ForumTitleContentMemberSexCountryDate/Time
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
K-1 Fiance(e) Visa Process & ProceduresFiancee overstay
QUOTE
[name='MIDUVIL' date='Oct 11 2008, 10:20 AM' post='2294465']

Not correct. If you marry after the I-94 expires, then you must file the I-130 along with the I-485 to adjust status.
You do not have to adjust status after you marry, even if you marry within the 90 days. He does have a choice.


QUOTE
????
sorry i don't understand. I'm not sure to understand what you wrote. And, I don't know also the details of the process about the I-130.
But i know that it's better to adjust status- (to have your EAD, AP, green card and later for citizenship) for the K1.
He has the choice to marry after the 3rd of december, yes. But it's a risk, if they catch her between the 4rd of december and january (''before adjustment of status'') that she will have to go back to her country.
It's that i wanted to tell.
After the ''january wedding'' he can adjust status (i don't really know if it's an option or an requirement - and I don't really know if it's ''adjust status'' that i have to use) with the I-130, and pay, pay and pay again for this process. But, pay again will disturb me.

Yes, he has a choice, but there are also some risky choice in life, some prudent choice and some clever choice.

When i talked about ''no choice'' it was to tell, what is the clever and safe choice you can do in this situation?.



Just a quick clarification of the processes:

If you enter the country with a K-1 visa, you have to get married within 90 days in order to adjust status from a non-immigrant K-1 to a permanent resident immigrant (AOS I-485). There is no deadline on when you need to file to adjust status, but the foreign spouse will be out of status from the time the I-94 expires until the time the AOS is accepted and that can have some potentially serious problems for the foreign spouse.

If you enter the country with a K-1 visa and do not get married within the 90 days, you can no longer adjust status from a non-immigrant to a permanent resident immigrant based on the K-1 visa. The American spouse needs to file a sponsorship petition called the I-130, used to sponsor family members. This is filed concurrently with the I-485 AOS but is adjudicated first as it provides the grounds on which the status can be adjusted.

Everyone who enters the country on a K visa needs to apply to adjust status in order to be allowed to live in the US on a permanent basis. While there is no deadline requirement by which to apply, it is better to do it sooner rather than later as the person is then in the US without legal status.

The ideal solution to the OPs dilemna is to have a quick courthouse legal wedding before the I-94 expires and then their lovely big family wedding in January. Their legal marriage date will be the courthouse marriage date but for all other purposes, they can celebrate their January date as their wedding day.

If they do not have a legal wedding before the I-94 expires and they wait until January, the foreign partner will collect between 30 to 60 out of status days, which will be forgiven when the AOS is approved. Until then, she may be hassled if she leaves the country on an AP as to why she did not honour the K-1. Some border guards are real S.O.Bs about such matters. If she doesn't leave the country before she recieves her AOS she should have no problems.
Kathryn41FemaleCanada2008-10-11 10:19:00
K-1 Fiance(e) Visa Process & ProceduresFiancee overstay
If you are planning on a K-1 visa she has a one time arrival in the US on that visa. She cannot leave and come back again on that visa. Once she is here she has to get married within 90 days or she cannot adjust status based on the K-1 visa. Has she activated the K-1 visa yet? If so, then if she leaves the US without getting married she will not be allowed back in to get married later. You would have to start the visa process all over again from the beginning. If she gets married but hasn't received an Advance Parole (permission to return to the US) if she leaves the US you will have to start the visa process all over again from the beginning as well.

If she is here now but not on the K-1 visa, then she can leave and return to the US when the K-1 visa is issued to get married. There is no guarantee that she will get the K-1 in time for your January wedding, however, if she isn't returning home until December. On what status is she in the US right now? On what status will she be returning to the US in January? Does she intend to stay in the US after the wedding in January or return home again to finish a spousal visa?

If she is here on a K-1, then basically, going back home in December will negate all of your immigration paperwork to this time. Why is she going back?

