ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresShe's starting to worry...
Intention to attend or not attend school as an immigrant is not relevant to a K-1 visa. There is no reason for it to cause a problem; K-1 holders are perfectly welcome to attend school if they so choose.
gwennehFemaleEngland2007-11-16 15:40:00
K-1 Fiance(e) Visa Process & ProceduresSome questions regarding K1
The important thing at the time of filing is that you need to be free to marry. If you could not walk into the courthouse tomorrow and get married, then you need to wait for those papers.
gwennehFemaleEngland2007-11-17 07:50:00
K-1 Fiance(e) Visa Process & ProceduresQuick Question
www.uk-yankee.com has some great answers about this.

The short answer is that yes, it is a far less time-consuming process to get a visa for a fiancee or spouse to the UK than it is to get one to come to the US. Yes, the US Citizen will apply at the British Consulate nearest to them for this visa, either by post or in person. I applied for mine and received it the same day, the whole process including filling out the forms took about three hours.
gwennehFemaleEngland2007-11-18 09:30:00
K-1 Fiance(e) Visa Process & Proceduresinfo on denials
Laura, I wouldn't fret. It could just be something silly your lawyer filled out incorrectly, and just means re-filing! Almost any reason for denial can be appealed, and there are people here who have done just that to share their experiences with you. You'll get past this, it's only one setback and compared to the rest of your lives together, a relatively short amount of time to spend on it, too.
gwennehFemaleEngland2007-11-21 08:59:00
K-1 Fiance(e) Visa Process & Proceduresinfo on denials
There are plenty of denials, and plenty of reasons for denials. The denial can come at any stage - at the petition stage, where USCIS sends a notice of intent to deny to the petitioner, or at the interview where the beneficiary is told in the face to face meeting. Some common reasons include: overstays, not meeting in person within the last two years, Crimes of Moral Turpitude including drug and alcohol related offences, suspected fraudulent relationships, or missing documentation.

People who suspect that they may have a deniable case often go to the interview with the relevant waiver prepared, to shorten the process a bit.

Edited by Gwen666, 21 November 2007 - 08:47 AM.

gwennehFemaleEngland2007-11-21 08:46:00
K-1 Fiance(e) Visa Process & ProceduresSome help
You are wrong, and the information posted is correct - a LPR may file for a visa for a spouse, but they must wait until a visa number becomes available, whereas visa numbers for spouses of citizens are immediately available. Currently the wait for LPR spousal visa numbers is measured in years.

You must be a US citizen to file for a fiance, no exceptions.

Edited by Gwen666, 22 November 2007 - 08:36 AM.

gwennehFemaleEngland2007-11-22 08:35:00
K-1 Fiance(e) Visa Process & Procedureshow to fight a denial?how long does it take?
Laura, it really sounds as though you have a straightforward case - if that's really the situation, then whatever went wrong won't be too hard to correct.

Keep us posted, and I know everyone here will help as best they can.
gwennehFemaleEngland2007-11-22 08:23:00
K-1 Fiance(e) Visa Process & Proceduresfiance visa question
I-129F is part of the K-3 application as well.
gwennehFemaleEngland2007-11-23 20:04:00
K-1 Fiance(e) Visa Process & ProceduresRegarding moving from Australia to the USA.
You're a young, unattached female with little to prove you won't overstay the visa waiver, going to visit your boyfriend - I'd be prepared for extra questions, because frankly there are a few things that would raise a red flag in that. And yes, it would be this difficult - if not more so, Australia's got some *impossible* immigration controls! - if he were to come and visit you. Bring any and all paperwork that proves you're going back - your return ticket may not be enough. Sometimes it is. Sometimes you need more proof - best to have it! A letter from your job stating you're due back, a letter from the school you're attending and the proof that you're registered for courses, current bank statements, credit card bills, etc - these will all help prove you will be returning at the end of your visit.

You can get married while you're in the US on the visa waiver. What you can't do is stay - so you might want to put off finding that apartment unless your guy is willing to live in it by himself while you get the visa sorted. If you get married, you'll have to go back to Australia and your husband will then have to petition for a K-3 or a CR-1 visa for you to stay in the US.

The two of you sound very much like us when we started this whole journey ourselves - not a clue! It's possible to do the things you want, but it's going to take time, patience, and money. Just be prepared for what you're getting into!
gwennehFemaleEngland2007-11-23 15:04:00
K-1 Fiance(e) Visa Process & ProceduresRegarding moving from Australia to the USA.
They will ask you how long you are visiting, certainly. They'll ask what the purpose of your visit is, and who you're visiting.

