Forum	Title	Content	Member	Sex	Country	Date/Time
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
K-1 Fiance(e) Visa Process & Procedures	Cancelling petition	Hello to all. We have decided to marry in Odessa on August 26 rather than wait until next summer when we plan to move back to the States. I need to withdraw my petition for her K1 Visa. What is the proper procedure so I don't jeapordize our future visa application? Send a letter to the Service Center that has jurisdiction over you case and request that the petition be cancelled without prejudice.	zyggy	Not Telling	Canada	2006-07-07 10:18:00
K-1 Fiance(e) Visa Process & Procedures	potentially stupid question	please forgive me and be patient with me regarding this. i seriously hope someone can help because i fear have no one else that can help us. i am seriously depressed and at the end of my rope. i am in the US with my fiancée on a K1 visa. we've ran into some personal problems with which we have the hope that they can be fixed...however, time is running out with the visa (literally days) and that's not helping with the stress or depression. we have not yet married - it's come to a point that we won't until these problems are dealt with or show real signs that they'll improve. I'm getting more and more depressed because I'm under the impression that if we don't marry that I'm going to be deported since we have not fulfilled our obligation for this visa (not married within the 90 days). I feel like I can't talk to her (at the moment) or anyone about this. I know that the right thing is for us not to get married, I know in my head that we're just not ready for it. You're reading this and probably thinking - "you should of thought about all that before coming over and that you're making a fool of the K1 process!" and yes you'd probably be right but we had no idea it was going to end up like this. However, be it stupidity on our or my part in coming over, this is the situation now and I beg for any help. If you don't want to see it as helping us, then maybe think about it as helping other people who are about to begin the whole process? So, the question is: are we still able to stay together and sort these things out once the K1 has expired (maybe just meaning more paperwork when it comes to adjusting status?) or would I be now illegally overstaying and due for deportation? I can't see how going back to my home country can help our problems, to me it'll just make things worse and we'll grow apart, God forbid please. Being with each other, I feel, we can truly fix these issues. However, if the law is what I fear then there's nothing I can do about it and I'll have to respect it. I am seriously not posting this looking for sympathy from anyone, I'm just hoping to get the advice or facts regarding the visa. Thanks in advance and sorry for the long winded post. The rule is is that if you want to adjust your status based on the K-1 visa, you must be married within the 90 days. However, there is nothing stopping you from getting married at a later date and subsequently filing an I-130 and I-485 together. However, every day past the expiration date on the I-94 and the date that the I-130/I-485 is filed is considered time out of status. When you acquire more than 180 days of time out of status, you will have a 3 year ban on reentry. Additionally, once you acquire time out of status, you are not eligible for VWP and your ability to get a subsequent visitor visa to the US will be diminished if things don't work out...	zyggy	Not Telling	Canada	2006-07-05 15:02:00
K-1 Fiance(e) Visa Process & Procedures	Tourist Visa???	Hahaha... I'm going to visit her again in Tokyo on the 29th of this month. I should just go and marry her. Aww... but then I'd need to start all over again with another process. Thats it!! I'm moving to Japan! Actually in your case, that would be a better way. The US Consulate in Tokyo allows USC's that are not resident in Japan to file an I-130 for their alien spouses who are resident in Japan. After the I-130 is approved, your spouse would have an interview at the US Consulate in Tokyo for a CR-1 visa. A much better visa as it result in Permanent Resident Status on entry. SHould take about 3 months from start to finish. Go to the DCF forum to find out more... but this is the quickest and best route for you IMHO... Edited by zyggy, 07 July 2006 - 08:19 AM.	zyggy	Not Telling	Canada	2006-07-07 08:18:00
K-1 Fiance(e) Visa Process & Procedures	Attempted to make copies of I-797 and I-797c	I was informed by a very well established copying firm that by reproducing the I-797 and the I-797c that was issued to me and my fiancee by the USCIS that this would constitute copyright infringments. They stated that they could make "black and white" copies but not "color" copies. Anyone else ever hear of this? Will my fiancee need these copies for packet #3 or for the interview? If so can they be in black and white or should they be in color? Thanks They are correct.. it's like copying money... it can only be done in black and white as well..	zyggy	Not Telling	Canada	2006-06-29 15:39:00