Edited by Kathryn41, 09 October 2008 - 08:07 PM.

Kathryn41FemaleCanada2008-10-09 20:06:00
K-1 Fiance(e) Visa Process & ProceduresGoing through a rought time, needing some sound advice.
Hi Lee,

I just wanted to add my support to you as well as you wait through this process. I know that my fiance and I had some rough moments, wondering even if we were 'meant to be' because of all of the delays in our visa quest. I just wanted to add, along with my good wishes, the recommendation that whenever you are asked by any stage of immigration - at the airport, on any USCIS or Consulate paperwork, in person, whatever - always mention ALL times you have been denied a visa or turned back at the border. They need you to tell them about all occasions as they will use that as a means to test your honesty and credibility. If you only mention the last time, they may think you are trying to hide the first time and pull a fast one and the consequences would be much, much worse than the long waiting that you do now. So, regardless of what you decide to do, always mention ALL times you have been denied or turned back due to immigration issues. Being turned back because of immigrant intent will not have a negative impact on your K-1. By having the K-1 you will have the documentary proof of your intended status and show that you have followed the legal process to the letter.

Good luck and hang on - you should be getting your NOA2 very soon and once that happens you will feel so much 'closer' than you feel now. It is surprising what that little piece of paper accomplishes for your feelings. You feel like you have some control back in your life, that finally things are moving and there is something that you can do to bring that visa into the home stretch.

Edited by Kathryn41, 12 October 2008 - 07:22 PM.

Kathryn41FemaleCanada2008-10-12 19:22:00
K-1 Fiance(e) Visa Process & ProceduresAdvanced parole on a K1 visa, for travel to other countries
Yes, she would still travel with her Moldavian passport and require the necessary visas to enter other countries. She requires the AP to return to the US.

You may wish to contact the Embassies or Consulates in the US of the countries you are interested in visiting. It could be that since she is in the process of acquiring permission to live permanently in the US they would be more willing to issue her a visitor's visa, especially as she would be travelling in the company of her American husband - another tie to the US rather than to Moldavia. It's worth a try.
Kathryn41FemaleCanada2008-10-13 22:16:00
K-1 Fiance(e) Visa Process & Proceduresplease help me! I want to cancel my petition!
If you want to 'do' something, after the NOA2 is approved, the whole application process shifts to your home country. You would receive information about it from the US Consulate that covers your area. You could just send that information package back to them and tell them you are not continuing the process. That would be the soonest you could 'do' something to close it instead of having to wait the process through. Good luck.

Edited by Kathryn41, 05 October 2008 - 09:38 AM.

Kathryn41FemaleCanada2008-10-05 09:38:00
K-1 Fiance(e) Visa Process & ProceduresWelfare?
If your daughter is a US citizen he should be able to get assistance for her. It is worth checking into. Good luck and I hope you have a solution to your financial situation very soon.
Kathryn41FemaleCanada2008-11-02 12:43:00
K-1 Fiance(e) Visa Process & ProceduresBrand new to this . . . my head is spinning!!
Hi Anita and John,

