ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresI-94 form on the plane

I want to send my fiance a sample of how to answer the forms on the plane.  Actually I believe there is an I-94 form and a customs declaration form 6059B. 

 

What I seem to remember from flying is that there are different customs declaration forms, for US residents and visitors.  Am I wrong about that, because I can only find one online?

The I-94 says that it must be filled out by "all persons except U.S. Citizens, returning resident aliens, aliens with immigrant visas,..."  The K-1 is referred to in some places as a non-immigrant visa and in other places as an immigrant visa.  So, does she fill the I-94 or not? 

 

On edit....

I found something that says the I-94 is no longer being used (and there was also an I-94W).

 

Her passport will be scanned at the POE and she will receive an electronic I-94.  After she arrives go to the CBP website for retrieving the I-94 and get a copy.   You will need that for filing for AOS and they become unavailable for retrieval after they expire (or so I've heard here on VJ).  She will need to complete a Customs Declaration Form to list what she is bringing into the US.  Make certain she brings something to write with--i.e. pencil or pen as the flight attendants really cannot understand why someone on an international flight does not have something to compete the forms with and get very annoyed.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-06-28 14:03:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about POE

When the K1 visa is approved. More than likely my fiancé POE will be Los Angeles. He's coming from Australia.

After hes finished with immigration. Will he be able to visit California and some other states? Or does he have to come to were I am (in Florida).

He wants to stay a day or so in California maybe go to Denver to visit.



 

The only restrictions on a K-1 visa holder is getting married within 90 days to the petitioner.  The K-1 cannot leave and expect to re-enter the US without either advance parole (AP) or the GC.  They also cannot work until they receive the employment authorization document (EAD) or the GC.  Once the I-94 expires they are over-staying their legal presence in the US which is forgiven for spouses of USC.  If your husband has not filed for AOS and the I-94 is expired, he might be detained by CBP should he get too close to one of the borders. Basically he is like any other non-immigrant with an I-94--i.e. think tourist visa--until he gets married to you.

 

As you can see, he can go where ever he wants in the US until he receives AP or the GC.

 

Dave
 


Dave&RozaMaleKazakhstan2014-07-03 09:37:00
K-1 Fiance(e) Visa Process & ProceduresDo we need to notify NVC abt changing address?

My fiance( petitioner) will change his address in one week,we got our NOA2 and now we're waiting for our NVC number,should my fiance notify NVC, or I will just write his new address at the DC-160 for the interview and it will be enough? We know how to change the address on USCIS website, while the petition is reviewing,but as abt NVC we haven't heard before!

 

Interesting that there are a lot of change of address questions here on VJ lately.  The change of address is for a LPR and for the USC once the AOS is complete and the USC is a sponsor via the I-864 form.  Since you have received the NOA2, which you will need a copy of when you file your adjustment of status (AOS),  there is no need to inform the USCIS about the address change.  That will happen when you file and put the new address on the form.  You can also put the new address on the DS-1`60 forms.  The NVC has sent off your package to the Embassy and no longer has jurisdiction--the Embassy does.  Since the petition has been approved, the USCIS no longer has jurisdiction--the Embassy does.  This is now about you, the beneficiary, qualifying for a K-1 visa.  So it is mostly about you and your information.  The petitioner's information will only matter after you get married and file for AOS.  Then if you move, you the LPR, must complete the AR-11 and your husband as sponsor on the I-864 must complete the I-865.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-07-05 16:00:00
K-1 Fiance(e) Visa Process & ProceduresI-94 as proof of having met for K1

Hi everyone,

 

I was wondering if i can go online to look up the I-94 and download it. I would like to use this as proof of meeting my fiance within two years for K1 (I would also use Itinerary, photocopy of boarding passes and pictures).

My passport only has two stamps: Exiting Canada and entering US. I was flying via Canada and Germany to Ukraine. No other stamps were put in my passport. 

 

Has anyone done this? Any input is appreciated? 

 

Thank you! 

 

I see one flaw with your plan, LPR and USC do not get an I-94 when entering the US.  The exit stamp shows when you left and the entry stamp shows you returned.  Combine that with boarding passes and other information you should be good to go.

 

Dave


Dave&RozaMaleKazakhstan2014-07-09 10:13:00
K-1 Fiance(e) Visa Process & ProceduresPort OF Entry

thank you Dave,

 

i flew over phoenix with a stop in Dallas and 3 hours stop over a trip lasting already 14h was enough !! lol so i agree !

 

we will try to make our best to match all criteria : price, stop, time during stop, and departure/arrival flight ! lol   that's not the worse when we have been through all the process.

 

first, my interview next 29th of July (no prob obviously)

 

thank you again

Sandrine

 

 

Good luck on the interview.

 

Dave


Dave&RozaMaleKazakhstan2014-07-09 08:54:00
K-1 Fiance(e) Visa Process & ProceduresPort OF Entry

hi all

 

i've been going through many posts, trying to get updated each day and i wonder about one thing :

 

does the choice of the POE location is important?

