ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresVermont, 5 months is up

Thank you everyones for all the comments on my last post. i didnt think that their would be this much reply. I guess i really hit a good topic huh? I know that other people tell us to wait patienly. And i feel that much of us had. But i also feel that USCIS has a deadline on their prcessing time. If they cannot keep up, and will fall behind their deadline. They should inform the people that thier is a delay and change their dates on their web site. The thing i believe everyone here is mad about is we need to be better inform with any news on our cases.

We pay our taxes and our Fee, we should expect result. We can sit here patienly and hope one day our NOA2 will arrive, but i believe that waiting patiently is over. They stated it be done under 5months. I waited enought now i want result. I will call, email, or visit anyone that can or might be able to help. I'M GONNA MAKES SOME NOISE, so that we can be heard. It might help or not help, but i will feel much better then sitting on my dead #### and not do anything at all (that what i did for 5months). BUT YOU NO WHAT I HOPE SOMEONE MIGHT JUST LISTEN!!

I hope that everyone here will do the same, instead of doing nothing at all. I encourage all those that are over or about to be over there 5 months, to call, write, visit senator, congressman, uscis, or anyone at all that might be able to help. Maybe someone out thier will listen and can help. We need to be heard.


Please DO NOT start a whole new thread on the exact same topic. Continue the discussion in the existing thread.

Duplicate threads have been merged.
Kathryn41FemaleCanada2010-12-12 19:36:00
K-1 Fiance(e) Visa Process & ProceduresVermont, 5 months is up
Here is a list of priority processing I was referring to - it is from January 14, 2004 and was posted on Visa Journey back then. The link no longer works (the site has been updated since that time) so the original post won't show but this is the information - there were 4 service centers processing fiancee visas back then. VSC was faster all around and in January K-1s were high on the Vermont list - but take a look at the others! The point is that K-1s are only one among many and the priorities change throughout the year - but K-1s are seldom high on the list:

Vermont:
H-1C Nurses................................ 1 wk
H-2A Temporary Workers ........... 1 wk
K1/K2 (fiancee) ........................1 mo
L Intercompany Transfers............. 2 mo
H-1B Specialty Occupation ........... 2.5 mo
H-2B Other Temporary Workers ... 3 mo
H-3 Temporary Trainiees................3 mo
O Extrordinary Ability .................... 3 mo
P Athletes ..................................... 3 mo
Q Cultural Exchange visitors ......... 3 mo
R Religiious occupation...................3 mo

Nebraska:

H-2A Temporary Workers.............. 3 wks
Blanket L (transfers?)..................... 3 wks
H-3 Temporary Trainees ............... 1 mo
P Athletes........................................1.5 mo
H-2B Other Temporary Workers...... 2 mo
O Extraordinary Ability.................... 2 mo
L Intercompany Transfers ............... 2 mo
Q Cultural Exchange........................2.5 mo
R Religious Occupation.....................2.5 mo
H-1B Specialty Occupation ...............3 mo
TN NAFTA Professional.......................4 mo
K1/K2 Fiancee ..............................6 mo

Texas:

H2A Temporary Workers ................. 1 mo
L Intercompany Transfers ................ 2 mo
H1B Specialty Occupation ..................2.5 mo
H3 Temporary Trainees ......................3 mo
Q Cultural Exchange .......................... 3 mo
H-2B Other Temporary Workers............4 mo
O Extrordinary Ability............................ 4 mo
P Athletes.............................................4 mo
K1/K2 Fiancee..................................6 mo
R Religious Occupation ........................7 mo

California:

H2A Temporary Workers....................... 2 wks
H3 Temmporary Trainees.......................3 wks
L Intercompany Transfers.......................1 mo
H1B Specialty Occupation........................2 mo
H2B Other Temporary Workers...............2 mo
O Extraordinary Ability............................2.5 mo
P Athletes...............................................3 mo
Q Cultural Exchange............................... 3 mo
R Religious Occupation............................ 5.5 mo
E Treaty Traders and Investors...............6.5 mo
K1/K2 Fiancee......................................6.5 mo
Kathryn41FemaleCanada2010-12-12 14:14:00
K-1 Fiance(e) Visa Process & ProceduresVermont, 5 months is up
One thing I would like to add here. . . The squeakiest wheel does not get the grease with USCIS. USCIS ignores the squeakiest wheel unless it is the case that is in front of them at the time. USCIS handles hundreds of thousands of visa requests every year - and the Haitian situation is miniscule when looking at the overal picture.

A while ago we had an adjudicator who works for USCIS going through the process himself. He posted some very interesting insights into how cases are adjudicated. Basically, files are received at an intake center and given a quick summary. If they are incomplete, they are returned to the sender. If they appear to be complete, then the check is cashed and they are sent into a line up. The line up is huge - forget huge - it is humungous. USCIS allocates the time it has its workers spend on applications dependent on what ones are most immediate in need. Employment type visas are a higher priority than family based visas (a few years ago I saw a summary of 'priority' ratings for the different visa types - fiance visas were near the bottom). It is a good idea to remember that what is your highest priority is actually not very high with USCIS and complaining about it won't make an iota of difference to them. The employment visa year starts in October so virtually every October nearly all of the family based applications come to a near halt while USCIS processes the employment visas to get on top of them. The family based visas then become backlogged and around the end of the year they seem to start working through that backlog again. An adjudicator does not know from day to day what types of applications they will be processing - that decision is made higher up the ladder. There are not nearly enough Haitians in the whole country if each and every one of them were applying for some sort of immigration benefit to interfere with the processing schedules set by USCIS. Don't blame the Haitians - blame the priority lists of USCIS which puts money making, investment, employment type of applications at the top and family related applications at the bottom. That is the culprit.

