ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresWorking before the wedding?

Many thanks Ladies and Gents, good to know people have worked this lot out :)


Not ideal for my situation it has to be said :/ But i'm sure i'll be able to work something out.


Oh, just think of it as a holiday before you jump into the big world of American corporate life.

Seriously though, the blip between arrival and employment will give you some time to adjust to your new world. You know, just go out strolling during the day and wow the locals with your accent. :lol:

If you can manage to sock some sterling away before you arrive, remember it's 1.50 to 1.00 coming this way. Can be a little nest egg to tide you over.
Rebecca JoFemaleUnited Kingdom2010-03-28 12:01:00
K-1 Fiance(e) Visa Process & ProceduresWorking before the wedding?

Yes, and I suggest you get it immediately. Alla got hers 16 hours after arrival.


And as Kathryn has explained above, Alla's was a very unusual situation.

The mileage for most other aliens will definitely vary from hers.
Rebecca JoFemaleUnited Kingdom2010-03-28 11:16:00
K-1 Fiance(e) Visa Process & ProceduresWorking before the wedding?

SSNs do not authorize work. Not for a visa holder and not for a citizen. Citizens are required to show a birth certificate or passport in order to legally work, we are NOT required to show a SS card. The SS administration does not authorize work. K-1s are eligible for SSNs because some jusrisdictions required them to obtain a marriage license (that has been changed also) and the SS administration classes the K-1 as "work eligible" to default their computers to issue SSNs to K-1s (if an untrained clerk doesn't stop you first)K-3s, K-2s and K-4s are NOT eligible for SSNs because they do not need to get married to meet their visa obligation. That is the ONLY reason K-1s have been issued SSNs up until now.


If a US citizen produces a birth certificate, they still have to produce a second identity document in order to prove work eligibility.

SS does not 'default their computers' in order to issue a Social Security number to an alien. The K-1 visa is in a category of aliens who are work authorized by USCIS.

It is the explicit instructions of the I-9 that clarifies which DOCUMENTS a K-1 needs to work legally. Not the visa classification itself.
Rebecca JoFemaleUnited Kingdom2010-03-28 11:12:00
K-1 Fiance(e) Visa Process & ProceduresWorking before the wedding?

Thank you for the reply, although as you might imagine, that's very not the answer i was hoping for (guess we should get the sites K1 timeline altered)

So, there is basically no way i can work until after i'm married?


You will not possess the proper documents to work legally in the US until after you have filed to adjust your status and received an Employment Authorization Document. This document will be a plastic card with the notation I765 on it.

You are eligible to adjust your status by virtue of marriage to your US Citizen petitioner.

Your marriage alone does not enable you to work legally.
Rebecca JoFemaleUnited Kingdom2010-03-28 10:23:00
K-1 Fiance(e) Visa Process & Proceduresfiance hired a lawyer

Sounds like JohnnyQuest either used an attorney or service himself, or is an attorney!...


JohnnyQuest has always handled his own paperwork.

JohnnyQuest has always consulted with an attorney while doing so.

thats exactly how i feel,it just makes me sad coz of the lost money,he could have visited me instead and coz of the wasted time,everything could have been sent out weeks ago,but no, need this paper,need that paper, it just drives me nuts coz all what she is asking is not necesarry for the initial application, i explained that to my fiance,well hopefully it will be sent out next week.


I hope you and your fiance have an honest sit-down before you marry about finances.
Rebecca JoFemaleUnited Kingdom2010-04-03 12:30:00
K-1 Fiance(e) Visa Process & Proceduresfiance hired a lawyer

well my thing is that those things arent needed to file the initial I-129f package,therefore i see it as unnecesary


The attorney is gathering information about your history in the US. While you may see it as unneccessary, I see it as being very pro-active towards your case. If there is going to be any glitches in your case because of past movement in and out of the US, examination of these documents should reveal that.
Rebecca JoFemaleUnited Kingdom2010-04-02 09:41:00
K-1 Fiance(e) Visa Process & Proceduresfiance hired a lawyer
Many law firms charge a set rate for a petition. Most do not charge by the hour.

It is also far from "unnecessary" for the attorney to be interested in documentation of any prior US visa paperwork or USCIS/INS issued documents. Nor should it be considered "unusual" for counsel to be interested in an old passport.

