ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresDoes Divorce Decree Need to be Certified?

usually, its a photocopy OF the certified copy, showing stamps/seals/clerks signatures (whatever certifies it).

Without showing a seal, expect an RFE, later. Usually.

Must show the certified copy on interview day, though - don't forget that one.


For the beneficiary maybe, but rarely for the petitioner
payxibkaMaleUkraine2010-09-28 06:21:00
K-1 Fiance(e) Visa Process & ProceduresJust wondering...answer please!


Using a tourist visa to come to US or any other country to get married and then settle down certainly is FRAUD


What is the problem here?

Your initial post missed a very important qualifier that I highlighted above... Entering on a tourist visa to get married is NOT fraud. Period. Using a non-immigrant entry and intentionally misrepresenting your purpose to use that entry is to circumvent US immigration law, is. If the CBP officer believes the alien has intent to remain, they will be immediately turned back and not be allowed in. If you are allowed in, it is because the CBP was satisfied of your intent. Nobody will have a failed AOS interview and the stated reason was immigrant "intent at entry. The issue of "intent" was satisfied at the POE and the US government will not change there mind on this issue, after the fact. If however, during your inspection process you misrepresented your intent, and you attempt to remain then you will fail, but it will not be that the alien had "intent to remain at entry" it will be MISREPRESENTATION

Edited by payxibka, 01 August 2010 - 10:37 AM.

payxibkaMaleUkraine2010-08-01 10:36:00
K-1 Fiance(e) Visa Process & ProceduresJust wondering...answer please!

If you read the OP's post, you can discern that 'destination wedding' was not what she was talking about. At least that's what I inferred from it


Inferring is not a good idea.... There is another active post where a USC filed an I-130 for her husband who is here in the USA. She was asking about the process of filing the I-485. People inferred and gave her proper advice about how to do it. Then it was asked what her husband's current legal status was. It was learned he "entered without inspection". All of a sudden, all of the good advice given based on the inference was absolutely wrong and potentially devastating (financially and procedurally) to the family.

Secondly, you must realize that other less astute people read these posts. If they read that marriage on a tourist visa is FRAUD. How do you suppose they will react, particularly if they had just done it themselves? If someone posts information that is incorrect or unclear, it needs to be corrected or clarified so others will benefit. Period.
payxibkaMaleUkraine2010-08-01 08:18:00
K-1 Fiance(e) Visa Process & ProceduresJust wondering...answer please!

I think you took my comment out of the context...I meant if you come to US on a tourist visa to get married and then settle (i.e. do adjustment of status) with your US citizen/resident husband or wife, that is fraud.

The OP showed no intention of having a "destination wedding". Also, I am also not sure how easy will it be to prove to USCIS that a US Citizen and a foreign fiance who came on a tourist visa, did so to have a destination wedding inside the US and then decided to stay and adjust status :)


Not out of context, but a literal interpretation based on exactly what you posted. So many people on this site say that marriage on a tourist visa is FRAUD, when it is not the act of marriage itself, but the act of intentionally misrepresenting a non-immigrant entry to circumvent immigration law.

Edited by payxibka, 01 August 2010 - 07:27 AM.

payxibkaMaleUkraine2010-08-01 07:26:00
K-1 Fiance(e) Visa Process & ProceduresJust wondering...answer please!

Tourist visa is for "visiting / tourism" ONLY. If your fiances comes to the US with the intention to marry you on a TOURIST visa, that is considered fraud. Period.


How is marriage on a tourist visa fraud? I think all the people who advertise "destination" marriages such as Las Vegas, Hawaii, et al.. would strongly disagree with you.... (FWIW, I thing the US government would also disagree with you).
payxibkaMaleUkraine2010-08-01 07:10:00
K-1 Fiance(e) Visa Process & Proceduresincome requirement

Hey,

http://www.uscis.gov...00048f3d6a1RCRD


Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?
No. The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA.


