Forum	Title	Content	Member	Sex	Country	Date/Time
K-1 Fiance(e) Visa Process & Procedures	degree of relationship	Hi, I am not sure whether or not to list degree of relationship on question #17 since we are not that closely related. After some research it does appear that are both 3rd cousins(we have a common great great grandfather). Originally I thought we were 5th cousins and was not going to list it. The only worry I have of not listing is because she visited me in the past on a visa waiver and listed she was staying with me and she listed me as a cousin. Also, she listed me as a cousin on a visa application. I am worried if we say we are not related it might cause some problems. Also if I do say we are related, do you think it will have any bearing whatsoever on the decision of the petition. I figure it might have some bearing since they ask it in the first place. Thanks for any input you might have. I am starting the process of gathering all the information for the petition and just want to make sure I do everything correctly. Any info will be greatly appreciated. thanks i just asked the expert here where i work, she said great great grandfather as the common relative is 4th cousin. regarding why that question is there, i suppose it is so they can make sure someone is not marrying their first cousin. i don't think being 4th cousin falls under the heading of close relative. hopefully aussiewench will spot this thread and weigh in, she's a gold mine of information. Actually the OP was correct, it is a 3rd cousin relationship Common Grandparents = 1st Cousin Common Great-Grandparents = 2nd Cousin Common Great-Great- Grandparents = 3rd Cousin I don't think a 3rd Cousin relationship would raise many eyebrows at the CO in terms of illegality. However, it may bring greater scrutiny on the validity of your relationship due to the problem that people have been using sham marriages to their relatives to get them into the US. In any case, you should disclose it, it could come back to bite you if you did not...	zyggy	Not Telling	Canada	2006-05-24 08:23:00
K-1 Fiance(e) Visa Process & Procedures	Naive question perhaps	The visitor interview thing may complicate things... If you had a fiancee relationship at the time of the visa interview and did not disclose as such on the DS-156, your fiancee may have made a material misrepresentation to the Consular Officer. In this case, trying to do anything like adjusting on a B visa could prove to be very fatal to your aspirations of being together on top of what has been said previously... ... The best thing you can do right now is call or go to the Embassy in Kiev and ask to speak with the Immigrant Visa unit. Explain your circumstances in detail and ask if they will allow you to file an I-130 with them. Talking To Immigrant Visa unit sounds like a good idea, I'll do that. Just to clarify one point though - when we filed for tourist visa we stated that we are involved and we were asking for one time visa. My fiancee, however, received multi entry 5 yrs visa. We travelled to US once and now we want to get married during next visit... but I guess it does not make any difference for the officer? Getting a multi-entry visa is typical.. Just something to clarify, having or getting a visa does not mean you are permitted entry to the US. A visa is only a ticket to be able to request entry to the US. The CBP officer at the POE is the one who determines if the alien is permitted entry. Whether or not that is granted is dependent upon the factors behind each visit and how the officer interprets those factors. Going to the US to get married to a US Citizen is a red flag to a CBP officer since it is the intention of most individuals to remain together. The fact that one of the parties is a USC means that there is potention intent to immigrate to the US during the visit. It is up to you to prove to the satuisfaction of the CBP Officer that it is the intention of your fiancee to the Ukraine. If you can prove that you also must return to the Ukraine.. all the better.	zyggy	Not Telling	Canada	2006-05-24 08:39:00
K-1 Fiance(e) Visa Process & Procedures	Naive question perhaps	The visitor interview thing may complicate things... If you had a fiancee relationship at the time of the visa interview and did not disclose as such on the DS-156, your fiancee may have made a material misrepresentation to the Consular Officer. In this case, trying to do anything like adjusting on a B visa could prove to be very fatal to your aspirations of being together on top of what has been said previously... If there's one thing this is unforgivable to the US Government, it's being lied to... and witholding information that could potentially impact a decision is the equivalent of lying... While it is fine to be able to enter the US on a tourist visa to get married and then leave the US at the end of your stay, the problem comes in the fact that your fiancee will be marrying a US Citizen. The in itself is a very good intention of immigrant intent in the eyes of a CBP officer. Individuals who demonstrate immigrant intent are not permitted to enter the US. Your chances are better to be granted entry if you have good ties to Ukraine, but absent a resident permit or Ukrainian Citizenship, I don't know how that would be possible. You need to provide proof that she, and more importantly, you have very strong ties to the Ukraine that would require you to return there at the end of your visit. In your case, absent your case being taken by Kiev for a DCF, or your filing an I-130 and remaining in the Ukraine until it processes, there is little chance that you're going to be able to do the process without some sort of separation. The best thing you can do right now is call or go to the Embassy in Kiev and ask to speak with the Immigrant Visa unit. Explain your circumstances in detail and ask if they will allow you to file an I-130 with them. Edited by zyggy, 24 May 2006 - 08:19 AM.	zyggy	Not Telling	Canada	2006-05-24 08:13:00
K-1 Fiance(e) Visa Process & Procedures	I'm nervous	If an allegation of fraud is made by any third party, it is the responsibility of the agency that approve the visa application to investigate the fraud allegation before the visa (or PR status) can be issued. There was a person on here in the past whose alien mother-in-law made the allegation that the USC was paid to marry her son. The AOS was put on hold and the couple was brought in for a Stokes Interview. A few months after the Stokes Interview his permanent resident status was approved. While it won't completely derail the process, it can throw a wrench into the works and slow things down. DOn't let it get to you.. Just keep your head high and show the proper authorities that you are a legitimate couple.	zyggy	Not Telling	Canada	2006-06-02 07:46:00
