ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresCase undergoing "additional processes"(?) at NVC

That is utterly obscene. It is no better than randomly selecting people off the street and throwing them in jail for 50 days. That is something you might expect from Mommar Gadhafi.


Well why is it obscene? It's a random check.

Would you prefer they only check people from certain countries?

I like to research what people post before I respond to them. I noticed in one of your earlier posts that you say USCIS has held up your life for five months. It's been five months since you filed. Now I also read that you had a previous filing in 2004. This means you are already acquainted with the system. This means you know that you don't drive up to a USCIS window, pay your money, and a visa spits out of a machine before you drive off.

The system is not what it should be, but you knew what you were facing going in. I think your rants border on unreasonable and serve no purpose other than to stir up the forums - and to rise your own blood pressure. I also think that if you didn't want your life to be held up, you should have stuck with domestic females.

Honestly, it never ceases to amaze me how someone makes a choice, and then bellyaches about it.
Rebecca JoFemaleUnited Kingdom2011-03-06 11:32:00
K-1 Fiance(e) Visa Process & ProceduresNew to the K1 process and needing advice
The OP states he is a US citizen but originally from Nigeria.

IMO, this is going to make a difference in how his relationship is viewed at the consulate.

I think it would be a good idea if he went to the interview with his fiancee.
Rebecca JoFemaleUnited Kingdom2011-02-08 22:14:00
K-1 Fiance(e) Visa Process & ProceduresNew to the K1 process and needing advice

APPROVED!!!!! We were approved and we are over joyed! finally! But i have a concern....we just got approved but i just lost my job this past friday...will that affect anything? like the embassy thinking i won't be able to take care of her when she is here? and what happens next when we get the documents?



thank you all!


What got approved? The petition? Or the visa?
Rebecca JoFemaleUnited Kingdom2011-02-08 21:28:00
K-1 Fiance(e) Visa Process & ProceduresHard decision to make, As many opinions as possible would honestly be appreciated

umm 20ish? haha i should really know. he was over 18 anyway.


Fiddlesticks.

Oh well it was a nice try.

I'd say your Father will probably be granted a B2. His crimes are old and he's had no other run-ups with the law. I'm not sure which type of waiver he needs (212 or 601) but that doesn't matter to this discussion. US Embassy in London advises that applicants for a B2 with prior convictions should expect at least a 4 month wait.

A bit of digging at other internet corners of the universe :P lead me to uncover the practice of some UK citizens with this problem flying over to the US Embassy in Belfast for speedier processing.
Rebecca JoFemaleUnited Kingdom2011-03-27 11:28:00
K-1 Fiance(e) Visa Process & ProceduresHard decision to make, As many opinions as possible would honestly be appreciated

it's not the ceremony that makes you married, its when you sign the register. if it was the ceremony, you wouldnt be allowed to make up your own vows.
it's not a path i wish to take anyway


I realize it's not the path you wish. I was speaking to Dan and Judy.

Many posters to these boards though think foreign nationals can hope off the plane in Great Britain and get married over there. I guess that's not such a weird notion because the UK is a developed nation like the US. Simple fact though is UK laws are different, and a visa is required for any foreign national to marry a UK citizen.

I'm not sure what vows have to do with anything. That might be an interesting thread for another day! :lol:
Rebecca JoFemaleUnited Kingdom2011-03-27 11:20:00
K-1 Fiance(e) Visa Process & ProceduresHard decision to make, As many opinions as possible would honestly be appreciated
How old was your Dad when this occurred?
Rebecca JoFemaleUnited Kingdom2011-03-27 11:16:00
K-1 Fiance(e) Visa Process & ProceduresHard decision to make, As many opinions as possible would honestly be appreciated

With out knowing your financial situation or the laws of england as to marriage, let me run this up the flag pole.
Have your girl fly to England and let your dad do a religious wedding ceremony without the wedding license and all that stuff.
Then proceed as planned with everything else except your father stays in England. The money saved on him not flying to the States
could be used to fly her to England. No need to go through any paperwork changes.
I'm not religious or into all the ceremony rigamarole but if I was your father I would think the honor of Marrying you two before God would
be a fair trade off for missing the other ceremony. I'm assuming he would not be the one to do the ceremony in the States.