Secondly, I do understand exactly what you are going through. 7 years ago that was me, crying in anger and frustration as our wait times changed from 160 days then when that time passed, became 220 days and then 280 days. Other people who were similarly delayed (this was the Texas Processing Center in those days) actually picketed the TSC and made the news. It didn't make a difference - not the picketing (although a few people were arrested), not the adverse media, not even public letters to the then Director of Immigration. One of the hardest lessons you will learn through this process is that USCIS - especially with the I-129f - is impenetrable and unperturbable - they move on their own schedule and they lose no sleep over how much frustration, anxiety, fear and heart-break they cause. It took more than 6 months to get my I-129f NOA2, so you can see, these delays are nothing new. Those of you who applied in June will probably be receiving your NOA2s over the next 5 to 6 weeks. Those that are approved earlier than that are usually cases that are pulled out of line to be used as a training case for new adjudicators. While it only takes 15 minutes to read and approve your application it spends the rest of its time waiting its turn in line behind all of the other thousand of applications that have also been submitted.

This is just your first stage of waiting. Once the NOA2 is approved, most of you will be in for a wait until the Consulate can schedule an interview. For some Consulates this will happen quickly - for others it will be another 5 or 6 months (Canada, for instance). Then after you are together, you apply for a green card - that is another wait. For me, it was just short of 2 years (no RFEs, no problems, just waiting its turn in line). Then you have a 2 year wait before you again have to wait for Removal of Conditions. Ours took 1 year to be removed. You finally get your last - and shortest wait - when you apply for citizenship.

So, yes, it isn't fair; it isn't right and it is extremely frustrating. Get angry, write letters, make your problems public (which has happened several times over the years I have been here as well - lots of media coverage of the horrible waiting times for fiancees and spouses) but don't go blaming one group of people or one disaster or another for the wait. It is irrelevant. USCIS is understaffed and overworked. You are on the bottom rung of their priority ladder. It is as simple as that.,

All I can promise is that the waiting does end eventually and tell you that this is, indeed, the absolutely worst part of the whole process because of the uncertainty and the distance from the one you love.

Hang in there everyone. Vent away - but please vent your frustration in the right direction - at USCIS.

Edited by Kathryn41, 12 December 2010 - 01:08 PM.

Kathryn41FemaleCanada2010-12-12 13:07:00
K-1 Fiance(e) Visa Process & ProceduresPetition to Government to improve immigration process
Above post split out from its placement in another thread into its own thread so that it gets more exposure.
Kathryn41FemaleCanada2010-12-21 21:32:00
K-1 Fiance(e) Visa Process & Procedureski 221(g) asking for co sponsor
Three additional posts have been removed and the edited content of one post returned to the thread below:

you pretty much suggested fraud. if you did what you advised OP to do,i can assure you you would be denied and your fiance would get banned. yet when you were told by an attorney and someone who knows what they are talking about that your suggestion could get mistaken for fraud,you got mad, called us pretty much hostile


Edited by Kathryn41, 21 December 2010 - 08:39 PM.

Kathryn41FemaleCanada2010-12-21 20:33:00
K-1 Fiance(e) Visa Process & Procedureski 221(g) asking for co sponsor
thread closed for review

After review I am re-opening this thread with several comments.

First, I have split off 3 posts related to the topic but which involve a different petitioner into their own thread so as not to get lost in this thread. Those posts can be found here: http://www.visajourn...his-sufficient/ . It is always better to start a new thread rather than ask a question about different individual circumstances in someone else's thread.

Second, I have removed a number of posts for TOS violations. I remind everyone that when you became a member of Visa Journey you agreed to abide by the Terms of Service. It is obvious by the posted content that I have removed that some of you have either not read the TOS or believe that the TOS do not apply to you. Believe me, they do. I advise everyone who is posting in and reading this thread - especially those who have been on VJ for less than a year - to read the TOS now http://www.visajourn...m/content/terms before you post again on VJ.

Third, this is an official warning. Continued posts that make personal attacks, and become disruptive and argumentative when errors of information are pointed out will be removed and the posters will receive administrative action. You are not allowed to make personal attacks, to insult another member of VJ or to cop an 'attitude' in the Immigration forums with language that may be acceptable in the Off Topic forums but will not be tolerated here in the Immigration forums.

Finally, I would advise the OP that some of our senior members have given you very good advice. Good luck in finding another co-sponsor. It sounds like the Consulate is ready to approve your visa once they are satisfied you won't become a public liability in the US.

Edited by Kathryn41, 21 December 2010 - 07:56 PM.

