Forum	Title	Content	Member	Sex	Country	Date/Time
K-1 Fiance(e) Visa Process & Procedures	legally married?	It would seem to me.. legal is what actually counts.. In this case, perception is all that counts. It trumps legality and reality. At the POE, perception is reality. well stated... but with an addition... perception is reality, unless you have evidence that in the eyes of the CBP inspector can change that perception Remember.. it isn't the duty of the CBP to prove that you are ineligible for the benefit of entering the US.. it's the duty of the alien to prove that they ARE eligible for the benefit. If the alien brings that eligibility into doubt by their actions, it would take ironclad proof that they are in fact eligible for the benefit to be permitted entry. Again, the burden of proof is on the alien, not on the CBP. If the burden of proof is not met, then the CBP does not have to admit the alien into the US. When you're standing at the POE... you're not going to have that evidence and back home you go... What I'm curious about, and I don't know if anyone has had this experience and has an anwer, is what happens if you get religiously married and travel to the states and get legally married there on a k-1 and then start AOS. What happens at the AOS interview? obviously, getting religiously married before entering on k-1 is a iffy subject and some people may get lucky etc and make it through POE no problem and get married. So at the AOS interview when they have to show pics of their wedding etc and do they tell the AOS officers about their religous wedding prior to their legal wedding as all the AOS officer is interested in is that they can prove their marriage isn't fake or would the AOS officer deport the k1 holder for breaking the rules? I'm sure there are people who have been through this situation as I'm sure a few have had religious ceremonies prior and I'm sure all of them had to apply for AOS.. just wondering if anyone knew what happened? If I had been in that situation (and I would've loved to because after AOS you're tied up working, buying a house having babies, and just being busy with your 'new life') I simply would've kept the religious ceremony off the record, not said anything at POE and not bring anything from it to the AOS interview, or use any thing from it as evidence of our relationship. Yes, I might get torched here, because it's lying to the USCIS, but in Brazil, as in Venezuela, religious ceremonies are not valid unless you've had the civil ceremony first. If it's NOT a legal ceremony, then it should be OK. I would think... but consulting to lawyers, embassies, even the USCIS (if you can) is also a good idea. I think you are entitled to pursue whatever you want in order to find out things about your case. Good luck! No one ever said that you were lying.. or if someone states that they only have a religious marriage.. they may not be lying. The point that is trying to be made is that if the CBP believe that a marriage ceremony has taken place, the burden of proof is on the alien that the evidence presented does not indicate that a legal marriage has taken place. It is easy to prove that a legal marriage HAS taken place at a specific point in time... it is impossible to prove that a legal marriage has not taken place at a specific moment in time. And if you can't get that proof, then you aren't getting admitted to the US.. period. Edited by zyggy, 17 October 2006 - 12:34 PM.	zyggy	Not Telling	Canada	2006-10-17 12:27:00
K-1 Fiance(e) Visa Process & Procedures	legally married?	Just to expand on what meauxna said... you are taking a rather large risk by having any type of marriage ceremony before you enter the US. There are too many ways that one could mess up and let things slip... In the eyes of the CBP.. if it looks like a duck, quacks like a duck, and walks like a duck .. it's a duck. If it looks like your married, act like your married, and do something to suggest that you're married.. you're married. you can give all the notes and legal ramblings you want.. the CBP is just going to think that you are in fact legally married.. you're just not producing the evidence because you want to enter on a K1... it is not the responsibility of CBP to know the marriage rules all over the world.. it's the alien's responsibility to honor the conditions of the visa.. which is that you're legally able to marry when you enter the US. If you do anything that brings that into doubt.. you're not getting in. It's easy to prove that one is legally married as of a certain moment in time... it's difficult to prove that you're not... as far as CBP is concerned, you could have gotten married 30 seconds before you got on the plane...	zyggy	Not Telling	Canada	2006-10-16 08:09:00
K-1 Fiance(e) Visa Process & Procedures	long form birth certificates	thanks Kezzie! I will try get hold of a lawyer... anyone else have any suggestons? My understanding of it is that if a birth certificate is available to you you have to use that.... it would only be if the birth certificate did not exist there are other options available.... you might want to check it out with a lawyer... Kezzie Get a hold of the Department of Home Affairs in South Africa and get it or call your local South Afircan Embassy http://www.home-affa...ents/bi-154.pdf You want the Unabridged Certificate If it's available (which it is), it is required... either for the visa as well as for AOS.. so get it... Edited by zyggy, 26 October 2006 - 08:10 AM.	zyggy	Not Telling	Canada	2006-10-26 08:09:00
