ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & Procedureshelp...please
QUOTE (Chenkhmer @ Mar 20 2009, 12:05 AM) <{POST_SNAPBACK}>
My phone bills don't have any number that i called my fiancee.
i used calling cards.... and it don't even have the number of the calling cards.
i saved all of the calling cards.

any advise?



hIYEE~ my friend has the same situation as yours, during her interview she just showed all the prepaid cards that she used. Dont worry, as long as you have other proofs aside from the phone calls you are good.


=FoxyBLUE=FemalePhilippines2009-03-20 00:49:00
K-1 Fiance(e) Visa Process & ProceduresK1 Marriage Complete !
CONGRATULATIONS
mi_illusion_stFemaleCanada2006-02-20 01:18:00
K-1 Fiance(e) Visa Process & ProceduresWhats the hardest part
QUOTE (ACGeiger @ Jun 29 2009, 04:29 PM) <{POST_SNAPBACK}>
Just out of curiosity, what did you all find was the hardest part of this whole process? Was it being away from your loved one, dealing with the government, or was it anything else that you found difficult?

Just wondering... best of luck to all



Hmmmm, besides the being away from my love. The waiting and not having any control is the hardest. And someone else deciding your fate not easy to deal with.
Angel Eyes YuseefFemale02009-06-30 09:18:00
K-1 Fiance(e) Visa Process & ProceduresAnyone gotten a visa approval
Has anyone gotten a K-1 visa approval with only ONE criminal charge on their record? If so, what happened? My fiance has only ever had this ONE charge on his record. He was married to a very controlling person who was crazy and charged him on grounds of assault because he shoved her out of the door and locked it until she calmed down--so she called the police and had him arrested-he refused to come back to her so she took it to court and had him charged with domestic assault. His relationship with her was immediately over -he got divorced from her and never saw her again--He has NEVER had trouble or a criminal record before this nor after this. Will this result in an immediate denial? We are just at the point now that we're waiting on our NAO1 but I need to know if I need to contact a lawyer now and if they can even help us?

Someone please help before I end up in the hospital because I've had a stroke from all of the stress. Thanks!

Kara

QUOTE (Liam and Kara @ Jan 31 2009, 12:06 PM) <{POST_SNAPBACK}>
Has anyone gotten a K-1 visa approval with only ONE criminal charge on their record? If so, what happened? My fiance has only ever had this ONE charge on his record. He was married to a very controlling person who was crazy and charged him on grounds of assault because he shoved her out of the door and locked it until she calmed down--so she called the police and had him arrested-he refused to come back to her so she took it to court and had him charged with domestic assault. His relationship with her was immediately over -he got divorced from her and never saw her again--He has NEVER had trouble or a criminal record before this nor after this. Will this result in an immediate denial? We are just at the point now that we're waiting on our NAO1 but I need to know if I need to contact a lawyer now and if they can even help us?

Someone please help before I end up in the hospital because I've had a stroke from all of the stress. Thanks!

Kara


sorry--we're waiting on our NOA2 we've already gotten the NOA1 (see how upset I am? lol )
Liam and KaraFemaleUnited Kingdom2009-01-31 12:08:00
K-1 Fiance(e) Visa Process & ProceduresLearning patience
"Here Without You"

A hundred days have made me older
Since the last time that I saw your pretty face

But all the miles that separate
Disappear now when I'm dreaming of your face

I'm here without you baby
But you're still on my lonely mind
I think about you baby
And I dream about you all the time
I'm here without you baby
But you're still with me in my dreams
And tonight it's only you and me

The miles just keep rollin'
As the people leave their way to say hello
I've heard this life is overrated
But I hope that it gets better as we go

I'm here without you baby
But you're still on my lonely mind
I think about you baby
And I dream about you all the time
I'm here without you baby
But you're still with me in my dreams
And tonight boy its only you and me

Everything I know, and anywhere I go
It gets hard but it wont take away my love
And when the last one falls
When it's all said and done
It gets hard but it wont take away my love

I'm here without you baby
But you're still on my lonely mind
I think about you baby
And I dream about you all the time
I'm here without you baby
But you're still with me in my dreams
And tonight boy its only you and me

TDD

I LOVE YOU!

