ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresLost petition found and delivered. Problem
You will need to wait and see what the reason for the second rejection is. There have been cases previously where USCIS kept the check and sent the package back as being improperly prepared or filed for something so simple as 'unsigned', with the instruction to make the necessary correction and return it to them where it would continue to be processed. I don't know if this will be the case or not, but it is a possibility.

It looks like you're going to have to be patient until you get back the actual documentation with a reason. If it is the above, then you just follow the instructions. If it seems to relate to the double filing or the second was refused because of something to do with the first, then you may wish to consult with your local Representative or Senator and see if they can clear up any remaining confusion, or find out a more detailed reason for the rejection and keeping of the check. The good news is that it said 'rejection' rather than denial. With a denial there is no chance of the check being returned.

I'll keep my fingers crossed that it is something simple with the second application that just needs to be corrected and sent back, and because they had already cashed the check, that check will be credited to the processing of the corrected petition when it is returned.

As I think you have discovered patience is definitely one of the necessary attributes to develop in this process. :)

Edited by Kathryn41, 03 March 2012 - 08:03 PM.

Kathryn41FemaleCanada2012-03-03 20:03:00
K-1 Fiance(e) Visa Process & Proceduresindeerment
Did you include ones that used the endearment 'hubby'? If so, be very prepared at the interview to explain - and prove - you are not already married.

Calling each other husband and wife can be taken by immigration as evidence that you do not qualify for a fiancee visa. You may wish to get sworn statements from responsible individuals who can confirm that you are not married and are eligible still for a fiancee visa (your parents, a minister or priest, etc.) . You can explain, if they ask you about it at the interview, that in anticipation of your life together as husband and wife, you already feel like you should be married even though you haven't had the official ceremony yet. They have come across this before, and it will be up to the officer doing the interview to decide how much importance he will attach to your use of this term of endearment. It may or may not be considered, so it is best to be prepared just in case it is.

It is safer to use the term 'husband to be' or 'my future husband' and sign yourself as 'wife to be' or 'future wife' in the future. If you didn't have to deal with immigration, it wouldn't normally be a problem.

Good luck.
Kathryn41FemaleCanada2012-05-05 21:32:00
K-1 Fiance(e) Visa Process & ProceduresWithdrawal of K1 visa
Moved from Working in America forum to K-1 Fiance Visa forum as a more appropriate location for this question
Kathryn41FemaleCanada2012-05-16 21:55:00
K-1 Fiance(e) Visa Process & ProceduresWhat should i say in the interview
As this thread has wandered far off course and become more like an Off topic discussion, I am closing it to further 'speculation'.
Kathryn41FemaleCanada2012-05-25 07:29:00
K-1 Fiance(e) Visa Process & ProceduresIf you need help for the processing of k1 and k2
I too would suggest that you share any experience you have here on Visa Journey rather than solicit members to contact you privately. It is nice that you want to help but your experience is very limited still and you may end up causing someone else serious problems. Posting information publicly assures everyone that if there are errors that they will be found before they cause someone problems.

Also, it is extremely dangerous to post private information such as a cell phone number in such publicly viewed forums. Even posting private email addresses is a problem and quite a number of our members have been spammed from outside of Visa Journey because they have posted their email addresses. Inviting someone to text you is an open invitation for someone to abuse that personal information.

We appreciate your wanting to share your experiences but the safest way for everyone concerned is to do it here publicly in the forums.
Kathryn41FemaleCanada2012-05-30 07:47:00
K-1 Fiance(e) Visa Process & ProceduresDecember & January Filers
Topic has been moved from Site Discussion to K-1 Visa Process & Procedures as it is not related to a discussion about a site issue and does relate to a discussion about the K-1 Visa process, so is more appropriate in this forum.
Kathryn41FemaleCanada2012-05-26 20:39:00
K-1 Fiance(e) Visa Process & ProceduresDoes Government Treat Green Card holders via K-1 route differently?
What your wife might be referring to regarding the estate isn't necessarily because of a K-1 visa - it applies to all non-US spouses of American citizens. When a US citizen spouse dies and their spouse is also a US citizen, they have right of survivor ship on the estate and do not have to pay taxes on the estate to the IRS. It is deferred until their death and their heirs have to deal with estate taxes. If the spouse of a US citizen is a permanent resident as opposed to a US citizen, the IRS requires that the estate taxes be paid at that time and the non-US spouse does not receive the deferred taxes right of survivor ship status. There is a financial limit that must be exceeded before an estate is taxed and I don't recall what it is, however, this was definitely one of the main considerations why I choose to become a US citizen, especially as both my husband and I are getting on in years. The IRS' thinking on this is that a non-American spouse may choose to return to their country of origin taking their estate assets with them rather than remain in the US, and the IRS doesn't want to lose the tax that is due on the estate when that individual later dies overseas.