K-1 Fiance(e) Visa Process & Procedures	I-693A Vaccination Supplement from Panel Physician abroad?	Yes, he was an approved panel physician from the US consulate. I am just not sure if I should take the risk.. on the I-693A form it says "to be completed by civil surgeon only".. I don't wanna receive a RFE when I file for AOS.. So I'll probably take the save way and have a civil surgeon transfer the vaccination documentation to a I-693A.. I think it's just terminology - the the doctor who gave the medical and exams is the same as the civil surgeon. But just to be sure, check with the consulate. Panel Physicians approved by the State Dept. do not and can not fill out an I-693A Vaccination Supplement as these are filled out by Civil Surgeons approved by USCIS. Two seperate agencies, two seperate forms, two seperate sets of Doctors. Panel Physicians fill out a DS3035 medical report whaich has a vaccination element to them. Some people have submitted a copy of this DS3035 with the AOS packet with success. Some have been given RFE's for the I-693, which meant that they had to take their DS-3035 to a Civil Surgeons to transcribe the results onto a I-693. What you want to do depends on what your goals are. IF you want to go through the process with as little cost as possible, try to submit the DS3035 and see if they take it. If your goal is to get through with as little paperwork hastle as possible and as fast as possible, then I would get the DS3035 transcribed and send in the I-693 Vaccination Supplement.	zyggy	Not Telling	Canada	2006-06-05 09:26:00
K-1 Fiance(e) Visa Process & Procedures	Can extensions be asked for?	She has 6 months from the time the K1 is issued to enter the US. There are ways that you can drag your feet somewhat... A slight delay in providing the COnsulate with the Checklist will slow down the time to interview.. You can also request that the visa not be issued until a later date after the interview... But the K visa is good for 6 months after it has been issued...	zyggy	Not Telling	Canada	2006-06-05 11:14:00
K-1 Fiance(e) Visa Process & Procedures	K-1 application	I wasn't thinking of applying for a working visa, essentially be there as a visitor living with my fiance but continue working for my UK employer remote office. Is that legal? No. You will be working illegally. If you are working for ANY employer while in the US, you need appropriate visa/authority to work. You can not do work in the US that you will benefit from in any way. If you try to enter at the POE and tell them that you will be working for your foreign employer, without having an appropriate work visa, they will deny you entry. Actually this is a little bit of a hazy area... if they are on WVP, it works like a B2, you can do activities that are related to your foreign employer while in the US. It is not illegal to take business calls when one is in the US on holiday... This would work roughly the same way.... However, to actively look in the US for employment, with a US employer, that is definitely no permitted.	zyggy	Not Telling	Canada	2006-06-05 10:41:00
K-1 Fiance(e) Visa Process & Procedures	K-1 application	I personally wouldnt have the reception as you are planning to - either start the K1 now and wait 6 months or so OR go on vacation and then marry and then file the K3 - it just means if you start K1 now, you spend money (its not cheap!) - if you then plan on a reception in august you spend money for the ticket and the reception - if then you come back to uk more money for rest of K1 process and possibly more trips if you choose to. - You enter the USA then get married, spend more money - then you do adjustment of status (AOS) you spend more money. Its all money money money - unless you are rich and can do all this it isnt very wise. Why not wait till you get your K1 and then enter the states and have the wedding and reception at the same time? Or as I and others say get married and apply for K3 which I presume is still the same kinda time wait, but you have to return to UK. You could, as some have done, go on VWP and then get married and stay and do AOS, but this is not advised as you already have the intent to marry and when you do the AOS you have to have ample proof that you didnt enter the USA with the intent to marry - which could cause problems if they dont believe you - ie a ban i think. I personally wouldn't risk it:) Hope this helps in aking your mind up on which way you go. Lina (UKC) Actually the tourist adjustment scheme is DOA (it would be illegal anyways as they do have the intent to get married and stay) for this couple as they have already announced their intentions when they filed the I-129F. Any claim on non-immigrant intention during AOS could be easily disproven by the fact that the I-129F has been filed... THey are left with continuing the K1, or go with ah K3 or an Immigrant Visa.	zyggy	Not Telling	Canada	2006-06-05 10:30:00
K-1 Fiance(e) Visa Process & Procedures	K-1 application	Hi, thanks for the reply. To clarify, if we can only hold a reception, then that is all we'll do. I was advised by somebody that it would be possible to marry officially on a Visa Waiver, but yes, I guess we need to ditch where we're up to with the K-1 application and go the K-3 route. I think I'd rather wait until the K-1 arrives and do that. I wasn't thinking of applying for a working visa, essentially be there as a visitor living with my fiance but continue working for my UK employer remote office. Is that legal? I would certainly leave before the visa waiver period ended and that's why I was wondering if it was possible to purchase a return flight from the US to the UK to the US, so I can go home (UK) temporarily and then go back to the US. I would do this if I was out there and paperwork concernging the application arrived in the UK that I had to deal with. With regards my 4th question, I have booked flights from 16th August returning some time in September, yet I would like to stay for the duration of the visa waiver (90 days). Will this affect my application for a 90 day stay as I can't prove I will return after 90 days as my return flight is only, say, 30 days later? I kind of follow your penultimate paragraph about change of status, but how does this work? What visas are required for this? Thanks for your help. Please let me know if any further clarification is required. Regards, Jason. Generally the way the rule works is that for X amount of days in the US, you have to spend X amount of days in your home country. The VWP is not meant as a way for you to stealthily try to live in the US while you're waiting for a visa. IF you leave before you 90 days and try to immediately come back, I guarantee you that you find yourself on a plane back home with your ability to use the VWP cut off. Stay for your 90 day visit, but be prepared for some separation. It is unavoidable...	zyggy	Not Telling	Canada	2006-06-05 09:19:00
