ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresHard Case for Expert Here
duplicate post removed. It isn't necessary to post the same question more than once :)
Kathryn41FemaleCanada2011-02-18 00:00:00
K-1 Fiance(e) Visa Process & ProceduresMy K1 nightmare
Just as an additional bit of information - when your fiance calls the Information number for USCIS he is not actually speaking to the immigration department or an immigration officer. He is speaking to a low wage Call Center employee who has a script of answers for general questions in front of them. They are notorious for providing wrong information repeatedly - so much so that they are better known as the 'Misinformation line". One of their standard answers - I am sure it is on their script - is to say 'call back in 30 days' or even 'call back in 90 days'. They have no access to real information, certainly no more than your fiance does on line himself. They can, if they think it is a situation that they can't address through their scripted responses, forward a call to an actual immigration officer - but they are very reluctant to do so, especially when it relates to a waiting period for an approval.

So, reassure your fiance that the flaw is because the Call Center is not a reliable source of information. Hopefully, he will be receiving approval of the I-129f very soon and the two of you can get busy on the next stage of the process. Most of the waiting is while the service centers process huge volumes of applications for a wide variety of different visa types - not just for K-1s. Once they get to your paperwork, though, things should move much more quickly. Fortunately, London is not one of the slower Consulates so you shouldn't experience too many more delays after this.

Edited by Kathryn41, 17 February 2011 - 12:21 PM.

Kathryn41FemaleCanada2011-02-17 12:20:00
K-1 Fiance(e) Visa Process & Procedureshow hard can it be????
I've moved this thread to the K-1 forum for the time being since it appears that is what the OP is considering for now.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Moderator hat off now . . .
Welcome to Visa Journey :)

You may also wish to stop in at the Canada Regional Forums as there are a lot of Canadian/American couples going through both the K-1 and the CR-1 process. The more you can learn about the processes involved before you start and before you act in any way that can jeopardize your eventual life in the US as the wife of a US citizen, the better off you will be. You can take advantage of the valuable experience many of our members have.

As has already been mentioned, there is no quick process to get to the US to be with your loved one now you are contemplating marriage and moving to the US. Both legal processes will take approximately a year. The fastest one is the K-1 because you can start it now rather than waiting until after you get married.

One thing that you cannot do, even though you will be told by many people that you can, is come to the US as a visitor with the intention of getting married and staying in the US without having the proper entrance visa. The K-1 visa is an entrance visa for you to enter the US as a fiancee and get married within 90 days, then apply to become a permanent resident. The CR-1 visa is an entrance visa for the spouse of a US citizen and includes permanent residency when you cross the border. Entering on a tourist visa with the intent to stay in the US through marriage to a US citizen is considered visa fraud and is treated very harshly by US immigration authorities. If you misrepresented your intentions when you crossed the border, not only would your request to become a permanent resident be denied, you could also face up to a life time ban on ever being allowed to enter the US.

So,I don't want to scare you, but I do want to reinforce how important it is to follow the proper immigration processes when you are involved with an American. There are no short cuts and that special Canadian privilege that we enjoy as visitors no longer exists, although we do have an easier time visiting our loved ones while waiting out the process than partners from many other countries, as long as we are able to prove through documentation that we have strong ties to Canada that necessitate our return.

So, take your time, read over the processes involved, ask questions, make sure you are prepared for the demands on your patience and your dedication to each other, and arm yourself with information and knowledge. They will be your best weapons, tools and allies while dealing with US immigration and the US Consulate..

Edited by Kathryn41, 18 February 2011 - 10:08 PM.

Kathryn41FemaleCanada2011-02-18 22:06:00
K-1 Fiance(e) Visa Process & ProceduresWhat does relatively fast mean?
I will remind everyone that judgmental posts and personal attacks are inappropriate. If you disagree with what you read and have no constructive information to give, then please do not answer if all you intend to do is judge the other person. If the person is doing or proposing something illegal, then report it to the moderation team. If it is a situation that is legal but you don't like it, then just don't respond.

To the OP, if you want to find your previous threads, just click on your profile name. You will see the option of 'find my content' in the menu. Click on that and it will open up a list of all of your previous posts. Here is a link to all of your previous posts: http://www.visajourn...vity&mid=101558

Please also be aware that for people who have been waiting a long time to go through the immigration process with a loved one they already know and have met, it can cause some upset to hear of someone who is hoping to find that perfect partner overseas through a planned process rather than through a lucky coincidence. Both types of relationships can be valid but sometimes that can be hard for someone to see when it is a different approach to relationships than the one they have taken, so you may wish to be aware of those sensitivities when you post your questions as well.

Edited by Kathryn41, 19 February 2011 - 06:56 PM.

Kathryn41FemaleCanada2011-02-19 18:55:00
K-1 Fiance(e) Visa Process & Proceduresquestion about visa k1
Numerous have been removed for inappropriate comments and TOS violations. If you are not able to post a response without containing judgmental criticism and personal attacks, regardless of the perceived provocation, then do not respond. Comments that would be allowed to pass in the non-immigration forums on Visa Journey are also not acceptable in the immigration forums. Acceptable parts of the removed posts are returned to the thread below.

I suggest to the original poster that he open up his own account rather than using a friend's account . The responses you got where people believed they were your friend is the best indication of why using another's account is a bad idea.

That being said, I am closing this thread, due to numerous TOS violations.

Kathryn
VJ Moderation Team

Ok, let's say for the sake of argument this is your friend's account the bottom line is you are still MARRIED and you met another woman. Bottom line is the consulate isn't going to let this slide and don't try to hide anything because they do an incredible set of background checks. Feel free to go to other websites but the answer won't change.



