ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Case Filing and Progress Reportshow do you guys stay in contact with your significant other?
We used Magic Jack and had no problems. When my wife moved to the states she wanted to keep in touch with everyone. Now I six of them all over the Philippines. Local call to all from my cell phone or land line.
DaveEMalePhilippines2011-02-02 11:35:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsWhy does even Senator or Congressman not work for us ??
Congressional staffers know it will take six or seven months. When they ask the question of USCIS and it is approved they take the credit for it although it was happening anyway. In my other life we would get congressional enquiries. They had absolutely no effect on the process other than we were obligated to answer them within 72 hours.

Second part of the equation is that our petitions are for non US citizens (non voters). Most (not all) congressional staffers will really just placate you, play nice, and try to keep your vote.
DaveEMalePhilippines2011-04-07 09:59:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsI travelled, I proposed, she accepted... the journey begins!
Welcome. Get ready for the journey of your life.

During the journey you will cuss, USCIS, USEM, NSO, and NBI. Days will seem like years. You will think documents got lost and sweat blood waiting for "delivery confirmations".

I made six trips to the Philippines during the K1 process, not because I thought it would help, but because we missed each other so much.

My one most important singular piece of advice is: Don't bother cleaning your house before she arrives. One of the first tasks of a new filipina fiancee/bride after arriving here is to show you how lacking your housekeepings skills were.
DaveEMalePhilippines2011-12-23 10:14:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsUS war veteran applying for k-1 (I might also start working for the fed. Gov)

First I would like to state I am only 32 yrs old, in case the word "veteran" makes you think I'm old hehe :)
Anyways, I served in the Marines as an infantry for 4 years, I went to Iraq twice, and got all kind of good medals, I'm also receiving VA benefits, and I am trying to Bring my gf to be with me to get married.
My question is simple, does the USCIS takes any special consideration to veterans, does the process is quicker, and easier or is it the same for everyone?
If it is the same, that is okay, I was only wondering.

Ps" as a second question, I might also get a job working for the US Government, will that help as well?( please answer this as a second question, since I'm not sure yet, it all depends if money is good)

Thank you in advance!



Nothing for Veterans - active duty can get expedited in some cases, but not separated or retired. Working for the government doesn't do anything for you either. Ask me how I know the answers to these questions lol.
DaveEMalePhilippines2012-09-21 11:01:00
Middle East and North AfricaEffects of many visits?
I think it helps. I did six visits to the Philippines, and the interviewere mentioned that I must be serious. Lol, actually I was going empty handed and bringing back suitcases of her clothes.
DaveEMalePhilippines2011-03-30 07:45:00
Middle East and North AfricaWhat happens at the port of entry?
My wife and step daughter flew in to Detroit. Could have been a giant issue, but the immigration folks were polite and courteous. It seems that the US Embassy in Manila had given both my wife and daughter K1 visa's. My step daughter should have been K2. Even with that problem and getting it straightened out, they were out of immigration in about an hour. They did tease my wife about sending her 14 year old daughter to the states on a K1 visa to get married.

Edited by DaveE, 12 July 2012 - 10:05 AM.

DaveEMalePhilippines2012-07-12 10:05:00
IR-1 / CR-1 Spouse Visa Process & Proceduresgetting married but applying k1 or b2?
You don't want to end up like this couple. Successful Doctor in the states 25 years. ICE found out he lied about his marital status when he came to the states in 1978, and initiated deportation proceedings for lying. Don't know what the final result was, but don't think you want to have this sort of thing hanging over your head.

Doctor to be deported
DaveEMalePhilippines2011-04-19 10:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-1 Interview

I asked a my tax professional and he said per IRS Pub 519 we can't legally file anything but single because she doesn't meet the physical presence test and that he was going to draft a letter to Immigration for me to bring to the interview stating these facts. I just want to get this right. My wife had no income either in 2010 so it would only be to my benefit as well.



Here is a cut an paste from 519: "Nonresident Spouse Treated as a Resident
If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. This includes situations in which one spouse is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other spouse is a nonresident alien at the end of the year.

If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire tax year. Neither you nor your spouse can claim under any tax treaty not to be a U.S. resident. You are both taxed on worldwide income. You must file a joint income tax return for the year you make the choice, but you and your spouse can file joint or separate returns in later years.

