ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresPetitioner is losing his JOB before the compeletion of K1 Process

Just as true whether employed on the interview date or not.


Now that makes a lot of sense.................
Rebecca JoFemaleUnited Kingdom2010-01-31 14:50:00
K-1 Fiance(e) Visa Process & ProceduresPetitioner is losing his JOB before the compeletion of K1 Process

He's employed now. Have him complete the I-134 sign and date it now. Then send it to you with the appropriate supporting documentation and recent pay stubs. Generally a February I-134 that looks good will not be questioned in March or April.


Might work.

Might not.
Rebecca JoFemaleUnited Kingdom2010-01-31 11:05:00
K-1 Fiance(e) Visa Process & ProceduresK1 Petitioner vs. K1 Beneficiary
Common sense says go to the police. Should be no reason to do otherwise unless the beneficiary has something to hide.
Rebecca JoFemaleUnited Kingdom2010-02-05 12:57:00
K-1 Fiance(e) Visa Process & ProceduresRegards to US citizenship thru K1 visa

Hello everyone.
I petioned my fiance thru K1 visa & I read somewhere here in the forum that it takes 3yrs of residency to become a US citizen. Do number of yrs starts when she first obtained her temporary 2 year green card?
Thanks for your help.


Yes.

Pendantic but it's not a 'temporary' card. She's a permanent resident now and there is nothing temporary about it. If it were temporary it would merely expire.

She holds a 'conditional' card - meaning her residency is conditional upon either still being in a viable marriage with you two years from the date on the card OR having proved that your defunct relationship was originally bonafide.

She can only receive US citizenship at the end of three years from the date on her card if your marriage is still ongoing at that time. Grantees of a VAWA adjustment may also naturalize three years from card date. Conversely if the marriage has failed between the time of removal of conditions and the decision to naturalize, the permanent resident must wait till 5 years from original date to naturalize.
Rebecca JoFemaleUnited Kingdom2010-02-05 20:14:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about I-134 and DS-230
Does your consulate have a history of requiring the last years income tax return at the interview? It's not a stipulation of the I134 you know, but some consulates want the document.

If they do want it, there's no way for any of us to predict if they will accept your explanation. It's also a bit early in the 2009 tax filing period for a consular to demand a 2009 return. It sounds like you have a plan for this problem, and at this point all you can do is give it a go and hope for the best.

As far as Daddy-O goes, the remark "unknown" will suffice.
Rebecca JoFemaleUnited Kingdom2010-02-11 11:12:00
K-1 Fiance(e) Visa Process & ProceduresWhere is requirement for proof of relationship?

I mean, next time PM Johnny Quest or something.


:thumbs:

;)
Rebecca JoFemaleUnited Kingdom2010-02-12 19:49:00
K-1 Fiance(e) Visa Process & ProceduresWhere is requirement for proof of relationship?

To anyone considering adding a notarized document to their collection of evidence that they have met their fiancee, I say go for it. I defy anyone to provide any evidence whatever that it's ever harmed anyone's case.


:thumbs:

I haven't been able to find 3 legged pants for sale--not even online. Where can we get them?


At Immigrants-R-Us.

I think it's a secret weblink. But some people here know it.
Rebecca JoFemaleUnited Kingdom2010-02-12 10:36:00
K-1 Fiance(e) Visa Process & ProceduresWhere is requirement for proof of relationship?
Is it just me, or is there now enough hot air in this thread to remake "Around the World in Eighty Days"?
Rebecca JoFemaleUnited Kingdom2010-02-11 20:56:00
K-1 Fiance(e) Visa Process & ProceduresWhere is requirement for proof of relationship?
:lol:

So big deal the guy wants to do something "different" to prove the timing of his last face-to-face with his woman.

He's not suggested anything illegal, immoral or fattening.

I think it's kind of creative myself. Sure has created a great deal of knicker-wadding though.
Rebecca JoFemaleUnited Kingdom2010-02-11 14:24:00
K-1 Fiance(e) Visa Process & ProceduresApplying for a K1 visa from another country

I don't believe she needs to leave and come back on a special visa. A quick Google search yielded this page:
http://www.bia.homeo...iontomarryinUK/

Which says "If you or your future husband, wife or civil partner are not nationals of the European Economic Area (EEA) or Switzerland, you can visit the United Kingdom together to get married or register a civil partnership as long as you intend to leave the country within six months."

