ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresFINALLY
congrats
hafizMalePakistan2006-06-28 00:44:00
K-1 Fiance(e) Visa Process & ProceduresPre-Mail Jitters!!
good luck
hafizMalePakistan2006-07-01 16:30:00
K-1 Fiance(e) Visa Process & ProceduresPacket 4
congrats
hafizMalePakistan2006-07-01 14:18:00
K-1 Fiance(e) Visa Process & ProceduresApproved!
awesome
hafizMalePakistan2006-07-01 17:43:00
K-1 Fiance(e) Visa Process & ProceduresFinally talked to human at CSC and don't feel much better
mhhuuun
hafizMalePakistan2006-05-20 19:04:00
K-1 Fiance(e) Visa Process & ProceduresApproved Today!!!
congrats
hafizMalePakistan2006-07-04 00:07:00
K-1 Fiance(e) Visa Process & ProceduresAdjudications
wow mr. garyc you are getting touched everyday. almost

i wish you good news next week.
hafizMalePakistan2006-07-09 12:15:00
K-1 Fiance(e) Visa Process & Proceduresyay...hey everybody..new to this
cool good luck
hafizMalePakistan2006-07-08 14:47:00
K-1 Fiance(e) Visa Process & ProceduresMilitary officer seeking help...
Since you are married, you are no longer eligible for the K-1 visa in any circumstances. Yes, it will be found out, either at the issuance stage or at AOS. Do not lie-it will only come back to bite you later on in the process, with big and nasty consequences. Yes, you are now required to start again with a spousal visa, as she's no longer your fiancee. How fast that is will probably vary from the average person's case, as there are special rules applying to the military and military spouses that I'm not very familiar with.

And if you figure out how to get #4 to work, my advice is to patent it, market it, sell it to everyone going through this process, and you can retire a wealthy man!
gwennehFemaleEngland2006-04-23 04:16:00
K-1 Fiance(e) Visa Process & ProceduresCan he spend the summer with me???
As long as he can prove he's going home at some point before his 90 days are up (return ticket, letting agreement/mortgage, bank statements, letter from work) then there should be no issue. It's if he has few ties to his home country-particularly with such a long stay, and if he's a frequent visitor-that the officer at the POE may suspect immigrant intent and do some extra questioning.

My husband waited out the entire process in the US with me, but it was nerve wracking every time he had to go through the POE.
gwennehFemaleEngland2006-05-23 08:54:00
K-1 Fiance(e) Visa Process & ProceduresSomething Strange...
I seem to vaguely recall some posts in the AOS forum along a similar line, where they called up and did a spot phone interview with the spouse. This sounds to me like it's the same thing.
gwennehFemaleEngland2006-06-07 07:58:00
K-1 Fiance(e) Visa Process & ProceduresNew around here and finding everything a little daunting...
Urg...you know, I really shouldn't be replying to posts being half-asleep! For whatever reason, I read the post that YOU were the USC and HE was the Brit! I must have spent too long in the sun today!

*ahem*

Coming here on the VWP with intent to marry, stay and adjust status is illegal. If the USCIS decides to call you on this-and they might-you can face a ban from the US and fines out the wazoo. Coming here on the VWP to marry with the intent to go home at the end and have your spouse file for a settlement visa for you is not. Should you go that route, the burden of proof will be on you to prove that there was no immigrant intent-the USCIS does not take people trying to skate around their policies lightly, and can make trouble for you when applying for the proper visa or adjusting status. It is highly, highly unadvisable-mostly because they're on the lookout for people who *are* trying to misuse the VWP, and even legitimate married on the spur of the moment people who are technically NOT abusing the VWP (a quickie Vegas marriage, for instance) have some pretty high hurdles in front of them when trying to prove that there was no prior immigrant intent!