K-1 Fiance(e) Visa Process & Procedures	Medical Before NOA2 Get Approved!!!	Two things: As they say medical results are good for 1 year. 1) If for some reason visa interview is delayed for a long time due to tie up at USCIS, NVC, or Consulate by a name check, the medical may expire. 2) When it comes time to do AOS you may have to do another medical due to the one from Korea being expired. It is best to do the medical closer to the interview than too early. Exactly... what's your rush.. do the medical when you're required to do so...	zyggy	Not Telling	Canada	2006-11-01 10:38:00
K-1 Fiance(e) Visa Process & Procedures	Middle name & Signature fields - Help please!	From Black's Law Dictionary: Signature: any name, mark or writing made or adopted with the intention, actual or apparent, to authenticate the writing as that of the signer. It does not have to be in English... Edited by zyggy, 02 November 2006 - 08:52 AM.	zyggy	Not Telling	Canada	2006-11-02 08:52:00
K-1 Fiance(e) Visa Process & Procedures	Middle name & Signature fields - Help please!	The signature whould be done as they individual normally signs their name. I highly doubt that that would be in English.... No blanks should be left on any spaces .. try something like [NONE] so they don't mistake it for the true middle name... Bad advice, the instructions ask for a signature in English. Where in the instructions does it ask that? Cite Please... You won't find it because it's not there... There is nothing that asks that the signature in English.. On the contrary, your legal signature should be as you sign it all the time... I know of several individuals whose signatures have nothing to do with their names.. it does not diminish the legallity of the signature. Edited by zyggy, 01 November 2006 - 10:42 AM.	zyggy	Not Telling	Canada	2006-11-01 10:39:00
K-1 Fiance(e) Visa Process & Procedures	Middle name & Signature fields - Help please!	The signature whould be done as they individual normally signs their name. I highly doubt that that would be in English.... No blanks should be left on any spaces .. try something like [NONE] so they don't mistake it for the true middle name...	zyggy	Not Telling	Canada	2006-11-01 08:26:00
K-1 Fiance(e) Visa Process & Procedures	19 YR OLD Marrying 16 YR OLD	Hi, I'm new to the board and i'm glad I found this forum because you guys seem knowlegdable. I'm 19 living in New York and my g/f is 16 living in Guyana. I know we're young, but we can't stay seperated from each other and we've decided the only way to be together is to get married. We've known each other for 2 years now. It's a long story of how we met. But, my question is should I go for the K-1 visa or the K-3 visa? Should I bring her over on the fiancee visa or would that be too difficult since she's 16. Should I marry her in Guyana and file for the K-3 when I get back to New York. And should I do the process myself or get an attorney? I'm just so confused right now. I'm sorry.. it is not possible. You must wait until she is 18 to be able to petition for her..	zyggy	Not Telling	Canada	2006-11-03 15:55:00
K-1 Fiance(e) Visa Process & Procedures	Can a H1 get a K1	I could get married here and AOS but I have a son who is here on a h4 and cannot aos cos he is already over 18 yrs. Hence the K route... Thank you for the pointers though... You might have to go through another process for him. I suggest that you contact an immigration attorney. Your spouse should be able to file an I-130 for your child that he can adjust on until he/she turns 21 Son's already over 18; not a step child. reddy, you need to meet with an immigration attorney (like you said before) to make sure of the best route so your son doesn't age out. The H does not disqualify you from a K. Ahhh yes.. forgot about that.. the step relationship has to take place before 18...	zyggy	Not Telling	Canada	2006-11-14 07:58:00
K-1 Fiance(e) Visa Process & Procedures	Can a H1 get a K1	I could get married here and AOS but I have a son who is here on a h4 and cannot aos cos he is already over 18 yrs. Hence the K route... Thank you for the pointers though... You might have to go through another process for him. I suggest that you contact an immigration attorney. Your spouse should be able to file an I-130 for your child that he can adjust on until he/she turns 21	zyggy	Not Telling	Canada	2006-11-13 16:29:00
K-1 Fiance(e) Visa Process & Procedures	what happens if it turns out you have TB	I was also very scared about this issue for my fiance. I was worried that he could possibly have it. But then I thought, he doesn't show any symptoms nor has he been willingly exposed to anyone believed to have it. It's best not to worry so much, (like I was). I mean, I don't know if he has it or what will happen since he has not gone to his interview, but remember that it has to be active tuberculosis. I believe, if you happen to have latent tb (you have tb causing bacteria in your body but you can't spread the disease to others), you will not be refused the visa. You will only be refused the visa if you happen to have active tb. Don't worry too much. I have never came across anyone on VJ who has been denied because of active tb, maybe it's not too common. Does anyone know of any VJ members who were refused a visa because of active tb? Yes.. there was one individual from Ukraine who was denied a visa due to Active Tb. She had to wait until it was latent until she could be issued the visa.	zyggy	Not Telling	Canada	2006-11-14 07:59:00
