ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresHe is 65 and She is 23
After review, this topic will remain closed for TOS violations.
Kathryn41FemaleCanada2009-06-30 15:25:00
K-1 Fiance(e) Visa Process & ProceduresHe is 65 and She is 23
Thread closed for review
Kathryn41FemaleCanada2009-06-30 15:08:00
K-1 Fiance(e) Visa Process & ProceduresHelp from Congressman
moved from the K-1 case processing and report forum to the more appropriate forum
Kathryn41FemaleCanada2009-07-01 19:10:00
K-1 Fiance(e) Visa Process & ProceduresChina Time line
Moved from K-1 Case Filing and Progress Reports to more appropriate forum
Kathryn41FemaleCanada2009-07-01 19:12:00
K-1 Fiance(e) Visa Process & ProceduresWhats the hardest part
Yes, the waiting apart with no news and no means to access what is going on.
Kathryn41FemaleCanada2009-06-29 15:55:00
K-1 Fiance(e) Visa Process & ProceduresWhen to file I-131 during K-1 visa process?
AP (I-131) is not part of the K-1 process. It is part of the AOS (Adjustment of Status) process. After your fiancee has received the K-1, entered the US and you have got married, she needs to apply for AOS which is basically permission for her to remain in the US as a permanent resident. While the AOS application is being adjudicated she is allowed to use an AP (Advance Parole) to travel outside of the States and return, and to use an EAD (Employment Authorization Document) to work. Both of these are tied to the AOS application. So the earliest she would be able to apply for an AP is with the AOS application after marriage.

Edited by Kathryn41, 01 July 2009 - 10:59 PM.

Kathryn41FemaleCanada2009-07-01 22:58:00
K-1 Fiance(e) Visa Process & ProceduresDates for Prior Canadian Common-Law Marriage
Actually, Trailmix's advice is excellent.
Kathryn41FemaleCanada2009-07-03 18:17:00
K-1 Fiance(e) Visa Process & ProceduresDates for Prior Canadian Common-Law Marriage
The official definition for a common law marriage in Canada varies - for tax purposes it is after one year of living together or the date of a child being born together while you are co-habiting - which ever is earliest. http://www.cra-arc.g...f/mrtl-eng.html

Then, it also varies by Province so you need to check and see what the definition of common law marriage is in the Marriage Act for your Province - for example, in Ontario I believe it is living together for at least 3 years establishes a common law marriage.
Kathryn41FemaleCanada2009-07-03 17:15:00
K-1 Fiance(e) Visa Process & Procedureshmm what if.... we let the date to get married pass by?
Thread closed at the OP's request - and one insulting and unnecessary post removed.

Edited by Kathryn41, 04 July 2009 - 12:30 PM.

Kathryn41FemaleCanada2009-07-04 12:27:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about Insurance
You may wish to investigate obtaining private insurance. Without insurance if she became pregnant you would have to pay for the expenses out of pocket.
Kathryn41FemaleCanada2009-07-04 19:11:00
K-1 Fiance(e) Visa Process & ProceduresPurchasing Ticket @ Cairo Airport
He should have received an envelope that says do not open plus his passport with the visa. The K-1 visa needs to be inside his passport. The visa should not be inside the envelope as that should not be opened, but he needs to have the visa to board the plane and enter the US. If the visa is not inside his passport he needs to go back to the consulate and have them put it in his passport. It should not be inside the envelope. The envelope contains his complete immigration file that he will carry to the US and deliver at the POE. There should be nothing inside of it that he needs. He does need the K-1 in his passport just to board the plane to the US if nothing else.

Edited by Kathryn41, 05 July 2009 - 09:09 PM.

Kathryn41FemaleCanada2009-07-05 21:04:00
K-1 Fiance(e) Visa Process & ProceduresWhy are approvals so out of order?
duplicate post removed
Kathryn41FemaleCanada2009-07-06 18:44:00
K-1 Fiance(e) Visa Process & Proceduresfiance visa
moved to the appropriate K-1 forum

Edited by Kathryn41, 11 July 2009 - 01:35 PM.