Good luck.


but the consulate has the ability to decide locally however they want... so this may not always be true worldwide...

moving to consulate forum
payxibkaMaleUkraine2010-09-29 06:23:00
K-1 Fiance(e) Visa Process & ProceduresWe want to fire our attorney. Please advice!

Hi everyone. We have hired an attorney to work on our application which he filed on 3rd Mar and our interview date is already fixed. But we are not satisfied with his performance and intend to fire him. We affraid if he can cause any problem in the process! Do you think he can influence the final decision? Have you heard of such experience?


Why do you think your lawyer would put his/her reputation, licensing and career at stake for the small fee he/she collected or is owed by you?
payxibkaMaleUkraine2010-09-28 06:59:00
K-1 Fiance(e) Visa Process & ProceduresMedical Examination

Hey everyone, been stalking on visa journey for a while but this is my first official post.
I am "lucky" enough to be a June filer at CSC and like everyone else waiting is my main occupation right now, so i have decided to get as much stuff ready before that NOA2 arrives so there is a little wait as possible due to gathering documents etc....

basically i was just wondering what time should i go to have my medical examination? can i go do that now before we have even received the NOA2 or is this something that must be done closer to the interview date?

thanks heaps!

Brad.


Most clinics require your consulate case # (which is different than your USCIS case number)...
payxibkaMaleUkraine2010-09-29 21:21:00
K-1 Fiance(e) Visa Process & ProceduresForm G325-a

Good morning, afternoon or evening wherever you may be. My fiance and I are filling out the G325-a form that is required for the I129-f form. We do not have a case number yet since this is the first thing we file. Should we just put none in the box? Also, for alien registration number, what do we put there? Just want to make sure everything is filled out perfectly.

Thanks for your help.


I do not see on the g-325a where it asks for a case number.... "A" number would be NONE as one has not been assigned yet
payxibkaMaleUkraine2010-10-05 07:00:00
K-1 Fiance(e) Visa Process & ProceduresNeed for son to join us

It would seem that way (it IS that way) but our son Pasha received a letter for an interview and went with us for Alla's interview. He was scheduled for an interview after Alla, but they said for him to come on in. They didn't ask him anything and approved him, so it was a "non-interview interview" Sergey had no interview at all. In theory anyway, there is no need for an interview at all, but sometimes they do schedule one.


Your just special I guess... :)
payxibkaMaleUkraine2010-10-10 07:35:00
K-1 Fiance(e) Visa Process & ProceduresNeed for son to join us

Almost ALL K-2s receive a green card without an interview.


Well of course... A K-2 adjusting to resident is automatically approved if the K-1 adjustee is approved. A K-2 adjustee to resident is automatically denied if the K-1 adjustee is denied. That does not leave much in between.
payxibkaMaleUkraine2010-10-08 17:43:00
K-1 Fiance(e) Visa Process & ProceduresNeed for son to join us

We need some advice here. When my fiancé and I returned to the US we left her son in Ukraine to finish school. Her son was not included in the K1 visa application although documented as her son with birth certificate. Strangely enough there was no interview prior to the issuance of her green card. My wife has her two year green card now and her son, age 17, has finished school. What is the process and for us to bring him over at this time?


if it has been less than a year since the k-1, you simply contact the consulate and for k-2 follow to join.
payxibkaMaleUkraine2010-10-07 21:11:00
K-1 Fiance(e) Visa Process & ProceduresIs this enough evidence for a K1 visa?

Hello everyone! I am new to the forums. My name is Eve and my Peruvian fiance's name is Miguel. I met him in August 2008 when I was in the country doing charity work and we have been in love ever since.

I have since returned to the country twice, summer 2009 and summer/fall 2010, to see him. I am currently in Peru but will return to the US at the end of the month. I am working on organizing everything right now but am concerned about assembling the evidence for having met in the past 2 years as well as evidence of an on-going relationship.