I see absolutley nothing wasteful or untoward about this attorney's performance based upon what the OP is reporting.
Rebecca JoFemaleUnited Kingdom2010-04-02 09:32:00
K-1 Fiance(e) Visa Process & ProceduresI-129F: legally free to marry in the law of my country?

You are asking about the locations of marriage and divorce, not the law of the country, right?

Yes I got married in Japan ( under the Japanese law) and I also got divorced in Japan ( unser the Japanese law).

But what I am worried about is, my ex-husband has his family book ( issued by the Morrocan government) which contains my name as his wife.

Anyway my answer to the both is YES. So All I need is a divorce decree from Japan.

Thank you for your help.


Well thank goodness we got that cleared up! :lol:

I was unsure what was going on from your posts. Sorry if I confused you.

For the record - I still have the family bible that lists my ex as my spouse. But we're very much divorced.
Rebecca JoFemaleUnited Kingdom2010-04-02 23:57:00
K-1 Fiance(e) Visa Process & ProceduresI-129F: legally free to marry in the law of my country?
Did you get married in Japan and get divorced in Japan?

If the answer to both is yes, all you should need to prove termination of that marriage is a divorce decree from Japan.

If you got married in Morocco the answer may be different.
Rebecca JoFemaleUnited Kingdom2010-04-02 23:45:00
K-1 Fiance(e) Visa Process & ProceduresI-129F: legally free to marry in the law of my country?
Were you married in Japan or Morocco?
Rebecca JoFemaleUnited Kingdom2010-04-02 23:27:00
K-1 Fiance(e) Visa Process & ProceduresI-129F: legally free to marry in the law of my country?

Which responses mystify you. The one that says she is correct. Forget about Morocco and just make sure she has a good legal certificate from her country. Why is it mystifying.

Making sure her documentation from Japan regarding the divorce is exactly what USCIS and DOS will want to see to make sure the divorce has been granted.

She is Japanese and does not know what to do. She is worried. She is entitled to ask if the status of the marriage in a third country matters. The answers are fine. Your posting is the only one that is mystifying.


Hostility much?

I presume you are aware that divorces in a different nation than the one in which the marriage took place are sometimes not recognized by US law?

That being said, I have no idea what constitutes a valid marriage in Morocco. I have no idea what constitutes a valid divorce in that country. But I bet there are members on Vj who do. I also have no idea if a divorce in Japan of a marriage originated in Morocco would legally dissolve that union insofar as US officials are concerned.

Rather than direct her question to the Morroccan Embassy in Japan as to what will prove the termination of that union, I'd suggest she check with the US Consulate in Japan. They are the ones issuing a visa to the US, after all.
Rebecca JoFemaleUnited Kingdom2010-04-02 22:25:00
K-1 Fiance(e) Visa Process & ProceduresI-129F: legally free to marry in the law of my country?

You are right Tomoka. You must show that you obtained a divorce from your husband and it is a legal divorce in your country. Do not worry about Morocco.

The divorce decree should have a Seal (colored stamp) and a signature but I know Japan uses a "hanko" instead of a signature. So it should be OK. You must send a copy of the Japanese divorce decree (certificate) and an English translation with the I-129F petition to show you are legally able to marry. DO not send the original divorce decree with the I-129F. Take the original and a copy to the Interview at the Embassy.

Besides being divorced there is a little more to the law about being able to marry. You need to be old enough to marry in the US State that you will marry your US fiance. I think you are old enoughh if you have married and divorced before.


I'm mystifed by these responses.

Is there some cultural nuance of marriage in Morocco (I'll concede this one) or Japan that I don't understand?

Married is married. If anything, one should be more concerned about USCIS/DOS questioning the end of the marriage. Not the view in the aliens home country.
Rebecca JoFemaleUnited Kingdom2010-04-02 14:30:00
K-1 Fiance(e) Visa Process & ProceduresBio Father refusing to allow C.R. Passport.

Thanks for your input. I will consider what you have said...although:

1) I have never heard of adding a child to a mother's passport. To my knowledge, all persons MUST have their OWN Passport from the country of their citizenship. I went through this one other time with a woman/daughter from Colombia...BOTH of them needed their OWN Passports. Same here in the USA....everyone needs their own Passport.

