ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresFinancial Question
No, you do not have to provide any proof of income or financial resources. Your fiance does. In the package of information you will eventually receive from the US Consulate in your country (there are some variations for different countries, however) there will be a form referred to as an Affidavit of Support (form I-134). Your fiance fills this out and provides you with supporting documents to show that he makes enough money to prevent you being a public charge that you then take with you to the Consulate for your interview. After you get married, there is a different affidavit of support form that he will fill out that will include updated information about his ability to support you. The DS-2000 refers to your fiance's ability to prevent you being a public charge, not yours. He will need to show that he makes at least 125% of the annual poverty levels for a household including you and him, and if either of you have children also living with you, including them as well. Hopes that helps quell your concerns! You may wish to look at the Regional Forums as well for citizens from your country - they will have specific information for the Consulate you would be dealing with.

btw - Welcome to VJ:-).

Edited by Kathryn41, 22 June 2008 - 04:51 PM.

Kathryn41FemaleCanada2008-06-22 16:49:00
K-1 Fiance(e) Visa Process & ProceduresSupplemental employment history G 325a??
I added a supplemental page too. They want to see no gaps so you do need to include the times of unemployment as well.
Kathryn41FemaleCanada2008-06-22 16:35:00
K-1 Fiance(e) Visa Process & ProceduresShould I apply for a K1 for my Mexican Fiance
If the person has been without status for 180 days or less, there is no ban. If it is between 6 months and 1 year, then there is a three year ban. If it is more than 1 year, then it is a 10 year ban. Your original post said that you met him 3 years ago - 2 months before his visa expired, so that sounds like he has been out of status for 2 years and 10 months. Subtract the 3 months that he has been in Mexico since he left and it is still 2 years and 7 months that he was in the US without legal status. The 10 year ban kicks in at being 1 year out of status. The ban is not for the same amount of time for which he was in the US illegally.

If he had to be in Mexico to complete the divorce then you really didn't have any other option. Whatever you do, don't lie to US immigration about the overstay and hope they won't find out. It would be much, much worse. It sounds like you have a knowledgeable lawyer available to you. Talk to him about the waiver. Good luck.

Edited by Kathryn41, 29 June 2008 - 04:59 PM.

Kathryn41FemaleCanada2008-06-29 16:58:00
K-1 Fiance(e) Visa Process & ProceduresShould I apply for a K1 for my Mexican Fiance
Your Mexican lawyer has given you good and accurate advice. You can apply for a K-1 and at the interview stage it will be denied because of the overstay. At that time you can apply for a waiver (read the guides here at the top of the waiver forum), or he can wait out his automatic 10 year ban and the two of you live in Mexico.

How will they know? Because you never, never, never lie to USCIS. Where the application requests address and employment, you fill them out honestly. When they ask where you met, you tell them that you met in the US. During the interview which is necessary they will ask him questions about the details of your relationship. How will you keep your stories straight? Seriously, there are so many traps waiting for you if you or he lie about the details of your meeting and living and working in the US that the lies will be discovered by USCIS. They are experts at ferreting out such details. They have had years of experiencing at doing just that - and they start out suspicious of every relationship to begin with!

Now, the biggest reason not to lie and deny being in the US? Right now, he faces a 10 year ban that is waiverable. If he lies or misrepresents himself to USCIS, he receives a lifetime ban from ever entering the US legally ever again - and it will probably not be waiverable. So, listen to your attorney. You may wish to retain his services since he has given you the right information even if it was something you didn't want to hear.

You know the really ironic part of this? If he hadn't left the US 3 months ago and you two had got married, he would have been allowed to file for permanent residency from within the US, and his out of status overstay would have been forgiven when it was approved.

Good luck to you. Do read the guides at the top of this forum, and check out the section on waivers. http://www.visajourn...p?showforum=113

You may also wish to visit the regional forum that discusses Mexican citizens and their US partners.
http://www.visajourn...hp?showforum=96

Edited by Kathryn41, 29 June 2008 - 02:26 PM.

Kathryn41FemaleCanada2008-06-29 14:22:00
K-1 Fiance(e) Visa Process & ProceduresTravelling to the U.S. for a holiday whilst application pending?
Also, for clarification, you don't have a permanent residency application pending. A K-1 application - fiance/e visa is a "NON-immigrant visa". Even the K-3 'Spousal" visa is a non-immigrant visa. All the K-1 does is allow you admissions to the US to get married within 90 days. If you don't get married, then back you do - the visa cannot be extended and it cannot be changed. Once you fulfill the purpose of the visa - to arrive and get married within 90 days - you then have permission to request an 'Adjustment of Status" (AOS) from non-immigrant to immigrant. When you submit the AOS, then you will have a request for permanent residency pending:-).

Having your return ticket and the return car rental will be good. Add to it proof from home to show you still have ongoing commitments that you intend to fulfill - going back to work (a letter from employer), rent or mortgage payments due, utility bills due, homeowner's or vehicle insurance valid for several months after your stated return, car payments, ie.

