ForumTitleContentMemberSexCountryDate/Time
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
K-1 Fiance(e) Visa Process & ProceduresCan my fiance file for k-1 while in canada?
To add to what payxkiba wrote:

If your US citizen fiancee will have legal residency status (temporary is fine) in Canada through some sort of a visa and will be in Canada for more than 6 months, then you may consider getting married and applying for the CR-1 immigrant visa using the DCF (Direct Consular Filing) option. Your 'husband' would have to show that his residency in Canada is temporary and that he has maintained permanent residency ties in the US, ie. a home (lease or mortgage), employment, Driver's license, etc. That is called proving 'domicile'. When the visa was approved, you would then be allowed to move to the US to live and obtain a Green card (permanent residence status) when you cross the border using the visa. You can't start this process, however, until you are married.

If you don't wish to get married yet, your fiance can file for a K-1 visa at any time. He will need to maintain a US address for the filing and you would not be able to get married until after you get the visa and move to the US. You must then get married within 90 days. As your status in the US is only valid for 90 days you then apply to adjust your status from non-immigrant fiance to permanent resident in order to obtain your green card.

The K-3 visa is obsolete - it was set up to allow foreign spouses to enter the US faster when the CR-1 visas were taking so long. Now they take about the same length of time and you still are only partway through the immigration process with the K-3 and need to do more when you get to the US.

You might want to read up on both of these processes in the Guides posted at the top of the page to determine which one is the best fit for the two of you.

You may also want to stop in at the Canada Regional Forum to meet many other Canadian/American couples who are going through the immigration process as well. They are always able to answer lots of questions and give advice based upon their personal experiences in cross-border Canada-US relationships.

Edited by Kathryn41, 08 February 2010 - 05:42 PM.

Kathryn41FemaleCanada2010-02-08 17:39:00
K-1 Fiance(e) Visa Process & ProceduresQuestion of the context of hardship in K1
Thread closed at the OP's request
Kathryn41FemaleCanada2010-02-16 17:37:00
K-1 Fiance(e) Visa Process & ProceduresLiving in USA, Fiance in Canada
I will add that you can expect both processes to take about 9 months to a year based on current processing times. Both have their 'pros' and 'cons'.

Once you have formed the intent to marry, there is no faster way to get her to the US than by pursuing one of these visa processes. (The third way, the K-3 visa, is now considered obsolete). She can visit you during these processes but she needs to show strong ties to Canada when she crosses the border to reassure border guards that she is not trying to evade immigration law and live in the US without proper authorization.

The K-1 fiancee visa means you can't get married until she gets her visa and arrives in the US, then you have to get married in the US within 90 days. Then she has to apply to become a permanent resident in order to stay in the US (called Adjustment of Status). You start the process by filing an I-129f petition. When that is approved the process moves to the US Consulate in Canada who will contact her and tell her what is needed. She will need to do an immigration medical, get security clearances, and attend an interview among other things.

The CR-1 visa means you need to be married first to apply. You can get married either in Canada or the US, but she stays in Canada while the visa is processed. Once she receives the CR-1 visa she crosses the border and becomes a permanent resident right away (ie. gets her green card). You start the process by filing an I-130 petition. When that is approved the process again moves to Canada, and she must again do an immigration medical, get security clearances and attend an interview among other things - same as for the K-1.

You will find reading the guides at the top of the page and at the top of the forums very useful. Good luck. Be sure to check us out in the Canada Regional Forum as well - you will find lots of people with similar experiences to yours who are more than happy to help and answer questions.

Edited by Kathryn41, 18 February 2010 - 08:08 PM.

Kathryn41FemaleCanada2010-02-18 20:06:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa passport required? please help
Also, removed a duplicate thread on the same topic in the K-3 forum.
Kathryn41FemaleCanada2010-02-20 17:31:00
K-1 Fiance(e) Visa Process & Proceduresbringing all 3 kids at the same time (k2)
duplicate threads moved from other forums (or fora for the purists :) ) to here merged together and duplicate post removed.

Edited by Kathryn41, 20 February 2010 - 12:25 PM.

Kathryn41FemaleCanada2010-02-20 12:24:00
K-1 Fiance(e) Visa Process & ProceduresReturning to Canada after entering the US on K1 visa
Generally, a K-1 visa is good for a one time entry to the US in order to get married within 90 days. If you leave the US you won't be allowed back in unless you have one of two possible documents - a travel document known as an "Advance Parole" or your green card. If you leave before you get married, you cannot use the K-1 again although if there is an emergency that requires you back home before you have got married, you can always request the Consulate to re-validate the same K-1. They may or they may not but if they do, it would only be for the remainder of the same 90 day period of time that started when you used it.