Welcome to VJ. There is a lot of good information here and you will find it will help your visa journey immensely. Wishing you a quick entry for your sweetheart to this part of the country. Once you file, John (I assume he is the foreign partner) should be able to visit you in the US as long as he can prove that he retains ties to Ireland during this process (ie. proof of employment, proof of living accommodations - rent, mortgage, deed, etc., proof of financial ties and responsibilities in Ireland, etc.) to show that he is not intending to stay. Make sure he always tells the truth when entering the country, don't overstay any visits, and have his proof of ties to his homeland and you should be able to visit during the process. We alternated visits back and forth from Canada to Atlanta during our K-1 journey and having the package of information - which included a copy of the K-1 application - really helped with immigration. Good luck.
Kathryn41FemaleCanada2008-11-26 16:31:00
K-1 Fiance(e) Visa Process & ProceduresUpdated Letter of Intent
Hehehehe my now husband wrote the same letter as he initially submitted but added 'emphatically still" between "I" and "intend to marry". It was very sweet.
Kathryn41FemaleCanada2008-11-30 18:17:00
K-1 Fiance(e) Visa Process & ProceduresWhat is RFE???
You have received the NOA1. That is all you will receive until you get the NOA2 - approval - unless they need more evidence, in which case you will receive an RFE - Request For Evidence. Good luck.
Kathryn41FemaleCanada2008-12-26 13:20:00
K-1 Fiance(e) Visa Process & Proceduresfinally got Visa
You also have to use the visa within 6 months from the day it is issued - so that means you need to come to the US within the 6 months before the Visa expires. If it expires and you have not yet come to the US you cannot use it. Once you get to the US the visa is used up but you have a new clock that starts ticking - 90 days. At the border your passport will be stamped with an I-94 card and this card will give you 90 days. You need to get married within those 90 days in order to complete the K-1 visa process.

The next step after you marry is that you need to apply for permission to remain in the US legally - to adjust your status from a non-immigrant fiance to an permanent resident. This is the AOS form I-485 - but at least the two of you are together while you wait for this form to be processed. When it is, you will receive your green card.

Congratulations on getting your visa - that was a ridiculously long wait!
Kathryn41FemaleCanada2008-12-26 14:56:00
K-1 Fiance(e) Visa Process & Proceduresvisiting the US
Have you already filed the K-1? If so, when asked you should say that you are going to visit your fiance for xxx amount of time and you will be returning on such and such a date. Have a copy of your K-1 application with you so you can show you are going through the proper procedure. Bring along proof of your ties to Canada as well. Any time you try to 'avoid' the truth at the border and they find out - either through questioning or whatever - it can come back to bite you. If they ask who are your friends, then you will have to say 'boyfriend' and if they ask are you engaged, then it becomes 'fiance' and soon it looks like you were trying to hide information at the border - which, in fact, you are. Make it easy on yourself by volunteering 'useful' information and the truth. You don't give volunteer unuseful information and you don't give extra information, but do say how long you are going for and the date you will return. It will actually work in your favour.

I visited my now husband a number of times while we were waiting for the K-1 to process. Each time I was honest and had my file folder of documents proving my ties to Canada. I was pulled into secondary twice but when they saw the K-1 information they closed up the files, returned everything to me and said I was good to go.

Be honest. Look them straight in the eye and be confident. The best confidence comes when you are telling the truth.

Edited by Kathryn41, 04 January 2009 - 06:49 PM.

Kathryn41FemaleCanada2009-01-04 18:48:00
K-1 Fiance(e) Visa Process & ProceduresFaster or easier processing for EU citizens?
I know that our K-1 took 9 months to process when the average was 6. Applicants from Russia, England, Germany, France and England were all being approved while our "Canadian" application was still waiting. They don't discriminate processing times based on the country of application, however there are other good points mentioned here that could impact processing time. Canadians don't get off any easier than anyone else while waiting.
Kathryn41FemaleCanada2009-01-08 22:38:00
K-1 Fiance(e) Visa Process & Proceduressomeone please help for filing i-129f from canada
Seriously, look into getting married and doing what is called Direct Consular Filing (DCF). It is the fastest route. You can read the guides pinned to the top of the DCF forum here on VJ.
Kathryn41FemaleCanada2009-01-14 20:25:00
K-1 Fiance(e) Visa Process & ProceduresCanadian Fiance - K1 or K3 route?
If the freedom to leave the US quickly after arrival is a requirement then K-1 is not the best route. Look into getting married first and then doing a K-3 or a CR-1 visa, both of which allow the applicant to leave and return safely to the US. A K-1 is 'stuck' in the US until he/she receives either an AP (Advance Parole) or greencard, both of which can't be applied for until after marriage. A CR1 is the best option if the ability to work shortly after arrival is also important. A K-1 and a K-3 both need to wait until they receive Employment Authorization which can take a number of months.