From there they may just wave you through, or they could ask you in-depth questions such as how much money you've brought, where you're staying, how do you know the person you're visiting, etc. Be prepared, and bring evidence of your ties to Australia! That way, if you are questioned, you can back up what you're saying.

You can always file the paperwork for the K-1 while you're here in March, nothing wrong with getting the process rolling while you're still in the country!
gwennehFemaleEngland2007-11-23 09:13:00
K-1 Fiance(e) Visa Process & ProceduresHELP!SO CONFUSED!!
It's best to prepare it in advance - especially given that your situation includes denied asylum and some status changes - than to not prepare it and have to do so, adding time to your process later.

This is why I said a consultation with an attorney would be prudent; your case is not straightforward, and a qualified attorney will be able to help you prepare adequately for the ordeal you have ahead.
gwennehFemaleEngland2007-11-22 10:22:00
K-1 Fiance(e) Visa Process & ProceduresHELP!SO CONFUSED!!
HERE is a really good thread on waivers in the dedicated waiver forum - you will find some very specific answers there.
gwennehFemaleEngland2007-11-22 09:41:00
K-1 Fiance(e) Visa Process & ProceduresHELP!SO CONFUSED!!
You will be asked about previous visas to the US and you will be asked to explain the status changes.

I would recommend a consultation with a qualified immigration attorney - the refused application for asylum and voluntary departure will probably require a waiver, and you'll need to be prepared for that.
gwennehFemaleEngland2007-11-22 09:35:00
K-1 Fiance(e) Visa Process & ProceduresVisiting on a Visa and the K1 process - Help
if you marry, you are not eligible for the K-1 visa. You will have to apply for a spousal visa.

You can get married in the US on the tourist visa, but then you must go through the process for the proper visa for him to stay in the US - a K-3 or CR-1. He cannot stay in the US on a tourist visa - that is crossing the line into visa fraud. You cannot continue the K-1 process once you are married, so if you intend to get married soon, don't start the K-1. He can come back and forth while the visa (whichever one you choose) is processing as long as he can prove his ties to Jamaica if questioned at the US point of entry, but once the visa is applied for you may find that he will be questioned more closely.
gwennehFemaleEngland2007-11-22 01:16:00
K-1 Fiance(e) Visa Process & Proceduresfew quick questions, help!! k1 visa leave blank or write none?
Don't leave anything blank!
gwennehFemaleEngland2007-12-01 17:04:00
K-1 Fiance(e) Visa Process & ProceduresK-1 denied...
Only by filing a waiver, which may or may not be approved.

How many different ways are you going to ask this? The answer is still going to be the same...
gwennehFemaleEngland2007-12-04 08:24:00
K-1 Fiance(e) Visa Process & ProceduresVisting Fiance in HER country
Not if she brings plenty of proof of her ties to Canada.
gwennehFemaleEngland2007-12-04 10:34:00
K-1 Fiance(e) Visa Process & ProceduresCan I Travel To United States While Waiting For K-1?
I think you'll be just fine with that, Jeraly. In all the times my husband has travelled back and forth while various visas were processing, he's actually never been asked for proof at all. What you have will probably be more than sufficient.
gwennehFemaleEngland2007-12-17 15:11:00
K-1 Fiance(e) Visa Process & ProceduresGoing through US Immigration in Dublin
You'll get more sleep on the plane that way! wink.gif

I found that going through in Dublin was much nicer than any time I've been through in the US. The people in the US are very good, but the people in Dublin were just lovely!
gwennehFemaleEngland2007-12-29 12:35:00
K-1 Fiance(e) Visa Process & ProceduresGoing through US Immigration in Dublin
You don't have to do anything special to go through immigration in Dublin; it'll be automatic. You have to go through it to board the US flights.
gwennehFemaleEngland2007-12-29 11:33:00
K-1 Fiance(e) Visa Process & Proceduresis age a factor in getting the k-1 visa
Sometimes, age is an issue - particularly when one party is much older than the other. Some consulates do look at age very closely.

I don't know if yours is one of them; however, from what you describe I don't think it should be too much of a worry. You meet the legal requirements; you're of the age to marry.
gwennehFemaleEngland2007-12-29 07:14:00
K-1 Fiance(e) Visa Process & ProceduresForeign Tourist Visas
She is still going to be a citizen of Peru, so no, it won't be any easier - it will be the same.
gwennehFemaleEngland2007-12-31 09:59:00
K-1 Fiance(e) Visa Process & ProceduresLosing UK citizenship
QUOTE (thejoz @ Oct 21 2007, 05:35 PM) <{POST_SNAPBACK}>
Like, I can't go to the UK and become a British citizen without losing my own US citizenship.