K-1 Fiance(e) Visa Process & Procedures	what happens if it turns out you have TB	Basically, your visa will be put on hld until the TB goes dormant. At that point, a visa will be issued.	zyggy	Not Telling	Canada	2006-11-13 16:28:00
K-1 Fiance(e) Visa Process & Procedures	Waiting for K-1 visa but want to get married now!	So in essence you have to make a choice. Do you want her in the US faster via the K-1 you have in process, or do you want to be married first, and then have to refile an I-130 and I-129F for a K3/IR-1 visa.. One or the other, you cannot have both.	zyggy	Not Telling	Canada	2006-11-17 08:23:00
K-1 Fiance(e) Visa Process & Procedures	entering the United States	I also recommend that you leave at least a 3 hour layover.	zyggy	Not Telling	Canada	2006-11-17 08:21:00
K-1 Fiance(e) Visa Process & Procedures	Ah yes, MyCheckered Past	According to IMBRA, while a DUI is not considered a crime of moral turpitude in terms of inadmissibility, it is considered an issue in terms of IMBRA. And it sounds like you had a conviction to me... did you go in front of a judge and the treatment was the price to get the inicdent dropped from your record... was there a settlement of some sort .. those count as convictions. But in your case they only ask for an alcohol related conviction if you have been convicted of it more than 3 times. Since this is not the case for you, you can answer accordingly...	zyggy	Not Telling	Canada	2006-11-17 11:35:00
K-1 Fiance(e) Visa Process & Procedures	Ah yes, MyCheckered Past	This is going to cause you some IMBRA problems. You'll have to report the DUI as it involves a case of alcohol abuse. Make sure your fiancee knows about it...	zyggy	Not Telling	Canada	2006-11-17 08:28:00
K-1 Fiance(e) Visa Process & Procedures	Crossing the border... Risky?	My fiance was planning on coming to the US from Japan last August using a student visa but was rejected under section 214-B. This is the section that says the she couldn't prove that she wasn't intending to immigrate. We are now trying for a fiance visa but it is looking like it's gonna take something like 8 months for the whole procedure and we don't want to be apart for that long (I'm back in the US now, she's still in Japan). Our plan was that she could come over in the middle and visit me for up to 90 days on the visa waiver program. We were thinking she could fly into Canada and we could try to cross together. Usually, if you've been rejected a visa then you are no longer eligible to use the VWP, however, people who were rejected under section 214-B are still eligible. This leads me to my two questions: 1. I was told that if you have been barred entrance to the US twice, then you are banned automatically from entering for the next five years. If she gets rejected at the border, does this count as two strikes? The first time was at a consulate in Osaka, Japan. Would her getting turned away just once at the border be risky if she has never been turned away at the border before? (This is important!! Her getting banned from the US for five years would be HORRIBLE!) 2. Would getting turned away at the border after already being turned down for a student visa hurt our chances of getting a fiance visa? I want to see my fiance but I don't want to do anything that could jeopardize our long-term chances. I would especially love to hear from anyone who was rejected under 214-B and their experiences but anyone who wants to chime in would also be appreciated. Thanks so much in advance! She needs new passport to enter US. When she is here under VWP marry her after 60 days, not sooner and don't bother with K1 That's just funny... you don't think that the governments do not link the old passport number with the new on on their database.... Funny... Now that's a recipe for a five year ban...	zyggy	Not Telling	Canada	2006-11-30 10:08:00
K-1 Fiance(e) Visa Process & Procedures	Crossing the border... Risky?	If she was sent back under 214B, then she can no longer enter the US under VWP..ever... she has to get an B visa from now on. If she was sent back under 214B, good luck on convincing the Consulate that the situation has changed to get them to issue the visa... Sorry, but you're going to have to probably go to Japan to see her or meet in a 3rd country. Denial of a non-immigrant visa under 214B does not preculde you from getting a K visa.. That's what the K visa is for... But here's a better way... You can go to Japan, marry her, and then file an I-130 at the Embassy in Tokyo so that she can get an immigrant visa in about 3 months or so... Look at the DCF Forum for more information. Also, the five year ban people are talking about is if she was found to have made a material misrepresentation to a CBP Officer.... as long as she does not misrepresent herself, then there would be no ban due to inadmissibility.... Edited by zyggy, 30 November 2006 - 09:46 AM.	zyggy	Not Telling	Canada	2006-11-30 09:41:00