 

i want to avoid NY cause i guess the stop won't be long enough to go through check points so i was thinking making a stop in London (from paris) so it's stil Europe and then, direct to Phoenix, so i will have POE in the town, i will live.

 

what do you all mean , the POE is important to be chosen? difficulties, length, denied?

 

thanks for your wise answers

 

As the others have stated, the POE is the first city you land in the US at.  There are a few pre-screenings locations that are not in the US, but they do count as your POE.  I personally will pay a fee dollars more for a flight that goes from Europe directly to Denver just so I do not have to worry about immigration (passport control) and customers (goods declaration).  On my last trip from Frankfurt to Denver, it took almost an hour to get my luggage and exit the secure area.  If I had a connection I would have to re-check my luggage, go thru security, and get to my gate.  All I have to worry about is finding a shuttle or taxi to get me home.  So I would vote for either a direct flight from PAR to PHX or from PAR to LHR to PHX.  Just remember that each stop adds about 1.5 to 2 hours to the travel time and when you are talking about a 9-10 hour flight I would rather spend my time in the air rather than waiting at a gate for a connecting flight, YMMV.

 

Other than trying to make a connecting flight, the POE is up to you, your route, your wallet, and your schedule.  I would recommend you give yourself about 3 hours to be on the safe side.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-07-09 08:26:00
K-1 Fiance(e) Visa Process & ProceduresMoving to another state before NOA2 arrives

Hello everyone:

 

I apologize if this has been asked before, I did use the search function and only found an old post that didn't have a solution.

 

I am the petitioner and our NOA1 arrived with a Feb 21 2014 date.  It was sent to the Texas Service Center.  I am in Puerto Rico and my fiancee is in Canada. Our original plan was to live in Puerto Rico for a while, and we still haven't received our NOA2.

 

However, I accepted a job offer, and I will be moving to Portland, Oregon in a month, August 10th.  I am excited and happy, but also worried that this will delay our process even more.  Will I have to submit a new application?  When should I call to give the heads up that I moved? Will this affect our process at all?

 

As always thanks for your help, comments and suggestions.

 

 

 

Anyway to have someone look out for the mail at the old address after you move?  If not, try to call the USCIS and get a Tier Two Human™ and update your address as soon as you move.  Complete a forwarding order with the USPS so the letter is returned to the USCIS as the USPS will not forward anything from the USCIS.  Once it is received back at the USCIS, they should send you a text or e-mail notification that it was returned--I am assuming that you completed the electronic notification form when you submitted the petition (the G-1145 FORM).  You need to get a copy of this for later processing, so it is important to get a copy.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-07-12 13:03:00
K-1 Fiance(e) Visa Process & ProceduresI-94 Admitted Until Date

This is one of those grey areas of the law and is up for interpretation and as you can see here there are different opinions as to what it actually means.  You have 90 days to get married on a K-1.  What is counted in those 90 days?  Does the clock start the day you are admitted as day 1 even if you go thru immigration at 2359 that was day one; or does it start the next day?  That is where I am confused on the 90 days.  What if the CBP was using the wrong date to calculate the time from and puts the wrong "until" stamp in your passport--either 89 or 91 days instead of 90?  I would take the date of entry and add 90 days to that and make certain I got married before that date.  "On" would be cutting it too close for my comfort but YMMV.

 

This is such an easy requirement to meet, so why take a chance?  If you have an event planned and receive the visa early, delay entry so the event falls well within the 90 days.  Nothing says you have to use the visa immediately.  In fact most K-1 visas are valid for 6 months.  If not, check your expiration date and just make certain you enter the US on or before that date--at least that expiration date is clear.

 

I realize the OP is already in the US and delaying is now not an option, but I hope others will see that you can give yourself almost 9 months before having to get married which should be plenty of time to plan and execute a wedding.

 

Dave


Dave&RozaMaleKazakhstan2014-07-13 12:49:00
K-1 Fiance(e) Visa Process & ProceduresI-94 Admitted Until Date

 

 

Question to the mods: (KDC, you reading this?)

 

OK, so one has to get married within those 90 days.  OK.  But which date is important here.. the actual date of the wedding, or the date of filing for AoS ?  Based on reading, I'd say the actual date of the wedding, as shown on the marriage certificate?

 

 

 

 

It is the date of the wedding as a K-1 visa holder has no deadline to file for AOS.  Once the I-94 expires the foreign spouse is in a period of overstay and is actually illegally in the US and can be detained by the CBP.  Once AOS is filed the overstay is forgiven and the foreign spouse is in a period of authorized stay.  The foreign spouse cannot work or travel outside the US and return without the AP/EAD or GC.  So the sooner they get married, the sooner they can file the AOS, the sooner the foreign spouse can work.  There have been stories here on VJ were the foreign spouse missed the 90 day window to get married and all they had to do was file the I-130 with the I-485, as long as they married the petitioner of the I-129F, which is like a foreign spouse getting married on a tourist visa and adjusting status in the US after marriage.  