Kara

Liam and KaraFemaleUnited Kingdom2009-02-22 15:49:00
K-1 Fiance(e) Visa Process & ProceduresLearning patience
I know this is going to sound ranty but i make no appologies,
The first question is, Do VSC actually have a set timeframe for processing? or do they just see what comes in and then decide, by pulling dates from a hat, a date that gives them lots of time to process?
I work in administration and know every office has SLA's which they must keep within, if work loads increase to much they bring in extra staff either on a full time contract or temporary to deal thus keeping within the timeframe for processing.
As Goverment office surely timeframes and SLA's would be their priority and which they are measured on?
I am growing increasingly inpatient but like you all am at the mercy of this establishment and what feels like a lottery draw on whether they process my case, do they not realise they are dealing with people's lives, loved ones and families?
Over this past year i have had no choice but to learn patience on a grand scale as you no doubt have too, it is not easy knowing that your future and that of your waiting partner is in the hands of some office worker, when all you want to do is jump on the next flight and be there with them.
For a country the size of the USA and the number of citizens to have only three centres to deal with applications is scandlous.
I wonder how long President Obama's father had to wait to get in the country? surely his administration would and could be looking at streamlining the whole process.
Like you all i just want to be with my loved one, my soul mate and begin my future with my best friend, i am having a hard few days and know that in the broad scheme of life the time will be well worth waiting, but surely this whole process could be thought out better and waiting times reduced.
I am just going mad and growing frustrated waiting day after day after day to move our life on.[/size][size="1"] headbonk.gif

Liam and KaraFemaleUnited Kingdom2009-02-22 12:04:00
K-1 Fiance(e) Visa Process & ProceduresVaccine Injection requirements
Hi Guys

I am trying to sort out what i need to receive with regards the injections before the London Interview.
I have checked the Knightswood link site and the chart but not quite clear on specifics.....
the age group i fall under is 40 years old, can someone that has been through the process confirm to me in laimens terms
or an idiots guide to what i am going to need.
I had thought of going to my local GP and get them done as far as i have read as long as you have these on your medical records within the 6 months
of the interview date you are good to go this also cuts down on costs London style.
I would be very grateful if one of you guys could let me know your experiences

thanks in advance
Liam and KaraFemaleUnited Kingdom2009-04-05 19:23:00
K-1 Fiance(e) Visa Process & ProceduresFrustration......
ye thanks again guys i went through all those links and had checked out the emabassy requirements
i guess it is a case of trial and error getting to where i need to be to receive the information i require.
if there is one thing the brits know how to do.....that would be to make things over complicated.

Liam and KaraFemaleUnited Kingdom2009-06-27 20:48:00
K-1 Fiance(e) Visa Process & ProceduresFrustration......
QUOTE (Gary and Alla @ Jun 27 2009, 08:25 AM) <{POST_SNAPBACK}>
QUOTE (Philosykos @ Jun 27 2009, 04:13 AM) <{POST_SNAPBACK}>
I don't think you need a police certificate from the Czech Republic, as you have only lived there eight months:

http://travel.state....es_1308.html#pc


Be careful with this reference as it may or may not apply to K visas and each consulate is allowed some latitude. Kiev requires a police certificate if the applicant lived in another country for more than 6 months after age 16. I even have an email from them saying that a student is exempt from this if they lived in another country for less than one year...and another saying that is a mistake and to provide a police certificate in the case of our oldest son's K-2. Check with the consulate or follow their instruction for documents "checklist"

However, police certificates are not available in all countries for all persons and in that case, you do not need to get one. Somewhere on this site is a listing of countries and which do not have police certificates available. I have seen the link posted mant times, but do not have it. I am sure someone will come along with it.

Gary


Thanks guys, i was not to sure i would need the one from Prague, but, thought better to have it than not.
I guess i will just wait and see what happens, thanks again.
Liam and KaraFemaleUnited Kingdom2009-06-27 09:10:00
K-1 Fiance(e) Visa Process & ProceduresFrustration......
Hi Folks

I am at the end of my tether hence this request, i have been trying to get reports from two countries in which i lived, Prague(8months) Brussels(13 month)
I have been told i will require a police report/good character reference from places i have lived over the years, i have the one for the UK.

My main problem of frustration is i have tried everything to get these reports and I am getting no where fast.

The original sites i was given turned out to be for USA citizens to request, once the operator understood the Scottish Accent, i was told they could give me no information of any help.
I eventually found details online of what each Embassy would require and where to send.