I am certainly not a tax guy, but as I understand it, a non resident alien in one who doesn't meet the physical presence test, yet this says you can file jointly.
DaveEMalePhilippines2011-09-28 15:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-1 Interview

FYI I just filed my return and I'm getting a huge refund. It wasn't ever about trying to not pay taxes. What I'm really afraid of is the IRS. Technically, I should file my 2010 return as married filing jointly since I was married in 2010 but my wife doesn't have a SSN for obvious reasons. I could've gotten her a TIN but in the future when she does have a SSN it could cause problems with the IRS. So I was trying to wait for her to arrive this yr, get a SSN, and file together for 2010.

The sad part is I hired a lawyer to help me with this case. She originally told me that the extension form 4868 was all that was necessary and to provide the returns for 07-09. Then the NVC said I needed letter 1722 which she never informed me of and knew nothing of. And she never informed me that my foreign earned income would not count for anything. And I didn't want to file my 2010 return after the NVC approved it because I didn't want to change what was already approved. If what everyone is saying in this forum is true, then my real lawsuit is with the lawyer who I paid to make sure there were no mistakes.



Tread lightly with Consular Officials. There decisions are basically not reviewable. You say technically you should file as married, there is at least one case where the CR1 visa was denied because the husband did just what you are planning to do. I doubt that it is the norm, but it does show how some CO's think.




CR1 denied because husband filed taxes as single

Edited by DaveE, 28 September 2011 - 11:24 AM.

DaveEMalePhilippines2011-09-28 11:23:00
IR-1 / CR-1 Spouse Visa Process & Procedures13 working days, NVC have STILL not banked the cashier's check
I'm sure you are going to be fine. It is just very very slow. I sent a personal check for every transaction I made. Sometimes it was a week after the check was cashed (check status online), before they gov't notified me that all was well.

Hang tight you will get there.
DaveEMalePhilippines2011-10-03 14:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-1 Visa after K-1 denied
You will have to overcome the same reasons that your K1 was denied. If they thought the fiancee visa was for immigration purposes then they most likely will think the same about the marriage. Lots or relationship proof will be necessary.
DaveEMalePhilippines2012-02-18 16:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow to find your congressman?
A congressman will get an answer to their questions. However, the answer may well be that you are still within normal processing time. Basically it is an email back to the Congressmans' assistant who works immigration issues. My Senators assistant just forwarded the email from USCIS to me, where they basically told both of us to shut up and color.

Getting a congressman involved seems like to big deal to us, but to USCIS it is an everyday occurance and hardly worthy of notice.

Edited by DaveE, 14 March 2012 - 10:18 AM.

DaveEMalePhilippines2012-03-14 10:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWife Filed tax 2011 as Single, is there impact on Visa issuance
Tax issue




There was at least one lady here who had issues during the interview because her husband filed as single.
DaveEMalePhilippines2012-02-17 23:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHas ANYONE filed single on 2011 tax returns and gone to the interview?
All I can say is that you are not single, and this lady had her visa delayed because her husband filed as single. You have to do what you think is right though.

The answer to your question is yes, many people have reported on this forum that they filed as single and it didn't cause any problem.




Tax status

Edited by DaveE, 29 March 2012 - 11:27 AM.

DaveEMalePhilippines2012-03-29 11:24:00
IR-1 / CR-1 Spouse Visa Process & Proceduresis today a govt holiday
It is a Federal Holiday. All Federal offices, banks, post offices, and our schools were closed. If fact our schools are closed for the entire week for "fall break".
DaveEMalePhilippines2012-10-09 03:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarried in Philippines or Married in US? Which is legally?HELP!!!!

The reason he wants to marry and take  my cousin to US because they have kids. The ist wife dont have kids. And they are not together anymoore.

 

 

There was a story in the news about a filipino doctor and his wife that lied to immigration 25 years ago. When immigraton found out about it 25 years later they immediately started deportation proceedings.

 

They really don't want something like this hanging over their head for the rest of their life. The US government has been known to check with Philippine authorities concerning marital status. Thats what happened with the good doctor.