 

The only requirement you have as a K-1 visa holder is to get married within 90 days of your arrival of entering the US.  IMHO within means less than not equal to or less than.  So you really have until the 89th day to get married.  Most people on the K-1 are so excited to get married they do it as soon as the foreign spouse arrives.  I would head to the local courthouse and get married ASAP and file your AOS.  Then use this later date you have as a celebration of the two of your getting married.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-07-12 12:55:00
K-1 Fiance(e) Visa Process & ProceduresDoes pregnancy change or expedite anything?

My girlfriend in Ireland may be pregnant. Just out of curiosity, does that change or expedite anything in this process? We're hoping she's not pregnant yet, of course, because we want to be together through the process. Any help is appreciated. Thanks.

 

If the child is born before she gets her visa, it does add to YOUR family size for the poverty level.  So instead of two, you now must make enough for a family of three.

 

Dave


Dave&RozaMaleKazakhstan2014-07-19 18:31:00
K-1 Fiance(e) Visa Process & Proceduresplease help my passport less than 6months till expiration date before my interview!!

hi guys,

hope you can help me with this.. I will have my interview this week and jist realize today that my passport is less than 6months from the expiration date. it will expire on jan 07 2015.. I thought I'm still within the 6months coz I counted from aug-jan without considering the exact day just "month"... this being said, if I renew my passport tomorrow I won't still be able to get the new passport after 10-15days of expedited passport... do u think this will put me to 221g or cause me any problem at the embassy?

need you help badly.

thanks





 

Thinking ahead, how hard is it to get a PI passport in the US.  If you get your visa in the old passport and travel to the US, you cannot re-enter teh US until you have AP or the GC which takes time and your current passport will most likely be expired.  You need a new passport anyway, why not get it now rather than trying to get a new one in the US.  The only reason I can see of waiting is to get the new passport in your married name, but having the passport in your maiden name and the GC in your married name is not usually an issue if you carry your Marriage Certificate with you when you travel.

 

Dave


Edited by Dave&Roza, 20 July 2014 - 12:32 PM.

Dave&RozaMaleKazakhstan2014-07-20 12:31:00
K-1 Fiance(e) Visa Process & ProceduresThis may seem silly but... Scheduling the wedding!?

It depends on what is important to you and your fiance.  If a big wedding is important AND it must be the official wedding, then start planing now, but do not commit to anything until the visa is in your hands.  Then see about dates and set a date that falls within the maximum of the expiration date of the visa (typically 6 months, but please check YOUR visa to see when it expires and enter the US before that date) plus the 90 days after arrival to get married and plan accordingly.  If getting here as fast as possible is the main goal, then enter the US right after the visa is issued and get married at the courthouse and file for AOS (adjustment of status) and then have a party later.

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2014-07-23 12:13:00
K-1 Fiance(e) Visa Process & ProceduresI-129F Proof of having met and proof of ongoing relationship

Keep in mind that this is a two phase process.  The first phase is where the USC petitions the USCIS to issue a visa to their foreign fiance(e).  This is where the proof of meeting within the last two years comes into play, the proof that the petitioner is a USC (copy of BC or the entire US passport), and the letters of intent to marry signed by both parties (original signatures or notarized signatures).  Once the petition is approved, the packet is sent to the Embassy or Consulate of the foreign fiance(e)'s home country.  Depending on the country the amount of ongoing relationship evidence and application for the K-1 visa is submitted.  Your fiance is in a low fraud country so the amount of front loading needed is up to you.  At the Embassy or Consulate stage you need to convince the IO that the relationship is legit.

 

Good luck,

 

Dave 


Edited by Dave&Roza, 26 July 2014 - 10:48 PM.

Dave&RozaMaleKazakhstan2014-07-26 22:47:00
K-1 Fiance(e) Visa Process & ProceduresMarried within 90 days ... NOW WHAT?

Hey everyone,

 

I've gone and done it! My Fiance and I are now my Wife and I.

 

Firstly I just want to make sure that the only think required of me within the 90 days is that we get married. I'm now under no strict time limit as to what happens next?

 

Also a couple of other questions. I have my I-485 form which I need to fill out. When does this need to be handed in by?

 

And I've been waiting for my social security card for about 8 weeks now. When I go to the social security office, which I've done a few times now, they tell me to wait longer. Originally they told me it should be around 4 weeks. Has anybody else had problems getting their social security number through the post?

 

Thanks,

 

Jay

 

 

 

Well you do what every married couple does..er..um..sorry.  You file the I-485 to adjust your status (AOS) and you should also file the I-131 advance parole (AP) and the I-765 employment authorization document (EAD) as their filing fees are waived when filed with or after the I-485.  This is so you can travel and/or work while waiting for the GC.  No time limit, but the sooner you file the sooner you can work and travel outside the US and return.  Once the I-94 expires, you are in a period of overstay and can be detained by the CBP should you wander too close to one of the borders--especially the Southern one.