K-1 Fiance(e) Visa Process & Procedures	Employment on entering the US	Dear All, Thankyou very much for your help so far everything has gone well my fiance has his visa and will be arriving in a few months. We are now just wondering whether it is worth him coming into JFK to obtain a temporary work visa. As far as we can work out this is the only worthwile way to start working before obtaining adjustment of status. This work authorization will run out when his I94 runs out. There will be a period of time when he cannot work because he is waiting for AOS. Has anyone ever been denied work authorization at JFK and is there anyway to continuously work if you are waiting for AOS to clear. Thanks very much for your time. It is my opinion that the temporary EAD that is given at JFK is worthless as the employment authorization associated with the K-1 status is only in effect for the duration of that status, or 90 days from entry. One is not employment authorized between that time and the date that the EAD is issued. Therefore, there will always be a gap where one is not employment authorized. No employer, other than extremely temporary employment is going to hire anyone with only 90 days of employment authorization. If you are going to search for a job during that period, you should be extremely up front about how much time that you are authorized to be employed. You would be better served to save and prepare yourselves for as much as 4 to 6 months without employment depending on when you file the I-485 and I-765 and how long it will take the NBC to issue your EAD.	zyggy	Not Telling	Canada	2006-07-11 07:31:00
K-1 Fiance(e) Visa Process & Procedures	US Military filing for Fiancee visa	If you know that you're going to be deployed to Iraq, you can get your commander to write a letter to that effect and include that in your I-129F packet. Be sure in your cover letter to explain the situation and to request that the petition be expedited. Also write "Expedited Petition Request - To be deployed military" on the outside of your envelope. Also agree with others, your permanent address should be your mother's. Get all your correspondence sent there.. Or there is an even better idea... Can you marry your fiancee now. If so, you can file an I-130 at the USCIS office in Seoul. Once approved, your wife will have her interview at the US Consulate in Seoul for a CR-1 Immigrant visa. A much better option IMHO... Go to the DCF fourm for more information. There have been a lot of service members who have done this very option... Edited by zyggy, 07 July 2006 - 07:50 AM.	zyggy	Not Telling	Canada	2006-07-07 07:49:00
K-1 Fiance(e) Visa Process & Procedures	visit and k1?	Assuming for the moment that a person could qualify for a visitor's visa, does the start of the K-1 process disqualify them from getting a visitor's visa? They will not issue a visitors visa to someone with a K-1 in process. Never say never.. but it would be extremely difficult... It's ectremely difficult as it is as your fiancee must divulge your fiancee relationship on their DS-156 when applying for a B visa. Edited by zyggy, 11 July 2006 - 11:44 AM.	zyggy	Not Telling	Canada	2006-07-11 11:43:00
K-1 Fiance(e) Visa Process & Procedures	Can I throw away my application copies now?	Absolutely not... in fact, you should keep a copy of everything that you send to the USCIS until you naturalize...	zyggy	Not Telling	Canada	2006-07-17 07:50:00
K-1 Fiance(e) Visa Process & Procedures	Help, Birth Certificate	Hi everyone! Here is my situation. My fiancee had her interview on July 12, 2006. The interview went very well. But consular requested original or certifified copy of her daughter birth certificate. The problem is that my fiancee can not get the original because her ex-husband won't let her have it. In order to have a certified copy, my fiancee need the original to show to get the copy stamp. Is there anyone who have thai fiancee ever had this kind of problem? This is the only problem that holding up our visa. My fiancee told me that the lady at window 5 was very nasty and rude to her. Please, help..... Billy Not sure about anywhere else...but here in the US all you have to do is go to the county building of where she was born (with identification) and ask for a new one... it costs me $10 as I had lost my original good luck If she is the parent.. she has the right to get a BC for her child... A bigger question is if he is witholding the child's BC.. how did she get permission from him to take the child to the US... Edited by zyggy, 17 July 2006 - 09:27 AM.	zyggy	Not Telling	Canada	2006-07-17 09:26:00
