ForumTitleContentMemberSexCountryDate/Time
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
K-1 Fiance(e) Visa Process & ProceduresFiancee's previous K1, stayed in US beyond 90-day limit
Handwritten on the K1 VISA: "K-1 Nov 11, 2004"
and the "1 Entries" number on the K1 VISA is circled, with the same hand-writing.

There is no US Customs Exit Stamp on her International passport!
She does not remember anything unusual, during her departure.
No fine for a violation, no scolding by the Customs authority, nothing.

On her Internal Russian passport, she found:
Exit from Russia: August 11, 2004
Return to Russia: December 26, 2004
This is approximately 45 days beyond the 90-day limit!

Oops - sorry, that was supposed to be 45 days beyond the 90 day limit. I don't believe it should pose any problems with the visa but I do believe you should address the issue with the application to the Consulate - that is where the issue will most likely arise.
Kathryn41FemaleCanada2007-12-12 00:19:00
K-1 Fiance(e) Visa Process & ProceduresFiancee's previous K1, stayed in US beyond 90-day limit
I am sure someone who is more familiar with this particular situation will chime in, however, the good news is that she did depart the US when it turned out that a marriage between her and her former partner was not going to work. The real problem with overstaying a visa occurs if you have more than an 180 day overstay, which will trigger a 3 year ban. A 90 day overstay will probably trigger questions of her during the interview - why did you not marry the former petitioner; why did you not leave before the visa expired, etc. There are answers to these questions and she should be prepared to give them. The circumstances on why she did not leave right away will probably be of interest and it may be quite acceptable to the interviewing officer (ie. we had doubts and still thought the relationship would work, then decided it was really over, etc.) As I said, the good news is that she did return home and she didn't incur a ban even though she overstayed.

The most important thing to remember is that you both must be up front with this information. USCIS already has the information about her former K-1, and the Russian Consulate staff will probably be interested as well in this second visa. There is nothing you can do about that so you might as well prepare for it from the very beginning. Just do not lie or even 'lie by omission', which could be interpreted as not presenting relevant information with the application or the interview.

If it were me, I would want to include the stamp that shows her re-admission to Russia to verify the date she left the US along with a text explanation giving the circumstances of why she didn't marry her former fiance and why she overstayed the visa. Since you know it will raise a red flag it is better to address the issue up front - it will tend to reduce the 'redness' of the flag and will show you are trying to be as honest and forthright as you can.

As I said, if someone else has different information that is specific for the Russian Consulate, I am sure they will correct me.
Kathryn41FemaleCanada2007-12-11 20:54:00
K-1 Fiance(e) Visa Process & ProceduresDid I miss something?
QUOTE (mox @ Dec 12 2007, 07:02 PM) <{POST_SNAPBACK}>
Okay, I might be way off base here (and possibly off-topic), but as I understand it entering the US on a non-fiancee visa is fraud if your intent is to marry. However (and I know it's not the case for the Yahoo OP) if you enter the US and then fall in love and get married while in the country (let's say on a student visa), then it is possible to adjust status and stay in the country. Am I wrong?


You are half right. If you enter the US with no intention of marrying, meeting someone and getting married, then it is possible to stay in the country and adjust status. If you enter the country with the intention of marrying, you can get married, but you CAN'T stay in the country to adjust status. You need to pursue a K-3 or CR-1 through the American Consulate responsible for the non-US spouse's country. If you enter the country with the intent to get married and STAY to adjust status from within the US, that is visa fraud.
Kathryn41FemaleCanada2007-12-12 19:06:00
K-1 Fiance(e) Visa Process & ProceduresEmployment an issue for K1?
Basically, it sounds like he is self-employed as a musician and works on contracts with different locales and venues. His employment, however, won't matter with the K-1 as they will only be concerned about your ability to support the two of you. The fact that he has been able to make a good living for himself up to now through his music won't even raise an eyebrow with the interviewer, but says he is probably pretty good at what he does.
Kathryn41FemaleCanada2007-12-13 20:52:00
K-1 Fiance(e) Visa Process & ProceduresWill this be a problem?
You can relax:-). Many individuals who later pursue a fiancee visa get refused visitor's visas because they do not have enough proof of ties to their homeland. Your fiancee, however, is no longer asking for a visitor's visa - she is requesting a fiancee visa and it is understood in the visa process that she IS an intending immigrant, even though it is a non-immigrant visa. If she is questioned about the previous denial she should just tell the truth that she was coming to visit with you but you were not yet engaged, and that they didn't feel she had enough ties to show she would return home. The officer may even say, 'yes, that happens a lot':-). There shouldn't be any problem at all with this during the interview. You have not committed visa fraud - and she has not misrepresented herself either. Good luck at the interview.

Edited by Kathryn41, 13 December 2007 - 11:59 AM.

Kathryn41FemaleCanada2007-12-13 11:57:00
K-1 Fiance(e) Visa Process & ProceduresEmail and Instant messages
We didn't put any of the 'mushy' stuff in either, except for the way we signed our emails to each other. Most of the ones I included were more like discussion of upcoming visits, or last visits, or plans for the house and furnishings, or arrangements for the physical move of me and the cats - the kind of things you would discuss with your 'spouse' or 'spouse to be' on a daily basis. You might want to do logging or some copy and paste of some of your instant messaging and storing the sessions in a notepad or something that you can print out. Then you can pick and choose some of the more useful segments to include with the package.
Kathryn41FemaleCanada2007-12-13 12:05:00
K-1 Fiance(e) Visa Process & ProceduresUnique evidence of meeting or of a relationship
As evidence of the ongoing relationship I included the funeral announcement printed in the newspaper for my Mother's passing listing him as my fiance. (She died a month after we became engaged). We used photographs together along with plane boarding passes as primary evidence we had met

Edited by Kathryn41, 14 December 2007 - 04:38 PM.