Click around the rest of the links on there and you should be able to get most of the info you need. If she wanted to marry you and STAY in the UK, that would be more complex. But I THINK it's like the US in that you can come over, marry, and go back home with no problem. But do your due dilligence to find out all of the regulations and laws.

I don't know UK rules intimately so don't quote me on anything. I just know how to use Google most of the time. :thumbs:


Following the NEXT link after yours describes the documents needed to marry in the UK.

http://www.bia.homeo...ried/documents/

'If you are currently outside the United Kingdom and are coming to the United Kingdom to get married or enter a civil partnership, the documents you require will depend on how long you intend to stay in the United Kingdom.

?If you are coming to the United Kingdom as a visitor for marriage or civil partnership you must get entry clearance (permission to enter) for a visit for marriage or a visit for civil partnership.
?If you are planning to travel to the United Kingdom to get married or register a civil partnership with someone already settled here and you plan to stay in the country afterwards, you will need entry clearance (permission to enter) as a fiancé(e) or proposed civil partner."

"Furiners" ;) need a visa to marry a British visa.
Rebecca JoFemaleUnited Kingdom2010-02-11 13:47:00
K-1 Fiance(e) Visa Process & ProceduresWaiting for Interview, Petitioner has moved, How to change address!

well she submitted that with the packet 3 already as well. should it be re-filled out?


Ah, I see.

This is really more a case of full disclosure and being honest, you know? If you had moved AFTER her interview, there wouldn't be anything at all for you to do regarding your address change. It would simply be disclosed at the next step of the journey, her adjustment.

I'd suggest she write the new address on a slip of paper and carry it with her. As the interview moves along, there will probably be a point where she can mention you have changed your address. She'll have the information ready then if the CO wants to record the change.

It's real small potatoes. Don't worry too much about it.
Rebecca JoFemaleUnited Kingdom2010-02-12 07:04:00
K-1 Fiance(e) Visa Process & ProceduresWaiting for Interview, Petitioner has moved, How to change address!

https://egov.uscis.g...i/go?action=coa

This will help you in changing your address. Since you submitted packet 3, you might want to e-mail the consulate and inform them of the move and see what they say

Good luck.


The case is complete at the USCIS level and has moved on to the State Department. If you filed this form, USCIS wouldn't know what to do with the information.
Rebecca JoFemaleUnited Kingdom2010-02-12 06:54:00
K-1 Fiance(e) Visa Process & ProceduresWaiting for Interview, Petitioner has moved, How to change address!
The only thing for you to do is make sure your affidavit of support reflects your proper address. This gives your fiance a sequeway for introducing that information to the CO.
Rebecca JoFemaleUnited Kingdom2010-02-11 11:03:00
K-1 Fiance(e) Visa Process & ProceduresCan you get married while waiting for the K-1 Visa to be approved?
No.
Rebecca JoFemaleUnited Kingdom2010-02-13 11:30:00
K-1 Fiance(e) Visa Process & ProceduresHow many years of evidence to provide?

I hope you don't incur any delays when your adjucator hurts their back trying to lift your documents!


Wot?
Rebecca JoFemaleUnited Kingdom2010-02-15 11:29:00
K-1 Fiance(e) Visa Process & ProceduresFiancee moved - new address
As long as the case is still at the Service Center, the change can be made by dialing the I-800 number.
Rebecca JoFemaleUnited Kingdom2010-02-15 19:45:00
K-1 Fiance(e) Visa Process & ProceduresQuestion of the context of hardship in K1
Shane - Immigration forums are full of inspirational stories.

There was one in this community some years ago of a young couple both stricken with muscular dystrophy.

She made the requisite trip to the US for purpose of meeting and found their love was real. He filed a petition on her behalf to move to the US. Their disabilities were fully disclosed along the way, including affidavits of support by other parties for the financial aspects of grant of a visa. She subsequently moved to the US and to my knowledge they both still reside here, both being cared for by his family members and other respite workers.
Rebecca JoFemaleUnited Kingdom2010-02-16 13:30:00
K-1 Fiance(e) Visa Process & ProceduresQuestion of the context of hardship in K1

Please be a little more coherent in your replies and I'll try to address them completely (as I have previously).