Enjoy your holiday!
Kathryn41FemaleCanada2008-06-30 10:37:00
K-1 Fiance(e) Visa Process & ProceduresTo have an attorney or not to have an attorney
Another thing to consider . . . you still have to do all of the gathering of the information, pulling together the necessary documents and making sure the lawyer has what she needs - which is in fact about 80% of the work for the Visa anyway. The I-129f petition - the first part of the process - is the major part of your responsibility and it is done first. The second part of the process - the K-1 part - is done overseas and is your fiance's part of the process. Your involvement with that will be preparing an affidavit of support that includes copies of your taxes, a letter from your bank about your finances, a letter from your employer, and other supporting documentation and sending that to him along with a letter of your intention to marry him. You are the only one who can really gather that information. A lawyer just puts it together, fills out the form - which is quick and easy - tells you what else you need to get if you missed something - and mails it off to your fiance - all things that you could do much more easily.

If time is of the essence, involve your fiance in the process. My now husband and I filled out the forms together, and I gave him the list of things he had to obtain to submit the I-129f, and basically took over the management of the visa process for us. Maybe your fiance can become familiar with what is required and the two of you together can work on the application rather than using the lawyer. You and your fiance will still do the lion's share of the work even with a lawyer, and you can use this as another opportunity to work together on a joint project.

Good luck, whatever you decide.
Kathryn41FemaleCanada2008-06-29 14:07:00
K-1 Fiance(e) Visa Process & ProceduresScary Proposition ....
I would be very, very, careful with this. There are a number of red flags - work visas are not easy to come by and certainly take more than 1 -2 months, (although if someone has received permission for H2B workers it is possible). There are a limited number available each year and the cap has been met for this year already. Some very well qualified professionals wait for a long time to get an available work visa. Most work visas are to fill jobs for which there are no Americans available to fill, and while there are lots of nails and hair salons, there certainly doesn't seem to be a scarcity of available Americans to work there either. The sponsoring employer must submit evidence to show that they can't find anyone in the US to do the job due to special skills required or the unique qualification of the applicants. The concern that I have is that there are 'recruiters' who promise work visas to young women from foreign countries but when they arrive they don't get a work visa and are put to work in less than savory circumstances - with the constant threat that they are illegal and will be arrested if they are caught. If the work visa is legitimate and is in the H-2B category, the applicant must convince Immigration that will only remain in the US temporarily and will leave when the work visa ends. Then, there is also the concern stated above about a 'sponsored' employee being given a huge debt upon arrival and not being able to work it off.

You might want to review this document - it is the advise given to employers who want to hire foreign workers - you will see that it isn't so easy as hiring nail technicians in Vietnam to work in nail salons in the US. http://www.uscis.gov.../E1_english.pdf

and here: http://www.uscis.gov...00045f3d6a1RCRD
and:
http://www.uscis.gov...00045f3d6a1RCRD
Kathryn41FemaleCanada2008-07-03 22:01:00
K-1 Fiance(e) Visa Process & ProceduresWorried about new visa request.
I agree that you should notify the Consulate about not continuing with the visa process with this individual. I do think, however, that you can reasonable expect some legitimate questions about meeting up and getting involved with another American so soon when/if you pursue another fiancee visa. That is not to worry you, just prepare you so that you can explain your circumstances clearly and show that this is a legitimate relationship. Be prepared and you should be fine. Good luck.
Kathryn41FemaleCanada2008-07-03 22:06:00
K-1 Fiance(e) Visa Process & ProceduresNeed Help Plz with K-1.. Got a situation unsure of.
For those of us who don't understand what an Orfi is, I looked it up. It is similar to a common law marriage between an Egyptian man and a non-Egyptiain/non-Muslim woman. that is not considered in any way, shape or form a legal marraige. It does, apparently, it offers a type of protection for a woman to be alone in a man's company as he is viewed as being in the place of her husband. It is not legal and it is not recognized as being a legal marriage - by Egypt or by the US. Here is a useful link with information and opinions from a variety of sources: http://members.cox.n...sa/marriage.htm

Jolie, I have no experience in any of this but from what I read it seems to me that US Consulate in Egypt MUST be aware of Orfi relationships, and by the standards US requires for foreigners to be eligible to get married under the laws of their own country as well as to be married legally in that country, I can't see how they would recognize an Orfi relationship as a marriage. It would, indeed, indicate a serious commitment to each other and would be viewed along the lines of living with each other but not married. You should be fully eligible for a K-1 and I really can't see that you would run into any difficulties because of the Orfi. I think mentioning it would be of benefit to your application. Besides, you do need to be honest at all times with the Consulate and hiding something like this could be considered a type of misrepresentation, so yes, do mention the orfi.

Good luck. You may also want to ask this question in the Middle East forum as there will be more people there who are familiar with this situation.

Edited by Kathryn41, 04 July 2008 - 09:38 AM.

Kathryn41FemaleCanada2008-07-04 09:34:00
K-1 Fiance(e) Visa Process & Proceduresproof of having met in person in the past two years for K1 visa application?
Yes, that should be enough. Canadian/American couples are fortunate in that we don't need to provide a huge amount of evidence that we met - a minimal amount to establish that you were in the same place at the same time along with a photograph of you together is usually sufficient. We just included boarding passes and flight itinerary of his trip up to see me the first time and my trip down to see him the second time - the first flight schedule showed him flying into Detroit which is where I picked him up - it was the closest airport to where I lived with direct flights. The second showed me flying into Atlanta.