Divorce your wife, then try to get a K1. And please, post about your interview experience at Casablanca.



Are you looking for an answer to you question or are you looking for someone to tell you what you want to hear??

If you are looking for an answer then open an account with your facts and dates listed so we can understand and give you an educated answer to your question.

If you are looking for someone to tell you what you want to hear the hire a lawyer. He or She will be happy to hear you out and I am sure after your check has cleared the bank will start clocking the hours until it is time for the next check.


Kathryn41FemaleCanada2011-02-27 10:44:00
K-1 Fiance(e) Visa Process & ProceduresArrest Problem for K-1 Interview
He needs to be honest about the situation - that he was 'arrested', detained, whatever and then the charges were dismissed. Obtain all of the documentary evidence that he can about the proceedings - police records, newspaper clippings, etc. The K-1 is just the first step in a multi-step immigration process and he will be asked variations of this question on each and every document. On some the wording is more specific - not if he was found guilty' but if he was charged, fined etc. He will need to disclose the situation even if there is no record on the police documents. Start now on the way you wish to proceed all the way through - and the best way to start is to be honest because that is the only way you will know it won't come back to haunt you later. (You may find it interesting to read over the instructions for the I-485 form (Adjustment of Status), the I-751 form (Removal of Conditions) and the N-400 application form (Naturalization) as these are still ahead of him in the Immigration process. He needs to do the first two, although citizenship is optional.)

If the charges were dropped that means he was either innocent or there was not enough evidence of his guilt. If the charge was being an illegal immigrant and he was legal, then he was innocent and the 'resisting' arrest part is what he will want to address. Get all of the evidence up front now and be prepared to address it. It should not be a problem for his immigration paperwork from the circumstances you have outlined. It will be a problem if he later has to change his story or else lie to maintain the fake story, and if it is a fake story then he will never be free from the risk of possible discovery and deportation for misrepresentation. The 'crime' of misrepresentation is a much more serious one in the eyes of USCIS than being held for resisting arrest when innocent. The police records are clear and that is what will carry a lot of weight, but their own research may well reveal the other information as well so he needs to be the one to reveal it willingly and up front rather than wait for them to discover it and wonder why he didn't disclose it.

I have a minor charge in my past that did not show up on my police records either even though I went to court and had a very minimal fine. The charge was rather ridiculous and actually the interviewer smiled when she read it over, but I did disclose it even though I could probably have 'got away' without doing so. The end result is that I rest easy and comfortable in my new life here in the US secure in the knowledge that I told the truth and there is nothing that can come back and bite me.

Edited by Kathryn41, 13 February 2011 - 11:10 PM.

Kathryn41FemaleCanada2011-02-13 23:05:00
K-1 Fiance(e) Visa Process & ProceduresK-1 or bust
Post discussing a separate concern has been split from this topic and made into its own topic here: http://www.visajourn...what-can-we-do/
Kathryn41FemaleCanada2011-02-28 13:50:00
K-1 Fiance(e) Visa Process & ProceduresK-1 or bust

that is not a visa fraud as what i've understand on what i've read the OP applied the fiancee visa before they got married...well i had a lot of USC friend that applied a fiancee visa to there fiancee and then they got married there in the philippines before they enter in the USA because the parents of them girls will not allow thier daughter to leave the country and not let the USC bring thier daughter in foriegn country without being married first infront of the parents,when they enter in USA they got married within 90 days and adjust the status...me myself i married my wife twice in USA and Philippines so her family friends and relatives can witness and see her walking in the aisle...

This is only and opinion...If you want a legal advise hire an immigration lawyer...


This absolutely IS visa fraud. A fiancee visa is for a fiancee. A fiancee is NOT MARRIED anywhere whether it is in the Philippines before she arrives or in the US when she arrives. If she gets married before she enters the US as a fiancee, then she is fraudulently using a visa issued to a fiancee with the full knowledge that she is not a fiancee but a wife. There is a totally different visa required for a wife - a spousal visa called the CR-1/IR-1.

If there was a non-official ceremony that did not make the couple married - and some religious services in some countries fall into that category - then this isn't fraud as the marriage is not a legally recognized marriage. Any foreign ceremony that results in a legal marriage makes a fiancee visa unusable for the person to whom it was issued.

Of even greater concern is recommending anyone to hide information that affects their eligibility for an immigration benefit or to misrepresent the truth of a situation - which is what you recommended doing when you said to enter the US on a fiancee visa even though she is no longer a fiancee. This is called misrepresentation and it is taken so seriously by USCIS that a charge of misrepresentation is often enough to bar the individual from entering the US for life.

To use a fiancee visa the beneficiary must be a fiancee when the application is made, still be a fiancee when the K-1 is issued and still be a fiancee when she crosses the border into the US. Having a second marriage does not make the fraudulent use of a fiancee visa for a wife to enter the US legal - it just compounds the illegality.

If you have done this, your wife is not safe from immigration. Whenever this is discovered your wife - even if it is 25 years from now and she is a US citizen - she will be deportable and probably banned for life unless the 'marriage' you had before you left was not legally recognized by the Philippines government.
Kathryn41FemaleCanada2011-02-28 11:05:00
K-1 Fiance(e) Visa Process & ProceduresK-1 or bust
Two posts recommending visa fraud and one post quoting same have been removed. The acceptable part of the post quoting the fraud recommendation is returned to this thread below.

It is a serious violation of the Terms of Service for Visa Journey to recommend any sort of fraudulent immigration activity. When you became a member of Visa Journey you specifically agreed NOT to:

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.


