ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresCOE,Federal or State Tax, w2's, 1099's
Moved from K-1 Progress Report to K-1 Process Forum
Kathryn41FemaleCanada2009-11-14 11:55:00
K-1 Fiance(e) Visa Process & ProceduresDs230
Moved from K-1 Progress Reports to K-1 Process and Procedures Forum
Kathryn41FemaleCanada2009-11-29 21:58:00
K-1 Fiance(e) Visa Process & ProceduresExpedite Process
Anticipated deployment is considered one of the valid reasons for an expedite. You need to provide proof of the deployment or expected deployment to USCIS (formerly INS). The I-129f can be expedited Stateside but I believe there is an additional request required to be submitted to the Consulate to expedite it overseas. You would file the requests with the I-129f and then when the file is transferred overseas, submit a request to the Consulate involved using the file number they give you.

I am sure someone will come along and post links to the appropriate information detailing the steps.

There is also a military 'helpline' you can call to request information and assistance as a member of the military: http://www.uscis.gov...000b92ca60aRCRD

I also found this in the Q&A section for the Military:

Q. Can an expedite request be taken for applications other than for spouses and children of members of the U.S. Armed Forces?

A. Generally, only applications for spouses and children of military members are considered on a case-by-case basis for expedited processing, and only if the military member has official orders to deploy or PCS overseas. However, applications for those other than spouses and children may be considered on a case-by-case basis to determine if USCIS can expedite. Call the National Customer Service Center at 1-800-375-5283 to submit your request. The USCIS office or service center with jurisdiction over your place of residence will determine if the application merits expedited processing.

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

As your fiancee is not yet your wife your request would be addressed on a case-by-case basis. Good luck.

Edited by Kathryn41, 30 November 2009 - 10:41 PM.

Kathryn41FemaleCanada2009-11-30 22:33:00
K-1 Fiance(e) Visa Process & ProceduresHow and where can one report marriage fraud?
I sympathize with your concern about your cousin. Right now as he has no petition in the works for her there is no immigration fraud underway. If she convinces him to petition for her and you have proof that she is committing fraud, you can bring this to the attention of the Department to Homeland Security. Not liking someone is not enough evidence and you will really want to be careful that you don't accuse someone falsely. There is a link in the Terms of Service of VJ about how to contact them:

http://www.visajourn...h...&page=terms

IMPORTANT INFORMATION ABOUT FRAUDULENT OR ILLEGAL IMMIGRATION ACTIVITIES

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

Edited by Kathryn41, 01 December 2009 - 08:01 PM.

Kathryn41FemaleCanada2009-12-01 20:01:00
K-1 Fiance(e) Visa Process & Procedureslost hotel receipt will that be a problem
moved to K-1 visa forum from AOS forum as poster mentions fiancee and will get more responses here.
Kathryn41FemaleCanada2009-12-03 23:22:00
K-1 Fiance(e) Visa Process & ProceduresStarting the process! -or- are all lawyers this useless?
As per Captain Ewok's instructions, if you have any concerns about moderation, please send them to the Administration for review. You can contact Captain Ewok directly by using the contact form: http://www.visajourney.com/contact/

Post containing inappropriate comments has been removed.
Kathryn41FemaleCanada2009-12-02 23:50:00
K-1 Fiance(e) Visa Process & Procedurescan i use W-2 for my appointment
Moved from AOS forum to K-1 forum as poster speaks of his 'fiance'.


nandr, you need to give us more information before we can advise you. What documents has your fiancee sent you for the interview? Has she sent the I-134 form (Affidavit of Support) completed? Has she sent you copies of past tax transcripts or tax returns along with the W-2 or just one W-2? Have you been asked to provide any additional documents by the Consulate already?

Edited by Kathryn41, 03 December 2009 - 10:22 PM.

Kathryn41FemaleCanada2009-12-03 22:20:00
K-1 Fiance(e) Visa Process & ProceduresAbout marriage - Shot in the dark
Just another consideration if you are thinking about using assets to meet the requirement - having a paid in full house may not be accepted because USCIS wants to see readily liquidated assets if they were needed to be used for support purposes. Your primary residence is not considered a readily liquidated asset as you need to replace it with another place in which to live so the asset is offset by the expense. A co-sponsor is probably a more realistic option to explore.