Don't overthink this:-). You can collect the other evidence that you have and provide it to him as copies to bring to the interview showing the ongoing relationship, however, he probably won't need it then either:-).

Good luck.

Edited by Kathryn41, 04 July 2008 - 09:46 AM.

Kathryn41FemaleCanada2008-07-04 09:45:00
K-1 Fiance(e) Visa Process & Proceduressupport affadativ form
Yes, if you are applying for a K-1 in Canada, you would use the I-134 form. When you get to the US and are filing to adjust status to a permanent resident, then you will use the I-864 form. To add to Karen's post, since there are things related to the I-134 that your fiance needs to send to you, looking at the form before her visit is a great idea. She can start pulling together the items specified (tax returns, bank letter, employment letter, etc.) and bring them with her when she visits. The first part of the process - the I-129f part - is handled by the US citizen in the States; the second part of the process - the K-1 part - is handled by the foreign spouse through the appropriate US consulate in their country. (For Canada, if you live in Ontario or east, the Consulate is in Montreal; if you live in Manitoba or west, the Consulate is in Vancouver - those are the only two doing K-1s).

Edited by Kathryn41, 30 June 2008 - 10:47 AM.

Kathryn41FemaleCanada2008-06-30 10:46:00
K-1 Fiance(e) Visa Process & Proceduressupport affadativ form
Both forms are Affidavits of Support. The I-864 is legally enforceable so is required as part of the Adjustment of Status application. Some foreign Consulates request it as well, although the majority request the I-134, which is not legally binding, but does indicate the applicant's ability to support a family member. Which one you will be required to submit will depend on what type of immigration benefit or visa you are requesting and from where. Which one is required will be specified in any instructions you receive from a foreign Consulate, or will be listed in the instructions for other types of immigration applications (ie. I-485 AOS).
Kathryn41FemaleCanada2008-06-29 20:46:00
K-1 Fiance(e) Visa Process & ProceduresG-325aA
Retail should be fine. I put the month in words as well as I wanted to make sure there was no confusion regarding the different ways the US and the rest of the world do dates (dd/mm/yy vs mm/dd/yy).
Kathryn41FemaleCanada2008-07-09 18:13:00
K-1 Fiance(e) Visa Process & Procedureswhat about that ?
Will her widow's pension continue if she gets remarried?
Kathryn41FemaleCanada2008-07-10 21:03:00
K-1 Fiance(e) Visa Process & ProceduresK1 - timelines - Do they vary by country?
Just as an added consideration - not all files get 'touched' when they are handled and there are cases where someone's file is reading a last touched date of months before with the same previous message - and they have already received their approval. So, consider it a useful - but not always accurate - tool for monitoring the progress of your case.

Edited by Kathryn41, 13 July 2008 - 11:57 AM.

Kathryn41FemaleCanada2008-07-13 11:57:00
K-1 Fiance(e) Visa Process & ProceduresMoving to the US while waiting for NOU2
Your fiance is not allowed to move to the US and live with you before he has received his visa. His belongings are not allowed to come into the States until he is given permission to live there. That happens when he receives the K-1 visa. He will have 6 months in which to activate the visa and once activated, you two need to marry within 90 days. There is no way he will be able to 'move' to the US in August.

You have just started this process. Your fiance, if the border authorities allow him to cross, can visit you for up to 6 months, but he needs to convince the border guard that he has no intention of remaining in the US by providing evidence of his ties to Canada - letter from employer; apartment lease or mortgage; ongoing utility payments; etc. The longer he is visiting the stronger his proof of ties will need to be. It is virtually guaranteed that if you show up at the border with a truck load of his belongings you will be turned back and he will be denied a visitor's visa because of his obvious intent to immigrate.

It is highly unlikely he will have the K-1 by October. You might have the I-129f (NOA1) approved by then. After the I-129f petition is approved, the whole file will be transferred to the Canadian Consulate in Montreal and all of the processing with take place there. It takes a few weeks to arrive and once it does, they will mail him a package of information containing forms, applications and instructions about what he needs to do next. All of these things must be done in Canada - getting a medical, getting a security check, obtaining necessary documents including an affidavit of support from you. Once he has this assembled he notifies the Consulate and they schedule him for a interview. This process can take a number of months. I am not sure of the current wait time for an interview with Montreal but recently it was taking up to 6 months.

If you are in Canada on a visitor's visa you can apply to extend the visa for another 3 months. The application form is available at http://www.cic.gov.ca. You can keep renewing it as long as they will let you. There used to be an option of renewing it at the border but I don't know if this still exists - you can call your closest border crossing and inquire.

The other caveat is his military career at RMC (I am from Kingston originally, too). His position will probably require additional security checks as he is a highly trained foreign national involved in a potentially threatening to the US career. There have been others - including one Canadian in biological technology - in similar positions who have found themselves subjected to increased security scrutiny, and whose approval has been delayed with a request to submit a CV while at the Interview. Your fiance should be prepared for additional scrutiny because of his current career. Even though the US and Canada are allies, Canadians are still under a foreign government that is not always aligned with US policies.