2) Fundamentally, I do not agree with bribes. Things must be done for the correct reasons, not financial gain. Additionally, the "permission letter" does not allow the children to have a K-2 Visa. Whether anyone gets a VISA is a decision made by the U.S. Government through the Visa Petitioning Process which we all are going through at this time. Thus, the "permission letter" allows the child/children to leave that country AFTER they have been granted a VISA by the USA.

Best Wishes to You,
Franc


Adding the child to the mother's passport is likely a country specific protocol. What happens in the Ukraine has little to do with Costa Rica.

Other than the 'bribe'. Read around and you'll find this as 'modus operandi' in many cultures. I can understand your aversion to it but, well, that may just be the way things are done in your fiance's country. You may need to decide if you want to stand on principal or get the job done.
Rebecca JoFemaleUnited Kingdom2010-03-15 21:05:00
K-1 Fiance(e) Visa Process & ProceduresBio Father refusing to allow C.R. Passport.

Congratulations on having 2,502+ postings on the VJ Forum. You must be very active on here...however, your posting did not help me whatsoever. I'm wondering why you bothered to post???
Buena Suerte con todos,
Franc


Franc -

The little whistly smiley is for "sarcasm".

In this case, I understood John perfectly. Just use your imagination. He was just trying to lighten things up a bit.
Rebecca JoFemaleUnited Kingdom2010-03-15 20:59:00
K-1 Fiance(e) Visa Process & ProceduresI Need Help....Unique situation??

All the same is true of a green card holder not just a dual citizen.


US citizens (by birth or naturalization) have a US tax liability for life.

Green card holders have the same liability unless there is an administrative or judicial proceeding which terminates their permanent residency.

Or if they surrender their green card.

Certain permanent residents who have lived in the US long-term (8 years or more) will need to complete other documents with DHS and the IRS.

http://eritrea.usemb.../tax_guide.html
Rebecca JoFemaleUnited Kingdom2010-03-28 10:05:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa process

http://www.state.gov/documents/organization/86942.pdf

According to this, drunk driving is specifically excluded as a crime involving moral turpitude...

I know I've got it stuck in my head that it would be a problem too, though. Just trying to remember enough to dig up a link.


My understanding is it becomes a problem at the medical, rather than declaring the offense a CMIT on interview date.

If the panel physician will not clear the visa applicant, they may have to file a waiver on medical grounds wherein he proves he is not an alcoholic.
Rebecca JoFemaleUnited Kingdom2010-04-07 20:48:00
K-1 Fiance(e) Visa Process & ProceduresWould I be hurting our chances if I applied for a K-1 now?

Not sure about I-134, but I-864 is certainly enforceable, and it had been enforced.


Yes the I864 is legally enforceable, but that portion of the discussion was about the sponsorship of a K1 entrant. The I864 is not used for that purpose. Some consulates will wish to see an I134 for sponsorship, and that document does not bind the sponsor to the US government for repayment of means tested benefits an alien might use.

My read of the K-1 and the I-94 differs from yours I suppose.

Take a look at this document - and read over the i-94 and the K-1.

USCIS I-94

Your absolutely right there is nothing written in the K-1 that you have to AOS in the 90 days, because it's understood that the immigrant would follow the rules on the I-94 when it's issued. (VISA <> I-94)


That's an excellent link.

Gotta love the ambiguity of the government documents.

Yet, nowhere does it say that AOS needs to be filed within 90 days of POE.


And your point is?
Rebecca JoFemaleUnited Kingdom2010-04-11 08:02:00
K-1 Fiance(e) Visa Process & ProceduresWould I be hurting our chances if I applied for a K-1 now?

I agree with both of you Push and Johnny. Regardless of the likelihood of actual departure under deportation orders, I think just the legal problems of getting to that point (or avoiding it) are traumatic enough.

The point that I was making was more along the lines that the way you stay out of trouble is to file for AOS, because if you don't and get caught, your "due date" has arrived!! If in fact you were able to just cruise along in your life without ever adjusting, then these guys would just have to show a marriage certificate and go on their merry way. If you talk about deportation, people start screaming about scare mongering. Posted Image


I was pondering over this while enjoying a drink this evening, and my thoughts are that it boils down to an IJ being willing to allow the alien to adjust NOT because they are married (ie because there is some sort of defined legal status for an alien without a green card married to a USC), but because they know the law is complex and because they know dealing with DHS is not cheap.