If an individual enters the US on a work or other non-family based visa, they generally are not dealing with a US citizen as a marriage partner, therefore the above situation wouldn't apply to them.

Work visas are often faster to obtain than fiancee or spousal visas, however spouses of US citizens definitely qualify for and get their green cards faster as well as qualifying for citizenship faster. Most work visas or student visas do not become permanent residents and return to their home countries when their visas expire. Some do, of course, and from what I have heard, the process both to qualify and to obtain the green card doesn't happen any faster for someone adjusting from an H1 B visa, for example, than from a K-1 or CR-1 entry.

One thing I have noticed over my years here on Visa Journey - the grass almost always looks greener on someone else's side of the journey. :)

This link provides a good description of what it means and how to deal with the potential situation a non-US spouse faces when the US spouse dies.
http://www.visalaw.c...4/11sep403.html

Edited by Kathryn41, 02 June 2012 - 10:37 PM.

Kathryn41FemaleCanada2012-06-02 22:25:00
K-1 Fiance(e) Visa Process & ProceduresInterview
Topic has been moved from AOS forum as OP is asking about a K-1 process
Kathryn41FemaleCanada2012-04-21 22:50:00
K-1 Fiance(e) Visa Process & ProceduresIs there something I have to do whilst waiting for NOA2?
Topic has been moved from Site Discussion to the K-1 Fiancee Visa forum as a more appropriate location for this discussion.

Jon K - it would make it easier for our members to give you some advice and suggestions if you would let us know what country or Consulate you are dealing with as some of the things you can do before hand are country specific.
Kathryn41FemaleCanada2012-06-13 07:03:00
K-1 Fiance(e) Visa Process & ProceduresPacket 3 HELP!!
Duplicate threads have been merged together and duplicate post removed. It is not necessary to post the same question more than once.
Kathryn41FemaleCanada2012-06-22 19:35:00
K-1 Fiance(e) Visa Process & Proceduresmuch older woman/younger man
Age gap is not a reason to deny a visa, no, but at Consulates where a particular age gap is against the cultural norms it is a reason for them to take a hard look at the relationship and question its authenticity. The OP has received good advice about being prepared. Signed affidavits from his family especially, stating their awareness of and support for the relationship are definitely good. Good luck
Kathryn41FemaleCanada2011-11-29 18:40:00
K-1 Fiance(e) Visa Process & ProceduresMed exams
Topic has been moved from 'Finding Work in America' forum to the K-1 forum as the question is about part of the K-1 visa process.
Kathryn41FemaleCanada2012-07-08 21:52:00
K-1 Fiance(e) Visa Process & ProceduresWhy are the people here so RUDE??? :(
I will just add to William's comments that if you do not gain any sort of benefit (financial or otherwise) from recommending a lawyer who you have found to be good, you can certainly recommend them by mentioning their name in an appropriate post - such as you have already done in a number of your previous posts. Other Visa Journey members have done the same. Starting a new topic and posting a full page ad from the lawyer's website isn't just making a recommendation for a lawyer who did a good job for you - especially as you have already mentioned his name in a number of previous posts. It definitely appears to be an advertisement. Our members do know the TOS and know that advertisements like this count as spam and are not allowed. That is why you received the comments you did. Your recommendation went 'overboard' into the unacceptable.

Edited by Kathryn41, 02 August 2012 - 09:55 PM.