Edited by Kathryn41, 29 November 2009 - 10:43 AM.

Kathryn41FemaleCanada2009-11-29 10:42:00
K-1 Fiance(e) Visa Process & ProceduresPolice certificates for both?
Your US fiance does not have to provide police certificates - only you. You will not have to provide one for China if you last lived there as a 4 year old. You need to provide the police certificates for any places you have lived for more than 6 months since turning 16.
Kathryn41FemaleCanada2009-12-14 23:24:00
K-1 Fiance(e) Visa Process & Proceduresaffidavit of support I-134 questions..
moved from the Russia, Belarus and Ukraine Regional Forum to the K-1 forum as the OP is more likely to get the necessary advice here
Kathryn41FemaleCanada2009-12-18 22:42:00
K-1 Fiance(e) Visa Process & ProceduresForeign travel right after marriage?
A job abroad does not count as an emergency, especially if the applicant has the option not to use the K-1 visa until after the job responsibilities are complete, so she would not be able to receive an emergency Advance Parole.

Basically, if it is important for her to finish the job in Mexico, she has 6 months after the visa is issued to use the visa and it would be better to finish the job and enter in a few months time, even though, yes it sucks that you have to delay the wedding and being together until then. If she enters right away, gets married and returns to Mexico without either her green card or an Advance Parole, she will not be allowed back into the US. You would have to start the immigration process all over again from the beginning, this time applying to sponsor a spouse instead of a fiancee. She cannot get a green card until she is married and has submitted the I-485 application form which can take from several months to 2 years or more to process. She cannot get an Advance Parole document until she has submitted the I-485, however it can probably be issued from between 1 to 3 months time.
Kathryn41FemaleCanada2009-12-20 19:49:00
K-1 Fiance(e) Visa Process & ProceduresWho is in control-petitioner or beneficary?
The OP asked a question and deserves to get answers to his questions, not back and forth bickering between individuals. Please stay on topic and do not derail this thread.
Kathryn41FemaleCanada2009-12-24 15:43:00
K-1 Fiance(e) Visa Process & ProceduresNOA2 doesn't make sense
The USCIS website is notorious for not being updated in a timely way. For example, I received my US citizenship the end of last August - and the website's last update is from May saying they received my application :) . Congratulations on the NOA2 and yes, the hard copy of the NOA2 is important so be sure to hang on to it - you will need it later.

Edited by Kathryn41, 06 January 2010 - 10:45 PM.

Kathryn41FemaleCanada2010-01-06 22:44:00
K-1 Fiance(e) Visa Process & ProceduresRules on staying in the country
Canadians can visit the states while K-1 and even CR-1 visas are being processed but it is up to the border guard to decide whether or not they will allow you to enter. While Canadians theoretically are allowed to visit for up to 6 months, you need to provide strong evidence at the border that you will be returning to Canada. The longer the intended visit, the stronger that evidence needs to be. If the border guards believe you intend to 'live' in the US they will deny you access as an immigration risk.

Trying to show strong ties to Canada while visiting for 6 months will be difficult. Proof of ties include statements of employment and an anticipated date of return to work, ongoing residential expenses such as mortgage and rent payment; ongoing utility bills and daily living expenses, statement of enrollment at a University or College, close family ties (ie child or spouse) remaining in Canada, etc.

