ForumTitleContentMemberSexCountryDate/Time
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
K-1 Fiance(e) Visa Process & ProceduresCan my fiance do the interview in the United States?
No, unfortunately. The fiancee visa can only be interviewed for and issued outside of the US. She will need to attend the interview in the Consulate/Embassy where she is scheduled. A visa is permission to enter the country for a specific purpose. A visitor's visa is permission to enter as a visitor; a fiancee visa is permission to enter as a fiancee. They aren't interchangeable. Fiancee visa interviews are not available inside the US.

Edited by Kathryn41, 20 June 2011 - 10:09 PM.

Kathryn41FemaleCanada2011-06-20 22:07:00
K-1 Fiance(e) Visa Process & Procedureshow long does it take for the embassy to let you know ur interview date?
I've moved this thread from the AOS forum to the K-1 forum as the more appropriate location for this discussion
Kathryn41FemaleCanada2011-06-20 21:53:00
K-1 Fiance(e) Visa Process & ProceduresUnusual K1 Visa purpose
Ah, I understand.

The Consulate may not have fully appreciated what you were planning on doing, or they were aware that it would be unlikely for her to get a tourist visa to the US, especially when you two were planning on marrying in the US. US foreign officials always suspect potential immigration fraud - that once she was there the two of you would plan to remain in the US and apply for her green card at that time - so set the requirement that she needed the K-1 even to enter the US. It isn't actually an accurate process for your intentions, but then they are the ones who set the hoops and tell you how high to jump. Suspecting that might have been one of the consideration, that is why I phrased my first sentence as I did . . . 'that you don't necessarily need a fiancee visa to do that'. The 'necessarily' was in consideration that the Consulate may not have given her a tourist visa under any circumstances so the only way for her to get to the US would be with a fiancee visa.

It is unfortunate that you were made to spend that amount of money and that amount of effort for what should, in fact, have been a tourist visa. Still, there is no reason why she cannot enter on the K-1, get married and then the two of you leave before the 90 day period authorized by the K-1 entry expires. Since your plans are to live permanently (at least for now) outside of the US, it is not only pointless to apply for a green card, she would also not be eligible. Green cards are for people who intend on living in the US - so you at least save yourself that amount of money.

If and when you do decide to return to the US, you would be able to repeat the process by what is known as a DCF - Direct Counsular Filing - of the I-130 petition. In the meantime, if you are both residing in Russia, own property, have jobs and other evidence that shows your intentions to return to Russia, she should be able to qualify for a visitor's visa more easily in the future.

Good luck to you.

Edited by Kathryn41, 20 June 2011 - 09:00 PM.

Kathryn41FemaleCanada2011-06-20 20:58:00
K-1 Fiance(e) Visa Process & ProceduresUnusual K1 Visa purpose
Well, in many ways you have probably wasted the time and money spent on getting a K-1 visa. The visa is good for a one-time entry to the US for a foreign fiancee of a US citizen to enter the US for the purpose of getting married and applying to remain in the US. There is certainly nothing wrong with applying for the K-1 visa entering the US and getting married and then leaving the US, but you didn't necessarily require a fiancee visa to do that.

If your 'wife' leaves the US after entering on a K-1 visa she will not be allowed back into the US unless she has either her green card (AOS) or a travel document known as Advance Parole (filed for at the same time as the AOS application) or a CR-1 visa. Once the K-1 is used it is over and done with - there is nothing there to be used again.

In order for your wife to return to the US you would need to petition her for an IR-1/CR-1 spousal visa. You would start this by filing the I-130 petition either in the US or at a US Consulate overseas if you are legally living in that country. She would have to redo all of the security checks, medical exams, you would have to provide the same financial information and she would have another interview.

Yes, your passport needs to be valid in order for you to return to the US. If it is due to expire during the time you expect to be away you should go ahead and apply for a new one now. That way you won't have a problem re-entering the US, even though you are a US citizen.

I am not sure why it is necessary for you to move back to Russia right away, but if you chose to remain in the US long enough for her to get her green card, she would be allowed to travel outside of the US for up to one year and still be allowed to return to the US with you (as long as you don't intend to reside overseas and this relocation is temporary). If she planned to be outside of the US for more than one year then she would need a special type of travel permission and would have to return to the US before 2 years are up. If your planned time in Russia is temporary, you may wish to consider delaying your plans to move at least until she gets a green card so you don't have to go through the whole immigration process all over again the following year. The CR-1 process itself takes about a year so you would almost need to apply for it shortly after you leave the US if you wanted to return a year later. If you don't intend to live in the US for a while, then there is no need for any type of visa.

You are making it very complicated on yourself. If you have room to consider other options, you may find it much more sensible to delay your year outside of the US for a few months so she can get her green card.