Yes, you can. I'm a US expat myself and know plenty of US-UK dual citizens, US citizens who have applied for and received UK citizenship without renouncing your own.


From the Department of State website (Link here):

"A U.S. citizen may acquire foreign citizenship by marriage, or a person naturalized as a U.S. citizen may not lose the citizenship of the country of birth...In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship."

You would have to actively renounce your US citizenship to lose it. It's all there on the website.

Edited by Gwen666, 21 October 2007 - 11:48 AM.

gwennehFemaleEngland2007-10-21 11:47:00
K-1 Fiance(e) Visa Process & ProceduresLosing UK citizenship
QUOTE (thejoz @ Oct 21 2007, 05:35 PM) <{POST_SNAPBACK}>
Like, I can't go to the UK and become a British citizen without losing my own US citizenship.


Yes, you can. I'm a US expat myself and know plenty of US-UK dual citizens.


From the Department of State website (Link here):

"A U.S. citizen may acquire foreign citizenship by marriage, or a person naturalized as a U.S. citizen may not lose the citizenship of the country of birth."

You would have to actively renounce your US citizenship to lose it.
gwennehFemaleEngland2007-10-21 11:45:00
K-1 Fiance(e) Visa Process & Procedures??????????????? overstay in us ?????????????
http://www.visajourn...p?showforum=113
gwennehFemaleEngland2008-01-03 11:01:00
K-1 Fiance(e) Visa Process & Procedures??????????????? overstay in us ?????????????
QUOTE (fwaguy @ Jan 3 2008, 11:26 AM) <{POST_SNAPBACK}>
most likely your initial petition will be approved by the USCIS and then your visa will be denied by the consulate... you will then be required to file for a waiver to overcome... many people have successfully filed for waivers


good.gif

That's the answer.

You can be prepared for this by researcing the waivers in the waiver forum and having it prepared before you go to the interview.
gwennehFemaleEngland2008-01-03 10:28:00
K-1 Fiance(e) Visa Process & ProceduresMarrying First Cousin
It would; if you are aware of being related to that person you MUST disclose it - getting caught out will complicate things, to say the least!
gwennehFemaleEngland2008-01-03 12:05:00
K-1 Fiance(e) Visa Process & ProceduresAdvice Please
QUOTE (Fatpossum @ Jan 4 2008, 05:39 PM) <{POST_SNAPBACK}>
I originally thought I might try and come in on a Visa Waiver, marry and apply for a change of status.


That's illegal - coming in on the VWP with the intent to stay is visa fraud. Don't do it.

QUOTE (Fatpossum @ Jan 4 2008, 05:39 PM) <{POST_SNAPBACK}>
1. Will I have to stay in the UK the the whole time this is being processed? I have had this trip planned for a long time and even have a buddy/business partner from the US coming over to join me so he might be a little non-plussed if I cancel. Not to mention, the knowledge gained will set me up for the future.


You will have to maintain residence in the UK, however it is possible to travel to visit the US on the VWP after the process starts. Bring plenty of proof of your ties to the UK when you travel - bank statements, tenancy agreement, letter from your job, school schedule...anything that gives strength to the idea that you have reasons to return to the UK once your visit is up. Having your official visa paperwork, like your NOA1 and 2, can be a big plus.

QUOTE (Fatpossum @ Jan 4 2008, 05:39 PM) <{POST_SNAPBACK}>
2. Is 8 months the average amount of time it takes for the K-1 to be processed?


Depends on the case. You might be that lucky, you might get held in name checks or something else. No one can tell you for certain; all I can offer is that London is very quick compared to some other Embassies.

QUOTE (Fatpossum @ Jan 4 2008, 05:39 PM) <{POST_SNAPBACK}>
3. Is it okay to have a "proper" wedding when I come to the states? I see alot of people have had civil weddings and then had a "proper" ceremony later. Is this due to the legality of the situation or just because its easier to have a quick ceremony on arrival and then plan a larger one later?


This is usually due to the fact that you cannot count on when you will get the visa, so planning a wedding in advance is a bad idea. You also have 90 days to marry from the day you enter the country on the K-1, so many people elect to have a quick civil ceremony to satisfy this while planning for the bigger, more elaborate shindig later. Note: the consulate has NO sympathy for people who have shelled out money for deposits on a big wedding and then have to cancel because the visa hasn't been issued yet.

QUOTE (Fatpossum @ Jan 4 2008, 05:39 PM) <{POST_SNAPBACK}>
4. How much, roughly, does the process cost? As I will not receive my visa for the presumed 8 months, if I do go away to Europe, I will return in may and will have a period of 3 months before I can come out in which it may be difficult to find some temporary work. Ideally I would like to come straight out in May and look to work straight away but I understand this is impossible. I just need to budget as I obviously want to take a good amount of money out with me.