 

Have you asked for the SSN when you visit the local office?  It could be like our situation in which the SSC was issued, but the USPS returned it as the letter carrier did not realize my wife was living at that address.  So I went to the local post office and completed forms to list her as well as putting her name on the mailbox.  If you still have more than 2 weeks left on the I-94, go back and see if they have issued you a number and if not see why.  When you pull up your I-94 is the name on it and the name on your visa the same?

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-07-28 15:32:00
K-1 Fiance(e) Visa Process & ProceduresIs there any way to leave the USA for 2 weeks after arriving on K1?

So im in a bit of predicament, my partner and I have won a prize which is a huge deal. All expenses paid wedding, flights, etc to the USA. It will be a televised event for a marriage equality event and will include celebs such as the real housewives, Kardansians, etc. Only issue is that I need to be in the USA in 2 weeks. That is not enough time for me to sort out my life here in Aus and I will need to come back home for 3 weeks after the wedding to finish packing and sort out life. Is there anyway I can make this happen?

 

You have a few choices as I see it: 1) rush to get everything taken care of before leaving for the US and getting married; 2) do as much as you can before leaving, go to the US and get married, file for adjustment of status (AOS) ASAP with advance parole (AP) and wait the 2-3 months for your travel documents in order to go back to Australia and finish moving to the US; 3) go ahead and get married and go back to Australia right after the marriage, have your partner file for a spousal visa and wait for it to be approved and once it is approved, return to the US; 4) pass on this opportunity, and get your life sorted out in Australia, move to the US and get married and file for AOS and return to Australia when you feel like it.

 

It all depends on what is important to you and your partner.  This sounds like a once in a life time experience.  I would do everything possible to get things taken care of or arrange to be able to delay that for 5-6 months and return to Australia after the marriage and either the GC or AP has been received.  That is me.  It is amazing what a person can get accomplished if they are properly motivated.  YMMV.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-07-28 00:42:00
K-1 Fiance(e) Visa Process & ProceduresWill they question if i just increse my annual income?

We just receive k1 approval on 7/25/14,

 

My current annual income is $18200 from 2007 to present according to my w2. 

 

I would like to ask my employer to increse my annual income to $20800. Will they question about this when my fiancee in the interview ?

 

 

One more question is i have two pay check every month, each $700 dollars,  700 x 2 x 12 = $16800. Why i have one more month pay? My previous w2 all show i earn 18200 each year. 

 

is that becasue of this? http://salongacenter...13th-month-pay/

 

 

Pls help. Thanks.

 

Do you really think your employer is going to give you a 14.3% raise over last year?  You could argue that you have gone 7 years without a raise and if you got about 2% per year that would be the same as the 14.3% now.  There are many different ways to be paid--i.e. once a month, twice a month on set days (5th and 20th or 15th and 30th), every two weeks, or weekly.  That gives you 12, 24, 26, or 52 paychecks per year.  One thing to remember is that there are 2080 hours per year for a full-time person working 40 hours per week.  That works out to 173.33 hours per month.

 

The USCIS will not question the raise as long as it is properly documented with a letter from your employer and/or recent pay stubs showing the new rate.

 

Good luck,

 

Dave 


Dave&RozaMaleKazakhstan2014-08-04 16:23:00
K-1 Fiance(e) Visa Process & ProceduresPassport pages as only proof of meeting

We have matching stamps from 6 border crossings we did together in the past year. In addition we have one set of matching thai visas and one set of matching cambodia visa extensions. Is that enough? We have no boarding passes, but we do have two matching reservations from our email. We have no hotel receipts.

In my mind, the matching passport data should be sufficient to prove that we were together, but I am often wrong about these sort of things.

 

Did you purchase the tickets or did you cross by land?  If you flew, get the CC statement to show those purchases--you would not likely purchase an airline ticket for a stranger.  Airlines keep information for up to two years.  You could call them up and see if you can get the Itineraries--maybe even the seat assignments or boarding passes.  As the others have stated, photos of the two of you together in those places would be good secondary evidence.  I am afraid the CO will see the same stamps in your passports which means the two of you were in the same country at the same time, but you need to show that you actually met and that is where a photo or two would help close the evidence chain.  My wife and I had few photos of us together, but you really only need one or two to make your case much stronger.  You should have enough, but the CO is the one making that determination.

 

Good luck,

 

Dave


Edited by Dave&Roza, 09 August 2014 - 01:06 PM.

Dave&RozaMaleKazakhstan2014-08-09 13:05:00
K-1 Fiance(e) Visa Process & ProceduresPOE and medical validity

Hi guys, I  got my K1 visa today and the expiry date on it is 9th Feb 2015. Now, my chest x-ray is valid until 5th Feb 2015 whereas the rest of my medical is valid until 22 Dec 2014. Clearly if I go to the US after 22 Dec 2014 my medical would have expired (not the x-ray report though). Will the expired medical be an issue at POE?

(I got the visa through RIYADH embassy)

 

No.  The only thing you need to do is enter the US before the visa expires on 9 Feb. 2015.  Once you enter you have 90 days to get married.  Once married you file for adjustment of status (AOS).  As long as you file for AOS within a year of your original medical date, you will not need a new one.  The chest x-ray is one thing you get to keep as a souvenir of your visa process :).  Most countries that put a restriction on the medical tie the expiry date of the visa to the validity date of the medical--think the PI. 