Kathryn41FemaleCanada2012-08-02 21:54:00
K-1 Fiance(e) Visa Process & ProceduresK-1 denied :(
One post violating TOS has been removed. Any further comments of this type will lead to administrative action.
Kathryn41FemaleCanada2012-08-06 20:19:00
K-1 Fiance(e) Visa Process & ProceduresHepatitis B - reason for VISA denial?
Please only use English in the Immigration Forums. Non-English is allowed only in the Regional Discussion Forums. Further posts in a language other than English will be removed.
Kathryn41FemaleCanada2010-12-05 18:09:00
K-1 Fiance(e) Visa Process & Proceduresis my fiance a fraud?
There are too many variables here for reasonable speculation. A comment along the lines of 'remember to consider xxx' in your plans' is fine- that counts as useful advice. Going out on a limb and predicting all sorts of dire events and circumstances that depend upon a lot of other totally speculative situations to occur is a futile exercise and only serves to create drama and dis-ease. There are enough stressors in the OP's current situation to consider; there is no need to borrow boogeymen from a future that has so many variables that may not ever come to pass.
Kathryn41FemaleCanada2012-08-25 19:29:00
K-1 Fiance(e) Visa Process & Proceduresis my fiance a fraud?
Please stop the bickering and stop badgering the OP and making irrelevant judgmental comments about what may happen in some unpredictable future. Speculation adds nothing constructive to the matter at hand and only confuses the real issue. Any further such comments will lead to the poster being thread-banned. The OP has no need to 'justify' or explain herself to anyone here.

One inappropriate comment has been removed along with one quoting it.

Kristina, you have received lots of good advice on how to get a clearer view of what your fiance's intentions might be, along with some useful advice about how to proceed from here. If you wish me to close this thread to further discussion, I will.

In the meantime, everyone please restrict your comments to the situation as presented; don't 'speculate' on what may or may not happen several years down the road, and try to provide useful advice the OP can use right now rather than creating unnecessary drama.

Edited by Kathryn41, 25 August 2012 - 07:11 PM.

Kathryn41FemaleCanada2012-08-25 19:10:00
K-1 Fiance(e) Visa Process & ProceduresNot divorced at time of K1 application
Stop the bickering and personal comments.They addnothing to the discussion and are of absolutely no use to the OP plus border on violating TOS.

Edited by Kathryn41, 25 August 2012 - 10:49 PM.

Kathryn41FemaleCanada2012-08-25 22:47:00
K-1 Fiance(e) Visa Process & ProceduresReceived a call, but no email/mail/text of NOA1. HELP!
Topic has been moved from the Politics and Religion forum to the K-1 forum as question relates to a filed 'fiancee' petition and is better addressed in this forum.
Kathryn41FemaleCanada2012-08-31 20:23:00
K-1 Fiance(e) Visa Process & ProceduresHow will I Know
Topic has been moved from the National Visa Center Forum to the K-1 Forum as it specifically relates to the K-1 visa process and more appropriately belongs here.
Kathryn41FemaleCanada2012-09-01 11:47:00
K-1 Fiance(e) Visa Process & ProceduresI haven't received the NOA2 yet
The OP is applying for a K-1 visa, not AOS. I have moved the thread to the K-1 forum so as to avoid any further confusion as the processes and time lines are totally different and not interchangeable.


You're application went to California and you haven't been approved yet? I would call CSC tomorrow morning they are approving June applications now your April application should've been approved in July. I would call USCIS and ask to speak to a tier 2 officer (I think that is what they are called). But you should call tomorrow and continue calling until they give you some kind of answer. When I was filling out my application I called USCIS several times and some agents were very helpful while others were so rude I couldn't believe the way there were treating me. I hope you get someone who is willing to help.

Good luck


Kathryn41FemaleCanada2012-09-06 19:23:00
K-1 Fiance(e) Visa Process & ProceduresK-1 visa problems
thread closed at the OP's request.
Kathryn41FemaleCanada2012-09-10 22:25:00
K-1 Fiance(e) Visa Process & ProceduresPolice Clerance
duplicate threads have been merged together into one. It is not necessary to post the same question more than once.
Kathryn41FemaleCanada2012-09-10 21:23:00
K-1 Fiance(e) Visa Process & ProceduresCo-sponsorship for K1 visa
Thread has been moved from Philippines Regional forum to the K-1 visa forum as it is a K-1 specific topic and best addressed here. Duplicate thread has also been removed.