What have I said that is confusing or offensive to you?

Is it that hard to believe that everyone here is reading the same thing from your posts?

Do you really think that USCIS employees who are practically mandated to assume there are issues with your petition will overlook what is so obvious to everyone here?

I took the time to type out a well meaning PM to you, said nothing disparaging to you and even offered what I honestly believe to be your best chance of getting your girlfriend to the US within the laws that govern Immigration to the US. How to you reply, "Go SPAM someone else"? Classy, intelligent and well constructed response...



And let this be a lesson to you and all reading that PM's shouldn't be interchanged for the purpose of offering immigration advice. Better to keep it all on the boards where constructive discussion can be had; mistakes can be caught; and good advice archived for posterity. Protects the community and individuals from liability as well.

Save the PM's for yelling at each other. ;)
Rebecca JoFemaleUnited Kingdom2010-02-16 12:51:00
K-1 Fiance(e) Visa Process & ProceduresQuestion of the context of hardship in K1

As mentioned several times, you would be asking to waive something that has an extremely small chance of being waived even if you meet the very limited requirements of the waiver as the level of hardship and required proof of said hardship is extremely high.


Shane doesn't need a waiver for hardship. He needs to convince the Service to waive the requirement of having met in person. The term 'hardship waiver' is usually applied at the Consular phase wherein the US Citizen attempts to convince the Department of State that his/her relationship with the foreign beneficiary would be impossible outside the borders of the US due to mitigating factors (hardships) in the USC's life.
Rebecca JoFemaleUnited Kingdom2010-02-16 12:18:00
K-1 Fiance(e) Visa Process & ProceduresQuestion of the context of hardship in K1

And I'll admit that I was previously unaware of the difference.

That said, an airplane ticket given as a gift to the Philippines has a cash value of less than $2,000 and no value once it has been used so I doubt it would disqualify Shane from his SSI benefits.


That I do not know. But there usually is a way to skin most cats.

What I do know is that SSI is a means-tested benefit. Shane cannot count this income on any I134 or I864 that he would be signing for different steps of this process. Thus his need for a co-sponsor, which Manila WILL take in an otherwise well-grounded case.
Rebecca JoFemaleUnited Kingdom2010-02-16 12:14:00
K-1 Fiance(e) Visa Process & ProceduresQuestion of the context of hardship in K1

Quite possible, maybe the difference is that the OP never worked so he gets more limited benefits from a different program whereas the 3 specific examples I listed have all worked in technical fields making a decent salary prior to becoming fully disabled.


Your acquaintances are likely drawing SSDI.
Rebecca JoFemaleUnited Kingdom2010-02-16 12:07:00
K-1 Fiance(e) Visa Process & ProceduresQuestion of the context of hardship in K1

No that is not the advice I was looking for.


Shane, what are you looking for? The qualifications for waiver?
Rebecca JoFemaleUnited Kingdom2010-02-16 12:06:00
K-1 Fiance(e) Visa Process & ProceduresQuestion of the context of hardship in K1
I'm convinced some of you following this discussion are confusing SSI benefits with SSDI benefits.

http://en.wikipedia....Security_Income
Rebecca JoFemaleUnited Kingdom2010-02-16 12:00:00
K-1 Fiance(e) Visa Process & ProceduresQuestion of the context of hardship in K1
Counter argument to all this is to let the OP file his petition with request for waiver and see where the chips may fall.

Then he shall have his answer as to a potential next step.
Rebecca JoFemaleUnited Kingdom2010-02-16 11:47:00
K-1 Fiance(e) Visa Process & ProceduresQuestion of the context of hardship in K1

Can you imagine being denied at the consulate level?? Let's say after the visa fee increase coming soon? So, that's $455 USCIS, $500 (give or take) St Lukes medical, travel and interview costs, then the newly proposed $355 for visa fee....whoa!! That's about $1300 non refundable if denied!! :blink:


The OP won't lose that much. The case will be denied at the Service Center level.
Rebecca JoFemaleUnited Kingdom2010-02-15 19:50:00
K-1 Fiance(e) Visa Process & ProceduresQuestion of the context of hardship in K1
You understand that if you file and the waiver is denied, that is money lost?
Rebecca JoFemaleUnited Kingdom2010-02-15 19:40:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support + tax returns?

