ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresImmunizations and Medical
When I first contacted my GP the receptionist could only see my injections on their electronic system from the age of 10 and they made me a print out of that. They suggested I contact Child Health Department for my area for earlier records which were only kept in paper form. I had to do a little research as I had never heard of the Child Health Department but I found the relevant one for my county and called them and after a few security type questions they confirmed they had my records since birth until the age of 10 and sent me a record of them within a few days at no charge. It may be worth you checking with your area. I'm not sure about the tetanus question but hopefully someone will come along and answer that.
Hannah BFemaleUnited Kingdom2012-08-08 12:24:00
K-1 Fiance(e) Visa Process & ProceduresCan you marry a US citizen on a tourist visa, and stay?
No jail or prison in america would allow u to take a camera inside or any electronic device. you would be unlikely to be able to take anything in. depending on the facility you may not be allowed to have any contact and you would speak through a glass panel but he would be able to tell u how visits are done. read the guides and research the examples of primary and secondary evidence. photos are only secondary.
Hannah BFemaleUnited Kingdom2012-07-09 18:43:00
K-1 Fiance(e) Visa Process & ProceduresCan you marry a US citizen on a tourist visa, and stay?
My advice is to meet in person and spend time together before you even contemplate marriage. And meet each others families and spend time in the area of america u would be moving to if u can. However if u want to understand your options for when the time feels right for you both to take such a serious step then research the options on this website. Start by reading the guides and the comparison chart. I wouldnt base your decision only on what is easiest to process because of his convictions. There are many factors to consider. You have time to research the process if u r not planning to meet until next year so take your time to make the right decision. And one further piece of advice - i work with offenders in prison as my job of all varieties of crimes and from my knowledge and experience i would say that in many cases a man is often different whilst they are incarcerated to how they are in real life so i really think u should get to know him after he is released. Good luck with everything and let me know if u have any other questions i will try to help if i can
Hannah BFemaleUnited Kingdom2012-07-09 18:21:00
K-1 Fiance(e) Visa Process & ProceduresCan you marry a US citizen on a tourist visa, and stay?
Hi, I am a UK beneficiary and I have a few similaries in my case but I am still in the beginning stages of the K1 process so I will offer what little advise I can for you and for the benefit of others with complicated circumstances I will set out some of the details of my case. I have known my fiance (USC) for 13 years. We dated whilst I was living in the US as a student and have been friends ever since I returned to the UK. He experienced some mental health issues when he was in his early 20's which resulted in a suicide attempt and after some time was eventually diagnosed with bipolar disorder. He became involved with a family he had known since childhood and to cut a very long story short, this led to some unfortunate circumstances. He became involved with the father and son of this family who were heavily involved in drugs (who are now serving very lengthy prison sentences). My fiance became pretty dependent on cannabis during this time as a coping mechanism for his bipolar and was found in the possession of a small quantity of cannabis on two occassions. He also had a short-lived relationship with the daughter who was physcially abusive towards him. Everytime he tried to leave that situation she called the police and said he had hit her. It was a bad cycle which he is fortunately out of but from that bad patch of a couple of years has resulted in some relevant criminal convictions for the I-129F(the possession of cannabis, DWI and misdeamour assault on his ex-wife). It sound horrendous I know and my objection is not to minimise these types of convictions as I understand they are serious. However it is difficult to explain his past in a nutshell so publicly on a website so I just say for now that he has a complex past and has made huge mistakes but has been on the right track with his life for quite a few years now.

Anyway, I explain this because for the purpose of us considering options to be together and get married we too were really nervous about how this would effect our application and whether it would be more suitable to apply for the K1 or get married and go through the spousal visa route. I also looked into the option of adjusting from a tourist visa before I quickly realised it was a high risk option and illegal if you enter for the purposes of marrying and intending to stay (although you can enter on a tourist visa, get married, leave and wait out the spousal visa route from your home country).

From the research I have done I understand that the petitioner having certain criminal convictions (you can find the list of them on the I-129F form) means that there is legislation which places an obligation upon USCIS to be satsfied the beneficiary is aware of a petitioner's criminal past when granting a K1 visa to avoid potential abuse of foreign spouses who marry and move to the US without knowing about these convictions. Unless the convictions are so serious (certain sexual offences and offences against children that fall under the Adam Walsh Act) then the convictions of the petitioner by themselves do not make the petitoner ineligble for pursuing the K1 route, as long as they meet all the standard requirements. However as a result I will expect to be questioned in detail about my fiance's past when it comes to the interview stage. We have also gone to the courthouse together to get certified copies of his convictions which we sent with our application and I have a copy of them for myself. We are still really nervous that this will cause problems for our NOA2 or at the very least will result in delays. But we are almost four months into the waiting game so we shall just have to wait and see.