IMPORTANT INFORMATION ABOUT FRAUDULENT OR ILLEGAL IMMIGRATION ACTIVITIES

VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board.

For more information on immigration and how immigration fraud affects all members of the immigration community please see USCIS.GOV.


http://www.visajourn...m/content/terms

How does this not constitute visa fraud? Isn't that violation of TOS to suggest this? They are already married - he could not legally get a marriage license to marry again.



Some of the longer members here will remember a case from about 3 years ago where a US citizen married his Japanese fiance in Japan after she had got her K-1 visa because her family wanted to be at the wedding. She succeeded in entering the US on the K-1 visa but when she applied for her AOS the first marriage was discovered. Not only was she deported she was banned for life from ever returning to the US. Last I heard her US husband was still trying to find some way to bring her back to the US legally and was racking up enormous legal bills with little likelihood of success.

It was your choice to marry before getting a final decision on the appeal. Your wife cannot use a fiancee visa even though one was granted - she no longer qualifies. You need to start all over again with a spousal visa - the CR-1. Good luck. I know it is no consolation but you are not the first to have this happen, nor will you be the last.
Kathryn41FemaleCanada2011-02-28 10:54:00
K-1 Fiance(e) Visa Process & ProceduresI must make HOW much for K1
Thread has been moved from AOS forum to K-1 forum as OP is at the K-1 stage
Kathryn41FemaleCanada2011-02-28 22:37:00
K-1 Fiance(e) Visa Process & ProceduresIs It Time?
Yes, with the recent RFE it is too early to call your Senator. You need to give them enough time to review and process the information you submitted in response to the request. Most people hear a decision within a few weeks of sending back an RFE so I expect you will hear something in the very near future.

Just for future reference - to contact your Senator or Congressman you can initiate the process by downloading a permission action form from their website (most seem to have one there). Then you fill it in and send it to them (delivery by mail or by fax) and do a follow up call to confirm they received it. They need to have a signed legal statement from you authorizing them to investigate your personal circumstances. The process is pretty straight forward. You can certainly call first to let them know to expect it but nothing happens until they receive the form.

Edited by Kathryn41, 20 March 2011 - 11:40 AM.