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-08-13 10:02:00
K-1 Fiance(e) Visa Process & ProceduresDoes it mean that I have to make more money before I can be approved

Assets like what and what ? Cause Iam new to this , and she is apply from usa embassy in dakar Senegal .

 

Assets like assets--cash, stocks, bonds, property, a second home, appraised jewelry, appraised baseball cards, or anything of value that can be turned into cash within a year and does not cause undue hardship when it is sold. If those can be more than 3 times the difference between income and poverty level she will not need a joint sponsor.  For a family of two the 125% poverty level is $19,662.

 

Even if you get past an Embassy that looks at only 100%, when you file the I-864 for adjustment of status (AOS) you will need the 125% above the poverty level so you might as well get above that level now rather than later.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-08-13 11:09:00
K-1 Fiance(e) Visa Process & ProceduresQuick question

When filing the I-129f package I've read we should save 2 copy's of everything we send but do we also send them a copy of ex train tickets and airplane tickets? Or do we just send the original and take copy's of those?!

And also, I was an au pair in the states and had a J1 visa so we were together most of our relationship, can I send them a copy of my visa and then a copy of "My finish certificate" from my au pair agency?? Ive made copy's of stamps from when I entered the states and then I will send the flight ticket from when I flew back to Sweden.
This along with a flight for my boyfriend coming here and then also photos of us with family / friends and such.

We mostly call on FaceTime and text over iMessage, I've taken photos with my phone of diffrent messages and the call list, or should I rather try print the whole history?!

Thanks






 

I scanned everything in an kept that file on a few different computers and USB drives.  The idea behind the copies is to be able to recreate your package should the USCIS loose it.  Sounds like you have enough proof of meeting and of a valid relationship. 

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-08-20 09:40:00
K-1 Fiance(e) Visa Process & ProceduresChanging the consular office to Kiev, Astana or Istanbul...

 

Embassy Link is at the top of every page.

 

 

http://www.visajourn...stan&cty=Almaty

 

OP: Please note that this is for the Almaty Consulate and not the Embassy in Astana.  I can tell you that the Consulate in Almaty requires a very good reason to be admitted and that goes for USC as well.  Accompanying your fiancée for their interview is not a good enough reason so you will not be admitted.  All K-1 visa interviews happen on Tuesdays only.  Almaty was the Embassy so some of the more experienced people are still there as they did not want to move to Astana.  If you fiancée meets the residency requirements to have their interview in Kazakhstan I would vote for Almaty over Astana, but that is just me.

 

Dave


Dave&RozaMaleKazakhstan2014-08-27 14:19:00
K-1 Fiance(e) Visa Process & ProceduresUsing assets as part of income on I-134 for K-1 visa

Hi there. I was wondering if anyone else used assets as part of their income on their I-134 affidavit of support due to being under 100% poverty guidlines?

 

You might want to raise the bar to 125% of the poverty guidelines as that is what is required after marriage for filing the I-864.  Why go thru all the trouble to get the K-1 and have your fiancé(e) come to the US only to not be able to file the adjustment of status (AOS) because you are below the 125% level.--it is only $19,663 so you would only need 3X the short fall because you are sponsoring your spouse or you would need $11,796 in assets to make up the difference between the 100% level and the 125% level.  If you cannot come up with this, I would strongly suggest you find a co-sponsor now so you are not scrambling to find one after marriage.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-08-30 20:31:00
K-1 Fiance(e) Visa Process & ProceduresHow to waive meeting in person for k1 visa (merged)

what exactly is a proxy marriage? Is there any links or guidelines on it?

 

Even with all the people stating that marriage by proxy is not a good idea, you garb onto it.  IMHO, you are looking for a way to "help" someone enter the US and get a GC and want to do so as cheaply as possible--i.e. no travel involved.  If that is really the case then you are trying to commit immigration fraud.  I base this statement on the fact that you focused in on the one thing in my last post that would allow this person to come to the US without you having to shell out the airline ticket money to go and visit.  Even a proxy marriage requires the two of you to be together to consummate the marriage as others have stated.  No matter what, you have to find a way to actually meet this person somewhere on Earth and send that proof to the USCIS with the petition.

 

Dave
 


Dave&RozaMaleKazakhstan2014-08-31 13:23:00
K-1 Fiance(e) Visa Process & ProceduresHow to waive meeting in person for k1 visa (merged)

You could get married by proxy and apply for a spousal visa.  I would expect a very long and hard road with the USCIS if you try that as it looks too much like you are doing her a favor by getting married and then applying for a GC for her.  Best is to save up the money and visit her.  If you cannot afford a plane ticket to visit, IMHO you cannot afford to support a new wife and need to wait until you are out of school and making sufficient money to afford the entire process.  Have you examined the fees involved to file the I-129f?

 

The petition is $340.  Plus there is the cost of sending documents back and forth and if you use a courier like FedEx that is $100 a pop.