For proof of having met in the past 2 years I have:

-Passport stamps for all three trips
-Itineraries for the last two trips (I am missing the itinerary for the first trip)
-A press release from my university about the first trip (it was a major grant)
-Photos from 13 separate occasions spanning the 2+ year relationship (I will take more before leaving)
-A joint 2-month "lease" on an apartment, but it is really just an informal document from my landlord

I am mainly concerned that I don't have any boarding passes and am missing the itinerary from the first trip (and thus would substitute the press release to prove I went to Peru in summer 2008). I also wonder if other people have photos from more occasions?

For proof of an on-going relationship:

-Lots of Peruvian phone card records, but I only started using phone cards around December 2008
-Roughly 10 emails from him spanning the 2+ years, more from me
-Money orders for him starting in October 2008
-Hand written love letter from 2009

Is this evidence enough? I am worried about not sending enough and getting an RFE but I am not sure what else I could send!!!

Thanks!



For the USCIS, you need documented proof of just ONE face to face meeting within the last two years, not documented proof of the entire span of your relationship. You can always submit more but if you prove one, your done.

A press release announcing a trip is not proof you went, nor is it proof of meeting.

Edited by payxibka, 12 October 2010 - 06:43 AM.

payxibkaMaleUkraine2010-10-12 06:42:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Help

Hello my name is Amanda and I'm at the process of finishing up my I-129 packet. This is going to be a dumb question and more than likely I'm just over looking it, but does anybody know who you're supposed to make the moneyorder out to. It's driving me nuts and I've been looking for two hours. If anybody knows and could tell me that would be greatly appreciated thank you so much.


Where have you been looking? Page 5 of the form instructions under the heading WHAT IS THE FILING FEE
payxibkaMaleUkraine2010-10-13 22:13:00
K-1 Fiance(e) Visa Process & ProceduresFinancial Info

Thanks.

Does anyone know about the bankruptcy question?


it is all about income and not credit worthiness...
payxibkaMaleUkraine2010-10-14 06:05:00
K-1 Fiance(e) Visa Process & Proceduresbirth certificate question

can i have the birth certificate translated out side of US? i heard it's cheaper outside of US. And plus my gf's birh certificate is with her...

if so, what do i need to prove that it's legitimate? like getting notirized?

how much copies do i need?

thank you


you can have the BC translated anywhere you want... it simply needs be certified by the translator that they are competent in both languages
payxibkaMaleUkraine2010-10-14 06:37:00
K-1 Fiance(e) Visa Process & Proceduresmet within the last two years

Greetings Forum

I am a new member, just beginning to look into the process of getting my fiancée a K1 visa to bring her to the US and marry her. She is English. Currently she is finishing her degree in the UK. We met in December of 2009 while travelling in a third country. She will not be finished her degree until May 2011, we will then go travelling once again and wont be back in the US to begin the process until the beginning of 2012, when it will be beyond two years since we met. How strict is this rule? Does any one have any advice? I appreciate all your input and will continue to read through this forum to see what other helpful hints every one has had from their experience.

Thank you very much
Zac


reread the requirement... it is not as you have interpreted.. as long as the last time you were in each others presence was within the previous two years prior to filing the petition you meet the requirement
payxibkaMaleUkraine2010-10-13 20:01:00
K-1 Fiance(e) Visa Process & ProceduresNOA2 approval now what..

I got my noa2 finally i am so excited took them long enough..i was reading the letter and it only gives me 4 months but my consulate gave me the interview date for june 2011 should i contact uscis or the consulate or nvc??i am confused..


USCIS is finished with your petition and turned it to the department of state... for scheduling for a K-1, the consulate is in charge....
payxibkaMaleUkraine2010-10-14 22:07:00
K-1 Fiance(e) Visa Process & ProceduresThe address on the Cover letter?

Just like previously, we have problem with the address ... which address do we put on the cover letter? People suggested that we use the Vermont address on the Letters of Intent, so do we put the same address on the Cover letter as well, or do we use the new Texas address?

thank you for all the help


What does it matter... why do you need an address on the cover letter at all? It certainly is not required....