The process is that you enter using the K-1 visa. You have 90 days in which to get married. You get married. Once you are married you apply for permission to remain in the US (called Adjustment of Status - AOS- from a non-immigrant fiancee to a permanent resident green card holder). At the same time as the AOS you also file a form to request permission to travel and return to the US called an Advance Parole. You can also request permission to work at the same time. When the AOS is approved you will receive your green card - you will be a permanent resident in the US and can work and travel freely. This can take anywhere from several months up to 2 years (not common). The Advance Parole gets approved much faster - usually within 2 to 3 months of filing for the AOS, so you are looking at a minimum of 2 to 3 months up to a maximum of 6 months ( if you don't get married right away) of not being able to return to Canada safely. If, while you are waiting for the AP to be approved and you have a family emergency back home, you can request and receive an emergency AP fairly quickly but you need to provide proof of the emergency.

I hope that helps:-). Stop in and visit in the Canada Regional Forum as well - you will find others who are going through the exact same process you are considering.
Kathryn41FemaleCanada2010-02-20 23:32:00
K-1 Fiance(e) Visa Process & ProceduresAppointment Letter
Moved from CR-1/IR-1 forum to K-1 forum
Kathryn41FemaleCanada2010-02-23 07:42:00
K-1 Fiance(e) Visa Process & ProceduresPassport Photos
The instructions for the K-1 state:

Give USCIS a passport-style color photograph of yourself and a passport-style color photograph of your fiancé(e), with both photos taken within 30 days of the date of filing this petition. The photos must have a white background, be glossy, un-retouched and not mounted. The dimension of the full frontal facial image of you and your fiancé(e) in separate photos should be about one inch from your chin to the top of your hair. Using a pencil or felt pen, lightly print the name (and Alien Registration Number, if known) on the back of each photograph. http://www.uscis.gov...i-129finstr.pdf

so, yes, they should be taken within the past month. I don't expect you will have a problem if they are a few days/week or two out of the range but they do want them to be up-to-date and recent.

Yes, list all children, even the ones who are off on their own and married, even if they are not included on the visa application. You will discover that USCIS is really, really nosy, and will ask a lot of intrusive questions and ask for a lot of personal documents and information over the next few years as you go through this process. The best thing to do is to answer them accurately, completely and honestly.

Good luck.

Good luck.

Edited by Kathryn41, 25 February 2010 - 10:20 PM.

Kathryn41FemaleCanada2010-02-25 22:18:00
K-1 Fiance(e) Visa Process & Proceduresmedical exam causes of failure
Another possible cause for failure is having had psychological problems with episodes of harm to self or others. Additional medical and psychological evidence is often requested.
Kathryn41FemaleCanada2010-02-25 22:23:00
K-1 Fiance(e) Visa Process & ProceduresCertificate of Citizenship (form N-560)

All

Good Evening..

Back again with another question... What's the question limit? lol... I hope you're not getting tired of me... I have a long way to go, so many more questions to follow...

As I was discussing my application with my dear dad, I learned in fact, I do have a certificate of citizenship.. (N-560), Which is good to know, because I had assumed that since I met the definition of a US Citizen, (born to US Citizen on Foriegn Soil) that I did not have or need a Certificate of Citizenship.. While chatting with my father, I learned I did in fact have one. He drove down to the safe deposit box and dug it out..

Knowing this is good, because, I don't want any problems once my I-129 is off to the USCIS.

I will need to change my answer to the Citizenship Question, My question is, what number do I put down...

There are two numbers on the Certificate:

1st is a number with the following structure AA-###### (Not sure what this number is called)
2nd is a number with the following structure A####### (called the Application Number)

I dont have a copy of this Certificate to see it first hand, since I am currently working out of the country at the moment, and my father won't scan it and send it to me due to fear of violating the restiction on copies, so maybe someone can tell me how to answer the question and which number to put..

The Second part of the question is, Do I need a copy of this form for anything.. THere is only one Copy (Original Copy) in my fathers possesion, so I don't want to take a chance in losing it..

Keep in mind, I have all the following documents already in my possesion:

  • a passport (US Issued)
  • Birth Certificate - Original Certified Copy (DS-1350 - Issued by Department of State)
  • Report of Birth Abroad of a Citizen of the United States - Copy - Non Original - (Form FS-240)

As always, I look forward to your responses.. Thanks again for everyone's wonderful help...