Please note, it is the request of administration that all K-1 related process threads, even when they deal with Consulate specific information such as sponsorships, remain in the visa forum to which they relate. While sponsorship requirements do vary between countries, this forum would lose all cohesiveness if every K-1 visa thread was posted in its related regional.

Edited by Kathryn41, 11 September 2012 - 07:19 PM.

Kathryn41FemaleCanada2012-09-11 11:52:00
K-1 Fiance(e) Visa Process & Proceduresmy fiance visa expires jan 13. do we need to get married before his visa expires??

thank you so much for your advice. i really appreciate it. in case we get married after 90 days of his arrival (hope that's not the case).. but just in case.. can he stay here in the US whiile waiting on the I30 petition? he is planning to come here on nov 17 and we want to get married in january or early february.



Yes, he can stay, in fact, he MUST stay if you intend to file for the AOS. If he leaves, either before or after the marriage, and he does not have either his green card or permission to travel called an Advance Parole (AP) he will not be allowed to re-enter the US and you will have to start the whole immigration process all over again from the start. He will be out of legal status once the 90 days expire and will accumulate out of status days as well, which will put him at risk of being detained by ICE if he is stopped by them, or in some States, by local police. If he acquires more than 180 out of status days, then he will not be able even to use an AP to travel, and he would receive a 3 year ban upon re-entry to the US.

So, in the case where you do not marry within the 90 days, you need to file the I-130 and the I-485 with all of the rest of the related AOS paperwork at the same time and in the same envelope. There are several benefits - the most important being that once they receive the package with both the I-130 and the I-485 application, he immediately has 'legal status' again because he has filed for AOS. It will also allow USCIS to proceed right away with processing the AOS after the I-130 is approved. If you sent the I-130 in first, then you would have to wait for its approval and he would be out of status the whole time and accumulating out of status days.


The easiest thing to do is to fulfill the terms of the K-1 and get married within 90 days of his arrival to the US, even if you just have a small civil ceremony to get the paperwork started and have a big family celebratory 'wedding' later on.

Edited by Kathryn41, 17 September 2012 - 06:34 PM.

Kathryn41FemaleCanada2012-09-17 18:26:00
K-1 Fiance(e) Visa Process & Proceduresmy fiance visa expires jan 13. do we need to get married before his visa expires??
Yes, you need to get married before he can apply for AOS. In order to be eligible to apply to adjust status, he first has to fulfill the conditions of the K-1 viisa - getting married to you within 90 days of his entry to the US on the K-1 visa.

If you don't get married within the 90 days but get married after 90 days, he won't be eligible to adjust status based upon the K-1 visa, but he can still apply to adjust status based upon the marriage to you. Since the K-1 would no longer be applicable, you would have to file a new sponsorship petition - an I-130form that will take the place of the I-129f you submitted for the K-1. He could still only adjust status through marriage to you, though - not to any one else.

It does take a while to wrap up the loose ends of your life when you are relocating to a new country, so as long as he is in the US before the K-1 expires, you will be fine. He could enter January 12th, and he would be fine. The 90 days don't start until he enters the US. Let him have the time he needs to make sure everything is taken care of in the Philippines before he leaves so that he can feel comfortable about leaving, knowing he has done what he needed to do in order to leave, rather than have him feel rushed and worrying that perhaps there are some things still at loose ends that need his attention back home. You've got the time. I know it is frustrating to be apart right now - but you will be together for the rest of your lives. The wait of a few months is actually a small price to pay when you are talking about many years worth of a happy marriage. :)
Kathryn41FemaleCanada2012-09-16 10:09:00
K-1 Fiance(e) Visa Process & Proceduresmy fiance visa expires jan 13. do we need to get married before his visa expires??

he attended the PDOS seminar in the philippines and they told him that we should get married before his visa expires. he's planning to leave philippines on nov 17. i thought we should get married 90 days upon his arrival. we were thinking around february. but his visa expires on january 13. 2012. pkease advise



There are two dates that you need to consider. The first is the date of the K-1 visa. It is valid for 6 months, and the visa needs to be used to enter the US before it expires. That mean's he needs to use it to travel to the US before January 13th.

