Forum	Title	Content	Member	Sex	Country	Date/Time
K-1 Fiance(e) Visa Process & Procedures	Is this ok to do?	He/She said after they get the visa. What happens if you get denied the VISA, and your items are in the US?	athena_ny	Female	Peru	2007-03-14 06:56:00
K-1 Fiance(e) Visa Process & Procedures	fee waiver	IMHO, I doubt it's very likely. I haven't heard of many people trying for it (none at all, actually), but I highly doubt the government would waive the fee without a SUPER good reason (and just like for hardship, "not enough money" isn't usually a good reason). Besides, we know how they want their money. Has anyone in here tried to get a fee waiver when filing the different forms? I know you can apply for one through the Dept. of State (at least that's where I read about it) but I don't know how likely it is. I am the petitioner, but will have a sturdy co-sponsor as I am a Peace Corps volunteer with no claimable income. Sooo, it shouldn't hurt my chances to get my fiance to the states, but given the possible new rate increases, we won't be able to afford them. If anyone knows anything, I'd appreciate it. Thanks Sue	athena_ny	Female	Peru	2007-03-14 14:27:00
K-1 Fiance(e) Visa Process & Procedures	Tranlating documents	You can do it yourself, but you need a statement on it that you're competent in the language and fluent, etc (there's an example in the guides but I can't find it) with your signature, etc. As for the birth certificate, ANY non-English documents must be translated like it says. So yes, it must be translated. I have not yet send out my I-129. Im still gathering all information. But when I read the package, it states that all non-English documents must be translated in English. (such as emails, birth certificate from her) Can I do this on my own since I am also fluent in Spanish or do I need some one else to do it for me to reduce suspicion for them? Any tips before I send it out? Please, anything will be appreciated. Does her birth certificate need translation?	athena_ny	Female	Peru	2007-03-14 06:59:00
K-1 Fiance(e) Visa Process & Procedures	-newbie question- official Fee chart?	I think H1B the only real dual intent visa ... but I could be wrong. 1. More or less, it takes about the same time regardless. 2. There are fees for different forms, all the fees are listed here: http://www.uscis.gov...00045f3d6a1RCRD 3. Ok, this is a little tricky. For most visas, you can enter the country and get married and file for adjustment of status IF you don't enter with the intent to marry. I think there are certain visas that are dual intent that allow you to get married anyway. 4. Most people here file the petitions themselves. Unless you have complications in your case an attorney or agent is not nessary. Normal fees seem to be $1000+ but it varies.	athena_ny	Female	Peru	2007-03-14 16:55:00
K-1 Fiance(e) Visa Process & Procedures	-newbie question- official Fee chart?	My husband is the same way...extenuating circumstances kept him in the USA then he met me, and if it weren't for me, would have gone back to Peru as soon as what has kept him here was cleared up. So I hope no one gets offended, to me, it's understandable. (As as aside, we live in FL too.) You CANNOT use the B2 to get into the country with intent to immigrate (which would be what you'd be doing). You need to go through the K1 process. Unless you're already married (I'm not clear by your post whether you realized before you got married what it entails or after...if you are already married, it's the K3 you need to look into). I'm not sure on the current fees for K1 but in October they're going up to over $1,000 (and then AOS is another lengthy expensive process as well...). I'm sure someone else can provide you with more numbers and info, but good luck! hi fellas... i just jumped aboard, hope you don't mind.... i'm from argentina and last year i bumped into a very nice girl from florida, at a disco, and then... -insert incredibly cute love story here- anyways, she's now here and will be staying until august, and then she must be back, and of course i wanted to go along, just to be with her. we figured, for some reason, that just "getting married" would instantly give me the right to live and work there. we had no idea i'm just now finding out how much work, stress and patience it takes to be with a loved one. ironic, since the u.s. of a. would really be the last place on earth i would choose to live in, had i not met her (please, americans, don't take it personally . alas, here i am, another one of you. now for the real questions, if any of you would be kind enough to answer: 1) after some research i've decided to go for the K-1 visa, since it seems to take a little less time in general, and involves less paperwork, am i right? 2) i can't find anywhere and official source for the fees involved in the whole process, specifically the ones involving the K1 visa. could anyone provide the link where i can find this info? 3) just last october i got a tourist visa, they gave me a 10 year B2. do i still need to apply for the nonimmigrant visa, and hence pay the $100 again? 4) i've seen some sites offering their services to do the whole process for you. has anyone tried them? are they worth it? aprox. how much more would it cost? my apologies if these questions have been answered a million times before, but i searched a bit and couldn't find that info. well i think that's all for now. i'm now still shocked and a bit scared at the (visa) journey that awaits. so long, and welcome me aboard... joaquin	athena_ny	Female	Peru	2007-03-14 16:50:00
K-1 Fiance(e) Visa Process & Procedures	Translation	A lot of people on VJ have done it themselves with no problems. If I recall correctly it does exclude him. Actaully he could do someone elses but not his own. They do not allow the translation to be done by the petitioner or the benificiary but any other person who will state they are proficient is ok.	athena_ny	Female	Peru	2007-03-16 07:28:00
K-1 Fiance(e) Visa Process & Procedures	What To Do If Your Fiance Is Already In The USA	Yes, along with the I-130 petition for alien relative and if you choose, the I-765 (employment authorization) and I-131 (Advanced parole, for traveling outside the country before receiving green card ... my husband's overstay was enough that it probably wouldn't help him anyway, and it's not like he has the money to go anywhere so we didn't apply but some people do) nvm, I looked a little more into it, but another question... After we are married, the next step is to fill out the I-485, correct? Edited by meow mix, 15 March 2007 - 04:33 PM.	athena_ny	Female	Peru	2007-03-15 16:32:00
K-1 Fiance(e) Visa Process & Procedures	What To Do If Your Fiance Is Already In The USA	As far as bringing over her daughter, read here - I'm not sure, but I think your fiance would have to get her permanent residency first. (As a total aside, my husband is from Lima ) the date her visa expired will not make any diffrence to her doing AOS.... You need to be married and then file for the AOS paperwork... that will put her back in status while it is being processed.... she MUST NOT LEAVE THE US or she will be banned for 10 years.... start the AOS and get things sorted.... a visit to a immigration lawyer to go over everything would help too... I came on a VWP/tourist visa and got married and stayed... I have had my greencard since Nov 2005... so yes it can be done and there is nothing illegal about it... Yes there are risks in doing it this way but for the OP's wife to return to her home country would make things 100 times more complicated than just having to file for a K1 or K3... because of the overstay she would be denied and then have to file for a wavier to overcome the ban before she could be givenany visa to re-enter the USA... Good Luck Kez	athena_ny	Female	Peru	2007-03-08 14:30:00