 

Bottom line is that it would be an illegal marriage since he is already married. If they don't terminate it correctly, it will always hang over their head.  One never knows when a vengeful or jealous person sends an email to the US Embassy. Manila and tells your cousin's little secret. It happens, not always, but it does happen.


DaveEMalePhilippines2013-09-11 07:03:00
K-1 Fiance(e) Visa Process & ProceduresCase number not recognise and changing of address
For ours (about six months ago), the Case number on the original receipt was not the same Case number when it was transferred to the National Benefits Center. They gave us a different number when it was transferred and we could track it.

HTH

Dave
DaveEMalePhilippines2011-01-30 04:32:00
K-1 Fiance(e) Visa Process & ProceduresInterview
Wait a minute. People come here and ask for advice based on other peoples experience and knowledge. Just because something did, or did not happen to you, does not make that advice or experience invalid.

My wife and I went fully prepared for our AOS interview, a ton of documents and photos. We were confident because of what we had read and learned here. The fact that OUR interviewer didn't look at any of our documents and only asked one question is irrelevant. MOST people get asked for lots of relationship proof. Just because we weren't doesn't make the advice to be prepared irrelevant.

This is great forum and we should appreciate it. You want a lawyer's advice, hire one?

Edited by DaveE, 04 February 2011 - 09:48 AM.

DaveEMalePhilippines2011-02-04 09:47:00
K-1 Fiance(e) Visa Process & Proceduresthe USCIS site doesnt work?!?!

I've also been trying to check my husbands status for his oath date. Have had no luck. Says the server is down.
Hopefully will be up and running tomorrow!

Good luck!



I think they announced it would be down the 5th and the 6th.

Edited by DaveE, 06 February 2011 - 01:37 PM.

DaveEMalePhilippines2011-02-06 13:36:00
K-1 Fiance(e) Visa Process & Proceduresi129f approved in less than 1 month???

Thanks, Dave. I'm stunned.

After the interview it takes the Manila embassy 33 days (on average) to process the visa, correct?


I don't know about todays timeline, but last summer it didn't take nearly that long after the interview. As I said, after the interview they needed one more document. Two weeks after we provided the additional NBI clearance, the visa was delivered by courier. It was funny for us though. My wife's 14 year old daughter was coming also on a K2 visa. We didn't realize it at the time but the US Embassy Manila gave her a K1 visa the same as my wife. At POE Detroit my wife was shocked when they asked who the 14 year old was going to marry. The Immigration folks were jokingly giving my wife a hard time and then gave her a document changing the K1 to K2 and in big letters said "error on the part of US Embassy Manila".
DaveEMalePhilippines2011-02-17 22:14:00
K-1 Fiance(e) Visa Process & Proceduresi129f approved in less than 1 month???
Yep, everything will get sent to Manila. She will be assigned a case number beginning with MNL in a few weeks. Once you have the case number she can schedule her physical at Saint Lukes and assemble all the documents she needs. Then she can schedule the inteview at the Embassy. You guys haven't been together long, so gather all the "proof of relationsip" stuff that you can.

I submitted mine in January last year. My wife, (then fiancee), came to the states in July, and we had a three week delay. This was bacause at the interview the Embassy wanted an additional NBI clearance for a misspelling on her birth certificate.

After the case number was assigned my wife got a packet by courier from the Embassy detailing everything she would need.


Best of luck

Dave
DaveEMalePhilippines2011-02-17 21:18:00
K-1 Fiance(e) Visa Process & Procedureslittle problem with k-1 visa
Also, at the interview in Manila, they will require NBI checks for every name used, including alias's. She will have to explain to the CO why it was necessary to use an alias.

Second issue - (this was currect as of six months ago when we went through it). The beneficiary cannot request the Japanese police clearance. After a MNL case number is assigned, the beneficiary must go to the US Embassy Manila and inform them that she lived in Japan. They will then provide her a formal request to carry to the Japanese Embassy requesting a police clearance. The Japanese Embassy in Manila will not accept a police clearance request from an individual. The request must be on US Embassy letterhead. The police clearance will come back in a sealed envelope to be opened only by the US Embassy. The real issue I see here is that the US Embassy is going to request the police clearance in the name of the beneficiary of the fiancee petition. Don't know how the US Embassy will react when she tells them to request a police clearance in multiple names.