I originally emailed a request for details to the Belgian Embassy, to which i got the reply ' you need to contact a local police station in Brussels'
Gee thanks for all the help.

Then i called the Czech embassy in London, spent 15 mins on a automated system, touch this for this and touch that for that etc etc no actual person before directing me to their website which is where i got their number to call for details Grrrrr

eventually after a long search, I got to where i think i had to, to send and all the papers i needed to send.

so Monday i post all off to each embassy

today, Friday i get one back, in the pre paid envolope i posted with all my documents returned with no explanation as too why, or even any details as to where i should send them, i was under the impression that i send my details to London with payment and they pass to Prague to process and when i try to call automated world awaits....Grrrrrr
so i email the London Embassy and get a reply all in CZECH which i can make out some but not the rest Grrrrrrr

The Belgian one, I have not heard back from YET, but that was send directly to a local Police Station where I lived in Ixelles, I even translated everything into French so fingers crossed.

I think I need to jump on a flight to Brussels and Prague and get it that way Grrrrrrrrr

frustration frustration......

So if anyone knows of where my next turn could be I would be more than grateful??

Thanks for reading and hopefully replying.
Liam and KaraFemaleUnited Kingdom2009-06-26 22:02:00
K-1 Fiance(e) Visa Process & ProceduresI'm confused! yet AGAIN! LOL
QUOTE (Kathryn41 @ Jul 26 2009, 05:11 PM) <{POST_SNAPBACK}>
Your fiance will require your original birth certificate and any divorce documents for the interview. They do not get left with Consulate staff but they have the right to demand to see the originals of any copy submitted. Not having them could result in an RFE. I know my then fiancee was very reluctant to let his birth certificate and divorce documents out of his possession - but I was required to show them at the interview.



ok - thank you---I'm also wondering -- do I send my fiance the sponsor information? I received my hardcopy NOA2 and all it said was that our case was being submitted to NVC then to London--but it left no further instruction as to what I'm suppose to do and WHEN I'm suppose to do it?
Liam and KaraFemaleUnited Kingdom2009-07-26 17:20:00
K-1 Fiance(e) Visa Process & ProceduresI'm confused! yet AGAIN! LOL
QUOTE (reeses16 @ Jul 26 2009, 04:57 PM) <{POST_SNAPBACK}>
Yes, you were supposed to submit the copies for the petition and keep the originals and give them to your fiance. The reason is that if USICIS looses the file or part of it, your fiance could produce originals at the interview and avoided any delays in the visa.

But don't worry, you've already sent them in. ITs not going to ruin your petition or anything. I suggest requesting additional copies of those decrees and certificates and keeping them on hand, for the next phases of the process. Plus if they arrive in time and you can have your fiance replace them with originals in his file.



I don't feel comfortable sending in my original birth certificate etc. and my original passport? That's my entire identity
Liam and KaraFemaleUnited Kingdom2009-07-26 17:04:00
K-1 Fiance(e) Visa Process & ProceduresI'm confused! yet AGAIN! LOL
2. Send all originals of the documentary proof that you submitted for the I-129F to your fiance(e) for their interview at the embassy.


Does this mean I have to send in ORIGINAL divorce, birth etc certificates? I'm confused--I sent original signed forms etc to them when I sent in I129F I made two other packets exactly the same but they're just copies.
Liam and KaraFemaleUnited Kingdom2009-07-26 16:52:00
K-1 Fiance(e) Visa Process & ProceduresK-1 POE
my POE was ok, i had been denied entry exactly a year to the day i came back over
i landed in the same airport, i was taken down stairs by an officer after handing
over my K1 package, i was taken straight to the officer who had sent me back the
year before, he smiled and welcomed me back wished me all the best for the future
and explained he was only doing his job last year....in all it is all very smooth
and painless, good luck
Liam and KaraFemaleUnited Kingdom2010-04-20 08:29:00
K-1 Fiance(e) Visa Process & ProceduresPolice Clearance
for certain....you only need a Police Report from any country you have
lived in for more than 12 months....i had lived in Prague for 10 months
and Brussels for 14 months, i was only required to have the report
from Brussels.

hope this helps and good luck
Liam and KaraFemaleUnited Kingdom2010-04-20 08:18:00
K-1 Fiance(e) Visa Process & ProceduresShould I Call USCIS?
we waited 6 months for a reply at the stage your at now.....
i know it is a pain but once you get a reply it all goes
past in a blur from there, before you know it you will
both be together...from start(app in) to finish(poe) we were
10 months total...you will get there in the end though.
Liam and KaraFemaleUnited Kingdom2010-04-22 12:51:00
K-1 Fiance(e) Visa Process & ProceduresPolice report from Indo but live in UK

Hi all.