We didn't decide to go down the spousal visa route (CR-1) but I understand that the petitioner's criminal convictions do not need to be disclosed for the initial application (I-130). I am quite new to this website so I expect others who have chosen this route will be able to offer more comprehensive advice.

I think I am right in saying that you have not yet met your partner is that right? One of the requriements of the K1 visa is to have met in person at least once in the two years immediately prior to filing the initial application and you have to provide evidence of that. This may be more challenging if you are visiting him in prison so you would need to check the requirements of what examples of evidence you could provide. There are really good guides on this forum to explain each option and the pros and cons so you can weight up your options and choose what suits your situation best. Either way be prepared to wait and wait and wait! But I have seen many people ask the question about marrying and staying on a tourist visa and the advice from everyone on this website is don't do it. Its illegal if its planned and high risk.

Hope that helps.
Hannah BFemaleUnited Kingdom2012-07-09 16:45:00
K-1 Fiance(e) Visa Process & ProceduresWhere do I stand with this past?
Most convictions become "spent" at various time periods with the exception of very serious offences but this type of rule is often used for the purpose of fresh criminal matters. For example, if a person has a drugs conviction and it had become spent after five years and then after that he was prosecuted for another drugs offence, the defence could argue that because the first conviction is spent it then it should not be allowed to be introduced as evidence in the second case.

However, this is irrelevant to firehawk as he doesn't have any convictions. If he is asked in a form for the purpose of the visa if he has ever been arrested, or prosecuted for any offence he would always have to respond yes regardless of how much time has lapsed. That isn't a legal requirement it is a fact.
Hannah BFemaleUnited Kingdom2012-07-10 14:50:00
K-1 Fiance(e) Visa Process & ProceduresWhere do I stand with this past?
And one more thing. Generally speaking, a person can only be found not guilty and "let off" on a technicality for offences where they may appear to be guilty where there is a technical element to the evidence. For example where a police search or an identification parade or foresnic testing was not conducted properly or a speed camera was faulty. In cases like common assault, and sexual assault where there is no evidence of physcial injury it often comes down to one person's word against another so much less likely that anyone looking at their case would be able to make a decision that you were guilty but had been found not guilty on a techincality.
Hannah BFemaleUnited Kingdom2012-07-10 13:23:00
K-1 Fiance(e) Visa Process & ProceduresWhere do I stand with this past?
I am a criminal defence solicitor in England so can offer a little insight. When a person's police record is printed (known as a "PNC") there is a cover page stating number of convictions. For you this will say zero. Also within the report will be the details of any court cases and the outcome. In your case the details of the Court and charges on the indictment will be listed and a "Not Guilty" plea will be stated by each of them. You can obtain this from your local police station as a starting point. I haven't yet obtained a copy of the police records that are used for the interview so I can't tell you what the format is but I suspect it will list the same information.

As far as I am aware from the various stages of the K1 visa, you will be asked to confirm if you have ever been "arrested" for a criminal offence and to provide the details so you would not be able to hide it. Unless you are planning to hire an lawyer experienced in this type of case then I think all you can do at this is gather as much documentation as you can. As a few suggestions:

1. In the first instance I would do some research on this website by using the search function to see how this type of issue has been dealt with by other beneficiaries from the UK who have gone through the process. They may be able to offer you some insight.

2. Research the forms you will be required to complete during the K1 process if thats the route you are choosing and you will be able to see precisely how the questions are phrased in relation to criminal convictions/charges/arrests etc.

3. I presumme you were represented by a criminal defence solicitor (and a Barrister if the case was heard in the Crown Court). The solicitors are required to keep their file for 7 years. So I would contact them and ask for a copy of all the disclousre provided by the Crown Prosecution Service. This will include: advance disclosure, the main committal bundle, unused material (this is evidence gathered by the police that the Crown do not choose to rely upon in Court, so often is useful to the defence), your police interview and any attendance notes of the trial itself. This shouldn't take very long for the solicitors to provide depending on where they store their archived files.

4. You could go one step further if you wanted to and apply for a copy of the trial transcript. The way most courts work now is that trial transcripts are kept on tape and stored by a private transcription company. It is less common that the Court actually retains transrcipts themselves because it is so expensive. To do this you would need to write to the Chief Clerk at the relevant Court where the trial took place and provide them with the case number, your name, the dates of your trial, and the Judge who heard the case. Ask the Court where the tapes/or transcripts are held and they should provide you with the company who has them. The contact that company and request a copy of the transcript. There is usually a fee for providing you with a copy and for a four day trial this may be approximately £30-100. I have done this for a few cases where the details of what was said at trial are disputed and it has taken at least a few weeks to obtain so allow time for this if you think you will need it.

Edited by Hannah and Josh, 10 July 2012 - 01:25 PM.

Hannah BFemaleUnited Kingdom2012-07-10 13:16:00
K-1 Fiance(e) Visa Process & ProceduresLooking for Job while K1 Visa on Process. is it good or bad?