When he goes through immigration at the US border, they will stamp the visa in his passport and write in a date 90 days in the future - and - most importantly, they will staple a small card called an I-94 visa into his passport. The I-94 visa will have the same 90 days in the future date written or stamped on it. This is the date by which you need to get married.

So, you need to use the K-1 visa to enter the US before it expires, but once it is used, it is used up. He can't re-use it and the 'expiry' date doesn't matter anymore. His new immigration document is the I-94 form in his passport. This proves his legal status in the US for 90 days. The conditions on which he got the K-1 visa are still in place so that means the two of you need to get married before the I-94 expires.

Getting married still doesn't give him legal right to live in the US - it only gives him the right to apply to become a permanent resident based upon a K-1 visa marriage, so you and he will also have to apply to change his status from K-1 non-immigrant to Permanent Resident by filing an I-485 petition. You don't need to file this before the I-94 expires, but you should try to file before or shortly after the I-94 expires because once the I-94 expires, he loses legal status in the US. His legal status is re-instated when his application for a green card (AOS/Adjustment of Status) is submitted to USCIS..

I hope this helps.

(btw- I like your avatar :D!)

Edited by Kathryn41, 15 September 2012 - 05:56 PM.

Kathryn41FemaleCanada2012-09-15 17:53:00
K-1 Fiance(e) Visa Process & ProceduresHow to file for K1 when my fiance is in jail?
One additional judgmental post removed. Please restrict your comments to the immigration question asked.

Edited by Kathryn41, 23 September 2012 - 06:04 PM.

Kathryn41FemaleCanada2012-09-23 18:03:00
K-1 Fiance(e) Visa Process & ProceduresDivorcee decrees of the USC at the interview
Actually, you may need your petitioner's divorce decree and you should have the original divorce decree with you at the interview. The petitioner submitted a copy of the divorce decree with the I-129f, but USCIS/DOS has the right to request to see the original of any copy submitted to USCIS/DOS. When I had my K-1 interview, I was asked for the originals of my husband's two divorce decrees and the adjudicator actually had to call in a consult on one of them (the first!) because i was in a different format than he had seen before. I know my then fiancee was very reluctant to let the originals out of his sight, but he did and I'm glad or I may have received an RFE at the interview instead of the Visa. So, you do need to bring the original document from which the copy was made. You may or may not need it, but if you do, you will have it.
Kathryn41FemaleCanada2012-09-26 20:45:00
K-1 Fiance(e) Visa Process & ProceduresLawyer Qustion
The only concern with the pregnancy is that the Consulate may require a paternity test to ensure that you are indeed the father. Depending on the timing of the pregnancy, this may cause a delay in the processing. If the visa takes a long time to process, then she may end up having the child before she comes to the US. That would then entail you filing a Registration of Birth Overseas and having to get a passport for the baby before he/she could travel to the US - again causing more delays. The best advice would be 'don't get pregnant' until after she is in the US. They know what causes it now :P and it can be prevented :yes: .

Edited by Kathryn41, 26 September 2012 - 09:09 PM.