That sounds like saying a judge is willing to overlook ignorance or dilitoriness of the law. Clearly that happened in the case of the Australian you cited in your post, because that gentleman stated he thought as long as he was married he was in the clear. Since we know ignorance of the law is no excuse, why would a judge allow the alien to correct the situation?

Probably because there is a wailing US citizen spouse in the other room. In other words, the IJ detects the relationship is bonafide.

*edited for clarity*

Edited by JohnnyQuest, 08 April 2010 - 10:17 PM.

Rebecca JoFemaleUnited Kingdom2010-04-08 22:12:00
K-1 Fiance(e) Visa Process & ProceduresWould I be hurting our chances if I applied for a K-1 now?

Since a spouse of a US citizen is eligible for immediate adjustment of status (Excepting, of course, EWI), they usually would immediately apply for adjustment rather than be deported. It's happened twice that I know of to VJ members - one from a visitor visa here, and one where I cannot find the thread - but he was travelling to renew his passport and got caught. He had come on a K-1, married on time, but was out of status without having filed AOS. Again, there, they were required to file AOS immediately to avoid further trouble.

So yes, marital status can affect the part of deportation where they put you on a one way trip home, but it is no protection to significant legal hassles leading up to that.


Yes, but I think the operative words here are "can affect" with the emphasis on "can". There really is nothing stopping a judge from ordering removal of ANY alien with an expired I94 and no I551. The marital status itself is not a protection from any order of removal.
Rebecca JoFemaleUnited Kingdom2010-04-08 19:07:00
K-1 Fiance(e) Visa Process & ProceduresWould I be hurting our chances if I applied for a K-1 now?

1. You ARE out of status once the I-94 expires. That is definite. However there is a kind of unsaid "path to AOS" status... it's not official, it's just there because of the K1

It's not an unsaid path. It's in the INA that an alien may adjust status if they are married to a USC.

2. The K1 visa permits entry to the US, to marry your petitioner.

Yes.

3. The rules of the K1 state, arrive, marry, then AOS with petitioner

No they don't. The K1 permits entry to marry. That is it's only purpose.

4. The process isn't "complete" until AOS has been filed for and accepted/denied

The alien is not a permanent resident until they adjust status. There is no actual "process".

5. There is no "AOS due date" and as such you are technically "protected".

No that's patently false. You are out of status if your I94 is expired and you have not filed to adjust status. Even if you have filed you are only under color of law as far as DHS is concerned. There is no legally defined immigrant status for persons with an expired I94 and no green card.

6. Because technically your K1 process isn't complete, when you arrive at a deportation hearing, your case is "in process" because you have not been given a chance to file for AOS and they must permit you to do so as there is no AOS "due date" you haven't broken any rules.

No your case is not in process because no process has begun. If you are not removed from the country then that happy circumstance has occurred due to the benevolence of the judge.

7. The main issue is the expired I-94 which puts you "out of status"... technically you broke that "law" but .. ugh it's hard to explain but basically it defers to your entry visa which said you are there to file AOS, and it can be filed "whenever".

Vanessa - that's just silly.

It IS bizarre, I didn't say it wasn't, but that's the law or rather, interpretation of the law (and the many many sections of the law).

You should always try and avoid this though. It's way more stress than anyone should wish on anyone.


Rebecca JoFemaleUnited Kingdom2010-04-08 18:58:00
K-1 Fiance(e) Visa Process & ProceduresWould I be hurting our chances if I applied for a K-1 now?

Yes. Though the K1 is technically "dead" on arrival, it is the status under which you arrived and as long as you have followed it's requirements you are protected from deportation. Not from being hassled. As there is no law governing WHEN AOS must be applied for, only that marriage must occur within 90 days, the immigrant is protected by this "lack of law" rather that there actually being a specific law about it.

I understand your point if it's a simple visitors visa type situation but the K1 has it's own specific laws/rules. The immigrant is protected by the law that states "marry in the 90 days then file AOS as soon as possible". They will detain the immigrant (and lots of fees arise from this) and then the judge will instruct the immigrant to file AOS.