Kathryn41FemaleCanada2007-12-14 16:38:00
K-1 Fiance(e) Visa Process & ProceduresCanadian awaiting packet 3
QUOTE (slamber2578 @ Dec 9 2007, 07:49 PM) <{POST_SNAPBACK}>
QUOTE (Kathryn41 @ Dec 9 2007, 04:48 PM) <{POST_SNAPBACK}>
For the medical, your fiance should bring with him proof of all of his vaccinations and his immunization records. If he is missing any of the necessary immunizations, he should go to his family doctor and get them done while his Provincial health coverage will pay for it because if he waits for the medical, they will charge him extra.

Again, welcome aboard!



Sorry for being so ignorant... but how do i get a hold of my vaccination and immunization records?(im the canadian fiancee)


No problem, David. Talk with your doctor. As a Canadian you were required to have certain immunizations before you were allowed to start school. Your family doctor should have a good idea of what immunizations you have had and when, and may also have the actual records. Also, talk with your mother - she may well remember the dates too. If it appears that you cannot track down whether you have had a vaccination or not, you can also have your doctor do a 'titre' test, which means he takes a sample of your blood and they test for the antibody response to a specific illness in the blood. If the titre is above a certain amount it means you have immunity to it and do not need that vaccination. If the titre reveals a low count, then you would need that vaccination. I believe that there is a list of the immunizations required (some of them are age specific) in the guidelines for this forum.

As for being ignorant - this isn't something most of us gain experience in until we actually have to go through it ourselves. Believe me, by the end of this 'journey' you will have far more experience than you want with all of this. We were all 'newcomers' to the process at one time. Take advantage of members' expertise, but also do some of your own homework and read the various guides at the various sections and at the USCIS website. Since you already made it through the approval of the I-129f on your own, you should be fine handling the rest of the forms as well. After all, it's not like you don't have a lot of time to go over everything lying ahead while you wait!
laughing.gif

Edited by Kathryn41, 09 December 2007 - 08:10 PM.

Kathryn41FemaleCanada2007-12-09 20:09:00
K-1 Fiance(e) Visa Process & ProceduresCanadian awaiting packet 3
sorry - 129f that is supposed to be in the above . . .
Kathryn41FemaleCanada2007-12-09 19:44:00
K-1 Fiance(e) Visa Process & ProceduresCanadian awaiting packet 3
QUOTE (Aschaal03 @ Dec 9 2007, 05:51 PM) <{POST_SNAPBACK}>
Hello,
I am the fiance he is speaking of, living in the States (Illinois). We are at the point in the K-1 process of waiting for the approved I-129F petition to be send to NVC (which I'm getting nervous about after reading all the trouble people have been having with that.)

I'd like to say first of all, thanks for all your help so far in this process. We started out pretty lost, I read a lot....and then some more just to understand the I-129F process. Sadly, I didn't find this forum until after the I-129F had been approved, but at least we have you guys to help us with the visa process!

My question is, I read http://www.visajourn...om&page=k1guide that I am supposed to send him a copy of my I-129F application. Well seeing as I hadn't been to this forum during that process, I didn't make copies of anything. Rather irresponsible but hey I'm new at this unsure.gif Will he still be okay in the interview if I just send him the NOA1 and NOA2? If anything I could fill out another I-129F form as all the information is the same...and then send that with him.

Thanks again for all the help!



Welcome! I would also invite you and your Canadian fiance to join us over in the Canada forum as well. We have Canadians in various stages of the immigration process who are a wealth of Canada specific information:-).

When you fiance receives his package 3 he will find that there will be a number of items that you will have to provide, so while he is working on his share of the application, you will be able to work on your stuff. He will take the things you send him along with the items he gathers with him to the interview in Vancouver. Among those will be another letter confirming you are both able and willing to get married as per the terms of the visa; the I-134 affidavit of support which will include information from your bank and your income tax returns, and if I remember correctly, originals of the documents you submitted in support of the I-128f (ie, I had to bring my then fiance's birth certificate and divorce decrees). The list of all of the things you will need will be in the package # 3.

In the meantime, yes, print out another copy of the I-129F and fill in the information exactly the same way you filled in the official one and send it to him. It is the information on it that is important rather than the exact copy of the submitted form. Be sure to make copies of everything from now on because you never know when you might be asked to re-submit a form (sometimes they 'misplace' something and send you an RFE - Request for Evidence - for the 'missing' form; instead of arguing you have already sent it, just resend it and keep another copy).

For the medical, your fiance should bring with him proof of all of his vaccinations and his immunization records. If he is missing any of the necessary immunizations, he should go to his family doctor and get them done while his Provincial health coverage will pay for it because if he waits for the medical, they will charge him extra.