Won't work.

ANY ceremony in the UK is regarded as legal.
Rebecca JoFemaleUnited Kingdom2011-03-27 10:56:00
K-1 Fiance(e) Visa Process & ProceduresRequest for expedite # 2 still denied?????

K-1s are not eligible for expedites. That is the rule. They will occasionally make an exception for a US serviceman who is being deployed to a combat zone.
NEVER make plans requiring any money deposits (unless you are prepared to lose the deposit) until the visa is IN YOUR HAND. The process can be delayed for may reasons or no reasons at any time. The approval of the petition is only step one. After that is the NVC which can and does take many weeks sometimes and then the consulate which can take days or take months.


K1 expedites have also been granted due to the health of the petitioner.
Rebecca JoFemaleUnited Kingdom2011-03-29 20:24:00
K-1 Fiance(e) Visa Process & ProceduresWhy can't the k-1 visa's be processed first come, first serve basis????

Aside from the "first come first serve basis" why don't they process it a little bit faster and not just faster but properly looking into the details, they been doing this many times before, so they must know what points in the application needed much attention, if they think something is wrong then go to the next application it might be easier to do it, that way they can have many papers to examine and at least touch every day, well of course many are waiting for their approval.


That is what they do. If something is wrong, they issue an RFE and move onto the next case.
Rebecca JoFemaleUnited Kingdom2011-03-29 21:56:00
K-1 Fiance(e) Visa Process & ProceduresWhy can't the k-1 visa's be processed first come, first serve basis????
It's always been this way.
Rebecca JoFemaleUnited Kingdom2011-03-29 21:35:00
K-1 Fiance(e) Visa Process & ProceduresRFE's
What makes you think you will get an RFE?
Rebecca JoFemaleUnited Kingdom2011-02-14 22:11:00
K-1 Fiance(e) Visa Process & ProceduresFinally met :)
Ah I really HATE O'Hare - it's huge like you say and the staff is NOT helpful!

Congratulations on a successful first meeting and good luck to you the rest of the journey!
Rebecca JoFemaleUnited Kingdom2011-04-23 09:42:00
K-1 Fiance(e) Visa Process & Proceduresmy permanent resident cart will expire, how to renew?

You don't renew a 2yr card, you have to send removal of conditions for a 10yr card.

You are going to need 2 years of proof of a commingled married life.

You file jointly, you both go to the interview, the fee is 590$.

Follow the guides and the instructions.


There's hardly ever an interview for removal of conditions.
Rebecca JoFemaleUnited Kingdom2011-04-30 22:02:00
K-1 Fiance(e) Visa Process & ProceduresGetting Married Before Entering US on a K-1
You probably also don't realize that you can't just fly over to the UK and marry your boyfriend. Foreign nationals must have a visa to enter the UK in order to marry a UK citizen.
Rebecca JoFemaleUnited Kingdom2011-05-06 21:30:00
K-1 Fiance(e) Visa Process & ProceduresWestern Union Receipts
Is it not possible to educate new members without calling them names?

Is it not possible for new members to accept they might be wrong?
Rebecca JoFemaleUnited Kingdom2011-08-24 11:50:00
K-1 Fiance(e) Visa Process & ProceduresAlready been married

I am basing my suggestion on my own experience AND very experienced lawyer opinion that I used for filing I129F and K1. What are YOU basing your opinion on? References please.


He is basing his experience on his own very difficult consular process.

Each case is unique. Especially at the consular level.

Apparently you like sticking around to help out others who are still going through the process. That's a good thing. As such, consider adding to your knowledge base the experiences of others. It will help make your advice more "accurate".
Rebecca JoFemaleUnited Kingdom2011-08-24 11:59:00
K-1 Fiance(e) Visa Process & ProceduresAlready been married
Jeez people.

At the USCIS stage, both parties have to be free to marry before filing. A recent divorce of either party will not cause the petition to be denied.

At the consular stage, it is country specific as to whether or not a recent divorce (of either party) will be a red flag.

Edited by Rebecca Jo, 24 August 2011 - 11:41 AM.

Rebecca JoFemaleUnited Kingdom2011-08-24 11:39:00
K-1 Fiance(e) Visa Process & ProceduresEnough Evidence?

