ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresA situation with K1 interview: Advice needed.
Why not ask if someone at the Malaysian Consulate will contact the appropriate department in Malaysia to where they said they forwarded the documentation, and see if they can ask about it's status. You may wish to verify the address they sent it to and see if it was sent somewhere differently. Did they send it through Diplomatic Pouch? Sometime that process takes an incredibly long time, although I would be surprised if they used it. How did you pay for it? Has that been 'activated'/cashed to show it has been received? Did the Embassy say how long such certificates take normally? Under the circumstances, you may wish to file for another certificate but see if there is some way you can use a tracking system - either through the method of payment or paying additional for a courier. I'm not sure if that is an option or not.

I hope you find out something useful soon.

Regardless, definitely go to the interview even if you lack this document. Bring along the evidence to show the steps you have taken to get it. If everything else is in order the most likely result is that they will not be able to make a decision until after they receive the police report. Once they get it, they should be able to approve the application and issue the visa (assuming the missing police certificate is the only problem).

Good luck.

Edited by Kathryn41, 11 November 2011 - 10:41 AM.

Kathryn41FemaleCanada2011-11-11 10:35:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Fiance visa?
A K-1 visa is for a fiance of a US citizen to come to the US in order to get married to that US citizen. It sounds like this is exactly what you want to do, so yes, the K-1 visa would be the appropriate visa for you. Your other option would be a spousal visa, but you would need to get married first before you could start that process.

Welcome to Visa Journey :) - You've come to the right place. You will find lots of useful information here about how to do the K-1 visa process, and lots of support from other couples who are in various different stages of both the K-1 visa process and the other immigration processes that happens after your fiance arrives in the US and you get married.

Edited by Kathryn41, 18 November 2011 - 12:42 AM.

Kathryn41FemaleCanada2011-11-18 00:41:00
K-1 Fiance(e) Visa Process & ProceduresK1 status change
One inappropriate post and response to same have been removed. If you don't have anything useful to contribute, then please do not participate.
Kathryn41FemaleCanada2011-11-19 22:20:00
K-1 Fiance(e) Visa Process & ProceduresCalled the USCIS Hotline: What do they say about waiting?
Thank you cdneh,

Yes, this is exactly what I meant that if you have nothing constructive to contribute to the discussion, then do not participate. I have removed both the posted comment and the quoted comment, not only because it is supposition - it is completely false and the result of posting it can only be distressing.

I would like to remind everyone here that when you call the 1-800 "Information line" you are NOT calling USCIS. You are calling a call center with low paid non-immigration employees who answer the phone and have scripts in front of them that are supposed to help them answer very basic questions. They have no information on specific cases and can only access via computer the exact same information you can access for yourself when you have a USCIS status update account. The call center employee can escalate the call to an actual Immigration officer if they are faced with a situation they can't answer but they are discouraged from doing so and are very effective at resisting doing so. They have a standard line that if a certain amount of 'time' has passed they can open up a request and forward it to an officer for review but they themselves have absolutely no access to nor influence on any immigration file.

It is also good to remember that the 1-800 number is more commonly known as the Misinformation line and has got a lot of people into trouble with their applications when an call center employee has told them to do something that is absolutely illegal or has told them a situation is one way when it is not. Do NOT take advice from the Call Center employee. If you are able to be referred to the next level of contact, only then are you actually talking to someone who has any immigration experience or authority.

Please read this thread for more details - the poster worked as one of the Call Center employees and gave good information about what she could and could not do: http://www.visajourn...center employee

Edited by Kathryn41, 19 November 2011 - 11:50 AM.

Kathryn41FemaleCanada2011-11-19 11:42:00
K-1 Fiance(e) Visa Process & ProceduresCalled the USCIS Hotline: What do they say about waiting?
One inappropriate post and one post quoting same have been removed. Comments more appropriate to the Off Topic forum are not acceptable in the immigration forums. If you have nothing useful to add to the discussion it is better not to post at all.
Kathryn41FemaleCanada2011-11-18 22:22:00
K-1 Fiance(e) Visa Process & ProceduresExpedite Request by Myself or through my Congresswoman
Multiple posts containing TOS violations have been removed. Any further TOS violating posts will lead to a thread-ban.:

Make comments in a Post either direct or implied toward another member that are purposely designed to upset, antagonize, make fun of, belittle, or otherwise instigate an argument that takes away from the personal enjoyment of the Service by other users.

Publish, Post, upload, distribute or disseminate or offer to do the same any inappropriate, defamatory, infringing, obscene, or unlawful material, information, or in general, content.
http://www.visajourn...m/content/terms

Acceptable parts of the removed posts are returned below . Some posts have been edited to remove inappropriate content:

The OP hired an attorney, with whom they would have shared the details of their case, and whose advice they need to follow. There is a waiver to file in these situations and it needs to be filed by an attorney. Requesting an expedite is a simple procedure that may or may not succeed. It's an I-212 waiver, not an I-601. You don't wait for a visa denial to file this waiver and you DO go ahead and file a petition.