Regarding the AOS, you can't apply for that until you are married. There is no way to predict how long it will take - it can be anyway from 3 or 4 months to over 2 years, and again being Canadian doesn't make a difference. I too had a high security level clearance for my employment in Canada yet my AOS took 22 months. Along with the AOS, he applies for a work permit - EAD - and permission to leave AND return to the US, called Advance Parole - AP. Those generally take about 90 days to receive and your fiance would not be able to leave the US and return without the AP. To do so would be considering abandoning the whole process and having to start all over again with a spousal visa - and him outside of the US.

I'm sorry - I know this isn't what you wanted to hear and you are already stressing out about things. Realize that you will have a lot longer wait than you anticipated, that he can visit but cannot move to the US, that he will need to be in Canada for processing the 2nd half of the process regardless -which will probably correlate well to his October and November requirements to be in Canada for graduation, etc.. I would be surprised if he is able to move to the US on the K-1 much before the new year, if then.

Take a look at some of the timelines for other Canadian/American couples going the K-1 route and you will see more clearly what to expect.

Good luck.

Edited by Kathryn41, 11 July 2008 - 06:34 AM.

Kathryn41FemaleCanada2008-07-11 06:30:00
K-1 Fiance(e) Visa Process & ProceduresHelp understanding USCIS Processing Times
Basically, the time lines mean that, as far as USCIS is concerned, they are processing applications that were received on December 18, 2007. If you wish to submit an inquiry about your own application, they will not consider it until your own NOA1 date is later than the date that they have posted - ie. December 18, 2007. There is no implied date of approval from the submission dates that they are currently processing.

When it states it is for the I-129f - that is specifically for the approval of the I-129f and not the K-1 visa, so that would mean they are only considering what would result in the NOA-2 - permission for your fiancee to apply for a K-1 visa. The K-1 visa part is processed outside of the US through the Department of State and not through USCIS.

If you want to see a more realistic time frame for the actual processing time lines, you should check out the "processing times' tab listed on the tool bar above this forum. These are based upon the actual experiences of VJ members and so reflect more accurately what is happening rather than what USCIS says is happening. You can check for the I-129f and you can check for the specific USCIS processing center since there are vast differences even between the individual USCIS centres.

Once you receive the NOA2, the whole application is forwarded to the Consulate responsible for El Salvador. You should also be able to check and see what a realistic time line is for K-1 approvals for El Salvador.

I hope that helps to explain it a little better.

Edited by Kathryn41, 15 July 2008 - 05:21 PM.

Kathryn41FemaleCanada2008-07-15 17:17:00
K-1 Fiance(e) Visa Process & Proceduresexpedite support documents
What about including the Department of State's own travel advisory about the extreme risks currently occurring in Pakistan along with your supporting newspaper evidence - especially if you can target the evidence of violence to the part of the country in which she is living, etc.?

http://travel.state..../tw/tw_930.html

Good lucki.

Edited by Kathryn41, 09 August 2008 - 12:48 PM.

Kathryn41FemaleCanada2008-08-09 12:46:00
K-1 Fiance(e) Visa Process & ProceduresRequest for aditional evidence
Did you send it back using some sort of trackable system? Return receipt, etc? It is always a good idea to send anything to USCIS or the Consulates using a method that has a tracking number. They are notorious for not acknowledging the receipt of mail and often your tracking receipt is the only way you know they received it.
Kathryn41FemaleCanada2008-08-09 12:41:00
K-1 Fiance(e) Visa Process & Procedureswhat about co-sponsors?
Are you getting child support from the children's father? That would help to boost your 'income' level and may bring you over the 125% poverty level mark. You realize that after your fiance gets here it will be several months before he will be allowed to work if he is able to find work? You need to be aware that you will be supporting yourself, your children and him during that time period. As well, the AOS fee is over $1000 and you will need to file that as well as meet the financial sponsorship criteria again in order for him to become a landed immigrant. A K-1 is only the first step on a multi stage journey and each stage has financial demands. Good luck in finding a solution. Also, have the two of you met yet in person? That is a requirement before you can file the I-129f petition. You will need to provide proof of that meeting.

Edited by Kathryn41, 12 August 2008 - 06:37 PM.

Kathryn41FemaleCanada2008-08-12 18:36:00
K-1 Fiance(e) Visa Process & ProceduresShould I chance it?
Yes, go for it. There is a good chance that the missing document will be in by the time of your interview, and if it isn't, then go to your interview regardless. They will give you an RFE for the missing document and reserve making a decision on your application until they receive it. Once you submit it, then they will make their decision. It will shave off a few weeks and possibly a month from your wait.
Kathryn41FemaleCanada2008-08-12 09:18:00
K-1 Fiance(e) Visa Process & ProceduresI have only dated my fiancee for 1 year!!
I would also add that taking the time to read over all of the forms carefully, match them up with the evidence, ask questions if necessary (especially here) and doing it yourself will also make you familiar with the immigration process, at least at it relates to your circumstances - always a useful knowledge. You will feel more in control of things when you understand what is happening. The immigration process doesn't stop with the granting of the fiancee or spouse visa. Once she is here your next step is to apply for Adjustment of Status; then 2 years after she receives her green card, for the removal of conditions. The more of this you can learn about and do on your own the more in control of things you will feel - as well as saving a lot of money. It isn't a difficult process, just somewhat overwhelming at first. Just break it down into individual pieces, look at each piece on its own, and then put it back together again and you will have no problem. Read all of the instructions and forms over and make a big master list of what you will need and you see that you can do this. Good luck.
Kathryn41FemaleCanada2007-07-23 11:00:00
K-1 Fiance(e) Visa Process & ProceduresI-129-f last question before mailing ... pls help!
QUOTE (JonasMichaels @ Aug 20 2008, 09:28 AM) <{POST_SNAPBACK}>
What do I need from my gal? I have 4 passport photos from her. But we are unsure about where and what she needs to sign. I know there is that form that I have to make 4 copies of ... with her address right? Here are some other questions:

Main question: What do I need from my foreign fiancee bedore sending in the I-129-f?