It is probably much safer to plan several shorter trips and be prepared with as much evidence as possible. Once you file the I-129f and receive the NOA1 carry a copy of the whole application with you as well. The two times I was pulled into secondary inspection while crossing into the US for a visit (usually less than a week maximum each time) during my K-1 process, once the border authorities came to my K-1 file they closed up the file of documents and let me go on my way.
Kathryn41FemaleCanada2010-01-06 22:34:00
K-1 Fiance(e) Visa Process & ProceduresWhen to get medical appointment
Generally scheduling the medical interviews don't take a long time. I don't know how long the UK is taking right now to schedule interviews (someone more familiar with that will come along and tell us soon, I'm sure) but it is generally considered safe to send the checklist back without having the medical done although there is no reason why you couldn't schedule it before you send it back. You should have time. You may wish to phone the Panel Physician and ask how long it takes to schedule an appointment and if they have a long waiting time, schedule one now, or if it is a matter of a week or so you may wish to wait until after you send back the checklist. In the meantime you can get evidence from your family physician of the vaccinations you do have and perhaps schedule any missing ones with your own doctor instead of having to pay extra for those at the immigration medical.
Kathryn41FemaleCanada2010-01-09 11:05:00
K-1 Fiance(e) Visa Process & ProceduresFees
Topic closed at OP's request.
Kathryn41FemaleCanada2010-01-09 18:51:00
K-1 Fiance(e) Visa Process & Proceduresnvc
moved fron CR-1 forum to K-1 forum
Kathryn41FemaleCanada2010-01-15 20:01:00
K-1 Fiance(e) Visa Process & ProceduresK2 visa?
moved from Immigration News Forum to K-1 forum
Kathryn41FemaleCanada2010-01-16 11:30:00
K-1 Fiance(e) Visa Process & ProceduresWhere to begin???
Unfortunately, there is no 'girlfriend/boyfriend' visa. Everyone who wishes to live in the US needs to have permission of the US government to do so. This permission is given through a certain type of visa. Without a visa you are only allowed to visit the US - you cannot live here. It is the same for Canada - US citizens need permission to live in Canada as well and apply for specific visas.

If you intend to marry, you can pursue a Fiance visa. If you get married, you can pursue a CR-1 visa. If you are qualified to work under terms of the NAFTA you can investigate a NAFTA visa - that is initiated by a US employer who agrees to hire you. There are other work visas that might be appropriate but again, the US employer has to initiate the process. Such visas are difficult to get right now and do require experience as well as education.

If you wish to further your education you can check into student visas. Again, the University has to accept you first and you have to prove you have sufficient money (in the thousands of dollars) to pay for the very expensive tuition as well as to cover living expenses.

The best advice is to try and plan for multiple visits of varying lengths to get to know each other better and decide if you do wish to pursue a fiancee visa or a spousal visa. In any case, prepare a package of information that you can carry with you every time you cross the border proving your ties to Canada - letter from your employer, lease or mortgage, ongoing bills for utilities, insurance, etc.,. If the border guard thinks you are going to try and live in the US or if you cannot prove you have stronger ties to Canada than to the US you stand a good chance of being denied entry to the US.

We all wish there was an easy way to just pick up and move in with our loved ones, but there isn't.
Kathryn41FemaleCanada2010-01-18 20:56:00
K-1 Fiance(e) Visa Process & ProceduresDenied at the border
It happens pretty regularly, actually. US regards everyone who presents themselves at the border as an intending immigrant, especially if they have apparent 'ties' to the US, such as a spouse or a fiancee. What you need to do is reassure them that you are not an intending immigrant at this time but only a visitor. You do that by providing evidence of strong ties to Canada - a letter from your employer verifying your employment and stating when you are expected back at work, a lease or mortgage (make a lease with your mother if you are still living there), ongoing most recent bills related to living expense (ie utilities, hydro, insurance, ISP, etc.), a return ticket if you are flying or taking land transportation, a specified period of time you expect to be in the US (not "about 3 months", but "returning on March 15", etc.) and if you have started the K-1 visa process, bring along a copy of the whole file containing the I-129f petition and attachments, the NOA1 and when you get them further NOAs, information from the Consulate, etc.

When you get the fiancee visa, having been turned back at the border because you were suspected of being an immigrant becomes irrelevant - you now are an immigrant and have the appropriate visa and documentation to allow you to enter. Just make sure you never lie to immigration or border officials in writing or spoken word - that can come back to haunt you big time.

As Carla mentioned, please join us in the Canada Regional Forum as well.

Edited by Kathryn41, 19 January 2010 - 07:35 PM.

Kathryn41FemaleCanada2010-01-19 19:33:00
K-1 Fiance(e) Visa Process & ProceduresKI and Divorce
post providing solicitation for a lawyer's services has been removed. The relevant part of the post is returned below:

RoxcieJoe:
RastsBaby, this is what the party in question will have to abid by for a divorce in Jamaica....

GETTING DIVORCED can be relatively simple. The entire process (from the date on which the petition is filed to the date on which the decree absolute is granted) may take between six to nine months, if no issues arise regarding custody of children, maintenance or division of property.