This is one of those cases where you simply don't know what you're talking about. Let the attorney advise their client.



A Waiver DOES NOT have to filed by an Attorney. An Expedite under the circumstances??? (edited)



(edited) They only filed a 129-F and have a NOA1. You can't add to a NOA1 or NOA2. They got Busted by USCIS before that. (edited)?



None of the above makes any sense. The waiver needed in this case can be and should be filed before the visa denial, so NOW, tomorrow or anytime, as opposed to an I-601 waiver that cannot be filed until after visa denial. This is a criminal matter, not an administrative proceeding. Leave it to the attorney.


Edited by Kathryn41, 24 November 2011 - 11:05 AM.

Kathryn41FemaleCanada2011-11-24 11:03:00
K-1 Fiance(e) Visa Process & ProceduresSCARS! I NEED THOUGHTS PLEASE!
Also, don't stop taking your medications. In fact, bring them along to the medical appointment so the doctor can see what it is. The medicine is helping you a lot so this is good - this is something you want the doctor to know about. He then knows that while you have had problems in the past, that you have already taken the steps to address them, that you are on medicine that works and should continue to work, and while you are on this medicine you won't have these problems. This is all very positive stuff that you want both the doctor and immigration to know. Since they will see the scars and ask you questions about them, instead of trying to hide it or ignore it, face the situation head on and show that you are now in control of the situation because of the medicine rather than your condition controlling you. The doctor will also see you as being conscientious and responsible and honest about your medical situation and likely to continue to be conscientious, responsible and honest in the future. These are all good things :yes: . If he requires extra consultation with a psychiatrist, then that is another opportunity for you to prove that you are able to manage this condition and are willing to do so. I would definitely bring a letter from your current doctor as well.

Good luck to you on both the medical and the interview :) .

Edited by Kathryn41, 26 November 2011 - 12:10 PM.

Kathryn41FemaleCanada2011-11-26 12:08:00
K-1 Fiance(e) Visa Process & ProceduresLong Story Short
First, congratulations on the pregnancy - it sounds like you are both happy to become parents :) .

You wrote:

Will the recently denied B visa application hurt his chances for the K1? Do we need to wait some time?



No. He was denied the visitor's visa for reasons that are totally irrelevant to the K-1 visa process. He should always disclose that the visa request was denied if he is asked and on any of the forms or applications where the information is requested (and it is). Having been denied for a B visa won't hurt his application for a K visa one bit - but lying about it will. He has to be honest. People get denied for visas all the time and are successful in applying for a K-1 visa later.

Is my pregnancy relevant (positive or negative)? (I doubt it will expedite, but must i disclose?)


Technically, it is neither for USCIS, however, it is very good evidence that you do satisfy the criteria of having met in person at least once during the previous 2 years prior to the application date :P . You can address it head on in a cover letter when you file the I-129f petition to start the K-1 process. That way you can control how you present that information and ensure it is a positive piece of information to your situation. The most favourable way is to write that you met while on holidays (or whatever the reason) last June, fell in love, ended up getting pregnant, and now that you are going to become parents have decided that the two of you want to get married and raise your child together as a family. You then add that you have attached an I-129f petition as you and your fiance would like to have him obtain a K-1 visa so he can come to the US and you can marry. (He will need to apply for further permission after your marriage for him to stay here permanently, just so you are aware of that).

What can we do to make the process as quick as possible? e.g. can he get a medical exam while i'm submitting my petition?


The best way you can make this process go as fast as possible is to educate yourself on what is involved now and down the road through the immigration process. Read everything you can find on the process; read the actual petitions and documents/forms required as well as their instructions. Ask questions here. Make sure you know what is ahead so you are prepared to do what needs to be done at exactly the right time. The more you know, the better off you will be to ensure you don't make any mistakes that will slow down the process or cause you delays. Your knowledge and awareness will serve you far better than going to a lawyer or a consultant to assist. While you may choose to do that, knowing for yourselves what is involved will help you make sure they don't add any unnecessary delays either. Be aware now if there are any 'red flags' ahead such as a criminal or a health problem so you can take any necessary steps to address them later.