Does we fill out the forms with the Vietnamese symbols on the writing or without? (like for her address)

Her address doesn't receive mail - is she going to be sent something in the mail? If so, how do we deal with this?

Thanks very much for all the help and guidance of this site.

p.s. I am in the U.S. and she is in Vietnam, so I am trying to understand the easiest and most efficient way for her to sign whatever she needs to sign and fill out the paperwork correctly and then get that to me so we can start the clock ticking on our application.

Thanks again
Jonas


Read this - it tells you all of the forms you need from her and from yourself: http://www.visajourn...mp;page=k1guide

It would be good to read over all of the other information at the top of this forum as well, including the timeline as it will answer other questions you have. The four forms she needs to fill out are the biographical forms and they need her original signature. Read over the instructions on the actual I-129f form as well - it also states what you require as supporting documentation.

Yes, she needs to have an address where she will get mail. After the first half of the process if approved (the I-129f - your petition) all of the information is sent to the US Consulate servicing where she lives. They then send her a package of information containing her K-1 application plus instructions on what to do next. Some one more familiar with the process in Vietnam will have to answer exactly what the package contains. She will also be sent information about her interview date to this address so definitely find some address where she can receive mail.

You may wish to ask this question in the Regional Forum for Viet Nam as well since there will be Consulate specific information you need to know.
Kathryn41FemaleCanada2008-08-20 11:28:00
K-1 Fiance(e) Visa Process & ProceduresWe were expedited!
Bring the email copy you received of the appointment - usually you are supposed to bring your appointment letter with you but obviously you won't have it by appointment time. Congratulations and good luck.
Kathryn41FemaleCanada2008-08-25 15:40:00
K-1 Fiance(e) Visa Process & ProceduresAlso Question on the Fiancee Letter of Intent
You could also just do a pen correction on the letter and cross out the 'her' and write in 'my'.
Kathryn41FemaleCanada2008-08-26 21:29:00
K-1 Fiance(e) Visa Process & ProceduresShortest possible timeline for Canadian Fiance
We are a couple from a few years ago and it wasn't any faster then. Our I-129f was filed June 16th, 2003 and approved December 30, 2003. The actual K-1 visa part went quickly and I received the visa on March 30, 2004 with only a month wait for the interview. We were straight-forward as well with no RFE's. Allow 8 to 9 months for the whole process right now and be happy if it takes 6 months and don't be surprised if it takes 12 months. 2 1/2 months? Maybe for one half of the process at one time but both halves of the process are necessary.

Yes, you can visit. Prepare a package of documents showing your ties to Canada - rent receipts/lease/mortgage, residential bills (internet, phone, utilities, insurance, etc.), car ownership/insurance in Canada, employment letter, any other type of documents that prove you have financial and familial responsibilities in Canada and include a copy of your filed application as well. You should be prepared to prove to the border guards each and every visit that you are only a visitor on that trip and have no intentions of remaining in the US.
Kathryn41FemaleCanada2008-08-26 22:11:00
K-1 Fiance(e) Visa Process & ProceduresNo Adress in USA yet!
Use your mother's address.

One thing to consider before you commit yourself to staying overseas for the whole process . . . once you get married your former fiancee/now spouse will need to submit an application to adjust status from a non-immigrant K-1 to a Permanent Resident. It is called AOS. Until you do this she has no legal status in the US once her 90 days have passed. Part of this AOS process includes submitting an affidavit of support where you have to provide proof you have sufficient US based income to support your spouse and she will not have to seek any type of public assistance. You affidavit needs to be accompanied by income tax records proving your income, by a letter from your employer and sometimes by pay stubs, and bank records. If you are not able to meet the affidavit of support through income you can use assets but they needs to be 3 or 5 times (I don't recall which the amount you need to have for sponsorship, and again you need to submit proof. If you can't provide either then you need to have a co-sponsor who will provide that guarantee. Just so you are aware of this requirement so you can be prepared.
Kathryn41FemaleCanada2008-09-01 14:32:00
K-1 Fiance(e) Visa Process & ProceduresI-94 Number
The section where it asks for the I-94 is under "IF YOUR FIANCE/E IS CURRENTLY IN THE US COMPLETE THIS SECTION". From my understanding, your fiance/e is NOT in the US so this part of the form does not apply to you. Your correct response would be to put n/a next to it.

Unless your fiance/e is currently in the US, you do not need to worry about this. If your fiance/e is in the US right now, then fill in the rest of the information and attach a separate note explaining that he/she did not receive an I-94 document upon arrival. Include all pages of his/her passport to show that there is no I-94 attached.