Kathryn41FemaleCanada2011-03-20 11:37:00
K-1 Fiance(e) Visa Process & ProceduresMarriage before K1 visa approval!
One duplicate post has been removed.

~~~~~~~~~~~~~~~~~~~~~~~~~

Moderator hat off . . .

One quick comment- the K-3 is no longer a valid option. The K-3 was established as a ways to allow married couples who are apart during the lengthy CR-1 process to come together and complete the process in the US. Once the K-3 process started to take the same length of time as the CR-1 process (which sped up), anyone applying for a K-3 finds the application administratively closed and their file transferred to a CR-1 - so save yourself some trouble and some time from filling out unnecessary forms and apply directly for the CR-1.


To the OP: You have received some good advice here. As much as you would like to get married in September, then return to the UK to await the approval of your K-1 visa - that is not a legal option.

You have applied for a fiancee visa. That means you still have to be a fiancee when you receive the visa and when you enter the US on the visa. You cannot be married. Several points you need to know:

1.) If you enter the US on the K-1 visa and are no longer a fiancee, then you will be found out during the rest of the immigration process (there are several stages to complete within the US over the next few years involving copies of your marriage certificate, etc. ) and deported for misrepresentation - considered one of the highest immigration 'crimes' by USCIS - with a probable life time ban.

2. If you enter the US and get married then leave to return to Britain, you nullify the K-1 visa and it is no longer available for you to use. You have to start the whole immigration process all over again from the beginning with a CR-1 (spousal) visa, with its fees and applications and additional waiting time which again is just under a year - so you basically make your 'wait' longer rather than shorter.

3. If you enter the US with the intent of getting married and remaining in the US without having the K-1 visa, that is considered visa fraud - using a visitor visa or the VWP as a means to by pass the proper immigration process with its longer processing time (K-1) - not that you have suggested this but I want you to know that this is NOT an option at this stage of the game. Visa fraud is taken very seriously by USCIS and again can lead to a lifetime ban from the US. (If you were in the US with no plans of getting married when you arrived and your circumstances 'changed' while here, you would be allowed to marry, remain and change your status from visitor, student, worker, etc. to become a permanent resident without leaving the country but not when you entered with the intention to marry - you need the proper visa for that).

4.You can have some sort of celebration of your union in September that does not include any marriage activity - calling it an engagement party is a good idea. Having any sort of officiant present will run you up against the risk of it being perceived as a wedding - and even wearing wedding clothes and going through the whole 'process' gives the impression that it is a wedding. This can be an uphill 'fight' against USCIS/Consulate staff who often think 'if it looks like a wedding, then it is a wedding'. K-1s have been denied their visas even for such non-official weddings because the interviewing officers believe that a wedding may indeed have taken place and on the chance that it is legal, have denied the petition. The individuals involved have then had to get married for real and apply all over again from the CR-1. So - don't do anything that 'looks' 'sounds' or 'acts' like the actual wedding prior to arriving on the K-1.

5. When you do enter the US on a K-1, I hope you realize that you will not be able to leave the US and return again until one of 2 things happens. After you are married you need to apply for permission to remain in the US (called 'Adjustment of Status' or the green card). At the same time you can apply for special travel permission called an Advance Parole. Until you receive either the green card (become a permanent resident of the US) or the Advance Parole (also known as 'AP') if you left the US, you would not be allowed back into the country and again would have to start the visa process all over again from the beginning with a CR-1.

So, just be aware that the US takes immigration very very seriously and has little sympathy for anyone's personal circumstances, virtually no 'give' in the process, and a strict insistence on following all of the rules absolutely.

Edited by Kathryn41, 20 March 2011 - 11:02 AM.

Kathryn41FemaleCanada2011-03-20 10:56:00
K-1 Fiance(e) Visa Process & ProceduresLooking for similar cases
Post containing personal attack and violating TOS (Terms of Service) for this site has been removed. It is fine to state your disagreement with someone's comments but you do not have the right to make personal attacks at someone for making a comment with which you disagree.
Kathryn41FemaleCanada2011-03-25 18:18:00
K-1 Fiance(e) Visa Process & ProceduresNo info at all
Be sure that the petitioner sends in the request and in the request state specifically that you are the petitioner and have the right to know specific information about your petition. If you have both received back letters denying a response based upon privacy legislation, obviously one of them is wrong.

You could also contact your Senators' or Congressman's office, completing a privacy permission form, and asking them to investigate on your behalf. Provide them with the copies of the letters you received back to both of you denying a response based upon privacy concerns as obviously the one sent to the petitioner is wrong. Six months seems to be the magic number for a decision, though, so it may be that will be the answer you get back, however sometimes elected officials are able to get action on something that is truly delayed or misplaced.

Good luck.
Kathryn41FemaleCanada2011-03-26 09:54:00
K-1 Fiance(e) Visa Process & ProceduresI-1751 ??
Inky explained it well.

Consider the whole immigration journey like this:

Step 1: K-1 visa (I-129f) plus Consulate interview - K-1 visa valid for 6 months;
Step 2: enter the US and get married within 90 days
Step 3: file for permission to remain in the US by becoming a Conditional Permanent Resdient ( "Adjustment of Status" aka AOS using form I-485) - status good for 2 years when approved;
Step 4: file to remove conditions on Permanent Residency (Removal of Conditions using form I-751) - PR status permanent but PR card good for 10 years when approved
Step 5: apply for US Citizenship - eligible on 3rd anniversary date of receiving the 2 year AOS (N-400) - good for life.

When you get the green card (PR status) set aside a box and for the next 2 years put into that box anything and everything that shows you are a married couple that has co-mingled your financial, social and personal lives. That is the evidence you send in along with the I-751. It is easier to collect it as you go rather than trying to remember everything you have 2 years later :yes:.

As Inky said, you have lots of time yet. That is one thing US immigration always has lots of - far more than we all want - time (most of it spent waiting) :P

Good luck!

Edited by Kathryn41, 01 April 2011 - 07:03 PM.

Kathryn41FemaleCanada2011-04-01 19:01:00
K-1 Fiance(e) Visa Process & ProceduresHELP! I was approved but....

Hi, I just received my approval for I129F. My first question is
It says Its an Approval Notice and its valid from Now: until July 24 2011. Does this mean my fiance must marry me by July 24th? Im pretty sure its a yes, but I need to make sure.

Second question is: I was supposed to have kept my teaching job, but I recently was let go, I can barely support myself, and honestly I dont think I could support my wife/fiancee. I think the only thing I can do is cancel the whole visa.I wont have a steady job for a while. Is there any way I can keep the approved status, but at the same time move the date that we have to get married by further back, so its not so early as July 24th?

Lastly, and maybe the most important question: If my fiancee comes here before the 24th of July, and we get married, can she go back to China?, this way I dont have to cancel the visa and redo it later...but im not sure if she can go back to China after we get married...if she can go back..how long can she stay there???? 1 month? a year?

Im really sick to my stomach, I was hoping the approval would come later, and I also didnt expect not to have a real job now. I dont want to cancel, mainly because it might make doing this process all over again more difficult, or they might decline us. Any help would be appreciated. thanks


You've just received your approval for the I-129f? That is the approval for the first stage only - the NOA2. It is sent to your address, not your fiancee's. This approval is valid for 4 months and during those 4 months the application and file will be sent to the US Consulate responsible for K-1 visas where your fiancee lives. The general process after this is that the Consulate will contact your fiancee, advise her that there is an approved petition for her and invite her to file for a K-1 visa. You can find out more in the China Regional Forum about the exact steps involved for this stage of the K-1 process, but the short answer is - no - your fiancee will not be marrying you before July 24th. That is just the approval validity for the I-129f petition - and it is likely that the rest of the processing for the K-1 won't be completed by then so it will likely be extended automatically by the Consulate.