This process takes its time and there is very little anyone can do to influence the process through USCIS and the Consulates. What you can do is to be prepared. The first stage is your requesting permission for your fiancee to apply for a visa - that is the I-129f petition. Make sure both of you read over the forms and have copies of all forms you fill out. After your petition is approved, it is his turn to do paperwork. He can make sure that he has all of the necessary documents like a birth certificate that lists both of his parents, a passport valid for more than 6 months, has had all of his vaccinations and has the paperwork to prove it, and after he hears from the Consulate, he can arrange for his security/police record checks and his immigration medical. You can make sure you have filed your taxes in a timely way so you can provide tax transcripts for the Affidavit of Support he needs to bring to the interview. Both of you need to be aware of opportunities to demonstrate your relationship - so when you travel and meet up with each other, keep copies of boarding passes and hotel room receipts, passport stamps from both of your passports showing you were in the same place at the same time, and photographs of you together. Both of you can learn about each other's background and family so that there are no surprises at the interview. So, basically, research, read, be prepared and work on your relationship will help this process go as fast as it can.

How dry should my/our letters (intent to marry, How We Met) be? I lean towards keeping them brief, but they may be TOO brief.


They don't need to be dry or overly emotional - just honest. My husband basically wrote that we were in love and he wanted to spend the rest of his life with me. He was free to marry and fully intended to marry me as soon as I was able to get my visa and come to the US. We were requested to submit a second letter of intent prior to the interview to show if we were 'still' intending on getting married, so he basically wrote the same letter and said 'Yes, I am STILL in love with Kathryn, I STILL am free to marry her and I STILL FULLY INTEND to marry her when she is allowed to have her visa and move to the US." It was actually quite cute :) . So, be honest and remember that this is a statement to the government that you both are both able and willing to marry each other and look forward to that day.

Good luck :) .

Edited by Kathryn41, 03 December 2011 - 10:28 PM.

Kathryn41FemaleCanada2011-12-03 22:20:00
K-1 Fiance(e) Visa Process & ProceduresDenied k-1 visa
Posts about a different K-1 situation split off and made into its own topic so both OPs can get appropriate information specific for their circumstances instead of confusing them together: http://www.visajourn...d-could-appeal/

Edited by Kathryn41, 21 August 2010 - 09:38 AM.

Kathryn41FemaleCanada2010-08-21 09:37:00
K-1 Fiance(e) Visa Process & Procedureswhat could it be
Topic has been moved from the Tourist Visa forum to the K-1 forum as a more appropriate location for this discussion
Kathryn41FemaleCanada2011-12-05 21:08:00
K-1 Fiance(e) Visa Process & Proceduresincome
Duplicate thread has been moved from the CR-1 Spousal Visa forum to the K-1 fiancee visa forum and merged with existing thread already in K-1 forum

Edited by Kathryn41, 05 December 2011 - 09:10 PM.

Kathryn41FemaleCanada2011-12-05 21:05:00
K-1 Fiance(e) Visa Process & ProceduresHow do you know if you passed the K-1 Medical
Topic has been moved from General Immigration Information Forum to K-1 Visa Process and Procedure forum as the question relates to a K-1 visa concern.
Kathryn41FemaleCanada2011-11-15 01:01:00
K-1 Fiance(e) Visa Process & Proceduresfatha_religieus wedding
Accidental triplicate threads have been removed.

Edited by Kathryn41, 05 December 2011 - 09:41 PM.

Kathryn41FemaleCanada2011-12-05 21:40:00
K-1 Fiance(e) Visa Process & Proceduresmarried before entering on K-1

Hi Kathryn41 if I may ask what is "STOKES" INTERVIEW? Sounds really scary even if there is no fraud it's like being stopped
by the police and you have no clue why. :blink:


A Stokes Interview is the name that has been given to a certain type of second interview where a beneficiary is applying for a green card (either the conditional green card or the permanent green card) through marriage to a US citizen. The couple has already had a first interview at a USCIS office in their area and for some reason the adjudicator is suspicious that the marriage is not real. They suspect fraud - that the couple is not involved in a real relationship, or that the circumstances of the marriage are not legitimate. Usually, they suspect that the US citizen is getting some sort of benefit for going along with the scheme, and the sole purpose of the marriage is to get the immigrant a green card. Sometimes the couple does not even live in the same house, and may not even have met before the marriage. Usually the evidence is fake. This type of interview is designed to reveal this.

The couple is separated and each one is interviewed separately, often quite extensively and for a number of hours. A Stokes Interview tries to make the parties in the relationship either 'prove' that the marriage is fraudulent by their lack of basic information about their partner or the relationship, or tries to get a confession from one of them, by threatening them, or saying the other has already confessed. It is like being grilled for a crime and iin this case the interviewers don't play fair. They can and do ask about all aspects of the relationship and specific details about the other person, about the daily routines together, about their job, their family, their past, their home - things that in most cases married couples generally (but not always) know about each other. Since they start from the premise that the relationship is fraudulent it is an uphill battle for the couple to prove that their relationship is valid. The objective is that only a real relationship will pass a Stokes Interview and fake ones will either 'break' or give themselves away.

You definitely don't want to go through a Stokes type interview.

Edited by Kathryn41, 14 December 2011 - 09:05 PM.