Edited by Kathryn41, 20 June 2011 - 07:59 PM.

Kathryn41FemaleCanada2011-06-20 19:56:00
K-1 Fiance(e) Visa Process & ProceduresUS citizen, marry in Canada, return to US
Welcome to Visa Journey and congratulations on your engagement :).

There are some problems in the plans you propose, and you have some choices to make which will entail compromising what you want, unfortunately. You can, however, chose between the compromises to get close to what you want.

First, the K-1 visa is good for a one time entry to the US. She cannot be married to enter the US on a K-1 visa and once she enters on the Visa she needs to get married IN the US within 90 days. Once she is married, she then needs to apply for permission to remain in the US by adjusting her status from a non-immigrant fiance to a permanent resident. This is done by filing an application called Adjustment of Status (AOS) and once approved will give her a 'green card'. Once she has a green card she is allowed to leave - and return to the US. She can also apply for special travel permission called Advance Parole (AP) at the same time as she applies for the green card. This is generally approved faster than the green card and is permission for her to leave the US and return while her AOS application is being processed. So, she needs either a green card or an Advance Parole in order to leave the US and be allowed to return. If she leaves without either of those then she needs to start the whole immigration process over again from the beginning with a Spousal Visa, called a CR-1/IR-1 Visa.

So, one option is as Stephalex suggested - to apply for the K-1, get legally married in the US (many do Court House marriages), apply for the AOS and the AP and when one of those arrives, then go to Canada for a big family wedding/reception. The problem is that it is hard to determine a date in advance and she will almost definitely have to remain in the US for about 3 months minimum in order to allow time for the wedding, applying for the AOS and AP and receiving the AP.

So, the second main option is to plan on a wedding in Canada, then apply for an IR-1/CR-1 spousal visa after the wedding. You will still be separated as she will have to remain in Canada while the visa is being processed (as well as attend an interview in Montreal) but she will probably be allowed to visit during that time, as long as she can show proof of strong ties to Canada (job, residential commitments, ongoing financial commitments, etc.).

Both processes can take between 9 months to over a year to complete. The K-1 process makes it difficult to plan for a big wedding on a pre-determined schedule while the CR-1 makes separation after the wedding necessary.

Regarding living in a third country while you wait for the process, the biggest concern would be with a document called the Affidavit of Support. You have to provide proof of US based income that meets 125% of the poverty level for a household of your size (the 2 of you plus any dependent children) for both the AOS and the CR-1 visa, or else you need to have someone as a co-sponsor who does meet the requirement with US based income. If you are able to meet this financial requirement while living in a third country (eg working for a US employer overseas) then this may work but you may find that the price you have to pay for your being together comes at the cost of not being able to be together in the US.

Another consideration about travelling around a third country is that while the first part of the process takes place in the US when you file either the I-129f petition or the I-130 petition, once your petition is approved (basically requesting permission for her to apply for a visa), the process moves to Canada. Your fiancee/wife has things she will need to do in Canada which include obtaining certain documents, undergoing security checks, having an immigration medical and attending an interview. For the K-1 that interview will be in Vancouver; for the CR-1 visa that interview will be in Montreal. She needs to be available in Canada to take care of these matters so while you may be able to travel during the first part of the process, she would need to be available during the second phase of the processing.

Unfortunately, US immigration is not relationship friendly, and many of us have had to make compromises on what we would like for what we need to do to make it work. It is the price we pay for loving someone from another country. We have just learned to recognize that the short-term pain (relatively speaking) is worth the long term gain.

I hope this helps you with your decision.

Edited by Kathryn41, 22 June 2011 - 10:30 PM.

Kathryn41FemaleCanada2011-06-22 22:20:00
K-1 Fiance(e) Visa Process & ProceduresDS-156
Thread has been moved from US Citizenship forum to K-1 forum as a more appropriate location for this topic
Kathryn41FemaleCanada2011-06-25 16:00:00
K-1 Fiance(e) Visa Process & ProceduresRidiculous Letter From USCIS
one post containing inappropriate comments has been removed

Edited by Kathryn41, 25 June 2011 - 08:21 PM.

Kathryn41FemaleCanada2011-06-25 20:21:00
K-1 Fiance(e) Visa Process & ProceduresRidiculous Letter From USCIS
Very strange letter - definitely doesn't look like the issuing office knew what they were talking about. I am not sure it would be of any use but you may wish to see if your Congressman or Senator can get involved and 'inquire' on your behalf. While they don't really have much ability to make approvals happen, they can get things moving along the course of action indicated by the paperwork. I know how frustrating it is to sit there and watch others get approved before you (you can check my timeline to see just how well I understand!). The letter you received seems to raise more questions than it answers so you could use that as an 'opener' for asking your representative to get involved - especially since USCIS does not -as was correctly noted - issue visas.