Again, welcome aboard!
Kathryn41FemaleCanada2007-12-09 18:48:00
K-1 Fiance(e) Visa Process & ProceduresWhat Made You Choose The K-1 Visa Instead Of the Spouse Visa?
Several reasons . . . it looked like the Spousal application process was a lot more demanding and felt that trying to work it out across borders would be challenging; we felt the K-1 process would give us time to get to know each other better while waiting for it to be processed and if there were problems, it would be easier to stop the process during an engagement rather than a marriage, plus we felt that once we got married, we didn't want to live apart at all - it was easier psychologically to do that while engaged than while married. We ended up engaged for 13 months waiting through the process and at one time almost didn't make it because of the stress of waiting. We honestly thought the process would be about 4 to 5 months in total, not the 9 1/2 it did take to get the visa. Nor did we expect to still be in the immigration process 4 1/2 years later - I can apply to remove conditions the end of February.

Edited by Kathryn41, 07 January 2008 - 10:26 AM.

Kathryn41FemaleCanada2008-01-07 10:24:00
K-1 Fiance(e) Visa Process & ProceduresPrevious Greencard
I certainly am no expert in this, however, the circumstances you describe don't sound particularly alarming. You were right to use the old A number as his information is already in the file. I expect that the situation will come up in the interview and he can explain exactly what happened - that he hadn't expected to be giving up his green card when he left the US to attend to family matters - and that he recognized he could no longer use it, and didn't. He may wish to bring it with him to the interview so he can hand it in then, if necessary. He has broken no rules, has observed immigration requirements and will, of course, tell the truth about the circumstances, if asked. I honestly don't think you need to worry about this too much.

Good luck.
Kathryn41FemaleCanada2008-01-23 08:05:00
K-1 Fiance(e) Visa Process & ProceduresUs Old Folks
Welcome to VJ, highway Star,

Yes, there a number of us in situations similar to yours who have made the same choices for many of the same reasons. I was just slightly older than you when I started my K-1 journey. This is my first marriage, although not my first major relationship, and I was well established in a job I loved, and a life I enjoyed, certainly never expecting I would overturn it all to move to the US and marry an American. We discussed the options, and like you, it was more practical for me to move, although his job is probably more portable and it would be easier for him to find something similar in Canada. Still, he is close to retirement, has all of his financial assets here in the US, has a house, has grandchildren here -and when we married, both of his elderly parents. It was far easier for me to uproot my life than for him.

We started that journey nearly five years ago now. There are things here I could not have foreseen and changes I have had to make that I didn't expect, however, I know he too has experienced some unexpected changes. That is all part of life. We are together and we are happy. I made the right choice, although I still miss my former job and at times, my former life. As you said, nothing ventured, nothing gained - and I have gained far more than I gave up.

I hope your journey is equally successful. Good luck!
Kathryn41FemaleCanada2008-02-03 10:26:00
K-1 Fiance(e) Visa Process & ProceduresUs Old Folks
My husband and I are 'older' - I am in my 50s and he is in his 60s. When we initiated the K-1 process in 2003 I was in my late 40s. It was a big decision for me to give up everything I had ever known - my career, my 'home', my friends and family, my country - to relocate to the US to join him. As he has an adult daughter and grand children here, a better paying and more secure job than I had, his own home, and I have no children and rented, it was easier and more sensible for me to relocate.

The career situation has been the hardest on me as my job was very much country specific and I loved what I did. There is no equivalent for me here in the US, so I have resorted to my first career - again, one with very limited opportunities as it is in the heritage field. Fortunately, I don't need to work as my husband makes a good income, however, what concerns me now is when he retires in a few years and I may have to return to the work force by necessity. I know I will not be able to get a job with a good income or good benefits in this area, and the security concerns do come up. As my husband was married before he still pays alimony to his ex wife and she gets part of his pension benefits and Social Security.

I chose to keep my maiden name because it felt like I would be giving up my identity along with everything else if I took his name. Fortunately, he understood my concern and has no trouble with this. The issues that older couples have with immigration are probably different than younger ones who have a lot more 'potential' opportunities ahead of them. You are wise to try and identify them so you can address them when they arise.

I hope your fiancee is able to find a job that allows her to use her skills and training and that she finds satisfying. Good luck on your journey.

Edited by Kathryn41, 14 January 2008 - 06:56 PM.