K-1's have changed somewhat since the implimentation of the new IMBRA law, but I see no reason that the UK still wouldn't be one of the less complicated countries to file for. You also have the option of coming here to marry and then going back until the K-3 can be filed, but as I pointed out the USCIS frowns on this, it's not easy to prove you had no immigrant intent, and in my own opinion makes an already stressful process MORE stressful.

And now I'm going to go NOT answer any more posts until my head is cleared! :) Good luck, and hope I didn't confuse you too too much!
gwennehFemaleEngland2006-06-11 13:54:00
K-1 Fiance(e) Visa Process & ProceduresNew around here and finding everything a little daunting...

Is it better to file for a fiancee visa or for me to go visit him there on a temporary visa waiver and get married whilst i'm over there?


Coming to the UK on the visa waiver or a tourist visa will not allow you to marry your boyfriend, not even in a simple registry office ceremony-it is illegal, and no one will marry you. You would have to lay out the £400 or so for a fiance visa to do that. The up-side to that is that if you live close to a British Embassy, you can have your visa in less than a day; the down side is then you have to go home to file the K-3 for your new spouse. Direct Consular Filing is not available in the UK to anyone not permanently settled here, by which they mean you need to have Indefinite Leave To Remain granted-so K-3 would be your only option, if you want to get married here and then live in the US.

Getting a fiance visa for the US takes more time than for the UK, but if your goal is to live in the US this is the best (cheapest) route given the restrictions on marrying here in the UK without the proper visa. The UK is not a particularly difficult country to file for (unlike some poor folks from what are considered "high-risk" countries) and if you have a straightforward case-no messy divorces and no criminal records-filing it yourself is entirely possible with the help of the guides. As you can see from my own timeline, we got through the process at lightning speed with the help of VJ. The idea of using a lawyer never crossed our minds; indeed, there have been some "lovely" stories about how lawyers can needlessly complicate things!

Good luck on your journey, and may you both be together soon!
gwennehFemaleEngland2006-06-11 13:38:00
K-1 Fiance(e) Visa Process & ProceduresK-1 visa confusion

1. Because we have always driven across the border to see eachother I do not have any stamps at all in my passport, nor plane tickets or anything like that. We stayed in two hotels during the first year (out of town weddings) and I will contact both the venues to see if I can still get duplicate receipts. However, if this is not the case will credit card and bank statments showing that I have spent money in the US suffice as proof that we have seen eachother in the past 2 years when filing the I-129F? We have MASS quantities of emails saved to prove the 'ongoing relationship' part.


The "ongoing relationship" bit is not nearly as important as being able to prove that you have met-hotel receipts and credit card statements prove you've been to the US but not that you've actually, physically met your fiance. Make sure you include plenty of concrete evidence like photographs to back this kind of thing up!

2. How long (approx.) between initially filing the I-129 and then filing for permission to travel? Is this the 30-90 day period? or is this more like the 4 - 6 month period?


Permission to travel is not necessary after filing the I-129F. Up until your visa is issued you do not need any more permission than normal to cross back and forth; it is after the visa is issued that this becomes a different story. Advanced Parole-permission to leave the US before your conditional green card has been issued-comes into play after you have married in the US but before adjustment of status.
gwennehFemaleEngland2006-06-12 00:24:00
K-1 Fiance(e) Visa Process & ProceduresK-1 visa confusion
Welcome to VJ!

First of all, your lawyer seems slightly confused. You cannot "drive across the border for a visit and then file for K-1 status." K-1 visas require an interview and medical exam in the beneficiary's (your) home country; it cannot be done in the US. You can apply for the K-1 visa while you are on a visit to the US-as there is lots of paperwork for both the petitioner and the beneficiary involved, it's not a bad idea as long as you're sure you have EVERYTHING you need in order to assemble the I-129F package-but you will have to go home for the interview and the medical. I don't think he was advising something illegal as much as giving somewhat confused advice, and as the immigration process is confusing, there's a lot of that going around!

Whether the K-1, K-3, Direct Consular Filing (this may or may not be available to you, I don't know) is fastest, who knows? The processing times for visas fluctuate madly, particularly now with the new IMBRA laws being enacted. Generally speaking, it will depend on your country-for the best bet, check the timelines on this site.