Good luck and I hope you hear some good news soon.
Kathryn41FemaleCanada2011-06-25 17:52:00
K-1 Fiance(e) Visa Process & ProceduresAge difference question
Several trolling posts have been removed and poster thread banned
Kathryn41FemaleCanada2011-06-27 22:06:00
K-1 Fiance(e) Visa Process & ProceduresApplying for tourist visa after K-1 filed
Above two posts have been split off from another thread as tourist visa requirements from India will be different so OP needs to have information specific to his circumstances
Kathryn41FemaleCanada2011-06-28 19:58:00
K-1 Fiance(e) Visa Process & ProceduresPaid CIB 790LE, How much more money is Due at the Interview?
topic has been moved from General Immigration Discussion forum to the K-1 forum as it relates to the issuance of a K-1 visa and is more appropriately addressed in this forum
Kathryn41FemaleCanada2011-06-28 19:41:00
K-1 Fiance(e) Visa Process & ProceduresRFE Proof of Citizenship or residency
I would not withdraw the Asylum request until after the successful interview. She can explain the situation about her passport at the interview. If she is approved, they will then need her passport and she can safely request its return and then deliver it to the US Consulate for the visa to be affixed to the passport. She should provide them with a copy of the information that states that once her passport is returned to her she has only 30 days in which to leave Canada to ensure that they don't linger on putting the visa into her passport and returning it to her.

If the petition expires and she is still waiting for a scheduled interview, don't worry. The Consulate will automatically extend the validity of the petition. If you have not returned the check list, or have not scheduled an interview yet , then they may or may not extend the validity of the petition. I would start working now on getting everything that is needed so that you can at least set an interview date before the petition expires. If there are still outstanding documents (eg. foreign police records, etc.) then they will request them at the interview and will not issue the visa until they have them in hand.

So, don't have her cancel her asylum application until she has an approval of the K-1 and they are at the stage of needing the passport to attach the visa. It will be useful for her to have copies of the documents she is using for her asylum application in Canada with her at the interview so if they have any questions or her situation as an asylum applicants prevents her from getting some of the necessary documents, the Consular staff may be able to incorporate that information into their decision as it identifies some of the unique problems in her situation.

Good luck.

Edited by Kathryn41, 09 July 2011 - 10:13 PM.

Kathryn41FemaleCanada2011-07-09 22:11:00
K-1 Fiance(e) Visa Process & ProceduresWhen we marry...
You can also consider the Florida Keys - some nice area there good for beach weddings and honeymoons.
Kathryn41FemaleCanada2011-07-11 18:44:00
K-1 Fiance(e) Visa Process & ProceduresInterview Without Passport
As I have suggested elsewhere, the passport is required to affix the visa but it may not be necessary for the interview. If she is approved at the interview then she would be able to withdraw her asylum application, obtain back her passport and submit it to the US Consulate for the visa. If there is a delay or she isn't approved at the interview, then her status in Canada remains safe while you two address what needs to be addressed. The last thing you want to have happen is to have the asylum application cancelled, have the passport in her hand for the interview - and be put on AP or given an RFE or some other delay for the decision. So, you need to be prepared to explain why she doesn't have her passport in her possession - but she does have one and will be able to produce it if it is required for the visa.
Kathryn41FemaleCanada2011-07-10 18:37:00
K-1 Fiance(e) Visa Process & ProceduresMarrying in the US under VWP
Post removed at the OP's request
Kathryn41FemaleCanada2011-07-22 17:21:00
K-1 Fiance(e) Visa Process & ProceduresPaid $350 at the bank.... asking another $350 at interview?
Thread has been moved from National Visa Center forum to K-1 forum as OP is asking about part of the K-1 process at the Consulate so this is the appropriate location for this discussion.

Inadvertent duplicate post has also been removed.
Kathryn41FemaleCanada2011-07-24 12:06:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Denied
As the Op is posting a status update and has not asked for feedback, I see the value in keeping this thread open outweighed by the potential for negative comments. This thread is now closed to further comment.
Kathryn41FemaleCanada2011-07-26 19:59:00
K-1 Fiance(e) Visa Process & Procedures363 days interview date !!!

It honestly IS a piece of cake! If you have everything you need, it's the easiest part of the whole process. :) Good luck!


Except for the waiting - :P

Montreal truly does try one's patience in this process. Good luck at the interview. Once you get there the interview is usually so straight forward that it does seem to feel somewhat anti-climatic :).
Kathryn41FemaleCanada2011-07-24 17:35:00
K-1 Fiance(e) Visa Process & ProceduresI-129F USCIS Acceptance Confirmation Received, But question...