Kenny


I'm not sure if this will help or not, but on my Naturalization Certificate the certificate number is in big letters in red on the upper right hand side just above where it says "Naturalization". Below is my Alien "A" number much smaller and in black type. It says "Certificate Number" next to the certificate number.

It is too bad that your Dad won't scan/fax a copy to you. Perhaps he can make a facsimile and print out by hand where everything is and what it says and see if that gives you an idea of which is the certificate number.
Kathryn41FemaleCanada2010-02-26 22:10:00
K-1 Fiance(e) Visa Process & ProceduresImmigration for spouse
Post containing TOS violation removed. Acceptable portions of the response are returned to the thread here:

katrinebonn: sha, if you are an American citizen, it would be better for the two of you to get married in Pakistan and then go to the United States. This is only based on what people here in the Philippines say about migrating in the United States. It would be easier for a foreigner to become an American if she marries an American before coming in the United States.


Kathryn41FemaleCanada2010-02-28 23:47:00
K-1 Fiance(e) Visa Process & Proceduresfiance visa denial
What has likely happened is that since you were requested to attend the interview and didn't they have decided that the relationship is not valid. They will send the petition back to the USCIS with the request that it be reviewed and revoked. USCIS will look at the application again and either revoke it or revalidate it - or just sit on it until it expires. You will be given the opportunity to address any reasons for its revocation or will have to go through the whole interview process again if it is returned to the Consulate. If they sit on it until it expires then you will have to refile and go through the whole process again, this time making sure you attend any interview and be prepared to argue for the validity of your relationship.

Your best interest is to try and get them to keep the application at the overseas consulate instead of returning it to the US, and request another interview at which you must attend and provide evidence to counter why they think the relationship is not valid.

Some of the consulates are very difficult to deal with. Without knowing what Consulate you are at it is difficult to give you more specific information. The first thing you need to do, though, is find out exactly why the visa was denied. Your fiance should have received a letter stating the exact reason. That is the issue you need to address. You may find more specific help in the Regional forums for your fiance's country as there will be others there who have gone through this same situation. Their experience and advice would be very useful to you.

Good luck.
Kathryn41FemaleCanada2010-02-28 12:48:00
K-1 Fiance(e) Visa Process & ProceduresI797 Valid From Dats

Not sure why you need a response from the Embassy. They'll send the packet 3 soon after they receive the case file from NVC. You can download it in advance and start getting prepared.


Except the problem here is that they didn't and it has been quite a few months now since the NOA1. Their message was that they had sent something - but she never received it. The OP is now following up with the Embassy/Consulate to see what the status of the petition is - if they have re-validated its status or if it has expired because there was no follow up. He applied for the K-1 in April, 2009, received the NOA1 in September 2009 - and there has been nothing since.

Edited by Kathryn41, 06 March 2010 - 09:33 PM.

Kathryn41FemaleCanada2010-03-06 21:31:00
K-1 Fiance(e) Visa Process & Proceduresi got another touch 1 day after my noa2
two of the three identical posts removed. There is no need to post the same topic more than once.
Kathryn41FemaleCanada2010-03-05 21:22:00
K-1 Fiance(e) Visa Process & ProceduresMarrying your girlfriend while she is in the States on Tourist Visa
Good luck to you and your fiancee. I hope you do stay around and let us know how things are going on your K-1 journey. There are many individuals here with a wealth of knowledge happy to assist you through this process so please do feel free to avail yourself of their experience.

We've pretty well all been there, done that (got the t-shirt!) or are going through the process now, and are happy to help you navigate the murky waters of US immigration. We will also understand what you are going through and why it is so complicated when friends and family don't - that's a biggie :D .
Kathryn41FemaleCanada2010-03-06 23:56:00
K-1 Fiance(e) Visa Process & ProceduresMarrying your girlfriend while she is in the States on Tourist Visa

So can anyone recommend the K-1 route as opposed to the CR-1 route or vice versa? Blah, I'm just so confused at this point :(


Yeah, it can be pretty overwhelming and confusing at first.

The pros of the K-1 visa is that you can start the process now so that it is finished earlier. The cons are that you can't get married until she gets the visa and then you have to get married in the US within 90 days which may be a challenge if you want a big wedding (it can be done). You have to apply for AOS (adjustment of Status) after you are married to get the green card and apply for permission to work and permission to travel while waiting for the green card approval at the same time. It is also the more expensive process of the two.

The pros of the CR-1 are that once she crosses the US border she has her green card and is allowed to work and to travel without requiring further permission. It is the cheaper of the two processes. The con is that you can't start the process until you are married so it may take longer to be together.