Kathryn41FemaleCanada2011-12-14 21:03:00
K-1 Fiance(e) Visa Process & Proceduresmarried before entering on K-1
One blank post and one inappropriate comment have been removed. Please remember, the OP has asked for advice about the proper course of action, not for your judgment and not for your insults. Please read over the circumstances of his situation clearly before responding, as inaccurate information is also not helpful.
Kathryn41FemaleCanada2011-08-09 15:46:00
K-1 Fiance(e) Visa Process & Proceduresmarried before entering on K-1

Thanks Kathryn, i appreciate what you are doing truly.

I know USCIS investigates and microscope and the whole thing. They would not find anything NOW because we are not married yet. And we were planning to get married again after entering the US. we thought each government would have a wedding date and that they would never conflict. how would each government find out about the other date?...USCIS asks the Egyptian government for criminal history as far as i know, lets say they check on martial status as well..lets say they ask her martial status when she applies for citizenship years from now, would the Egyptian government give the wedding date they have!!

p.s. i m starting to feel where you are coming from. if i do cancel the K1 visa...its going to be wait time from hell...oh god...i know you guys would say wait now and have a piece of mind vs take the chance and risk getting her deported years later


Oh I am so glad you are starting to see why we are concerned. It would just take one unplanned, off the cuff comment in an interview anywhere from AOS to citizenship - or a comment or document from somewhere else with conflicting information - to bring down the whole house of cards!

Your options are to withdraw the K-1 and get married in her home country, then start the process all over again with a CR-1. It would add a few months at the beginning of your relationship but would also add many happy and worry free years of marriage afterwards not having to look over your shoulder for USCIS, hoping no one in the family says anything, hoping nothing causes USCIS to 'investigate' a fraud charge. If at any interview appears like you are withholding information, then you would probably face being interviewed and grilled - harshly with accusations of fraud - separately, not knowing what the other is saying. When you actually are guilty it is almost impossible to stand up to 'Stokes" interview.

If it is an issue of her family not allowing her to leave unmarried, is there a way you can apply for a visitor visa for her mother to accompany her to the US after your fiancee gets the K-1 (she will have 6 months time in which to use it), then arrange for a place where she and her mother can live until you are married and allowed to live together in the US? That would take care of some of the 'leaving the country unmarried' issues. It is unlikely that both parents would be allowed visas but one may if the other and the rest of the family remain behind. Then when she is free to leave the US (has her AP or her green card) you can travel back to her home for another ceremony?

No one wants to be separated during this process but unfortunately, when we fall in love with people from other countries, we are bound by the rules of those countries in order to allow the relationship to proceed to the next level. The future is so unpredictable - it is always best to make sure that you have all of the details done correctly and completely from the very beginning so you don't have to deal with any unexpected -and devastating - surprises in the future.

Short term pain for long term gain,I think, is the phrase you need to consider.

Edited by Kathryn41, 08 August 2011 - 11:20 PM.

Kathryn41FemaleCanada2011-08-08 23:15:00
K-1 Fiance(e) Visa Process & Proceduresmarried before entering on K-1
Here is a link to a similar story to the one I quoted above - also from Japan - http://www.visajourn...post__p__943472

Edited by Kathryn41, 08 August 2011 - 11:06 PM.

Kathryn41FemaleCanada2011-08-08 23:06:00
K-1 Fiance(e) Visa Process & Proceduresmarried before entering on K-1
If you think that USCIS wouldn't find out then you need to do a lot more research than you have yet done into US immigration processes.

Just to clear up some issues:

You apply to sponsor a fiancee to the US. USCIS investigates to make sure you are qualified to sponsor a fiancee. If you are, your petition is approved. The process then moves overseas to your fiancee' home country. The Department of State which oversees consulates now investigate whether she is eligible to receive a K-1 visa. She provides them with detailed information about who she is, where she lives and works, and her marital status. They will investigate with a fine tooth comb all aspects of her situation, her background, and your relationship looking for evidence of fraud. They ensure that you have followed proper cultural procedures/rituals and have the evidence to prove it. They run security and criminal checks. Some countries also require additional processing which can include 'home visits' and contacting family members to ask them about the relationship. You will both state in writing that you are free to marry and intend to marry when she arrives in the US and sign these documents. If you lie about this, then the lie will be discovered - and it will be discovered - sooner or later. If sooner, then she will be denied the visa. If later then several things may happen.

For instance, if she gets a K-1 visa, then you marry before she arrives in the US, she is no longer eligible to enter the US on the fiance visa as she is no longer a fiance. If she tries to use the K-1 visa and lies at the POE that she is not married, she has then committed misrepresentation - one of the biggest 'crimes' as far as USCIS is concerned. Her arrival to the US is only valid for 90 days. She needs to request permission to remain in the US by applying to change her status from non-immigrant fiancee to permanent resident. Part of this application includes the marriage certificate - the date of which needs to be after her entry to the US - and further proof of the relationship. Once again your relationship is put under a fine tooth comb and may involve another interview. If she was married before she entered, it is likely to be discovered. She will be guilty of several counts of misrepresentation which will lead to detainment by USCIS, deportation and a life time ban on ever being allowed to enter the US.