I think people on the forum who give advice should actually learn the process a bit more properly. As you said " The petition goes on to the consulate and is reviewed by the CO before the interview. " That is why you have packet 3 and packet 4 BEFORE THE INTERVIEW FOR CO TO REVIEW. Hopefully this helped you understand the processes involved a bit better or you can just give ignorant advice.


http://www.visajourn...ost__p__4863979
Rebecca JoFemaleUnited Kingdom2011-08-24 19:04:00
K-1 Fiance(e) Visa Process & ProceduresEnough Evidence?

Man whats all this for ???? ALL THEY CARE ABOUT IS THAT YOU HAVE MET IN PERSON IN LAST 2 YEARS THEY DONT CARE ABOUT YOUR RELATIONSHIP THATS WHAT THE CONSULATE LOOKS AT. i don't why people get so confused over something so small i don't think its that hard to understand ( or i might be wrong ).

Just send them 1 PICTURE and your PASSPORT STAMPS PLUS YOUR AIRLINE BOARDING PASS MATCHING THIS STAMP===== THATS IT. THEY DONT CARE ABOUT GIFTS OR SKYPE RECORDS.



Because he wants to send it, that's why.

And because a package that has some relationship evidence is not a bad thing. The petition goes on to the consulate and is reviewed by the CO before the interview. I don't see what the OP is sending as "overly heavy" on evidence.
Rebecca JoFemaleUnited Kingdom2011-08-24 11:45:00
K-1 Fiance(e) Visa Process & ProceduresIs my relationship to new to apply for K1?

We did that. I liked in the UK for a month and she lived here for a month. We learned a lot, it was eye opening. We decided on the USA. At the end of the day there will be no discussion if we made the right choice because we researched it. My cousin lives in the UK after being raised in California. He is happier there, good for him. It is a decision you must make for yourself.


We will be returning to the UK at some point. We made decisions in the beginning because of family. And because my husband thought he would be better off here in the US. He has found out the streets in America aren't even close to paved in gold. When our family obligations are fulfilled, we will move back to the UK.
Rebecca JoFemaleUnited Kingdom2011-08-27 22:54:00
K-1 Fiance(e) Visa Process & ProceduresIs my relationship to new to apply for K1?

i would prefer to live in the US. She has to finish her studys.


Why? Do you still believe the old story that the US is the land of opportunity?

Seriously. Make a list of pluses and minuses for living in the US, and another for living in the UK. Take into account earning potential, cost of living, family support, social support and safety nets, and cost of health care.
Rebecca JoFemaleUnited Kingdom2011-08-27 19:45:00
K-1 Fiance(e) Visa Process & ProceduresIs my relationship to new to apply for K1?
Some particular reason the two of you want to live in the US instead of the UK?

You said you have a good job and she's a student. Would it make more sense for the two of you to live in Great Britain?
Rebecca JoFemaleUnited Kingdom2011-08-27 14:04:00
K-1 Fiance(e) Visa Process & ProceduresMarrying a Studient/Poverty Level

is there a link to what the co sponsor has to do or sign.

say worst case scenario i cannot find any work in the US and i run out of money and claimed from the government, this would never happen but thats a question a co-sponsor may ask?


What would you claim? The US doesn't have job-seekers allowance.
Rebecca JoFemaleUnited Kingdom2011-08-27 19:48:00
K-1 Fiance(e) Visa Process & ProceduresImmigration specialist to file a K1 petition

Please name three such services and provide verifiable evidence to support your statement. If you don't or can't, then withdraw your statement, as would a person who has shreds of honor and fairness.

Thank you in return, Brother Leatherneck-Bone. You're more gracious and circumspect than certain other posters in this thread.


:lol:

Why do you care?
Rebecca JoFemaleUnited Kingdom2011-09-02 06:21:00
K-1 Fiance(e) Visa Process & ProceduresImmigration specialist to file a K1 petition

Brother TBone TX, I know pushbrk has been around the block a few times, I know he has a wealth of knowledge about this process. I acknowledge that and respect the fact that he's still here to offer such. So I agree with you and thank you for the input.