Kathryn41FemaleCanada2009-07-11 13:34:00
K-1 Fiance(e) Visa Process & ProceduresAlien Number
moved to more appropriate K-1 forum
Kathryn41FemaleCanada2009-07-11 13:53:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa lawyer?
moved to K-1 forum from K-3 forum
Kathryn41FemaleCanada2009-07-14 16:44:00
K-1 Fiance(e) Visa Process & ProceduresK1 for only 1 month in US?
Part of the K-1 application includes submitting letters from both of you stating that you are free to marry and intend to get married within the 90 days authorized upon entry. You would first have to submit a petition to USCIS requesting permission for her to apply proving you are a US citizen and including a $455 fee. Once that is approved she would deal with the US Consulate in VietNam. She would apply for a K-1 visa, need to have an immigration medical examination done, obtain additional vaccinations that she may not wish to get (ie, Gardisil), have police security checks done, provide proof of your - not hers, but your - employment, bank statements, income tax returns, etc. to show you make more than 125% of the poverty level and that you are willing to be financially responsible for her for approximately 10 years, and pay the visa fee ($131). She would have to attend an interview where she would be questioned about her intentions to get married, about how well she knows you, and to see if this is a bona fide relationship or a means to enter the US under false pretenses. Lying to immigration officials anywhere along the way is considered misrepresentation and results in a lifetime ban from ever entering the US. K-1 visas are a serious business, and are not meant to be a 'dating' visa.

Since you are both living in Viet Nam, your best bet is to try to obtain a visitor's visa showing all of the ties she has to Viet Nam so that they are reassured she will return. If you are a couple and she is expecting to travel with you and you are resident in Viet Nam, have her also bring proof of your ties to Vietnam - letters from employers, proof of lease, property ownership, etc. It may (or may not) help.

Good luck.

Edited by Kathryn41, 19 July 2009 - 11:24 AM.

Kathryn41FemaleCanada2009-07-19 11:22:00
K-1 Fiance(e) Visa Process & Proceduresfiancee us coming for a visit
I used to drive across the border to the airport to fly down and visit my now husband. I was sent into secondary twice. I carried my packet of information that included proof of employment, ongoing financial responsibilities (hydro bills, phone bills, vet bills, etc.), copy of my insurance for the apartment (I had no lease) and the car, copy of health insurance submissions that I was waiting for reimbursement, copies of bank statements, copy of my most recent income tax, and a full copy of the I-129f submission plus the NOAs. I always had my flight itinerary and return ticket information as well. In each case when they got to the I-129f submission, they looked it over carefully, then closed up the file, handed everything back to me and allowed me to continue on my way. So, yes, carrying proof that you have initiated the proper process for immigrating goes a long way to reassuring the border authorities. The more she has to prove her ties to Canada the easier it will be for them to allow her to enter. Good luck - and enjoy your visit.
Kathryn41FemaleCanada2009-07-20 14:57:00
K-1 Fiance(e) Visa Process & ProceduresAdvice needed: US Citizen marrying a Canadian
Congratulations on your engagement.

A K-1 is probably your best bet. It is the fastest way to get together legally, although unfortunately it will be somewhat drawn out just by the necessity of the processing. Your time frame of 3 to 4 months is not realistic - you are probably looking at closer to 8 or 9 months, although one of the Canadians who has gone through the K-1 processing more recently will be able to give you more accurate timing. Part of the 'delay' is just waiting for an interview date at the Consulate which in itself takes several months.

As Madame Cleo mentioned, coming to the US as a visitor and then marrying and applying to adjust status from within the US isn't just 'technically not allowed' - it is outright illegal, and if caught will result in a lifetime ban from re-entering the US. It is called visa fraud and taken very seriously by USCIS. Does it happen? Yes, and some do get away with it. It is still illegal, however, and I know I would never want to risk my future happiness with my loved one by pursuing such a course of action. It is far better to wait the extra few months knowing they will lead to a lifetime of married happiness.