PS - is there a way I'm not seeing for editing typos in my forum posts?



You have five minutes (5) from after you post your comments that you can edit for errors or spelling mistakes or things like that. Once the 5 minutes have passed, then you are no longer able to edit your posts. If you have personal information that you wish removed, however, members of the Moderation Team can assist with this.
Kathryn41FemaleCanada2011-07-27 18:36:00
K-1 Fiance(e) Visa Process & ProceduresMarry US Citizen but not Apply for Permanent Residency
Unfortunately, there isn't a way for you to do what you wish and there isn't a way to do anything 'quickly'. Both Canada and the US require proper visas for those who wish to live either permanently or temporarily in each country.

If you ultimately wish to live in Canada in about a year, then the best bet would be for the two of you to marry as soon as possible so you can sponsor her to Canada. She can enter Canada and obtain a Temporary Resident's permit (valid for 6 months at a time and renewable) but she would not be allowed to work or go to school while she waits for your sponsorship and her application to be approved. The process would be filing for a Permanent Resident status from within Canada and you can expect it to take about a year. You could be together during that time, however, and this is really the only option you have if being together during the process is a priority. Or, you could marry and start the process of sponsorship and filing for Permanent Residence from the US. You wouldn't be able to live together but she would probably receive her PR approval about the time you want her to come to Canada so that would work best.

If you wish to live in the US, then she would have to apply to sponsor you for the K-1 visa if you are unmarried - or a CR-1 visa if you are married. Both processes are taking about a year or a bit more at this time if you live in Eastern Canada and a little less than a year if you live in Western Canada. You will not be able to live or work or go to school in the US unless you also obtain a work or a student visa. Both of those have their own criteria for application. A K-1 visa does not give you US citizenship. It gives you the right to enter the US in order to get married and apply to become a Permanent Resident. You have permission to be in the US for 90 days and you need to file the AOS for permission to live in the US. If you only wish to live in the US temporarily it is a very expensive process to buy yourself a few months of legal residency in the US. Both the K-1 and the IR-1 (spousal visa) are for people who intend to live in the US permanently.

You cannot apply to become a US citizen until you have been a US permanent resident for 3 years if married to a US citizen or 5 years if not married to a U citizen.

If you enter the US as a visitor (which is the only way you can enter without a visa) with the intent of getting married and applying for AOS that is illegal and is considered visa fraud by the US authorities. It is using one visa as a means to bypass the more difficult to obtain proper visa. The repercussions are serious and can include a lifetime ban on ever entering the US again. Regardless, AOS is requesting permission to live in the US as a permanent resident and you do not wish to live in the States and can take anywhere from 4 months to 2 years to be approved. There is no way to predict at which end of the range your application would fall. It is also a very expensive route to go if you do not intend to live in the US permanently or at least for a number of years.

You may wish to apply for a student visa, but again you would have first to be accepted by the College and then provide proof that you have more than enough financial resources already in hand to pay the tuition and to pay your own living expenses. US College tuition is significantly higher than Canadian.

For the R-1 visa you would first have to find a quallifying religious organization of which you have been a member for 2 years willing to sponsor you by filing an I-129 R1 for a foreign worker. Once that was approved you would need to schedule an interview to get the visa. Online searches show that the I-129 R1 is taking about 4 months for petition approval in the US and then a further 6 weeks if there are no problems in Canada where you would also have to attend an interview, so you are probably looking at a 6 month process. Whether the organization would be willing to pay the fees required to obtain your services for 6 months is something you would have to discuss with them.

http://www.uscis.gov...000b92ca60aRCRD

When we are in love all of us want to be with our loved ones all of the time and right away. If you were both living in the same country there would be no problems what what you would like to do. Unfortunately, you are both living in different countries and as foreigners you each have to jump through the necessary hoops in order to be able to live together in each other's country. You don't have the same options you would have with the girl next door, such as getting to live together on the same campus, working to support yourselves, and being able to move freely wherever you wish.

If you know that this is the person you wish to marry, then decide what country you wish to live in after marriage with the awareness that whatever direction you go - to the US or to Canada - it is going to take about a year to accomplish legally. Plan for the process that makes the most sense for your long term plans and recognize that the most you will be able to do until then is visit each other.

Good luck.

Edited by Kathryn41, 26 July 2011 - 11:20 PM.

Kathryn41FemaleCanada2011-07-26 23:19:00
K-1 Fiance(e) Visa Process & ProceduresQuestions
Hi Angela,

You will find it useful to start reading here: http://www.visajourn...uides-and-info/ Follow the different links that are included and read the forms that are referred to.