The only up side to this (if there is one), is that the Japanese officials did not pursue the matter when they were notified. The fact that they allowed your fiancee to stay in country for another few weeks may be a positive thing. My advice is to get a good attorney and make sure nothing is being withheld. The consular affairs offices have seen it all, you will not fool them.
DaveEMalePhilippines2011-03-08 10:36:00
K-1 Fiance(e) Visa Process & ProceduresK2 illegitimate child
Actually it might be a blessing in disguise. If the fathers name was on the birth certificate, then you might need his written permission to bring the child to the states. If there is no fathers name listed, then it is a non issue.

Edited by DaveE, 22 March 2011 - 05:49 AM.

DaveEMalePhilippines2011-03-22 05:49:00
K-1 Fiance(e) Visa Process & ProceduresK1 denial or refusal
There was a person who posted recently that he was denied. Said that he just submitted the I-129F form and a check. Didn't read the instructions and didn't submit anything else.
DaveEMalePhilippines2011-06-18 19:43:00
K-1 Fiance(e) Visa Process & ProceduresVisa received from USEM Manila but partly opened/damaged
My wife says that one corner of hers was cut also. No mention of it at POE.
DaveEMalePhilippines2011-07-19 19:11:00
K-1 Fiance(e) Visa Process & ProceduresHELP, AFFADAVIT in lieu certificate to marry-> fiancee visa
Nothing happens. I got one and then we decided to go the K1 route. I still have the legal capacity from the US Embassy document in a frame for nostalgia.


You use it or you don't, the Embassy doesn't care.
DaveEMalePhilippines2011-08-12 08:29:00
K-1 Fiance(e) Visa Process & Proceduresilligitimate k2 custody.help with documentation to prove
Your DEERS center and CaC card issuing facility are wrong. The approved K2 and I94 are all the military needs in addition to your marriage documents. My stepdaughter came here in July 2010 on a K2 visa and had her full deers benefits in less than one week. They used the Alien numbers(s) in lieu of social security number to issue their CaC cards. She was on TRICARE thirty days after CaC card was issued, as that is the minimum requirement.
DaveEMalePhilippines2011-08-23 07:18:00
K-1 Fiance(e) Visa Process & ProceduresForm DS-156 Question 22
They are asking for an estimate.
DaveEMalePhilippines2011-09-17 10:36:00
K-1 Fiance(e) Visa Process & ProceduresIs there any info on why CSC has slowed down?
Nope. In April 2010 when we submitted the I-130 for my step daughter, the national goal, average, and California processing time was 5 months.

Last month I asked my senator to check what was taking so long just for the approval (realizing that a visa was not going to be available for years).

The Senator's immigraton liason sent me a copy of the email from USCIS which stated " your constituents application is still well within normal processing time".

Lol, I went on line and checked. Yep they changed the California processing time from 5 months to 17 months for LPR with over 21 child.
DaveEMalePhilippines2011-12-13 14:06:00
K-1 Fiance(e) Visa Process & ProceduresIs this USCIS's Typo in NOA2 or the process changed?
All is well, this issue is brought up at least once a month. Lots of folks get confused when they read the NOA that says the petition is on the way to the consulate. Your petition will stop at NVC on the way to the consulate. NVC will assign your case number and the consulate will advise you when they receive it. Two weeks to a month depending on which consulate you are working with.
DaveEMalePhilippines2011-12-28 15:29:00
K-1 Fiance(e) Visa Process & Procedures3question at interview
Congratulations - sometimes the interview at Manila can be easy. My fiancee was also asked about three questions, one of which was holding up a picture of me and asking who is this guy? The CO then just looked at her and said tapos po.
DaveEMalePhilippines2012-02-21 07:55:00
K-1 Fiance(e) Visa Process & Procedureshusband doents have a job
You need to clarify your post. The way it is written, it sounds like you want to get married to avoid expensive college costs.
DaveEMalePhilippines2012-03-02 08:38:00
K-1 Fiance(e) Visa Process & ProceduresCase Status/USCIS Website problems
They said they have it and it is within normal processing time. All you can do it wait. A bit of advice, if you are depending upon the on-line case status you may be sorely disappointed. In our case it was never accurate, and often weeks behind what was really happening. We had our NOA-2 in hand and the website still said initial processing.
DaveEMalePhilippines2012-03-14 07:36:00
K-1 Fiance(e) Visa Process & ProceduresDisabled Veteran - Documents needed for Affidavit of Support?
The VA doesn't provide a yearly form 1099 so he has nothing to document. I don't know what social security provides, but I know about the VA. VA disability is not taxable and does not count as income for IRS purposes.