It is not strictly true that you cannot visit the US while filing for a K-1. Many people, my own fiance included, have done just that. What you do need to realize is that you need to be able to prove beyond a doubt that you will be leaving the US at the end of your visit. Ties to your home such as a lease or mortgage, letter from your job, bank statements, return flight ticket-all of these will make it easier to prove this to border patrol. It is at the discretion of the officer at the point of entry as to whether to allow you in or not. You may get grilled for hours, you may get a few questions about your K-1, you may get a smile and a wave on through (we got the latter most of the time!)-just be prepared for the possibility that you may be turned away as well. It shouldn't affect your visa petition, even if the worst happens.

As for question five, I think I answered that in the beginning-yes it is legal for you to file while you are in the US as long as you go home before your entry clearance runs out, just like any other visitor. Russ and I did just that; know you're very very lucky to have this as an option, as many couples around here do not (and I admire them their perserverance, too!).

My husband stayed in the US for most of the process, barring the medical and the interview. It did not affect our case in any way, but on his last visit to the US prior to the interview he was told not to come back until he had the proper visa-not denied entry, just told next time he would be. Fortunately we came back triumphant and all went well.

Visajourney is better than any DIY kit you could purchase. I think if you have a straightforward case (no divorces, no convictions or criminal record) you should be fine. Just ask if you get confused, you're not alone and you won't be the first person to ask about it all!

Welcome to VJ, and hope you get smooth sailing!
gwennehFemaleEngland2006-06-11 14:47:00
K-1 Fiance(e) Visa Process & ProceduresQuestion regarding school with k1
She will still be an international transfer student. Universities vary in their policy on this one; most require out-of-state/country tuition until residency for a period of time (how much varies by school) can be proven. She will not need any further visas, K-1 visa holders do not have to meet the F-1 requirements nor do they need any additional visa.
gwennehFemaleEngland2006-06-13 16:38:00
K-1 Fiance(e) Visa Process & ProceduresPlease help answer urgent question!
1. Yes, but be careful with this-many places recognize "religious" ceremonies as marriage under some form of the law. I would not risk it.

2. No, because you've already filed the I-129F-there is going to be no way for you to prove that this is spur-of-the-moment. Remember, in your I-129F application package, you submitted letters of intent! This way will not work for you, sorry.

3. Who knows?
gwennehFemaleEngland2006-06-23 08:05:00
K-1 Fiance(e) Visa Process & ProceduresQuestion regarding Fiance visa
It is not illegal to enter on the VWP to get married. Keep in mind, however, that you will have to go home at the end of the 90 days just like any other visitor-the VWP is *not* for immigration purposes and to do so can cause repercussions for you down the line. You will be asked to prove that you did not have intent to immigrate when you entered, and the burden of proof will be yours.

You can, however, come over, marry, and file for a spousal visa (k-3). So yes, you are on the right track, so long as you understand that attempting to immigrate using the VWP *is* visa fraud and you will have problems if you try and do so.
gwennehFemaleEngland2006-06-24 04:50:00
K-1 Fiance(e) Visa Process & Proceduresco-sponsor clarification obligation
Unless the petitioner is a part of that household, no, the petitioner would not be counted. Only the co-sponsor, the members of that co-sponsor's household, and the beneficiary would be counted to make up household size.

For example: my father co-sponsored for us. I do not live at home and have not since I was 18. So, the household size listed was 4: mom, dad, my brother, and the beneficary-my fiance.

That was the answer I got, way back when I asked the same question long ago! Hope that helps.
gwennehFemaleEngland2006-06-24 04:45:00
K-1 Fiance(e) Visa Process & Procedurescould anyone help please!!!
K-1 and K-3 are roughly equivalent in terms of time; the K-3 may be slightly longer.