FWIW, do you honestly think that if you put the Dallas address and when it goes to VSC they won't process it? Or if you put the VSC address on it when it gets to Dallas they won't forward it? This is all much ado about nothing.
payxibkaMaleUkraine2010-10-14 07:05:00
K-1 Fiance(e) Visa Process & ProceduresC1/D Visa can I still apply for K1????

The k1 and c1/d visa are for completely separate purposes it just so happens my employment situation may require me to have a c1/d visa


having a c1/d visa does not preclude you from applying for a K-1. However, once you are in the USA as a K-1, you will be precluded from re-entering the USA (should you depart) until such time as you have the required documents for re-entry... (ie advance parole or greencard). Once you are a resident of the USA you will no longer require the c1/d visa
payxibkaMaleUkraine2010-10-15 06:02:00
K-1 Fiance(e) Visa Process & ProceduresBirth Certificate error?

Ok, I am working on a K-1 Fiancee Visa and have a little (?) problem with my birth certificate. My first name is "Russel" on the birth certificate, but is "Russell" on my Passport. I have used "Russell" my entire life and was a little surprised when I saw my birth certificate the first time. So, is this a serious problem? Do I sign and use "Russel" on the forms? Do I include "Russell" as "..Other Names Used.." on G-325A?

Thank you

-Russ


don't worry about it..Russell/Russel is not a problem. When you sign your forms just use you signature as you do every day... however that is.

FWIW, in my signature despite having 13 characters in my name, when I sign you might actually able to read 3 letters as the rest is all scribble..

Edited by payxibka, 14 October 2010 - 07:16 AM.

payxibkaMaleUkraine2010-10-14 07:15:00
K-1 Fiance(e) Visa Process & Proceduresemployment information on G325 a

I have a problem ... i need to put where i have worked in the past and the problem occurs in the part that... i am an archaeologist and when i work, its temporary jobs, without insurance or any other evidence because its how the system is here. Now, i also have worked in other places but i was never insured so all the time i was held as unemployed at the national center. How can i tell i have been working when i am not in the system? :( So honestly, i put down that i have been unemployed for some time, between the studies. Turns out that i havent worked at all ... and i have but i cant prove it :( anyone have some advice for me on this part?

thank you


what system are you referring to that you are not in?
payxibkaMaleUkraine2010-10-15 06:13:00
K-1 Fiance(e) Visa Process & ProceduresK1.Overstayed.Went back home.K1 again.

Here's the situation of a friend. She came to the US on a K1 Visa last June 2006. They did not get married with her fiance but stayed in the US at some relative's house until February 2007. Some issues include age gap, the guy being in his 50's and my friend was only 19 yrs old and she was not ready at all to get married then. But obviously, she overstayed because legally, you only have 90 days to be in the US unless you got married.

Now it's 2010. The communication is back between the two of them. To make it short, the love and care is still there, the guy is visiting her again in the Philippines and wants to file another K1 petition for her. I know this road does not look smooth at all considering the issues mentioned. But on the other hand, there MIGHT still be hope. That's why I'm posting this message to seek advice and suggestions on the best approach to do. For sure with the issues they've had, it'll be more than a red flag for the embassy and for the US immigration team.

Thank you and looking forward.


If she accumulated more than 180 days of overstay then she was subject to a 3 yr re-entry ban, however, that is probably a moot point because it has been more than 3 years since she left.... So this should not be a complicating matter for her....

The USCIS should have no issues approving the petition... they will need to build a strong case for a bonafide relationship for the consulate in order for a new visa to be issued.

Edited by payxibka, 02 June 2010 - 09:49 AM.

payxibkaMaleUkraine2010-06-02 09:48:00
K-1 Fiance(e) Visa Process & ProceduresShould we get married or Fiancee?