K-1 Fiance(e) Visa Process & Procedures	Passport/Immigration Photos	I guess the photos are for the I-129F, right? I don't remember what we did but we sent in fairly recent photos, and the place that took our pictures may or may not have stamped the back with a date. I really don't remember. But I think it's okay to send it in without a date unless they ask that in their instructions. Good luck! There isn't.. they just want it to look like you are now...	zyggy	Not Telling	Canada	2006-07-17 09:28:00
K-1 Fiance(e) Visa Process & Procedures	End K1 for H1B	Hi all, I'm new here and this forum has been incredibly helpful so far. My fiancee and I are about to start the K1 process and from what I read here, two things (besides others) are a major pain for planning and timing... The waiting times at CSC and that you have to wait so long to get a work permission once you are married and maybe not even getting the temporary EAD in the first place. I had two job offers for the end of the year (H1B cap is reached...), but I had to realize our K1 process is not gonna be this fast. But, I might have another job opportunity at a university, meaning I could apply for a cap excempt H1B. As this still needs a lot of negotiation, I am wondering if we could start the K1 process now and once we figure out that I actually get a work visa, cancel the K1 process? I just want to be on a safe side, knowing if this job isn't happening either, that we haven't wasted a lot of time. And on the other side, am I risking my H1B, which is I think a non-immigration visa, if they know that I'm up for marrying in the US? Any thoughts on how to best tackle this would be very much appreciated. The H1B is a dual intent visa... meaning that the US Government realizes that it is your intention to apply for permanent residency based on work at some point in the future. Seeing that it's the only other non-immigrant visa that would not be pretty much DOA at the consulate due to your fiancee relationship. In this case, it would be okay for you to have both irons in the fire and choose the iron that gets hottest the fastest. You can always withdraw the other petition... However, beware that you may piss off your prospective employer if you don't go through with the H1B. They go through some considerable expense to be able to apply for that visa for you... Edited by zyggy, 17 July 2006 - 08:10 AM.	zyggy	Not Telling	Canada	2006-07-17 08:09:00
K-1 Fiance(e) Visa Process & Procedures	Can my fiance get a work authorisation permit at the POE?	In my opinion that 90 days stamp is worthless in regards to gaining meaningful employment. Your time would be better served by getting married as soon as possible, getting all of your paperwork in, and then sitting back and getting acclimated to the US, looking at positions, getting a feel for the job market, etc.... All that stuff takes time... a perfect use of 90 days or so... No employer other that extremely temporary assignments is going to hire anyone that only has 90 days of employment authorization... All couples should budget for at least 4 to 6 months of not having employment.	zyggy	Not Telling	Canada	2006-07-17 08:05:00
K-1 Fiance(e) Visa Process & Procedures	visitor visa while K1 process?	Can I visit my fiancee in states while K1 is processing? In theory, yes. In practice, getting a tourist visa will be more difficult than it normally is. You can't really hide the fact that your fiance lives in the US (well, you can, but it would be REALLY risky). Otherwise,we wont see each other for almost a year...it doesn't make sense... Been there, done that... Bartek It wouldn't be really risky.. it would be a lie... and being caught in a lie to US Government officials in acquiring a visa results in a permanent ban on entering the US... A lie is the worst immigration sin that you can commit... As others have said in the past (and something that you could have found easily if you have used the search function at the top of the page), it is very difficult for a individual that has a fiancee in the US to be able to get a visitor visa. But you can't win if you don't play...	zyggy	Not Telling	Canada	2006-07-17 07:55:00
K-1 Fiance(e) Visa Process & Procedures	US Citizen born out of country - Parents citizens	Do you have a Consular Report of Birth Abroad that was issued to you after you were born. Your parents would have had to apply for it... If not, you'll have to apply for a Certificate of Citizenship by filling out a N-600 form from the USCIS or apply for a passport. You should probably get both. Edited by zyggy, 20 July 2006 - 10:33 AM.	zyggy	Not Telling	Canada	2006-07-20 10:32:00
K-1 Fiance(e) Visa Process & Procedures	Overstay on visa waiver	U can do it, the only thing is they gonna bother u a little bit more than usual. Your status as u said is OVERSTAY,u should submit these forms: 1.- i-130 Relative. 2.- i-i485 Adjust of Status. 3.- i-765 Work Permit. 4.- i-695 Medical. 5.- i-864 Affidavit. 6.- g325 one for u and one for her. c u later. There is only one suggestion that should be made... Talk to a AILA attorney. You don't need to hevae them do the paperwork, but the initial consultation is well worth the few hundred dollars that it will cost.	zyggy	Not Telling	Canada	2006-05-08 10:34:00