Edited by Kathryn41, 16 January 2009 - 08:16 PM.

Kathryn41FemaleCanada2009-01-16 20:14:00
K-1 Fiance(e) Visa Process & ProceduresDenied entry to USA
If she was denied entry because they felt she had been coming too often or perhaps had immigrant intent, there will be absolutely no effect on a K-1 visa. Many K-1 applicants have experienced being turned back at the border. If asked about it during the interview don't lie, just admit what happened and know it won't be a problem.
Kathryn41FemaleCanada2009-01-19 19:55:00
K-1 Fiance(e) Visa Process & Proceduresfiance wants to come to the US then get married Help!!!
You can file the fiance form - the I-129f petition - while she is here, but she will have to go home and finish up the process in her home country. The K-1 visa is issued by the US Consulate in her home country. If she is suggesting coming here, getting married, and then staying here without going back home, that is illegal and called visa fraud. It means using a visitor's visa for a purpose other than a visit, and can result in very serious consequences - voluntary departure or deportation and a life time ban of ever being allowed back into the US. You would have to consider going to join her in her country.

If she arrived with no intent of getting married and staying, then you decided on the spur of the moment to get married and stay, that is legal, however, it is up to you to prove you had no intention of getting married when she entered the US. If they do not believe you and deny her the green card, there is no right of appeal and she has to leave the country.

She can come to the US, get married and then return home for the processing of her green card (CR-1) visa or a K-3 visa through the US consulate in her home country. The illegal part is staying in the US after getting married and trying to become a legal resident without returning to her home country.

I know it is difficult being apart. Unfortunately, there is no legal or quick way around the process. All of us here who are pursuing the legal options have had to face the challenges and difficulties of being apart far more than we want. Marriage is an adult decision and sometimes making adult decisions means dealing with things we don't enjoy or don't like but are necessary. The legal processes of immigration is one of these.

Good luck to the two of you. Enjoy your visit, but don't try to take any illegal short-cuts - they will come back to haunt you.

Edited by Kathryn41, 19 January 2009 - 11:39 PM.

Kathryn41FemaleCanada2009-01-19 23:37:00
K-1 Fiance(e) Visa Process & ProceduresDeath of Fiancee
I am so very sorry for your loss.
Kathryn41FemaleCanada2009-02-05 21:24:00
K-1 Fiance(e) Visa Process & ProceduresSorry that this is a bit of a dumb question...
Pushbrk explained it most clearly - it is a non-immigrant visa - as is the K-3 - with immigrant intent. It gives you the right to enter and be in the US for a specified period of time. The K-1 also has a specific expectation -marriage during the validity of the entry visa (I-94). K-1 and K-3 recipients are also expected to apply for immigrant status (Adjustment of Status -AOS - from non-immigrant to immigrant) preferably they are still in legal status. If they don't apply they lose their legal status in the US and are open to deportation or removal. Once they are approved for AOS they are considered immigrants.
Kathryn41FemaleCanada2009-02-17 10:59:00
K-1 Fiance(e) Visa Process & ProceduresIs it possible to get a RFE for not signing?
If you didn't sign where you were supposed to you will probably get the whole package back and will have to re-submit.
Kathryn41FemaleCanada2009-02-27 16:42:00
K-1 Fiance(e) Visa Process & Proceduresdiabetes
I am type 1 diabetic and worriedf about my medical. The doctor just made note of my condition and that was it. No problems, no hassles - at least immigration-wise yes.gif . Do make sure you have good medical coverage though - supplies here are expensive.
Kathryn41FemaleCanada2009-02-26 17:41:00
K-1 Fiance(e) Visa Process & ProceduresWaiting on Montreal Interview. I have questions.
The interview process at Montreal is kind of anti-climatic. They ask you to verify information that you submitted, they might ask you how you met, they might ask you some basic information about your fiance - age/birthdate; what he does for work; how often you visit, things like that. Canada is not a high fraud country so they don't expect a lot of Canadians to be requesting a fiance visa if the relationship isn't genuine. They seem to start with the premise that it is and work from there, unless there is something obviously amiss. Just make sure you have all of your documents, the originals of your fiance's birth certificate and divorce decrees if he was married before, the supporting documents for the affidavit of support and then your required documents. Most denials come from some other sort of situation like a criminal record or a medical situation. You should be fine.