If you have done your own immigration paperwork up until now you should be able to handle the Fiancee visa process without too much difficulty. The guides above provide a lot of useful information. Basically, you start the process by submitting an I-129f petition to the appropriate USCIS service center basically requesting permission for your fiancee to apply for a fiancee visa. Once approved, the processing is transferred to either the Montreal or the Vancouver US Consulates (depending where she lives in Canada). They will notify her that there is a approved petition for her and advise her of what she needs to do for her part of the process. She will need to have an immigration medical by a panel physician, get Canada Wide security checks, obtain certain documents which she probably already has (passport, birth certificate, etc.), provide an affidavit of support from you, and attend an interview at the appropriate Consulate. Upon approval, she has 6 months to use the K-1 visa and then you have to marry within 90 days.

Edited by Kathryn41, 19 July 2009 - 01:30 PM.

Kathryn41FemaleCanada2009-07-19 13:28:00
K-1 Fiance(e) Visa Process & ProceduresK1 vs. Direct Consular Filing?
You have to be married and legally resident in the foreign country to file for a DCF. Unfortunately, the fastest route for a foreign partner to get to the US is a K-1 visa. I know it isn't what you want to hear but you are going to have to wait through the processing. None of us wants/wanted to be apart from our loved one but the reality of the situation is that there is a time that you need to wait for the processing.
Kathryn41FemaleCanada2009-07-22 15:23:00
K-1 Fiance(e) Visa Process & Proceduresaffidavit regarding sincere relationship
This topic has gone off course and become a harangue against lawyers based on supposition of the circumstances. The OP stated he had only a few hours in which to receive the answer and that was yesterday. Rather than allow this thread to disintegrate further I am closing it.

Edited by Kathryn41, 26 July 2009 - 10:10 PM.

Kathryn41FemaleCanada2009-07-26 22:08:00
K-1 Fiance(e) Visa Process & ProceduresI'm confused! yet AGAIN! LOL
Your fiance will require your original birth certificate and any divorce documents for the interview. They do not get left with Consulate staff but they have the right to demand to see the originals of any copy submitted. Not having them could result in an RFE. I know my then fiancee was very reluctant to let his birth certificate and divorce documents out of his possession - but I was required to show them at the interview.

Edited by Kathryn41, 26 July 2009 - 05:14 PM.

Kathryn41FemaleCanada2009-07-26 17:11:00
K-1 Fiance(e) Visa Process & ProceduresWhich Route to take? (K1, K3, DCF)
Wow, that is a lot of geography the two of you cover smile.gif. Where do the two of you intend to live? That may help in making a decision.

If the two of you plan to continue to live overseas there is no reason to file for any visa at this time. Your fiancee is allowed to get married in the US without a visa as long as she is not intending to stay in the US and apply to adjust status. Whether the border authorities will allow her to enter, is another matter and one you will need to consider. Then, once married and living together overseas you will probably be able to use the DCF option when you wish to return to the US. Whether or not you can pursue that route will depend on what country you are living in at the time and whether the US Consulate there does DCFs.

If you plan to live in the US you have two options. The first is to file for a K-1 visa for her. That would be processed in Vietnam where she is living (if I am wrong about this someone will let me know). Once it is approved she would then enter the US and you would have to get married within 90 days, then file to adjust her status (AOS) for permission to stay in the US and get a green card.

The second option is for her to enter the US as a visitor, get married, then leave the US while you file for an IR-1/CR-1 visa (spousal visa) for her. This too would be processed in the country in which she is living and once granted she would be able to enter the US and would get her green card upon entry. K-3s are kind of a mixture between the two above visas but again she would not be allowed to stay in the US after getting married and you can't apply for it until after you are married. The processing would also take place in the country where she is living.

All that being said, the K-1 visa is probably the fastest route for the two of you to end up married and living in the US. It also has the least paperwork - although you will have more paperwork afterwards that needs to be done. You should read over the guides for the K-1visa because there are restrictions on travel and work until after she files for AOS and includes special applications for permission to travel and to work. As well, for all of these visas you will be required to sponsor your fiance/wife financially and that will include US based income that meets a specific threshold.