Kathryn41FemaleCanada2010-12-21 19:08:00
K-1 Fiance(e) Visa Process & ProceduresVisa
From my understanding you are asking about a small diagonal slit that goes across one corner of the envelope? I have heard of others from the Philippines who have had the same slit - apparently, this is normal for your Consulate. Do not open the envelope itself but the cut corner should be fine. Someone in the Philippines forum should be able to give you more specific information.
Kathryn41FemaleCanada2010-12-22 23:42:00
K-1 Fiance(e) Visa Process & ProceduresComplicated Love Story - Help!
If you did not meet up when you were briefly in Italy, then don't say it. USCIS takes any form of misrepresentation very seriously - enough to completely deny a petition and make any further petitions unobtainable. It would just take a slip of a tongue from either of you during an interview - or a difference in the stories - or him saying you didn't meet or you met at XXX and you saying you did meet or met at YYY. It just adds an unnecessary and dangerous level of complication. Don't ever lie, fudge the details or stretch the facts to make them 'more convenient'. Believe me - in the long run, they will far less convenient and possibly catastrophic.

Provide a clear letter detailing the circumstances of your meeting in France. Provide copies of your documentation proving the time you were in France. Provide copies of his documentation allowing him to live in Italy and travel to EU countries. Provide photographs of the two of you together in front of a number of different Parisian landmarks or locations that the Consulate staff can recognize. Provide the letters of affidavit (notarized) from friends/family who met with you together. Get a notarized statement from your former landlord or your friend that they met him when he visited you. Get a notarized statement from the friend he stayed with that he was in Paris on such and such dates, showing he was there when you were there.

Definitely address this situation up front - this will be your only chance to satisfy the 2 year meeting requirement. If you do not satisfy it for the petition, the petition will be denied. If you do satisfy it for the petition, then the petition will be forwarded to the Consulate in Italy and the rest of the process will go on from there. The 2 year meeting requirement must be satisfied long before the process ever gets to the Consulate or an interview.

His being unemployed will not matter. Your financial ability to support him, however, will, as you will have to provide him with evidence and documentation as part of the Visa process that you earn at least 125% of the poverty level for a family of 2. If you are not able to meet that income requirement, then you will want to look at betting a co-sponsor who does.

Good luck. (Oh, and include your 'clowining around together' photo that you have included here - it's priceless and while it doesn't show the 2 year requirement, it does actually indicate a 'relationship' :-) )

Edited by Kathryn41, 17 December 2010 - 09:01 PM.

Kathryn41FemaleCanada2010-12-17 20:58:00
K-1 Fiance(e) Visa Process & ProceduresGathering docs/signatures
Post violating TOS has been removed and acceptable part of the post is returned here:

ATPEACE:
the last petitioner, I read Katheryn41 post, and she stated that it varies from consular to consular. I did not have to produce ANY documents at our interview and I went thru a carribbean consulars. If an orginal documents was needed it was indicated in the package 3 or 4. I won't tell you how to go thru the IRAN consular, but I can only give assitance to someone who is going thru a carribbean consular.



Please do not use this forum to address personal comments to other users about how they should and should not answer a question. This is an experiential forum and our combined experiences is what makes it useful. The immigration process DOES change and virtually no one at this point in time has any experience with an Haiti beneficiary since the earthquake devastated the country's infrastructure. It is not sufficient to say that a Caribbean Consulate in the past handled things in this way so all Caribbean Consulates today still handle things the same way. We know from proven experience that different Consulates even in the same part of the world handle things differently and it is not a 'one size fits all'. It is useful to know that is what happened in the past in a Caribbean Consulate and may indicate that the situation in this case will be the same - but it is not cut and dried.

In these cases it is best to refer back to the information provided by USCIS - and that is the information I quoted above - that the Government - USCIS and DOS - has the right at any time in the process to request to see originals of presented documents. It is better to be aware of these circumstances up front and to prepare for the eventuality, especially if preparations require additional effort or specific timing. If the eventuality does not occur - fine. If it does - then you are prepared.

Edited by Kathryn41, 24 December 2010 - 11:58 AM.

Kathryn41FemaleCanada2010-12-24 11:57:00
K-1 Fiance(e) Visa Process & ProceduresGathering docs/signatures
It will vary from Consulate to Consulate and in the situation for Haiti they may make some allowances for the fact that there is no mail service at this time. I do know, however, that I was required to have the originals of my now husband's birth certificate, his two divorce decrees, and his letter from his employer verifying his employment and income. They were all asked for during the interview and examined very carefully by the Consulate for authenticity - in fact the interviewer consulted with several others regarding the first divorce certificate which was unlike any he had seen before so was concerned about its authenticity. If I hadn't had the original there for him to look at I am very sure I would have received an RFE at the interview to submit the original for comparison.

This was in Montreal so it may be different for Haiti, but you should perhaps consider at the very least getting another official copy of your birth certificate and ensuring that he has that for the interview. The Consulate is allowed to ask for any of the original documents presented during the process at any time and if they are going to, it generally happens at the interview.

Here is the information from USCIS about submitting documents where it states that originals may be requested of any copy submitted:
http://www.uscis.gov.../File_Forms.pdf

click on 'General information" then 'evidence and procedure" then the first item addresses copies vs. originals.

Edited by Kathryn41, 24 December 2010 - 11:29 AM.

Kathryn41FemaleCanada2010-12-24 11:23:00
K-1 Fiance(e) Visa Process & ProceduresIf Fiance does not get married within 90 days
moved from General Immigration forum to K-1 forum as it addresses circumstances related to a K-1 visa
Kathryn41FemaleCanada2010-12-25 15:30:00
K-1 Fiance(e) Visa Process & ProceduresSSN to get Married?
Moved from AOS forum to K-1 forum as addresses a concern about marrying on a K-1 visa
Kathryn41FemaleCanada2010-12-29 15:55:00
K-1 Fiance(e) Visa Process & ProceduresWhy are the Field offices backed up
The field offices deal with a variety of different types of applications and petitions. Many times they will focus for several weeks on one type of application and get caught up, then they shift gears and all of the focus goes on another type of application. The new year for work and employment types of visas is in October, so often processing of family based visas slow down in the fall while they focus on the employment type of visas. Generally, the pattern is that things do seem to start moving faster in the first part of the new year. I know it doesn't help, but it is at least an explanation about why there are faster and slower times for processing the same types of visa throughout a year.