See this link to the London Embassy page regarding Evidence Which May Be Presented to Meet the Public Charge Provisions of the Law It gives you expectations of the Consular Officers.

Looking forward to the Adjustment of Status phase you will want to have the 3 most recent year's returns. No need to worry if those include returns filed jointly with an ex-spouse.

Seek London specific advice as each consulate operates differently. Blanket statements can cause undue stress.


Only the single most recent federal income tax return has been required for adjustment of status sine 2006.

Self employed individuals, individuals earning commissions, or contract laborers may need three years to prove income consistency.

And each consulate will do something different regarding federal income tax filings as regards the I134. Since the instructions for the I134 don't specify what constitutes sufficiency of income, the individual consulates are within their authority to establish whatever criteria they see fit.
Rebecca JoFemaleUnited Kingdom2010-02-16 22:35:00
K-1 Fiance(e) Visa Process & ProceduresWhat if he was here illegally?

Well I actually did ask them. They confirmed that the chances to get a waiver approved increase when the couple is married. And FYI I'm filling a waiver in this moment. Actually two waivers i-601 i-212. So I did some research really recently.


I've never before heard an expert take that stance regarding waiver filing.

I'm certain Laurel Scott would disagree with that position. And I'm certain the members of immigrate2us.net would also disagree with it.

This isn't relevant as far as one or the other of us arm-wrestling each other. It's only relevant to those who need a full understanding of the process.
Rebecca JoFemaleUnited Kingdom2010-02-18 16:58:00
K-1 Fiance(e) Visa Process & ProceduresWhat if he was here illegally?

Hi. I'm in a somewhat similar situation. I have done a lot of research in the subject and I just don't see a waiver approved on a K1 visa. You can file it but keep in mind that getting a waiver for a married couple is already really, REALLY hard, for a dating couple is much much harder almost on the impossible line.

as the other reply we need to know where is he now.


Edward, for the purposes of filing a waiver, there's no difference between an engaged couple and a married couple. It is no more difficult for a waiver to be approved for a K1 couple than a married couple. Ask your friends at Catholic Charities. I'm sure they will confirm it.
Rebecca JoFemaleUnited Kingdom2010-02-18 14:45:00
K-1 Fiance(e) Visa Process & Procedureshelp
Permanent residents may petition for the immigrant spousal visa CR1 or IR1.

But the foreign spouse must wait for an immigrant visa number which protracts the process.

It is not unheard of for the permanent resident to petition for the spousal visa and then file their own application for naturalization. Upon naturalization, the spousal petition may be "bumped up" past those waiting for an immigrant visa number.
Rebecca JoFemaleUnited Kingdom2010-02-05 20:26:00
K-1 Fiance(e) Visa Process & ProceduresCan a mother's disapproval be drastic?
Brit Abroad has the right wording IF the question comes up (to your fiance) at his interview.

Is there any evidence of home inspection of visa applicants in your fiance's country? If not then Mum's disapproval can be handled by your fiance's rendition of it at his interview.

If home inspections sometimes happen, then you are going to have to deal with whatever Mum dishes out. On the positive side, if she's none too happy about you, it at least appears his family isn't supporting him in a visa fraud.
Rebecca JoFemaleUnited Kingdom2010-02-21 09:48:00
K-1 Fiance(e) Visa Process & Procedurestwo questions about K-1

Yes, people have had visas denied for seemingly minor things like this, usually at consulates in high fraud countries. They don't need to provide any legal documents that prove you are married because they can say you essentially admitted to it in your evidence.


And people have been denied entry on their K1 when they slipped up at the port of entry and referred to their fiance/fiancee as "my husband" or "my wife".

It's not "cute" to call your unmarried partner by a legal term. Not if you are partaking of a process where it's imperative to NOT be legally married.
Rebecca JoFemaleUnited Kingdom2010-02-20 15:14:00
K-1 Fiance(e) Visa Process & ProceduresUnexpected Worries About K-1Visa Rejection

I am really sorry I noticed that just now. Any idea how I can delete it and post it where it is supposed to be?!