K-1 Fiance(e) Visa Process & Procedures	Do I need to live in the U.S. to have K-1 approved?	[quote name='Baruti & Monica' date='Jul 26 2006, 10:07 AM' post='332462'] [/quote] Sure.. if you got the visa today, it would expire 6 months later or in February 2007. However, you could not travel to the US until you were ready to use the visa. But a better option may be for you to get married and then use DCF in Jo'burg. It would result in a Permanent Resident Visa which is much better in your case and would allow your spouse to go back and forth to the US. You could apply for it in person at the Consulate and it would take about 3 or 4 months until your fianceer would get the visa. Since you would be a resident of S. Africa, you would be eligible for this process. Just be sure that you keep your ties to the US... Go to the DCF forum to get more information. There have been a few individuals who have done DCF through Johannesburg recently. [/quote] Thank you so much for this info. This really may be the way to go. When you mention ties to the U.S. do you mean stay in touch with my family in the U.S. who I can live with at any time? Thank you! [/quote] The issue is domicile....meaning that your primary residence is still in the US and you are temporarily abroad. Evidence of keeing your domicile in the US is evidence such as valid driver licenses, voter registration, income tax returns, bank statements, investments, etc.	zyggy	Not Telling	Canada	2006-07-26 09:17:00
K-1 Fiance(e) Visa Process & Procedures	Do I need to live in the U.S. to have K-1 approved?	Do I have to live in the U.S. to get approved for the K-1? If we were approved tomorrow, could we use the visa in January '07, and then live in the U.S. permanently? This is why I ask: My life is so lost and crazy right now. I was offered a job at the U.S. State Department in Washington, D.C., and just awaitng a security clearance, but they just told me yesterday since I lived overseas, I probobly won't get the clearance until January 2007. I took a temp job just until I got this one, but it just doesn't make enough money to support my little family, especially if I need to pay for daycare since my fiance hasn't even been approved yet. Through his tears, my finance told me he is done, if we do not hear anything from immigration by Aug. 31st, I have to move to South Africa, as it will be a year next week since we have seen each other and he still has never met his daughter. So I have 5 months to figure out what to do with my life and my daughter. The best option is to finish grad school in South Africa where I can be with my fiance, get my degree, and be ready for the D.C. the timing is perfect as classes end in December. The challenging part, is that classes start next MONDAY!!!! It would take alot of work in the next few days, but it can be done. Sadly, a visit just wouldn't work as $2,000 for a plane ticket, I don't even make that much in month. Baruti is a Congolese refugee residing in Cape Town, South Africa where my university is. What do you think, would this screw up our process? Desparately need to guidence, Monica Sure.. if you got the visa today, it would expire 6 months later or in February 2007. However, you could not travel to the US until you were ready to use the visa. But a better option may be for you to get married and then use DCF in Jo'burg. It would result in a Permanent Resident Visa which is much better in your case and would allow your spouse to go back and forth to the US. You could apply for it in person at the Consulate and it would take about 3 or 4 months until your fianceer would get the visa. Since you would be a resident of S. Africa, you would be eligible for this process. Just be sure that you keep your ties to the US... Go to the DCF forum to get more information. There have been a few individuals who have done DCF through Johannesburg recently. Edited by zyggy, 26 July 2006 - 08:51 AM.	zyggy	Not Telling	Canada	2006-07-26 08:50:00
K-1 Fiance(e) Visa Process & Procedures	Fiancee's mother had her visitor visa revoked at LAX	There is a saying in US law.. the sins of the father do not reflect on the son... meaning that children will not be held responsible for the actions of their parents...	zyggy	Not Telling	Canada	2006-07-26 09:19:00
K-1 Fiance(e) Visa Process & Procedures	Change of countries??	If you both live in China.. you may want to consider getting married and then applying for an Immigrant Visa by DCF... Go to a specific US-China Immigration site called Candle for Love to get more information on this process.	zyggy	Not Telling	Canada	2006-07-31 09:41:00