Basically, the K-1 visa is a two step process. You start the first step by filing an I-129f form with the government along with the necessary fee and the required documents (they are listed on the form and in the instructions). You are basically petitioning the government for permission for your fiancee to apply for a K-1 visa. Once the immigration department verifies that you are eligible to petition for a fiancee you will receive an approval form for step one. Step two starts when the information you submitted is sent to Canada (either Montreal if you fiancee lives east of Manitoba or Vancouver if your fiancee lives west of Manitoba). The US Consulate will then send your fiancee a package of forms and requirements that he needs to provide. Included will be a criminal record check and an immigration medical. He needs to do these in Canada. When he has everything he needs, he then notifies the Consulate that he is ready and they will schedule him for an interview at the Consulate. If the interview is successful, he will be given a K-1 visa physically attached in his passport and will be allowed to use it to enter the US during the next 6 months. Once he enters the US you need to get married with 90 days, and then he needs to apply for the next step in the immigration process - for permission to remain in the US as a permanent resident (green card holder).

Now, your boyfriend is not allowed to live in the US without a proper visa, so no, he cannot move to the US before he gets the K-1. If US border authorities suspect him of trying to do this he will be denied entry to the US. He needs to live in Canada and be able to prove that he has strong ties to Canada during this process (a job, a place to live, financial responsibilities that require his presence in Canada, etc.). If he is able to prove these ties, then he will most likely be allowed to visit you during this process. This is not guaranteed as it is up to the border guard on each and every visit whether they will allow your fiance into the US.

Once you are officially engaged your boyfriend should not try to 'hide' that fact when he crosses the border or it could come back to bite him if they decide his is 'misrepresenting' the truth in order to gain an immigration benefit, even if the benefit is just a visit. It is imperative that he always tells the truth at the border but he does not have to volunteer information if they do not ask - unless it is in his best interest to do so (eg. Guard: Purpose of visit? Fiance: I'm going to visit my fiancee for 2 months while I am on summer holidays and will be returning to Canada August 24th, etc.). Volunteering the length of time and the return date in this case will probably be a good thing as it states a definite intent of when he is returning.

The process is taking between 9 months to a year right now with the major part of the delay being waiting for the US Consulate to schedule an interview date - generally 3 or 4 months wait for that alone. You can use your parents' address for now - that is where your mail will go. When your fiance does enter the US on the K-1 visa they will ask him for his address at that time so you have a chance to change it.

Your fiance won't be able to start working in the US until one of 2 things happens - he gets Employment Authorization (EAD) or he gets his green card. Neither of those can happen until after he enters the US and you two marry. Then he must apply for permission to remain in the US (AOS) and at that time can also apply for permission to work. He should plan on it being several months before he will be allowed to work - and possibly longer before he is able to find work.

You can submit the application from Canada since your residential address is the US. You will not be able to draw the money order on a Canadian bank - it does need to be done from a US bank so perhaps your parents can help you out on that, or you can draw up the money order or cheque before you go on your visit to Canada.

One other aspect you need to know about up front. One of the requirements is that you need to prove to the US government that your 'husband' will not become a liability to the US taxpayer. You do this by providing an Affidavit of Support document that proves you make at least 125% of the poverty level for a household your size - in this case, 2 people. Your fiance needs to take this information first to the K-1 interview, and then secondly, you need to make a second Affidavit of Support verifying this information all over again with the application for the Green Card. If you do not make the necessary income yourself, then you are allowed to get a co-sponsor - a friend or family member who does make the income requirements. This agreement is a long term agreement so it isn't something that is entered into lightly, and if the relationship doesn't work out and you divorce, you are still liable for the Affidavit of Support until the requirements are satisfied.

So, yes, it is confusing but the best way to clear the confusion is to start by reading the guides I linked above, and also becoming familiar with the USCIS (Immigration) website at http://www.uscis.gov . You will find all of the forms and the instructions there - it is good to read them over before hand so you see exactly what you will need.

You can also ask questions here as you go through the process, but is important that you too study what is involved. You will be on your own immigration visa journey for many years - it doesn't stop when you get permission to enter the US on a K-1 - that is only the beginning.

Edited by Kathryn41, 18 June 2010 - 11:29 PM.