Good luck - I hope you hear good news soon.
Kathryn41FemaleCanada2011-01-01 17:21:00
K-1 Fiance(e) Visa Process & ProceduresMailing in the application package around the holidays?
You sent a package on December 27th during a week where there is a weekend federal holiday on either side where people end up taking alternate days off during the week in exchange, and many employees take additional personal holidays to spend with their families. The post offices are still swamped with Christmas mail and fewer delivery days and offices are closed not only on weekends but now on an day during the week. Even without those factors it is not unusual to take up to two weeks (or more) to receive your notice of 'receipt'.

Your package will go to the mail room where it will join the thousands and thousands of other recently received petitions and applications and will wait its turn in line to be opened. It probably arrived in the mail room just before the offices closed for the holidays so there is also a backlog of received mail awaiting processing. When it reaches the head of the line, It will be quickly checked over to make sure it is complete enough to be accepted - the check is right, the forms are signed, the application is the correct version, etc. The information is then entered into a computer and a number generated for the file. The check is separated from the package for deposit. Then and only then is it considered 'received' and a notice generated to let you know.

The time of year doesn't add any additional risk that your package will be missed or ignored - it is just being processed at a time when there is a lot of work and not a lot of people to do the work. You should receive your receipt soon enough. You did use some sort of 'tracking' with it, I hope. You can check that tracking number and find out when it was physically delivered at the USCIS address.

You should hear something very soon. Good luck.
Kathryn41FemaleCanada2011-01-01 17:43:00
K-1 Fiance(e) Visa Process & ProceduresCalling VSC in 2 weeks?
Moved from Effects of Major Family Upheaval on Immigration Processes forum to K-1 forum as applicant is inquiring about an I-129f petition.

******************************************************8

Moderator's hat off:

I am sorry to tell you that when you call the 1-800 number listed for Immigration, you are not calling VSC nor any other immigration office. You are calling a Service Call Center with non-immigration employees to answer the phone and who have scripts for commonly asked questions with limited computer access to the same on-line information that you have. It is not- so- affectionately known as the 'Mis-information Line" rather than the "Information Line" because more often that not, the information you get from them is wrong, and you can call back 4 times right in a row, get 4 different people with 4 different answers and all of them may be wrong.

It is possible for your call to be forwarded to an actual, generic Immigration officer if the question you are asking is beyond their ability to answer or is in obvious need of attention. Having filed an I-129f petition in July and still waiting for your NOA2 will not get you transferred to an immigration officer yet. It will only get you the generic response of 'call back later'. They have no idea what is going on with your petition because they have no access to that information.

They are hoping that if they tell you to wait long enough, there will be a decision that eventually happens and it shows up on their computers (just like it would show up on yours) so they can tell you that. You can call as often as you like, but if you do make a pest of yourself calling, they will definitely get annoyed, refuse to help you at all, and perhaps threaten action against you. They can't do anything, but even getting the threat that they might can be very worrisome.

Right now, you are still in the acceptable processing time frame for an I-129f petition. They are running about 5 to 6 months right now - and there is no way that you can hurry that process up. Any further calls to the Information Line will just receive the same response - call back later until you are outside of the acceptable processing time. When you have gone at least 30 days past the stated processing time line, then they might forward your call to an immigration officer - or not. There are applicants from June and earlier, however, who are still waiting as well.

The best advice I can offer is to be patient - which is a very difficult thing to do. Good luck - I hope you hear something soon.

Edited by Kathryn41, 01 January 2011 - 09:08 PM.

Kathryn41FemaleCanada2011-01-01 21:06:00
K-1 Fiance(e) Visa Process & ProceduresLeaving the US for honeymoon
I just wanted to clarify that there is a fine line here between where this post is best located. Both forums in which it has appeared would be appropriate, but my preference would be to leave it in the K-1 forum, first because it was first posted in the K-1 forum and fits the criteria, and second, because it does relate to a K-1 issue more than the travel issue. The key issue here isn't so much the travel aspect but the wanting to get married outside of the US aspect.

That is the point that needs to be addressed in this post - that the K-1 cannot leave the US in order to get married somewhere more exotic. If the K-1 beneficiary leaves the US before receiving either the green card or the Advance Parole travel document, he/she will NOT be allowed back into the US and the couple will have to start the whole immigration process all over again from the very beginning, this time following a CR-1 spousal visa.

So, Delilah'sMan - start looking at some of the beautiful and intimate locales within the US for your wedding and honeymoon. Key West is a lovely, tropical location in the Winter if you don't wish to leave the mainland; Hawaii is always nice as well, although after travelling from Australia you may not wish to travel half way back again. Maybe the POE can be Hawaii and you can get married there, have your honeymoon and then travel back to the mainland?
Kathryn41FemaleCanada2010-12-12 20:34:00
K-1 Fiance(e) Visa Process & ProceduresJust Looking for Advice

A slight update:

After much deliberation (& exhaustion of options), we've semi-decided to go forward with the K-1 process! (inside I'm jumping & yelling happily) :)

I'm (we're) looking now for any words of encouragement, or further advice, to help us push that "semi" off the semi-decided quoted above!