K-1 Fiance(e) Visa Process & Procedures	What To Do If Your Fiance Is Already In The USA	You are not doomed. Go to the AOS forum and search "overstay". Plenty of people adjust status as overstays. My husband's I-94 expired in 2002 (I'm not going into why he stayed, it's a long story and I'm at work), we married and are now adjusting his status. As long as your marriage is real and she didn't enter the country with the intent to marry on a tourist visa (which, since you said you met her here, I doubt she entered with intent). It will not be a miracle to get approval. She cannot leave the country if this is the path you choose to take. As it stands, there would be a 10 year ban in place, and her visa would get denied and waivers would have to be filed, etc etc. This is not the preferred route, but it IS legal even though people here will tell you it is not. Best of luck in whatever you decide to do. Ok, I just got finished talking to her, and boy.... am I kind of freaking out right now. It seems that she has overstayed her welcome by a while, I didn't get the exact date, but I am sure that is irrelevant due to the year of expiration, 2004 Wow... At first I was happy to find this forum, but now, I am a little upset that I know the truth now. From the way everyone has been talking in this thread, it looks like we are doomed. Does anyone have a possible solution, if there is one... , please help	athena_ny	Female	Peru	2007-03-08 11:12:00
K-1 Fiance(e) Visa Process & Procedures	What To Do If Your Fiance Is Already In The USA	If he met her here, overstay and unauthorized work are generally forgiven by marriage to a USC. It wouldn't be a miracle for it to be forgiven. Has her visa expired? If so, she needs to return home as soon as possible and then you can begin the proper process. You can marry before she leaves, but she'll still have to go. The K1 (fiance) is going slightly faster than the K3 (spouse), so you might want to tell her to go soon, as much as it sucks, and wait to marry until later. Second question - IF it has expired, how long ago? 180 is the magic number: if she has overstayed by more than 180 days, then that's going to be a much bigger problem, requiring extra paperwork. If it has been less than 180 days, then have her go now and get cracking on that proper paperwork. She shouldn't face a ban of a set number of years (which she may for more than a 180 day overstay), and you shouldn't face too many hurdles extra from the rest of us, if any. (p.s. don't get married, have her stay, and hope for a miracle. there's no amnesty process right now. don't chance it. you can't fight city hall. get square with the legal process ASAP.)	athena_ny	Female	Peru	2007-03-08 08:41:00
K-1 Fiance(e) Visa Process & Procedures	yikes, this is all so new and confusing!	It's not up to the CBP officer to find out if you really are married in your country - if it walks like a duck, and talks like a duck, it must be a duck, right? Even if it's really a cat. Are you referring to the K1 visa? I don't Technically, you could do a ceremony in Korea first but if the officer at the POE suspects he's already married, even if the cermony wasn't legally binding, you run the risk of him not being granted admission. oops, k-1, yes..i'm thinking of several things at once.^^ hrm....good to know they might look on that with suspicion..thanks. They may or may not, but the bottom line is - if he isn't married, then he isn't married. Wearing a nice suit and eating a particular kind of cake doesn't make you legally married in this country. Make sure you leave out any legal processes that would make a Korean ceremony legally binding and you should be fine. Having gone that route (having two ceremonies... a non-legal one in my husband's country, and a legal one here), I would recommend against it. It is much easier to prove to anyone that you ARE married than it is to prove to a suspicious CPB agent at the point-of-entry into the US that you aren't. People have been turned around at the POE and sent back because of this. This process has enough worries and headaches to it without adding to them oneself unnecessarily. Just my opinion, Best wishes to the OP, Maya	athena_ny	Female	Peru	2007-03-19 14:38:00
K-1 Fiance(e) Visa Process & Procedures	yikes, this is all so new and confusing!	Most of the time on these boards it's suggested that if you go that route, make very sure not to wear rings, refer to each other as husband or wife, etc etc until the legal marriage takes place. Are you referring to the K1 visa? I don't know what an H1 (other than an H1B) is, so I'm going to assume you mean K1. Technically, you could do a ceremony in Korea first but if the officer at the POE suspects he's already married, even if the cermony wasn't legally binding, you run the risk of him not being granted admission. ..hello! i'm new to this forum..i've been with my fiance for 6 years, and we've just decided to get married. XD it's been long-distance for the last 2 years, as his student visa expired and he had to go back to korea. we've only been able to see each other 1 or 2 times a year, at great expense. we're about to start the h-1 visa application process, and i'm wondering if anyone has any advice on getting through all this smoothly? ..i also have some questions--1. i know he can't come here for a visit before the visa is granted, but what about me? am i allowed to leave the country? his father is in poor health, so there is always a chance that i would have to attend a funeral. 2. we're planning on having a ceremony here, and one in korea. i know the one in the usa will have to be the official, legal one, but would we be able to have an unofficial ceremony in korea before the h-1 visa was granted? or after it was granted, but before he comes over here? anyone else who is having this issue? good grief, this is such a pain in the @ss to try to organize. i'm used to the long-distance thing, but i'm ready for that part to be OVER. >_< ~stephanie oops, k-1, yes..i'm thinking of several things at once.^^ hrm....good to know they might look on that with suspicion..thanks.	athena_ny	Female	Peru	2007-03-19 13:52:00
K-1 Fiance(e) Visa Process & Procedures	yikes, this is all so new and confusing!	Are you referring to the K1 visa? I don't know what an H1 (other than an H1B) is, so I'm going to assume you mean K1. Technically, you could do a ceremony in Korea first but if the officer at the POE suspects he's already married, even if the cermony wasn't legally binding, you run the risk of him not being granted admission. ..hello! i'm new to this forum..i've been with my fiance for 6 years, and we've just decided to get married. XD it's been long-distance for the last 2 years, as his student visa expired and he had to go back to korea. we've only been able to see each other 1 or 2 times a year, at great expense. we're about to start the h-1 visa application process, and i'm wondering if anyone has any advice on getting through all this smoothly? ..i also have some questions--1. i know he can't come here for a visit before the visa is granted, but what about me? am i allowed to leave the country? his father is in poor health, so there is always a chance that i would have to attend a funeral. 2. we're planning on having a ceremony here, and one in korea. i know the one in the usa will have to be the official, legal one, but would we be able to have an unofficial ceremony in korea before the h-1 visa was granted? or after it was granted, but before he comes over here? anyone else who is having this issue? good grief, this is such a pain in the @ss to try to organize. i'm used to the long-distance thing, but i'm ready for that part to be OVER. >_< ~stephanie	athena_ny	Female	Peru	2007-03-19 13:48:00