I am in no way suggesting this as a course of action and in fact believe you should marry and AOS ASAP... but the law is on the K1's side if it ever is bought before a judge... which I would hope most people would be smart and do everything in their power to try and avoid.


Vanessa,

That is the strangest explanation of K1 status I have ever seen.

Really, marriage hasn't got anything to do with how long a K1 entrant is in status. It's the I94 that governs that.

Marriage is the vehicle by which the K1 entrant may adjust their status. Marriage does not preserve status - it enables an alien to apply for status adjustment.

I'm not beating you up. But I do think you've got it wrong.
Rebecca JoFemaleUnited Kingdom2010-04-08 15:38:00
K-1 Fiance(e) Visa Process & ProceduresWould I be hurting our chances if I applied for a K-1 now?

You're right, JQ, I find myself appalled by a large number things greatly. Must be getting old and cranky.


No, dear girl You are young and beautiful.

Personally I'm not bothered by what the OP is proposing. I don't think it's illegal and I don't think anything we are discussing violates the TOS. And I feel that way because "intent" can mean many things.

It's been pointed out to the OP that the relationship will have to be "true" to pass muster at the consulate. It's been pointed out that his fiance should not sign a document saying she intends to marry the OP if she doesn't have any intention of doing so.

I am bothered by what I hate to say is an underlying air of "pressure" that this visa would put on the young woman. I would hate to see her feeling somehow beholding to her US partner to marry him if their "intended plan" did not work out.

So - while I have no real immigration problems with what is proposed, I have concerns about the young lady's well being.
Rebecca JoFemaleUnited Kingdom2010-04-08 15:13:00
K-1 Fiance(e) Visa Process & ProceduresWould I be hurting our chances if I applied for a K-1 now?

If you have no intent of marrying and just want to try out life in the U.S.A., you'd be committing visa fraud--using a specific visa for a totally different purpose.

It's that simple. The K-1 visa is NOT meant to be a test drive, no matter what anyone says so. Encouraging such an act is against the VJ TOS as it is illegal.

You already state that it would be "impossible for you to get married within the 90 days" of U.S. entry. THAT is the ONE requirement of the K-1 visa--that the K-1 entree marry her original USC petitioner within 90 days.

While I do understand your situation and realize the bind you are in -- you should not begin the process--a long, exhausting, tiresome, frustrating expensive one--if you can't fulfil the basic requirement of the visa that you're attempting to secure. You're setting yourself up for failure right at the start.

Also, do NOT, under ANY circumstances lie to immigration. Bad, bad idea.


sachinky -

You'd probably be appalled at the number of people who do exactly what you say is visa fraud. They obtain a K1 visa with the "intent" of getting married - getting married if everything works out, that is.
Rebecca JoFemaleUnited Kingdom2010-04-08 14:04:00
K-1 Fiance(e) Visa Process & ProceduresWould I be hurting our chances if I applied for a K-1 now?

If she has no intent to marry she cannot truthfully complete one of the requirements, the letter of intent to marry. He technically can't begin the process with success as an outcome if he doesn't have that letter from her. She should not write and sign that letter if it is not true.


That's true.

I'm certainly not going to advocate lying on a visa petition.

Many aliens don't have the opportunity to visit the US. They are from countries with no VWP privileges or it's nigh impossible for them to acquire a visitor visa. They don't get to "try on" life in the US as others do.

I know it was said above that the K1 visa isn't a 'dating' visa and it isn't. But even couples with concrete intent sometimes fall apart after the alien comes to the US. If the foreign fiance has no other option to see and learn about life in the US, why should we discourage that? The alien enters the country, the couple sees if they are compatible AND if the alien feels they can adapt to life in the US, and the alien either marries their US petitioner OR goes home within 90 days.

I realize that might sound cracked, but try to look at it from the perspective of someone who isn't Canadian (or European or some other 'flavor' of non-USC) and REALLY has no other option before making a life-changing decision.
Rebecca JoFemaleUnited Kingdom2010-04-08 12:43:00
K-1 Fiance(e) Visa Process & ProceduresWould I be hurting our chances if I applied for a K-1 now?