Those are the very 'basic' pros and cons. There are also others that may vary situation by situation. Read over the guides for the two processes and check out the links at the Norway Portal site I gave you. It has reviews from other VJ Norwegian/American couples about their visa processes.

Edited by Kathryn41, 06 March 2010 - 09:27 PM.

Kathryn41FemaleCanada2010-03-06 21:26:00
K-1 Fiance(e) Visa Process & ProceduresMarrying your girlfriend while she is in the States on Tourist Visa
It is hard to predict an exact time. The process starts with you filing either an I-129f (fiance) or an I-130 (spouse) petition in the US. Approval for that phase may take as little as 2 months or as long as 6 months - generally, it is somewhere in between. Then the processing would move to the US Consulate in Norway responsible for immigration. Every Consulate is different in how quickly the process things. She would be required to obtain certain documents (long form birth certificate listing parents' names, passport with validity beyond 6 months, etc.), obtain police clearance records for everywhere she has lived for more than 6 months after the age of 18, have an immigration medical by an approved physician, then attend an interview. Phase 2 of the process is partially dependent on how quickly she is able to get her side of things done and notify the Consulate that she is prepared for an interview. Again, you could be looking at as little as 2 to 3 months to several months. It is generally a good rule of thumb to expect the proper immigration processes to take about 9 or so months. Some cases go faster and some go slower.

If you click on the link above that says Immigration timelines you can click on the various processes and see what the historical averages are. You could also look at the Guides listed above and see the steps involved in each process to give you an idea of what is involved. Finally you can check in the Portal for Norway http://www.visajourn...?country=Norway and click the links there for timelines and Consulate information to see country specific information.
Kathryn41FemaleCanada2010-03-06 21:07:00
K-1 Fiance(e) Visa Process & ProceduresMarrying your girlfriend while she is in the States on Tourist Visa

Well she has been here before twice to visit, and that's how we fell in love in the first place. But if she did come back and we legitimately spontaneously decided to get married while she is here, is that kosher? I'm certainly not trying to be involved with any sort of fraud, but I wasn't sure how this type of situation works. Thanks again.


That is kosher - although you are already discussing having her come on a visit and get married while here - so I am not sure if your intent is as spontaneous as you suggest. It is not illegal to enter the US with the intent of getting married; what is illegal is having the intent of getting married and then staying in the US to adjust status from non-immigrant to permanent resident.

She is allowed to enter the US as a visitor with NO intent on getting married, then spontaneously deciding to marry and remain in the US to adjust status. As mentioned above, she needs to remain in the US until she either gets her green card or special travel permission known as 'advanced parole'. The process will include an interview and intent may come up at the interview so you would need to be prepared to show that there was no intent on getting married before she arrived in the US on this visit.

Another option is to consider the CR-1 visa. She would enter the US as a visitor, you would get married, then you would apply for permission to sponsor her to the US as your wife. She would leave the US after her visit and once your permission was granted, would pursue the spousal visa in her home country. When she got the visa, she would return to the US and get her green card.

Another option to consider is going the K-1 fiancee visa route. Again, she could visit but not remain. You would apply for permission to sponsor her to the US as your fiancee. Again, the visa is processed in her home country and when it is granted, she would enter the US and you would get married within 90 days, then apply to adjust her status to become an immigrant and get her green card. Again, once she entered the US on the K-1 visa she would not be able to leave (well, ok, she could leave but she would not be allowed back into the US) until she gets the green card or the advance parole.

Your lawyer was not being very forthright with you as he did not mention the problem with 'intent'. If you enter with intent, get married, apply to remain and the intent is discovered, there are serious repercussions that could include up to a life time ban on re-entry for misrepresentation. If the AOS is denied there is also no right of appeal and you would have to start the immigration process all over again with the CR-1, plus address overstay issues and possible misrepresentation issues.

So, as much as we would all love this process to be simple and allow us to be together while it is underway, it really isn't that easy.

Edited by Kathryn41, 06 March 2010 - 08:55 PM.