If the fraud is not discovered at the AOS stage, then 2 years later your relationship is once again put under the microscope when she applies to remove the conditions of her two year card - oh yes, she is only allowed to be in the US for 2 years before she has to prove the validity of your marriage once again. There are more security checks and the possibility of another interview.

Even if it is not discovered now, there is no statute of limitation on immigration fraud. Anytime in her whole life it can be discovered that she did not get married in the US but was married before she came and used a K-1 visa knowingly and fraudulently - leading to detention, deportation and a life time ban.

Seriously, if you love this woman you will NOT subject her to any sort of illegal immigration activity. The news media are filled with tragic stories of families being torn apart because one member has committed some sort of illegal immigration activity and has been banned from the US. There is a fairly recent story of a US citizen who did exactly what you are proposing with his Japanese wife. It was discovered 2 years later after they already had a family. They have spent the last few years apart fighting to try and find some sort of loophole to allow his wife to re-enter the US. Their claim that their family wanted to see her married before she left Japan held no water with USCIS. She was guilty of immigration fraud and is now banned for life while she and her family are suffering the consequences of her misrepresentation.

If you do not have the time and the money to do it properly, then you need to re-think your situation. It will be a lot more time-consuming, expensive and heart-rending to be commit immigration fraud because you don't see how USCIS would ever know. It is USCIS's business to know. Uncovering immigration fraud is their bread and butter.

On another issue, it is also a violation of the Terms of Service for Visa Journey to commit or to condone any sort of illegal immigration activity. I have left your post rather than removing it as I feel you need to be advised about the degree of danger your suggested course of action holds for someone you are supposed to love. Don't be so selfish. If she cannot leave her home unmarried, then you need to get married and file for the correct visa for her to come to the US. That is your only real course of action.

Edited by Kathryn41, 08 August 2011 - 10:55 PM.

Kathryn41FemaleCanada2011-08-08 22:50:00
K-1 Fiance(e) Visa Process & Proceduresmarried before entering on K-1
Three posts have been split off from the end of an older thread and made into its own thread.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Kathryn41FemaleCanada2011-08-08 22:00:00
K-1 Fiance(e) Visa Process & ProceduresExpecting
Additional inappropriate comment has been removed and one member thread-banned
Kathryn41FemaleCanada2011-11-21 23:49:00
K-1 Fiance(e) Visa Process & ProceduresExpecting
Several posts containing inappropriate comments and violating TOS have been removed and one post edited. The OP has asked for advice about her petition; she has not asked for your judgmental comments about her relationship. Any further such comments will result in a thread-ban.
Kathryn41FemaleCanada2011-11-21 22:51:00
K-1 Fiance(e) Visa Process & ProceduresImportant QUESTION !
It is required. Not including it will hurt your application. Including it will help. :)
Kathryn41FemaleCanada2011-12-16 22:43:00
K-1 Fiance(e) Visa Process & Procedureshow to count AP weeks ?
Topic has been moved from Removal of Conditions forum to K-1 forum as OP is seeking a K-1 visa
Kathryn41FemaleCanada2011-12-16 23:34:00
K-1 Fiance(e) Visa Process & ProceduresRussian Fiancee received noticed for Interview but...
She doesn't need to bring a copy of the original petition for the interview, but it is useful for her to have it for her own information. Are you able to scan and email her the contents of the original? She may be asked questions that relate to the contents and this way she will know the answers. So, you don't need to mail a copy but if you can get the information to her, it will be useful for her.

The Consulate, btw, already has your original I-129f petition so they don't need one from her as long as she does have all of the other documents that were requested. When she is approved for the K-1 and the visa placed in her passport she will also be given a large brown sealed envelope (she is not to open it under any circumstances). This sealed envelope actually contains all of her immigration paperwork to date - including the I-129f petition. She will courier it back to the US with her and hand it in at her POE where it will once again enter the USCIS system.

Edited by Kathryn41, 21 December 2011 - 01:58 AM.

Kathryn41FemaleCanada2011-12-21 01:56:00
K-1 Fiance(e) Visa Process & Proceduresthanks god
Thread has been moved from the Canada Regional Forum to the K-1 Visa forum as OP is talking about an RFE for a K-1 visa and this is a more appropriate forum for this discussion.
Kathryn41FemaleCanada2011-12-23 19:37:00
K-1 Fiance(e) Visa Process & ProceduresVisa Denied, Devastated, Please HELP!!!
I have removed two posts inappropriate to the discussion. As I have already issued a warning about 'attitude' , continuing to discuss the issue will derail this thread and be of no benefit to the OP. So, if you have nothing of use to contribute to the OP's benefit then please do not participate in this thread. Thank you.