K-1 Fiance(e) Visa Process & Procedures	I want to start K-visa process, but dont want to marry in USA	But uinfortunately that means the interview would be in Lagos... a very time consuming process that could jeopardize your chances of success of getting a visa in a reasonable time frame due to the high fraud aspects of dealing with this consulate. Dealing with Lagos should be avoided at all costs...	zyggy	Not Telling	Canada	2006-07-31 11:00:00
K-1 Fiance(e) Visa Process & Procedures	birth certifiacte matters?	If a birth certificate is available in your country, the consulate will require it. You must get a copy of your BC...	zyggy	Not Telling	Canada	2006-07-26 08:52:00
K-1 Fiance(e) Visa Process & Procedures	I'm in UK, pregnant but fiance is a permanent resident. I want to have my child in USA. What are my options.	Thanks for taking the time to respond, Ziggy. I've got some understanding on the AOS process in that situation now. My pleasure... As Sir Francis Bacon stated best: Nam et ipsa scientia potestas est : Knowledge itself is power... Thank you for trying to get the knowledge..	zyggy	Not Telling	Canada	2006-07-28 12:40:00
K-1 Fiance(e) Visa Process & Procedures	passport question	My fiance has never left Korea and does not yet have a passport. The consulate will soon receive the application (just left NVC). Will he need the passport before proceeding with any of the application procedures for the visa? Does anyone know about K-2 procedures (do the children need passports right away even if they are following my fiance later, do they need to accompany him to the interview?) I could not find much information on the American embassy website. The children do not need to accompany your fiancee to the interview if they are not coming with him. They have up to a year after the K1 is issued to have their own K-2 visas issued. They will need to follow the same general process as your fiancee in order to get an interview and will need the same things (medical, perhaps police certificate, passport, I-134, etc.) They require their own DS-156 forms to be filed for them at the time of the interview. They will be able to give him more information at the consulate at the time of his interview.	zyggy	Not Telling	Canada	2006-03-15 15:42:00
K-1 Fiance(e) Visa Process & Procedures	Evidences for K-1	No it may not prevent them from sending it back... However, it does give you significant ammunition to fight the visa denial back at the Service Center to get them to send it back to the consulate.... And that in itself could be worth its weight in gold... From the attorneys that used to post here in the past, it is usually the case if the USCIS sends the petition back, the Consulate usually approves the visa. In addition, the COnsular Officer has to state why they believe that the petition was approved in error and why they believe that there was fraud. If there is evidence backing up the relationship in the petition, it makes it harder for the Consular Officer to come up with concrete reasons that could withstand a USCIS review to send it back. I am quoting this one, but in reference to your previous posts containing past posts, not one of those is saying sending in a truck load of proof of the relationship when submitting the petition is beneficial. Look at the amount of RFE's that VJ members have been getting over the past many months even when supposedly submitting x amount....look at the amount that are under reviews at SC level and they aren't just ones from high fraud countries. Submitting evidence of the relationship could create a whole different picture in the adjudicators mind and I believe it is just as irrisponsible to have such information in the Guides that is contrary to what is in the instructions for the forms when even just one member is affected by it. IF there are embassy's where it would be of benefit then I believe that information can then be given them seperate to the Guides. It seems at times that a petitioner is putting more focus on submitting proving the relationship as opposed to ensuring that they have strong complete evidence of the 2 year requirement of having met and evidence to show they intend to marry which is required with the I-129F. I do not dispute what you are saying. It is a valid opinion. My only issue is that perhaps we should do a better job of discussing the pros and cons of including it and not including it, where it may be helpful and not helpful, and where it could be beneficial and for what reasons than just to wash our hands of it and wipe it off that map.	zyggy	Not Telling	Canada	2006-02-08 11:46:00