K-1 Fiance(e) Visa Process & Procedures	How does getting a work visa compare	K1s have the chance of skipping the interview altogether - student, tourist, exhange visitor...you will always have the interview. And visa fraud is the whole reason we have to go through this, so I see no reason why we shouldn't stress its importance. If we were talking about getting a J1, B1/B2, F1, or L1 with the intent of marriage - it WOULD be fraud. That's a good percentage of the visas out there for people to get. The H1B has dual intent - you can immigrate with it (whether you wind up marrying or your job sponsors you) so yes I agree people should know a little more about the visa before they yell THAT'S VISA FRAUD! But yeah, you enter on a non-immigrant visa and marry within a month or two and it raises some red flags and you have to go the extra mile to prove that your intent when you came into the country was not immigration. My husband (an overstay) and I didn't even meet until 2 years after he entered the country and we still have to prove that he didn't intend to stay here (which is funny, because he'd rather have stayed in Peru than be here). I'd rather be extra careful with the visa fraud stuff than be flippant about it and make a major mistake that results in a denied AOS application. While the government had made being together difficult, it's due to major abuse of the system so I can't really blame them. J1 is an exchange visitor visa, not a work visa, per se. We are discussing work visas, such as the L1 (non immigrant intent necessary) or the H1B (dual intent). If you got a J1 and married within 2 months, well at your interview you'd probably be looked at a little closer than someone who came on a K1. Also, a lot of J1s have a 2 yr residency requirement. You're the only one comparing J1s and K1s So I'm just about to send off my I-129F Petition for a fiancee visa and was wondering... if my fiancee could (I realize it's difficult but possible) get a job in the States, how would this compare to the K-1 fiancee visa? For example, if she was working in the States could we get married and then could she remain there? Does that make it much more complicated? I was just thinking about the different options and want to make sure I'm doing the right thing. Any thoughts would be appreciated Cheers The suggestion you're making is considered to attempt visa fraud. If your fiancee was to come here on a work visa and THEN you two had met after her arrival, that would be a completely different story entirely. Since you two do know each other and are engaged, I think you would have to create a ton of lies to say how you've actually met in the last 2 years, etc. Getting caught lying on the visa application would quite possibly get the visa denied. I know it's a long process. Some thinks are just worth the wait to do it the right way. I would consult an immigration attorney if you really wish to find out other alternatives. If the fiance is here on a valid, legally obtained work visa, there's really not going to be a problem unless someone had the ability to fabricate an entire US corporation that could obtain the work visa and no employment actually existed - which I'm going to go ahead and assume is no where NEAR what the OP is asking about here. And I'm not sure what the met-within-2-years requirement has to do with the work visa question. All they have to have done for the K1 is to have been in the same geographic place together within the last 2 years. Not met as in formally introduced to each other, etc. And that requirement is for K1 which presumes the fiance is not currently present in the US. If the fiance were legally present under a valid work visa, then there'd be no K1 process, just an adjustment of status. What the OP is talking about is not an attempt at visa fraud. A relationship with an American does not foreclose a foreign citizen's ability to seek a work visa to obtain employment. There are plenty of requirements and checks for legitimacy under those visa application procedures. We're trying to compare apples and oranges without the benefit of formal agricultural training, if you follow my analogy. Honestly guys I do not see what all that fuss is about! Is everybody trying to tell me that if I get a work visa and marry within 2 months after I arrive there this is visa fraud? I have been to the states twice on a J1 visa and I have not heard of being issued a limited number of it. And I know 2 people who entered on a J1 visa got married and filed for AOS and it was fine. I was intending to go again for J1 this summer and see my boyfriend(now fiance).What if he propposed to me there and we got merried?Is this a fraud?How could they know what your intentions were? And it is not true that the waiting period is the same - it is exactly the opposite - the whole process of J1 takes appr. 3-4 weeks. So there's no point in comparing them. I would do it again honestly (if there were not other circumstances )- but think about it - u r legal to work for 4 months, u have a job and if u do not like it u can leave and find another one (not like H visas). So I do not agree that everyhting else is a visa fraud. Ok, J1 is an exchange visitor visa but u can legally work on it. And the one I was with was not subject to the two year residency requirement. What do u mean I would be looked at closer? I am legal, I am married, I live with him, I have a job, my documents are fine, I wouldn't say I intended to marry him when I entered US... If that's not enough provide an affidavid stating u did not have that intention. I relly do not think that the significance of the visa fraud staff should be so much enhanced. And last does it matter what type of visas we compare?Aren't we talkin about entering legally on another type of visa and then getting married?	athena_ny	Female	Peru	2007-03-19 16:55:00
K-1 Fiance(e) Visa Process & Procedures	How does getting a work visa compare	J1 is an exchange visitor visa, not a work visa, per se. We are discussing work visas, such as the L1 (non immigrant intent necessary) or the H1B (dual intent). If you got a J1 and married within 2 months, well at your interview you'd probably be looked at a little closer than someone who came on a K1. Also, a lot of J1s have a 2 yr residency requirement. You're the only one comparing J1s and K1s So I'm just about to send off my I-129F Petition for a fiancee visa and was wondering... if my fiancee could (I realize it's difficult but possible) get a job in the States, how would this compare to the K-1 fiancee visa? For example, if she was working in the States could we get married and then could she remain there? Does that make it much more complicated? I was just thinking about the different options and want to make sure I'm doing the right thing. Any thoughts would be appreciated Cheers The suggestion you're making is considered to attempt visa fraud. If your fiancee was to come here on a work visa and THEN you two had met after her arrival, that would be a completely different story entirely. Since you two do know each other and are engaged, I think you would have to create a ton of lies to say how you've actually met in the last 2 years, etc. Getting caught lying on the visa application would quite possibly get the visa denied. I know it's a long process. Some thinks are just worth the wait to do it the right way. I would consult an immigration attorney if you really wish to find out other alternatives. If the fiance is here on a valid, legally obtained work visa, there's really not going to be a problem unless someone had the ability to fabricate an entire US corporation that could obtain the work visa and no employment actually existed - which I'm going to go ahead and assume is no where NEAR what the OP is asking about here. And I'm not sure what the met-within-2-years requirement has to do with the work visa question. All they have to have done for the K1 is to have been in the same geographic place together within the last 2 years. Not met as in formally introduced to each other, etc. And that requirement is for K1 which presumes the fiance is not currently present in the US. If the fiance were legally present under a valid work visa, then there'd be no K1 process, just an adjustment of status. What the OP is talking about is not an attempt at visa fraud. A relationship with an American does not foreclose a foreign citizen's ability to seek a work visa to obtain employment. There are plenty of requirements and checks for legitimacy under those visa application procedures. We're trying to compare apples and oranges without the benefit of formal agricultural training, if you follow my analogy. Honestly guys I do not see what all that fuss is about! Is everybody trying to tell me that if I get a work visa and marry within 2 months after I arrive there this is visa fraud? I have been to the states twice on a J1 visa and I have not heard of being issued a limited number of it. And I know 2 people who entered on a J1 visa got married and filed for AOS and it was fine. I was intending to go again for J1 this summer and see my boyfriend(now fiance).What if he propposed to me there and we got merried?Is this a fraud?How could they know what your intentions were? And it is not true that the waiting period is the same - it is exactly the opposite - the whole process of J1 takes appr. 3-4 weeks. So there's no point in comparing them. I would do it again honestly (if there were not other circumstances )- but think about it - u r legal to work for 4 months, u have a job and if u do not like it u can leave and find another one (not like H visas). So I do not agree that everyhting else is a visa fraud.	athena_ny	Female	Peru	2007-03-19 16:35:00