We've been together for 2 years almost, traveled to each other, talked every day; been through a lot. The perspective that with long-distance relationships, you have to move faster, or slower than you would normally do or wish, couldn't be more true. We both have acknowledged that given the circumstances, normally we would wait a few years after our exclusive relationship developed & living together, before deciding to get married; but feeling as sure as we do about each other & the possibility of being together permanently, we don't feel like we're being too risky, as a whole.

That being said, any little push of motivation from any angle would be gladly appreciated...staying positive!

Is it the entire end of the world of we cancel the K-1 or nullify things within a few years? Again, we wouldn't do it if we weren't sure about each other, but the comfort of a safety net that the world isn't going to end for each of us, if we for whatever reason go sour, can sometimes be a huge motivator in moving forward.

Any encouragement about the aftermath, the process & waiting (for the K-1), visiting while waiting for the K-1, or positive thoughts in general would be a huge boost. (our journey truly is unfolding on VJ) :P

Thank you all


Congratulations on reaching a decision :) . I think this is a wise course that you are choosing. I know it can seem somewhat overwhelming at first - not just the whole immigration paperwork but the whole decision that you are going to be getting married and starting a new life together. There is a new level of permanence even though you already felt like things were permanent.

Your concerns about 'waiting' until you were able to experience your exclusive relationship for a while before proceeding to the next stage are understandable. I don't know if you will find it any consolation or not, but . . . the K-1 process itself will take some time, so you will have a number of months and possibly up to a year (I don't know how fast France is processing K-1s these days but I know Canada is taking a LONG time ) to get used to the idea :yes: . Going through the process and the paperwork will be stressful at times but it will also serve to open up a new level of intimacy for the two of you. After all, this is your future life together you are now putting into place.

So, you both have homework to do now, to become familiar with the process and start putting together the necessary paperwork. The more you both know and study about the process, the easier it will be for you to do it right and make sure you don't encounter any of the problems that end up causing delays. You can do this on your own, and you should be able to visit each other during the process. Just have your fiancee be prepared to provide proof of her ongoing ties and commitments to her home country to reassure border authorities that she is not planning on immigrating on that visit. Having copies of the submitted immigration paperwork often helps reassure the border guards that you are indeed following the correct process.

Yes, if things don't work out and you want to cancel the process, yes, you can do that at any time - either before the approval of the petition or before the approval of the Visa. The only real challenge would come if you did that more than once and re-applied for another K-1 visa - there are restrictions on how many you can file.

Just to let you know, the K-1 is the start of the immigration process. It is best to think of it as receiving permission for your fiancee to come to the US, get married and then apply for permission to remain in the US. Her initial status is only valid for 90 days. After you are married, you start the 2nd phase of immigration - getting the green card (Permanent Resident status) which will allow her to live in the US as your wife. While I encourage you to read ahead on what is involved in the process, I will also suggest that you don't let it overwhelm you. You just take it one step at a time and you will have plenty of time within which to work, You approach each stage as you get to it, and by the time it arrives, you will be ready- especially if you hang around with us here on Visa Journey during the process. :D

You may wish to check out the Regional Forums to find other VJers who are also going through the same process as you are from the same country. It helps to know you are with 'friends' along the way.

Good luck, and again, congratulations.

Edited by Kathryn41, 05 November 2010 - 06:41 PM.

Kathryn41FemaleCanada2010-11-05 18:39:00
K-1 Fiance(e) Visa Process & ProceduresJust Looking for Advice
To enter Canada and plan to work there illegally will lead you into a lot of trouble. You will find it a lot more difficult to find an employer who is willing to hire you without proper authorization than in the US. They cannot hire you without a Social Insurance Number and you cannot get a Social Insurance Number without either a permanent or a temporary residence permit. All employers who wish to hire foreign employees need to submit the job request to the Canadian government first proving that they cannot find a qualified Canadian to do the work, and that is extremely unlikely in any sales position or any landscaping position. Only after they receive that permission are they able to apply for a specific individual with specific qualifications which are also vetted before that person is issued the necessary employment visa.

You really need to realize that foreign countries are just that - foreign countries sovereign onto themselves and with their own policies and procedures regarding immigration and foreign workers. You can't just pick up and move to another country and expect to be allowed to live and work there without going through the proper steps.

Another issue you need to remember. If you wish to sponsor anyone to the US you need to fulfill certain financial requirements from US based income. You need to prove through income tax returns (and a US citizen has to file a US tax return regardless of where they live in the world declaring their world income) and employer letters that you are earning and will continue to earn at least 125% of the poverty level for a household of your size. If you cannot do this, then you need to find a co-sponsor - someone who does meet this minimum standard - who is willing to commit themselves to a possible lifetime obligation to the federal government through a legally binding contract to reimburse the government for any means-tested benefits your partner may incur until the terms of that contract are met. If you are not working in the US, then you will not be able to meet the terms required for the Affidavit of Support. Foreign based income doesn't count.