My fiance currently is a resident in the UK. We are still waiting for the NOA2, but have read that she will need a police report. She has lived in the UK for over a year, but when she asked an Indonesian police station for a report, they said she would have to show up in person to get her photo taken.

Will she actually need a police report from Indonesia, and if so, does anyone know if she can get this without having to travel all the way back to Indo just to have her photo taken?

Thanks a bunch.

Jeff


You only need a police report from any country that you have lived in for MORE than 12 months.
These then need to translated into English.
Hope this helps
I had the same problem trying to get one from Prague, they wanted me to get a flight over to request the report
after many attempts I got in touch with USCIS and American Embassy to ask if they could help
they said if I have information of attempting to get report then should be ok, I know mine was not
the norm, I would check with USCIS about the situation, as I said if you have lived there more than 12 months you
might need one.
Liam and KaraFemaleUnited Kingdom2010-10-05 00:00:00
K-1 Fiance(e) Visa Process & ProceduresJust Beginning...Need my UK fiance' here yesterday.....
Hi Guys

Permanent Resident living now in the USA original from UK.
Ye you have to defo meet in person, the more the better with loads
of pictures and confirmation of contact between you both, keep everything.

We started our process back in Dec 2008 and from start to finish it took 12 months
roughly....as previously said it would be quicker moving to the UK lol although
there are in my case anyway more benefits for moving here.

Good luck to you both keep strong it is all worth it in the end.
Liam and KaraFemaleUnited Kingdom2010-11-02 23:45:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS said he CANNOT visit
It is a case of hit or miss depending on which POE you have.
I came over to visit my then fiance to stay for 88 days
during the process and was denied entry, I had all the paperwork
for strong ties to the UK return flight letter from employer etc etc
but that did not matter i was denied and sent back on the next available flight
Now I am a permanent resident with a conditional green card
it made no difference that i had been turned away in the long run
It was mentioned at interview for AOS but the interviewer said it was
more common than you would think.
Good luck on your journey it is all worth it in the end.
Liam and KaraFemaleUnited Kingdom2010-11-09 23:56:00
K-1 Fiance(e) Visa Process & ProceduresJust Getting Started
Hi Folks and welcome to your journey on visa journey where everyone will help you as much as they can through the whole process, if you need something answered drop a note on here as everyone has been through or going through what your both about to experience, I myself was turned away by homeland security exactly the same...we were naive back then too, but it was, looking back the best thing to get us both focused. everything will be fine in the end, there will be ups and downs, the hardest part is the time and the waiting....as explained check the guides and timelines on the process, from start to finish as in...me being turned away to getting through process was exactly one year(although this could vary for each case) but now I have my green card and working away and one year married to my best friend....Viel Glück.
Liam and KaraFemaleUnited Kingdom2010-12-16 23:08:00
K-1 Fiance(e) Visa Process & Proceduresvaricella shot
As Orangedesk said, if it has VH then your good to go, if not you will need to get it.

good luck.
Liam and KaraFemaleUnited Kingdom2012-08-06 15:06:00
K-1 Fiance(e) Visa Process & Proceduresgot my RFE ..and i need some help to what they want from me
the safest and CORRECT way to do it is to send ALL pages of both passports, I know it sounds strange to send all blank pages but that is a requirement that we all have/had to do.

Good luck on your journey. short cuts lead to no where in this process.
Liam and KaraFemaleUnited Kingdom2012-09-18 16:17:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend
As most of the guys on here have said to you, this will not be able to be processed until or unless you have met in person. I know that is not what you want to hear, but thems the breaks kid...
What you are planning is a huge step and a real life changing moment, your still young and have the rest of your life ahead of you, could you honestly live in a country away from the help and support of your family?
even for us oldies it is a struggle to be in a new country ALL ALONE(even with your partner).
I would not for one minute say to you or belittle you by dismissing the idea but try keeping contact with your girlfriend and give it time to blossom and let life take whatever path it sends you on, if it is to be with your girlfriend then all the better, if not, then unfortunately thats life...
finish school, even look into a student visa, and go to school here, discuss with your parents the options as well as her parents, I know it may take you years to be in a position to be able to travel and get to the point of moving over to the USA to live, but be patient and see where it leads too.