Once the Consulate notifies your fiancee, she will be given instructions about what she needs to do to get the K-1 visa. This will include getting police security checks, specific documents, having an immigration medical and then attending an interview. She won't know if she is approved for the K-1 visa until the interview at the earliest. I would guestimate that she will get her interview sometime during the summer, but again, those in the China Regional forum will be better able to give you a timeline.

Once your fiancee is approved at the interview, and receives the K-1 visa, the visa is valid for 6 months. That means she has 6 months time in which to wrap up her affairs in China and enter the US. Once she enters the US you and she must get married within 90 days to fulfill the conditions of the K-1 visa.

The K-1 visa just gives your fiancee permission to enter the US and get married. It doesn't give her permission to stay in the US but it does allow her to apply for permission to stay in the US. That is the next part of her immigration journey. After you are married, your wife then files to Adjust her Status from a K-1 non-immigrant to a Permanent Resident (called AOS or Adjustment of Status). When the AOS is approved she will get a 'green card' - or proof of her Permanent Resident status. This card is valid for 2 years and before it expires, you both need to send in another application to immigration providing documents that show you have a valid marriage. When that petition is approved she will get a 10 year green card.

So, you have a lot of time ahead of you yet. One thing that will be of concern - when your fiancee goes to the interview she needs to bring with her a document from you called an Affidavit of Support. This is proof that you are financially able to support her when she comes to the US. If you are not yet working again, most Consulates accept a co-sponsor who can guarantee on your behalf that she does not become a public liability. You will also need to repeat this Affidavit of Support with the AOS application, so this is what you need to look at for now.

When your fiancee does arrive in the US on a K-1 visa, she will not be allowed to leave and return to the US without one of 2 documents - her green card or a special travel permission called "Advance Parole" that she files for at the same time as she files for her green card.

You may wish to read over the Guides at the top of the forums about the K-1 visa and about the AOS process. It will help you to understand better what challenges you may be facing and what different steps you will need to take along the way.

Edited by Kathryn41, 01 April 2011 - 06:47 PM.

Kathryn41FemaleCanada2011-04-01 18:40:00
K-1 Fiance(e) Visa Process & ProceduresI-129F
Don't send in any documentation until you receive the RFE requesting it. The RFE will have a different address and you need to include the RFE notice with the documents. This returns the RFE exactly to the desk of the person working on your file. If you send in documents to the general address, they don't get matched up right away to your file because your file is in a pile somewhere waiting for its turn. By the time they get around to the additional documents and try to match the up, you would already have received the RFE and would have had to re-send the documents. USCIS deals with tons of paper and it is very easy for something to get lost. Wait until you receive the RFE with its proper 'tracking' system and that will ensure what you send gets to where it needs to go.

Edited by Kathryn41, 02 April 2011 - 07:52 PM.

Kathryn41FemaleCanada2011-04-02 19:51:00
K-1 Fiance(e) Visa Process & ProceduresDo you need to be living and working in the USA to file the petition?
You could do what you suggest as long as you have an American address where the NOA1 and 2 can be sent. You can use your parents' address, especially if they are willing to be co-sponsors for the Affidavit of Support.
Kathryn41FemaleCanada2011-04-02 17:59:00
K-1 Fiance(e) Visa Process & ProceduresArranged marriage?
Inappropriate judgmental post and post quoting same have been removed. If you have nothing constructive to add to this discussion, then keep your judgments to yourself and do not participate at all.

Edited by Kathryn41, 02 April 2011 - 05:56 PM.

Kathryn41FemaleCanada2011-04-02 17:55:00
K-1 Fiance(e) Visa Process & ProceduresQuestions...Please Help!!!

Move to K1 forum?


Yes :yes: . Moved from Finding Work in America Forum to K-1 Visa Process forum as a more appropriate location for this discussion.
Kathryn41FemaleCanada2011-03-25 21:08:00
K-1 Fiance(e) Visa Process & Proceduresthis is driving me crazy
Thread moved from the AOS from a work, student or visitor visa forum to the K-1 forum as OP is still waiting for a K-1 visa and is not adjusting status (yet :) ).
Kathryn41FemaleCanada2011-04-07 23:36:00
K-1 Fiance(e) Visa Process & ProceduresHow to get your Passport with child support arears?
Please stop the judgmental comments. Without knowing the circumstances that lead to a parent being in arrears for child support, it is unfair to paint them all with the same negative brush. Such comments add nothing constructive to the discussion.
Kathryn41FemaleCanada2010-10-28 18:05:00
K-1 Fiance(e) Visa Process & Proceduresk1 visa. delay
please stop the bickering - it is distracting from the Original Poster's thread and content and has no place in the immigration forums.

Visa Journey is an experiential based forum. There will be comments made with which others may not agree but that does not necessarily mean that the information is incorrect or the advice wrong. It is not appropriate, however, to tell others who are providing information not to participate. While we wish everyone would be considerate with their comments, people do have different posting styles and what one may see as overly blunt and abrasive, others may see as honestly realistic. Regardless, it is inappropriate for any Visa Journey member to attack other posters. You can express your disagreement with the contents of their messages but you do not have the right to make personal attacks or comments against them. It is also important to remember that while we each have our personal preferences, no one country is 'better' or 'worse' than another, especially when that is the country where your loved one lives. We are a multi-cultural site and it is best to remember this when posting.

Moderator hat off . . .

Unfortunately, there are countries considered by US immigration to be 'high fraud' based upon their experiences there. Nigeria is one of these countries. Applicants from these countries do face longer delays and closer scrutiny than applicants from countries considered less risky. It is next to impossible to provide any reasonable time frame on how long this extra scrutiny may take as each situation is different. The best advice for the OP is to be patient and hang on. Keep contacting DOS for regular updates and keep working on your relationship. As unfair as it is, you will be held to a higher standard to prove the validity of your relationship than couples from other countries so it is best to be aware and to be prepared, regardless of how unsatisfying it is to hear this news. You have the opportunity while you wait to create and gather more evidence to show the strength of your relationship.

Good luck to you.

Edited by Kathryn41, 16 March 2011 - 09:28 AM.

Kathryn41FemaleCanada2011-03-16 09:26:00
K-1 Fiance(e) Visa Process & ProceduresSubmitting i-129f petition while fiancee visiting in US
Yes, you - or your fiance, that is :P, can submit the I-129f petition while you are visiting in the US. Your permanent address is in Canada and that is the address that he will put on the forms. You are here visiting, so none of the information really changes just because you are temporarily in the US. All of the processing for the actual K-1 part will happen in Canada which is what you want.

You're right, Canadians enjoy a special entry status that is neither a visa or a visa-waiver status. All other individuals entering the US receive an I-94 (or a variation of it for visa waiver countries) upon entry, but Canadians do not. Canadians just present themselves at the border and receive a de-facto B-2 visitor's visa, the length of time determined rather nebulously by the border official upon entry but to be for no more than a 6 month maximum duration. Just write - "Canadian citizen, no I-94 issued" and n/a in date of expiry. You will be fine. If you need to hand write it in afterwards because you can't do it on the fillable form, then that is fine too.

Just to make things easier for you in future applications of the immigration process, start keeping track of your dates of entry and leaving the US as you will be asked to provide this information. It is easier to note it now rather than scramble to try and find it later.

Good luck.
Kathryn41FemaleCanada2011-05-09 21:29:00
K-1 Fiance(e) Visa Process & ProceduresWaiting to mail in I-129f
A number of inappropriate comments have been removed along with a few posts quoting them. If you are unable to respond to the question in a constructive manner, then it is better that you do not respond at all. It is also a violation of the Terms of Service for Visa Journey to attack any member. If you disagree with the contents of a post, state your disagreement clearly and courteously; do not attack the poster.
Kathryn41FemaleCanada2011-05-13 18:30:00
K-1 Fiance(e) Visa Process & ProceduresDENIED . . . ?
Topic title edited to be a little less disturbing and more accurate for the contents of this thread :) .
~~~~~~~~~~~~~~~~~~~~~~~