As to getting married in the US, it depends on what state you are in. In some places it may not be possible, since they may require a social security card. Some places may just ask for your passport. Call up and ask, because sometimes even if they say they need a social security number they may be able to make exceptions (they did for myself and my husband). Good luck!
gwennehFemaleEngland2006-06-26 08:55:00
K-1 Fiance(e) Visa Process & Procedurescould anyone help please!!!
Wow, how dyslexic was my reply?! I hope you understood that!

I has a degree in English too, I swear.

Gwen
Doing credit to good ol' R.U.'s English program wherever I go

Edited by Gwen666, 26 June 2006 - 08:04 AM.

gwennehFemaleEngland2006-06-26 08:04:00
K-1 Fiance(e) Visa Process & Procedurescould anyone help please!!!
You have a few options!

You could marry now and file for AOS, as you didn't intend to immigrate. There are a few things that you shuold know: first, you need to be able to concretely prove you had no immigrant intent when you came to the US. This is sometimes difficult, but you could use a copy of a lease or mortgage in the UK, your return ticket, anything that proves you were really intending to go back to the UK at the end of your stay. Second, you cannot leave the country before AOS is completed, or you will have to start over again and file for K-3. Third, you won't be able to work until you have your EAD, which will be a few months. So if you are cmofortably supported by your SO, don't have to go back to the UK for anything for the next few months, and can manage to prove that you didn't intend to stay when you got here...you can marry and file for AOS.

You could als marry, return home, and have your spouse apply for K-3. Alternatively, you could not marry and have your fiance apply for the K-1. Both of these optinos do require an interview and medical exam which are only conducted in London. Obviously these options require you to be in the UK for at least the medical and the interview.

You ahve plenty of options, you may want to discuss them with your SO first and see what plans you can make!
gwennehFemaleEngland2006-06-26 07:03:00
K-1 Fiance(e) Visa Process & ProceduresVists on VWP while K1 request is being processed?
Yes, provided that she comes armed with adequate proof that she will be returning to Germany: lease or mortgage, letter from job or university, etc. She should also be prepared to be turned away as it does happen. It depends on the officer at the POE.
gwennehFemaleEngland2006-06-27 15:50:00
K-1 Fiance(e) Visa Process & ProceduresVisiting the US Visa Waiver Program
As long as you have sufficient ties to prove that you will be returning (return ticket, lease, letter from work, etc.) in the event that you *do* get questioned, you shouldn't have a problem. Since you have stayed here before, it is possible that you will be looked at with closer scrutiny, so be prepared. My own husband did it, so it certainly is possible; although he was questioned very closely on the last visit before we giot the visa. He had his tenancy agreement, a letter frmo his job, bank statements, the visa paperwork thus far, and a return ticket to back him up, so they let him through.
gwennehFemaleEngland2006-07-10 03:55:00
K-1 Fiance(e) Visa Process & ProceduresCan this cause problems?

I'm sorry but I have to make this comment after getting the reply from anitacastillo:
Number one- the soldiers are doing their JOB. They have ORDERS and once given an order you HAVE to follow that order.You don't need to come up with your ####### ok.I have many friends who served in Iraq so has my man and I'm PROUD of him!!!!!
Not one of them soldiers asked to get injured or killed,they went down heir to serve their country!
And by God I have a lot of respect for each and every single one of them.By your name I take it you're Italian,guess what if you don't want your tax to pay for "legs" then get back to Italy!!!!!!!!
My man and I gladly pay our taxes and if that is what they're used for then so be it.Maybe you ougt to talk to some service members before you make such nasty statements!
I'm not pro war but I definitley am pro soldiers!!!!!!!!!!!


Natasha,

It's not worth getting into it with some people on internet forums. Don't let the comments get to you! My ex-fiance is a veteran, so I know exactly how you feel, but arguing your stance on here is completely and utterly pointless (not to mention better left for the off-topic forum!)
gwennehFemaleEngland2006-07-11 05:48:00
K-1 Fiance(e) Visa Process & ProceduresMarriage in the US live in the UK

Average time is 8 days to two weeks for them to process the case (you send the Uk persons finance/work information and proof of the relationship and show that you have enough between you and a place to live - very simple).