Edited by Kathryn41, 27 February 2009 - 07:25 PM.

Kathryn41FemaleCanada2009-02-27 19:24:00
K-1 Fiance(e) Visa Process & ProceduresBrand new!
Welcome to VJ, and good luck with your fiancee visa.

You might want to check out the Canada Forum as well - we're a friendly bunch of Canadians and Americans with a wealth of experience about the various aspects of Canadians relocating to the US.
Kathryn41FemaleCanada2009-03-07 13:06:00
K-1 Fiance(e) Visa Process & ProceduresCan you travel to the US while K1 is processing?
One of the other documents I brought along with my proof of ties to Canada was a photocopy of the K-129f/K-1 package and receipts. The first time I was pulled into secondary I was actually going to the Detroit airport to pick up my fiance who was visiting me and I didn't have my package of proof with me. Fortunately I did have a print out of his flight information, so they let me go through on the proviso that I stop back in at US immigration after I picked him up at the airport to tell them I was leaving the country. (You can be sure we did that!). The second time I was pulled into secondary they were going through all of my proof very carefully then came across the copy of the application. They looked through the copy, then handed me back my package of proof and let me continue on my way. I am confident that having proof that we were going through the proper immigration process along with the proof of existing ties to Canada helped reassure the immigration officers that I was not an immigration threat on that visit. Be well prepared and you should be fine. Be sure to include a copy of the wedding information with your proof of ties for this visit.
Kathryn41FemaleCanada2007-04-16 22:40:00
K-1 Fiance(e) Visa Process & Procedureswill my "ink pen changes" cause a total rejection?
Is this the I-129f petition application forms or the biographical forms you are talking about? I am afraid I don't recognize the phrase 'one-line' - but it appears from context that it means to erase information that was previously written and write over with the new information. If you corrected errors on your application form I very much doubt that it will be a cause for them to reject your petition application as long as the corrections are clear and legible. . I suspect you will be perfectly fine if that is the case (although with USCIS it is always hard to say anything for sure VBG). If they send an RFE I doubt it would be because of this corrected information, but because of something that wasn't submitted but needed to be.

There are so many variables at work that it is impossible to say how long after the NOA1 you will receive an NOA2. It could be 3 months; it could be 6 months; it could be 9 months. You could check the Processing Times on the menu bar above to check and see what the current average is for the Processing Center where you submitted your application.

Good luck.

Edited by Kathryn41, 24 July 2007 - 09:29 AM.

Kathryn41FemaleCanada2007-07-24 09:27:00
K-1 Fiance(e) Visa Process & ProceduresQuestions about after visa has been approved..
If you are driving across and activating the K-1 there appear to be a scant few of the land POEs that do provide the employment authorized stamp at the border. I remember that Windsor-Detroit Ambassador Bridge is one. You don't say where you are intending to cross the border but if that works for you, you may want to try there. Again, if you are already close to Maryland then obviously it won't be a convenient POE. You could always call ahead where you intend to cross and ask them if they will provide you with the employment authorization stamp with your K-1.
Kathryn41FemaleCanada2007-09-03 19:43:00
K-1 Fiance(e) Visa Process & ProceduresAre you fed up with USCIS yet?
QUOTE (devilette @ Sep 19 2007, 04:53 PM) <{POST_SNAPBACK}>
QUOTE (StillThePrettiest @ Sep 19 2007, 01:45 PM) <{POST_SNAPBACK}>
since pushbrk isn't here to do it, should I say here that they're 'petitions', not 'applications'? wink.gif

*a learning n00b*


'General Tips on Assembling Applications for Mailing'



ap·pli·ca·tion
–noun
a form to be filled out by an applicant, as for a job or a driver's license.



hehehehe picky, picky, picky! I am sure he appreciates the assistance in keeping us all on the straight and narrow biggrin.gif (this is being said with humour and a smile, just in case anyone is concerned . . .)