Kathryn41FemaleCanada2010-03-06 20:54:00
K-1 Fiance(e) Visa Process & ProceduresContacting our Congressman/Senator
Split from 'Problem with USCIS' thread as it is a separate topic and likely to get lost in its original place.
Kathryn41FemaleCanada2010-03-08 18:47:00
K-1 Fiance(e) Visa Process & ProceduresI sent my K1 app the same day my divorce was finalized... now stuck!
Canada is an easier Consulate for relationships and generally doesn't ask questions about previous relationships or age differences as long as you are legally divorced and provide the documentation. If it comes up at the interview it is an easy matter to state you were separated many years before you finalized the divorce. In countries where the cultural norms do not generally approve of such age differences, especially if it is a poorer country, you might be asked for such a document as you suggested, but in Canada an older woman/younger man relationship is culturally accepted. Canadians are also not seen as likely to seek green cards through fraudulent marriages in order to get to the US whereas such a relationship in a poorer country where it is not culturally accepted may be seen as a red flag. I doubt you will have a problem.

Edited by Kathryn41, 07 March 2010 - 10:48 PM.

Kathryn41FemaleCanada2010-03-07 22:39:00
K-1 Fiance(e) Visa Process & ProceduresMajor Problems with USCIS - anyone else?
Under the circumstances I would get in touch with your Congressman or Senator and ask them to step in and find out 'what is going on' and see about getting your problems sorted out quickly. You have been very patient.

I know for one of the many documents I received from USCIS over the years, one time I had someone else's receipt stuck to mine. This person was out on the west coast. I debated about returning it to USCIS but in the end I just forwarded it directly to the person involved telling them I found it attached to mine.

You think they would take more care about attention to little details like that, wouldn't you? So, contact your Congressman or Senator and let their immigration staff work on your behalf.

Good luck.

Edited by Kathryn41, 28 February 2010 - 06:22 PM.

Kathryn41FemaleCanada2010-02-28 18:21:00
K-1 Fiance(e) Visa Process & Proceduresplease help me about visa 1 i have some question
post containing inappropriate judgmental off topic type of comment has been removed.
Kathryn41FemaleCanada2010-03-13 11:26:00
K-1 Fiance(e) Visa Process & ProceduresHi, im new here.

Kathryn41 - Thankyou so much for all the information and advice. You really helped.
My Fiance is the father to my son and we already have an appointment to get him in at the U.S embassy here in london.
My fiance is currently here in the UK with me on holiday and we want to send off the K1 ASAP... We were going to fill it out over here and post it to where it needs to go in America. Does it matter that it will be postage stamped from here? Does it have to be mailed from america?
I really just want to get the process started asap.
Thankyou again, you really helped.


You're welcome :) . How nice that your fiance is with you now and you are able to take care of your son's CRBA (Consular Report of Birth Abroad) right away.

Certainly you can complete and post the I-129f package from England - it doesn't have to be mailed from within the US. It does require your fiance to be living in the US - which he is - and to have a US address because that is where his NOA1 (receipt) will be mailed. While I highly doubt anyone will ever say anything to you about it being mailed from GB, it is no problem to say you completed it together while he was visiting you and posted it from overseas.

I can appreciate you wanting to get this started right away. Even though you will be apart during much of the processing (except for visits) it helps to think of the separation as short term pain for long term gain, and speaking from experience, the frustration and disappointment of being apart does fade away and loses its sting once you are together permanently.

Good luck.

Edited by Kathryn41, 13 March 2010 - 05:35 PM.

Kathryn41FemaleCanada2010-03-13 17:33:00
K-1 Fiance(e) Visa Process & ProceduresHi, im new here.
If you are good at paying attention to details and filling out forms you should have no problems doing the K-1 visa process on your own. Read as much information as you can, including reading over all of the forms themselves. You will need to obtain certain documents to present at different stages of the process and knowing about them beforehand will mean you won't have to wait to get them later.

Basically, the US citizen starts the process by filing an I-129f petition requesting permission for his fiancee to apply to come to the US on a K-1 visa. He will receive a receipt - called an NOA1- that will have a case number on it. When the I-129f petition is approved he will receive another receipt -NOA2 - stating it has been approved and forwarded to the US Consulate in your country that does K-1 visas. You will then receive a letter from the Consulate telling you that they have received an approved petition and inviting you to file for the K-1 visa. They will send you all of the information and forms you need and tell you other things you need to do (immigration medical exam, police security checks, things like that). When you are ready, they will schedule you an interview. At the interview they will decide if they will issue the visa (almost definitely they will) and put the visa in your passport. Then you will have 6 months time in which to use the visa to move to the US. Once you move to the US you need to get married within 90 days and then file to become a permanent resident (called 'adjusting status' or AOS') - which means getting permission to stay in the US to live and to work. While you are waiting for this permission (known as getting a 'green card') you can also apply for permission to work and to travel outside of the US. One important thing you should know now - your US partner needs to 'sponsor' you by entering a contract with the Government called an Affidavit of Support. This means that he needs to earn at least 125% of the poverty guidelines for 3 people - or else have a US co-sponsor who does meet this income level.