K-1 Fiance(e) Visa Process & Procedures	non-binding religious wedding allowed?	Let's make this clear for everyone... The terms of the K visa are such that when you enter the US, you must be legally free and able to marry the US CItizen who filed the I-129F petition. It is not the responsibility of the CBP to prove that you are satisfying the terms of the visa.. it is the responsibility of the alien to prove that they are satisfying the terms of the visa. If the alien or anyone else brings doubt into that they are satisfying the terms of the visa.. the CBP will not allow that individual to enter the US until they prove that they are satisfying the terms of the visa... It is not the responsibility of the CBP to understand all the cultural norms of the world, nor is it their responsibility to know all the legalities involved with what makes a legal marriage around the world. If someone's cultural norms do not fit in with one of the visa choices that are offered, then it is the responsibility of the alien to choose the appropriate visa that does... It is the responsibility of the alien to prove to the CBP that they are legally free and able to marry at the moment that are entering the US... It is easy to prove that one is not legally free and able to marry at the moment in time when you're at the POE through a marriage certificate... It is impossible to prove that one IS legally free and able to marry at the moment in time.. I know people have said that some countries issue a certificate of No marriage... But unless it was issued immediately before you got on the plane, a CBP officer would have no idea if you ran into City Hall, got married, and then went straight to the airport... Because things like that happen...or if there was a lag in getting the information on their database, because that happens too.. just ask all the people who have been victims of deed and lein fraud because of the lag between the time the document is submitted to the county and the time it is actually placed in the database. People are trying to paint the CBP as the bad guy in this situation... they're just enforcing the well documented and publicized terms that are associated with each visa type. In this case, the bad guy is the person who applies for the visa that does not fit into what they want because it's "faster" and then cry when the CBP makes the legitimate claim of whether they are complying with the terms of the visa that they are entering on... I think those people should take a good hard look at the mirror... Edited by zyggy, 30 November 2006 - 10:06 AM.	zyggy	Not Telling	Canada	2006-11-30 09:56:00
K-1 Fiance(e) Visa Process & Procedures	non-binding religious wedding allowed?	My one thought is, if she was turned down for the visa at the interview because she mentioned the ceremony, or turned around at the port of entry because of it, wouldn't it just be for the time it takes for them to check that we are indeed, not married? Perhaps someone else can shed more light, but I believe the onus would be on you to prove you are not married. And how would you do that? And how long would it take? Exactly... That's the problem.. in most places it can't be proven... I would also like to warn people that in some countries that carry a common-law tradition (most provinces of Canada and India are two that come to mind at the moment), if neither of the parties were married before the ceremony, the ceremony itself creates a legal marriage. No marriage license required. Once the visa is cancelled by CBP, you're done... You have to apply for another visa at the Consulate. Since the reason for visa cancellation was due to suspected marriage, the parties would have to get married and then file an I-130. Or if you want to fight it, file another I-129F for a K1, but that would be silly. I think you risk a much lengthier delay, such as the time it takes to either appeal/reopen whatever action they take with your case, or possibly to re-file for a K3 (because that may end up being a shorter route than some kind of appeal). I wonder if anyone knows which route others took when turned around at the POE? Maya There is no reopen.. there is no appeal. Once the CBP has cancelled the visa, it cannot be reissued. That's how it works. You have to apply for a new visa. To the OP, if the terms of the K1 do not fit into the culture (ask Yodrak about that, he did a K3 because of Thai cultural considerations), then you should consider not getting a K1 and get the K3. Trying to flirt around the edges of the law, or trying to bend the immigration system to meet short term ends, can get you into trouble. A misunderstanding about the nature of your wedding could rear its head at any stage of the process, at entry, at adjustment, or at naturalization. If there are questions that you may have entered under circumstances that were not in accordance with the conditions of the visa, you could be in for a long bumpy ride... If your initial admission is found to have not be in accordance with the terms of the visa, then any benefit that has been granted subsequent to that event would be withdrawn. What are the chances... probably very low that the above could happen. But you should know that it has happened and will continue to happen. In my mind, the goal is to get through this process with as little room for doubt and misunderstanding on the part of the US Government as possible so that my loved one and I can sleep easy at night that there will be no figurative skeletons that could be found in our closet that could come back to haunt us and throw everything that we have built in our lives taken away if that skeleton is found. If you willing to live with that skeleton... then go right ahead and carry on... Whatever you do, best of luck... Edited by zyggy, 30 November 2006 - 09:35 AM.	zyggy	Not Telling	Canada	2006-11-30 09:16:00