The charges are (but not limited to) the application fee, the medical exam, the actual visa fee, and a few other sundry charges they nickel and dime you with (courier, birth certificate copies, etc).

QUOTE (Fatpossum @ Jan 4 2008, 05:39 PM) <{POST_SNAPBACK}>
5. My fiance is in Med School and does not have a full time job, will this hinder my chances of obtaining a K-1 as she technically cannot support me?


She will have to show an income equal to 125% of the poverty level for the household size, including you. If she can't show that, then she will need to have a co-sponsor who can.
gwennehFemaleEngland2008-01-04 17:08:00
K-1 Fiance(e) Visa Process & ProceduresCan i file as married on my 2007 taxes?
Yes, you can file as married - you file using your status as of December 31st.


Now as to whether you're married filing singly or married filing jointly, that you might want to consult your CPA on!
gwennehFemaleEngland2008-01-08 08:46:00
K-1 Fiance(e) Visa Process & Proceduresdual citizenship n two visas???
Dual citizenship is possible. If your daughter's dual citizenship is granted she will not need to file for a visa.

A link was posted in a previous thread on this same subject, but to paraphrase the information, the birth needs to be registered with the US government in some way. That will begni the process of getting the documents for a US passport for your daughter.
gwennehFemaleEngland2008-01-08 10:40:00
K-1 Fiance(e) Visa Process & ProceduresJoint Sponsor Birth Cert?
I know you need one for the I-864 at adjustment of status. While it doesn't say expressly that the joint sponsor needs one, I remember that we provided one anyway.
gwennehFemaleEngland2008-01-10 09:29:00
K-1 Fiance(e) Visa Process & ProceduresIs my VWP intact?
If you have overstayed you are no longer eligible for the VWP and you may have a ban in place.

Also, if you did not withdraw your petiton for AOS you could have problems with that as well. Happened to the lady in front of us at the airport on one of our visits.
gwennehFemaleEngland2008-01-10 10:00:00
K-1 Fiance(e) Visa Process & ProceduresVisiting during pending K-1 from a VWP country
When we went through the K-1, my then-fiance visited me three times without a problem. On the last time, he was asked to show ties to the UK, which he had (because we knew about it beforehand) in the form of a tenancy agreement and bank statements.

While we've had some nervous flights dreading whether or not he'd get in, we've never had a problem, either through the K-1 or the CR-1 process.
gwennehFemaleEngland2008-01-16 10:09:00
K-1 Fiance(e) Visa Process & Procedureseligibility for I-129 and/or k-1
His savings might do the trick, but I am not conversant with self-sponsoring - someone else will have to come along and clarify that! It is *probably* enough to get you through, but i can't say for certain as I've always gone through the co-sponsor route.

yes, the CR-1 is for spouses. You do not have to marry abroad, just be married (you CAN marry in the US without a visa, he just can't STAY). As with most visas, it's valid for six months once it is issued (meaning it needs to be "activated" by entering the US) so you would have six months to wind up affairs in Spain or the UK before you would have to move to the US. Once you're in, this gets you a green card valid for two years without any additional filing.

For the K-1, you file the I-129F (along with a few other forms, check the K-1 flowchart in the guides). This is the petition to apply. It goes through the local service center based on where you file, where it is approved or denied. If approved, then it goes on to the National Visa Centre and then to the consulate in the UK. At that point, the beneficiary (Daley) is invited to actually apply for the visa. The I-134 is needed at the interview stage, it does not get sent in with the original paperwork.

It's a process of many steps, and the flowchart and guides will really give you a hand with understanding what goes to where and when!

Edited by Gwen666, 16 January 2008 - 03:03 PM.

gwennehFemaleEngland2008-01-16 15:03:00
K-1 Fiance(e) Visa Process & Procedureseligibility for I-129 and/or k-1
1. You need to have a current, US based address to file. A friend's address will do, as long as they can forward post to you!

2. You need to be currently employed and making at least 125% of the poverty guideline for your household size. If you are not, then you can still file as long as you have a co-sponsor - someone who meets these requirements and is willing to provide you with their financial information AND sign a contract agreeing to support the immigrant for 10 years OR 40 quarters of work.

3. Your amount of debt doesn't matter, I have thousands of dollars of defaulted student loan debt (er, we're working on that...) and it never affected either the K-1 process or the cr-1 process.

4. Nothing in life is certain, and the K-1 approval is separate from the approval that will make him a Conditional Permanent Resident. There will be more questions and more scrutiny of the financial situation, but again, if you have a co-sponsor you will be fine.