K-1 Fiance(e) Visa Process & Procedures	How does getting a work visa compare	H1B is dual-intent though... So I'm just about to send off my I-129F Petition for a fiancee visa and was wondering... if my fiancee could (I realize it's difficult but possible) get a job in the States, how would this compare to the K-1 fiancee visa? For example, if she was working in the States could we get married and then could she remain there? Does that make it much more complicated? I was just thinking about the different options and want to make sure I'm doing the right thing. Any thoughts would be appreciated Cheers The suggestion you're making is considered to attempt visa fraud. If your fiancee was to come here on a work visa and THEN you two had met after her arrival, that would be a completely different story entirely. Since you two do know each other and are engaged, I think you would have to create a ton of lies to say how you've actually met in the last 2 years, etc. Getting caught lying on the visa application would quite possibly get the visa denied. I know it's a long process. Some thinks are just worth the wait to do it the right way. I would consult an immigration attorney if you really wish to find out other alternatives.	athena_ny	Female	Peru	2007-03-19 12:28:00
K-1 Fiance(e) Visa Process & Procedures	Proof of relationship on K1 visa app.	That's generally why you can't plan like this for a K1. You don't know how/when it will work out. I'm concerned because we are on a tight timeline, and I don't want the process delayed any longer than necessary.	athena_ny	Female	Peru	2007-03-19 16:26:00
K-1 Fiance(e) Visa Process & Procedures	Proof of relationship on K1 visa app.	...are you sure you're filing for the correct visa? Oops, I forgot! I also sent copies of the airline tickets from each trip. Unfortunately, I only sent the copies of the e-tickets sent via email by the airlines. I did not send copies of out passports or the actual boarding passes. Oops, I forgot! I also sent copies of the airline tickets from each trip. Unfortunately, I only sent the copies of the e-tickets sent via email by the airlines. I did not send copies of out passports or the actual boarding passes.	athena_ny	Female	Peru	2007-03-19 16:16:00
K-1 Fiance(e) Visa Process & Procedures	Proof of relationship on K1 visa app.	If you're marrying overseas, like your proposed timeline says, you need to file K3, not K1. I now realize that I may not have provided sufficient proof of relationship on my K1 visa app. I provided three photos of us, one each from each of our trips to meet each other. I dated the photos and specified the location taken, however, after reading this site, it appears that may not be sufficient. Assuming that additional proof of relationship is going to be asked of me, is it something that I can provide in advance, or do I have to wait until requested? In other words, can I supplement my petition right now (before being asked)? Is this wise? Also, does the level of proof of relationship required vary by country? In other words, do certain countries raise more "red flags"?	athena_ny	Female	Peru	2007-03-19 16:07:00
K-1 Fiance(e) Visa Process & Procedures	pls help	Why are we responding to a year old post? The OP is probably long gone. His convictions matter - in fact, certain sorts of convictions are the reason for things like IMBRA - to protect YOU/some innocent foreign citizen from getting set up and brought over by an abusive monster. (I am in NO WAY SAYING that's your situation - I'm just saying, policy-wise, part of the concern was that the US govn't knew about some baaad people and some immigrant wives got murdered.) As for this: Please get a lawyer. No one here can answer you effectively. We already have a lawyer. I just need your opinion, sometimes opinion from people like you matters more to me than an attorney's opinion. Anyway, our attorney thinks we should not have problems, but the effect of the new law that requires US fiance's criminal record is still unknown. Honey, seriously, if you don't trust the opinion of your lawyer, you need to get a new lawyer. DO NOT USE VJers as an excuse to ignore the advice YOU'RE PAYING FOR! Seriously, if you have a qualified attorney, trust him or her to do what you have paid for. Cooperative clients good. Second-guessing clients bad. Really - no one here can know as much as your lawer who can hear your WHOLE STORY and see all relevant documents. You don't need our opinions. You need good legal advice. You've sought good legal advice. Take it.	athena_ny	Female	Peru	2007-03-22 07:55:00
K-1 Fiance(e) Visa Process & Procedures	Which way is the best?	This question comes up many times. If it were an acceptable practice, then why does the State Department have Marriage Visa types (K-1, K-3, and CR-1)? Do it correctly, K-1 is fairly quick to process through your consulate. The only acceptable way to use a visitors is to visit, marry then return home and file for CR-1 or K-3 visa, not remain in the USA, that is what the K-1 is for. That question draws an oversimplified conclusion from a set of facts. It ignores a whole bunch of history and circumstance as well. And - for #######'s sake - ASKING A QUESTION DOES NOT EQUAL INTENT. It equals someone asking a question. That's all. K1 and K3 are nonimmigrant visas, just like B visas. It's the adjustment of status that makes you legal in the U.S. I have yet to see an actual immigration attorney comment on this site - and even if one did, in this area of law, perhaps more than most, all questions are SO heavily fact driven that making generalizations about what IS or IS NOT illegal is foolish. If the OP understands that there may or may not be a problem with the burden of proof at his gal's adjustment interview, then he's got the information he needs to make an informed decision.	athena_ny	Female	Peru	2007-03-21 12:44:00
K-1 Fiance(e) Visa Process & Procedures	RE: Think it's all over when your visa arrives	Oh Good Lord, you were the who couldn't figure out beforehand that the K1 visa wasn't your one-way-do-not-pass-go-do-not-collect-200-dollars ticket to permanent residency then provided misinformation, thinking that everyone else was as misinformed as you. I concur with TimsDaisy: Get over it. All Firstly to those who found the information I shared useful or informative I am very glad. Secondly for those who bitched about the content....I don't care. This is a forum for people to share personal experiences and by their very nature most people's experiences will differ. I merely shared what has happened to me personally over the last 3 weeks to allow people to hear some of the the pitfalls or occurences that they might encounter I took the time out to write that for other people's benefit, not mine. If you dont like what you read I suggest you move on a read something else. For all those who have agreed with and/or thanked please disregard the above and think twice before trying to help others With my kindest and fondest regards	athena_ny	Female	Peru	2007-03-22 13:41:00