Couldn't be said better, the K1 process can be very tedious, long, difficult, and expensive depending upon your financial situation. But, that being said being apart from the person you love is torture...I'd still wait until she said yes though. You will have to sign a document saying you will support her so keep that in mind too.


But it's a legally unenforceable document. So there is no risk on the OP's part.

Not meaning to be rude, but the OP didn't ask us if he SHOULD do this. He asked us if he could. It isn't hard to get a K1 petition approved. It may be harder (at the interview) for his fiance to get her visa if she discloses there are no imminent plans to marry.

Nonetheless, it is an option and a viable one.
Rebecca JoFemaleUnited Kingdom2010-04-08 11:56:00
K-1 Fiance(e) Visa Process & Procedureswant to apply for k1 visa but just got divorced

One member currently with his fiancee in AP (administrative processing) after the interview might be because he was married to an alien fiancee, met his current fiancee, divorced the first alien fiancee and in the same month became engaged to his current alien fiancee.

There are some cases that actually are complicated after a little further study in which maybe filing a petition immediately in succession with the divorce will be frowned upon or even rejected at the Consular stage.


I notice the word "might" in your post. Were the involved parties in this case actually told the previous marriage was a reason for the AP?

If they were, has it occurred to you the relevant issue might be the PETITIONER having a history of filing petitions for alien fiances, rather than a history of previous marriages? Because there is a difference.
Rebecca JoFemaleUnited Kingdom2010-04-11 08:28:00
K-1 Fiance(e) Visa Process & ProceduresStart K-1 process before or after traveling to US?
No doing private/informal English lessons while on the visa waiver.

If she tells CBP that's what she'll be doing, she'll get bounced for sure.

If she gets in by omitting that fact, but engages in lessons, that's against the terms of the VWP.

Edited by JohnnyQuest, 16 April 2010 - 02:28 PM.

Rebecca JoFemaleUnited Kingdom2010-04-16 14:28:00
K-1 Fiance(e) Visa Process & ProceduresLost my job.....

So, I definitely need to send in a new one? Or was that just a suggestion if I do decide to do so?


Who would you send it to?
Rebecca JoFemaleUnited Kingdom2010-04-18 16:40:00
K-1 Fiance(e) Visa Process & ProceduresLost my job.....

UPDATE I found a job! yay! I just finished filling out my I-134 affidavit of support listing my job. I saw somewhere that since I have new demographics that I should submit a new G-325A also. True or False? Who do I submit it to if true? Do I send to him to take with him to the interview or do I resend it to USCIS?


Send it with him to take to his interview. The CO may ask for it, or they may not.

As the State Department has your case now, there is no point sending the document to USCIS.
Rebecca JoFemaleUnited Kingdom2010-04-18 15:46:00
K-1 Fiance(e) Visa Process & ProceduresNeed your help!

Dang it. I really want to respond to this, but the arrogance in this thread is beyond annoying. There is no flipping reason for people to be out and out rude to others on this forum. POST AFTER POST after POST about the growing level of rude here proves people are sick of it.


I'll stand behind Otto & Karin on this one for simplicities sake. Gather the information, ask, and try. That's all you can do.


:lol:

Well, I thought rudeness was de rigueur around here! Don't you have to be proficient at it to be one of the experts?
Rebecca JoFemaleUnited Kingdom2010-04-23 13:01:00
K-1 Fiance(e) Visa Process & ProceduresCall your Senator!!!
I have spoken with congressional liasons on several occasions, both as a part of my personal immigration story and on behalf of immigrant organizations lobbying on the Hill. These conversations are always particularly enlightening because you gain insight into some truly cocked-up situations. You hear of cases with unbelievably long timelines and/or situations which really could be called civil rights violations so far as the USC is concerned.

Long story short, IMO congressional aid should only be sought in extreme circumstances. There are really and truly more horrible cases out there than most I've read on this community. Being 30 days outside of processing times really isn't a good reason to jack up your congressional representative.

Save the big guns for when you really need them. And hope that you don't.
Rebecca JoFemaleUnited Kingdom2010-04-23 13:12:00
K-1 Fiance(e) Visa Process & ProceduresCAN HAVE MANY TRAVEL STAMPS IN MY PASSPORT CAN SEND ME IN FRAUD PREVENTION UNIT OR AR???