K-1 Fiance(e) Visa Process & Procedures	after K-1	I don't know the answer for this so I'd really check with the Feds ... which agency I don't know ... I guess DHS Immigration? I've been to the USVI and I can tell you that you still have to go through US Customs even if you're a USC. At least November 2004 I had to and the time before 1997. My hunch is you'd need Advance Parole for your sweetie to get back into the US. I'd not risk for a second taking Maria out of the US without AP! I've also recently read about the fiancee being denied boarding in the foreign country because her international passport was different from the other papers 'cause she changed her name and left with the two not matching after marriage. Another consideration after marrying. Several matters to very, very carfully weigh ... like "risk" and trade-offs: idyllic marriage, fairy tale versus entry into the US denied. Get all the facts and in writing -- though the Feds give conflicting info in writing .... <sigh> The K-1 visa requires you to get maried in the US. If you want to leave the US (the Bahamas, Canada or anywhere else in the Carribean with the exception of the USVI and Puerto Rico is not the US) after your marriage, you will require Advanced Parole. Advanced Parole takes about 90 days to get after you have applied. The USVI is considered as the United States in the INA. So you can go to the VI without AP... The reason why there is still immigration controls after the VI is because they have a different VWP program (let lots more visitors from other countires in) and don't want people slipping through the cracks. But if you have a valid K-1 in your passport, you'll be waived through. You can also get married in the VI, but be careful, the VI is known for having a mind bending bureaucracy. By the time you actually get your marrige license, it may already be time for you to go.. not to mention the time it would take to get a marriage certificate from them. They just run on a different definition of time... Do what others say on here.. get a small ceremony done in your locale and then plan for a bigger wedding later. That's what I did and it doesn't diminish the experience one bit.. Edited by zyggy, 06 June 2006 - 11:41 AM.	zyggy	Not Telling	Canada	2006-06-06 11:38:00
K-1 Fiance(e) Visa Process & Procedures	Mailing K-1 package on 6-12, is the current 1-129F form still good?	when i first sent in the i-129f.....i had to list all children....there was nothing specific on any child that was coming with me...i think that comes later with the info for the embassy...i have 4 kids....18-26yrs old...but only 1 is coming with me....and thats what i am a little afraid of with this imbra stuff. see he is 20 and will be 21 in april of 07. so i am hoping this gets cleared up real soon....but as far as i can see, right now, just list all kids you do have, and later on you will have to state which kid is coming with you...and welcome to vj.. Just to let you know, there have been individuals that have had severe difficulty with adjusting status for their children that are between the ages of 18 and 21. Talk with Girona21 about this.. I hope that she posts here, but you can look up her old threads in the archives. She's currently getting an opinion from the BIA about this very issue... zyggy.....are you sure the name is girona21??..closest i can dind is girona41 i think.. That's my pal Gleyns. Her screen name is Girona40. cool...i did in fact message her...the right gal..lol....i just cant believe what she is going throu for that...geeeez......i dont understand why thou...cause from what i am hearing..as long as they are under 21 when filing for aos, all is good.. From what I understand, the problem goes to a conflict in the INA... The portion for K visas states that it is possible because they allow for K visas to be issued to people between the age of 18 to 21 and to subesquently adjust their status based on that visa. But the portion for Adjusting Status states that in order to be considered an immediate realtive the step-parent relationship has to take effect as of the 18th birthday. Only immediate relatives are eligible to adjust their status to an immigrant... So most DO's have taken the former stance, a few have taken the latter.... It's a conflict in the INA itself. That's why Girona has requested that the BIA resolve the conflict... Edited by zyggy, 08 June 2006 - 10:42 AM.	zyggy	Not Telling	Canada	2006-06-08 10:40:00
K-1 Fiance(e) Visa Process & Procedures	Mailing K-1 package on 6-12, is the current 1-129F form still good?	when i first sent in the i-129f.....i had to list all children....there was nothing specific on any child that was coming with me...i think that comes later with the info for the embassy...i have 4 kids....18-26yrs old...but only 1 is coming with me....and thats what i am a little afraid of with this imbra stuff. see he is 20 and will be 21 in april of 07. so i am hoping this gets cleared up real soon....but as far as i can see, right now, just list all kids you do have, and later on you will have to state which kid is coming with you...and welcome to vj.. Just to let you know, there have been individuals that have had severe difficulty with adjusting status for their children that are between the ages of 18 and 21. Talk with Girona21 about this.. I hope that she posts here, but you can look up her old threads in the archives. She's currently getting an opinion from the BIA about this very issue...	zyggy	Not Telling	Canada	2006-06-08 08:11:00
K-1 Fiance(e) Visa Process & Procedures	Mailing K-1 package on 6-12, is the current 1-129F form still good?	Sending K-1 package off on 6-12-06, should I wait for new 1-129F forms or the current ones are still good? Also my fiance wants to arrive with her under 21 year old child who is listed on the 1-129F form, how do I indicate this in the package, should i send in a note with the package or do separate paper work for the child...what do i do? I am confused...all help is appreciated. Thanks. Would appreciate a contact e-mail or number from someone who i can call or write to for help before i send off this package. Thanks in advance. jamrok2@aol.com. The new I-129F form is supposed to be coming out tomorrow. I find it unlikely that they will allow submissions on the previous versions of the form since the new form is substantially different... If you're going to file on 6-12, I would hold out for the new form. Edited by zyggy, 08 June 2006 - 07:54 AM.	zyggy	Not Telling	Canada	2006-06-08 07:53:00