The medical in the PI:  I do not know the exact cost but it can be $160+ depending on shots needed.

The visa application fee: typically $160

The AOS fee once married: $1070.

The ROC fee after 2 years as a LPR: $590

 

All totaled in just USCIS fees: $2160 plus medical and postage.

 

Do not forget that she will need a ticket to come to the US.  So we are pushing over $3000 easy.  Plus the PI is very hard to get to accept a co-sponsor for the I-864 for the K-1 visa, so you need an income of about $20,000 just to get the visa approved.  I would sit back and think this thru and find a way to visit her now or wait until you have the resources to go to the PI and visit her.  You could try to and have her get a tourist visa to the US, but who will pay for that and the airline ticket?  Plus it is very difficult for a young, single PI female to get a tourist visa unless they have a very good job and string ties to the PI.  At least that is only a $165 gamble--you pay the visa processing fee and if she is denied you do not get a refund.

 

You are still young and have your whole life in front of you.  If you have not met her, how do you know she is the right person for you?  People change when on-line verses in person.  People change from in-person to sharing a house or apartment. And some people change from being engaged to actually being married.  Not sure why that is, but it does happen.  IHMO marriage is a life long commitment and not to be taken lightly.  You should not rush in with the idea that if it does not work out I will just get a divorce.  The person you are marrying comes from a culture where divorce is severely frowned upon and carries a large stigma like it used to here in the US. 

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-08-30 12:53:00
K-1 Fiance(e) Visa Process & ProceduresPoverty Guideline

Thank you for all the replies. I'm so nervous now. I hope that my last 6 months of pay stubs help. Again, thank you.

 

Get a letter from your current employer stating start date, position (i.e. title and full or part-time), and salary converted to an annual number.  That plus the last few months worth of paystubs is enough.  It is CURRENT income that matters.  The only reason they ask for tax returns is for you to show that you have complied with the IRS' rules for either filing a tax return on world-wide income or why you are not required to file and thus need a co-sponsor.  Plus it is a convenient way to check on salary history.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-09-14 23:29:00
K-1 Fiance(e) Visa Process & Procedureswant to marry after visa issue

^^^^^^^Agree with all three posts above.

Hey every one

 

I want to know is that possible if i can marry in my home country after getting the visa ?

 

I appreciate for your help!!!

 

You have a FIANCE(E) visa.  You must be a FIANC(E) when you enter the US using the visa.  THEN you get married.  If you wanted to get married in your home country, you should have gotten married and then filed for a SPOUSAL visa if the first place.  To do so now will result in wasted time and money.  Do not do anything that looks like a marriage in your home country as the USCIS may catch wind of it and deny your petition at some point during the remaining parts of this process because they will think you are married and have a K-1 visa.

 

Dave


Edited by Dave&Roza, 15 September 2014 - 10:54 PM.

Dave&RozaMaleKazakhstan2014-09-15 22:53:00
K-1 Fiance(e) Visa Process & ProceduresDoes the us citizen need a pasport.

My fiancé who lives in th us does not have a pasport.
We where gonna get one because he was coming to visit me before I got approved.

But we decided not to do that.

Does he still need a passport or can we do that once I'm in the us?
Like maybe I hve to bring a copy of his pasport to the appointment at the embassy?





 

 

It is not required to have a US passport.  All the passport does is prove USC, allow one to leave and return to the US, is a List A document on the I-9 form, and is considered valid proof of identify, age and citizenship.  It is not that hard to get one.  It always amazes me when standing in line at the post office and the number of people that need to expedite a passport application because they are going on a cruise or other international travel and booked the travel before realizing they need a passport.  IMHO, now that he is planning to marry a person from another country, he should go apply for his passport NOW so he can visit your family in Netherlands.  The cost is only $110 for the passport book and takes 4-6 weeks.  I have had a passport since I was 17 and it saved a long 1.5 hour wait at the DMV because I had it, but that is another story.

 

Good luck,

 

Dave


Edited by Dave&Roza, 18 September 2014 - 09:42 AM.

Dave&RozaMaleKazakhstan2014-09-18 09:41:00
K-1 Fiance(e) Visa Process & ProceduresDependent Tax Filer Can be a Primary Sponsor?
I dif not quite understand ur question but i can tell u this. Ur usc needs to meet the 125% poverty guidelines if not he/she needs a co sponsor.
Hershey888FemaleSaudi Arabia2013-02-06 09:35:00
K-1 Fiance(e) Visa Process & ProceduresIncorrect birthplace of beneficiary on 1-129F

Thank you!


jansencudalMale02013-12-23 16:37:00
K-1 Fiance(e) Visa Process & ProceduresIncorrect birthplace of beneficiary on 1-129F

Hello,

 

We are a few weeks away from my fiance's interview at the consulate and found a potential issue. She was reviewing the copy of the 1-129F i sent her for the interview and found that under Part 2 item 4, I listed the wrong city as her birth city. 