K-1 Fiance(e) Visa Process & Procedures	non-binding religious wedding allowed?	Im doing the same thing as Bill in a couple days. These damm POE officers have to understand that not every culture has the same beliefs and they too have customs and traditions that need to be considered. Granted as long as you dont sign any legal document. Hey Matt, I also did this earlier this month after sending an email to my attorney, who in turn, sent one to the embassy to verify it would not be a hindrance to approval. The embassy's reply was basically "yes, we understand the difference between a religious and legal wedding and the religious in no way compromises the approval process. We had a wonderful ceremony in northern Thailand. I know this topic had really been beat to death here on VJ with many people talking about "risking" your approval or entrance at the POE. The COs at the embassy's are typically very familiar with local laws. As for the POE guys...I have heard lots of people say you can never predict what they will do. True, but I have yet to see a single person say they were turned back at the POE because they had a religious only ceremony. Maybe there has been a posting to this affect, but I have not seen it. Just my opinion and decision on how I proceeded. Hope your ceremony is as wonderful and heart felt as mine!! CONGRATULATIONS!!! Randy There have been several postings to this effect... On top of that as a CBP officer, I have personally sent back a couple who tried this... If there is any doubt whether the alien meets the terms of the visa or not, their visa will be cancelled and they will be sent back. The CBP has the right and the duty to do this... The only way to stop it is if you can provide ironclad proof that you are NOT legally married while you're standing at the POE... it is easy to prove that one is married.. it is near impossible to prove that one is not... You have spent all this time and energy to do everything right.. why on earth would you want to take the risk that could cause it all to fall down like a house of cards. If a religious ceremony is important to you, do it after you have had the legal wedding in the US... or change your plan and get a K3 or CR-1. Bending the immigration rules to suit your own ends is a recipe for failure... I find it ironic that the people who are adamant about getting a K-1 are more than happy to encourage someone to do an act that has the possibility of making them go back to square one... Edited by zyggy, 29 November 2006 - 04:30 PM.	zyggy	Not Telling	Canada	2006-11-29 16:29:00
K-1 Fiance(e) Visa Process & Procedures	Do we need to provide the Annulment decree?	People are trying to split hairs... What the USCIS cares about is whether one is free to marry. If one has been married before one needs to state that. If one was married and the married was subsequently dissolved by some means whether it be an annulment or a divorce, the USCIS wants the proof that the marriage is indeed disolved. In this case, I would definitely include the annulment decree. Also make sure you fiancee knows of your former marriage and the details of it as it could be asked at a consular interview... When dealing with the USCIS, the following definitions should apply Single = Never Married Divorced = Married previously and the marriage was dissolved. Edited by zyggy, 03 August 2006 - 01:34 PM.	zyggy	Not Telling	Canada	2006-08-03 13:32:00
K-1 Fiance(e) Visa Process & Procedures	Put my mind at ease please?	IMO, he should be the one doing the research to find this law to prove it to you, not the other way around! It's BS... The age of majority in the US is 18.. no parental consent is required in any state for marriage after the age of 18 either a USC or a non-USC... If I were you, you and your fiancee should have a good talk about what his objections are... it looks like he may feel that you are too young to make such a big commitment... which may not be unfounded... His question to you may be "What's the rush?" Edited by zyggy, 07 December 2006 - 02:04 PM.	zyggy	Not Telling	Canada	2006-12-07 14:02:00
K-1 Fiance(e) Visa Process & Procedures	Provisional files	I am interested in hearing from people who have started provisional files and if this truely does speed up the process I'm not sure it is still allowed but the visa kit I purchased on the internet suggests doing this and I think I am going to try it. The consulates no longer do provisional files... they were in place when communication and logistics were much slower than they are today...	zyggy	Not Telling	Canada	2006-12-13 08:31:00
K-1 Fiance(e) Visa Process & Procedures	was denied entry on my last visit due to sec212(a)(7)(A)(:)(I) shall my fiance include the paperwork on our attachments for the K1visa????	This is an offense that should not require a I-601 waiver... Basically this is the portion of the INA that states that you have immigrant intent and therefore they can't let you enter without an immigrant visa. But your trips to the US are done until you get the K-1 or Immigrant Visa... Edited by zyggy, 09 December 2006 - 12:56 PM.	zyggy	Not Telling	Canada	2006-12-09 12:55:00