K-1 Fiance(e) Visa Process & Procedures	How long.....	A week tomorrow since I've sent my I-129f last March 15,2007. I did track the conformation and it was recieved that Saturday (03-17-07) and until now they have not cash my check. How long would it take for them( California Service Center) to open, cash the check and doing NOA1? The second they deposit the check it does not come out of your acct. They very well could have cashed it and it's not showing on your acct yet. Give it some time.	athena_ny	Female	Peru	2007-03-23 13:33:00
K-1 Fiance(e) Visa Process & Procedures	Fiancé visiting and vice-versa	This question gets asked like four times a day. Good lord.	athena_ny	Female	Peru	2007-03-22 09:55:00
K-1 Fiance(e) Visa Process & Procedures	Polyamory and K-1 visas	I can barely keep up with one man Hey, I'm just trying to figure out what any woman would want with two men. One to build a stable future with, the other one for sex.	athena_ny	Female	Peru	2007-03-26 16:23:00
K-1 Fiance(e) Visa Process & Procedures	Emergency visa?	As your fiance is not your family member, I doubt this approach would help any. I'd just try for the B2.	athena_ny	Female	Peru	2007-04-03 16:19:00
K-1 Fiance(e) Visa Process & Procedures	entry to US on a K1	I've convinced myself that somewhere on the USCIS or NVC websites I read that a K1 only allows the fiance to visit, not to live, in the US--that is, to come to the US, get married, and skedaddle until his status is changed. Am I crazy? It doesn't make sense that the K1 wouldn't allow the fiance to actually stay, seeing as how it's impossible for him to leave the country and return without advance parole or a change of status..... I want to make sure my fiance won't have a problem at the border whenever he does manage to get through this process. He will not be able to prove any ties whatsoever to Canada, since his student visa is up, his program is over, he doesn't have any family there, doesn't own property, etc etc. Like I said, over the past week or so I convinced myself that I read a K1 entrant has to be able to prove ties to the country he's leaving. Someone just tell me I'm making things up! (Or, if I'm not making things up, tell me that too) thanks You are crazy. The K1 is a non immigrant visa with immigrant intent. You don't have to prove ties to your home country anymore because the understanding is that you're coming here to marry and adjust status. If this were the case, receiving EADs and AP wouldn't be such an issue - if you're coming to marry and go back and wait, what do you need that pesky employment authorization or advance parole for?	athena_ny	Female	Peru	2007-04-03 19:49:00
K-1 Fiance(e) Visa Process & Procedures	Question about applying for K1 visa without a lawyer..	If you don't file it, you won't be approved. Time to get a second job. He said he has a cosponsor. No second job needed.	athena_ny	Female	Peru	2007-04-03 19:52:00
K-1 Fiance(e) Visa Process & Procedures	Has anyone had this similar situation?	Overstay and unauthorized employment is only forgiven automatically (at the moment) through marriage to a US citizen. Since you aren't married, contact a qualified family based immigration attorney -- you will no doubt get denied and need to prepare a I-601 waiver.	athena_ny	Female	Peru	2007-04-04 17:21:00
K-1 Fiance(e) Visa Process & Procedures	Parents dob's?	My girl is filling out her g325 and her parents were killed when she was a baby and she was raised by her aunt. She has her parents names but neither dob or where they were born, will this cause delay in approval? I would think the day and place of birth of her parents should be on her Birth Certificate. Or am I wrong? You could be. My husband (from Peru) has the long form birth certificate with that info, but all I have is the short form, and if not for my parents telling me where they were born, I wouldn't know.	athena_ny	Female	Peru	2007-04-04 17:45:00
K-1 Fiance(e) Visa Process & Procedures	Translation Certification: Please Help	Are you fluent in both languages? Is the document was translated correctly? If yes, then you could copy the entire translation and certify it yourself. Same thing, as long as it's translated and you can prove that it is correct. I realize we're all in the spirit of do-it-yourself but one needs to think about the future use of our legal documents. Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents Documents issued in one country which need to be used in another country must be "authenticated" or "legalized" before they can be recognized as valid in the foreign country. This is a process in which various seals are placed on the document. Such documents range from powers of attorney, affidavits, birth, death and marriages records, incorporation papers, deeds, patent applications, home studies and other legal papers. The number and type of authentication certificates you will need to obtain depend on the nature of the document and whether or not the foreign country is a party to the multilateral treaty on "legalization" of documents. A- If your document is intended for use in a country which is a party to a treaty called the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents ("Hague Legalization Convention") (countries listed below), obtaining a special "apostille" certificate is generally all that is required. The procedure is explained in detail in our separate information flyer available via our home page on the Internet or through our automated fax service. See "Additional Information" below. B- If the country where the document will be used is not a party to the Convention, you will have to begin the cumbersome, time-consuming process of obtaining a series of certifications known as the "chain authentication method". This is literally a paper chase in which authorities will have to attest to the validity of a succession of seals beginning with your document and ending with the seal of the foreign embassy or consulate in the United States. Source And how would this stop us from getting a certified translation in the future? I say, if you can do it yourself and they accept it for this purpose, do it. I'm not wasting my money on a translation that they will accept if I do it myself.	athena_ny	Female	Peru	2007-04-04 11:46:00
K-1 Fiance(e) Visa Process & Procedures	terminology - filing	I used my receipt date as my filing date. If they don't have it, it doesn't mean anything to them.	athena_ny	Female	Peru	2007-04-06 17:42:00
K-1 Fiance(e) Visa Process & Procedures	Shot in the dark...	Thank you, I have asked on the other forums and provided more information. I have not filed taxes because I have been advised that there has been no need. I am contacting the embassy tomorrow to try and get them filed. My fiancee and I want to be in the US by the end of the year, we are excited about starting our new lives together, and are happy to get married here or there, because we intend on having a second ceremony there regardless of when our legal one is. I honestly do not want to cope with another UK winter LOL! So I have come here to try and establish if it is quicker/less hassle for us to get married now, or wait and get married there. I was concerned about the financial documentation, but I think my assets and my income should suffice. I can only hope. If not, my mother has agreed to co-sponsor him. My family have spent lots of time with him and adore him (my fiancee). Even my ex-husband enjoys his company when we visit - and I get along very well with his new wife. So, at this moment, it looks as if it would be quicker/easier to get married now, do the DCF and get the paperwork done. Many thanks for your help and advice. From http://www.irs.gov/faqs/faq-kw201.html United States citizens living abroad are required to file annual U.S. income tax returns and report their worldwide income if they meet the minimum income filing