Kathryn41FemaleCanada2008-01-14 18:54:00
K-1 Fiance(e) Visa Process & ProceduresInterview with fiance/e or without??
Good luck on your interview. I went alone to mine as well and it was not a problem:-). He couldn't get away from work at that time, but I certainly called him from the payphone booth right around the corner from the Consulate to let him know that I got my visa. You will be fine on your own:-).
Kathryn41FemaleCanada2008-02-07 08:06:00
K-1 Fiance(e) Visa Process & ProceduresPossible grounds for K-1 rejection?
USCIS won't care if she overstayed a visa in another country - they actually have no way to verify that anyway. They are only interested if she has violated US immigration laws by overstaying a visa to the US.
Kathryn41FemaleCanada2008-02-16 12:27:00
K-1 Fiance(e) Visa Process & ProceduresCountry Tour Visa?
She can apply for a visitor's visa to Canada but she will have to prove that she has a reason to visit, enough finances to support herself while in Canada and be able to prove ties to India to ensure she will not remain in Canada when her visa expires. I doubt she would be able to get a 6 month visa to Canada but she may be able to manage 3 months. I would definitely let the Canadian authorities know that she has applied for an immigrant visa to the US and that you are waiting for its approval as that would be partial evidence that she doesn't intend to stay in Canada. You can see what is involved at the Canadian Immigration site: http://www.cic.gc.ca
Kathryn41FemaleCanada2008-02-19 19:24:00
K-1 Fiance(e) Visa Process & ProceduresA few questions...
There is one other factor you need to consider with the length of time you are a visitor and outside of the US. Once your fiancee arrives in the US and you marry (must be within 90 days) her status in the US is only valid for 90 days - the time stamped upon her I-94. To regain legal status she needs to file for AOS - to change her status from non-immigrant to immigrant. Part of this application requires a financial petition that shows you have either 125% above the poverty line at the time of the AOS or have a co-sponsor that meets the financial requirements. You may wish to look at what your financial picture is and determine your length of visit based upon that picture. It is a good idea to read the requirements for AOS in the forums here.
Kathryn41FemaleCanada2008-02-20 15:23:00
K-1 Fiance(e) Visa Process & ProceduresIs it an issue if I am in the US when our case is approved?
The security clearances should be for every country in which you have lived, so if you have only lived in France, the security clearance will be for the whole country. If you had also lived, for example, in Belgium for more than 6 months since turning 16, then you would also require a clearance for Belgium as well.
Kathryn41FemaleCanada2008-02-25 12:59:00
K-1 Fiance(e) Visa Process & ProceduresAfter Marriage
Well, the biggest concern would be for your wife to maintain a legal status in the US.

The first step will be to adjust your wife's status from a non-resident K-1 to a Permanent Resident. That is called Adjustment of Status (AOS). When your fiancee arrives, you get married within the 90 days, then you file the I-485 AOS application with USCIS along with the proof of your marriage and your affidavit of support. USCIS will review your information, do a police check, may request an interview with both of you, or may just approve your AOS application without an interview. When the AOS is approved, your wife will receive her green card. This is her legal proof that she is a permanent resident and allowed to live in the US.

If her AOS is approved before you are married for 2 years it is a conditional Permanent Residency and good for 2 years. Just before it expires, you and your wife need to file I-751 - a petition to remove the conditions on your wife's status. That is very similar to the AOS - you collect evidence of your valid marriage, submit it with the correct fee to USCIS and they may or may not require an interview. If your wife fails to apply for AOS or fails to apply to remove the conditions on her status at the right time, then she will be out of status and USCIS is legally able to deport her.

If she commits a crime then she can also be deportable, but if you commit the crime, it shouldn't affect her status. If for some reason she does apply for social benefits (ie welfare), then as her sponsor USCIS could make you repay the cost of those benefits but they wouldn't deport her.

So basically, as long as she keeps her status up to date and doesn't break the law you two are good to go for the rest of your lives.

Edited by Kathryn41, 26 February 2008 - 08:10 PM.

Kathryn41FemaleCanada2008-02-26 20:09:00
K-1 Fiance(e) Visa Process & ProceduresBest option?
I visited my fiance a number of times during the K-1 application process. I carried all sorts of proof of ties with Canada plus a complete copy of the I-129 petition and Notices of Action (NOA receipts) from US immigration showing we intended to follow the rules. we sort of alternated back and forth - I would go down one month for a few days and then he would come up here the next month for a few days. We continued that right up until our petition was approved. Once the application was transferred to Montreal, though, there was a lot for me to do in Canada so we just waited until we got the visa, then he came and picked me up and we drove me and my belongings back down together. Good luck with your visa journey.
Kathryn41FemaleCanada2008-03-06 21:21:00
K-1 Fiance(e) Visa Process & ProceduresBest option?
Personally, I would recommend the K-1 route if you wanted to get to the US faster. There is talk that the K-3 route is being discontinued which would leave the CR-1 route. The CR-1 route is longer than the K-1, and you can't start that process until you are married, however it is somewhat cheaper in the long run as well as allowing you to be a permanent resident from the moment you actually cross the US border. The K-1 requires you to marry within 90 days after approval, then apply to change ('adjust') your status from a non-immigrant K-1 to a CR-1 through the AOS process. There will be waiting time involved for both of those avenues and it will really depend on what is more important to the two of you.
Kathryn41FemaleCanada2008-03-06 20:34:00
K-1 Fiance(e) Visa Process & ProceduresDelayed response
Definitely return the documents requested and explain that you were away on work-related travel and did not receive the request until today when you returned, asking them to please consider them even though they are late.
Kathryn41FemaleCanada2008-03-06 23:02:00
K-1 Fiance(e) Visa Process & ProceduresI'm Confused...
http://209.85.207.10...E...;cd=5&gl=us


"Goods Shipped Separately

]Household effects entitled to duty-free entry do not need to accompany you to the United States; you may have them shipped to your U.S. address at a later time if you choose. Your shipment of personal and/or household goods must be cleared through Customs at its first port of arrival unless you have made arrangements with a foreign freight forwarder to have your effects sent in Customs custody in-bond from the port of arrival to a more convenient port of entry for clearance. (Ask your moving company if they offer this service.) Customs will not notify you that your goods have arrived. It is the responsibility of the shipper to notify you of the arrival of your goods. After receiving this notification you must enter the merchandise. Failure to enter the merchandise within 15 days after its arrival in port may result in the merchandise being moved to a general order warehouse. If merchandise is placed in a general order warehouse, storage charges will accrue and payment of those charges is the responsibility of the party importing the household goods. Failure to obtain that merchandise from the general order warehouse within six months may result in its sale. When you come to Customs to enter your goods, you must complete Customs Form 3299 “Declaration for Free Entry of Unaccompanied Articles,” to give to the Customs officer. If you cannot come to the Customs office yourself, you may designate a friend or relative to represent you in Customs matters. You must give that person a letter addressed to “Officer in Charge of Customs” authorizing that individual to represent you as your agent on a one-time basis to clear your shipment through Customs."