One word of caution - it is illegal to enter the US on a visitor's visa with the intention of getting married and remaining in the US to adjust status and get a greencard. It is considered visa fraud and carries very serious consequences (just so you don't start thinking that is a viable option smile.gif ).

Edited by Kathryn41, 28 July 2009 - 05:07 PM.

Kathryn41FemaleCanada2009-07-28 17:03:00
K-1 Fiance(e) Visa Process & ProceduresVisa Approval Question (fiancee background)
insulting comments are totally unnecessary and out of line. If you have nothing useful to add to the conversation then do not say anything. If you have something useful to say, do not say it in a rude and insulting manner. Off topic types of comments here will not be tolerated.

Edited by Kathryn41, 30 July 2009 - 02:11 PM.

Kathryn41FemaleCanada2009-07-30 14:06:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS Service Centers
spam removed
Kathryn41FemaleCanada2009-07-30 21:09:00
K-1 Fiance(e) Visa Process & ProceduresNotification
duplicate posts merged and extra copies deleted
Kathryn41FemaleCanada2009-07-30 08:22:00
K-1 Fiance(e) Visa Process & ProceduresHelp
spam removed
Kathryn41FemaleCanada2009-07-30 20:55:00
K-1 Fiance(e) Visa Process & ProceduresG-325a Form
spam removed
Kathryn41FemaleCanada2009-07-30 20:54:00
K-1 Fiance(e) Visa Process & ProceduresI129F Current Status: Approval notice sent.
spam removed
Kathryn41FemaleCanada2009-07-30 20:56:00
K-1 Fiance(e) Visa Process & ProceduresK1 is almost impoosible now???
Just a reminder, while we can express opinions based upon our own experiences until we know more details about the OP's particular situation it may not be right to say a lawyer is not useful. For the run of the mill K-1 application, yes, the majority of VJers are more than capable of doing all of the work themselves and saving themselves expensive lawyers fees in the process. If, however, the OP is dealing with issues above and beyond the normal or have circumstances that make their application problematic, a consultation with a knowledgeable, competent immigration lawyer is often of use and recommended. It might be a good idea to keep in mind that we don't know all of the details of the OPs circumstances and restrict our comments to our own personal experiences.
Kathryn41FemaleCanada2009-08-01 18:05:00
K-1 Fiance(e) Visa Process & ProceduresKI VISA FOR FIANCE-- still waiting for approval since 5 months
moved from the "Major Changes" forum to the more appropriate K-1 forum
Kathryn41FemaleCanada2009-07-20 15:20:00
K-1 Fiance(e) Visa Process & Procedures[K1]How long do I have to stay in the USA ?
Just in case it wasn't clear you don't get a conditional green card when you marry a US citizen. You have to apply for the green card by filing an application known as Adjustment of Status (AOS -form I-485) after you get married. The K-1 is permission for you to enter the US with the intention of getting married to a US citizen and requesting permission to remain in the US. The AOS is the request for permission to remain in the US as an Immigrant. It doesn't automatically happen, and you have too include proof of your marriage with the application and possibly attend an interview. If you have not filed the I-485 before your 90 days from the K-1 entry are up, you are officially out of status and deportable.

As well, you don't automatically get your 10 year card after your 2 year card expires - you have to apply for it as well and provide lots of evidence that proves you have a valid marriage, and possibly attend another interview.

When you arrive on the K-1 you cannot leave and return to the US until you have either the greencard or what is known as an Advance Parole. You apply for the Advance Parole (AP) at the same time as you apply for your green card. It usually comes in about 3 months - which is faster than the green card.
You really do need to make a decision about what country you want to live and work in. If you decide to leave the US to live elsewhere, then you would have to start the whole immigration process all over again from step one - with a spousal visa this time- before you would be allowed back in if you ever wanted to live in the US again later.
Kathryn41FemaleCanada2009-08-03 13:12:00
K-1 Fiance(e) Visa Process & Proceduresmedical blanket waiver?!?!
That isn't necessarily true. I had a blanket waiver as well because I had had all of the vaccines that were medically appropriate or had in some instances, had the illness the vaccines prevented. I submitted just the worksheet with my AOS - did not submit the nedical transcription to the Vaccination form - and was approved without an RFE or any further requirement.