Edited by Kathryn41, 19 September 2007 - 03:56 PM.

Kathryn41FemaleCanada2007-09-19 15:55:00
K-1 Fiance(e) Visa Process & ProceduresAre you fed up with USCIS yet?
One point that is being overlooked here is that while you are stagnating in the process of waiting - whether it is a long or short time respectively, it ALL feels long to you personally. It is the sense of helplessness - of being at someone else's beck and call, and having no recourse even to find out an honest status update - that also eats away at you. I went through the K-1 portion of this virtually alone - just my then fiance/now husband and me - as I hadn't discovered VJ yet. We wrote letters, we phoned, we sent emails, we visited congressmen. Did it work? Nope - not until the file moved the Montreal, then we got nice responses. Did it help? Absolutely! It was Something - Anything! - that we could do to help us retain our sanity during this at times ridiculously bureaucratic process, to feel that there might be some forward motion while enduring the wait.

So, yes, write your letters, phone who you need to phone, email where you need to email. It may or may not get attention; it may or may not get action; but it WILL make you feel better and help you survive the process with some of your sanity still intact.

Good luck to you all.

(btw - I LOVE the idea of sending flowers - now that definitely gets noticed)

Edited by Kathryn41, 19 September 2007 - 03:51 PM.

Kathryn41FemaleCanada2007-09-19 15:46:00
K-1 Fiance(e) Visa Process & ProceduresAre you fed up with USCIS yet?
As one of those who was caught up in the long time frames of 3 and 4 years ago (it took 197 days to get our I-129F approved), you have my full sympathies. I remember how helpless we felt - and actually, I belonged to another site prior to this one that involved visa processes at the TSC - the year before a group of irate petitioners had actually physically marched and protested outside of TSC to protest the year and more time frames for getting their petitions processed/approved. Fortunately, the Montreal Consulate was moving quickly back then so I didn't have the current 6 and 7 month waits for the interview after the process. Still, it was 11 months before I was able to move to the US after we filed for the K-1.

Since it also took 22 months to process our AOS (no RFEs, no known delays, no nothing) I fully appreciate the frustrations at all levels of this process. We have been in this process now for going on 4 1/2 years - and I still have 1/2 year to go before I can even apply to remove conditions. How long is that going to take? Who knows!

Yes, there is something consistently and inherently 'broken' with the system currently used by USCIS for family based immigration processes. The recent fee increase was supposed to address the problems of under staffing and long delays - but so far it has only increased them rather substantially.

Send your letters, your faxes, your emails. Whether it accomplishes something or not, still, you are doing something - about the only thing left to you by this system - to forward your case with immigration. If nothing else, it will help you feel better.

I also fully agree that you should - we all should - be able to receive accurate information - even if it is 'there is nothing new on your file' - from the Immigration Call Center/Help line. That is one the biggest problems right there - they should at least ensure that the people who answer the phones know something about immigration rather than just reading a script.

Good luck.

Edited by Kathryn41, 19 September 2007 - 11:09 AM.

Kathryn41FemaleCanada2007-09-19 11:05:00
K-1 Fiance(e) Visa Process & ProceduresProof of Meeting question?
they are also interested in the proof of meeting within the last 2 years - so make sure that the date of your proof clearly shows within the two years prior to submitting your application:-).

You can provide a narrative account of how you met the first time and since you have met subsequent times you can refer to those as well - point form works well. Just make sure that your 'proof' of meeting is within the two year time period. Good luck.

Edited by Kathryn41, 23 September 2007 - 11:45 AM.