Edited by Kathryn41, 30 November 2010 - 12:14 AM.

Kathryn41FemaleCanada2010-11-30 00:13:00
K-1 Fiance(e) Visa Process & ProceduresVisa Denied, Devastated, Please HELP!!!
Being sarcastic or insulting does not help the OP and detracts from the valid points in your comments. There is no need for 'attitude' when answering a simple request for help in understanding what has happened and what to do next.

____________________________________

Moderator hat off now . . .

You can refile for another K-1 visa but it is unlikely to be approved unless you can address their issue of relationship. It does seem ridiculous, but since that is the route they have chosen to go, you need to address it whether you wish to pursue another K-1 or go ahead, get married and pursue a CR-1 spousal visa.

Collect your evidence. Definitely put together a 'family tree' showing the full names, date and place of births and if applicable, dates of death for your parents and grandparents. List as well any brothers and sisters your parents, and each grandparent has/had. If you have date of births for them as well, very good. The more complete you can make this the better it will serve you. Do the same thing with your fiancee's family. Any relationship farther back than that is not a significant degree of consanguinity and should definitely not be applicable. Regardless, you have stated there is no relationship so going back 2 generations will reinforce your statement. If you have copies of birth certificates for any of the individuals listed, get photocopies of those as well.

You can also, if you wish to spend the money, have DNA tests done on both your fiancee and yourself showing the degree of relationship, if any, that exists genetically. This is virtually foolproof evidence that there is no relationship, especially as USCIS/DOS accepts DNA to prove when there is relationship and often requests it for certain family sponsorships.

You can try pursuing another K-1 with this information, or you can get married in the Dominican Republic and re-apply for a CR-1 spousal visa. If the Consulate's concern was that you were related and that is why you were pursuing immigration, then providing evidence to the contrary should be sufficient. No, it isn't fair and unfortunately there doesn't seem to be many options to call out a Consulate when staff behave like this, so the best thing to do is to beat them at their own game. Try to think of it as the road taking a detour but you are going to end up in the same place in the long run.

Good luck to you.
Kathryn41FemaleCanada2010-11-29 21:29:00
K-1 Fiance(e) Visa Process & ProceduresAge Difference Conssideration For Visa?
A number of inappropriate comments derailing the thread from the OP's question have been removed along with posts quoting them. Acceptable parts of the removed posts are returned to the thread below. If you wish to discuss the pros and cons of age differences in a marriage, please start a separate thread to do so and do not derail the OPs thread. He asked a simple question- please confine your responses to his question only.

Thank you.

:unsure:

I am not sure I get the meaning. Discrimination? I can assure you I am very discriminating in whom I will sleep with the rest of my life and advise others to be also. So far the concept of "equal rights" has not extended to marriage, by law. We still get to choose whomever we want to marry for whatever reason.



I am not apposed to marrying some one older or younger as long as it's reasonable age.



and who gets to decide the "Reasonable Age"? You? The media? Your parents?

In not-so-recent history it was taboo to marry someone outside their race or religion. Thank God that society has matured past that narrow minded thinking. Then the controversy was over same-sex relationships, again society has adjusted and the world didn't come to an end. Take a look at the divorce rates and you will find that so-called traditional marriages (same basic age, race, religion, etc.) are failing at a record rate. Whats even sadder is that some 'non-traditional" marriages fail, not because of incompatibility but due to the unfair and bigoted attitudes that bombard the couple from society.

The only ones that should decide the "reasonable age" question should be the ones that are marrying each other. What business is it of yours or anyones else?


Kathryn41FemaleCanada2012-01-01 14:47:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa denial. relationship for immigration purpose. badly depressed,
Several posts exchanging insults have been removed. It is a violation of the terms of service for Visa Journey for members to insult, provoke or make personal attacks on other members. Please choose your words carefully when you respond and please read responses with care, recognizing that you may be reading a harsher tone into a post than was meant by the poster. If you have problems with a post, do not respond to the poster - ignore them - and report the post to the Moderation team by clicking on the report button on the lower left hand side of every post. We will review the situation and make the appropriate response.

Edited by Kathryn41, 18 November 2011 - 11:27 PM.