Good luck to you both i know it is not easy.
Liam and KaraFemaleUnited Kingdom2012-09-18 16:34:00
K-1 Fiance(e) Visa Process & ProceduresMailed I-129F TODAY
QUOTE (Arun+Catie @ Oct 7 2009, 06:40 AM) <{POST_SNAPBACK}>
good luck


Thank You to all of You....they received it today at 11 am....fingers crossed...
jrocMalePhilippines2009-10-07 17:33:00
K-1 Fiance(e) Visa Process & ProceduresMailed I-129F TODAY
QUOTE (slider100 @ Oct 6 2009, 11:12 PM) <{POST_SNAPBACK}>
Once you receive your Notice of action-1 (NOA-1), you will be assigned a case number. You can check your status by entering that case number on the following USCIS website ( United States Citizenship and Immigration Services).
https://egov.uscis.g...is/Dashboard.do
By the way, NVC stands for National Visa Center.


Thank You again....

one more...what is "touched" and how do you tell???

Edited by jroc, 06 October 2009 - 11:16 PM.

jrocMalePhilippines2009-10-06 23:16:00
K-1 Fiance(e) Visa Process & ProceduresMailed I-129F TODAY
QUOTE (slider100 @ Oct 6 2009, 09:49 PM) <{POST_SNAPBACK}>
NOA-1 is the Notice of application-1 which the USCIS mails to you after they have received your I-129F file and the relevant papers. Upon receiving NOA-1 you will be given a USCIS case #. After they approve your I-129F, you will be receiving NOA-2, that is Notice of Action-2. This notice will tell your that you case has been processed and approved and sent to NVC (if they are convinced with the evidence provided).
I hope this helps !


Thank You...all the acronyms are confusing....how do I check the status once I get the NOA-1?

jrocMalePhilippines2009-10-06 22:26:00
K-1 Fiance(e) Visa Process & ProceduresMailed I-129F TODAY
QUOTE (jroc @ Oct 5 2009, 07:51 PM) <{POST_SNAPBACK}>
QUOTE (jimnlena @ Oct 5 2009, 07:36 PM) <{POST_SNAPBACK}>
Your timing seems good!! approvals have been flying out of Vermont!! star_smile.gif But your in the sit and wait game now, expect no news, till you see the second noa!!! Good luck to you!! Try not let the wait get to you!



NOA? What is that? And What is the First one and the second?

Please...thanks in advance


Anyone?
jrocMalePhilippines2009-10-06 20:27:00
K-1 Fiance(e) Visa Process & ProceduresMailed I-129F TODAY
QUOTE (jimnlena @ Oct 5 2009, 07:36 PM) <{POST_SNAPBACK}>
Your timing seems good!! approvals have been flying out of Vermont!! star_smile.gif But your in the sit and wait game now, expect no news, till you see the second noa!!! Good luck to you!! Try not let the wait get to you!



NOA? What is that? And What is the First one and the second?

Please...thanks in advance
jrocMalePhilippines2009-10-05 19:51:00
K-1 Fiance(e) Visa Process & ProceduresMailed I-129F TODAY
NEW HERE..... good.gif

Just mailed mine today....WHEW....

Vermont Service Center....

Think my GF is happy she doesn't have to go to FED-EX for a while.....

tick-tock-tick-tock-tick-tock
jrocMalePhilippines2009-10-05 19:31:00
K-1 Fiance(e) Visa Process & ProceduresAGE DIFFERENCE
QUOTE (Dakine @ Oct 13 2009, 12:28 AM) <{POST_SNAPBACK}>
QUOTE (jroc @ Oct 10 2009, 12:56 PM) <{POST_SNAPBACK}>
Another question....I have been with my Fiancee over a year now...and been to the Philippines many times and stayed together for long periods of time....recently spent 3 months together May-August......before we were together I had other Gf's there who were older.........she and I just click.....here is my question.

She is young and there is about 30 years difference in our ages....and while I know it is frowned upon in American Culture....there it is really no big deal......