:bonk:
Rebecca JoFemaleUnited Kingdom2011-09-01 20:44:00
K-1 Fiance(e) Visa Process & ProceduresImmigration specialist to file a K1 petition

Respectfully, what was the purpose of your comment? Considering the nature of which was less than positive and uplifting.
Of course, "There's more to obtaining a visa than filing a petition and there's more to filing a petition than filing in the blanks." the information
relevant to a visa petition is far more important than who fills in the blanks.
I think the OP was served well by the more encouraging comments and hopefully the OP feels a bit more confident with the idea
of doing it herself/himself.


:whistle:

Sometimes people do need advice about immigration matters. I've always felt EVERYONE should seek professional advice before they start down this road. We did. And we consulted with two other attorneys during my husband's AOS.

Just make sure you seek a licensed attorney who specializes in family cases. Don't use your family lawyer. Don't use an immigration lawyer that practices employment based law. Use a family specialist.

And don't use a service that fishes for customers off of DIY sites. It's not just about their dirty tactics. They aren't licensed and you have no recourse if they screw up your case.
Rebecca JoFemaleUnited Kingdom2011-09-01 19:19:00
K-1 Fiance(e) Visa Process & ProceduresCan my wife stay in the country??

i'll reclarify:

i'm the us citizen. my wife is the foreigner. after marrying my foreign wife who has came here on a k1-visa, does she need to get the AOS approved by a certain time to stay here legally?

i thought that marrying my fiance alone wasn't enough to keep her here legally.


You're right. It isn't.

To preserve her legal status, it is preferable to file adjustment of status before the K1 visa holder's I-94 expires. You have done this.

The gap in time between I-94 expiry and approval of the green card has no legal name. Technically, once the I-94 expires, an alien is out of status. BUT if they have filed a petition for adjustment of status, they have protected themselves by virtue of that filing. In essence they are saying to the US government - I wish to stay here and I seek your indulgence while you decide my case. Some attorneys call this non defined legal status as being under "color of law".

So no she does not have to go back. She's asked permission to stay while the petition is processed.
Rebecca JoFemaleUnited Kingdom2011-09-09 18:25:00
K-1 Fiance(e) Visa Process & ProceduresK-1: Question about I-134 form
There is no such thing as a primary sponsor or a co-sponsor for the I-134. There is only one sponsor. A consulate should only be looking for an affidavit from one qualified individual. There is anecdotal evidence in these forums of no I-134 being required of the US petitioner for K1 applicants at the consulate when there is another qualified sponsor. So on the outside, the information you got from the help desk at the consulate sounds correct.

I'm bothered though by the written instructions you received from the consulate, wherein (you say) the instructions ask for an I-134 from the USC petitioner. As such, if it were me I would not go to the interview without it. The CO may very well not need it (as your future mother-in-law is the only person who qualifies), but......well I don't think they would put it in writing if they did not mean it. This looks consulate specific to me.
Rebecca JoFemaleUnited Kingdom2011-09-30 19:27:00
K-1 Fiance(e) Visa Process & ProceduresAlmost have a K1, but now, an employer wants to sponsor?

Thank you for the advice - I knew somebody would have a better answer than mine - which was just "you can't do that!" lol - and he wasn't taking that!

Rebecca Jo - yes, he has a very high security clearance in a very specialized field...However, even if we have to wait, I'm pretty sure the company will hold the spot for him. I just wanted to have an answer to his question! And no - we will NOT abandon the K1 process - we've gone through too much and come too far! Lol

Thank you all! :)



Ah, very good! I wish you both much success!

He doesn't want to work before he has his EAD, no matter how lucrative the offer. Some people have worked without pay (while waiting for work authorization) thinking that if they accept the money after issuance of the EAD (in the form of a hiring bonus) then all is well. But that's not really true.

He will probably be here sooner than they could have gotten him here anyway, so sounds like things should work out for your man and his future employer.

Edited by Rebecca Jo, 30 September 2011 - 06:48 PM.

Rebecca JoFemaleUnited Kingdom2011-09-30 18:47:00
K-1 Fiance(e) Visa Process & ProceduresAlmost have a K1, but now, an employer wants to sponsor?