Edited by Kathryn41, 01 September 2008 - 06:29 PM.

Kathryn41FemaleCanada2008-09-01 18:27:00
K-1 Fiance(e) Visa Process & ProceduresI-94 Number
Your British fiance should have received an I-94W because he came in on a visa waiver programme. That would be a small card stapled into his passport. It is an entrance/exit visa that tells how long someone is authorized to stay in the US. If he did not get one, don't worry because you do not need the I-94 for the I-129f. What you do need is proof of his visit to you and there should sufficient other proof available - some sort of stamp in his passport if there isn't the I-94 W card - showing he spent time in the US, his airline tickets, boarding pass and luggage receipts, etc. as evidence. You won't need the number of the I-94W but if he has one you can submit a photocopy of it as well.

When his K-1 is approved and he officially arrives in the US, he will have an I-94 stapled in his passport next to the K-1 visa when he goes through immigration at his POE (Port of Entry). That I-94 will show the date on which his 90 days authorized by the K-1 entry ends. You will need to keep that I-94 because it is required for the next stage of the immigration process - the Adjustment of Status.

Edited by Kathryn41, 01 September 2008 - 02:45 PM.

Kathryn41FemaleCanada2008-09-01 14:44:00
K-1 Fiance(e) Visa Process & ProceduresOverwhelmed about moving to USA
QUOTE
I am new to this site and quite frankly, completely overwhelmed with all the information - I just don't know where to start!!

First, I will tell some of my story and then maybe someone reading it will have a beginning to answers I need smile.gif I met a man 9 months ago (US citizen). I have visited him in NY and we have talked about me moving from Canada to USA. Problem - we have no idea how to do it or the best way to accomplish it!! I am currently separated and going through my divorce, so I don't think I can use this K-1 Fiance visa because my divorce will not be final in the next 90 days. I have looked into a Visitor Visa, but from what I understand, I cannot work if I have that visa... I need to be able to continue working while I live down there in California with him. He is self-employed and suggested hiring me as another assistant. Not sure what requirements/forms would need to be filled out in order for this to happen sad.gif ... is anyone able to help us?? Can anyone give us clarification as to the K-1 and Visitor visa - ex. how long can I leave Canada to be with him before I am forced to return and then what would the waiting time be before I could turn around and head back there again? How can we manage the working issue? Who would we contact??

Sorry about all the questions but we are just so overwhelmed!! We were not expecting our relationship to culminate in such a wonderful beginning! smile.gif

Thank you for any/all advice and suggestions given, in advance.



Thank you Chuck! As we are still getting to know each other, marriage isn't really our first choice. I mean, we are looking at that but not so soon!! That was why I was looking into what my other options could be (Visitor's Visa, Green card, etc.). I don't know if I can just up and immigrate for no apparent reason other than to be with him, without marriage being the finale to this thing. I don't even know how long a Visitor Visa would last for (I would like to be able to come to the US for like 6 months to really get to know the man in person that I have known over the telephone and emails the past 9 months, before committing to something as serious as marriage).

Btw - I don't know what AP or EAD means...sorry - not up on internet lingo!! Forgive me!



There are generally two ways to immigrate to the US - through family or through employment. To work in the US you need to have an EAD - employment Authorization Document. There are a number of categories available, however, they need to be initiated by the US employer who has to prove there are no American citizens to do the job. There is also a limit on how many of these visas are available each year and the limit was reached last Spring. The next application date filing will be October, I believe, but it is hard to get an employment visa and it can take a long time.

An American citizen can sponsor a fiancee (K-1) or a wife (K-3, or CR-1) (along with other family members). To apply for a K-1 visa you need to be eligible to marry so your divorce would have to be finalized before you could apply. When the K-1 is approved - it takes about 8 to 9 months average but can vary longer or shorter - you must marry in the US within 90 days. You must then apply for a green card by adjusting status to become a permanent resident. You can apply for permission to work at this time as well. You would also apply for AP - Advance Parole - which is permission to leave the US and return without having to start all over again from the beginning. Once granted, your green card is your official permission to remain in the US.

As a Canadian you are allowed to visit the US for up to 6 months. You are not allowed to work and if you do it would be a violation of your visa which would have serious repercussions ie. a ban from entering the US in the future and/or denial of certain visa requests. You will need to be able to prove that you still have strong ties to Canada and will return after your visit or the border authorites could deny you entry. Strong ties include family ties, residential responsibilities, financial responsibilities and employment responsibilities in Canada. Being away for 6 months at a time may make some of those difficult to prove. You would not be able to bring your belongings with you except for the clothing and personal effects you would need.

IF, after arriving as a visitor with no intentions of marriage, you decide to get married, you can do so but it would be up to you to prove you had no intentions of marriage when you crossed the border. You would apply for the green card after marriage, or you could return to Canada and apply for the green card (CR-1 visa) from Canada.

Unfortunately, there is no 'girlfriend' visa, nor 'just immigrate' visa to the US.

One other word of advice - whenever you are dealing with US immigration, never, never, never, never misrepresent the true or lie. Always tell the truth even if it is something that might be detrimental to your entry to the US, or it will come back to haunt you.