If a vaccine is not medically appropriate, you do not need to have it. If a vaccine is not age appropriate, you do not need to have it. A waiver means that you are waived from the need to have the vaccination. A blanket waiver means that you may have already met the necessary vaccination requirements suitable for your situation and do not need to do further vaccination. In many cases your AOS paperwork may be required even before you are able to complete a vaccination sequence. Experience from others on VJ seems to show that it is often enough to have started the sequence and not necessarily completed it to be sufficient for AOS purposes.

Regardless, if the medical you had overseas is less than a year old when you apply for AOS you DO NOT need to redo the medical. At the very most you will just need to have the appropriate additional vaccinations done and the information about the vaccinations transferred from the worksheet - or your own original records upon which the worksheet was based - to the medical form by a civil surgeon.
Kathryn41FemaleCanada2009-08-03 18:55:00
K-1 Fiance(e) Visa Process & ProceduresMarriage Info Before the Visa
Yes, it would mess up the K-1 significantly. The K-1 is for a fiancee. If you get married - and it appears both the civil and religious ceremonies count as a legal marriage in Ecuador you are no longer able to use a fiancee visa. She would no longer be a fiancee - she would be a spouse. In fact, if you had a marriage ceremony and attempted to use a fiancee visa it would be considered visa fraud and lead to a ban on entry to the US. You would have to start the immigration process all over again from the beginning with a CR-1 visa (spousal visa).

You can have an affirmation ceremony or an engagement ceremony before hand but you cannot have any type of a ceremony that looks like or is a marriage or wedding ceremony. You cannot have a priest or religious officiant perform the service as that would make it a wedding and would invalidate the K-1 visa.

You have several options. You can forego the K-1 visa, get married in Ecuador, and then apply for a CR-1 visa. You can keep on with the K-1 visa and have no ceremony before she arrives in the US, then have a civil ceremony in the US and when she is eligible to travel out of the US (after you apply for the AOS - green card - and she receives either the green card or the AP - advance parole) go back to Ecuador for a religious ceremony with her family.

Edited by Kathryn41, 05 August 2009 - 04:15 PM.

Kathryn41FemaleCanada2009-08-05 16:13:00
K-1 Fiance(e) Visa Process & ProceduresCanada to USA HELP!
One thing you do need to consider - whatever options you pursue (fiancee visa or spousal visas) - your US partner does need to provide an Affidavit of Support which is proof that she is able to financially support you for a specified period of time. If she has a daughter, then adding you to the household would mean that she needs to have enough money to meet 125% of the poverty level for a household of three. If she doesn't make enough, she is allowed to find a co-sponsor - someone who does make enough money and agrees to become co-responsible for ensuring you do not become a public burden. This is not something specific for your situation, by the way, it applies to every single person who wants to immigrate to the US through marriage to a US citizen.

You can find some good information in the guides at the top of the K-1 forum, and also the CR-1 forum also here on VJ. Good luck.
Kathryn41FemaleCanada2009-08-06 20:18:00
K-1 Fiance(e) Visa Process & Proceduresinterview
moved from AOS forum to K-1 forum
Kathryn41FemaleCanada2009-08-07 16:48:00
K-1 Fiance(e) Visa Process & ProceduresI don't even know where to start
A caution first, you need to be worried about any lengthy stays out of the US prior to getting your citizenship as this will have an impact on when you are eligible to get citizenship. You don't want to lose out on getting your citizenship in March by being out of the country several months prior to that and messing up the residency requirements. My answers to your questions are in colour below:



Do I to send a birth certificate? and is it okay if it is not American? You need to send proof of your American citizenship for a K-1 or K-3 petition or PR status for a CR-1 petition. They want to know on what grounds you are eligible to file the petition.