Moved from Immigration News Forum.


I will let others answer your question about the travel stamps but I did want to state that you do need to state that you have had another K-1 petition applied for and that it was cancelled by the petitioner. There is a place on the application where they ask about any prior visas or immigration benefits so be sure you write yes, even though the petition was cancelled. If you don't mention this, immigration could say you were trying to lie to them and you don't want to give them any excuse to believe that. Your lawyer has given you bad advice here. Immigration will have a record of the petition and you need to tell them about it also.


Actually the lawyer is correct.

The I129F nor the G325 ask the beneficiary any questions about any previous visas.

And the DS 156 only asks about visa refusals.
Rebecca JoFemaleUnited Kingdom2010-02-16 13:41:00
K-1 Fiance(e) Visa Process & ProceduresCan you be denied at the border ?

I personally don't know anyone who this happened to, if you do ALL that's required from you and pass all checks and you're legally going there, why would they do that? If your fiance doesn't speak good English, they should call for a translator or you can go with him/her. Don't worry, it is so rare.


Yes, you are right, it is rare. Very, very rare.

Simply put though, a visa (of any kind) doesn't guarantee you admission to the US. Think of a visa as a document which gives you permission to present yourself at a US border, for entry, for a certain purpose (working, going to university, marriage, business, etc). At this point, the decision is always in the hands of US Customs and Border Patrol. CBP agents are charged with the responsibility of ascertaining whether or not you present as you purported to the State Department. And they are also charged with inspecting you for contraband or as a security risk.

Every step of this process is intertwined yet separate. Understanding the steps makes it easier to prepare yourself for a smooth journey. :)
Rebecca JoFemaleUnited Kingdom2010-05-14 20:17:00
K-1 Fiance(e) Visa Process & ProceduresCan you be denied at the border ?

" It's very rare but it does happen. I know of at least three known cases reported on this website. "

Any particular reason as to why .. Can you link their stories ?


The one situation has already been referred to in this thread.

The other two accounts were lost in a web-site crash three or four years ago. One was a similar tale to the Canadian story except a waiver WAS required for the K1 holder to enter. The other incident involved an entrant who did not speak English as a first language and referred to his fiance at entry as his wife.
Rebecca JoFemaleUnited Kingdom2010-05-13 17:45:00
K-1 Fiance(e) Visa Process & ProceduresCan you be denied at the border ?
It's very rare but it does happen. I know of at least three known cases reported on this website.
Rebecca JoFemaleUnited Kingdom2010-05-13 16:41:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS says they haven't received our application...

I am sure you have many such cases to note. Note the memo refers to cases for benefits "that do not exist" The benefits of a K-1 clearly exist. A K-1 in this case WILL NOT be denied without an RFE. If I am wrong, one of our VJ members will note how they were denied without an RFE.

Have you any idea how many petitions are filed for "friends", 3rd cousins, classmates? Immigration benefits for friends, classmates and 3rd cousins do not exist. Are you aware that the OP is not the only one that cannot read directions? K-1 benefits exist, a large percentage of people cannot fill out a form correctly.

Your task is simple Johnny, find a petition, ANY petition, that was denied, without RFE, because someone didn't fill in a blank on the G-325a. Your attempts to cover your ignorance of the issue with irrelevent memos is of no benefit to the OP. The OP has the information now to proceed. They aren't happy with the result, but such is the case when you shoot yourself in the foot. Both feet actually. For other people reading the forum, it does them no good to be scared to think they may make a mistake or forget to fill in a blank and be suddenly denied.

It won't happen.


*sigh*

Gary, this is not about trying to scare people into thinking they will be denied if they leave something blank.

What makes you so certain a petition cannot be denied without USCIS first issuing an RFE? Is it your 'relationship' with the Director of the Vermont Service Center?

If that is the case, then I would suggest you ask him about the 'irrelevant' Interoffice Memorandum referred to. Ask him if a case can be denied without an RFE, and then report back to us.

*raises hands*

I have no dog in this fight, but since you seem to, I'd suggest you assure yourself and the membership of your assertions.

*edited to add that my assertions have never been based upon information left blank on a document but rather based upon information that disqualifies the petitioner for the immigration benefit*

Edited by JohnnyQuest, 16 May 2010 - 05:17 PM.