As much as we all wish we could just pick up and move in together, a long-distance international relationship is not like a relationship with someone in the same country. Sometimes you have to move faster or slower than you would wish and you have to accept that there will be a great deal of government involvement in all aspects of your relationship - whether you are living here, living in her country or trying to live in a foreign country.
Kathryn41FemaleCanada2010-11-02 20:34:00
K-1 Fiance(e) Visa Process & ProceduresTN Visa to Permanent Resident?
Duplicate threads have been merged - there is no need to restart a topic - just continue the discussion in the same topic.
Kathryn41FemaleCanada2011-01-07 19:59:00
K-1 Fiance(e) Visa Process & ProceduresPetition Denied
thread moved from AOS to K-1 forum as more appropriate location for the discussion
Kathryn41FemaleCanada2011-01-07 20:30:00
K-1 Fiance(e) Visa Process & ProceduresVSC June & July Filers, INFOPASS ANYONE?
Thread moved from Removal of Conditions forum to K-1 forum where you should now get a lot more replies :) .
Kathryn41FemaleCanada2011-01-07 19:23:00
K-1 Fiance(e) Visa Process & ProceduresGot NOA-2
just an observation . . . there is no need to make condescending comments when offering advice. A simple 'if you haven't done so yet, read the instructions in the I-134 form, which are also pinned at the top of the Embassy and Consulate forum. You will find all of the answers you need there' is sufficient.
Kathryn41FemaleCanada2011-01-10 21:24:00
K-1 Fiance(e) Visa Process & ProceduresK-1 denial based on previous denials???
I just want to correct some incorrect information.

When someone applies for a visitor's visa and are denied entry because they are assumed to have immigrant intent it will have no impact upon a K-1 visa or a CR-1 visa. You ARE expected to have immigrant intent for a K-1 and a CR-1 visa, so the reason for the visitor's visa denial no longer exists. You have to prove the validity of your relationship to qualify for both the K-1 and the CR-1 visas but I am going to work on the assumption that if you are on this forum it is because you have a relationship.

Having a denied student visa application depends upon the reasons for the denials to determine whether it would impact a K-1 or a CR-1 visa. If the reason for denial was lack of acceptance at an educational facility, or insufficient funds or issues like that, then again, the denial of a student visa application should have no impact on a K-1 or a CR-1 visa. The only caveat here is if there are a number of repeated visa attempts and denials. This could be a red flag, as mentioned in the above posts, that the beneficiary is more interested in getting to the US than is involved in a real relationship. If this is the case and the relationship is real, then be prepared to provide extensive proof of the validity of the relationship to overcome any possible hesitation or suspicion on the part of the Consulate.

Now, it is not necessarily a good piece of advice to say 'get married simply/quickly' because a married beneficiary provides a better relationship case than an engaged beneficiary. For many Western countries a quick and informal marriage ceremony is not a problem to obtaining a CR-1 visa. For other countries, especially third word countries or ones with a strong national religious or cultural identity, a simple or quick marriage is not acceptable. You need to follow the customs dictated by that culture or that religion or that country which may include things such as betrothal ceremonies, family gift exchanges, public receptions for a specified number of people, religious and civil recognition of the marriage and satisfying cultural 'norms' (eg, age differences, status differences, etc.). There have been more situations than I like to remember where a couple has married quickly and by-passed the cultural norms for that society only to find their marriage deemed as fraud and for immigration purposes because they did not 'follow the rules'.

So, please everyone, be careful with what advice you offer. You can speak about your own personal experiences and what worked for you in your situation but do not assume that what works for you will work for everyone else, and advising others to take a course of action without being aware of all of the other circumstances involved may have very unhappy repercussions.

Edited by Kathryn41, 21 December 2010 - 08:20 PM.

Kathryn41FemaleCanada2010-12-21 20:17:00
K-1 Fiance(e) Visa Process & ProceduresRFE after LONG WAIT!!
I would just like to remind everyone that while we fully appreciate how frustrating this process is, especially when you receive unwelcome news, it is inappropriate to use obscenities and expletives while posting on this site. The site software has removed them in this post but it is obvious where they are. Again, we fully appreciate the frustration but ask your co-operation in keeping the immigration sections of this site family friendly.

_____________________________________

To the OP, the good news is that they are reviewing your application right now. I hope that the RFE is for something so minor that you can kick yourself for its oversight and it will be quickly resolved so the processing can continue and you get your NOA2. Good luck.

Edited by Kathryn41, 13 January 2011 - 05:18 PM.

Kathryn41FemaleCanada2011-01-13 17:17:00
K-1 Fiance(e) Visa Process & ProceduresSituation
triplicate posts merged and posts related to duplication removed
Kathryn41FemaleCanada2011-01-18 19:19:00
K-1 Fiance(e) Visa Process & ProceduresCalled USCIS
To contact your elected official . . . if you don't know who that is you can find them through these websites:

http://www.senate.go...enators_cfm.cfm

http://www.usa.gov/C...t/Elected.shtml

http://www.contactingthecongress.org/

Go to their webpages and they will have information about how to have them investigate a concern or complaint. You will need to fill out an authorization form of some type - most of them have one online that you can download - and then either fax or mail or hand-deliver it to their office. Most of them have staff dedicated to immigration concerns and all of them have access to immigration department liaisons who they can approach for information/advice/assistance.

Some elected officials are really good about 'pushing' for the information you need; others are not so good and either don't do the necessary work or don't put the necessary effort into it. If one fails to deliver, remember the name (you won't be voting for them next time :P ) and then approach another representative. Hopefully one will be able to help. They don't have the ability to get your case processed faster by jumping the queue, but they can find out what is going on and if there is a problem, help you get it resolved.