Will there be any problems if my fiance is a Croatian citizen as well as a Serbian citizen (I know that later if he wants American citizenship he will have to remove one of the previous)? No. There won't be a problem. He will be required to list his 'last' given citizenship if he is a citizen of more than one country. The United States technically doesn't recognize dual or triple citizenship - if he is a US citizen then that is all that they count - but they can't take away any of his other citizenships: that can only be down by the country that gave the citizenship. If either Serbia or Croatia do not recognize dual citizenships (which doesn't sound likely from the information you have given), then he may lose one of those when he accepts another citizenship. It is not through any action the US takes, however.

Which is a better and faster way for us to start in order to get him here? Should we go through the fiance visa or the marriage one? The fastest way likely is for you to get your US citizenship and then to sponsor him for a K-1 visa. Another option, however, is to get married even before you have your citizenship and file for a CR-1 visa as a PR. The waiting period is quite long, but once you get your citizenship you then ask then to update their records by enclosing proof of your citizenship and they will then move the application into a category in which visas are currently available. It probably will take longer than the K-1 visa, though.

Also I am 100% sure that i will need a cosponsor? What is the procedure for that? There is an affidavit of support that needs to be filled out by the sponsor (you ) and co-sponsor. Different ones are used by different consulates at different stages of the process. Basically the co-sponsor needs to make at least 125% of the poverty level for their household plus the sponsored immigrant. They need to submit proof of their ability to do so which includes bank records and tax records.

Can I do everything from Serbia? Because I've been thinking of getting married over there and just staying there till all the papers are done and he can come here? Yes, although you really need to be careful about when you go - you want to have your US citizenship in hand first so you don't jeopardize your own status in the US. You will need to keep a residence or an address in the US because the first part of the process is done in the US and you need to be able to respond to mail. The second part of the process moves to the US Consulate overseas and ends with an interview at the consulate.

If we decide to do the fiance visa can I be overseas with him while waiting for it? Again, you need to have an address in the US where you can receive mail and respond to any inquiries before the file is transferred overseas.

Edited by Kathryn41, 07 August 2009 - 10:40 PM.

Kathryn41FemaleCanada2009-08-07 22:36:00
K-1 Fiance(e) Visa Process & ProceduresPacket 3 confusion
She will need the originals for the interview. If you want to hold on to the originals, then you will should probably consider flying over there to bring them to her for the interview and then flying them back home. I know it is tough to let the originals out of your possession - my now husband had difficulties with that too. It isn't so much not trusting your partner as not trusting the courier or mail system with these precious documents. Still, she will need to have the originals of any documents you submitted with the petition and the Affidavit of Support needs to have original documents so the Consular officials can verify they are not forgeries. Make and keep copies of everything you do send to your fiancee and make sure she has copies of everything you have submitted already. Send them by the most secure means you know regardless of the cost.

Oh, you don't send your passport - send your birth certificate - as proof of your US citizenship.

Edited by Kathryn41, 08 August 2009 - 10:56 AM.

Kathryn41FemaleCanada2009-08-08 10:54:00
K-1 Fiance(e) Visa Process & ProceduresGeneral question concerning Place of Entry
Ah, that is a great idea.
Kathryn41FemaleCanada2009-08-08 22:38:00
K-1 Fiance(e) Visa Process & ProceduresI-130
Would you please provide more information? What are you trying to do? Bring a fiancee to the US? Bring a wife to the US? Bring a family member to the US? Keep a wife who is already in the US here? Keep a family member who is already in the US here? The I-130 has a lot of purposes, but a fiancee visa -K-1 visa - isn't one of them.
Kathryn41FemaleCanada2009-08-09 11:07:00
K-1 Fiance(e) Visa Process & ProceduresWedding Arrangements
We just got married in a small ceremony in the historic gardens of an historical site - including the judge who married us there were 7 of us present. It is the getting married that is important, not the ceremony. USCIS actually understands and has no problems with that.
Kathryn41FemaleCanada2009-08-04 22:46:00