Moderator hat off now:

Reasons for denial include: Petitioner not being eligible to sponsor fiance/e (ie not a US citizen, not free to marry, too close a family relationship, etc. ); Petitioner and Beneficiary not having met within the last 2 years - or not being able to prove it; Petitioner and Beneficiary suspected of a fraudulent relationship entered into only for immigration purposes; Beneficiary has a criminal record or moral turpitude issues (eg prostitution, drug abuse, belongs to terrorist or other types of suspect organizations, etc.); Beneficiary has serious health issue that poses risk to US citizens and cannot be resolved; Petitioner fails to meet the necessary income requirements for the Affidavit of Support (may be allowed to overcome with co-sponsor but is Consulate specific); Beneficiary has been banned from the US for previous immigration violations (ban may be temporary or permanent and can sometimes be overcome with special waivers); beneficiary misrepresents or lies about a crucial bit of information that if known, could impact the decision (ie failing to disclose a previous arrest, etc.); Beneficiary not eligible to marry (ie. still married and not divorced/annulled); couple fails to satisfy cultural/societal requirements/patterns of the foreign country for marriage eligibility . . there may be more (probably are) but these are the ones that come to mind.

The usual reasons are that the couple has failed to meet in person within the last 2 years - or are unable to prove it - and the Consulate suspects the relationship may be fraudulent and entered into only to gain immigration benefits. Most of the posters on Visa Journey find this site early enough in their process that they are able to take advantage of the members' knowledge and prepare their petitions in such a way as to address these issues. Even still, some in the higher fraud countries still run into road blocks.

Good luck to you.

Edited by Kathryn41, 09 May 2011 - 10:47 PM.

Kathryn41FemaleCanada2011-05-09 22:39:00
K-1 Fiance(e) Visa Process & ProceduresVaccin et radio
This is a reminder that non-English is allowed only in the Regional forums. Please post any questions in the immigration forums in English.

Loosely translated from French:

Me again, hey yes bcp, question, DSL ...

Is the vaccine against cancer of the cervix is really mandatory?
Does this doctor do the x-rays or do we do them before the medical examination?

I found no accounts on the medical examination, can someone give me more info without going into personal details?

Thank you bcp.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Hi bcp,

No, the cervical cancer vaccine is no longer required and the immigration doctor you see should know this.

The x-rays will be taken by the doctor as part of your immigration medical and the radiologist will prepare a report that will be included in the medical exam package that you will receive from the doctor. You will take this package with you to the interview.

The exam is very straight-forward. While there are variations between countries, basically you will have your vital statistics (weight, height, blood pressure, temperature, etc.) taken. You will have several small vials of blood taken. There will be a simple physical exam (check eyes, ears, throat, etc.). There will be a quick 'check' for gender (hands-off), and you will provide your medical and vaccination history. You will have x-rays taken either at the same facility or at another facility where they will send you. If you have any medical condition, bring along information from your family doctor and copies of any prescriptions that you take. It really is one of the easiest physical exams you will ever have.

I hope this helps.

Edited by Kathryn41, 18 May 2011 - 09:55 AM.

Kathryn41FemaleCanada2011-05-18 09:53:00
K-1 Fiance(e) Visa Process & ProceduresRFE I'm LOST!!
They mean all of the pages - even the blank ones. While the blank ones mean nothing to you, they show immigration that there are no additional stamps or entries on those pages that could provide conflicting information, corroborating information or suspicious information. They are looking for what isn't there as well as for what is. Even 'blank' pages are informative when viewed in the whole passport.

Edited by Kathryn41, 02 June 2011 - 08:02 AM.

Kathryn41FemaleCanada2011-06-02 08:02:00
K-1 Fiance(e) Visa Process & ProceduresLiving in Canda--not a citizen
You're welcome :) . Good luck to your friend.
Kathryn41FemaleCanada2010-11-26 21:12:00
K-1 Fiance(e) Visa Process & ProceduresLiving in Canda--not a citizen

Thank you. That makes a lot of sense. I assume that if the name check is not going to be ready before he leaves, he can just have it sent to him?