Kathryn41FemaleCanada2010-06-18 23:25:00
K-1 Fiance(e) Visa Process & Proceduresvisa violation
You must tell the truth. Misrepresentation - which means not telling the truth - on any immigration documents or applications has serious repercussions. As there is only one answer to your question and it has been given, I am closing this thread.
Kathryn41FemaleCanada2010-06-21 20:39:00
K-1 Fiance(e) Visa Process & ProceduresWhy does my fiance's letter say $131 for application fee?
Moved from Removal of Conditions forum to K-1 Forum as OP is asking about a K-1 visa

As the fees have increased, be prepared to pay the increased fee. It sounds like the Consulate hasn't updated their form letter yet.
Kathryn41FemaleCanada2010-06-24 21:57:00
K-1 Fiance(e) Visa Process & ProceduresWhere do I begin?
duplicate copies of a response have been removed
Kathryn41FemaleCanada2010-06-17 21:29:00
K-1 Fiance(e) Visa Process & Proceduresfiance and citiznship pls help
Citizenship is taking approximately 4 to 5 months after the application is received until the oath ceremony. The waiting time for the oath ceremony is the biggest variable since some offices can do the oath on the same day as the citizenship test, and others will set an oath ceremony for several months in advance. So, allow about 4 months for applying for citizenship, doing the biometrics, taking the exam and probably the oath ceremony will be within the following month. It really depends on how fast the local office works - if she is applying in a small city it might take longer than if she is applying in a big city.

For the K-1 visa, assuming there are no problems and all goes well at every stage of the process you can plan on it taking about 9 months to a year. Again, one of the biggest delays is waiting for the interview to be scheduled overseas and this varies depending on what Consulate is involved. Since you are dealing with Manila, you can check here: http://www.visajourn.../stats.php?cfl= You should also check for the immigration timelines involving Manila . Your fiancee and you should read over the information on this page and read all of the links that are related to the K-1 visa: http://www.visajourn...try=Philippines

Good luck.
Kathryn41FemaleCanada2010-06-27 12:31:00
K-1 Fiance(e) Visa Process & ProceduresK1 denied should I marry & K3 petition??
Moved from K-3 forum as it really discusses a K-1 issue.
Kathryn41FemaleCanada2010-03-20 11:23:00
K-1 Fiance(e) Visa Process & ProceduresThis is too fast! now what?

Got a complex scenario...

I filed for my fiancee in April 2010 and Juarez Mexico already received the approval from the NVC, it's only June. She hasn't received the interview letter but it is coming any day now.

My fiancee is bringing her 6 year old daughter with her and is getting custody of her (first of course) which will still take 3 months.

So my question is... the second NOA from the CSC said that the app. was good from June 1 2010 - October 1 2010, is this the 4 month window during which she can interview? What if she can't the custody paper for her daughter by then?

Thanks...


First, congratulations on a quick I-129f approval. The approved 'petition' has a validity of 4 months but that does not mean your fiancee will necessarily have her interview within those 4 months. What often happens is that the next stage of the processing takes a little longer and if the 4 month period date is approaching, the Consulate will re-validate the petition so that it remains in effect until such time as there is an interview date. As well, once the interview takes place and the visa is granted, your fiancee has a full 6 months in which to use the visa so if she needs more time to complete the custody arrangements for her daughter. If you get a quick interview date and you don't have all of the paperwork needed by that date, you can request a later interview date, explaining that you are waiting for the last of the paperwork to take place. It may also happen that she has the interview and they hold off on making a decision until they have all of the paperwork available for her daughter as well.

So, good luck on getting the custody papers approved quickly, but if there is a delay, you do have some options available.

Edited by Kathryn41, 30 June 2010 - 06:31 PM.

Kathryn41FemaleCanada2010-06-30 18:30:00
K-1 Fiance(e) Visa Process & ProceduresIt's Complicated!
As the OPs immigration situation involves misrepresentation on his application and he has been advised to seek the services of a competent immigration attorney, further discussion of this topic is beyond the ability and scope of Visa Journey. I am therefore closing this thread to further comment.
Kathryn41FemaleCanada2010-07-03 10:26:00
K-1 Fiance(e) Visa Process & ProceduresGot N02 what do i do next
Duplicate thread moved from the Philippines Regional Forum and merged with existing thread in the K-1 forum. Duplicate post removed. It is best to keep actual immigration related questions in the appropriate immigration forum unless it is something so unique that can only be answered by those in the appropriate Regional forum.
Kathryn41FemaleCanada2010-07-03 21:06:00
K-1 Fiance(e) Visa Process & Procedureshow much longer
Duplicate thread (no responses) has been removed
Kathryn41FemaleCanada2010-07-05 21:32:00
K-1 Fiance(e) Visa Process & ProceduresConfused
Spammer post removed and spammer account banned by William33 :)
Kathryn41FemaleCanada2010-07-12 12:15:00
K-1 Fiance(e) Visa Process & Proceduresfiance confused

Hi,

I don't know if this is the right place to post this, but here goes.

I don't know also if anyone else has been in this situation, but I hope that there is someone that knows what our next steps could be.