Kathryn41FemaleCanada2007-09-23 11:44:00
K-1 Fiance(e) Visa Process & ProceduresWe need your help..
It sounds like they were sending the package back to your fiance. Has he received it back yet? If not, he will want to do a follow up with his congressman and see if they can track down when and where the package was mailed back. In the package it will say the exact reason why it was rejected. It could be something so simple as failing to sign the applications in the right places, or not including a number of documents that it was easier to reject rather than send send RFEs. Or, did your fiance include a US address at that time? You mentioned you were living together up until June when the application was submitted. Was he out of the US at the time? If he didn't have a US address that could also be a reason for its rejection.

So, the important thing is - has your fiance received back the rejected application form? If he has, what does it say is the reason for rejection. If not, has he moved or has the return address changed?
Kathryn41FemaleCanada2007-09-23 12:05:00
K-1 Fiance(e) Visa Process & ProceduresSudo K-1 Application
As well, include all your passport pages including the illegible ones. They may question 'why' there is a gap in numbering and send an RFE for the missing pages.

Edited by Kathryn41, 04 November 2007 - 09:44 AM.

Kathryn41FemaleCanada2007-11-04 09:43:00
K-1 Fiance(e) Visa Process & ProceduresLengthy visits while waiting
We had basically the same arrangements you do. Both of us worked and we would arrange for long weekends together using holiday and vacation days so we would have a 4 day visit alternating locations each month. This worked for the first few months (it took 9 months for us to go from application to approval for the K-1, then another 5 weeks before I could move south). We actually only got one visit in during the summer because of work schedules, and two in the fall due to work schedules, so he took a full 10 days of holidays and vacation days at Christmas to spend it with me. It was the longest time we had been together. Our I-129f was actually approved December 30th while he was here visiting (we applied June 19th). Because I needed to save money for the medical and the flight to Montreal we didn't actually visit in person again from January 2 until he flew up to drive me 'home' in early May.

You live with the hope of seeing each other soon counting down the days, and then with the knowledge that just a few more weeks and you will have the visa, and then the flurry of final arrangements when you finally do have the visa and know you are leaving. Spend this time with your friends and family at home, knowing that when you are finally together you will have each other, but you will be leaving them behind. When it is all said and done, the time apart really does 'disappear' into your memory. Good luck on your journey.

Edited by Kathryn41, 02 November 2007 - 05:17 PM.

Kathryn41FemaleCanada2007-11-02 17:16:00
K-1 Fiance(e) Visa Process & Proceduresengagement story for interview
Tell the 'real' story. It doesn't sound like a scam at all but a very real situation that happens to real people. When you start to get into the attitude of 'falsifying' information for immigration purposes you are walking on very dangerous ground. They are experienced at sniffing out when something is 'wrong' or 'off' and may well suspect your 'made up story' and then start to question the validity of your relationship. If you are worried that they will question you, make sure it is for the truth that is much easier to defend than for something that is fabricated. Lying to immigration is also considered a valid reason for denial and imposing a ban on entry to the US. If your fiance goes along with this story, he is the one who will be banned and you will face a lot more difficult problems in the future. Don't worry about 'impressing' immigration with a traditional engagement story - the 'real' story is the one you want to tell and it is perfectly fine. Not everyone's plans to marry start with the bended knee proposal - some sort of slip into it as the obvious next step of the relationship by ways of mutual agreement. Immigration has seen it all. Listen to your fiance on this - he is right.

Of course - if you are concerned about having an 'official' engagement and he doesn't feel it is necessary to ask - why don't you propose to him? That is perfectly acceptable too. Then you would have your 'engagement' story.

Edited by Kathryn41, 04 November 2007 - 09:39 AM.