However, when I submitted the stuff for my wifes K1 visa and AOS, I just printed out the statement from the DFAS website for my VA Disability, and Combat Related Special Compensation, highlighting the amounts received. If you have no taxable "income", the CO has seen it before and knows what to expect.
DaveEMalePhilippines2012-03-20 13:35:00
K-1 Fiance(e) Visa Process & ProceduresWife did not make it past homeland and got k-1 cancelled
I will say it again. This is so rare an occurance that is begs many questions.

LAX deals with folks from Korea every day, (thousands of them). I have personally seen Korean interpreters at LAX.

For the agents at POE to turn around an approved K1, begs a lot of questions. They may have discovered something that the OP doesn't know.

If and when we get the rest of the story, I'll bet it will make sense.


PS - My family was not hassled at all, even though my step daughter was issued the wrong type visa and we didn't know it. They corrected in on the spot, issed a letter saying the consulate has screwed up, and sent them on their way.
DaveEMalePhilippines2012-04-27 08:17:00
K-1 Fiance(e) Visa Process & ProceduresWife did not make it past homeland and got k-1 cancelled
LAX processes thousands of people every day from all corners of the globe. Many are from Korea and they are no stranger to immigration at LAX. Since a K1 turn around is so rare, I suspect there is a great deal we don't (or perhaps the OP) doesn't know about.
DaveEMalePhilippines2012-04-26 07:28:00
K-1 Fiance(e) Visa Process & ProceduresTB skin test positive Please help :(
My stepdaughter (K2), skin tested positive at her physical in Manila. Mom was negative. There must have been an annotaton somewhere in her records because at POE they told her mom that she, (the daughter) needed to report to the local healh department when she got to her destination.

They must have notified the state of Georgia because we got a letter from the state health department about two weeks after they arrived. We set up an appointment with the local office (about 1/4 mile from where we live). The gave her a chest X-Ray which was negative, but said she did have latent TB. She was put on a regiman of isoniazid and a some vitamins for 9 months. Every month I had to take her to the health department for a mini-physical, blood work and receive her next months pills, (no cost). She finished about a year ago.

When complete she was issued a letter that basically said she never has to take the skin test again because it will always be positive.
DaveEMalePhilippines2012-05-03 13:29:00
K-1 Fiance(e) Visa Process & ProceduresWhen should I have a Senator petition on my behalf?
Neither your Senator nor your representative can do anything in your behalf. If they could, everyone would ask them. The only thing they can do is ask for the status of your petition. Usually USCIS will answer them fairly quickly. Your Governor is not even part of the Federal government.

I asked once and USCIS told my Senator to "tell your constituent to wait", he is still well within normal processing time. Actually my Senator forwarded me the email from USCIS.

Remember USCIS neither works for, nor is part of the Legislative branch of government.
DaveEMalePhilippines2012-07-30 13:12:00
K-1 Fiance(e) Visa Process & ProceduresInterview is upcoming but NO interview instructions from the embassy yet

The instructions can be found at the US Embassy Manila website. The link is in my signature. From the link, you can download the PDF file of the instructions.



My wife never got anything from the Embassy. She just followed the instructions on the website.

Edited by DaveE, 14 August 2012 - 07:53 AM.

DaveEMalePhilippines2012-08-14 07:53:00
K-1 Fiance(e) Visa Process & ProceduresDoes K-1 visa accept religious marriage?

Not quite; though not applicable to the OP, USCIS won't recognize legally valid same-sex marriages.



You're correct, over generalization.

Edited by DaveE, 09 October 2012 - 07:49 AM.

DaveEMalePhilippines2012-10-09 07:48:00