However how will they look upon it in the application process and interview???

Any others experience this???

Thank You in Advance for your replies.....

A friend here has a 40 year difference and no problema at embassy interview or adjusting status interview.
She's 23 and he's 63!
He may have problem if the drug store runs out of Viagra tho!! That's another story!



Thank You for all the replies and comments.......my Fiance doesn't have a problem with my age....nor do her Parents....so I guess all is cool......

To the guy who is 70 with a 19.....SIR you are my Hero.....

jroc
jrocMalePhilippines2009-10-13 07:02:00
K-1 Fiance(e) Visa Process & ProceduresAGE DIFFERENCE
"That made me laugh. I often get the "what language do you speak".

Being originally from Montana and living in the South, I get that now..... I say "It's English Ya'll" . I can imagine when my fiancee speaks tagalog what they will say........

"Wher Y'all frum" R u Yankees?"
jrocMalePhilippines2009-10-12 23:14:00
K-1 Fiance(e) Visa Process & ProceduresAGE DIFFERENCE
QUOTE (Gary and Alla @ Oct 10 2009, 07:57 PM) <{POST_SNAPBACK}>
QUOTE (jroc @ Oct 10 2009, 06:56 PM) <{POST_SNAPBACK}>
Another question....I have been with my Fiancee over a year now...and been to the Philippines many times and stayed together for long periods of time....recently spent 3 months together May-August......before we were together I had other Gf's there who were older.........she and I just click.....here is my question.

She is young and there is about 30 years difference in our ages....and while I know it is frowned upon in American Culture....there it is really no big deal......

However how will they look upon it in the application process and interview???

Any others experience this???

Thank You in Advance for your replies.....


Refer to the pinned topic above. I doubt it will be a problem as it is common for men to be consierable older than their wives in the PI and is not a cultural red flag. If someone else has a problem with it, it is their problem and maybe THEY will have difficulty sleeping at night but I would'nt lose sleep over what someone else thinks of my personal life. You are both consenting adults...best of luck to you!


A big THANK YOU to all of you for you answers and support....
jrocMalePhilippines2009-10-10 20:19:00
K-1 Fiance(e) Visa Process & ProceduresAGE DIFFERENCE
QUOTE (George&Hazel @ Oct 10 2009, 06:56 PM) <{POST_SNAPBACK}>
The age difference is more normal than not in the Philippines.


So you are saying they see a lot of that there in the Interviews?

Not a big deal?
jrocMalePhilippines2009-10-10 19:01:00
K-1 Fiance(e) Visa Process & ProceduresAGE DIFFERENCE
Another question....I have been with my Fiancee over a year now...and been to the Philippines many times and stayed together for long periods of time....recently spent 3 months together May-August......before we were together I had other Gf's there who were older.........she and I just click.....here is my question.

She is young and there is about 30 years difference in our ages....and while I know it is frowned upon in American Culture....there it is really no big deal......

However how will they look upon it in the application process and interview???

Any others experience this???

Thank You in Advance for your replies.....
jrocMalePhilippines2009-10-10 17:56:00
K-1 Fiance(e) Visa Process & ProceduresINITIAL REVIEW?
My NOA1 was mailed from VSC on October 7, 2009.

Ok so now when I enter my case number it shows 'INITIAL REVIEW"

What does that mean?

Do they normally go right from "ACCEPTANCE" to Initial Review?

How do you tell when the package is being "TOUCHED"?

jroc
jrocMalePhilippines2009-10-16 12:28:00
K-1 Fiance(e) Visa Process & ProceduresApplying again for K1 for the same person
Is this correct?

From a Visa Service Website:

Section 832 (D)(2)(A) of the IMBRA Act:

Subject to subparagraphs (cool.gif and ©, a consular officer may not approve a petition under paragraph (1) unless the officer has verified that - ''(i) the petitioner has not, previous to the pending petition, petitioned under paragraph (1) with respect to two or more applying aliens; and ''(ii) if the petitioner has had such a petition previously approved, 2 years have elapsed since the filing of such previously approved petition. (Bold emphasis, mine).

First: A "consular officer" is part of the U.S. Dept. of State, not USCIS (DHS), and MAY NOT approve or disapprove a petition!! So, we have a contradiction created within the law itself. Anyone knows a consular officer works for the U.S. Dept. of State.