requirements for their filing status and age. From this, you should have been filing taxes unless you're (as a single person) making less than $8,450, or as a married person, $16,900 (since you mentioned your ex- husband). This is from Publication 54 (http://www.irs.gov/p...h01.html#d0e466). I only bring this up because from the I-864 that comes with doing the permanent residency application (adjustment of status aka AOS): "If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affadavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See 'Filing Requirements' in the IRS Form 1040 Filing Instructions to determine whether you were required to file." So if your income is below these numbers for whatever status you were in those particular past 8 years, you'll be okay. If not, it will be a problem and you need to get those filed asap, before you can fill out the Affadavit of Support for adjustment of status. I'm not familiar with K3 (and am only familiar with K1 because I've read extensively on it, my husband entered on a tourist visa), but the I-864 may be filed with the K3 visa instead of after - again not sure, but either way, at some point it will be an issue if you're above those minimum filing requirements.	athena_ny	Female	Peru	2007-04-08 18:10:00
K-1 Fiance(e) Visa Process & Procedures	Entering the country married with a K-1 visa	Not that dissimilar from the story, really. Although personally, that family had it coming, and of course they're from Tampa Bay...there's a reason we call Florida 'The Freak State.' I feel bad for what they've been through, but at the same time, his wife did enter on a K1 when she was already married. Illegal and while maybe a simple mistake, it's still fraud. From the information in the article, it wasn't fraud, which means trickery and deceit. It was a mistake, a really bad mistake, but a mistake. The fraud was actually commited by the US Government when they sent the letter saying her K3 visa had been approved, in order to trick her in to going back to Japan where they then told her, "Sorry, it's not really approved, plus you're banned for 10 years". Oh yes, I think it's awful and I feel bad, but at the same time I guess I'm a proponent of personal responsibility and knowing the consequences of your actions. And, as far as the US government is concerned, it will be considered fraud ... entered on a K1 visa on the pretense she wasn't married while she really was - and while while they did was fraudalent, there are no consequences for the US government doing so. Sad, but that's the way the cookie crumbles. I won't sit here and say they're bad people - they obviously are not, but I doubt there's a real way around the situation. From an immigration perspective, it was fraud - even when, from a human perspective, it was only (if you can say only) a grave mistake.	athena_ny	Female	Peru	2007-04-08 19:41:00
K-1 Fiance(e) Visa Process & Procedures	Entering the country married with a K-1 visa	My fiancee and I have just sent our paperwork in so we are a long way from our wedding day, but we are thinking of the logisitics of our wedding. She is from Peru, so one option we thought of, once the K-1 visa has come through, is for me to go down to Peru, where we will have the ceremony with the families and be married and then we come back up the USA and stop in at my local marriage office where we get married again in the USA. Technically this is not legal since she will not be my fiance when we enter the USA but in reality is this going to cause any problems later on down the line since we can pretend to the US govemment that the wedding in Peru never actually happened?? Any thoughts would be appreciated This should give anyone pause thinking about it: http://www.visajourn.../2007/04/07/17/ That was my thought as well. A simple 'mistake' of using an incorrect visa can lead to a lot of trouble - read this gentleman's story - he is in the US separated from his wife and children who are living in Japan because she entered on a K-1 visa after she was already married and is now banned from returning to and living in the US for 10 years. She was found guilty of immigration fraud. The 'inconvenience' of waiting to get married in the US, or of getting married and using the right visa to enter the US is just not worth this risk. That story is quite quite different than what this topic was asking. In that story the guy was admit being legally married for 9 years!!!! and then applied for a k1!!!! what was asked in this question is it ok to have a 100% non-legal ceremony before coming into the US. I have even read in some cases such as Thailand, the us consulate has officially stated that the us does not recognize a non-legal,non binding ceremony. PS - he was not married for 9 years before she entered. She went back after 8 years here (entering on a K1) to receive her visa from the Tokyo Consulate.	athena_ny	Female	Peru	2007-04-08 10:24:00
K-1 Fiance(e) Visa Process & Procedures	Entering the country married with a K-1 visa	My fiancee and I have just sent our paperwork in so we are a long way from our wedding day, but we are thinking of the logisitics of our wedding. She is from Peru, so one option we thought of, once the K-1 visa has come through, is for me to go down to Peru, where we will have the ceremony with the families and be married and then we come back up the USA and stop in at my local marriage office where we get married again in the USA. Technically this is not legal since she will not be my fiance when we enter the USA but in reality is this going to cause any problems later on down the line since we can pretend to the US govemment that the wedding in Peru never actually happened?? Any thoughts would be appreciated This should give anyone pause thinking about it: http://www.visajourn.../2007/04/07/17/ That was my thought as well. A simple 'mistake' of using an incorrect visa can lead to a lot of trouble - read this gentleman's story - he is in the US separated from his wife and children who are living in Japan because she entered on a K-1 visa after she was already married and is now banned from returning to and living in the US for 10 years. She was found guilty of immigration fraud. The 'inconvenience' of waiting to get married in the US, or of getting married and using the right visa to enter the US is just not worth this risk. That story is quite quite different than what this topic was asking. In that story the guy was admit being legally married for 9 years!!!! and then applied for a k1!!!! what was asked in this question is it ok to have a 100% non-legal ceremony before coming into the US. I have even read in some cases such as Thailand, the us consulate has officially stated that the us does not recognize a non-legal,non binding ceremony. The OP didn't specify legal or non-legal, to me it read like he was asking if he could get married in Peru, then get married here. Especially with the "technically this is not legal because she will not be my fiance..." part. Not that dissimilar from the story, really. Although personally, that family had it coming, and of course they're from Tampa Bay...there's a reason we call Florida 'The Freak State.' I feel bad for what they've been through, but at the same time, his wife did enter on a K1 when she was already married. Illegal and while maybe a simple mistake, it's still fraud.	athena_ny	Female	Peru	2007-04-08 10:20:00