Also forgot to mention...
IF for some reason he came on a work visa (if you happened to abandon your K-1), and you later marry here - that could be construed as a material misrepresentation that he married you here in the USA while under the provision of a work visa (with the prior I-129F petition you filed).


Some work visas are dual intent, so there is no material misrepresentation if the alien married and adjusts status.

http://britishexpats...Work_in_the_USA

"You have skills that are in short supply, e.g. scientific or medical training. A degree is normally a must. Or you have superior specialist skills with at least 12 years experience ( 3 years experience for each year of a 4 year degree missing of study). Recruitment agents will not take you seriously if you are not already in the US. Writing for jobs is often futile, and US employers have no idea what many foreign qualifications mean, so it may pay you to get your qualification translated into a US equivalent. You need a job offer before you can get the visa. Your employer will be your sponsor at a cost to them of $5k and up. They may also have to prove to the Dept of Labor there is no American to do the job if the position is to be permanent. Your dependent spouse may not work. Employer can apply to sponsor you in April for an Oct start of the fiscal year, but there is a limited number of visa's issued, current cap of 65K visa's, which fill up quickly, unless the position is exempt from the cap, such as a university position. Dual-intent visa. Search in forums for: H1B Visa

You have a multinational employer who is willing to transfer you, but even then the employer has to make a good case for you. Your dependent spouse may work. Dual-intent visa. Search for: L1 Visa, intra-company transfer.

You have a multinational employer who is willing to transfer you, and the company you work for has significant trade between your home country and the US. You also have specialist skills which are essential to the operation of the company. Your dependent spouse may work subject to approval. Search for:E1 Treaty trader. This category is designated for persons engaged in international trade between the U.S. and the aliens’ countries of nationality."

Reimburse the beneficiary the cost of the k1 visa, call it a bonus for taking the job. That way the company pays WAY less than they normally would, and that way you as a couple save a few bucks.


Well, that's an odd concept.

If he's coming over anyway, why would they do that?

What is your suggestion for when he can begin work if he arrives on the K1?
Rebecca JoFemaleUnited Kingdom2011-09-30 18:32:00
K-1 Fiance(e) Visa Process & ProceduresAlmost have a K1, but now, an employer wants to sponsor?

Best for everyone: He comes on a K-1 and the company reimburses you all as his starting bonus once he has his GC. It is a LOT cheaper for them this way.


What do you mean, reimburse his starting bonus?
Rebecca JoFemaleUnited Kingdom2011-09-30 18:24:00
K-1 Fiance(e) Visa Process & ProceduresAlmost have a K1, but now, an employer wants to sponsor?
Work sponsorship doesn't happen as often as we like to think. Generally only larger firms fish outside of local waters for highly skilled aliens.

Is there something that makes you think this employer would be willing to sponsor him? And if they would, would you be willing to stop the K1 in order to wait for the work visa? Because he can't enter the US on a K1, and then turn around, go back home, and wait for another visa. Well - he could - but that would make your hard work so far all for nothing.

If your fiance enters the USA under the provisions of the K-1 he can not work until AOS and EAD. He can not be sponsored by a prospective employer for a work visa if he entered the USA on a K-1.

So... Either he comes on a work visa (which means you abandon your K-1 - which makes no sense), or you continue on your path - he comes on the K-1 and you AOS as soon as possible.


It might make sense if the guy is highly skilled and the job pays big bucks.

And if the work visa were dual intent, meaning he could marry and adjust status with no risk.
Rebecca JoFemaleUnited Kingdom2011-09-30 18:03:00
K-1 Fiance(e) Visa Process & ProceduresNewly engaged and going through the K1 process...have a few questions))
Matthew, the purpose of the explanation of when you met is basically for you to swear to the Service that you have seen your fiance within the last two years.

I also think it is a good idea to tell when you first met. Such as "in a pizza restaurant in Maine in May 2010". If you want to give a brief outline of your relationship, that is fine. Just make sure you dont' write such a "novel" that they are confused about that last time you were face to face.
Rebecca JoFemaleUnited Kingdom2011-09-30 18:40:00
K-1 Fiance(e) Visa Process & ProceduresNewly engaged and going through the K1 process...have a few questions))

I have seen folk who overstay their visa be banned for seven years. Sounds like that much time has gone by anyway, and it did not sound intentional so I think you are okay. BUT... make sure to admit it and explain it, and how she acted accordingly. Don't deny it, they already know.