Well, is not a hope, I'm American with a B.S. in International Affairs, he is a B.S. in Computer Science and a MBA, so i suppose that if having a job is a requirement we both may get at least something at McDonalds right?

My question was more focus on: Should i have previous record of employment in the USA or it is enough with me getting a job just before bringing my BF to US?

Regards


With 10%+ unemployment it is "hope" in the short term.

You need to establish ore re-establish US domicile. One of the ways is to have a job or at a minimum have a job offer.

No job (income), no assets, no co-sponsor, no visa

Edited by payxibka, 02 June 2010 - 03:40 PM.

payxibkaMaleUkraine2010-06-02 15:35:00
K-1 Fiance(e) Visa Process & ProceduresShould we get married or Fiancee?
The "hope" of a job in the future is not sufficient.
payxibkaMaleUkraine2010-06-02 13:26:00
K-1 Fiance(e) Visa Process & ProceduresEntering on VWP without using K1 Visa

Can they force her to use the visa immediately.



Some canadians have been successful in this but it seems limited. Since you mention VWP it would appear she is not Canadian. So, Yes they can force her.... the outcome will likely be to refuse entry or admit as a K-1.

Edited by payxibka, 02 June 2010 - 04:20 PM.

payxibkaMaleUkraine2010-06-02 16:18:00
K-1 Fiance(e) Visa Process & ProceduresAdjudicated???

I am at the NOA1 stage and on my timeline it says Based on timeline data, your I129f may be adjudicated between August 22, 2010 and September 3, 2010*. I know this is just a estimated time. However does this mean this amount of time until NOA2 or until the process is done?


Just the I-129F....
payxibkaMaleUkraine2010-06-02 20:07:00
K-1 Fiance(e) Visa Process & ProceduresPOST APPROVAL NOTICE
USCIS knows where your file is... if they don't they can find it. If it is not still at CSC then it could only have gone to one of two places, NVC like it should have or to permanent storage by mistake. Call the USCIS and make a service request to locate your file.

Edited by payxibka, 03 June 2010 - 06:23 AM.

payxibkaMaleUkraine2010-06-03 06:23:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support

So I am brand spanking new to this process and am most concerned about the Affidavit of Support (I know, I know, everything else is just as worrisome. . . ) My fiance is in France and makes decent money (more than me!) I am a graduate student with a part time job who makes okay money (I am pretty poor). What is it they are looking for? How rich do I have to be? Can anyone keep my head from exploding?

Help! Help!


Eventually it will be 125% of the poverty line for the size of your household... google I-864P
payxibkaMaleUkraine2010-06-03 16:37:00
K-1 Fiance(e) Visa Process & ProceduresI-134 when does sponsor's resp. end?

Darnell, thanks so much I think I've figured it out and that's a great suggestion. Just for clarity, if we use the asset method:

1) is it a one-time check at the point of AOS filing, or do they continue checking it?
2) would the household income requirement for 2 people be $60k? and would that be all that i need to be the sole sponsor?

Thanks to anyone who can help!!


1) one-time check... no further updates required

2) if the 125% of the poverty level for your household is say $25,000, then $75,000 in assets (required income amount *3) is required in lieu of income.
payxibkaMaleUkraine2010-05-04 09:02:00
K-1 Fiance(e) Visa Process & ProceduresI-134 when does sponsor's resp. end?

To add on to what Penquin_ie posted:

With the 864 -

- however, death of the sponsor does not end the responsibility, the sponsors estate can be accessed to provide support.


Bobby,

According to the I-864:

The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States. Divorce does not end the sponsorship obligation.
payxibkaMaleUkraine2010-05-02 09:39:00
K-1 Fiance(e) Visa Process & ProceduresDivorce Certificate

I recently obtained a divorce certificate from my local courthouse. It has the stamp and the seal and all that. I scanned it and sent a copy to my fiancé to include with the I-129F package.