 

Anyone have any experiences with amending information on a 1-129F at this stage? or is it even worth clarifying? Is this something she can take care of at the consulate? Will they even care about such a minor detail?

 

Thank you in advanced.


jansencudalMale02013-12-23 11:37:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Fiance Visa still under review

He entered the US illegally, without inspection. (His first and only entrance to the US) He stayed in the US for several years and then was granted voluntary departure. He left well before his deadline date. (First and only departure from the US) 


saraelizabethNot TellingNicaragua2014-02-14 18:24:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Fiance Visa still under review

Thanks for the helpful info and for the link!!

 

However, I was under the impression that only Deportations carry the consequence of waiting out a time-ban before re-entry? Am I wrong? My fiance was not deported. 


saraelizabethNot TellingNicaragua2014-02-14 17:54:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Fiance Visa still under review

First time post-er here! 

 

I am the petitioner in currently pending K-1 Fiance Visa case. My petition was accepted to USCIS on October 31, 2013. Since then, I have been checking the status daily and have not yet received any notification for any Requests for Evidence.

With that being said, my questions are fairly straightforward and I will be FOREVER grateful to anyone and everyone who can help me answer them based on your similar experiences. 

 

 

 

1) Assuming,(and hoping and praying) that there are no unexpected delays or Requests for Evidence, are the USCIS estimated wait times (5 mo.) fairly accurate? This month will be 4 months since the acceptance of our petition. 

 

2) Once USCIS has approved the petition and then sends it to NVC, how much longer can we expect to wait before my fiance is notified by the Nicaraguan Embassy for an interview appointment? (**Also, HOW are we notified about all of this? The mail/address system in Nicaragua is extremely unreliable, and I have dealt with plenty of lost and very delayed letters that I have sent to my fiance in Nicaragua. Therefore, I need to know if I will also receive any notices that are mailed out/ emailed/ etc.)

 

3) Is there any possible way to go ahead and find out what specific documents, vaccinations, fees, etc. that my fiance will need to have ready on the day of his interview? It is my understanding that we (or maybe just he) will receive a packet from the embassy stating all documents that he will need. But i was just wondering if we can go ahead and start working on all of this, including having the money ready for any unexpected fees, in order to attempt to avoid being rushed to get all of these documents in order. 

 

4) My fiance and I have been dating for almost 2 years, but we met in the United States. He was here illegally, but was NOT deported. He left on his own good will to return to Nicaragua and to start the process of getting legal permission to be in the US. That being said, we were honest in our petition about how (and where) we met. Will his previous unlawful presence in the United States disqualify us for this visa? I would like to go ahead and know this now, instead of getting all my hopes up and being extremely disappointed later. 

 

I believe these are all my questions...again thank you to whoever is taking the time to read this! I am a little frantic and overwhelmed with all of this. And just want to make sure I do everything right in order to avoid careless mistakes and a denial for any of my filing errors. 

 


saraelizabethNot TellingNicaragua2014-02-14 17:11:00
K-1 Fiance(e) Visa Process & Proceduresi134 : Why does everyone say last 3 years tax info ?

In preparing my I134 to send to my fiancee I found no such information in the instructions about providing 3 years worth of tax information. I understand that last years tax return along with supporting w2s show evidence of income, but where is everyone getting this last 3 years of tax transcripts from ? I actually have 2010 and 2011 tax transcripts, and my 2012 return and w2s, but that was only because I read a few times that it is needed for submitting with i134.

 

The directions that go with i134 state that supporting evidence should be: from the bank (deposits from last year, date account opened, and present balance), employment letter, copy of LAST income tax returned filed (if self employed)

 

From reading the forums I got a little paranoid and now I have the following:

 

Employment Letter

2010/2011 Tax Return Transcript

2012 Tax Return with supporting Documents (w2's and 1099)

Banking Statements and Summary

Last Paystubs

 

 

Im glad to show more than enough evidence, but am I beating a dead horse ? Not to mentioned I'm going to get killed with such a massive envelope that is being sent fedex international.

 

Can I hear some thoughts ?

 

Because you need the tax transcripts for the I-864 form.  It also depends on the Embassy as to what they require.  Some want more information than others.  As long as your evidence can support your claim of income you do not need the tax information, but most of us sent it in anyways.  Most of us err on the side of caution and submit way too much.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-05-21 14:21:00
K-1 Fiance(e) Visa Process & Proceduresquestion about file number for G-325A

If you have ever had dealings with the USCIS and have received an Alien Registration Number (A#) in the past then you of course put in the A# from your previously dealings.  If you are just starting the process and do not have an A# yet because you are the foreign born intending immigrant then I would put "NONE".  If I was a a USC by birth I would put "N/A".

 

Reasonings: 

 

     You have an A#, so you include it so USCIS can find your previous file easily.

      You have never had an A#, but soon will as you are asking the USCIS to start a file on you.

       You will never have an A# as you are a USC by birth and therefore this question is not applicable to you ever.