Kathryn41FemaleCanada2011-11-18 23:26:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa denial. relationship for immigration purpose. badly depressed,
One unnecessary comment and an inappropriate response have been removed and one post edited to remove the quoted inappropriate response

I would like to remind everyone that on Visa Journey you will get many responses and not all of them will be what you enjoy reading. Some countries have higher incidents of fraudulent applications and unfortunately, many legitimate relationships from those countries run into road blocks because they have a higher standard to meet to show that they are not one of these fraudulent applications. While it may not be something one wishes to hear, it is important to be aware that this does play a major factor in any Consulate decision about an immigration application. It is also not appropriate to respond to any other VJ member, regardless of what they have written, by insulting or attacking them. Use the report button to report an inappropriate comment to the moderation team and then ignore the post in the thread.
Kathryn41FemaleCanada2011-11-18 07:54:00
K-1 Fiance(e) Visa Process & ProceduresWhite-out on G-325a
One post has been edited and another deleted to remove personal attacks. You can disagree with each other but you do not have the right to insult or call each other names.
Kathryn41FemaleCanada2012-01-18 23:26:00
K-1 Fiance(e) Visa Process & ProceduresWhite-out on G-325a
Just to add a comment from personal experience . . .


I ended up using white out on several petitions/applications submitted to USCIS and Department of State/Consulates. Mind you, this was a few years ago now, but through the whole USCIS process from K-1 to Naturalization we did not receive a single RFE . While I agree, it is preferable to make sure the information is written down correctly in the first place, still errors happen -in this case, copying over from the 'work sheet' application, I ended up transposing information to the wrong line and the had to change some dates as information had changed between the time I had filled out the form, (eg death of a parent, last visit to US, etc.) and the day they were actually submitted. So circumstantial evidence does support that white out is allowed.

Perhaps for federal employees who represent the Government on contracts they need to be more transparent on their paperwork and instead of hiding their errors, like we do, they have to correct the error but keep it visible in order to ensure there is no concern about 'changes'. Since petitioners and beneficiaries are not under a contract of employment with the government, it appears that they just have to make the information legible. Our signatures are also on the document stating it is correct and it generally goes directly from our hands to USCIS, so there is no one who is going to change it to make it erroneous, except for a rogue adjudicator - which is extremely unlikely to happen.

Regardless, both Gary and Brian have evidence on their sides to show both positions are accurate: USCIS prefers to receive petitions and applications that do not have errors whited out - but they also accept them without a problem.

Edited by Kathryn41, 18 January 2012 - 08:08 PM.

Kathryn41FemaleCanada2012-01-18 20:05:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Process
I see you are posting this in the Bringing Family members of Permanent Residents to the US forum. Are you a US citizen yourself, or are you a Permanent Resident? If you are a Permanent Resident yourself, this question is a moot point. Only US citizens are allowed to sponsor a fiancee.
Kathryn41FemaleCanada2012-01-21 22:37:00
K-1 Fiance(e) Visa Process & Proceduresk-1 Information
Topic has been moved from US Citizenship Discussion to K-1 Fiancee Visa Process & Procedures forum as a more appropriate location for this discussion
Kathryn41FemaleCanada2012-01-25 23:45:00
K-1 Fiance(e) Visa Process & Procedures2nd RFE...:( so sad
Duplicate topic started in the K-3 forum has been moved and merged with this topic in the K-1 forum
Kathryn41FemaleCanada2012-01-25 08:31:00
K-1 Fiance(e) Visa Process & ProceduresIs my wife still considered k-1 holder after wedding
topic has been moved from Bringing Family Members of US Citizens to America forum as this is still a K-1 issue.
Kathryn41FemaleCanada2012-02-04 20:52:00
K-1 Fiance(e) Visa Process & ProceduresShe is HERE and i need help!

Thanks and you have been very helpful and everyone else here too. I have done reading and well as i can i understand the processes.
From what i understand it will be cheaper and somewhat easier to get married at the justice of peace here and get the CR-1.
And she WILL be able to visit on a CR-1, as well as a fiance visa?????? She does unfortunately after some talks have to go home and finish school. boo. The cost difference is like 1300 from what i understand. And if she returns to Mexico then my only options are CR-1 and k-1 correct?


Yes, actually, you have identified another benefit of the CR-1 process - it is cheaper than the K-1 process. It sounds like this is a viable option for you. Yes, she is allowed to visit while waiting for a CR-1 visa to be processed, but while she is allowed to visit it will still be up to the border authority each and every time she tries to enter the US whether to allow her to enter or not. She needs to be prepared on each and every request to visit to reassure the border guard that she has no intention on remaining in the US on this visit, by providing evidence of her ties to Mexico. It will be her job to reassure them that she is 'safe' to enter the country because she will be leaving the country at the end of her visit. She will need to provide documentary evidence that shows her ties to Mexico and that she needs to return to Mexico rather than staying in the US. Having a return air ticket if she is flying is good. Bringing proof of her attendance at school is very good. She can come prepared with copies of her enrollment, her course schedule showing how long she has before she has to return to class and making sure her ticket and the schedule match. Other evidence since as ongoing bills she still pays, any contracts she has such as a lease or mortgage, pre-paid traveller's health insurance coverage for the time she is in the US only, all these are useful. Also, when you start the immigration paperwork, she should plan on carrying a file with copies of all the documents for the CR-1 visa in it, especially the NOA receipts or notifications. This will show USCIS that not only is she aware of the proper process, she is following it and you two have already started the paperwork and invested money in the process. That offers its own level of reassurance. There are no guarantees they will let her enter - there never are - but she is certainly stacking the deck in her favour by preparing like this.