Edited by Kathryn41, 01 September 2008 - 06:53 PM.

Kathryn41FemaleCanada2008-09-01 18:52:00
K-1 Fiance(e) Visa Process & ProceduresNew to the board, Please Help!
No, your fiancee is mistaken. USCIS is very adamant about that 'having met within the last 2 years' requirement. Some people have tried for hardship waivers due to health or finances, but I don't recall of any being allowed even for serious health issues. When you submit the I-129f you need to provide evidence (passport stamps, air travel proof, etc.) that you have physically been together within the two years immediately prior to filing. You will need to find some way for the two of you to get together again before you file. If you file without meeting this condition, your application will be denied and you will have just wasted your money.
Kathryn41FemaleCanada2008-09-01 14:24:00
K-1 Fiance(e) Visa Process & ProceduresI need your opinion about 90 days....
You are not allowed to adjust status based on the K-1 visa if you do not marry within the 90 days. You can still adjust but your husband must then file the I-130 form - and pay the additional fee - along with your I-485 application. It would be like wasting the K-1 completely, and now you would need to wait for approval of both the I-130 and the I-485. It isn't worth it. Do a courthouse marriage and then if you want the Vegas wedding afterwards no one said you can't get married again. You just need to make sure you are married before the 90 days expires. As it is you will be out of status once the I-94 expires until you file the AOS and you don't want to accumulate any more out of status days (if any) than you can help.
Kathryn41FemaleCanada2008-08-26 17:26:00
K-1 Fiance(e) Visa Process & ProceduresCanadian refused entry to USA does it affect my K1 application????
You were refused because the border guard believed you to have immigrant intent and you didn't have sufficient ties to Canada to reassure him you were only a visitor. When you have your K-1, you are using the correct visa to enter the US - because it is your intent to get married to your fiance and live in the US. You will have provided them with the necessary paperwork. Being refused now because you couldn't prove you weren't intending to immigrate will not have a negative impact on your K-1. Remember that you must be very honest and if ever asked, either at the border or by anyone in US immigration, if you have ever been refused entry, TELL THE TRUTH. You can be denied entry permanently for lying at the border or to immigration about such matters.

Yes, you are a Canadian and it is very important to remember that the US is a foreign country. You are asking for permission to enter the US when you approach the border, and it is the border authorities job to ensure that people who are a potential immigration threat are not allowed into the country. Presenting them with copies of documents that prove your ties to Canada allows them to decide in your favour that you are not an immigration risk. They have ultimate authority and they do not have to let you across the border if you cannot prove to their satisfaction your intent.

By giving you an I-94 they issued you what is called an entry-exit visa. This is standard procedure for all other visitors except Canadians so they were giving you a definite time period for which you would be allowed to visit. Did they also tell you to check in at the US border on your return to Canada so they could officially record you observing the time limit on the visa? When you officially enter the country on your K-1 they will also give you an I-94. Make sure you keep that I-94 - you will need it for later.

You were lucky. They could have refused you entry, or required you to get an official visitor's visa through the nearest US Consulate. Yes, it will be up to the border guard each and every time you cross the border whether he/she will allow you in to the US with your proof or without your proof; let you in with an I-94, or deny you entry.

You mentioned that now you are pregnant you will be moving there. I hope you mean living there after you receive the K-1 visa as there is no legal way you can live there before then. Read the guides at the top of this forum and you will get a good idea of what is involved in the K-1 process. Basically, it has two stages: 1) your US fiance submits the I-129 petition plus all of the necessary supporting documents and forms. He receives an acknowledgment, and then several months later, an approval of his petition. The approval means that you now have permission to apply for a K-1 visa. The I-129 petition is processed in the US, then transferred to the US Consulate in either Montreal or Vancouver (depending on where you live). The Consulate sends you a package that contains the K-1 application form and tells you what documents you need to get: ie. long form birth certificate; passport; Canada wide police check; medical exam; letters of intent to marry; an Affidavit of Support from your fiance, proof of previous marriages ending, etc. You tell the Consulate when you have these items and they then schedule an interview. If all goes well at the interview you receive the K-1 visa. You have 6 months in which to activate the visa by a one time entry to the US for you and your belongings, then you must marry within 90 days.

Edited by Kathryn41, 15 September 2008 - 09:06 PM.