To petition for dissolution of marriage, one must have been married for at least two years and separated for a continuous period of no less than 12 months and either party may commence the proceedings on the ground that the marriage has broken down irretrievably. There is no need to show that the action or conduct of one party caused the marriage to deteriorate. However, the court is obliged to enquire whether the parties have attempted counselling and whether there is any possibility of reconciliation.

The court will be satisfied that the parties have separated for a continuous period of 12 months even if they resumed cohabitation for an insubstantial time or for up to three months in an attempt to reconcile during that 12-month period. The 12-month period would not have been interrupted.

To qualify to make an application for divorce in Jamaica, the petitioner must be either:

* A Jamaican national

* Domiciled in Jamaica at the commencement of the proceedings

* Resides in Jamaica and had done so for at least 12 months immediately preceding the commencement of the proceedings.

Subject to certain conditions set out in the Matrimonial Causes Act, a decree of dissolution of marriage granted in accordance with the laws of a foreign country may be recognised as being valid in Jamaica.

After a decree nisi is granted, a six-week period must pass before that decree can be made absolute, unless the court fixes some shorter time. Before the decree absolute is granted, either party may apply to the court for the decree nisi to be rescinded on the ground that they have become reconciled. So, all may not be lost until the decree absolute is granted.

Of course, the path to the decree absolute may not be easy, and it may take a long time. This may be caused by applications for custody, maintenance or division of property. However, other applications may complicate the issues, such as applications for protection orders or injunctions to restrain one party from entering the matrimonial home, the other's place of work or from coming within close proximity of the other.

In some cases, one party to the divorce may not be ready to 'throw in the towel'. In such cases, the divorce may be contested. It is then likely to take longer for a date to be fixed for the hearing and the petitioner may have to prove all the facts set out in the petition, including the fact of separation and that there is no possibility of resuming cohabitation. These situations do not occur frequently.


Kathryn41FemaleCanada2010-01-19 18:34:00
K-1 Fiance(e) Visa Process & ProceduresHonest opinions please :)
When you get married, get an official copy of the marriage certificate that can be given to you or mailed to you when you return home. You can then use the marriage certificate as the documentary evidence to change your name in your passport. I don't know for certain how passports are applied for in England but I would assume they require proof of a name change - the marriage certificate is your proof of a name change. You would then apply for your new passport in your new married name. You will want to do that before you have your CR-1 interview because they will issue your visa in the same name that is in your passport. One word of advice - always purchase your plane tickets in the same name that is in your passport - even if you are married but your passport still shows your maiden name.
Kathryn41FemaleCanada2010-01-21 20:37:00
K-1 Fiance(e) Visa Process & ProceduresHonest opinions please :)
The CR-1 is a spousal visa. You have to be married already in order to apply for it. The advantages are that you enter the US as a permanent resident. You get the green card (proof of permanent residency) shortly after you cross the border. You are eligible to work right away and travel right away. The disadvantages are that you have to be married first before you can start the process and you are living apart until the process is completed which is approximately 1 year.

The K-1 is a fiancee visa. You are not allowed to marry until the process is complete and you need to marry in the US within 90 of entering the US using the K-1 visa. The advantages are you don't need to wait until you are married to start the process so you get to the US faster. The disadvantages are that when you arrive in the US you have to get married within 90 days; you are living apart during the process which can take betweeen 6 months to a year; when you arrive in the US you only have legal status for 90 days. Once you marry you have to apply for permission to remain in the US - getting the green card by applying to adjust status from a non-immigrant fiancee to a permanent resident; permission to work while waiting for the green card (Employment authorization) and permission to leave and return to the US (Advance Parole travel document).

The K-1 is the best route to take if your priority is to be together as soon as you can. You will generally be able to work within 90 days of applying for the green card so your ability to work will be dependent on how fast you get married after arrival and how soon you apply for the green card.

An important consideration for both of these visas is that the US citizen must complete an Affidavit of Support that proves he meets 125% of the poverty level for a household of your size (ie the two of you and any dependent children). So, if money if a concern you should look at this now and make sure he meets this criteria or can arrange for a US citizen who does who will act as a guarantor and co-sponsor for you.