 

Dave


Dave&RozaMaleKazakhstan2013-05-22 09:10:00
K-1 Fiance(e) Visa Process & ProceduresRFE HELP FROM UKRAINE

Mark, I will check, CSC is calling out in the RFE letter they want something with a actual picture on it. Anything before 1991, she would be a kid, the picture would be useless. I don't understand the problem with CSC.

 

Can you cite a relevent law that states that the official language went from Russian to Ukrainian and all official papers were thus changed?  That is about the only thing you can do that I can think of.  Maybe you can get a government official to state this with proper seals and such and then have that translated.  We have an official document in the US where you state under oath that Doris and Arlene are actually the same person--at least that is what I had to do with my Mother as she used both names.  Maybe she can do such a thing to the satisfaction of the USCIS.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-05-18 21:53:00
K-1 Fiance(e) Visa Process & ProceduresHow Early is Too Early?

 

Thanks Dave! But are you sure about that last part? Everything I have been told or read about Vancouver suggests that it is considerably faster than Montreal for instance.

 

PS: Nice to see someone else from lovely Colorado!

 

I do not know how fast Vancouver is verses the Consulate in Almaty.  You are correct that it is faster than Montreal.  We had our interview scheduled for 3 weeks after the NOA2 was received.  I have not really seen too many Consulates/Embassies move that fast. I hope Vancouver is very fast for you.

 

Dave


Dave&RozaMaleKazakhstan2013-05-28 13:37:00
K-1 Fiance(e) Visa Process & ProceduresHow Early is Too Early?

 i.e., compose and print out your letter from employer ahead of time, and then leave it for him/her to sign and date it.

 

It is best to have it written on company letterhead.  My company was able to do it in a couple of days.  You have about two weeks from NOA2 to the NVC sending it to the Consulate/Embassy or maybe longer.  Plenty of time to get this going and then you do not know how long it will take to get the interview.  For us it was two weeks as NVC and less than 2 weeks for the interview.  Due to holidays and all that, we could not get the medical results completed in time and had to reschedule the interview.  I have a feeling that Vancouver will be slower.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-05-28 12:26:00
K-1 Fiance(e) Visa Process & ProceduresFiancee comes tomorrow, question about departure

oops, sorry for posting 2x...

 

But one more question...my fiancee's return ticket is for June 16th I think. Obviously she isn't going to use it, but that was the cheapest ticket I could find by using those dates. Our wedding is July 14 so clearly she isn't going to return on that date. Will this be a problem? Will they ask? And if they do, there's nothing wrong with that is there? She'd just tell them she has zero intentions of using that return ticket?

Thanks again

 

Just be certain to cancel the return leg of the ticket with the airline and get a cancellation number you keep for your records.  This is just encase the airline sells the seat but forgets to remove her name from the passenger list.  The USCIS will say she left the US before getting married or having AP and YOU will have to prove that she did not leave the US.  Try proving that when the only way to prove it is with documentation, but you do not have any.

 

I just added my wife's information under traveller information under her name.  Of course she is from a country that does not have the VWP, but I think there should be a way to add her passport information and then add her visa information.  Not all people from a VWP country can use the VWP or are using the VWP so there should be a way to add this information.  If all else fails you can call Delta and see if a human can help.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-05-28 13:08:00
K-1 Fiance(e) Visa Process & ProceduresLast minute checklist before departure tomorrow!

Ok, sorry to post 2 similar posts back to back but, my fiancee comes TOMORROW (woohoo!), so if there ever was a time to make sure we have everything straight, it's now right?

 

So we are planning on a pretty normal departure from her city (Madrid)...

 

-she'll show her passport and visa at time of check-in, and make sure they are aware that she is entering the U.S. using the K-1 visa. Good.

 

-she will inform security as well as she passes through security No really necessary.  They check name against ticket and do not really care if you need a visa or not.

 

-she'll arrive at her POE (JFK airport) and go to the immigration line at which time she'll show her passport and sealed envelope (medical envelope too??)

 

-they'll escort her to a interview room where she'll fill out the I-94...or give it to her? Or some blue piece of paper I've read about? I'm obviously not entirely sure about this part of the process.  The airlines will pass these out along with the Customs Declaration forms.  It is a good idea to have a pen with you so you can fill the forms out while still on the airplane.  She may or may not go to the interview room.  She hands over the brown UNOPENED envelope along with her passport and I-94 form.

 

-then she'll go collect her baggage and go through security and customs  She will collect her bags and go thru Customs.  Hands teh Customs agent teh Customs Declaration form.   Then she will place them back onto the belt to have them go to her destination.

 

-then drop off her baggage with Delta to put on her connecting flight (it's that way in Atlanta at least, but do all airports make you collect baggage and then re-submit it even when you have a connecting flight?)  You collect your bags, go thru Customs and then give them back to the airline.  I have not been thru JFK internationally in quite some time, but that is how it is done at ORD.

 

-hurries to the next terminal to make her connection and all is good! Just hope she has enough time.

 

 

Is this more or less correct? Can anyone clarify some of the areas that I wasn't sure about? Thanks so much for input!!

 

See above.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-05-28 15:17:00