K-1 Fiance(e) Visa Process & Procedures	Delay this time of year?	I don't know what you can expect this year, however, in 2004 when we were waiting for our petition approval (we filed in June), we expected that the workload would decrease over the holidays and were very discouraged. We had even reached a point where we were thinking about giving up and wondering if we were meant to be. On December 30 - more than 6 months after our submission and several weeks past the last expected processing date, we received our NOA2. Later on it appeared that there had been a slurry of last minute approvals, and a number of us speculated that they were trying to process as many of the current year's outstanding applications as they could. So, while all of the evidence suggests things will slow down, it may not be so; they may try to process as much as they can before the year changes. Good luck to everyone who is waiting - may you get your approvals quickly. On the contrary.. workload usually increases this time of year... because people have more time to do the things necessary to prepare the paperwork...	zyggy	Not Telling	Canada	2006-12-15 09:11:00
K-1 Fiance(e) Visa Process & Procedures	Delay this time of year?	In the federal government, it's use it or lose it... so you have a lot of people who didn't use a lot of vacation all year take a whole ton of it in December....	zyggy	Not Telling	Canada	2006-12-15 08:32:00
K-1 Fiance(e) Visa Process & Procedures	I29 form expires 12/31/06...	There may not be a new form... The form does not expire on Dec 31, 2006.. the OMB permission for the government agency to collect the information on the forms expires Dec. 31. That permission can be renewed but you still use the old form.. Really? And here I was waiting to fill it out in January! Thank you so much! There may not be a new form... The form does not expire on Dec 31, 2006.. the OMB permission for the government agency to collect the information on the forms expires Dec. 31. That permission can be renewed but you still use the old form.. You keep using the most recent form on the USCIS Website until there is a from that supercedes it.. and then you still might be able to use the old form.. OK, but I doubt the employees at USCIS have any idea about OMB permission! The form has an expiration date of Dec 31, 2006. In the past, if expired forms for K1 were submitted, the petition was rejected. I have seen that here in past VJ posts. I'd suggest that "FutureMrs" get the newest forms after Jan 1, 2007 and proceed with the process. You have a good point there. More than likely I will have to wait until January because I still haven't received some information from Marlon. Thanks again for all of your help! When have you heard of this... As long as USCIS still accepts the form, they will take it... The only case where I have not seen them take an old form was for the recent I-129F when they required the information for IMBRA... this was an isolated case... In the past, we were using forms that had expired 2 years previous and there was no problem... If I were the OP, I would feel confident about using the forms dated Dec 31... Edited by zyggy, 15 December 2006 - 12:32 PM.	zyggy	Not Telling	Canada	2006-12-15 12:29:00
K-1 Fiance(e) Visa Process & Procedures	I29 form expires 12/31/06...	There may not be a new form... The form does not expire on Dec 31, 2006.. the OMB permission for the government agency to collect the information on the forms expires Dec. 31. That permission can be renewed but you still use the old form.. You keep using the most recent form on the USCIS Website until there is a from that supercedes it.. and then you still might be able to use the old form.. Edited by zyggy, 15 December 2006 - 11:51 AM.	zyggy	Not Telling	Canada	2006-12-15 11:50:00
K-1 Fiance(e) Visa Process & Procedures	What Must I Do To Marry a Nigerian?	A very learned immigration attorney one told me there are four types of fraud levels at consulates: Low Fraud Consulates Medium Fraud Consulates High Fraud Consulates Lagos At most consulates thepresumption is that the relationship you have is valid... in Nigeria, the presumption is that your relationship is not valid... be prepared to give them plenty of evidence that your relationship is real... plan on taking a lot of visits to Nigeria to show that your relationship is continuing... and plan on geting rejected the first time around...	zyggy	Not Telling	Canada	2006-12-20 08:47:00
K-1 Fiance(e) Visa Process & Procedures	I-129F Fiancee with child	For the I-129F, only the name of the child needs to be listed...be sure to include all of her children.. not just the one's that will accompany her. The BC of the child, letter of approval, etc, are part of the visa application that gets submitted to the consulate.	zyggy	Not Telling	Canada	2006-12-21 15:12:00
K-1 Fiance(e) Visa Process & Procedures	DS-Forms validity expirations	Actually in this case you would go to the State Dept website for the DS forms... but the ones on there are the most up to date...	zyggy	Not Telling	Canada	2007-01-02 08:10:00
K-1 Fiance(e) Visa Process & Procedures	Income Tax return	The answer for either of the Candian Consulates is definitely yes on the need for IRS transcripts... They only require the last year... Edited by zyggy, 02 January 2007 - 01:07 PM.	zyggy	Not Telling	Canada	2007-01-02 13:07:00