It will sound very confusing right now, but the best thing the two of you can do is to read over the guides about both of these processes and decide which one is the best 'fit' for you and your circumstances. Don't hesitate to ask questions here either.
Kathryn41FemaleCanada2010-01-20 17:27:00
K-1 Fiance(e) Visa Process & ProceduresReligous ceremony
This paragraph from Ontario's Marriage Act may cause some concern if you exchange vows in a religious ceremony . . .

"Marriages solemnized in good faith

31. If the parties to a marriage solemnized in good faith and intended to be in compliance with this Act are not under a legal disqualification to contract such marriage and after such solemnization have lived together and cohabited as a married couple, such marriage shall be deemed a valid marriage, although the person who solemnized the marriage was not authorized to solemnize marriage, and despite the absence of or any irregularity or insufficiency in the publication of banns or the issue of the licence. R.S.O. 1990, c. M.3, s. 31; 2005, c. 5, s. 39 (5)."

http://www.e-laws.go...tes_90m03_e.htm
Kathryn41FemaleCanada2009-03-11 19:39:00
K-1 Fiance(e) Visa Process & ProceduresReligous ceremony
Yes, in Ontario you do need a marriage license or the publication of 'banns', however getting 'married' in front of a religious officiant in Ontario will still open you up to suspicion from USCIS. If it looks like a wedding, it is a wedding. Individuals (here on VJ have been denied their K-1 visas because they had religious ceremonies in their home countries and in the eyes of USCIS that was official, even though in the eyes of their home countries the marriage wasn't official. They had to 'finish' the marriage in their home countries and then apply for spousal visas. The one you need to convince is USCIS.

Here is a useful website for information about getting married in Ontario: http://www.settlemen...?faq_id=4000065

and another: http://74.125.47.132...3...;cd=7&gl=us

Edited by Kathryn41, 11 March 2009 - 07:28 PM.

Kathryn41FemaleCanada2009-03-11 19:24:00
K-1 Fiance(e) Visa Process & ProceduresReligous ceremony
A religious ceremony in Canada is recognized as a legal wedding. You would be negating your K-1 and would have to refile with a spousal visa if you have a religious service.

You can have a 'ceremony' without anyone official officiating - no license, no minister, priest, etc. - for the effect, but you should take very great care that you do not refer to it as a wedding. A promise ceremony and reception where you do everything except have an official of the church participate wouldn't be a legal wedding but could give you the other trappings. Perhaps a family friend or relative could 'officiate' and you could enact out the ceremony for your family. Again, don't refer to it as a wedding and if you have a wedding dress or anything like that, for heavens sake, don't show pictures at the interview! For USCIS if it looks like a wedding, it is a wedding even if it isn't legal - you could open a big can of worms.

Edited by Kathryn41, 11 March 2009 - 05:07 PM.

Kathryn41FemaleCanada2009-03-11 17:04:00
K-1 Fiance(e) Visa Process & ProceduresI Believe Someone May Attempt to Block the Visa
I agree with fozzie - document every episode, every instance where you have a problem with this person. Then, you will have a running commentary that will go back years. Record everytime you have had to change an account or get a new password, every unexplained phonecall, every email. Keep copies. Set up a file where you have everything listed. At the very least if there is ever a question about this person's word vs yours you can document that this individual is obsessed with you and doing whatever they can to interfere with you. It will negate any credibility that individual has.

For the next little while you really would be well advised to keep a very low profile - no facebook, no myspace, no twitter, no nothing. It is only a temporary time while the visa is being processed. While it is difficult when you are used to that level of connection, think of it as flying below the radar. Don't discuss your plans in any details with your friends or your family until it it is over and done with. You could even float some 'false information' if you feel someone is leaking your personal business to this individual - nothing too serious, but along the lines of getting a different job, or not being involved with anyone right now, information that isn't true but that wouldn't matter if found out. You might even be able to track which individual is passing along your personal business.

Good luck with your situation.
Kathryn41FemaleCanada2009-03-13 15:59:00
K-1 Fiance(e) Visa Process & ProceduresMet on the Internet... worried about prejudice
Many of us met online - it isn't a problem. Good luck on your journey.
Kathryn41FemaleCanada2009-03-13 22:01:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Questions
QUOTE (Marty J @ Mar 18 2009, 01:23 AM) <{POST_SNAPBACK}>
QUOTE (sandiegosoleil @ Mar 17 2009, 06:20 AM) <{POST_SNAPBACK}>
1. I am assuming filing for a K-1 results in faster entry to the US vs. a K-3 or IR1/CR1?