K-1 Fiance(e) Visa Process & Procedures	Evidences for K-1	It all stems down to the individual nature of each case... Would I include evidence of the relationship if I were submitting to Canada. Probably not unless there were an issue that I might believe it would be called into question. Would I submit it if I were applying through Manila, HCMC, Lagos or another high fraud consulate, yes I would. But I'm not submitting the petition and am not going to feel the ramifications of it, someone else is. We need to do a better job of guiding people on this site. Too many people are flippant and giving rote answers and not looking at many of the side issues that could be important or asking the right questions.	zyggy	Not Telling	Canada	2006-02-08 10:45:00
K-1 Fiance(e) Visa Process & Procedures	Evidences for K-1	With that train of thought how is it then that a petitioner who has submitted an abundance of evidence of proof of the relationship, the beneficiary has still had their visa denied. Con officers can only deny and return a petition when it is found that the beneficiary may not be entitled to status due to fraud (evidence not available at time of approval), changes in circumstances, or clear error in the approval of the petition. Even IF evidence of the relationship is submitted and the petition is subsequently approved, there is nothing stopping a Conof from citing the latter (clear error) as reason for denial as it is the Conofs position to look at all the evidence provided for proof of the relationship, even whats already been submitted to USCIS. It is USCIS postition, that a petition is approved if all the 'requirements' of said petition have been met. No it may not prevent them from sending it back... However, it does give you significant ammunition to fight the visa denial back at the Service Center to get them to send it back to the consulate.... And that in itself could be worth its weight in gold... From the attorneys that used to post here in the past, it is usually the case if the USCIS sends the petition back, the Consulate usually approves the visa. In addition, the COnsular Officer has to state why they believe that the petition was approved in error and why they believe that there was fraud. If there is evidence backing up the relationship in the petition, it makes it harder for the Consular Officer to come up with concrete reasons that could withstand a USCIS review to send it back. Edited by zyggy, 08 February 2006 - 10:32 AM.	zyggy	Not Telling	Canada	2006-02-08 10:27:00
K-1 Fiance(e) Visa Process & Procedures	Evidences for K-1	I just mentioned this is another post-if relationship evidence is NOT required at the initial stage then it should be removed from the VJ guides. It is causing a lot of unnecessary confusion. People are trying to make what is not a cut and dry issue into something cut and dry... I took thhis quote from a Consular Officer that used to post on here... 1. I am with the Department of State. DHS/USCIS is a different agency. They initially approve the petition, but have no authority to grant a visa. I cannot revoke the petition, but I cannot be compelled to issue the visa. I know that this seems odd, but it's all part of the 'separation of powers' doctrine on which our entire political system is based. In general, on reflection, I think it is logical, and helps prevent abuse in the long run. 2. "Different rules for different Consulates/Embassies." While I really like Visa Journey overall, the trouble here is that there tends to be generalizations that will not work in other cultures. Theoretically, one of the many reasons that they send me out here to live, train me in the language and culture, etc, is so that I can make sound decisions based on ALL the factors. Let's take a totally fictitious example as illustrative of what I mean. In the country Visalia, first cousin marriages are illegal by statute, and are completely culturally taboo. It is simply not done. I, as a consular officer living there, know this. The DHS officer looking at a paper petition has no idea. S/He has no reason to deny the petition, and so approves it. But I know that there is a high likelihood that fraud is involved here. I can only return a petition to DHS/USCIS with a RECOMMENDATION that the petition be revoked. I do this outlining factors THAT WERE NOT APPARENT TO THE DHS OFFICER AT THE TIME OF PETITION APPROVAL. If they agree and revoke, fine. If not, they will reaffirm the case. But this type of cultural difference does not lend itself easily to making generalizations. I also took this From Mr. Ellis, an attorney that used to post on this site as "ellis-island" What everyone should do - is to inform CIS in advance - at the time of filing the I-129F of any little factor a conoff may view with suspicion, no dam hoi, a hastily arranged dam hoi, whatever. If there is a weakness in your case. Explain it to CIS in a leter with your petition. If CIS considers that factor and approves anyway, the consulate is required to to come up with a new information not available to CIS at the time of approval to deny the visa application. and Why explain it to CIS? Because according to the February cable I've posted here many places, a conoff needs evidence that was not available to CIS at the time of