K-1 Fiance(e) Visa Process & Procedures	Need to help a friend...	Hi everyone Hope someone can help me (and my friend) out! Basically my friend (British) has met the man of her dreams (American). Now that she has graduated from University she wishes to go to the USA under the visa waiver program and stay with him for the maximum 90 days, before returning home. Then approximately 6 weeks later she intends to go back in again on the visa waiver program and stay for the maximum 90 days before returning home once again. Is there any issue with repeatedly entering under the visa waiver program for the maximum period? I've tried researching this myself but to no avail! Thanks in advance Matt x If she trys what you suggest, she's in for a long ride home on her second try without the opportunity to use the VWP ever again... If the CBP believes that she's spending more time in the US than in her home country, they won't think twice to send her packing. The rule of thumb is to spend at least as much time in your home country as in the US. If she stays in the US for 90 days, she should plan to stay in the UK for at least that if not more...	zyggy	Not Telling	Canada	2006-06-09 10:34:00
K-1 Fiance(e) Visa Process & Procedures	I-129F Applicant Living Abroad Problems	Well...not sure how much help this will be but....generally when filing for a K-1 the USC has to at least have a U.S. address. That's part of the K-1. Not sure about this but couldn't you and your fiancé file DCF in Canada? Just a thought.... Just looked up what a DCF is My situation is that I accepted a job back in the States last week to begin on August 1. Hmm...it might be kinda hard to get a marriage license, married, the marriage certificate, and a consulate interview before then. With all of the problems with I-129Fs, this might actually be the way to go The annoying part about this is that as far as I can tell, there's nothing in the I-129F form stating that I cannot apply from abroad. There's most definitely a section stating that K1s cannot be submitted to consulates but it should not matter where I live. You can get married today if you wish it to be so... You don't have to be a resident when you spouse has his/her interview.. only when you file the I-130 at the consulate and you can do that at any time between the wedding and the time that you leave. That leaves you with a month and a half. Plenty of time. I would put together a quick wedding to be able to file for DCF.. If you want a big ceremony, you can have it later... YOu have a golden opportunity to get to use DCF... I wouldn't waste it... Edited by zyggy, 08 June 2006 - 08:17 AM.	zyggy	Not Telling	Canada	2006-06-08 08:14:00
K-1 Fiance(e) Visa Process & Procedures	Spelling of fiancee's name	Pak, leave her name the way it is for now. There is no need to create any problems or misunderstandings with the Consulate or the INS. Once she is here, get married and then you can request the judge to change her name to anything you two like The name that you use on the I-129F must match the name in Latin Characters that is on the individual's passport. No if's and's or but's... Once she marries you, she can just take your name so you don't have to worry about it anymore... Edited by zyggy, 13 June 2006 - 01:56 PM.	zyggy	Not Telling	Canada	2006-06-13 13:55:00
K-1 Fiance(e) Visa Process & Procedures	Will a trip to US mess up I129F process?	We are considering a trip to a restaraunt in El Paso from Juarez, my fiancee has a B1/B2 VISA. Does anyone have any experiences in crossing while their K1 application was being reviewed? Will it affect the process in any way? I assume all we have to do is show evidence of returning to Mexico, which we can do with her plane tickets. Hmmm - that *could* be a tricky one although I doubt that anyone at the border crossing would have access to a database showing that her K1 is in process. That would be incorrect... the CBP system accesses the USCIS database once the passport and visa is scanned into their system. Name, DOB and Country of Citizenship is enough to pull the file.. Since the CBP knows that you have a tie to the US that could affect your decision to stay past your period of stay, you need to provide evidence of factors that would require you to return back to Mexico before your period of stay expires. Examples given above can help but are no guarantee. The final decision rests with the CBP officer...	zyggy	Not Telling	Canada	2006-06-13 14:00:00
K-1 Fiance(e) Visa Process & Procedures	CNN.com is now carrying Bill's AP story!	Damn... this is pretty sweet... Kudos for Bill for getting this out in the open...	zyggy	Not Telling	Canada	2006-06-14 07:32:00
K-1 Fiance(e) Visa Process & Procedures	so the NEW I-129F forms is still not available????	I am not sure where I saw it but I did read the new form would be availble starting the 25th or 26th of June. One advantage of not waiting is there are probably a lot of people sitting on their hands waiting for the new one and there will likely be an avalanche of new filings as soon as the new form is available. You can get ahead of that now even though the RFE will slow you down. My feeling exactly Your logic is misguided... The USCIS uses a priority system policy where earlier cases will be sent for adjudication before later cases... Let's say that the form comes out next Friday, June 23. If you send in the old I-129F today and it arrives let's say next Tuesday, June 20th. That means in essence that your petition will be sent for adjudication between 3 to 7 days before the guy that waits. Your petition get to the adjudicator and he sees that it was with the old form and immediately issues an RFE. You then have to wait for that RFE to be generated and sent out to you and when it arrives at your house about a week and a half later, the guy that waited until the new form went out is now sitting on the desk. Seeing that it's the new form, the adjudicator proceeds to adjudicate it, approves it, and sends it on it's way to the NVC.. All while you're waiting for your RFE... Still want to send it in now? Edited by zyggy, 15 June 2006 - 09:13 AM.	zyggy	Not Telling	Canada	2006-06-15 09:12:00
K-1 Fiance(e) Visa Process & Procedures	so the NEW I-129F forms is still not available????	I would go ahead and file if you have everything ready. By filing with the old I-129F, you know you will receive a RFE which will add a week or 2 to your time but at least you will have the process started and you will get your NOA1. Now, hopefully for everyone here who is waiting, the new form comes out today but there is always the possibility that it won't be available until tomrrow, next week, next month, etc. With all the problems I had with USCIS (I am STILL waiting for my NOA2), I don't trust them very much. I guess it is a choice that you will have to make. Just my brief thoughts. Actually right now.. I would wait... Their website states that they want to get the form by the end of June. You can send it in now, and wait for the time for them to get you an RFE and you to send it back (which could take a month), or you could wait a couple of weeks for the new form and avoid all that. IMHO, anyone who needs to file a I-129F should hold on until the new form comes out... It would likely result in a net gain in processing time versus filing with the old form. Edited by zyggy, 15 June 2006 - 07:23 AM.	zyggy	Not Telling	Canada	2006-06-15 07:22:00