Kathryn41FemaleCanada2007-11-04 09:36:00
K-1 Fiance(e) Visa Process & ProceduresUS Consulates in Canada
Immigration will forward the applications to the correct consulate. Vancouver handles K-1 and K-3 applications from residents living in Manitoba and west. Montreal handles K-1, and K-3s for residents living in Ontario and East. Montreal is also the only Consulate in Canada that handles CR-1 applications regardless of where you live. If you list the incorrect consulate, don't worry, they will send it to the one that has jurisdiction over your area. Now that you are on the way, be sure to stop in and visit the Canada regional forum as well - there are a lot of Canadians and their American partners who are taking the same visajourney as you are, and can provide a wealth of information and support.

Edited by Kathryn41, 06 November 2007 - 02:43 PM.

Kathryn41FemaleCanada2007-11-06 14:42:00
K-1 Fiance(e) Visa Process & ProceduresFiance long visit from Canada on Tourist visa while K-1 pending
That is also supposed to be a maximum of 6 months out of 12, so she needs to include all of the time she has currently spent in the US in the past year and subtract that from the six months to find out how much time she is currently allowed. Part of the K-1 application includes a list of all of the time spent in the US up until the date of application so her time in the US is on record. It is a possibility, although not a big one, that if she is in the US for more than 6 months that immigration will look closely to ensure she doesn't have an overstay which can be grounds for a denial and needing a waiver to overcome. Canadians are just as much 'foreigners' in the US as are citizens of any other country even though we enjoy close ties.

One of the other things she needs to keep in mind if she is intending to spend a large portion of time in the US while waiting for the K-1 to be processed - don't show up at the border with all of her clothes or with clothes for a different season that she can expect to see while in the US - that is a big red flag that this person is actually an immigrant and not a visitor.

While the six month yearly maximum is allowed, it is still up to the border guard to determine how long he/she will allow a Canadian to visit the US. They can say none, 10 days, 1 month, 3 months or allow the full time - they are the ones who decide, whether you have a visitor's visa or are taking advantage of the special relationship Canadians have with the US.

I don't mean to be a wet blanket on your plans; I just don't want you to end up in a situation that could lead to a denial of your fiancee's visa or as a visitor. That is even harder to deal with than the time spent apart between visits, because it could have been prevented.
Kathryn41FemaleCanada2007-11-05 18:03:00
K-1 Fiance(e) Visa Process & ProceduresStudent Loan
It shouldn't, although you will still have to make arrangements to continue paying it off. That isn't something that will likely come up with USCIS, however.
Kathryn41FemaleCanada2006-06-06 06:57:00
K-1 Fiance(e) Visa Process & ProceduresStupid Question
remember that he is does decide to come for the 90 days after he retires that he will not be allowed to bring over any of his belongings except for the clothing that he will immediately need - anything more will send up a big red flag and almost definitely lead to a denial of entry. He does need to go back to the UK for the medical, for the interview and to arrange for his belongings to be transported to the US. They can only come with him or after him - not before and he has to provide the shipping company with a copy of his approved visa and the I-94 document that US immigration put into his passport when he enters the US.

Edited by Kathryn41, 26 November 2007 - 11:20 AM.

Kathryn41FemaleCanada2007-11-26 11:19:00
K-1 Fiance(e) Visa Process & ProceduresHas anyone ever "failed" a medical ??
QUOTE (julezabelle @ Dec 5 2007, 04:07 PM) <{POST_SNAPBACK}>
QUOTE (creasy19 @ Dec 5 2007, 03:00 PM) <{POST_SNAPBACK}>
Hey, this topic really interested me, i was wondering, would something like diabetes cause you any problems in getting your application accepted? anyone ever hear of or know anything about this first hand? please let me know. thanks


Diabetes is not a problem. kathryn41 has it and is happily living with her US hubby here in the US.



Exactly right:-). There are others with diabetes who have been through this process as well.
Kathryn41FemaleCanada2007-12-05 16:39:00
K-1 Fiance(e) Visa Process & Proceduressuper newbie questions
It was a while back (2003) but we filed June 19, 2003 and received our approval December 30, 2003 with no RFE's. Hang in there - it will come. Good luck.
Kathryn41FemaleCanada2007-12-07 18:39:00