K-1 Fiance(e) Visa Process & Procedures	Difficult situation for U.S.-Canada romance. Advice?	Another option, although I agree, a consultation with an immigration attorney is in order . . . consider getting married, applying for her CR1 status through Montreal while she remains in Canada and you remain in the US. The advantage is that she obtains her permanent residence status in the US upon completion of the visa process and will be able to continue to travel for work; the down side is that you have to be apart during the process and again, her travel may or may not be restricted into the states because of her obvious intent to immigrate. Regardless of whatever option you wish to pursue, I am sorry to burst your bubble, but it will not be in place by April and she will not be able to move down to join you until she has some type of visa in hand. A k-1 fiancee visa allows her a one time crossing of the border with her belongings in order to marry you within 90 days. Once she crosses she will need to stay in the US until after marriage, after application is filed to adjust her status along with employment authorization and advance parole, and the advance parole received - definitely a number of months since APs take approximately 90 days. A k-3 will allow her to leave and re-enter the US a number of times so she could continue to travel with that visa, but again the border guards will be the ultimate decision on whether to allow her back into the country or not, and she would need to address the employment authorization situation if she was actually working in the US even if her base of operationjs was Canada. A CR1 will resolve most of those problems as she only needs to wait until she physically receives the green card, but the separation time is longer. Yes, a lawyer is definitely a good idea. This is great food for thought, but I have a question. Would the border guards be more likely to allow her through during her pending visa time if she has a separate work visa for the stuff she has to do in the states profesionally? The fact that she will have documented herself as having immigrant intent, while not in itself a bar on entering the US, will make it more difficult for her to gain admittance to the US at each attempt at entry. She may need to prove that it is not her intention to enter the US to be with you permamently, but the entry is for business purposes... A letter from your employer stating the reason for the entry to the US, the time she is required to do the work she is required to do in the US, and when she is expected back to work would be helpful, but is not a silver bullet... The fact reamins that she has a rather significant tie to the US through you and will need to provide evidence that is acceptable to the officer of her intention to return to Canada after her business to be conducted on this entry is completed... The fact of the matter is that your fiancee's entries into the US are not a slam dunk anymore and she should put her employer on notice to this fact... there is a real possibility that she could be denied entry based on her ties to you at any time... there is no real way to guarantee that she will keep on being admitted... sorry, but the INA does not allow for that... her immigrant intent will trump the intention of any non-immigrant visa with the exception of the K visas in regards to entry to the US...the good news is that as a Canadian, she can keep applying for entry to the US unlike the countries on VWP who lose that privilege upon the first denial of entry... I agree with others that the most probable "best" route in terms of the visa you would need to provide the minimal disruption to her business travel and employment requirements is the CR-1... It's up to you to determine what is the highest priority to you... is it to be together at the earliest opportunity so that you can build your life together... or is your priority is having her keep her current job... Sorry to say that you're going to have to sacrifice one or the other... it's just a simple matter of priorities... You also should know that your fiancee will be able to get Canadian Employment Insurance for 9 months after her arrival to the US because she had to quit her job to be able to be with you... I think the maximum is $412 per week... That may or may not make your decision easier... Onjce you decide what your priorities are, the decision on what the appropriate visa is is relatively easy... Choose the appropriate visa that fits your needs... don't let the visa choose your priorities.. Edited by zyggy, 15 January 2007 - 11:10 AM.	zyggy	Not Telling	Canada	2007-01-15 11:07:00
K-1 Fiance(e) Visa Process & Procedures	Is Guam a US POE?	Guam is a Deferred Inspection Site. They may check papers there, but you probably will go through Customs and Immigrations at the next international airport like Hawaii or California. Guam is not listed as a POE on the U.S. Customs and Border Protection site. http://www.cbp.gov/x...contacts/ports/ The Guam Airport is considered part of the Honolulu International Airport POE... So your visa would be activiated there in Guam with a Honolulu stamp... A POE can consist of more than one inspection point... For instance, the Detroit Tunnel and Detroit Bridge are both part of the same POE... The Detroit Metro Airport, Oakland County Airport, Lansing Airport, etc, are part of the DTW (Detroit Metro Airport) POE... The Guam Inspection Point itself is probably run by a Chief or Deputy Port Director depending on how big it is... they report to the port director in Honolulu... Edited by zyggy, 22 January 2007 - 09:47 AM.	zyggy	Not Telling	Canada	2007-01-22 09:49:00