He should see if they are willing to mail it to an out of country address. He may need to arrange for an in-country address and someone to forward it to him. Hopefully they won't require an in-person pick up or else he will need to authorize someone to pick it up. This is something he can discuss with the office when he goes to get it done.
Kathryn41FemaleCanada2010-11-26 21:10:00
K-1 Fiance(e) Visa Process & ProceduresLiving in Canda--not a citizen
Actually, upon checking the requirements from the US Consulates in Canada for processing applications the individual needs to be legally present in Canada and provide a copy of the documentation, valid for at least 6 months, proving their legal presence, so with an expired visa your friend would not be eligible to process through Canada at all, so it is good that he is deciding to go home and apply from his home country.

Please remind him that he must be honest with all of his information to US immigration, so if he is asked at any time in any way if he had overstayed his visa in Canada or what his legal status was in Canada - which may or may not come up during the interview about how and where he and his fiancee visited - he must be honest. The overstay in Canada will not hurt his application to the US - but lying about the overstay or trying to hide or misrepresent that information definitely will be a problem. The US is only concerned about overstays in the US and not in other countries. He has nothing to gain and everything to lose by trying to hide or misrepresent the visa overstay in Canada.

Edited by Kathryn41, 26 November 2010 - 08:56 PM.

Kathryn41FemaleCanada2010-11-26 20:50:00
K-1 Fiance(e) Visa Process & ProceduresLiving in Canda--not a citizen
Here is the information he needs to know to get a criminal record check from the RCMP from outside of Canada: http://www.rcmp-grc....cj/c216-eng.htm

He should know that the processing time is a matter of months, not weeks or days, when requesting a fingerprint check. I still think it would be a good idea for him to get the name check from within Canada while he has the option and if he wishes, do a follow up fingerprint check from outside of the country. He can go to his local police office for the Canada wide name check and say it is for US immigration purposes.

Here is the link to more information on the criminal record fingerprint check: http://www.rcmp-grc....mpr-faq-eng.htm

Your friend will also find the links included here on VJ of use to him. They explain the different requirements: http://visajourney.c...ndex.php/Canada

At the very least, your friend should try to obtain the necessary fingerprint form before he leaves Canada as the original needs to be returned by mail in order to start the process.

Edited by Kathryn41, 26 November 2010 - 08:44 PM.

Kathryn41FemaleCanada2010-11-26 20:35:00
K-1 Fiance(e) Visa Process & ProceduresLiving in Canda--not a citizen
I don't think he should. The RCMP/police check is doing a name check for criminal activity - not immigration status. He should tell them it is for US immigration purposes and that he is leaving Canada shortly so would like to have it before he leaves. He should be fine. It can take anywhere from a few days to a few weeks depending on the place he gets it done - there doesn't seem to be a standard time frame nor even a standard form. It does need to state that it was a Canada wide name check and when he fills out the US immigration applications he can show by the dates that he was actually in Canada when he applied for the form so they should accept it as valid and not require him to get a fingerprint check as well.
Kathryn41FemaleCanada2010-11-26 20:20:00
K-1 Fiance(e) Visa Process & ProceduresLiving in Canda--not a citizen
If he had legal status in Canada - on a student visa or a work visa or as a permanent resident - he would have no problems processing the K-1 visa through Canada. As he does not have legal status in Canada it is unlikely he would be able to process the visa through Canada. Even if they did accept this he is running the risk that he would be discovered and deported from Canada and thus have to go through a transfer of the file from Canada to his home country. Is he able to extend his visa? (What type of visa is it, btw). It would have to be valid for at least a year because that is what K-1s through Canada are currently taking when you count in the approximately 5 to 6 month wait for an interview at the US Consulate in Montreal (it is faster if he is on the West Coast as he would then go through the Consulate in Vancouver).

His overstay in Canada isn't going to be a problem with US authorities - it is just a problem with Canada. He will probably not be eligible to be processed in Montreal since he has no legal status in Canada now.

He will have to list Canada on the application form as one of the places he has lived for more than 6 months since turning 16, and he will need to get an RCMP or police clearance record stating he has no criminal record in Canada. If he has no criminal record this is something he could get done before he returns to his home country by doing a Canada wide name check at a local police station or RCMP post. If he leaves Canada he has to obtain a fingerprint check and that definitely takes much longer to get. The name check should cover up to the time he leaves Canada or as close to it as he can make it as it needs to be 'recent' for when he has his interview.

It may even be faster for him to get a K-1 from his own country than it is from Canada so what he gives up in convenient access to the US he may gain in processing time.

Edited by Kathryn41, 26 November 2010 - 08:05 PM.

Kathryn41FemaleCanada2010-11-26 20:04:00
K-1 Fiance(e) Visa Process & ProceduresDS 260
How frustrating! It sounds like your problems are being caused by the Consulate using a form for a purpose it was not designed to do.
Kathryn41FemaleCanada2011-06-13 19:00:00
K-1 Fiance(e) Visa Process & ProceduresDS 260

Our embassy requires form DS 260... put SPOUSE as is the closest to fiance :)


If your Consulate requires this form, then write in Fiancee. Writing in Spouse for someone who isn't a spouse may cause you problems later on either for misrepresentation or by saying that spouse's are not eligible for a K-1 visa. Better to go with what is accurate even if you have to write it in later - or at the very least find somewhere on the form where you can state fiancee, not spouse.
Kathryn41FemaleCanada2011-06-13 18:45:00
K-1 Fiance(e) Visa Process & ProceduresDS 260

DOES ANYONE KNOW WHAT YOU SHOULD PUT IN THE PART FOR PETITIONER AND IT SAYS PETITIONER IS AND THE OPTIONS ARE FATHER, MOTHER, BROTHER, SISTER, SPOUSE, CHILD, STEPFATHER, STEPMOTHER, EMPLOYER, SELF. BUT IT DOES NOT HAVE THE OPTION FOR FIANCE


The DS260 is for an Iimmigrant Visa - the fiance visa is a non-immigrant visa. The form for a fiancee is DS 156k and DS 156 http://www.state.gov...ation/82063.pdf

Edited by Kathryn41, 13 June 2011 - 06:34 PM.