Regarding your son, if your US fiance is the father of your son, then your son is already a US citizen - derived through his father's citizenship - and does not need a visa. He needs proof that he is a US citizen and will then get his own US passport and be allowed to enter and live in the US as a citizen. Your son's father needs to obtain this proof by applying for a Consular Birth Abroad at the closest US Consulate or Embassy, which will 'register' your son's birth as a US citizen. That will make the paperwork a lot easier for you as you will only need to pursue the K-1 visa and not the K-2 as well.

Here is the information about registering your son for the Consular Birth Abroad documentation: http://www.travel.st.../first_828.html


Good luck - and don't be afraid to ask questions - the only dumb question is the one that wasn't asked and needed to be :) .
Kathryn41FemaleCanada2010-03-13 12:59:00
K-1 Fiance(e) Visa Process & ProceduresI-129 Canadian visiting

Hi
I'm filling out the I-129 and under the section where it asks if I'm currently in the U.S. I said yes, just as a visitor.
It than asks for the I-94 number.
From what I'm aware Canadians don't need one for the states.
Any idea on what to put in there if anything?
Thanks.


Put N/A - [not applicable] Canadian" Are you filling out the I-129 or the I-129f? You need to be filling out the I-129f, just in case.

Edited by Kathryn41, 14 March 2010 - 05:59 PM.

Kathryn41FemaleCanada2010-03-14 17:57:00
K-1 Fiance(e) Visa Process & ProceduresChoosing an Embassy or Consulate

Hi,

I'm in the process of filling out a I-129F and I have a question. My fiancée is Colombian but currently lives in Santiago, Chile where she is finishing up a Masters degree at the University of Chile. All she has left is to finish her thesis and she should be done and back in Bogota by July or August at the latest. Given this time frame, and that we are just starting the process now, it seemed to make the most sense to process her visa through the Embassy in Bogota and that's what I'm indicating in Question 20 on the I-129F. But the note below the question gives me pause. It reads:

"Designation of a U.S. embassy or consulate outside the country of your fiancé(e)'s last residence does not guarantee acceptance for processing by that foreign post. Acceptance is at the discretion of the designated embassy or consulate"

Does anyone think that were likely to have any trouble having her Visa processed in Bogota, where she is from, rather than in Santiago, where she happens to be living now?

Thanks in advance.

-rs1971


Does she have an address in Bogota right now, perhaps with family? Her address in Chile is her temporary address since that is where she is at school but not where she is intending on staying? They will forward the approved petition to the Consulate that is responsible for the area in which she is living. So, I would suggest that you indicate to them that her temporary address is in Chile but her permanent address is in Colombia and provide the dates that she will be returning to her Bogota addresss.

Edited by Kathryn41, 15 March 2010 - 06:49 PM.

Kathryn41FemaleCanada2010-03-15 18:47:00
K-1 Fiance(e) Visa Process & ProceduresHow te get infopass appt. at USCIS?
It may not help much but your US fiance can certainly make an Infopass appointment and see if there are any problems that are causing a delay. He can make the appointment through the USCIS website at http://www.uscis.gov . On the left hand side of their web page he will see a big "INFOPASS' with a link below to 'make an appointment'. He can click on that link and then follow the directions.:) They will allow him to select the closest USCIS office to where he lives.

Good luck, I hope you hear something soon.


I'm also moving your post to the K-1 visa forum as it relates to the K-1 visa process rather than working and travelling int he US prior to getting a green card.

Edited by Kathryn41, 15 March 2010 - 10:01 PM.