K-1 Fiance(e) Visa Process & Procedures	Marrying in USA on a B1	It seems that your case has a lot of details that could impact a prospective K or adjustment case. I highly recommend that you have a consultation with an immigration laywer and divulge those details, ask plenty of questions on the risks of a tourist adjustment, and listen to their advice. It could be the best couple of hundred bucks that you've spent. You don't have to hire them to prepare your paperwork, but you can if you choose to do so...	zyggy	Not Telling	Canada	2007-01-10 08:23:00
K-1 Fiance(e) Visa Process & Procedures	Requesting interview outside of fiance's own country?	Sorry, you cannot go consulate shopping... Your fiancee must be interviewed at the consulate that has jurisdiction over the country of residence... The only exception is with a K3, where the alien is interviwed at the consulate that has jurisdiction over where the marriage took place. Many a person who got married in the Carribean, only to find out that their visa interview was in Nassau, Barbados, Caracas, or Kingston... Edited by zyggy, 30 January 2007 - 11:19 AM.	zyggy	Not Telling	Canada	2007-01-30 11:18:00
K-1 Fiance(e) Visa Process & Procedures	Entering With a K1	To answer one question, once you have the visa, you must use it on your next visit... There is no can't I enter as a visitor this time and use it later... The K visa trumps VWP... In non VWP countires, a B visa would be cancelled for the K visa to be issued. You can't have two active US visas at any one time... If you do not wish to have the visa issued until after the baby is born, you can ask the consulate to delay issuance of the visa until you wish it to be issued. It has to be issued within a certain time period of the petition approval... Edited by zyggy, 30 January 2007 - 10:48 AM.	zyggy	Not Telling	Canada	2007-01-30 10:47:00
K-1 Fiance(e) Visa Process & Procedures	A newbie with timing concerns!	He very well could have a VWP, I don't think he does but I would not guarantee anything right now. Not even my own name. Each time he visits, he always gets a letter from his work, brings evidence of his house, bank accounts, family etc (all the stuff needed, just in case). That part would not be a problem at all. The Visa Waiver Program isn't something you 'have', it just means that people from participant countries are allowed (if they meet certain conditions, like not having previous overstays in the US, etc etc etc) to enter the US for up to 90 days without any visa at all, instead of having to apply for a tourist visa. They don't need to apply for anything, they just book a plane ticket, turn up, fill in a form during the flight (which is something they'd have to do anyway if they had a visa) and are admitted for up to 90 days when they get to the States. Not the top of your priorities right now, but have a read about it here on the Consulate's website when you get the chance... your fiance should be able to enter the US without a visa (if, like I say, he meets all the criteria such as no overstays in the past, etc) - there is nothing legally stopping him from doing this, he just needs to bring plenty of proof of ties to home, as he's been doing in the past, and be able to convince the immigration officer at the POE that he intends to return to Australia within 90 days rather than immigrate to the US on that visit! Good luck with it all... and keep us posted - I will be looking out for, and keeping my fingers crossed for, good news from you!! ps... re: the waste-of-space lawyer... that's the attitude! they must not get away with it! Ok..here it is in a nutshell and I'm sure when Darryl reads this he will wonder why I am giving out his personal info...lol. As you say you must meet criteria to use the VWP program. I know I was saying it wrong before, but again, my brain is mush right now. About 20 years ago, back in his young and stupid days, Darryl received a DUI, giving him a criminal record. Eventhough it was said this would probably not cause any problems at this time, it was suggested that he get the visa as to not risk being turned away when going through customs. He didn't want to take any chances and is pretty thourough and organized, he had every paper possibly needed in order to get through those gates. That is why he has a visa. A single DUI is not considered a crime involving moral terpitude (CIMT) that would make him inadmissible to the US... now if there were something associated with the DUI such as vehicular manslaughter or assault for instance... that may rise to the level of a CIMT... If you want an idea of what rises to the level of a CIMT.. you need to come clean on exactly what the convictions were... But if it was just a simple and single DUI, it does not rise to the level of a CIMT... and therefore would not require a waiver of inaadmissibility for a visa to be issued.. Edited by zyggy, 30 January 2007 - 11:15 AM.	zyggy	Not Telling	Canada	2007-01-30 11:11:00
K-1 Fiance(e) Visa Process & Procedures	Can my fiance enter the US if his fiance visa is being processed?	Hey guys, My fiance is planning to send our case to CSC today, and I have made a plan to visit her in California in a week, staying for 10 days. Do you think this will be an issue? I doubt that any information will even have been processed at CSC by then. My main concern is what I should say when asked who I am visiting, should I say 'friends', 'girlfriend' or 'fiance'? Any information would be great, Thanks, Buffertortoise When asked a direct question, give a direct and completely honest answer... If she is your fiancee.. then state so...	zyggy	Not Telling	Canada	2007-02-02 13:56:00