K-1 Fiance(e) Visa Process & Procedures	Prostitution Convictions - Advice Needed	I'm would be very grateful if anyone can give me any advice on this. I am 47 year old UK woman who back in 1978 in the UK was convicted of 3 charges of CPL ( common prostitute loitering) First two charges I recieved fines and the final one I was given a 12 month deferred sentence. Yes it was stupid of me and yes their were circumstances why I ended up in that position - but since that time ( 28 years ago) I have not so much as recieved a parking ticket. let alone any further criminal charges. I left that life far behind me. I am now very much in love with a USC ( he is fully aware of my past) and we wish to be married and for me to move to and reside in the USA. I have read what information there is available online but am still unable to determine if these charges given the rehab time period would still be considered relevant enough grounds to deny me access. I am aware of the waivers available for those with criminal records and I was hoping that I may well be considered a *reformed* character . I appreciate that I may well fall foul of the *moral turp* regulations but I am again hoping that the 28 year *rehab* period would help me in this respect. To further complicate this issue I have been worried about even flying out to meet this guy (a pre-requiste as I understand it for the Fiancee visa application ) as It would require me going via the GWP and hence could possibly become an issue should I then apply for a K1 in that I would have previously entered under the GWP illegally He is unable to visit me without being accompanied because of his severe medical condition I will jump through whatever hoops I need to to be with this man I am just very wary of doing the *wrong* thing and possibly endangering ANY chance of us being together. The whole thing is a total nightmare for us. ANY advice on the best way to proceed on this would be very much welcomed You crime has made you inadmissible to the US. You can apply for a visitor visa to be able to come to the US at your local consulate and with some time it will very likely be approved due to the offense and the time since it was committed. For the K-1, you must report the crime on your forms... A crime is a crime, no matter when it was committed. At the interview, the visa will be denied and you will be invited to file a waiver of your inadmissibility. You should have this prepared ahead of time and give it to them at that time. However, the good news is that London routinely approves these waivers. Especially in your case when the offense was non-violent and the amount of time since the conviction. In essence, it will just be another "hoop" that you'll have to jump through. Go to the I-601 Waiver Forum and ask questions there. They will be able to guide you about waivers, what you need to do, attorneys to contact, and what may be required of you... Edited by zyggy, 15 June 2006 - 09:03 AM.	zyggy	Not Telling	Canada	2006-06-15 08:55:00
K-1 Fiance(e) Visa Process & Procedures	Can my fiancee visit me in the US?	How would they know that you have filed the petition? My fiance doesn't have any stamp in his passport or any way of immigration knowing that we have filed the petition. Is it riskier once it has been approved? I'm just a little confused as to how they would know that the petition has been filed when your fiance goes through immigration. Please let me know! CBP does know if there is a I-129F in process. The airlines wire their manifest with passport numbers and other data from the passport ID page to the CBP. The names and information on the manifest is crosschecked against a whole slew of databases while you are still in the air. That includes USCIS's database. So when you arrive, there will be a listing of your I-129F on the screen. Once it is approved, you must enter on the K visa. You are no longer eligible to enter the US as a visitor. Edited by zyggy, 12 June 2006 - 12:03 PM.	zyggy	Not Telling	Canada	2006-06-12 12:01:00
K-1 Fiance(e) Visa Process & Procedures	Please Help.	Thank You again I believe from the distant memory that I had it was less than £10 (less than approx $18) worth of items. That's the stupid thing about all this! Hopefully the court records will reflect this. I'm totally devastated. eveything was proceeding wonderfully. I would think that theft of articles valued at $18 would definitely apply under the petty offence exception.	zyggy	Not Telling	Canada	2006-06-16 08:39:00
K-1 Fiance(e) Visa Process & Procedures	Please Help.	Thanks. I hope everything will be OK. I've found out that in UK law an absolute discharge means you are guilty but due to circumstances, age, background, actual crime etc the court takes no further action against an offender, but the offence and the discharge will appear on his criminal record From the web site www.cjsonline.gov.uk/defendant/faqs - "Absolute Discharge - this means that although you are guilty of the offence, the court took the view that no punishment was necessary. Reasons for this could perhaps be: because of the circumstances of the crime; your previous good character; if the crime was very minor; or you are very young, or very old. Regardless of the definition, I still have a record! Next thing I suppose is to get hold of the court records. Def get ahold of the court record & bring a copy to the interview. Check this out, but I believe that your discovery and informing the Consulate falls under 'timely retraction', so it's not a death sentance in itself. Don't forget that you will always have to tick the 'have you been arrested' box on all future forms regardless of the outcome of the case. Save those court records when you get them! This is one of those famous 'complications' that might lead you to want to consult with an experienced family-based immigration attorney. You can do this online or over the phone; be sure to get them all the documents (what you filed + emails +court records + any definition in American of what your charges/outcome were). In fact, if you run this past lawyer Laurel Scott, she can tell you with some certainty if your case will require a waiver or not. Also recommend you look up vj user 'munchkins' for