and



"Duty Exemptions for Household and Personnel Effects

You may import furniture, dishes, linens, libraries, artwork and similar household furnishings for your personal use free of duty. To be eligible for duty-free exemption, the articles must have either been available for your use or used in a household where you were a resident for one year. The year of use does not need to be continuous, nor does it need to be the year immediately before the date of importation. Personal and household effects entitled to duty-free entry need not accompany you to the United States; you may have them shipped to your U.S. address at a later time if you choose. Your shipment of personal and/or household goods must be cleared through Customs at its first port of arrival, unless you have made arrangements with a foreign freight forwarder to have your effects sent in Customs custody in-bond from the port of arrival to a more convenient port of entry for clearance. (Ask your moving company if they offer this service.)

Household effects from the country where these effects were used, and meeting the above criteria, may be entered into the United States duty-free within 10 years after your initial arrival in the United States as a legal resident.

Personal effects may be shipped or mailed to you at a later date. The package should be marked “Used Personal Effects” and must have been in your possession prior to your entry into the United States. Anything included in the package that is new may be dutiable."
Kathryn41FemaleCanada2008-03-06 21:43:00
K-1 Fiance(e) Visa Process & ProceduresI'm Confused...
Actually, US customs states that your belongings are not allowed to precede you to the US. If you have been sending items over and they are getting through, you are lucky. It is not technically legal. As well, a moving company will not be able to transport your belongings to the US prior to your own arrival in the US. The transport will stop your shipment at the border unless they can provide border authorities with a copy of your approved Visa stamped with your entry and the I-94 that is stapled into your passport. You may be able to do something with a brokerage firm whereby your belongings will be held until customs inspects your documentation and release the items to you. You should check into that. I had to arrange for a friend to meet the movers when my belongings were shipped down. I faxed back copies of the activated visa and the I-94 to the moving company, and the movers informed me on their arrival that they did have to show them to the border for all 3 of the loads they were carrying . If they had lacked the necessary documentation for any one of those loads they would have had to remove that load from the van before being allowed to enter the US. That was moving from Canada to the US. It may be different if a broker can hold the belongings in a storage until they can be processed through customs after your arrival. Check with your movers.

Edited by Kathryn41, 06 March 2008 - 09:30 PM.

Kathryn41FemaleCanada2008-03-06 21:26:00
K-1 Fiance(e) Visa Process & ProceduresRefused at the border?
Shipping heavy items can become expensive, yes. The cheapest way is usually to do it yourself with some sort of a rental van. How feasible would that by for you? Where are you moving to in the US? We moved from Chatham, Ontario to 20 miles south of Atlanta, Georgia in a rental minivan - about 800 miles - although there are others who have moved much further by road. If you could fit the majority of what you wanted to bring with you in one, that might be an option for you - or look into a U-Haul type of rental. Those would be the cheapest options. My father actually drove down several boxes of china my Mom had left to me when she died, and once he was able to prove I was a legal resident of the US they allowed him to enter. Your parents would also be able to do the same if they wished to drive down and visit you in your new home, thus bringing you more of your belongings. Make sure they have photocopies of your authorized visa and I-94 though.

I applied for and received AP - twice - but never used it. It was more like an insurance policy so I could go back to Canada in case of an emergency. Many Canadians, however, have used it without difficulty.
Kathryn41FemaleCanada2008-03-06 22:53:00
K-1 Fiance(e) Visa Process & ProceduresRefused at the border?
Lancer, if you can legitimately claim the books as yours through joint ownership and having had them in your possession for at least a year, you might be able to ship them to the US as your property. You might want to check into this. There might be a way going through a brokerage company where they can be shipped to the US as her property and then held in customs until she enters and can claim them upon proof of her legal presence in the US. You might also want to check that out. There would be brokerage fees to pay, but it may be a solution.
Kathryn41FemaleCanada2008-03-06 20:27:00
K-1 Fiance(e) Visa Process & ProceduresRefused at the border?
Jess and Andrew, the K-1 is good for a 'one time admission' to the US. If you leave the US before marriage there is an outside possibility you could get it re-validated to return to the US, but there is no guarantee. I have only seen it happen when someone had to leave because of a death in the family, so I certainly wouldn't count on this. It would have to be revalidated by the Consulate and would still only be as good as for the same 90 days already on the clock.

Once you enter the US on your K-1, plan on remaining in the US until you receive either your green card or your 'advance parole' (AP). Once you are married you are allowed to apply for your AOS (adjustment of status from non-immigrant to immigrant) which will give you your green card. You apply for permission to work (EAD) and permission to travel out of and return to the US (AP) at the same time with the AOS. Current projections say to allow for 90 days to receive your AP after you file for AOS, so it will be 3 months at least before you can return to Canada.

Is it feasible to transport all of your belongings to a storage facility on the Canadian side of the border prior to leaving and activating your K-1, then after you cross over, your fiance/husband can drive over to the storage facility and bring across several loads while you remain on the US side of the border? The alternative is for him to rent a van and then transport you and your belongings back in that.