My fiancee is going to volunteer when she gets to the US and is waiting for the EAD to go through

It will suck to not make money, but she will build her resume, learn english better, gain friends, and not be bored at my house.


Thats a really good idea. When I arrive in the US and get married I hope to volunteer too as I am sure that after a couple of weeks I will go crazy not having something to do while my fiance (then husband!) is at work. I was also thinking of learning spanish and/or taking up a new hobby so I can get out there and meet people and make friends.
Hannah BFemaleUnited Kingdom2012-07-12 01:07:00
K-1 Fiance(e) Visa Process & ProceduresLooking for Job while K1 Visa on Process. is it good or bad?
I'm a March 2012 filer for the K1 and I plan on working in my home country until February 2013 when my employment contract ends. That way I can save as much as possible for the move which I hope will be beginning of March 2013. I want to be able to buy a car and contribute to the household bills until I am able to work, plus have a little spending money each week, and also have some savings built up in case of a medical emergency or something unexpected. Its hard to predict exactly when the visa will be approved so I planned on around 10 months start to finish. Then you have 6 months to use the visa to enter the US too. Not that most people would want to wait any longer! Remember also that by the time the I-129F is adjudicated its probably going to be around 6 months since you filled in the paperwork and the G325a so its likely the employment information will have changed in that time. I understand you fill in a similar list of employment for the paperwork you send to the embassy prior to the interview anyway. So don't worry, work away!

Edited by Hannah and Josh, 11 July 2012 - 02:18 PM.

Hannah BFemaleUnited Kingdom2012-07-11 14:11:00
K-1 Fiance(e) Visa Process & ProceduresIs it worth getting a lawyer?
We had a complicated case and received noa2 with no lawyer. Just a lot of care and attention to our application, researching our questions on this website and a lot of patience. No lawyer will know your lives and relationship better than u. If u are confident u meet the criteria then i would advise u to do it yourself.
Hannah BFemaleUnited Kingdom2012-11-12 18:40:00
K-1 Fiance(e) Visa Process & ProceduresDelays in receiving interview date at London Embassy
Hi everyone, I was wondering if anyone had recently been issued their interview date? From other K1 filers that filed their I129F around the same time as me (March 2012) and the beneficiary is going through London the waiting time seemed to be around one month from the receipt of the packet 3 and medical by the Embassy and issue of packet 4.

I received confirmation when I contacted the Embassy by phone that their records showed they received my packet 3 and medical by around 27th November and that it would take 4-6 weeks to issue packet 4 with the date. Once that 6 week period lapsed I contacted the Embassy again and they could not understand why I hadn't been given a date yet because it shows as eligible on my file on their system. So they gave me permission to send an email direct to the visa section using a code. I sent that email and waiting 11 days for a response and today they have sent me what looks like a totally generic reply saying they have received my forms and I should hear from them with a date in the next 4-6 weeks. I am gutted, I did not expect to have to wait so long and to be told I have to wait all over again it seems so unfair. I know there was Christmas but surely that would only cause a few days delay?

I just wondered if anyone else was experiencing a similar delay in their case and if there is just a huge backlog for interviews or if it is just my bad luck. I waited 7 1/2 months through Vermont for our NOA2 with no RFE so I feel like my patience is now starting to run out.

Edited by Hannah and Josh, 15 January 2013 - 07:29 AM.

Hannah BFemaleUnited Kingdom2013-01-15 07:28:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa - Getting married before the visa comes through
I am going through london embassy too. I would allow 10-11 months from applying to entering the US. Just to give u an idea of my timeline we sent our I129f on march 19th 2011 and planned on a entry date of march this year. I never thought it would take that long but it has and im glad we planned for a year rather than put any extra pressure on the process by planning a wedding earlier than that. It took 7 1/2 months for approval through vermont with no rfe. Then it moved through nvc and got to london pretty quick in a few weeks. I sent packet 3 and had the medical as soon as i was able to and had all my paperwork ready well in advance. Ive been waiting 8 weeks for an interview date but havent received it yet..In all liklihood i will have the interview early feb then it takes 1-2 weeks to receive the visa in hand from london. This process is gruelling and can be very stressful. I seriously wouldnt make firm wedding plans for august because it would add a lot of pressure to u both. And i wouldnt Advise friends and family booking flights for your wedding until u have visa in hand. It will likely be fall when u get the visa and u never know what bumps in the road u will experience. One idea could be to have a legal ceremony as and when u arrive in the states and then plan a larger wedding party next summer. Fyi - i visited my fiance throughout the process on vwp no problems, even as recently as 2 weeks ago and stated i was visiting my fiance. I always brought proof of my ties to the uk with me in case i was questioned though which i would strongly advise if u plan on making trips over then whilst u wait for the k1. Good luck to u.
Hannah BFemaleUnited Kingdom2013-01-08 15:03:00