info on very old convictions and when a waiver is required. You can find Laurel at her own website (free immigration chat on Wednesdays) and posting at this excellent group: http://www.immigrate...wforum.php?f=26 Thank you for your reply and I take your advice onboard. I've found out how to get hold of the court records. Also I've found a form that may be useful - maybe? it's VCU001 - its on the Consular web site in London. It appear to be for people who, like me have been arrested and/or convicted of a crime. It has some additional instructions. My Fiance continued searching the web and found some more info. He's hoping that the fact it happened in 1986, there was no sentence or fine, the Court decided to give me an absolute discharge and there has been no other conviction that they may look at me favourably under the Petty Offence Exception. I'm gathering as much info as possible including looking at the I-601 - how I'm going to construct a hardship letter I don't know - I've read some on the www.immirate2us.net web site - and I don't feel we would qualify. I've sent an email to the consulate in London - waiting for a reply. Does anyone know if phoning the Embassy direct on the Switchboard: [44] (0)20 7499-9000 number be of use or would I have to use the non London number 09042-450100? Any more help would be gratefully accepted - but in the end what will be will To be eligible under the "Petty Offense Exception", your crime would have to be considered a petty offense under US law. Whether it's a petty offense or not depends on the value of what you stole. From the Foreign Affairs Manual (9 FAM 40.21) To render an alien ineligible under INA 212(a)(2)(A)(i)(I), the conviction must be for a statutory offense, which involves moral turpitude. The presence of moral turpitude is determined by the nature of the statutory offense for which the alien was convicted, and not by the acts underlying the conviction. Therefore, evidence relating to the underlying act, including the testimony of the applicant, is not relevant to a determination of whether the conviction involved moral turpitude except when the statute is divisible (see 9 FAM 40.21(a) N5.2) or a political offense (see 9 FAM 40.21(a) N10). The presence of moral turpitude in a statutory offense is determined according to United States law. Common Crimes Involving Moral Turpitude Categorized below are some of the more common crimes, which are considered to involve moral turpitude. b. Other crimes committed against property involving moral turpitude involve an inherently evil intent, such as the act of arson. The following list comprises crimes frequently committed against property, which may be held to involve moral turpitude for the purposes of visa issuance: (1) Arson; (2) Blackmail; (3) Burglary; (4) Embezzlement; (5) Extortion; (6) False pretenses; (7) Forgery; (8) Fraud; (9) Larceny (grand or petty); (10) Malicious destruction of property; (11) Receiving stolen goods (with guilty knowledge); (12) Robbery; (13) Theft (when it involves the intention of permanent taking); and (14) Transporting stolen property (with guilty knowledge). -AND- An immigrant alien who is ineligible under INA 212(a)(2)(A)(i)(I) is eligible to apply for a waiver of ineligibility under INA 212(h) (see also 9 FAM 40.21(a) PN2) if it is established to the satisfaction of the Secretary of Homeland Security (DHS) that: (1) The activities for which the alien is excludable occurred more than 15 years before the date of the alien’s application for visa; (2) The alien’s admission to the United States would not be contrary to the national welfare, safety, or security, and (3) The alien has been rehabilitated. and the petty offense exception (A) Conviction of certain crimes.- (i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of- (I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or (II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible. (ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or (II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed). The rules are based on US law and what the punishment for the crime would be in the US... Generally, theft of more than $500 would result in maximum prison time of more than a year... Petty theft is generally less than about $500 or so... For instance, theft of more than $200 but less than $1,000 in Michigan carries a maximum penalty of 5 years imprisonment. Theft between $1,000 and $20,000 carries a maximum penalty of 10 years imprisonment. The guidelines above should give you an idea of what to expect and get you better informed when you talk with your attorney. Edited by zyggy, 16 June 2006 - 07:18 AM.	zyggy	Not Telling	Canada	2006-06-16 07:17:00
K-1 Fiance(e) Visa Process & Procedures	Please Help.	Can anyone give me some help and advice? I've just received my police check back and I've just had a forgotten memory slap me hard in the face. I've gone through the full range of emotions- disbelief, upset, tears, panic - I now have to tell my Fiance - I'm waiting for him to call after leaving a tearful message. I was arrested and went to court in 1986 for shoplifting - I was 18 years old, just the one conviction. According to the police check I was given an Absolute Discharge. I didn't even get a fine. I've just sent Packet 3 paperwork minus the checklist (waiting for the Police Check!), to London and arranged my medical. I've just sent an email to LondonConsular@state.gov trying to explain why I didn't disclose it on DS-156, thinking eveything would be OK, as it was a genuine mistake on my behalf, but I then read posted topic by another worried person and I'm really now panicking. It mentions waiver I-601. I go to the www.immigrate2us.net forum and have a look and I'm really in a panic. Does that fact I had an "Absolute Discharge" mean anything? Please, can anyone help me? If Absolute Discharge means they dropped the charges, then you were not convicted of a crime of moral turpitude and a waiver should ne be required. A waiver is only required for convictions... Edited by zyggy, 15 June 2006 - 03:25 PM.	zyggy	Not Telling	Canada	2006-06-15 15:24:00
K-1 Fiance(e) Visa Process & Procedures	NOA2 thread	unless i'm missing something, i can't find the previous NOA2 (recalled petitions) thread, so I'll start a new one here....any new info? I believe it was moved to the new IMBRA forum... please check there..	zyggy	Not Telling	Canada	2006-06-21 13:41:00
K-1 Fiance(e) Visa Process & Procedures	Border Troubles	Whether there are problems or not depends on the reason one was denied entry... Why was there a ban placed on you... Did you make a material misrepresentation?... Did they give you anything when they give you the ban... If so, then you may have to file a waiver to get a visa... Edited by zyggy, 17 May 2006 - 03:25 PM.	zyggy	Not Telling	Canada	2006-05-17 15:25:00