I went to the consulate in person to make my application and was approved and had my visa in two hours-same day service! If you're close enough to a consulate, I highly recommend that route!
gwennehFemaleEngland2006-07-11 08:11:00
K-1 Fiance(e) Visa Process & ProceduresMarriage in the US live in the UK
The K-1 visa is a one-time use entry visa. After you enter the country to get married, the visa is cancelled. If you leave before adjusting status is complete, the process must be begin all over again if you want to come back to the US for anything more than a short visit. Even if you do wait and complete AOS, the non-USC cannot be out of the US for a long period of time or it will be seen as abandoning residence, and you're back at square one. Basically, if you enter on a K-1 and then leave, you cannot adjust status pertaining to that K-1; you will need a K-3 or some other method of visa before you can return to the US to live.

As far as going to the UK, getting a spousal visa is easy (particularly if you still have all of your documents from the K-1). You can get the forms from the UK embassy nearest you. www.uk-yankee.com is a site which deals with moving to the UK for US citizens.

Edited by Gwen666, 11 July 2006 - 07:29 AM.

gwennehFemaleEngland2006-07-11 07:25:00
K-1 Fiance(e) Visa Process & ProceduresFiancee visa help....!!!

But why do I even waste my time with people who just make fun of my relationship ....[/size][size=5]


Probably for the same reason we wasted our time giving you advice and asking you to fill in your timeline. That's ten minutes of my life I'll never get back, thanks.
gwennehFemaleEngland2006-07-13 03:31:00
K-1 Fiance(e) Visa Process & ProceduresFiancee visa help....!!!
Daisy. Seriously.

Since you have both an overstay AND an RFE, no one can give you an estimate because NO ONE KNOWS. For all we know, you could be denied at the service center level and never even get a NOA2.

It takes as long as it takes. That is the only answer we can give you because it is, frankly, the only answer there is.
gwennehFemaleEngland2006-07-06 03:46:00
K-1 Fiance(e) Visa Process & ProceduresFiancee visa help....!!!

Can somebody give me any idea how to return to the US sooner and reunite with my fiance?I really don't want to wait through this very long process for me ...


Get a lawyer. YOU NEED A LAWYER. That is the best advice you've gotten in this thread and the best you're going to get.

Forgive me for sounding unsympathetic, but you overstayed illegally and brought this upon yourself. If you want to get through it, you're going to need legal help.
gwennehFemaleEngland2006-06-28 07:47:00
K-1 Fiance(e) Visa Process & ProceduresFiancee visa help....!!!

I have never been finger printed ....

I have never been finger printed ....


Doesn't matter. Yes, they will know you overstayed.
There are thousands of little ways.

Did you work? Did you have a bank account? Did you rent a video from the video store? Believe me, if you (or anyone else) ever so much as put your name down on a piece of paper while you were here past your alloted time, they will know that you overstayed. There are frightening amounts of information available on a person that will be used in the background checks, and your overstay will come up. Don't pretend that it won't be a problem and hope that USCIS will simply ignore it-they won't. Lie, and get a free lifetime bar from the US as a parting gift.

Get an attorney. You have a long way to go yet!
gwennehFemaleEngland2006-06-26 05:03:00
K-1 Fiance(e) Visa Process & ProceduresFiancee visa help....!!!

And what would happen if she and her fiancé got married in HER country and then file for a K3? Would it be the same complication? Just asking...


Absolutely. An overstay is an overstay, and makes her just as ineligible for a K-3 as a K-1. It would be the same waiver process.
gwennehFemaleEngland2006-06-26 00:54:00
K-1 Fiance(e) Visa Process & ProceduresFiancee visa help....!!!
Your situation is probably one that would best be handled by an experienced immigration attorney, honestly. Yes, the denial will be automatic given your overstay. Since your overstay was for so long, it's something an experienced lawyer should really look at-there are a lot of laws governing overstays and the associated penalties, and you need to be speaking to someone familiar with those specific laws. As desert_fox pointed out, you are looking at a 10 year bar, which a waiver can remove if it is approved.