K-1 is usually a bit faster, but the K-3 has the advantage that you're a permanent resident as soon as you arrive. You don't have to adjust your status.



This is wrong. A K-3 also has to file to adjust status. It is a CR-1 that is a permanent resident upon activating the visa.
Kathryn41FemaleCanada2009-03-18 10:59:00
K-1 Fiance(e) Visa Process & ProceduresOdd situation....
Ok, you didn't mention the lease or the employment situation in your initial statement. Have her obtain a letter from her employer stating the date he expects her to be back at work and that she is on holidays or unpaid leave or whatever until her return date. Definitely bring a copy of her lease and things like her renter's insurance, utility bills (most recent), etc. addressing how she is covering those expenses (ie. postdated cheques, etc. ) while she is visiting you. If she has a car bring along copy of her ownership proof, or registration or car loan documents or whatever as the vehicle will be remaining in Canada so it shows property left behind. Definitely have her include a copy of all of your immigration paperwork to date as it will provide additional evidence to a questioning border guard that she is aware of and intending to follow the correct procedure. If you have your NOA 1 by that time, include a copy with the package. Make sure she is familiar of what the next stage will be after the NOA2 (processing at the US Consulate in either Montreal or Vancouver depending on where in Canada she lives). It is her job to convince the border authority that she will not be remaining in the US on this trip and the stronger and more numerous financial and property ties she has in Canada and can provide, the more likely it is for the border authority to let her through.

Make sure she tells the truth at the border as well - she is visiting her fiance, not her boyfriend, because even a little 'less than full disclosure' of the relationship can be considered 'misrepresentation' and may come back to bite her. Be prepared to address how she will be returning home at the end of her visit as well and if you can provide evidence (ie. return ticket) all the better. Remember - a Canadian can visit no more than a maximum of 6 months so make sure she doesn't overstay even one day. If she is given a lesser amount of time, make sure she doesn't overstay as that will make future visits a problem. Oh, she will definitely need a passport to enter the US by June 1. Make sure she has one that is valid well beyond the length of time she is visiting because you need it for the K-1 as well.

One more tip: have her pack light and correctly - ie., don't bring winter clothes if you are travelling in the summer. Don't bring so many things that it makes it look like she is planning on staying for a 'long' time. I am sure her Dad would not want to have his big rig turned back at the border to have to bring her and her many belongings back home!

Edited by Kathryn41, 18 March 2009 - 05:15 PM.

Kathryn41FemaleCanada2009-03-18 17:12:00
K-1 Fiance(e) Visa Process & ProceduresOdd situation....
You need to provide them with evidence that she is definitely returning to Canada and not intending to stay in the US. Some of the evidence you suggest will actually raise red flags - copies of your financial information showing you are supporting her. They may well see that as evidence that she is actually moving in to live with you - which it does appear is happening. The problem will be to convince POE authorities that she is only living with you temporarily so you need to have a definite time frame involved - she will be returning on such and such a date. Without having financial responsibilities and ties in Canada - no job, no lease, no bills - she may well find herself denied entry. She is not allowed to 'live' in the US - she can visit only - so you have to focus on what evidence reinforces the temporary nature of her visit. A 'one way' ride doesn't do that.
Kathryn41FemaleCanada2009-03-18 10:53:00
K-1 Fiance(e) Visa Process & ProceduresHelp Please !!!
Duplicate topics merged so all responses go to one thread
Kathryn41FemaleCanada2009-03-24 13:33:00
K-1 Fiance(e) Visa Process & ProceduresCan we have a wedding Ceremony prior to receiving K1 visa??
Why not have a summer 'engagement party' and reception instead, followed by a small legal wedding in the US after you get the K-1? The problem with USCIS is if it looks like a wedding and sounds like a wedding, it is a wedding even if it isn't legal. There have been a number of individuals who have had only a wedding ceremony in their home countries which were not considered legal by their home countries but were considered weddings by USCIS. They had their K-1s denied and then had to do a legal wedding in their home countries and apply for a CR-1 visa instead. Anything that looks in any way official and has any type of officiant involved is playing with fire for fiancee visa purposes.
Kathryn41FemaleCanada2009-03-24 13:39:00
K-1 Fiance(e) Visa Process & Proceduresmarry my american fiance while coming in the US as a tourist
QUOTE (roi_aggie @ Mar 25 2009, 10:29 PM) <{POST_SNAPBACK}>
QUOTE (markordj @ Mar 24 2009, 02:08 AM) <{POST_SNAPBACK}>
I'm a singapore citizen and my fiancee is american. we're both in singapore and want to move to the US. let say i go there as a tourist, get married to her there, have an adjustment of status, and stay in the US. any problems with this?