My american fiance and I were successful in gaining me a K1 visa. 2 months ago I completely packed up my life and left my home country, relieved to finally be able to travel to be with my fiance, and stay there with him permanently. There have been 5 visits over 18 months to spend time together prior to this final trip.

Not long after I arrived, he decided he wasn't quite ready to be married right now. We had many many discussions on the topic and it was decided that he just couldn't go through with the marriage, even though he wanted me to stay with him, and hasn't changed his mind about our relationship as such. It was decided that I would leave the U.S. which I have done just this week. Needless to say I have come back to find myself jobless, homeless, car-less etc.

My fiance wanted to go somewhere and get married on the day he took me to the airport, having realised what he was losing by letting me go back to my home country. This was not at all possible as there were requirements in the state he lives that meant we would have to have waited 3 days etc.
He asked me yesterday if there was any way that I could go back again now and marry straight away. I believe I have read somewhere that I would have to be filling out paperwork and being given some kind of waiver to be able to go back, and I would have to be back there by the 90th day limit on getting married - which is only 27 days away now.

If i went this option I don't think that my family would be very happy with me.

So here are my questions:

1. Is it even possible for me to return within the next 27 days and how would this happen? what is the process?
2. If this is not possible, what do we need to do to let the USCIS know that I have left - is there anything we need to do?
3. How long before we could apply again for a K1 visa and is there a different process now we have already applied?
4. Would it be better for one of us to visit the other and marry while on holiday and return to our home countries and apply for the K3 visa?

Many thanks for advice and replies in advance,
MsLove


I'm sorry you are going through this. How sad and frustrating for you.

It is sometimes possible to get the original K-1 re-validated. You need to go to the Consulate that issued it, explain the circumstances that led to you leaving before fulfilling the conditions, and basically throwing yourself on their mercy. They may re-validate it, and if so, it will only be valid to the original 90th day - or they may not.

When you left the US, was your I-94 collected from your passport either upon leaving the US or re-entering Australia? If so, then the I-94 will eventually make its way back to USCIS who will update their records showing when it was 'returned'. The I-94, by the way, is called an Entry/Exit Visa. If you still have the I-94 in your passport, then you need to return it to the US Consulate to let them know you left the US and bring proof of when you left so they know you didn't overstay the visa. You can probably do this at the same time you try to re-validate the K-1.

If the Consulate will not re-validate the K-1, then basically you would start the K-1 process all over again from the beginning. You and your fiance would need to explain why you two did not marry on the first K-1 . I don't believe that your fiance would require a waiver as this would be the second petition and visa, but the request would be scrutinized by both USCIS and the Consulate.

If you wished, yes, you could get married on a visit - either him visiting you or you visiting him - and then he would petition you as a spouse. The K-3 process is virtually dead in the water It now takes about the same amount of time as the CR-1 spousal visa and is often administratively cancelled to pursue the CR-1 instead. The CR-1 is also a superior visa as it issues you your green card upon entry to the US and you don't need to go on and file to adjust status to become a permanent resident.

Either the new K-1 or the CR-1 route will be fine to follow if the Consulate refuses to re-validate the K-1. Good luck - I hope everything works out for you.
Kathryn41FemaleCanada2010-06-30 18:43:00
K-1 Fiance(e) Visa Process & ProceduresYour fiancés address abroad. I-129f question

Thanks for the quick replies. She only has one home and I was just a bit confused if I should put her home address in that spot "part B question 15 asks for Your fiancés address abroad" or just leave it blank, or put "NONE" or "N/A" in that space. thanks again everyone.


Re-enter the same information. Do not put None or N/A and do not leave blank. They want to know where she is living. Put down her address wherever they ask for it even if they have already asked for it somewhere else. Some people have a different mailing address than the street address. They want to know where she is living and where they need to send her mail as the Consulate will send her a package after your petition is approved.

Edited by Kathryn41, 14 July 2010 - 07:54 PM.

Kathryn41FemaleCanada2010-07-14 19:53:00
K-1 Fiance(e) Visa Process & ProceduresMixed Signals
Now you know why the 1-800 number is non-affectionately known as the "Mis-Information Line". For those who don't yet know, when you call the 1-800 number you don't talk to an immigration official - you talk to a call center employee who has the same computer screen in front of him'/her that you do when you access your status update. They have a script of prepared answers that they consult and they refer to the same screens that you can see. You can call up the 1-800 line 4 times in one day and each time you will get 4 different answers from 4 different people. If you ask them something that isn't on their script they may escalate the call to an actual immigration officer but they are very resistant to do so, so it really needs to be something for which they don't have a canned response. They have no access to your file; they have no access to any immigration abilities other than answering the phone and filing an inquiry if the circumstances warrant it. They definitely cannot tell you that your file is ok, nor can they tell you anything about processing times other than the publicly available published numbers - which you can consult yourself.