K-1 Fiance(e) Visa Process & Procedures	Long Birth certificate for USC	I posted this question in another thread and I think it got lost..... As the foreign fiance, I have the long version, but does the USC have to send in the long version as well? I couldn't find anything in the guides that make reference to the long BC for the UCS... Did anyone send in the short version and be ok? Thanks The US doesn't have a long and short form Birth Certificate. There's just a birth certificate. True, you can get a wallet-sized legal BC, but it's still the normal one, just smaller (reduced). It depends on the state that issued the BC. I have both a short and a long form from South Carolina. I couldn't find the long form when I sent in my application, but it states in the instructions for the I-129f that if you lack a birth certificate, you can send in a complete copy of your passport (all pages, including the blank ones.) So I sent that with the short form to be on the safe side and had no problems getting approved through Vermont. (Until IMBRA screwed it all up, of course.) It is true that some states issue a wallet sized card, but it usually isn't called a Birth Certificate. It's usually called a Registration of Birth Card or something to that extent. The only document that is an actual Birth Certificate in the US is the 81/2 X 11 one with all of the birth information...	zyggy	Not Telling	Canada	2006-06-22 11:12:00
K-1 Fiance(e) Visa Process & Procedures	Long Birth certificate for USC	I posted this question in another thread and I think it got lost..... As the foreign fiance, I have the long version, but does the USC have to send in the long version as well? I couldn't find anything in the guides that make reference to the long BC for the UCS... Did anyone send in the short version and be ok? Thanks I don't believe the US has an option between long form and short form.. they are all long form...if it's a card, then it's probably not the official BC that one would get from their country clerk's office. Edited by zyggy, 22 June 2006 - 08:25 AM.	zyggy	Not Telling	Canada	2006-06-22 08:24:00
K-1 Fiance(e) Visa Process & Procedures	DUTCH FIANCE.. Does he have to come in on a K1 visa?	I was told by a Immigration officer that, they actually look on Visajourney. After going through this the right way, i would NEVER put my marrage to be on the line. Do it the right way, start the K1 journey or the K3. YOu will have peace of mind. Actually you have a golden opportunity. The consulate in Amsterdam is a consulate that is extremely DCF friendly in allow US Citizens to file a I-130 at the consulate to bring their spouse to the US with an immigrant visa, even if they are not resident in the Netherlands. This way will easily be the fastest way to get your fiancee into the US with the added bonus of being a permanent resident upon entry. All you have to do is fly to the Netherlands, marry him there and then go to Amsterdam and file the I-130 at the consulate there... Check out the DCF forum here to find out more... Edited by zyggy, 22 June 2006 - 08:10 AM.	zyggy	Not Telling	Canada	2006-06-22 08:09:00
K-1 Fiance(e) Visa Process & Procedures	request for ealier visa appointment	how often does someone could get an earlier visa appointment. I just requested an earlier visa appointment for this reason: I would like to enroll my son before the opening of classes on Sept 5th. I do not like to see my son having a hard time catching up missed lessons and at the same adjusting to his new school. My schedule of appointment is on Sept. 22. Is this a valid reason for someone like me requesting for an earlier visa appointment? All you can do is ask, but IMO that would not be a good enough reason to move up an appointment date...	zyggy	Not Telling	Canada	2006-06-26 08:38:00
K-1 Fiance(e) Visa Process & Procedures	PASSPORT/VISA LOST/STOLEN	scy... Actually I'm sure that what you atate is not the case... If the visa has not been used, It can be reissued. It can even be reissued if a K visa holder were to enter the US, not get married, go back home, and still wishes to return home... If that is the case, I see no reason why it couldn't be reissued due to loss or theft of a passport... It was my understanding that if the K1 enters the US, does not get married and goes back home, the visa can be revalidated but not reissued and the 90 days of validity is still counted from the original entry date. That is correct... but a new visa will be placed in the passport.. but with the same expiration date, control number, etc. Revalidation is not reissuance. They will not give you the a visa number if you reported the visa loss/stolen. They will mark that number as loss/stolen and you won't be able to use it to enter the US. And to issue another K-1 visa with a new number will require a new petition. Again.. I disagree with you... what what I have seen in the past, this is not the case. The consulate will reissue a visa in these circumstances without requiring a new petition..	zyggy	Not Telling	Canada	2006-06-26 08:15:00
K-1 Fiance(e) Visa Process & Procedures	PASSPORT/VISA LOST/STOLEN	scy... Actually I'm sure that what you atate is not the case... If the visa has not been used, It can be reissued. It can even be reissued if a K visa holder were to enter the US, not get married, go back home, and still wishes to return home... If that is the case, I see no reason why it couldn't be reissued due to loss or theft of a passport... It was my understanding that if the K1 enters the US, does not get married and goes back home, the visa can be revalidated but not reissued and the 90 days of validity is still counted from the original entry date. That is correct... but a new visa will be placed in the passport.. but with the same expiration date, control number, etc. Edited by zyggy, 26 June 2006 - 07:42 AM.	zyggy	Not Telling	Canada	2006-06-26 07:41:00
K-1 Fiance(e) Visa Process & Procedures	PASSPORT/VISA LOST/STOLEN	scy... Actually I'm sure that what you state is not the case... If the visa has not been used, It can be reissued with the same expiration date. It can even be reissued if a K visa holder were to enter the US, not get married, go back home, and still wishes to return home... If that is the case, I see no reason why it couldn't be reissued due to loss or theft of a passport... To the OP... you have to report the loss/theft to your local police service, contqact the passport office to get a new passport issued, and then contact the consulate to get a new visa issued in your new passport. Contact the IV unit at the London Consulate by sending them an email (DO NOT call the phone number there, you will not be taking with the consulate, but with a contract phone answering service) to keep them apprised of what is going on... Edited by zyggy, 26 June 2006 - 07:24 AM.	zyggy	Not Telling	Canada	2006-06-26 07:22:00