Great idea! More people should try it! good.gif


Roi Aggie,

You know better than to encourage visa fraud. Please remember we are here to help the querants, not to encourage illegal behaviour that puts them at risk.

Edited by Kathryn41, 25 March 2009 - 10:13 PM.

Kathryn41FemaleCanada2009-03-25 22:13:00
K-1 Fiance(e) Visa Process & ProceduresHELP ME PLEASEE K1/K2
You have a number of options.

One of the first things you can do is to go to the following forums and read the guides at the top of the forums: - K-1 forum; K-3 forum; CR-1 forum and Adjustment of Status forum. Those will help you decide on your best course of action.

So, to begin. . . K-1 is a fiancee visa and you can't be married already to use it. The US citizen starts it by filing a petition to USCIS asking for permission for you, the foreigner, to file for a fiance visa. When that is approved, the file is transferred to the US Consulate overseas - in this case in Mexico and you are sent a package that includes the K-1 visa application. You fill out all the forms, have a medical examination and provide security clearances from the police and send it back to the Consulate. They interview you and hopefully give you the K-1 visa. All this happens with you living outside of the US. You then enter the US within 6 months, get married within 90 days and file to adjust your status to become a permanent resident (get a green card). A K-2 is the same type of visa for your dependent child and goes through exactly the same process.

If you are already legally here in the US and didn't enter with plans to get married here, then you are allowed to get married now and apply from within the US for your green card. Your husband then files an I-130 petition for a spouse and at the same time you file the I-485 application to adjust status to permanent resident and get your green card. The advantage for this is that you don't have to leave the US while you wait for your green card, nor do you need to wait for a visa to allow you to enter the US.

If you leave the US with plans to get married you won't be able to re-enter the US as a visitor, get married and then adjust status. It is only legal if you are already here and didnt plan on getting married. In that case, your husband would file an I-130 application to start the process and then when that is approved you would file for a CR-1 visa. Again, all of that takes place with you outside of the US.

Your best bet is probably getting married while you are already here and filing for your AOS from within the US. You don't need a lawyer to do this if you are willing to do the research yourself and find out how to do it. Many of us here did this on our own. The information you need is here in the VJ forums and on the official USCIS website http://www.uscis.gov. Plan to do a lot of reading so you know what you need to do.

One thing that is unavoidable. Immigration costs a lot of money. Every application has a fee and you have to pay that up front. You need to pay for the security clearances, for the medicals and for the visas. It is not cheap and your husband needs to be making a certain amount of money so he can afford to support you before you can get a visa. If he isn't making 125% of the poverty level then you would need to have a co-sponsor who does make enough money.

Please read the pinned topics at the top of the forum and come here to ask questions. Good luck on your decision.

Edited by Kathryn41, 24 March 2009 - 05:22 PM.

Kathryn41FemaleCanada2009-03-24 17:20:00
K-1 Fiance(e) Visa Process & ProceduresApplying for K1 after cancelling permanent residency application
Are you legally resident in the US right now? If so, you could get married and apply from within the US to adjust your status to a permanent resident. Your husband would file an I-130 concurrently with your I-485 application. You would also file for Employment Authorization and Advance Parole at the same time and should be able to keep working as well as travel/return to the US while waiting for your AOS. Adjustment would be much faster than through employment means. You would have to prove the validity of your marriage at the interview to show that it wasn't just to circumnavigate the delays of the employment based visa.