We arranged for the majority of my belongings to be transported by a moving company after I had moved to the US, but my then fiance rented a large mini-van at the airport, picked me up, filled up the van with cats, and plants and documentation, and declarable items, and enough personal belongings to hold me over until the moving van arrived. He rented it in Detroit, crossed the border into Canada, then drove to our home south of Atlanta where we returned the van, paying for a one way drop off trip. That might be another feasible approach for you. We weren't able to locate any one way rentals originating in Canada and terminating in the US which is why he rented it in Detroit.

Edited by Kathryn41, 06 March 2008 - 08:23 PM.

Kathryn41FemaleCanada2008-03-06 20:22:00
K-1 Fiance(e) Visa Process & ProceduresRefused at the border?
Actually, you are not technically allowed to have any of your belongings 'precede' you to the US. They are supposed either to accompany you or follow you. If you ship your belongings through a third party they are required to show proof to the border that you are legally present within the US before your belongings will be allowed to enter the country. The border guard was just following the rules, although he may have enjoyed the power as well.
Kathryn41FemaleCanada2008-03-06 16:10:00
K-1 Fiance(e) Visa Process & ProceduresTold by NVC that petitions only sent to Montreal not Vancouver???
It sounds like NVC was confused. Montreal and Vancouver both process K visas - K-1 and K-3s. Only Montreal processes CR-1 visa applications, however, and it sounds like whoever you talked to at NVC got confused. Yes, living in Edmonton your file should be sent to Vancouver and I think you will find that is what does happen. If, on the off chance it is sent to Montreal, Montreal will look at your address and send it to Vancouver. And - if that doesn't happen, you can always request the file to be transferred to Vancouver, so no need to worry:-).

Edited by Kathryn41, 07 March 2008 - 05:58 PM.

Kathryn41FemaleCanada2008-03-07 17:57:00
K-1 Fiance(e) Visa Process & Procedureshow long is the wait if you get rejected?
If the reason for the I-129f petition being denied is that you hadn't met in person within the two year time period, you could re-apply as soon as you had satisfied the reason by the denial. So, arrange to meet again as soon as you can so that you can re-apply right away. Be sure to keep copies of plane tickets, baggage claims, passport stamps, visa statements, receipts and whatever else you can find to prove you were in the same place at the same time - and take pictures of yourself together.
Kathryn41FemaleCanada2008-03-06 22:58:00
K-1 Fiance(e) Visa Process & ProceduresI-129f application
Premium processing isn't available for family based applications - only for work based applications. Sad, but true. We all wish it were otherwise.

The letter of intent is a letter written by each person saying that they are free to marry and intend to marry their fiance/e within the 90 day time period required by the K-1 visa.
Kathryn41FemaleCanada2008-03-09 17:48:00
K-1 Fiance(e) Visa Process & ProceduresI-129F Mistake
Has your fiance received the NOA-2 yet approving the I-129f? I think the easiest thing to do would be to wait until that is approved and forwarded to the Consulate in Montreal - then notify the Consulate of the changed mailing address. You would have a case number by that time that you could use to match the file and the information.
Kathryn41FemaleCanada2008-03-10 19:03:00
K-1 Fiance(e) Visa Process & ProceduresCan Canadians vacation in US while K1 is pending?
Shouldn't be a problem - I travelled across to Detroit and flew from and to there regularly when I was visiting my then fiance in Atlanta - as well as crossing the border to go to the airport to pick him up. I just made sure I had my file folder with a copy of my K-1 application along with the proof of my ongoing residence in Canada. I was pulled into secondary inspection twice and then allowed to proceed when they had reviewed my evidence. Make sure she has a letter of permission from the children's father to bring them across the border as well showing that he is aware they are going to Disney World and will be returning to Canada in a week.
Kathryn41FemaleCanada2008-03-11 08:47:00
K-1 Fiance(e) Visa Process & ProceduresQuestions about the K-1
QUOTE (Delilah @ Mar 9 2008, 03:03 PM) <{POST_SNAPBACK}>
Okay, so I've been browsing this forum a fair bit lately, because my girl and I need to get the K-1 Visa so I can finally live with her in the US. We've been in love for about 4 years, and the distance is so hard! (I'm from Australia)

I have a few questions, and I know I can find details on this site, but it's always better to ask in a forum.

Definitely read the guides at the top and read the actual forms to find out exactly what is required. Make yourselves a list of your own that you can then check off things as you acquire them. The more you learn on your own about this process the easier it will be on you.

1) I didn't complete highschool, due to personal reasons, but was getting good grades while I was there. I also intend on getting my GED when I live in the States, and attending community college. Will any of this effect my chances of getting the K-1?

Should have no impact on your eligibility for a visa.

2) My girlfriend lives with her parents currently, and doesn't want to get an apartment until she knows for sure that I have the visa. Will it matter if she just puts her current address? Is there a section on the forms that would allow her to mention this?

She needs to put the address where she resides when she files and where the NOA1 - approval notice will be sent. After the I-129f petition is approved everything is transferred to your end - Australia - for the K-1.

3) She's currently going to college, and will most likely still be doing her internship when/if I get my visa. Considering she wont be working (or not working a lot), will money we have in our bank accounts count for anything? She'll probably have around $20,000 from a damages settlement that she'll be receiving until she's 30 (Total over 150K), and I'll have around $10-15,000 in my bank by the time I leave for the US.