K-1 Fiance(e) Visa Process & Procedures	Entering the states while pending K1..	Ok this is something that baffels me... If waiting for the K1 the foriegn fiance visits the states I have read in so many posts that when entering, try not to give out too much information... dont mention "visiting fiance", always have alot of information to prove that you intend to return to your own country. Thats all good information but what gets me is - If one normally goes on vacation anywhere in the world you have a return ticket and you just go and get on the plane and fly and go through immigration, normally one isnt thinking they would be turned away, hence they dont normally carry things like rent aggreements, employers letter stating when you return to work etc. So isnt having all the information with ties to own country on your person look suspicious to the Immigration officer? I mean why would a visitor carry that stuff? unless they are either hiding the fact that they are coming to visit fiance, if these docvuments are found on your person after further interogation then when saying originally you are visiting friends would have been a lie. I dont know where I am going with this it was just a thought that came to mind. I was stopped for further interrogation on my last visit December 2005 - I guess I looked supicious plus the fact I get anxiety attacks and it was due time for me to take my pills, the officer was very kind to get me some water:) Luckily this time i said visiting friends and we had not started our K1 yet but I got grilled all the same about who this friend i was staying with, once he found out it was a man the questions came flying.. "how long have you known him? is he your boyfriend? will you be marrying this man? "etc etc. Obviously in my case I told him the truth - yes we considered it and are talking about it but we broke up prior to my trip and we decided to make a go of things again hence the visit and if we did decide to marry then we would go through the fiance visa route and do everything leagally Obviously I had no information with me to show my ties to UK, except the fact that I told him I was on benefits, when asked what I did for a living and the money went straight into my account and was willing to log onto my online account if he would give me access to a computer LOL. He seemed pleased with the interogation and didnt seem to think that I was doing anything illlegal, good for me:) But when it was all done I had a little chat with him, told him he made me feel like I was doing something wrong and intimidated me when all I was doing was visiting the states as I love America (infact that was the only place i went on vacations in the past lol), He seemed very friendly and he said it was his job to look intimidating but he meant nothing personally lol. Well sorry to go on about this I was just thinking about this and thought I would make my thoughts be known , does anyone else think the same? Lina (UKC) The difference is that most people who come to the US do not have a significant tie to the US that could cause them to think about violating the terms of their status... ANd it is the job of the CBP officer to be intimidating. People who have something to hide do not willingly volunteer information. When under pressure, most people don't have time to craft responses and tend to let things slip. The truth will always come out when one is under pressure, either through words or body language... It's a common interrogation tactic. Obviously, the answers you gave and your demeanor satisfied the officer that you weren't planning anything that would go against the terms of your visa. Edited by zyggy, 27 June 2006 - 08:52 AM.	zyggy	Not Telling	Canada	2006-06-27 08:52:00
K-1 Fiance(e) Visa Process & Procedures	please i need some advice im in uk and bf is in usa we want to be together please!!!	You're young... maybe you can consider getting a student visa and stay in the US to get to know each other for a little bit... or maybe he can get a student visa in the UK to get to know you...	zyggy	Not Telling	Canada	2006-06-27 09:17:00
K-1 Fiance(e) Visa Process & Procedures	Can someone help me??	The best route for you both is to go and have a consultation with an immigration attorney who specializes in family based immigration. After getting the specific facts related to your case (what was included on the B visa application, what was said in the B visa interview, what was said at the POE when entering the country, and other factors), the immigration attorney will be able to guide you on what can be done and risks that are involved. All of those and other factors could have significant bearing on your case. What you may believe is not significant may turn out to be significant in the process. An attorney will help you figure that out. Do not do what is easy or what appears on its face to be easy. FInd out what you both really want, your timeline, and what your needs are, weight out the various immigration options, and then choose which route you want to take that fits your needs... Edited by zyggy, 23 June 2006 - 10:02 AM.	zyggy	Not Telling	Canada	2006-06-23 09:59:00
K-1 Fiance(e) Visa Process & Procedures	Proof of Meeting question	I had read somewhere on the net the other day that if you haven't been able to go to the country where your fiance lives because it would cause financial hardship that it would still be ok. My question is.......could someone please help me locate this info for me? I can't remember where I found that and I would like examples or experiences or suggestions from anyone that can help. I can go there, but not before I file for the K1 Fiance Visa. I need help, suggestions, anything. Please? Thank you so much in advance. Financial hardship in itself is not a valid excuse for a waiver of not meeting from the USCIS... Edited by zyggy, 06 July 2006 - 12:44 PM.	zyggy	Not Telling	Canada	2006-07-06 12:44:00
K-1 Fiance(e) Visa Process & Procedures	Moving	USCIS FACT SHEET ON CHANGING ADDRESS If the petition is at the Embassy .. it's out of the USCIS's hands. They don't care anymore. So that link above does not apply in this case. All the Embassy is concerned about is knowing where the alien will be going to once they enter the US. That can be entered on the DS forms that they submit at their interview. Nothing else needs to be done until that time...	zyggy	Not Telling	Canada	2006-07-06 10:08:00
K-1 Fiance(e) Visa Process & Procedures	Moving	You can put the new address on the DS forms and inform them at the interview. They do not need to be informed before that time...	zyggy	Not Telling	Canada	2006-07-06 09:56:00