Kathryn41FemaleCanada2011-06-13 18:31:00
K-1 Fiance(e) Visa Process & ProceduresTourist Visa vs. K1
Yes, it is illegal - and it is a violation of the Terms of Service for Visa Journey for anyone to suggest that you pursue any sort of immigration fraud.

As was mentioned above, intent is everything. Entering with the intent of getting married and staying is visa fraud - using one type of easier to get visa to get around applying for the harder-to-get but more appropriate visa. If you do not have the intent of getting married and staying when you arrive you are allowed to 'change your status' based upon an unanticipated change in your circumstances . It is interesting to note in the case posted above where there was a $1000 fine, it was for an individual who did not even have a clear cut 'intent' to stay at entry, only a recognition that it might happen - and when it did, USCIS assigned the penalty of a fine. It is quite likely that if she had not been so forthright with the border authorities when she entered and admitted she was considering marriage, it is likely the penalty would have been more than the fine.

While some may appear to 'get away' with it - at least at the time - you need to remember that there is no time limitation on immigration or visa fraud. If the fraudulent act is discovered even 25 years afterwards, even if one has become a US citizen, one can still be stripped of that citizenship, deported and banned for life. Is that a weight you want to have always hanging over the head of your loved one and your family?

We may all know someone who 'got away with it for now' - but guaranteed, there are many who did not get away with it and are now facing long separations from their loved ones in the US - or the whole family is waiting out a ban in a foreign country. There are definitely some members here on Visa Journey who are dealing with those circumstances.

So, yes, not only is it illegal, it is just not worth it. The 'easier' path is a deception only - and that is why, for those of us to whom our loved ones' security and happiness are as important as our own, we follow the legal immigration processes. They are worth waiting for - and worth doing it legally and right.

Edited by Kathryn41, 16 June 2011 - 11:02 PM.

Kathryn41FemaleCanada2011-06-16 22:57:00
K-1 Fiance(e) Visa Process & ProceduresWorthwhile to make InfoPass appointment for delayed K-1 Approval?

I was not suggesting that, I was inquiring if it could be done.

Not understanding how that is illegal? He has a visa already which is legal
Living in NYC I have met many people who are here under different visas (work school and visitors) they meet their significant other and decide to get married. My sisters husband actually entered the us under a work visa. He eventually meet my sister and they were married. Because he entered legally he had no issues with AOS. It could be possible that the law changed, either way find out, keep all your options open.

He is legally able to enter the US, if he can then he should, then they can take that time together and see what there next moves will be


I have removed your first post because it is advocating Visa Fraud. I have left the two posts quoting yours with the statements that the action you suggest is illegal. I am now responding to your comments here to explain why this is illegal.

AOS from a visa for someone who is already in the US is legal because the person entered the US with the intent to study, to visit, to work - and TO LEAVE at the expiration of their visa. While already in the US their circumstances changed so they are allowed to file a request to adjust status to become a permanent resident based upon their changed circumstances AFTER their arrival in the US.

If someone is outside of the US and intends to marry an American citizen and live in the US there are specific visas for that - a K-1 fiance visa for someone who enters the US unmarried with the intention of getting married and remaining in the US, and a CR-1/IR-1 spousal visa for someone who is already married to a US citizen and wishes to enter the US and remain to live in the US. If either of those circumstances apply, then the individual has to use one of those visas to enter the country. They are an intending immigrant - they are not an intending visitor.

If they use a visa designed for another purpose - especially one that includes the provision that they intend to leave the US at the end of that visa such as a visitor's visa - then they are misrepresenting their intentions - lying - in order to gain an easier immigrant benefit as a way to avoid the more time-consuming legal way. This is why it is considered immigration fraud. They are lying about their intentions and their plans to US authorities. This is considered so serious a 'crime' that it carries a life time ban from ever entering the US. If he tried this he WILL be discovered in the lie since he has already filed his intentions to enter the US, marry and remain in the US with his US spouse. They WILL match up the paperwork.

So, basically what you just suggested that they do is to lie to immigration, say that he is entering the country with the intention of leaving at the end of the stay authorized by the visitor visa, then when in the US applying to change his status to remain permanently - and commit an immigration violation for which he will be caught and that will prevent him from ever living legally in the US.

That is why it is dangerous to make suggestions that one ignore the intent of the existing visa and to use it for an ulterior purpose. There is a world of difference between someone who is already in the US who entered without the intention of remaining then finding themselves in changed circumstances so that they now do want to stay, and someone who is outside of the US, using a visa with an authorized period of stay to enter the US as a means to bypass the legal visa process and then lie about that intention.

The OP is following the correct legal process and has suggested an intelligent approach to resolve their situation - going for an Infopass. The information added later about the stolen passport with a valid US visa certainly provides a good reason why there might be a delay in processing the application. I suspect that this might be the information she receives when she investigates further.

Edited by Kathryn41, 19 June 2011 - 11:11 PM.

Kathryn41FemaleCanada2011-06-19 23:08:00
K-1 Fiance(e) Visa Process & ProceduresWorthwhile to make InfoPass appointment for delayed K-1 Approval?
I'd give it a try. At the worst they will say they can't tell you anything and you will be in the same place that you are. At the best they will be able to give you some information, or perhaps your in-person inquiry might 'shake loose' the application from the desk on which it is currently languishing.

Good luck to you.
Kathryn41FemaleCanada2011-06-18 10:02:00