She needs to meet the minimum income guidellines of 125% of the annual poverty levels for a household of her size. If it is just the two of you then it is the figure for 2 people. If there are 3 people (ie. one of you has a child) then it would be the figure for three people. If she doesn't have sufficient annual income she is allowed to use assets at the rate of 3 times the income amount. I don't know if the damage award would be considered income or not, but it should meet the poverty level for 2 people if it is acceptable as a source of income. Your income is not counted towards your support.

4) Can someone from my family be a co-sponsor? Or does it have to be someone in the US? Also how much will they need to be earning to be considered an acceptable sponsor? I doubt her parents will help, so it's either one of her friends or someone in my family.

The co-sponsor has to be living in the US. The income requirement is determined by how large a household they are already supporting plus you.

5) Can she file a petition from NYC? and which forms will she need? I'd also like to know if she'll have to attend an interview for the petition, or does she just file it and we wait? Finally, with the G325-A (If it's still called that) do we both need to have filled one out BEFORE she files the petition?

A good idea is to download the form and all of the instructions. It will tell her exactly where to submit her application and what is required. I-I29fs are submitted to the service center responsible for that part of the country. I believe - but she should check - that New York residents submit their applications to the Vermont Service Center. Both of you need to complete the necessary number of G325-A (Biographical forms). The instructions with the form will say exactly what needs to be included with the I-129f petition. Include everything that is requested. There are a number of other documents that are required, first from her for the I-129f petition, and later from you, for the K-1 application.

Any information will help us SO much, and hopefully take a lot of the stress away. It's killing us to be apart, and since Australia is on the opposite side of the world, it makes regular visits very difficult. I've only met her once in person (July/August 2007) and we talk on the phone every single day.

One of the biggest requirements is that the two of you have met in person within the last 2 years, which you have obviously met. As proof of having met, your fiance needs to include proof of the two of you having met within the last 2 years with the petition, so you can send her copies of your passport page showing your entry to the US, copies of your ticket, boarding passes/ baggage claim checks, etc. If she was the one travelling, then she needs to show the same information proving she was in Australia at the time.


It is a good idea to make several copies of the forms and use one as a working copy, filling it out, figuring out what else you will need and then when you have everything that is needed, complete the good copy and submit the petition. Good luck.
Kathryn41FemaleCanada2008-03-09 14:56:00
K-1 Fiance(e) Visa Process & Proceduresmarriage
Regarding staying in the US while immigrant visas are being processed . . . (copied from another poster)




"while looking at the new Montreal consulate web page, I found a paragraph that explicitly describe their policy towards people who have immigrant visas pending and want to visit the US. See the last paragraph on this page:
http://www.amcits.co...sa_relative.asp

QUOTE
Entry to the U.S. while Petition is Pending

All persons traveling to the U.S. as visitors or students, Canadian or other nationality, under U.S. law are deemed to be intending immigrants and thus inadmissible for temporary purposes until they have an immigrant visa in hand. The burden of qualifying for any visa for entry to the U.S. rests solely with the applicant. Entry to the U.S. is solely up to a Department of Homeland Security/Customs and Border Protection (DHS/CBP) officer at the Port of Entry. While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor or student with the intent to wait for or seek immigrant status while in the U.S. Anyone who attempts to enter the U.S. by misrepresentation, or unlawfully, may face severe sanctions up to and including permanent ineligibility to enter the U.S.

Edited by Kathryn41, 10 March 2008 - 08:45 PM.

Kathryn41FemaleCanada2008-03-10 20:42:00
K-1 Fiance(e) Visa Process & Proceduresmarriage
It is also supposed to be a limit of 6 months within one year, not visit for 6 months, go back to Canada, and then visit again for 6 months. You will be asked on various application forms to account for the time you are in the US. If you accrue out of status time, then you may find yourself with a 3 year or 10 year ban on re-entry to the US.

You cannot skip the visa process and apply for EAD. You are allowed to visit the US. If your intent is to live in the US you need to have a visa. If you intend to marry an American you cannot enter the US as a visitor, marry and stay in the US - that is considered visa fraud and will get you banned from living in the US. If you lie or falsify information to US immigration or border authorities that will also result in a ban from entering and living in the US. If you are in love with an American and wish to live together in the US, the risks are just not worth it!

You have several options. You can go the fiance route which is what my husband and I did. He submits an I-129f petition to USCIS for permission to have you obtain a K-1 visa. Once he is approved, you then apply for a K-1 visa in Canada.

You can marry your US sweetie either in Canada or in the US but you need to apply either for a K-3 visa or a CR-I visa. Both of those would require your husband to submit a petition requesting permission for you to come to the US as a family member, and again the applications are processed outside of the US.

You cannot enter the US with the intent to marry and remain in the US. You cannot work in the US without the proper visa approval, regardless of what your well-intentioned friend told you. Spend some time and read over the various options. Ask questions here. We have all gone through one or other of the processes and we are more than happy to give you the benefit of our experiences. There are others here who have listened to well-intentioned friends and are now paying the price of having to try and obtain waivers for violating US immigration regulations.