K-1 Fiance(e) Visa Process & Procedures	Can I marry immediately in the US, or is the K1 correct way?	It's ironic that while you have to show proof that you will return to your home country when you enter the US on a B2 visa, that you can apply for AOS with the same B2 visa. So all the "proof of strong ties" and "commitment to return to the home country" is all overlooked at the time of the AOS? hehe... oh well, I'm still contemplating on which route to go with my significant other. Her B2 visa interview is in 2 weeks, and she will travel to the US with me in mid-May 2007. But we both will be returning to China after that trip. But, I think I will leave China for good, at the end of July. And assuming she gets her B2, takes a trip to the US in May, will she have problems entering the US on the same B2 visa in July (citing the short period between the 2 trips). I may just ask her to marry me on the 2nd trip.... Or, there won't be a second trip for her and I'll start the process of the K1 visa when I return to the US in mid-May. I will still return to the US in July, permanently. we'll see how everything falls into place. The B2, then AOS method sure saves ALOT of pain, trouble + money. While I guess if she's not aware of the proposal/marriage before entering the second time, it's okay...but it's a very thin line, at the same time.	athena_ny	Female	Peru	2007-04-13 08:05:00
K-1 Fiance(e) Visa Process & Procedures	Can I marry immediately in the US, or is the K1 correct way?	Okay I suppose I can tell you how mine went - it might not go EXACTLY the same way for you, but here goes: I arrived in may of 2005 and he proposed in June...then, we decided to get married and did it on a week's notice on the 16th of August! (Hurrah!) Anyway, we called USCIS etc and were told it was okay to apply for a PR card from here - so then we had to wait for a medical date, as the lady on the 'phone told us it would be best to wait and get all the paperwork together at once to avoid any RFE's. We did this, which emant I was out of status for about 30 days or so before the medical - which was fine, as far as USCIS were concerned - they were more worried about me hitting the six month mark. I had my medical, which was an ABSOLUTE RIP OFF! Ha - seriously - a rip off. Had some dude from the Mankato Clinic here in mankato look down my throat, listen to my heartbeat (which the nurse had already done...) and then shoot me full of vaccinations and give me a heef test. Very pleasant, and the vast amount of intraveinous cr@p floating around in my body afterward made me feel rather ill for the remainder of the day... The charged through teh nose for it (typical, as it happens as these places are unregulated by the USCIS) - $585!!! Luckily for you, that's a staggering amount for a simple Immigration medical and I've never heard of anyone else being charged that much. I'm still paying my MIL back to this day...poor woman! So we got our paperwork together. I obtained my birth certificate and one for Ben from Germany, where he was born, and we gathered evidence of his ability to sponsor me, along with a co-sponser - his Mom. We actually got the fees for the whole of the paperwork waived, as we were too poor at the time to afford to pay them - to do this, you have to have genuine hardship and submit evidence along with a cover letter (preferably from both of you) as to why the fees would be impossible to pay. We were blessed - our fees were waived. And so we went on. The paperwork was sent off to Chicago at the end of September 2005, and I had my NOA1 by October 4th. My biometrics appointment was on December 12th in Minneapolis, and it took ten minutes - in and out. Very simple, and I even met someone from VisaJourney there! I had my work permit in hand by December 27th and a SS number by the beginning on January. I started my first job on January 30th and soon after that we had our interview - March 29th of 2006. I never did apply for AP because we were too poor to go anywhere! But I could have. We went to the interview on the 29th of March in St Paul, and after a wait we went in and the whole interview took about twenty minutes. We had a very pleasant young woman interviewing us, and she was very thorough. ben even had to count back the years to figure out which year I was born (embarrassing!) and got my two middle names wrong (again, embarrassing!) but she just laughed - it wasn't so bad, and we were free in that we were able to honestly answer everything she asked of us. My passport was stamped, and we trotted out of there like young colts in the spring, and straight to Olive Garden, where we proceeded to stuff our faces In the end, the way we got through it was this: We submitted photographs, but not excessive "evidence" - just important, non-frou-frou evidence of a genuine relationship; we read and re-read and re-read the instructions on teh forms and filled out several about ten times to make sure we had them right; we kept copies of everything we sent; we kept in touch with USCIS with our questions and sometimes called two or three times to reach different people and compare their opinions to one another's (get a third opinion!); we did not panic! Anyway hope that helps! Main thing is to not lie, be completely genuine at all times, and use the helpline they give you - even if you have to remain on hold for about 65,000 hours at a time! Ooh - and as I was saying - call the line multiple times if you're unsire of someone's answer, as that tends to be the best way to get a clear consensus if what's needed. Alright, I've said my piece - now I am going to take a bath! We have a whole binder of evidence a lot of letters from before I moved to be w/ him and card, etc after - I think it's a lot until I read about someone who had THREE binders of evidence (and that's why they were convinced they got approved - swear to God, I think I read it on here today)	athena_ny	Female	Peru	2007-04-12 21:05:00
K-3 Spouse Visa Process & Procedures	Chicago Lockbox Article	QUOTE (Leedah @ Dec 28 2007, 09:12 PM) <{POST_SNAPBACK}> I found this on the web while browsing. It's "cut & paste" as you can see. full link here: http://www.dhs.gov/x...ox_11-29-04.pdf RECOMMENDATION FROM THE CIS OMBUDSMAN TO THE DIRECTOR, USCIS To: Eduardo Aguirre, USCIS Director Jim Loy, Deputy Secretary, DHS From:: Prakash Khatri, CIS Ombudsman Date: November 29, 2004 Re: Recommend that USCIS cease operation of the Chicago Lockbox upon the expiration of its current Memorandum of Understanding (September 30, 2005) with the U.S. Department of Treasury due to: A. Inefficient shipment of files between USCIS offices, resulting in tracking and management challenges; B. Inefficient processing within the Chicago Lockbox, resulting in delays in issuing receipts to immigration customers; and C. Insufficient guidance and oversight within the Chicago Lockbox which have resulted in valid filings being incorrectly rejected and returned to immigration customers. I. BACKGROUND US Citizenship and Immigration Services (USCIS) has a business arrangement with the U.S. Department of the Treasury (USDOT) which takes advantage of a Lockbox Depository Agreement between USDOT and Bank One, NA. Under this agreement, Bank One provides lockbox imaging and check collection and processing services, as well as systems development services, for Adjustment of Status (AOS) applications and payments to USCIS. These services are provided at Bank One’s facility in Chicago, Illinois (hereinafter, the “Chicago Lockbox”). A copy of the Memorandum of Understanding (MOU) involving these three parties is attached to this recommendation. USCIS maintains a small staff at the Chicago Lockbox, known as the Case Resolution Unit, to resolve certain problems encountered by Bank One in reviewing and receipting AOS applications. Currently the Chicago Lockbox receives AOS applications and any related ancillary petitions/applications which have been sent by the public to selected USCIS District Offices, a process commonly referred to as “indirect filing.” With indirect filing, cases are shipped between USCIS locations at least 3 times before they are adjudicated. First, participating District Offices receive the cases from customers and ship them to the Chicago Lockbox for processing by Bank One. Next, cases successfully processed by the Chicago Lockbox are shipped to the USCIS National Benefits Center (NBC) in Lee’s Summit, Missouri, for further processing and Email: cisombudsman@dhs.gov | Web: http://www.dhs.gov/cisombudsman | Phone: (202) 357-8100 | Fax: (202) 357-0042 Page 2 creation of the alien or “A” file. 1 Finally, the NBC ships the cases back to the originating District Office for