A K-1 visa is for permission to enter the US from outside of the US for the purpose of getting married within 90 days. If you are already here and had no plans to get married when you last entered the US you can apply to change your status based on marriage to a US citizen It appears that your current status allows for adjustment to permanent resident through employment so you should be eligible to adjust status through family based means as well. If you are in the US already working then consider getting married and adjusting status that way.

If you are outside of the US then yes, you would need some sort of fiance or spousal visa in order to enter the US and adjust status. If you cancel your employment based application then you would have to leave the US at some time in order to activate the K-1 visa.
Kathryn41FemaleCanada2009-03-29 17:47:00
K-1 Fiance(e) Visa Process & Proceduresplease need answer
I believe that the fingerprints they do at the interview are used to verify you are the same person who was fingerprinted at the biometrics, that is, for identification purposes and not that they do additional security checks. Your fingerprints need to match. I suspect if they did not, they would not proceed with the interview.
Kathryn41FemaleCanada2009-04-06 18:59:00
K-1 Fiance(e) Visa Process & Proceduresplease need answer
Security checks are done before the interview.

In most cases, the applicants need to provide a security clearance from their local police, although I don't know if that is the case for Morocco and hope someone from Morocco will answer that.

They check for criminal records and activities so if you have committed some sort of crime and a police record exists, they check for that. They also check for previous immigration activity, such as if you have overstayed a visa or if you have committed another type of immigration related offense (lied to officer, etc.).

One of the reasons a security check can take a long time is to make sure the person isn't being confused with someone else with the same name. They use birth dates, addresses and other types of identification information to make sure they have checked the right person's background, even if they have the same name.

Hopefully, someone who has experience with the Consulate for Morocco can answer the rest of your questions.
Kathryn41FemaleCanada2009-04-06 14:34:00
K-1 Fiance(e) Visa Process & ProceduresCompletely Confused . . . Can K1s work right away?
K-1s now require an EAD to work.

Some land borders from Canada do give a 'work authorization' stamp on the I-94. The I-94 is given when the K-1 visa is activated at the border and is valid for 90 days. There are no airports, however, that do. Canada has pre-screened immigration facilities at the airports in Canada before boarding flights to US destinations, including JFK so Canadians are not able to receive a 'work authorization' stamp at JFK as they have already been through immigration prior to their arrival at the airport. Regulations have also changed so that while K-1s can receive "work authorization' stamps, this authorization is no longer recognized by the documentation employers are required to verify prior to hiring someone.

Applying for an actual Employment Authorization Document as a K-1 is a waste of money. The EAD takes about 90 days to process and has to be based upon the applicant's current immigration status. The I-94 - which documents the K-1s current immigration status - is only valid for 90 days so in many cases the EAD eligibility period has expired even before the EAD is processed.

Once you are married, a K-1 applies to 'adjust status' from a K-1 non-immigrant to an immigrant with an AOS application (I-485). For the same fee, the applicant can also file for an Employment Authorization Document (EAD )- I-765. This will also take about 90 days to process but is recognized by employers as a valid employment document. This EAD is based upon the applicant's new status as 'AOS applicant' rather than as K-1with a valid I-94.

K-1s are technically 'employment authorized' but it isn't so that they can work. It is because some states require a SSN in order to issue a marriage license and it is to ensure that the K-1 is able to obtain a SSN, thus fulfilling the terms of their visa - to marry their US sponsor - within 90 days of their arrival in the US.

I hope this helps to clear the issue up.

Edited by Kathryn41, 14 April 2009 - 03:08 PM.

Kathryn41FemaleCanada2009-04-14 15:05:00
K-1 Fiance(e) Visa Process & Procedureshi
You will start with the I-129f by itself. That is sent by the US partner in the US. Once it is approved, the file is transferred to the Consulate in the foreign partner's country. They will send out a package of information stating what is required. This package will say if they need the I-134 (most common) or the I-864. Best to wait and see what information you receive from the US Consulate as that will be the most complete and accurate.

The I-864 will be required after the K-1 is used and the two of you are married. The foreign spouse then needs to apply to adjust their status (AOS) from a non-immigrant fiancee to a Permanent Resident. The US partner has to include the I-864 with the AOS application.
Kathryn41FemaleCanada2009-04-25 22:13:00