Second: A USCIS memo, dated July 21st, 2006, states:

"B. Filing Limitations
IMBRA imposes limitations on the number of petitions a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) may file or have approved without seeking a waiver of the application of those limitations. If the petitioner has filed two or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, the petitioner must request a waiver." (Bold emphasis, mine).

Whoa! That's not what the laws says! The law said, "two or more applying aliens," and not a word about K-1 or alien fiancé(e).

So what's wrong with that? Assume a petitioner filed a petition for a person, the person came to the U.S., and decided not to marry. A year later the couple decided they just didn't know each other well enough at first, but now do. So the petitioner files again. Congress says they can. USCIS says they can't! [Argument on the The Immigration Portal].
jrocMalePhilippines2009-10-16 21:36:00
K-1 Fiance(e) Visa Process & Procedures41% K 1 Fiance Visas Denied?
Sorry I misunderstood...when I saw law school graduate I assumed he passed the Bar....my bad....
jrocMalePhilippines2009-10-17 15:24:00
K-1 Fiance(e) Visa Process & Procedures41% K 1 Fiance Visas Denied?
QUOTE (JimVaPhuong @ Oct 17 2009, 08:46 AM) <{POST_SNAPBACK}>
On further study, the owner of the site is Gerry Gannon. He's a law school graduate, but he's not a member of the Bar Association nor the AILA, and he's got some choice comments about both groups which he calls "self serving" (aren't all trade associations self serving?). He got started dealing with immigration law when acting as a translator for Vietnamese resettlement programs, which may explain where he go his 41% denial figures. Aside from some nebulous claims, his site is pretty interesting reading.

He does take one position that I find particularly interesting - he says it doesn't matter what the policies, procedures, or practices of a government agency are - it only matters what the law says. He goes on to say that government agencies routinely implement policies that are in direct conflict with the law (like we didn't already know that), and says that such policies constitute a crime (I wouldn't go that far). He's pragmatic about this, and realizes that you ultimately have to deal with consular officers in the foreign country (he calls them "visa adjudicators"), so you do what you have to do in order to get the visa. But the premise can be a dangerous one for a reader who takes his position to heart without also applying the pragmatic side of his approach. It's all well and good to say that a particular question on a particular form technically does not need to be answered because there is no requirement for it in law. However, if not answering the question results in a denied visa then you haven't done yourself any favors by butting heads with the consulate. In all fairness, he doesn't advocate that anyone do this. He's mostly just ranting about the inconsistency between the actual codified law and the way it's implemented by government agencies. He's welcome to tilt at windmills, but I think most people are more concerned about getting that one particular visa for their fiancee or spouse.

I do think that his position against forums and immigration attorneys is a bit pompous. It almost comes across as implying that he alone is wise and experienced enough to do this process right, and that average people (like the members of this forum) aren't capable of understanding the law, following instructions, and learning from the collective experience of others. He also makes the blatantly false accusation that forums are "support groups" where people don't share their bad experiences, and therefore have the benefit of helping others learn from them. I've found the opposite to be true of VJ - many people end up here precisely because things have gone wrong and they're looking for assistance and advice.

To his credit, he offers a money back guarantee if your SO doesn't get a visa. Most attorneys only guarantee you'll get the petition approved.


Good detective work.....
jrocMalePhilippines2009-10-17 08:51:00
K-1 Fiance(e) Visa Process & Procedures41% K 1 Fiance Visas Denied?
QUOTE (JimVaPhuong @ Oct 16 2009, 10:57 PM) <{POST_SNAPBACK}>
The lawyer is full of #######. There were 31,692 K1 visa applications processed in 2008. 30,288 were approved, while 1404 were denied. That's an overall worldwide approval rate of more than 95%. Individual consulates can be significantly higher or lower than the average.

http://www.travel.st.../pdf/FY2008.pdf



Here is the link...really trying to sell their services through fear.....also trying to dissuade against forums...

http://www.apexvisa.us/mistakes.html

Edited by jroc, 16 October 2009 - 11:19 PM.

jrocMalePhilippines2009-10-16 23:17:00
K-1 Fiance(e) Visa Process & Procedures41% K 1 Fiance Visas Denied?
I was just reading an Attorneys Website.....he states that "41% of all K-1 Visas are denied....seems like a high figure to me.....is this correct???
jrocMalePhilippines2009-10-16 21:57:00