Rebecca JoFemaleUnited Kingdom2010-05-16 17:15:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS says they haven't received our application...

Well thank you for the information. We were both under the impression that the divorce had to be final at the time of the interview, not the time of filing. So insulting my fiance is not necessary since we were both wrong. We will have to cancel the application and start over. Also, I will be hiring an immigration lawyer since we apparently don't know what the heck we're doing (thanks for pointing that out so kindly sir) and I will stop stressing and hope that my application gets approved at some point. Before the baby is born is highly unlikely, but we'll do what we can. And for the person who was wondering whether the baby is my fiance's, yes it is.


Amecia, I don' think they information provided to you regarding your child's father was ill-intended. The birth of a US citizen abroad should be recorded at the nearest American consulate to ensure no hiccups with that child's US citizenship.
I believe that's the crucial information Audy-Rob was trying to impart to you.
Rebecca JoFemaleUnited Kingdom2010-05-16 15:22:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS says they haven't received our application...
http://www.uscis.gov...e/RFE021605.pdf

"As part of its backlog reduction initiatives, USCIS is amending the regulations at 8 CFR
103.2(b)(8) to address when a RFE is required, and it is anticipated that the new regulations
will provide greater adjudicative flexibility, guided by policy and procedural memos such as
this one. In the interim, this memorandum reiterates that a RFE or NOID is not required for
every case prior to adjudication, clarifies when an adjudicator may approve or deny an
application or petition without issuing a RFE or NOID, and explains how to choose between
a RFE and NOID."

http://www.murthy.co...s/n_uscres.html

"The February 16, 2005 Memo indicates that the prior (May 4, 2004) RFE Memo was issued because adjudicators were issuing RFEs on cases that were clearly not approvable under any circumstance. These are cases that, essentially, are asking for an immigration benefit that does not exist. The issuance of RFEs in these cases resulted in delays in the processing of legitimate cases. As explained below, this category of case can still be denied without an RFE."
Rebecca JoFemaleUnited Kingdom2010-05-16 14:49:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS says they haven't received our application...

USCIS must assume the information was omitted unintentionally. You will never see a denial stated because a person did not fill out information on the form. EVER. If this were EVER the case, there would NEVER be a reason for an RFE. ALL RFEs are to request missing or improper information. An adjudicator has NO WAY to determine if a person is answering truthfully or forgot to fill something out. Adjudicators are not allowed to make this judgement. Anyone denying a case on this basis would be in for a world of trouble with the office of the inspector general.

If the information provided in the initial review does not meet the qualifications, the adjudicator MUST allow the petitioner the opportunity to correct or provide the information and YES they most definitely worry about "covering their @ss"

Again, people with differing opinions can offer some cases which have been denied without RFE. Please do so.


Gary, I am sure you are correct.

Now, say you are an adjudicator. You are looking at the G-325a (it could be the G-325a for the petitioner or for the beneficiary). In the box "current husband or wife" there is the name of an individual who is neither the petitioner or the beneficiary. In the box "former husbands or wives" there is either N/A or there is some allusion to a future ex-spouse.
The petitioner has also been kind enough to supply a cover letter which explains the situation.

What would you be issuing an RFE for?
Rebecca JoFemaleUnited Kingdom2010-05-16 14:31:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS says they haven't received our application...

Stating facts is not being impolite, whether you like it or not.

The OP would be advised to withdraw their petiton as soon as possible to reduce the hemmorgaing from their mistakes and stop shooting themselves in both feet. Time to put the gun down and stop shooting.

Prepare a new petition and a certified letter to USCIS. As soon as the petition gets directed to the proper place and the OP gets their NOA1 and case number, they can send off the withdrawl letter and then the new petition. They have lost nothing but the $455. Education is expensive.


Stating facts isn't the same as telling someone they are "ignorant", "wrong", and "get over it".

I could now at this point go whining to the moderators about your behavior, but it's quite unnecessary. You're doing a lovely job of proving yourself to be less than a gentleman, all by yourself.

Then, pray tell, on WHAT basis would they deny? An improperly filled out form? Are you serious?


Answering the questions on the form truthfully is not an "improper" filing.
Rebecca JoFemaleUnited Kingdom2010-05-16 13:48:00