Kathryn41FemaleCanada2010-03-15 21:57:00
K-1 Fiance(e) Visa Process & ProceduresK2 Question
Duplicate threads merged and duplicate post removed.
Kathryn41FemaleCanada2010-03-16 13:13:00
K-1 Fiance(e) Visa Process & ProceduresNew to the Forums
There is certainly no problem with her being with you while you are waiting for your NOA2 because nothing will be sent to her until after you have received approval of the I-129f petition. It would only be after that when she would expect to receive information from the Consulate and would be required to take action. If she is still staying with you after that then she would need to have someone back home watching her mail for her who can notify her when she receives information from the Consulate.
Kathryn41FemaleCanada2010-03-16 22:05:00
K-1 Fiance(e) Visa Process & ProceduresBirth Certificate
Duplicate threads merged and duplicate posts - and post linking to duplicate post - removed
Kathryn41FemaleCanada2010-03-18 10:48:00
K-1 Fiance(e) Visa Process & Procedureshow much cash should i bring to the k1 interview in jerusalem?
Duplicate threads asking the same information but in different words merged so all of the information and responses are in the same place. It is not necessary to start a new thread to ask for more information about the same topic.
Kathryn41FemaleCanada2010-03-19 20:35:00
K-1 Fiance(e) Visa Process & ProceduresCanadian inadmissible to US and engaged to an American!
Judgmental comments are inappropriate, of no use to the OP, and were not requested. If you have nothing useful to add to this thread, please do not add anything at all.
Kathryn41FemaleCanada2010-03-18 22:18:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa Interview
I will remind everyone that judgmental comments are unnecessary and offer nothing of value to the thread. If you cannot add anything useful for the OP, then do not add anything at all.
Kathryn41FemaleCanada2010-02-23 19:16:00
K-1 Fiance(e) Visa Process & ProceduresK1-Divorce_K1
I would just like to comment that while Pushbrk is a valued and valuable member of this community and very knowledgeable about many aspects of the immigration process, he is by no means the only one who is knowledgeable enough to answer the OP's concerns correctly. VJ is fortunate to have a wealth of very well informed, experienced and intelligent members who through personal or professional experiences are able to answer concerns about a wide range of issues in the immigration process.

So, thank you for recognizing the expertise of one of our members but please remember he is not the only one who is able to provide 'excellent' information at Visa Journey.

Edited by Kathryn41, 20 March 2010 - 01:57 PM.

Kathryn41FemaleCanada2010-03-20 13:41:00
K-1 Fiance(e) Visa Process & Proceduresurgent help
Please do not make personal attacks against VJ members. This is a violation of the Terms of Service for Visa Journey which you agreed to abide by when you became a member. You can discuss a disagreement but you are not allowed to make personal attacks.

Edited by Kathryn41, 21 March 2010 - 09:41 AM.

Kathryn41FemaleCanada2010-03-21 09:32:00
K-1 Fiance(e) Visa Process & Proceduresurgent help
The insulting and judgmental comments in this thread are inappropriate and border on the TOS violation of personal attacks. They are certainly not justified or warranted by the information posted by the OP. If you are not able to frame your advice in words that are helpful rather than hurtful, then do not respond. Further attacks on the OP and/or her situation will be dealt with administratively. Do not continue to attack and insult each other either.

Edited by Kathryn41, 20 March 2010 - 12:01 PM.

Kathryn41FemaleCanada2010-03-20 12:00:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Confusion

My Boyfriend is from the USA. I am from Canada, but currently staying with him for a few months, a visa is not necessary - Canadians are allowed to visit for 6 months.

I'm wondering if we can apply for a k-1 while I am in the USA, and if I have to leave for Canada for the interview or can I do this from the US. I've been told so many different things and read so many posts that i'm confused. Some have said once you file the papers, you cannot leave the country. Other posts said you have to interview in Montreal?

Yes, you can start the process for the K-1 while you are in the US because it is not you starting it - it is your fiance. He needs to file an I-129f petition to the immigration service center for where he lives. When this is approved - and it will take several months - he will receive a notice called an NOA2. At this stage, the whole process moves to Canada. You will receive a letter telling you there is an approved petition for you and inviting you to apply for the K-1 visa. The package will include instructions about what you need to do next. You will need to do this part in Canada - it cannot be done from the US. The end stage of this process is an interview either in Montreal if you live in Eastern Canada or Vancouver if you live in Western Canada. Once you are approved after the interview, you get the K-1 visa placed in your passport. The visa is valid for 6 months - which means you have 6 months in which to use it - and it is good for a one time entry into the US with your belongings. Once you enter the US you have to get married within 90 days and then file for permission to remain in the US as a permanent resident (called Adjustment of Status aka AOS aka 'green card').

I think you are getting several different stages of the process confused- or the people who you have been talking with are confused. Once you enter the US on the K-1 visa you cannot leave until one of two things happens - you receive your green card or you receive special travel permission after you have filed for but before you have received your green card. If you do, you will be refused re-entry to the US and have to start the immigration process over again with a spousal visa.