:lol:

I don't think the Forum Gods will take away your membership for it.
Rebecca JoFemaleUnited Kingdom2010-02-24 10:48:00
K-1 Fiance(e) Visa Process & ProceduresUnexpected Worries About K-1Visa Rejection

Dear all,

I know this might be totally silly to you,but is there a chance to get a visa rejection only because my fiance and I met only 2 times in 2009. I work for an airline and today I found out that I am laid off. We still have a chance to meet in Canada or Europe, and I can have discounted but stand-by tickets for Air Canada for example to fly to meet Scotty in Vancouver, but from the 1st May I won't have that chance anymore. Scotty has some sort of 50-50 chances of being laid off too, so I don't want to risk his job especially because we have not obtained our NOA2.

Can a CO possibly tell us his/her decision is negative simply because we met for the last time in Nov,2009? Scotty thinks that according to information in I-129F it is written we MUST meet at least twice, so we are on a safe side, but I am freaked out that stubborn Moscow CO might say no to me!

What are our chances? Any advice is appreciated!


Your question is in the wrong forum and I'd move it for you but I cannot.

Petition approval only requires you to have met once in the two years prior to filing.

Visa approval goes up exponentially each time you visit though, as it goes to the bonafides of the relationship.
Rebecca JoFemaleUnited Kingdom2010-02-24 10:46:00
K-1 Fiance(e) Visa Process & ProceduresOverstaying In USA
Has he been back home since 1993?
Rebecca JoFemaleUnited Kingdom2010-02-27 10:23:00
K-1 Fiance(e) Visa Process & ProceduresCan my US fiance just be refused time off for emmigrating/helping me move?

This is, unfortunately, true. How much concession an employer is willing to give an employee is often directly related to that employee's value to the company. That value is a measure of how essential that employee's work is to the continued operation and profitability of the company, and how easy or difficult it would be to replace that employee. Most retail stores have literally hundreds of job applications on file at any given time, and a new employee can usually be trained to fill most positions in a matter of hours. This makes the value of each employee practically zero, from the company's point of view.

Federal and state labor laws can often be used to "rock the boat" in an attempt to get the employer to do something the employee wants them to do, or believes they have a right to ask the employer to do. However, it's incredibly easy for an employer to set an employee up to fail, giving the employer justifiable grounds to fire the employee. Employers don't like trouble makers. Again, how much trouble they are willing to accept from an employee is directly proportional to the value of the employee to the employer. An employee who has a high value to the employer will usually not have to make any trouble because the employer will generally give them what they want.

The bottom line is that if you are employed in an unskilled labor job, then you're not in a position to ask your employer for much. If you ask and they refuse, you don't have much recourse. You can either accept the refusal, walk away from the job, or attempt to rock the boat and hope you don't get fired for it. Being stuck in a low paying job with a tyrannical boss is no fun. The way out of this mess is to improve your job skills so that you can get a job where you are more valuable to your employer.


The other side of this coin though is this - there ARE more retail jobs out there right now than other occupations. As such a good conscientious clerk does have choices and opportunities.

Russ could always start looking for another job like the Petco one he has at the moment. He's got a full two months before Rachel comes over. If he finds someone interested in him, they might be willing to give him his time off if he explains it right up front. He could even be forthright and explain that difficulties with his present manager are the reason he's looking for new work. Albeit these are not issues for the first interview, but all manner of things can be negotiated in a new job if diplomacy and honesty are used.
Rebecca JoFemaleUnited Kingdom2010-03-07 17:27:00
K-1 Fiance(e) Visa Process & ProceduresCan my US fiance just be refused time off for emmigrating/helping me move?

A talk with H/R for a few days of FMLA leave could be in order, but what a pain in the #######, when all he has to do is go to his bosses boss and say, "Hey, this has been planned for a while, it's our LIVES, the time IS there, so why not?" If Petco is so desperate for somebody to be there for those 4 days, what are they going to do if he tells them to sod off and gets another job?


They'll hire somebody else.

Quickly and easily. 10% unemployment in the US, you know.