Remember that they, too, will not get any real information unless you are outside of the posted processing times.

Edited by Kathryn41, 21 January 2011 - 10:57 PM.

Kathryn41FemaleCanada2011-01-21 22:56:00
K-1 Fiance(e) Visa Process & Procedureshow long it take to expire the Fiancée visa
Duplicate threads have been merged. It is not necessary to start the same topic more than once
Kathryn41FemaleCanada2011-01-26 22:18:00
K-1 Fiance(e) Visa Process & ProceduresAnyway to reissue a K1 after returning? Child medical

Not possible. The rules of K1 are get married to the person who petitioned within 90 days or leave. If you stay and marry someone else, you still will be removed. If you stay and marry AFTER 90 days you will still be removed.

Sure they could have got married but she would STILL have had to have gone home while he filed CR-1.


Actually, this information is incorrect.

The rules of the K-1 are to get married to the person who petitioned you within 90 days. You cannot adjust status based on a marriage to anyone other than your petitioner. If you don't get married you are out of status and when you are out of status you are supposed to leave. It doesn't say that you can't get married after the 90 days though. You can get married, as was mentioned earlier in this thread, and it is legal. You will be out of status and that is technically at risk for deportation but you are allowed to get married to your original petitioner and apply to adjust status. You no longer qualify to adjust status based upon the K-1 because that opportunity expired with the I-94. The petitioner has to submit a new petition - the I-130 - for his spouse and the AOS is adjudicated based upon the I-130 not the I-129f. If you stay and get married after the 90 days expires you will not be removed. Your status is once again legal when you file for the AOS and will remain so until there is a decision made upon the application. There is no reason or benefit to apply for a CR-1.

To the OP - as you already know - you made some less than wise decisions in the spur and anxiety of the moment. It is unlikely you will be able to get the K-1 re-validated. It was used and the opportunity provided by it was not taken advantage of while the opportunity existed. It was allowed to expire without being used. You will need to re-apply for another K-1 and K-2. Certainly provide the explanation of why the first K-1 wasn't used and now that you have both had the time to look calmly at the circumstances you realize you didn't need to give up on the K-1 after all but at the time you thought returning to the Ukraine was in the best interests of all concerned.

A diagnosis of type 1 diabetes is challenging and a shock but it doesn't have to be life threatening. It is life altering - I know, I have lived with type 1 diabetes the last 17 years - but there has never been a better time in the history of this world to get a diagnosis of type 1 diabetes. There are many different treatment options available that ensure a long and happy life for the individual. One of the things you will probably want to do now along with reapplying for another K-1 is to read up on type 1 diabetes; attend education classes offered by local hospitals, join the American Diabetes Association, find and talk to other parents of children with diabetes. They will help provide you and your fiancee with a good support group once she does return to the US.

Good luck to you all.

Edited by Kathryn41, 21 January 2010 - 07:57 PM.

Kathryn41FemaleCanada2010-01-21 19:54:00
K-1 Fiance(e) Visa Process & ProceduresNOA2 received more than a month ago...
moved from US citizenship forum to K-1 forum
Kathryn41FemaleCanada2010-01-22 19:23:00
K-1 Fiance(e) Visa Process & ProceduresRFE on last personal meeting
Moved from AOS forum to K-1 forum


Moderator hat off:

What about gas receipts purchased by each of you during your visits back and forth showing the location of the gas stations? Credit card receipts for activities done together, gas purchased, hotel rooms together, gifts purchased? Any luggage tags on luggage that might have been checked showing POE; credit card statements showing purchase of flight tickets? Try to think of things that might prove you were both in the same place at the same time or travelling to the same place at the same time. Try to prepare a list of all of your meetings since then, including how you travelled and where you met, also explaining that you don't get passports stamped crossing into Canada and back and include that even though it isn't asked for. I don't know if you would be able to get a listing of border crossing dates for your license plates/tags (plates are scanned as they arrive at both borders) but you can give that a try. Did you get together with friends or family on your last visit? Would they write a notarized letter attesting to the fact that thye met with you then, that you went out together then, etc.

Good luck.

Edited by Kathryn41, 24 January 2010 - 06:29 PM.

Kathryn41FemaleCanada2010-01-24 18:26:00
K-1 Fiance(e) Visa Process & ProceduresPassport stamp date is wrong!
post removed at the OPs request.
Kathryn41FemaleCanada2010-01-28 18:59:00
K-1 Fiance(e) Visa Process & ProceduresDenial of Entry - Impact on Process
Certain posts removed at the poster of the posts' request.

Edited by Kathryn41, 28 January 2010 - 08:00 PM.

Kathryn41FemaleCanada2010-01-28 19:03:00
K-1 Fiance(e) Visa Process & ProceduresDenial of Entry - Impact on Process
I'm just saying that there are better ways to express your disagreement than the way you chose.

I also wish to remind everyone that Off Topic types of comments and photos - such as the one I removed - are not acceptable in the Upper Forums.
Kathryn41FemaleCanada2010-01-06 20:25:00
K-1 Fiance(e) Visa Process & ProceduresDenial of Entry - Impact on Process

No, Kathryn, its not uncalled for. The information CANNOT be verified and it IS irresposible to treat this as a matter of fact. I'm disappointed that you believe erronious information is harmless.