So, take anything you get from them with a huge grain of salt and before you follow any 'advice' they offer, run it past VJ members here who will be able to tell you if it is valid or if you are wasting your time - or worse, going to get you into deep trouble, which has also been known to happen when people have followed the advice given to them by the Misinformation line.

Edited by Kathryn41, 26 July 2010 - 07:12 PM.

Kathryn41FemaleCanada2010-07-26 19:11:00
K-1 Fiance(e) Visa Process & ProceduresHelp with bad past
Moderator hat on: First, please do not make personal attacks or comments insulting others - they add nothing to the discussion and detract from the usefulness of the thread. Second, be very cautious about advising anyone not to disclose fully information about any run-ins that they have had in the past with the law - it is a violation of TOS to advise someone to lie or in any other way falsify information submitted to USCIS and you could also be causing them serious problems in the future if they take your advice.

******************************************************************************************

Moderator Hat off: - with regards to not fully disclosing all of your activities even if they don't officially show up in records, you need to be aware that there are further applications in the future that my well 'trip you up' and require you either to 'lie' on the application because you failed to disclose the information now - or disclose the information belatedly and face a possible charge of misrepresentation and whatever consequences go with it. You would be well advised to read over the I-485 Adjustment of Status application - specifically Section C.1. a) and b ) http://www.uscis.gov.../form/i-485.pdf ; also I-751 "Removal of Conditions" specifically part 3, 7. http://www.uscis.gov.../form/i-751.pdf and be sure to read over the instructions about 'criminal history' http://www.uscis.gov.../i-751instr.pdf . Also, the N-400 'Naturalization" application - specifically part 10. Section D "Good Moral Character" questions 15 to 21 http://www.uscis.gov.../form/n-400.pdf . This isn't 'fill out this form/get this visa and things are over and done with' - the K-1/K-3 process asks for the least details of your encounters with the law of any of the other immigration forms you will face on this journey. Start now with the approach you intend to follow all the way through because you will be asked more specific and less open to interpretation questions the deeper you get in the process and you may later be wishing you had been more 'up front' with your answers earlier on while you still had the chance.

Edited by Kathryn41, 22 July 2010 - 08:22 PM.

Kathryn41FemaleCanada2010-07-22 19:11:00
K-1 Fiance(e) Visa Process & ProceduresNow this is upsetting.
The correct information has been posted over and over again in this thread so often that it seems to be going in circles now.

D&JDianaM, you may not realize it but your responses are often rude and insulting. The members of VJ have given you good advice here and in the Canada forum. It is up to you whether or not you will accept it, but as this discussion seems to be unproductive and we have reached an impasse that keeps generating rude and insulting responses, I am closing this thread.
Kathryn41FemaleCanada2010-07-28 13:55:00
K-1 Fiance(e) Visa Process & ProceduresNow this is upsetting.
I will remind everyone - including the OP - that making personal insults and attacks are not acceptable. You can express a difference of opinion but do it with respect and courtesy or it will be removed and possible administrative action taken.
Kathryn41FemaleCanada2010-07-27 22:05:00
K-1 Fiance(e) Visa Process & ProceduresNow this is upsetting.
2 off topic type of comment removed - remember everyone, this is the K-1 immigration forum, not off topic so certain responses are not acceptable here.

Edited by Kathryn41, 27 July 2010 - 10:03 PM.

Kathryn41FemaleCanada2010-07-27 22:02:00
K-1 Fiance(e) Visa Process & ProceduresGetting married in the USA before receiving the K1 Visa
You will be able to visit your boyfriend in February, but you cannot stay. If you choose to get married while you are here, you have to return to France, and basically, you will be abandoning the K-1 visa. You will have to start all over again by applying for a Spousal Visa (K-3 or CR1). You will have to live in France while all of these are being processed.

The best options for you, since you have already applied for the K-1 is to visit your boyfriend in February, do not get married, return to France before the end of your Visa Waiver time period and wait out the process for the K-1. That will be the fastest route since it is already in progress.

While people can and do get married on a visitor's visa and adjust status, it is only legal if you enter the US with NO intention of marriage. To enter the US with the intention of getting married and staying without the proper visa is considered Visa Fraud - and you do not want to deal with the consequences! Since you are already engaged and have filed for a fiancee visa, Immigration will have ample reason to suspect you of visa fraud if you marry and try to stay in the US. It isn't worth it.

Good luck on your journey.
Kathryn41FemaleCanada2008-01-16 16:47:00