If we file for a K-1, I am able to work in the USA (I've read that I can apply for jobs with an Alien number on the application-I don't know if that is correct though).
Actually this is no longer true. K-1 visas are 'work-enabled' but you still need to have specific authorization known as an EAD - Employment Authorization Document - before you are allowed to work. You apply for the EAD the same time you apply for your green card. It usually takes about 60 to 90 days to receive. This is also true for the special travel permission I mentioned above (called an Advance Parole - AP). You also need to have a Social Security Number in order to work and you apply for this after you enter the US on the K-1 visa. The A number ("alien" registration number) is only a tracking number used for immigration purposes and has nothing to do with employment.
That process is around 5 months, then we receive a notice of approval, and we then have 4 months to deal with that. Once we have the visa, we then have 90 days to get married. Is this all correct?

Yes and no. The timeline has a great deal of variability. The petition stage - the I-129f petition filed by your fiance - can take anywhere from 3 or 4 months to 7 months or more. 5 months appears to be an 'average' - it could be faster or slower. When the petition is approved (NOA2) the process moves to Montreal. It takes several weeks to get there from the US. When it does, they send you an information package of what you need to do next. There are a number of documents you need such as your passport, a long form birth certificate, death or divorce papers for previous marriages, a Canada wide police security check (through the RCMP - name check is fine unless you have any charges in which case a fingerprint check is required), and an immigration medical from an approved Panel Physican (a doctor selected by US immigration to do the medicals). When you have these things done or arranged, you notify the Consulate and they put you in the line up for an interview. Interviews are currently taking about 5 or 6 months to schedule, so assuming you get everything else done really quickly and notify them right away you have a minimum of 5 or 6 months wait plus however long it takes for you to get your 'stuff' together. You leave your passport with the Consulate if your application is approved and they mail it back to you within 1 to 2 weeks. It is valid for 6 months. Once you use it to enter the US, you receive a document called an I-94 stapled into your passport that is valid for 90 days. You need to get married before the I-94 expires, and you need to apply to become a permanent resident.

Because I'm not here on a Visa, by that time I would be over my 6 month limit. Would I be considered staying illegally while the paperwork goes through or does my time automatically extend?
You are not here on a technical visa but you are here on a de-facto B2 visitor status even as a Canadian. You cannot stay beyond the 6 months time in the US. You are not allowed to be 'living' in the US during this process. You are also expected, as a visitor, to spend at least an equal amount of time in Canada as in the US. Two other considerations - you lose your access to Canadian health benefits coverage if you are outside of Canada more than 6 months, plus the IRS now considers you a tax resident of the US and you will either need to file a US tax return or prove to them you have closer financial ties to Canada than to the US.

If you go over your 6 months visitor's status, you are out of status and start accumulating out of status days. If you have more than 180 out of status days, then when you leave the US you automatically incur a 3 year ban. If you have more than a year of out of status days, when you leave the US you automatically incur a 10 year ban. Visa petitions will be approved but you would be denied at the interview if you have a ban.

Can anyone else fill me in on things we should be concerned about?
You can visit your fiance during the process but you will need to be prepared to show strong evidence of your ties to Canada - letters from employers stating your date of expected return, a lease or mortgage, ongoing expenses that you are regularly paying such as utilities, insurance, etc. If US border authorities ever suspect you are living in the US or are trying to evade immigration policy and procedure (ie are an immigration risk) they will deny your entry to the US. That is why you try to reassure them that you need to return to Canada. Having a K-1 visa in process also acts as very good evidence that you are following the correct immigration process.
Thanks!

Come on over the to Canada Regional Forum as well - you will find lots of Canadian-American couples who are going through the same process as you are at various different stages. It is one of the best ways to find out exactly how long things are taking right now.

Edited by Kathryn41, 19 March 2010 - 07:46 AM.

Kathryn41FemaleCanada2010-03-19 07:42:00
K-1 Fiance(e) Visa Process & ProceduresKI-129F petition rejected for code PS 105????

Oh dear, i used some white out, or tipex as we call it, on my DS-156.. I had put a telephone number in with 2 of the digits the wrong way round. I had decided that it was such a small mistake that it would be ok to tipex it out and correct the 2 digits.. :bonk: :bonk: :bonk: :bonk:

Have applications been returned on the basis of this? i hope not.. Im worried it might prolong my application now.. i think i need homer simpson here for his trusty DOH!!!!!!!!


I whited out some information on mine as well - I had put in an incorrect date and when I discovered it, corrected the error with whiteout. It was no problem for me. I doubt it will be a problem for you in this case, either.
Kathryn41FemaleCanada2010-03-21 09:38:00
K-1 Fiance(e) Visa Process & ProceduresApply for K-1 visa while foreign fiancee visiting the U.S ??
Moved from Removal of Conditions Forum to K-1 forum as it is a K-1 question
Kathryn41FemaleCanada2010-03-25 16:59:00