Good luck. You have a long road ahead, just remember what waits at the end is worth it!

Your situation is probably one that would best be handled by an experienced immigration attorney, honestly. Yes, the denial will be automatic given your overstay. Since your overstay was for so long, it's something an experienced lawyer should really look at-there are a lot of laws governing overstays and the associated penalties, and you need to be speaking to someone familiar with those specific laws. As desert_fox pointed out, you are looking at a 10 year bar, which a waiver can remove if it is approved.

Good luck. You have a long road ahead, just remember what waits at the end is worth it!
gwennehFemaleEngland2006-06-24 08:28:00
K-1 Fiance(e) Visa Process & ProceduresCan I visit my fiance in the US after filing the petition?
This question gets asked all the time. The answer is "Yes." you can. Just bring plenty of ties to your home country to prove you'll be going back.

As far as what to tell immigration, tell them only what you need to. Answer questions as they're asked, but don't volunteer more information than you need to.
gwennehFemaleEngland2006-07-13 08:55:00
K-1 Fiance(e) Visa Process & ProceduresAfter all the stressing
congrats!!
Angel7422FemaleEgypt2006-06-05 21:40:00
K-1 Fiance(e) Visa Process & Proceduresbreaking up
Glad to hear about the reconciliation
Angel7422FemaleEgypt2006-06-05 21:47:00
K-1 Fiance(e) Visa Process & ProceduresMy visa is here too!!
Congratulations!! :dance:
Angel7422FemaleEgypt2006-06-17 17:00:00
K-1 Fiance(e) Visa Process & ProceduresI-129f problems
I'm wondering if your I-129F didn't already get approved, go through NVC, and get sent to the Consulate in Mexico and you just didn't get the NOA2. The mailing address for the US consulate in Mexico is in El Paso, TX. I would definitely recommend getting your congressman to look into this for you - they have people in their offices that do this daily, and may be able to get an answer for you. We had to get a senator involved at one point since we never got NOA1 (and therefore no receipt number to track with), and they were able to get a copy of the NOA1 and receipt number for us.
InLoveInMexicoNot TellingMexico2006-06-07 14:17:00
K-1 Fiance(e) Visa Process & ProceduresI think my mind will blow
Nad, u ask some good questions. first hi and welcome to VJ. u said u r living and working in the UAE, and that kinda brought somethings to my mind. my first visit with my husband(we met online) was in the UAE also. Diera, Dubai to be exact. Im not sure if this rule still applies, but unless you are a permanent resident or citizen of the UAE, u would not be able to marry there. And Im not sure if you could have your visa interview there also. Now im just stating what I knew of a few years ago, things could be different now. If you 2 decided to get married there(if possible), ur fiancee just have to file the k3 or CR1. About the age difference thing, it just depends upon the embassy and the CO performing the interview. Sometimes a person can luck up and not have any problems w/the interview and then sometimes the interview can be a "nightmare." Just take your time and weigh your options. Find out whether or not those rules i told u about still exists b4 you make plans to do anything when you fiancee gets there. Hope I have been a lil bit of a help.
Sweetee
sweeteeFemale02006-05-24 06:58:00
K-1 Fiance(e) Visa Process & ProceduresPre-Application worries
If your fiancee will still be in college once she sends the I-129F(petition) that's no problem. However, when you have to go for your visa interview at the embassy abroad she will need to send her 3 last tax returns accompanied by a letter of employment on company letterhead from her employer. If her financial status is not enuf to support you and her, she will DEFINITELY need a co-sponsor. So maybe you guys may want to look into that right now.
Sweetee
sweeteeFemale02006-05-28 17:05:00