I know what you are saying about people being 'reasonable'. But 'at will' employment trumps that.
Rebecca JoFemaleUnited Kingdom2010-03-07 13:48:00
K-1 Fiance(e) Visa Process & ProceduresCan my US fiance just be refused time off for emmigrating/helping me move?

I would go to her boss, explain everything that you just explained here. Get authorization from him/her...go over her head. It will tick her off, but what's she going to do about it? She's been trumped.


Make his life a living hell until one of them leaves or is sacked.
Rebecca JoFemaleUnited Kingdom2010-03-07 12:41:00
K-1 Fiance(e) Visa Process & ProceduresCan my US fiance just be refused time off for emmigrating/helping me move?

I knew I'd hear some sense from an English-American couple. Thanks guys!!! I knew someone would understand! :star: I think thats what we're going to do if things don't work out soon. This manager is the only one whos behaved in his way so all this 'welcome to america' stuff is all rubbish. Its her, plain and simple. I think people seem to think the US and the UK are completely different planets but it actually not that different, the people are the same. Some bad apples, some understanding folk... its got nothing to do with the country as a whole. And no we're not confused about dates, but thanks for your input. Anymore helpful & constructive advice is welcomed and appreciated! :star:


;)

You've quite a lot to learn about America, Rachel.

FWIW, it does sound like Russ's boss is a bit of cow.

But you'll manage to sort it all out once you've been in the US a bit. It is quite different.
Rebecca JoFemaleUnited Kingdom2010-03-07 12:35:00
K-1 Fiance(e) Visa Process & ProceduresCan my US fiance just be refused time off for emmigrating/helping me move?

I sure hope I wont have to be dealing with this. Russ says no one will mess with me, once I give them the 'legal eagle' speech lol! Im known to give employers a hard time if they try messing me about... long story... :star:

Not to be unkind, but you’ll soon learn not to give employers a hard time and keep your mouth shut. If you want to keep your position, that is. People in positions such as your Russ have no employment contracts. In fact, most persons don’t have contracts. There are no tribunals to take your complaints to. You can’t just ‘walk out’ for ill treatment, wander down to the social security office, and draw your unemployment. You have to prove you lost your employment through no fault of your own. You may be able to draw your unemployment (if you quit your job) providing you can prove you were being ill-treated, but you must go through hearings to prove it. And even then, your unemployment typically lasts only six months.
Welcome to America.

Thanks for your replies everyone. And no its not 3 requests for time off within a 6 month period - He started his position on June 12th 2009. He is requesting 4 days off at the end of May 2010 (to help me move) - which on his payslip says he has accrued at this time. He has to take these 4 days before the year of employment runs out - ie by June 12th 2010. That to me, is perfectly reasonable. He has not taken any other holiday in the past year!

If he must use or lose these days by June 12, 2010, then he should be granted them. He should take the issue to upper management if there is a concern. Anytime however you go above your immediate supervisor, you risk the future wrath of that person. Again, welcome to America.
I wonder if you are confused about the expiry date of when his holiday time must be used. It is unusual in corporate America for the date by which benefits must be used to correlate to the “hire date” of the employee. It is usually tied to the date of either the calendar year or the fiscal year of the company. You want to make certain you understand the policy before you question it.

Separately, we are getting married on June 27th and my family and friends will be coming over to NJ from the UK to spend time with us. Obviously we wont be seeing them fo a very long time afterwards so we would like to spend time with them and also - doh - we need time off for the wedding. This request for a few days off will be during Russ' 2nd year of employment - which according to his tems of employment will entitle him to 18 days paid off to be taken throughout the next year (June 12th 2010 - June 12th 2011). His manager has said she is fine with him taking the time off to get married. We dont even care if he is paid for that time off though. Its our wedding (!) and nothing is going to stand in the way of that.

I should also caution you there may be some confusion on your part about his holiday time for next year. While some employers immediately grant next year’s holiday time at the start of the new year, others operate a system of accruing holiday days each pay period. In other words, an employee will accrue so many hours of holiday time each pay period, which they use later after the hours have accrued. This relates to my admonishment to you above as Russ may be able to carry over into the new year those four days rather than lose them.
Rebecca JoFemaleUnited Kingdom2010-03-07 09:51:00