, if you want to marry in the USA.. otherwise you can marry in Mexico and file for a spousal visa directly to the consulate

#2) most likely not, however your choice

#3) yes
payxibkaMaleUkraine2011-07-30 15:47:00
K-1 Fiance(e) Visa Process & ProceduresAOS help from lawyer?

Yaaay! Thanks for the help. You've done more than just make snide comments and for that I thank you. That's all I was really wanting. Once again thanks!


certainly not snide comments... it took several posts before you finally came forward with sufficient facts to get help. next time when you have a question you might find it advantageous to lay out all the facts and the reason you have a question rather than just assuming your situation is unique and never been before
payxibkaMaleUkraine2011-07-30 16:24:00
K-1 Fiance(e) Visa Process & ProceduresAOS help from lawyer?

As I said, my situation is unique. I do not have a job, but I have more than enough assets and I also have income that is not counted as earned.


not that unique..
payxibkaMaleUkraine2011-07-30 15:26:00
K-1 Fiance(e) Visa Process & ProceduresAbout to start my journey...

Thanks for the answers everyone. Reading the responses has made me much more relaxed about the process and what's to come down the line.

Does anyone from Russia know about the process for the medical and what-not? I don't have a doctor here - will that be a problem? I'm still registered with my doctor back in the UK though - so any medical records can be requested I guess?

How will the process differ from if I was going to the American Embassy in London, if at all?


go to the U S Embassy - Moscow website... the list of approved doctors is listed. You do not need any medical records for the exam.

The process are different as each consulate sets there own procedure... You might even find Moscow easier than London.
payxibkaMaleUkraine2011-07-31 14:16:00
K-1 Fiance(e) Visa Process & ProceduresVaccinations for K1 Visa

Now I did my research and I quote this from the Department of State's website:

"K visa applicants are encouraged to get the vaccinations required under U.S. immigration law for immigrant visa applicants. Although such vaccinations are not required for K visa issuance, they will be required when adjusting status to that of legal permanent resident following your marriage. Applicants are therefore encouraged to fulfill these vaccination requirements at the time of the medical examination. SeeVaccination Requirements for IV Applicants for the list of required vaccinations and additional information"


I got a reply from the embassy saying that it is still needed. I already explained to them what the situation is. I think if they deny her for not having the vaccinations on her interview, my senator/congressman can probably reverse the decision since it's on the Dept. of State's website. Oh well..


Congress does not have that power...
payxibkaMaleUkraine2011-08-01 07:24:00
K-1 Fiance(e) Visa Process & ProceduresVaccinations for K1 Visa

I already emailed the embassy regarding this. I'm hoping to hear from them on Monday. Hopefully, I won't need to get my senator involved regarding this matter. Thanks!


If it gets to that stage, your Senator cannot get approved a visa that the consulate has determined is not approvable. The CO decision is the CO's decision and is not appealable.
payxibkaMaleUkraine2011-07-30 15:41:00
K-1 Fiance(e) Visa Process & ProceduresVaccinations for K1 Visa
technically speaking the K-1 does not have a vaccination requirement... however, not all consulates treat it that way. You will need to inquire with the consulate for how they deal with it
payxibkaMaleUkraine2011-07-30 07:53:00
K-1 Fiance(e) Visa Process & ProceduresDidn't meet in person

Actually, yes we do know that her fiance filed a petition. In her opening post she wrote, "After 5 months of communicating online he filed a petition for me..." A petition was filed and it will be denied. After the couple meets in person, a new petition can be filed.


or, that the OP BELIEVES that a petition has been submitted for her by her USC fiance' 5 months ago.
payxibkaMaleUkraine2011-07-31 13:50:00
K-1 Fiance(e) Visa Process & ProceduresK1 medical exam with a baby

I am about to schedule a medical exam for myself and my child. Does anyone have an idea what's going to happen/what to expect from the med exam with a 5-month-old baby girl? Just so we could prepare for it.

Any insights will be very much appreciated. Thanks!


Is the 5 mo. old getting an exam as well?
payxibkaMaleUkraine2011-07-31 06:37:00
K-1 Fiance(e) Visa Process & Proceduresmedical can be done in one day?
yes, many know
payxibkaMaleUkraine2011-08-02 07:03:00