VJ is utterly pathetic these days.


This information is as verifiable as any other 'evidence' that is offered by any other member of VJ. This site is about personal experiences and yes, some of those do turn out to be faulty. Many of us have been given mis-information from various consulates and USCIS - but by the same token, many of us have also been given accurate information. Would you be so upset if the individual involved had actually come here and said this is what the Consulate told me when I called instead of how it was recounted? Would you have been as upset if someone said, 'my friend was told this by the Consulate'. Would you still be telling them their experience was a 'worthless piece of rubbish' and irresponsible?

Your comments were a personal attack against another member of Visa Journey and that is what was uncalled for. There are ways to disagree with information that was presented that do not attack members.
Kathryn41FemaleCanada2010-01-06 19:38:00
K-1 Fiance(e) Visa Process & ProceduresDenial of Entry - Impact on Process

This is a worthless load of rubbish and you shouldn't post unsubstantiated information. It is irresponsible to do so and will likely lead to unnecessary panic in other members.


This comment is uncalled for. Many times we read posts from the actual individuals recounting what they have been told when they have called DOS or a Consulate or the USCIS mis-information line. While it is fine to suspect information that is relayed that way, it is not fine to insult the person relaying the information. If this is what the person has been told we have no way of determining if or if not it is valid. There may well be other circumstances in this situation that makes it valid. Instead of attacking the messenger, just take the message with a grain of salt.
Kathryn41FemaleCanada2010-01-06 19:00:00
K-1 Fiance(e) Visa Process & Proceduresmy mistake
Thanks for your post. Yes, while for most individuals a lawyer isn't needed, it is good to remember that there are certainly situations and circumstances that make using a lawyer either necessary or at least preferable. Good luck at your interview :)
Kathryn41FemaleCanada2010-01-29 11:29:00
K-1 Fiance(e) Visa Process & ProceduresHELP!!!!!!
A good thing to also keep in mind is that the Case Status Update isn't always kept up to date. If the information is updated and you receive the notification, well and good. If you don't get a notification, it really doesn't mean that they aren't working on your file - just that the system isn't being updated to reflect that they are. There have been VJ members who have gone through the whole process without a touch or without an update -so not getting an update doesn't mean anything significant. Getting an update is like icing on the cake.

Good lucki.
Kathryn41FemaleCanada2010-01-20 17:30:00
K-1 Fiance(e) Visa Process & ProceduresDoes an overstay past the 6 month rule cause problems with I-129F?
2 posts removed at the poster of the posts' request.

Edited by Kathryn41, 28 January 2010 - 07:32 PM.

Kathryn41FemaleCanada2010-01-28 19:04:00
K-1 Fiance(e) Visa Process & ProceduresK1 out of status?

Hi everyone, I have a question...
Well me and my boo get married:) and now is like the end of the second mouth I'm in the US.
We can start processing the documents 4 my green card probably after a mount but than my K1 will b expired...When i called 2 the Immigration ppl they told me that I'll be 'out of status'...Can anyone explain me what it this...And how i can travel home do i have to wait till my green card is ready and normally how long it takes? Thank u!


Hi. Your K-1 actually expired when you crossed the border - it is a visa for entering the US one time only for the purpose of getting married within 90 days. At the border you received a card called an I-94 entry/exit visa that was stapled into your passport. It has a date 90 days later from the date you entered the US. This I-94 card is your proof of legal status in the US. When you pass the date on the I-94 you are out of status unless you have filed for the AOS (green card). Being without status in the US means that you have no legal paperwork allowing you to live here and no protection from immigration enforcement rules, so that is why it is important to file for your green card as soon as possible. Once you file for the green card you are again in legal status in the US as "AOS applicant" and protected.

You cannot leave the US safely until you receive either your green card or a document that you apply for at the same time called an Advance Parole Travel document (I-131). The I-131 usually takes about 90 days after you file the AOS application and the I-131 application form. It gives you permission to travel and return to the US while you continue to wait for your green card. You cannot leave the US until you actually have received the AP document, though - just filing for it isn't good enough.

If you leave the US without either the green card or the AP you will not be allowed back in the US, and you will give up the AOS that you filed. Your husband would then have to start the whole immigration process all over again from the beginning, filing this time for a CR-1 visa - so don't leave the US :no: .

While you should try to file for the green card before the date on the I-94 so you don't have any out of status dates, you probably won't have too many problems if you file afterwards. If you wait a long time and have more than 180 out of status days (about half a year) then you can no longer use the AP to travel and cannot leave the US, because if you do you will receive an automatic 3 year ban on returning to the US. If you have a year of out of status days and left the US you would receive an automatic 10 year ban on returning to the US. Once your green card is approved, however, any out of status days you have are forgiven and you can work and travel freely.

Hope this helps.

Edited by Kathryn41, 03 February 2010 - 11:59 PM.

Kathryn41FemaleCanada2010-02-03 23:57:00
K-1 Fiance(e) Visa Process & ProceduresUsing Notary to prove we were together

You need to have correspondence proof, letters, chat history, phone calls, pictures, and emails etc. Just having some thing notarized will not help you show proof that you are in a relationship.


No, it won't show that they are in a relationship but it is good evidence to prove they meet the 'must have met within the last two years' requirement - an important consideration when submitting the I-129f petition.
Kathryn41FemaleCanada2010-01-17 21:16:00