She overstayed two weeks.

If she had overstayed 180 days she would have earned a three year bar.

It's been more than three years.

I don't think this information needs to go in the OP's explanation of how he and his fiance met.
Rebecca JoFemaleUnited Kingdom2011-09-30 18:37:00
K-1 Fiance(e) Visa Process & ProceduresHow much money is needed to support fiance?

Have several questions, items that I think will help other people to provide best advice.
You say you are living in Mexico, first question: You are a US citizen, right?
Second, if you all are in Mexico, K-1 is perhaps not the best route. I'd think CR1, which requires you marry in Mexico. Time wise is similar to K-1, with the plus that is an automatic GC once done; that way, if and when you move to the US, husband can be eligible for work immediately.
As other posters say, money in the bank suddenly appearing is not something that will help much. The government here is looking for some evidence that he will not become a burden, a job (the USC having a job in the US) is the most common way to do that. I'm not sure exactly how your case is as it seems you have been in Mexico for some time. Having or not a job in Mexico can be (and not necessarily 100% of cases) irrelevant when your intent is to move to the US; hence the CR1 route which would have spouse able to work since day 1. Will from grandfather is great, but as you know, cost of living in the US can wipe that out very fast; and then what?
Overall, it seems you would need a co-sponsor, and you might want to check form i-864 which is really the one that counts, and based on that; determine if a co-sponsor is needed. The I-134 is not an indication of what you would need to proof.

As other posters have said, don't try to bend things, it can come back to you. And also as they said, is not a financial snapshot what USCIS is looking for, but evidence of continuous and steady income which reflects in bank accounts being kept over time in a growing state, as well as a job to sustain that flow coming in.

Good luck


Why is everyone so upset over what the OP proposes? Why would it be a "lie" for her to receive advance funds from a future inheritance? And why would that money not be adequate for the I-134?
Rebecca JoFemaleUnited Kingdom2011-10-01 10:01:00
K-1 Fiance(e) Visa Process & ProceduresHow much money is needed to support fiance?

Savings doesn't mean that much. You're safer with a co-sponsor.


Savings certainly does mean a lot. Do you think the only money that counts for sponsorship is money from a J-O-B job?
Rebecca JoFemaleUnited Kingdom2011-10-01 09:54:00
K-1 Fiance(e) Visa Process & Procedurestwo divorces - two decrees???

And nobody has mentioned yet that two divorce decrees are worthless...

unless it is certified and signed off by the judge. I think they call it an exemplified copy, with a seal and judges signature.


Copies obtained from the clerk of courts (ie Circuit Clerk etc) are signed by the judge. The Clerk won't enter them into the record if they aren't signed.

The divorce decrees need to be certified with the raised seal of the state. In my case, since my divorce was in a different county from the state capital I had to have the copies forwarded to the secretary of state to get them certified. I used an agent that works with international adoptions to help get the papers certified. Basically ordered them from one county,had them shipped to her address then she forwarded them on to an associate who took them to the chinese consulate to be certified there as well.


That must be a procedure unique to your state of residence.
Rebecca JoFemaleUnited Kingdom2011-10-09 00:41:00
K-1 Fiance(e) Visa Process & Procedurestwo divorces - two decrees???

Of course he doesn't have it. The problem is. His divorce was in New York. He is now living in Florida. Can he get it without traveling there? Just call the court or send them a letter?


Yes, certainly. He needs to call the Circuit Clerk's office in the county wherein the divorce was finalized.

For clarity, the Clerk's office may go by another name. Registrar or who knows exactly what. He should know as he lived in the area.
Rebecca JoFemaleUnited Kingdom2011-10-08 12:19:00
K-1 Fiance(e) Visa Process & Procedurestwo divorces - two decrees???
If he doesn't he can easily get it from the county in which the divorce occurred.
Rebecca JoFemaleUnited Kingdom2011-10-08 08:29:00
K-1 Fiance(e) Visa Process & Procedurestwo divorces - two decrees???
He needs both divorce decrees.
Rebecca JoFemaleUnited Kingdom2011-10-08 08:05:00