A Canadian can visit the US and enjoys a certain relationship with the US. Once a Canadian becomes a potential immigrant, however, that special relationship ends and he/she has to jump through all of the same hoops as any other intending immigrant. Good luck and don't hesitate to ask questions here - and to continue with your research. You can also join us over on the Regional Forums - Canada - we don't bite (usually) and have a wealth of experience.
Kathryn41FemaleCanada2008-03-10 15:55:00
K-1 Fiance(e) Visa Process & Proceduresbeen reading the offical k-1 guide
QUOTE (Hannah+Vito @ Mar 15 2008, 09:16 PM) <{POST_SNAPBACK}>
Hi Hannah,
well vito bought the offical imformation and application guide, and seen as im going to visit him for two weeks in april and we will proberbly be using that oportunity to fill out the petition and send it, i thought i'd give it my proper attention and see what info and documents he needs from me.

Let Vito know that he can get lots of useful information from reading the guides here on this forum as well.

only problem is now i have more questions wacko.gif helpsmilie.gif so i'll list my qusetions as i found them..

helpsmilie.gif
1 : proof you intend to marry, statements i get ( i assume its one each) but it states it is strongly recommended that wedding plans are already in process. hense you can provide ect. unsure.gif i've not seen a mention of this on here before and as there is no garenteed period for the process it would be difficult to have a venue booked already.? did anyone else have this asked?

As ZeeNusah states, do not make any marriage plans until you have the visa in hand. The guide is incorrect in this matter. Your letter of intent is your proof of your intention to marry. If you wish, you could publish a newspaper ad announcing an engagement but not including a date of wedding, but that isn't necessary- the letters from both of you should be sufficient. It is next to impossible to make arrangements for a wedding when you are dependent upon the US Consulate and US immigration doing the paperwork. You will have 6 months after you receive the visa for which it will be valid as well as 90 days after you use the visa. Your only requirement is to get married within those 90 days. That is what your letter of intent should say as well.

2: interviews at pertition stage. do you always have them? is it just for him or will i also have to attend?

Yes, the foreign beneficiary is always interviewed, but there is no interview at the petition stage - only at the K-1 stage. The US citizen is not interviewed for the petition. The K-1 beneficiary has the interview at the US Consulate responsible for holding these interviews in their country. Some Consulates allow the US Petitioner to attend the interview with the beneficiary and some do not. I don't know Britain's policy. At the interview, the beneficiary provides originals of some of the documents your fiance submitted with the I-129f petition, along with documents from a list sent to you by the Consulate including your birth certificate, passport, a police security check, a medical exam, proof that you are free to marry (divorces, death certificates or annulments from any previous marriages), and an affidavit of support from your fiance proving he can afford to support you in the US, etc.

3: q 12 on form if foreign fiancee is in usa when filling petition ... arrival/departure record (1-94) number. although i will only be there two weeks we will proberbly want to post it asap so if im still there im guessing this aplies to me? thing is if it does then where do i find this number if im on visa waiver?

The I-94 is a record of arrival and departure. It will be given to you on your flight over to the US and you fill it out. When you leave the country it is returned at the airport. A date will be recorded on the I-94 saying how long you are allowed to stay in the US. If you are in the US when you submit the I-129f petition, you would take the information from your I-94 (I believe it would be stapled into your passport) and enter it on the form. It is a totally different thing than a visa and even if you are from a visa waiver country you would still get an I-94.

and finally

4: on the form g-325 list all residences in last five years. through out the last five years i can count my current as my home ( is with parents) but when at uwni i had others asell. in the time frame i spent under three months studying in france and rented a room in teachers house. i cant remember the address do i need to provide it on here and also my flat in another town for my last year at uni even though i came home each weekend. do i include it?

Try and be as complete as you can. If all you can remember is the City and Country, then include that. You can always add a note explaining that you rented a room for 3 months and don't recall the address. Yes, the same for the flat when you were away at University. It is perfectly fine to include additional information on a separate sheet. Just put the number of the question at the top of the sheet and attach it to the application. You do want to account for all of your time over the last 5 years.


sorry its so many questions and so badly worded blush.gif . hope someone can answer some of these for me!

Remember to keep a photocopy of everything as well. Good luck.
thanks hannahxx

Edited by Kathryn41, 15 March 2008 - 08:52 PM.

Kathryn41FemaleCanada2008-03-15 20:49:00
K-1 Fiance(e) Visa Process & ProceduresAfter filing I129f
The US citizen can wait wherever he/she likes, however, there are some things you need to keep in mind. You will receive two documents - the NOA1 which is a receipt for the I-129f and the NOA2 which is the approval of the I-129f petition -at your US address. You may also receive an RFE (request for evidence) if you have forgotten to include something or they wish you to submit something else. You will need to have arrangements in place to handle those if you are out of the country. Finally, you are required to submit an affidavit of support for both the K-1 application - and after your fiancee is admitted to the US and you marry - another affidavit of support to adjust her status from a non-immigrant to a permanent resident (AOS). The Affidavit of Support will require proof that your income over the previous year is at least 125% of the poverty level through employment letters, W-2s, tax records, bank statements, etc.. If you have no income then you will need to have assets that equal 3 times or more 125% of the poverty level for your household size. If you have no income and no assets, then you will need to have a co-sponsor in the US who is willing to accept responsibility that your wife will not become a public charge. It is better to try and plan for these things ahead of time than to find out later on that you need them and are not prepared. These are matters that you will want to consider in deciding how long you will be away from the US.
Kathryn41FemaleCanada2008-03-15 21:01:00