The Guides will help you decide whether to apply for a K-1 and marry in the US or whether to look for a way to marry in Spain (you won't be able to do it in the UK unless you're on a valid fiance visa) and file for a CR-1 directly. The K-1 is quicker, but the CR-1 means you don't have to file for adjustment of status, that Daley would get his green card issued a few weeks after entering the US.

There are other options, and having been through the UK visa process as well I can confirm that it's a lot quicker but he still has to show that he (or someone else) can support you - a caravan in Spain may not cut it. The rules are much more stringent now about support and housing for an intending immigrant...if you were to want to live abroad, first you would need to marry, then apply for a visa for whichever country you'd like to live in. As the spouse of an EU citizen, that's generally (and comparatively) pretty simple, but the issue of support will come up.

Good luck, whatever you decide!
gwennehFemaleEngland2008-01-16 14:42:00
K-1 Fiance(e) Visa Process & ProceduresRFE FOR CRIMES NEVER COMMITTED!!!!
QUOTE (NavarreMan @ Nov 6 2007, 08:40 AM) <{POST_SNAPBACK}>
All excellent advice.

My $0.02 worth: With every submission that does not clarify, there is a increase in confusion. This is not unusual. It happens in every branch of our government. I would carefully consider each of their requests and ensure that each one is addressed fully and itemized on a letter of explination. An alternative to this would be to schedule an interview thru INFOPASS for a sit down with a case worker. However, make sure that every piece of evidence required to resolve the issue is either on hand at the interview or get a very detailed explination from them of exacly what is needed from the USC to resolve the issue as quickly as possible. A great deal of time is wasted either by you not understanding what it is that they want or them not fully clarifying what they need to fix things. Have them nail it down in bullet statements and then respond with exactly what they ask for. Keep it black and white, get rid of the gray.



YES YES YES

I fully agree...Infopass would be great way to nail it down..and definetly keep it black and white. Excellent suggestion
amrssnowangelFemaleEgypt2007-11-06 08:42:00
K-1 Fiance(e) Visa Process & ProceduresRFE FOR CRIMES NEVER COMMITTED!!!!
Mirla, this is just how I would handle it:

Get updated information from police reports, court documents, arrest records, ANYTHING you sent first time. Get updates. Send in BOTH sets. Use a colored paper to seperate them. On top of that, I'd write a DETAILED letter, readvising WHERE he has lived and when. Stating that all court documents are attached and a detailed explaination of WHY he checked those boxes first time and not this time. GET it notorized. Get copies of his DMV records from the time he was licensed. ANY DUI's or DRUG issues, or ALOT of legal issues will be reported here. (i used to sell auto insurance.I know this.) In the letter reference this back to the court documents as more proof that he had no additional convictions. Follow the RFE letter to the T. Make sure all I's are doted...at t's are crossed. So your packet should include:

ALL old legal documents pertaining to incident that occured
ALL UPDATED legal documents pertaining to incident that occured
NOTORIZED letter of DETAILED explaination address the issues and concerns of VSC
Copy of RFE letter

Paper clip this together. Overnight back in envelope with RED marking on outside that RFE RESPONSE ENCLOSED
Make sure to have it signed for
On EVERY page, write his name, your name, case number, and the statement "ORIGINALS AVAILABLE UPON REQUEST"

Just be sure to give details of why this happened...include your attorney's name address and phone number as well as Pat's. Include the statement that he is willing to cooperate in any way they need to clear up this issue and to feel free to contact him directly. (open book/open door policy)

He wants the letter to be professional, direct and to the point but not defensive.

This isn't a Denial...just they want to clarify why this inconsistancy.

Good luck girl.
amrssnowangelFemaleEgypt2007-11-06 08:27:00
K-1 Fiance(e) Visa Process & Proceduresk1 expedite
I requested an expidite for health..was denied. These are VERY hard to get. I've understood some with major issues have been denied. I didn't have to do a letter. They've changed the proceedure. Call USCIS Customer service. They will ask you questions. Then transfer you to an Immigration Officer that will take your "statement". In about 5 days you'll have your answer. Good luck
amrssnowangelFemaleEgypt2007-10-31 09:37:00
K-1 Fiance(e) Visa Process & ProceduresVISA on HAND!!!!!!!!!!!!!
Congrats!!! smile.gif
kingstonjamaicaFemaleJamaica2007-11-18 15:54:00
K-1 Fiance(e) Visa Process & Procedurespacket 3
congrats!!!
kingstonjamaicaFemaleJamaica2007-11-22 16:28:00