Will that suffice, or will USCIS require an original to see that paper stamp thing? I know I will need to bring my "original" copy to the consulate, but I'm just not sure on the I-129F package.

Thanks in advance.


regular photocopy/scan of the certified document is all the USCIS needs....
payxibkaMaleUkraine2010-06-03 14:11:00
K-1 Fiance(e) Visa Process & Proceduressignature on what?

Do we need to sign copys of birth certificates, or invoices or the pages with the boarding tickets too?


NO
payxibkaMaleUkraine2010-06-04 20:30:00
K-1 Fiance(e) Visa Process & ProceduresK1 kids birth certificates

I already asked this & no one answered so I am trying again
1.)If the fiancee in the foreign country (Mexico in this case) has 2 children but never married their father, does she need to show proof she was never married? What proof would be acceptable?
2.)Her first son has his fathers name on the birth certificate he is 13. (dad will sign for passports etc...no problem here)
her 2nd son age 9 has the same father, however he is not listed on the birth certificate since her boyfriend abandoned her before his birth (not very nice)
Anyway, should she update/ammend his birth certificate to show his fathers name? or will this not be a factor in Cd. Juarez Consulate, Mexico?


PI requires it for the consulate interview but no proof of never married for the USCIS or for the US consulate at CDJ that I am aware of...

father's name or lack thereof on the BC does not matter... in fact in some cases it would complicate things...

Edited by payxibka, 04 June 2010 - 09:03 PM.

payxibkaMaleUkraine2010-06-04 21:02:00
K-1 Fiance(e) Visa Process & ProceduresK-1 fee increase at Paris Embassy

Hello to anyone getting their K-1 visa thru Paris. My fiance just received a phone call from the embassy to inform him that the fee he must pay now -before his interview- is 287 euros. It was 98.25 euros yesterday. :((( Lucky for us the prices increased June 4th.


Fee increase is WORLDWIDE.....
payxibkaMaleUkraine2010-06-04 20:46:00
K-1 Fiance(e) Visa Process & ProceduresChange of fee for K1 Visa as of June 4th

The K1 Visa fee of USD $131.00 has been changed to USD $350.00 as of Friday June 4th.

I had my interview on June 4th and had to pay the new fee.


There are about 30 different threads on this topic.... this fee is a change worldwide....
payxibkaMaleUkraine2010-06-05 13:39:00
K-1 Fiance(e) Visa Process & ProceduresChild on DS230, but may not be able to go..

Thanks ymmv,
Can I put her on 31B even if she comes to the interview with me?


absolutely
payxibkaMaleUkraine2010-06-06 06:59:00
K-1 Fiance(e) Visa Process & ProceduresChild on DS230, but may not be able to go..

Dear Vjs
My 18 years old daughter will join me at the interview but will travel on a later day (3 months later) because of her studies.
On form 230 question 31A and 31B..What should I write?


just put her name in 31b....
payxibkaMaleUkraine2010-06-05 09:58:00
K-1 Fiance(e) Visa Process & ProceduresWhich Embassy in Turkey to file K-1?

The Istanbul Embassy takes non-immigrant visas, and immigrant visas can only be done in Ankara. This should be an obvious question since the K-1 is a non-immigrant visa, but all reviews on this site that I found are for Ankara and not Istanbul and that caused me some concern since I need to list the embassy on the i-129f petition and Istanbul is more convenient. The Ankara website is not clear and actually confuses the issue some. Any help would be appreciated.


Does not matter which consulate you list on the I-129f. If the consulate you list does not process the visa, the Department of State will change it to the one that does that has jurisdiction over your fiance(e)'s place of residence. So even if you list Istanbul, they will change it to Ankara as Ankara has jurisdiction over all of Turkey for the "K" visas.
payxibkaMaleUkraine2010-06-02 15:31:00
K-1 Fiance(e) Visa Process & Procedureshow to contact the DOS online
cannot
payxibkaMaleUkraine2010-06-05 18:37:00