Kathryn41FemaleCanada2012-09-26 21:08:00
K-1 Fiance(e) Visa Process & ProceduresJust starting on K1
Duplicate threads have been merged and duplicate posts removed.
Kathryn41FemaleCanada2012-10-01 20:41:00
K-1 Fiance(e) Visa Process & ProceduresDo they always check father's DNA?
As the OP has received the response to his question I am closing this thread. I hope that the OP realizes that Visa Journey members will not advise you to commit any sort of 'fraud' or misrepresentation and have given you good advice on how to handle this legally.
Kathryn41FemaleCanada2012-10-10 18:04:00
K-1 Fiance(e) Visa Process & ProceduresDo they always check father's DNA?
Duplicate thread on the same topic has been moved from Off Topic and merged with existing thread in K-1 forum. Please do not start duplicate threads on the same topic.
Kathryn41FemaleCanada2012-10-09 22:57:00
K-1 Fiance(e) Visa Process & ProceduresFee for K1 from NVC
no. The next immigration related fee will be the one for issuing the visa and that will be required by the Consulate at or shortly before the interview.
Kathryn41FemaleCanada2012-10-13 20:02:00
K-1 Fiance(e) Visa Process & ProceduresRECENT ITR
While it is possible they will issue a 221 g, it is more likely they will issue a request for evidence (RFE) and ask you to bring in the missing paperwork instead. Unfortunately, even if your fiancee files his taxes right away it can take a few weeks before they are processed by the IRS. While the bank information will be useful, it won't replace the missing Income tax return for 2011. One way or another, you are going to need that. He can send you a copy of the full tax return submission when he gets it done even before he gets a response from the IRS and that would be the fastest route to get the information to the Consulate.

He will need to have his 2011 returns for when you do come to the US as well. Once you are married, you need to apply for a green card and he will require his 2011 tax return for that as well.

Edited by Kathryn41, 13 October 2012 - 09:36 PM.

Kathryn41FemaleCanada2012-10-13 21:32:00
K-1 Fiance(e) Visa Process & ProceduresRECENT ITR
They will need the most recently filed Income Tax Return - which is for the 2011 tax year - or a very good reason why you do not have a return for 2011. It shows his most up to date income situation and they need to know that in order to know he is in the financial position to support you. He should also provide proof of his current income, such as pay stubs and/or a letter from his employer stating his current (as of 2012) income so they know he is still in the position to afford to support you. They will send an RFE (Request for Evidence) if he fails to provide proof of his current income and the most recent tax return - 2011.

Is there a reason he hasn't sent you the 2011 return?
Kathryn41FemaleCanada2012-10-13 19:58:00
K-1 Fiance(e) Visa Process & ProceduresCan my fiance visit USA for Thanksgiving?
Yes, she can visit you. She will need to bring with her proof of her ties to Canada so that US border services will know that she is not intending to remain in the US on this visit. Having a return ticket and a specified period of time for the visit, having a need to return to Canada such as work or school and having documents that prove it; having copy of a lease or mortgage and ongoing bills that she is paying in Canada will all make it easier for the border authorities to let her in. At the POE (immigration will be at the airport prior to her flight) she should say she is going to XXX city to visit her fiance and his family for Thanksgiving and will be returning on xxx date, and have her documents with her. She should also bring a copy of what ever paperwork you have for the K-1, especially the first receipt as that shows she knows the proper process and is following it.

I travelled back and forth quite regularly during my K-1 process. I was sent to secondary inspection twice but each time as the guards were going through my folder of my proof of ties, when they got to the K-1 paperwork, they closed the folder, handed it back to me and said I was good to go.

Edited by Kathryn41, 15 October 2012 - 07:04 PM.

Kathryn41FemaleCanada2012-10-15 19:03:00
K-1 Fiance(e) Visa Process & ProceduresK1 packet 4
If the processing hasn't been completed by the time the petition expires, it will automatically be extended by the Embassy/Consulate to allow sufficient time for all of the processing required and the interview. It is fairly common for the petition date to expire and be extended so please do not worry about that. You won't run out of time for something beyond your control.

Hopefully someone will come along with the answer for the differences in the spaces for the number to check the status at the Embassy.

Edited by Kathryn41, 10 October 2012 - 10:44 PM.

Kathryn41FemaleCanada2012-10-10 22:43:00
K-1 Fiance(e) Visa Process & ProceduresI 134
Topic has been moved from the immigration News forum to the K-1 forum as the question relates to the K-1 process
Kathryn41FemaleCanada2012-11-15 00:25:00
K-1 Fiance(e) Visa Process & ProceduresBringing my 16 year old fiancée
One additional post has been removed, poster thread-banned and as promised, administrative action has been taken. The OP does not need your judgment or 'opinions'. If you have nothing constructive to add to this discussion, then please do not post.
Kathryn41FemaleCanada2012-11-19 00:19:00