Yes, CR-1 and K-1 are her only options to return to the US if your plans are to live together as a married couple in the US. If she qualifies she may be eligible for a student visa or perhaps an employment based visa, but they also have their own hoops to jump through and won't necessarily allow her to remain in the US with you after their termination.

Good luck.

Edited by Kathryn41, 15 January 2012 - 08:34 PM.

Kathryn41FemaleCanada2012-01-15 20:31:00
K-1 Fiance(e) Visa Process & ProceduresShe is HERE and i need help!
post containing inappropriate comment has been removed
Kathryn41FemaleCanada2012-01-15 12:03:00
K-1 Fiance(e) Visa Process & ProceduresShe is HERE and i need help!

@Kathryn41... If i understand you, if they now marry she can not leave the US. again until her AOS is complete? assuming all is as OP says and this was not a planned wedding, she probably has many things in her home country that need attending. ( perhaps house, car, ect) Seems quite a quandary.


Yes, it can be quite a quandary. Marrying on the 'spur' of the moment or marrying without having planned to stay in the US at the time of entry does leave unfinished business behind. It is a nuisance, at the very least, and can cause real challenges at its worse. Once someone applies to adjust status, if they leave the US without permission or proper authority to re-enter the US, USCIS considers them to have abandoned their AOS petition and cancels it. The individual will now need a proper spousal visa before they will be allowed to re-enter the US. They may or may not be allowed to visit on a visitor's visa but that would be up to the border guard where they apply for re-entry to decide. They may well be denied due to their earlier actions on a visitor's visa, and told to wait for the spousal visa to arrive.

The 'good news' is that having such items in need of attention that must now be handled from a distance reinforces the statement that there was no intent on entry to remain in the US on this trip, so that does go to the immigrant's benefit when dealing with USCIS and at the interview. The down side is that you do need now to deal with these things through the help of friends and family.

What to do about unfinished business back home- is also something that needs to be considered after a couple decides to marry on a 'visit'. Is one able to manage their affairs back home from a distance sufficiently - which may mean children and pets and jobs and other responsibilities left behind for someone else now to look after, or do they decide to follow a CR-1 spousal visa, which means that the beneficiary returns home and completes the processing of the spousal visa through the US Consulate, allowing them time to prepare and finish up any outstanding business before leaving?

Edited by Kathryn41, 13 January 2012 - 10:06 AM.

Kathryn41FemaleCanada2012-01-13 10:02:00
K-1 Fiance(e) Visa Process & ProceduresShe is HERE and i need help!
Bob 4 Anna has given you the right answer. If your fiance and you did not intend to get married and have her remain in the US to adjust her status while on this visit, and while she is here, the two of you decided to go ahead and get married, you are allowed to do so, and then apply from within the US for her adjustment of status from a tourist visa to a permanent resident. Since she did not enter with intent to remain in the US on this visit, this is a legal option. If the two of you had planned to get married and have her remain afterwards, then that would be fraudulent as it was knowingly using a visa issued for one purpose - visiting - for another purpose - immigrating.

She needs to understand that once you have made this decision to marry and adjust status (get a green card) from within the US, she cannot leave the US or this option is no longer legally available. She will basically be restricted to remain within the US until after she has applied for her green card based upon her marriage to a US citizen, and received either the green card itself, or at the very least permission to travel called 'Advance Parole'. If she has overstayed her tourist visa by the time she applies for AOS, then she is better off not leaving the US even with an AP as there is no guarantee of re-entry and it would mean having to start the whole immigration process all over again from the beginning with a spousal CR-1 visa.

So, you have three legitimate options under your current circumstances: a) get married now and apply for her permanent residence status aka get her green card; b) get married now and she returns home before her 90 day visitation expires, and you sponsor her for a CR-1 spousal visa allowing her to return legally to the US as a permanent resident; or c) file for a K-1 visa, she returns home after her tourist visit is over, she obtains a K-1 visa allowing her to return legally to the US in order to marry you and apply for permanent residence status, you get married and she applies to become a permanent resident.

As Bob 4 Anna mentioned, you do need to read up on the various steps involved. The immigration process doesn't stop with her getting to the US and getting married. There will be a number of additional hoops for the two of you to jump through even after she gets her green card. Information will help you make sure you don't do something foolish that will compromise your ability to live happily ever after in the US.

Good luck.

Edited by Kathryn41, 12 January 2012 - 09:03 PM.

Kathryn41FemaleCanada2012-01-12 21:00:00