Kathryn41FemaleCanada2008-09-15 21:03:00
K-1 Fiance(e) Visa Process & ProceduresI might have to give up hope :(
You could also remind your family that when you do marry and he has been a permanent resident in the US for 3 years he can become an American citizen - and they would be off the hook regardless - plus having an American son-in-law again. Good luck. I hope you find a solution to your problem. It may be a matter of more time until you can be together but if that is your objective, do think of this as a speed bump.
Kathryn41FemaleCanada2008-09-04 15:40:00
K-1 Fiance(e) Visa Process & ProceduresI might have to give up hope :(
You could also remind your family that when you do marry and he has been a permanent resident in the US for 3 years he can become an American citizen - and they would be off the hook regardless - plus having an American son-in-law again. Good luck. I hope you find a solution to your problem. It may be a matter of more time until you can be together but if that is your objective, do think of this as a speed bump.
Kathryn41FemaleCanada2008-09-04 15:39:00
K-1 Fiance(e) Visa Process & ProceduresCultural misunderstanding or fraud?
I just want to add that instead of suspecting the possibility of 'fraud' right off the bat, it is also possible that she is having second thoughts and doubts about the relationship herself and doesn't know how to address it with you. She too may be having concerns about if she really wants to proceed or not. Distance can do that to people. If you can afford it, you may want to take a visit back and see each other face to face before you decide to do something so drastic as to pull your petition. You will have a better idea then if she is getting cold feet, if you are getting cold feet or if indeed there is more to it than that. Good luck.
Kathryn41FemaleCanada2008-01-21 23:25:00
K-1 Fiance(e) Visa Process & ProceduresCanadian Fiancee to US..need some help
If you are unmarried, you apply for a K-1 visa - a "Fiancee visa". You can apply for it now. It will take a number of months to complete. If you don't do an official 'legal' wedding in July in Toronto, you will still be unmarried, and your fiancee will be allowed to enter the US with her K-1 visa and have the 'legal/court' wedding in Houston.

If you do a legal marriage in Toronto, you have to wait until you are actually married then you would apply for either a K-3 or a CR-1 visa. Both of those are 'spousal' visas as opposed to a fiancee visa. Your wife would have to remain in Canada for processing both of those visas and then would be allowed to move to Houston when she receives either one or the other.

If you do a non-legal wedding in Toronto and your fiancee then visits you in Houston where you have a legal wedding, she would not be allowed to remain in the US. To do so would be visa fraud and would result in a lifelong ban from ever entering the US again. She would have to return to Canada and you would apply for either the K-3 or the CR-1 spousal visas. K-3 and CR-1 visas are processed through the US Consulate in Canada, which is why she needs to be in Canada.

From your plan, the best approach would probably be the K-1 visa. Start the process now, have your non-legal ceremony in Toronto in July, and then, when your fiancee gets her K-1 Visa, she can move to Houston and you would do your legal/court marriage within 90 days. Marriage within 90 days is the mandatory condition of the K-1 visa.

Good luck.

Edited by Kathryn41, 03 January 2008 - 05:48 PM.

Kathryn41FemaleCanada2008-01-03 17:47:00
K-1 Fiance(e) Visa Process & Procedurespanic
QUOTE (chikita @ Sep 26 2008, 02:37 PM) <{POST_SNAPBACK}>
recently I became a US citizen and most of my trips were made with my foreign passport. Today I sent my K1 petition with both passport(foreign and american) because I took a recent trip with my new american passport. My question is, will they think is weird I am sending these 2 passport copies?? Will I get an RFE? I did not explain that on my package.
Thanks


Since you recently became a US citizen and would not have had a US passport previously and your foreign passport contains the evidence of travel/proof of meeting I suspect it might not be common, but I suspect they have encountered this before. Your US passport will clearly be dated after the other passport. If they are not able to find out that you are a recent US citizen on their own they may well send you an RFE. It will be pretty straightforward to respond showing that you acquired your citizenship after your dates of travel. Good luck.
Kathryn41FemaleCanada2008-09-26 13:41:00
K-1 Fiance(e) Visa Process & ProceduresExtended Visit to the US whilst K1 is being processed
well, the only other concern you would have then is preparing a package of proof of ties to the UK in case you need to show you have intentions of going back instead of just staying. Bring copies of everything involved in the K-1 process to show that you are pursuing a legal route and being so close to its end are not likely to jeopardize the process. Not being employed and not having property or paying rent will be the biggest challenge so try and be creative to show you still have financial and material ties to the UK that need your attention to resolve. They may or may not ask for proof. 2 months isn't that long of a time, actually, and going over the Christmas holidays gives a little more understandable motivation for an extended trip.

So, think what you can provide as evidence of your ties to the UK, bring those with you and be prepared to show them if requested, and good luck with your travels.
Kathryn41FemaleCanada2008-10-04 09:10:00
K-1 Fiance(e) Visa Process & ProceduresExtended Visit to the US whilst K1 is being processed
While it will be up to the border authorities to decide if you will be allowed to enter the US and who will determine the length of time for the visit if you are allowed in, you actually have a more practical concern to consider. After the NOA2 is approved, the 2nd stage of the K-1 process happens in your home country. You will be sent a list of items you will need to obtain from the Consulate in your home country, along with the application forms you need to submit. There are documents you need to obtain and actions you need to do in the UK - security checks and medical exams are the most obvious ones. Once you are ready you then notify the US Consulate and they schedule an interview. If you are in the US during this time you won't be able to get the things done that need doing and may actually be delaying the time it will take to approve your K-1. With that consideration, you might want to check with others who applied from the UK and see how long the process takes after the NOA2 to the granting of the K-1. That will give you an idea of how much time you will have available between the two and if you really can afford to spend 2 of those months in the US. Longer trips are reasonable while you are still waiting for the NOA2 to be approved, but once you receive the NOA2 you may find it more expedient to be at home than in the US.

An entry denial because of failure to prove non-immigrant intent would have no impact on your K-1 interview so you don't need to worry about that. Just be sure that you admit to it on the necessary paperwork and during the interview - it won't count against you unless you lie about it.
Kathryn41FemaleCanada2008-10-03 22:54:00