final adjudication. Beginning on December 1, 2004, USCIS will switch to “direct filing” by modifying its procedures to allow immigration customers to file certain cases directly at the Chicago Lockbox. See 69 FR 67751 (Nov. 19, 2004). This change will cover the entire country, not just the select Districts currently forwarding cases to the Lockbox, and it be implemented in two stages, with Phase One beginning in December and Phase Two beginning in April 2005. USCIS believes that this lockbox arrangement is the most efficient system for receiving fees and initial processing, and it has expressed concerns about having District Offices receive money from customers, which was standard practice before the Chicago Lockbox was established. However, many immigration customers believe that the Chicago Lockbox has negatively affected processing times and adds an additional bureaucratic layer to immigration benefits processing. The CIS Ombudsman believes that the Chicago Lockbox arrangement does not efficiently provide the services intended, with the following deficiencies persisting and no effective remedial plan in place: 1) the output of the Chicago Lockbox must be shipped to other USCIS facilities (first to the NBC and then on to District Offices), which is inefficient; 2) the Chicago Lockbox delays initial processing, including the critical step of issuing receipts to customers; and 3) the Chicago Lockbox incorrectly rejects valid filings and unnecessarily returns them to immigration customers, resulting in additional delays and exposing customers to possible fee increases. II. JUSTIFICATION The Chicago Lockbox is an inherently inefficient operation as currently structured. Even with the implementation of direct filing, the Lockbox in Chicago is over 500 miles from the NBC in Lee’s Summit, MO (near Kansas City), the USCIS office which receives its output. As a result, USCIS must bear the costs for: 1) receiving and accounting for files at the Chicago Lockbox; 2) packaging, accounting for, and shipping processed cases at the Chicago end; and 3) receiving, unpacking, and accounting for these applications at the NBC – all in addition to the fees charged by Bank One as the depository and by USDOT as the contract administrator. Currently, USCIS Service Centers receive cases and process them without a lockbox arrangement, including depositing fees received. At a minimum, if a lockbox arrangement is considered critical by USCIS for indirect filings, its logical location is physically at the NBC. The Chicago Lockbox is also beset by serious processing problems that negatively affect immigration customers. When Bank One has difficulties with a case, it is passed to the USCIS Case Resolution Unit collocated with Bank One at the Lockbox. Cases have remained unresolved in this unit for months, during which time fees were not deposited, receipts were not 1 Petitions and applications involved in the Dallas District Office’s I-130/485 Pilot Program are an exception to this process and are not shipped to the NBC. Page 3 issued, and processing was not begun. The circumstances which allowed a Lockbox backlog to occur remain, and the Lockbox will be under increased pressure from a larger volume of cases being filed under the direct mail system. This form of administrative limbo has resulted in thousands of frustrated customers who rely on a USCIS receipt for several important purposes such as evidence of their legal status. As it presently operates, the Chicago Lockbox sometimes prevents USCIS from complying with 13 U.S.C. § 3302©, which states: ©(1) A person having custody or possession of public money, including a disbursing official having public money not for current expenditure, shall deposit the money without delay in the Treasury or with a depositary designated by the Secretary of the Treasury under law. Except as provided in paragraph (2), money required to be deposited pursuant to this subsection shall be deposited not later than the third day after the custodian receives the money. The Secretary or a depositary receiving a deposit shall issue duplicate receipts for the money deposited. The original receipt is for the Secretary and the duplicate is for the custodian. (2) The Secretary of the Treasury may by regulation prescribe that a person having custody or possession of money required by this subsection to be deposited shall deposit such money during a period of time that is greater or lesser than the period of time specified by the second sentence of paragraph (1). Delays are routine for cases referred to the USCIS Case Resolution Unit, since it may actually take days, weeks, or months before a deposit occurs. Expansion of direct mail may exacerbate delays by substantially increasing the volume of cases processed through the Lockbox. These delays impede the fiscal efficiency of the Lockbox and undermine the rationale for employing this front-end processing mechanism. In addition, immigration customers, experienced immigration practitioners, and USCIS District Office staff have reported that valid petitions/applications are incorrectly rejected by the Chicago Lockbox. These errors cause confusion and delay for customers, as well as unnecessary duplicative efforts by USCIS when such cases are refiled or when customers visit a District Office to seek clarification. The Ombudsman recognizes the financial and operational impact of a contractual termination for convenience under the Chicago Lockbox MOU. Accordingly, a logical solution is to allow the MOU to expire based on its contractual sunset date and to use the intervening time (approximately 10 months) to transfer the Lockbox functions to (an)other more responsive location(s). Page 4 III. BENEFITS A. Customer Service: Elimination of the Chicago Lockbox and relocation of its functions to the NBC or back to the District Offices would enhance customer service by removing a time-consuming bureaucratic step in case receipting and processing and minimize incorrect rejections of valid cases. B. USCIS Efficiency: The current and planned use of the Chicago Lockbox does not clearly meet the Department of Treasury’s statutory requirement of 3-day deposits for federal funds. While the prior practice of receipting cases and depositing customer funds by USCIS Service Centers and District Offices may not be considered efficient by USCIS management, it is not apparent that the Lockbox alternative is an improvement in meeting the statutory mandate. At a minimum, if USCIS District Offices do not continue their customer-friendly historical practice of on-site receipting of cases, relocation of the Chicago Lockbox functions to the NBC would reduce USCIS processing costs due to the additional handling, packaging, shipping, and accounting currently involved in creation and transfer of files from around the country. Moreover, trained USCIS staff would be more readily available at the NBC or District Offices to promote quality assurance and handle peak loads. C. National Security: Efficient and timely processing of immigration benefit petitions/applications results in prompt identification of persons not qualified for these benefits and removable from the United States. Elimination of any inefficient processing steps, especially those which result in inherent delays and excess file handling, promote departmental goals for rapid identification of potential immigration violators and security risks. That was 3 years ago. Obviously they did something so it didn't close.	athena_ny	Female	Peru	2007-12-28 22:29:00
K-3 Spouse Visa Process & Procedures	Just too long	QUOTE (Delicia @ Dec 23 2007, 02:48 AM) <{POST_SNAPBACK}> QUOTE If she wasn't from a "third world country" we would have been together and married months ago. I disagree. I am married to a Chilean citizen and Canadian PR for over 2 years. We will be waiting out the process for, by my calculations, at least 1.5 years and possibly 2 years, before we can live together again. Canada is hardly a third world country.	athena_ny	Female	Peru	2007-12-23 11:05:00