petition approval before he or she can justify denying an application. If CIS has considered the evidence and approved anyway, a conoff needs to find a different reason to deny the visa application. After CIS approval, a US Citizen petitioner could then write the consulate a letter, once he or she has the case number for the beneficiary's case. He or she should then point out all the factors that CIS considered in approving the petition. So any weakness in your case - tell CIS in advance. If consulates obey the law - they'll need new evidence not available to CIS at the time of approval, to justify denying the visa application. Not many petitioners or even lawyers are doing this - but they should be doing it. This is what was wriotten by two individuals who are experts in this area... Trying to make a process that is not cut and dry into something totally cut and dry is irresponsible. Instructing people to just submit the minimum could result in unnecessary complications. Each person's experience is unique and needs to be treated as unique...	zyggy	Not Telling	Canada	2006-02-08 10:24:00
K-1 Fiance(e) Visa Process & Procedures	Evidences for K-1	Pete ands ziggy. I suggest you two read the I-129F instructions and then visit the USCIS website and review the Field Manual for adjudicators concerning the evaluation of evidence. The I-129F petition is evaluated for, and is adjudicated based on evidence that will prove, or disprove that: you are eligible to marry, you have met within the past two years (a statutory requirement), and that you are a U.S. Citizen. Evidence that you're in a relationship is irrelevant, and adds nothing of value. If it did, they would ask for it (as the consulates do). There's nothing wrong with simply following the instructions and supplying what was asked for; no more, no less. Why make this process harder than it is by "inventing" and imposing psuedo requirements on youself? I have "invented" nothing and take offense at you insinuating that I have "invented" anything I'm afraid that you won't read this anywhere, but through practice and how the system works, what I wrote above is how many attorneys do things. This is one of those issues that you pick up with experience and a thorough knowledge of the process and the internal workings of the system. If you check other boards where experienced attorneys post on a regular basis, most of them will state that they include evidence of the relationship when submitting their I-129F submissions for the reason that I have stated above. If you want further information regarding my position, I suggest that you look up posts from Andy, MDUdall or Ellis Island on this subject. Edited by zyggy, 07 February 2006 - 04:50 PM.	zyggy	Not Telling	Canada	2006-02-07 16:46:00
K-1 Fiance(e) Visa Process & Procedures	Evidences for K-1	Actually they do.. they are required to review everything that was submitted with the petition. The reason that providing additional evidence of the validity of the relationship is due to the reasons that I have stated above. Whether or not one wishes to provide this additional evidence and just submit a bare bone petition is up to the petitioner. However, Iif I knew I was going thrugh a high fraud consulate, I would take steps to do anything that could prevent a consular officer from sending a petition back to the USCIS. Perhaps I'm not understanding you, zyggy. The petition goes to the USCIS first, and upon approval by a USCIS adjudicator is forwarded to the Consulate via the DOS. How would submitting a lot of stuff that wasn't asked for to begin with prevent a Consulate from sending a case back to the USCIS when the topic of discussion here is the USCIS adjudication process and what's required for its approval of the I-129F petition and not what's necessary for the C.O. at a particular consulate? Your rationale makes no sense to me.... It all stems from who is really in charge of immigration. It's the USCIS. A Consular Officer can only send a petition back if and only if he or she believes that there was evidence or lack of evidence presented at the interview that in the Consular Officer's belief would have changed the outcome of the approval of the petition had it been known to the USCIS at the time the petition was originally reviewed. If evidence of the nature of the relationship was submitted with the petition and was subsequently reviewed by the USCIS, then the COnsular Officer cannot use lack of evidence of a genuine relationship as a reason to send back a petition as the USCIS has already reviewed evidence regarding the nature of the relationship and found it to be sufficient. If a consular officer wanted to send the petition back to USCIS if they doubted the nature of the relationship, they would have to find another reason to send the petition back. Edited by zyggy, 07 February 2006 - 03:27 PM.	zyggy	Not Telling	Canada	2006-02-07 15:26:00
K-1 Fiance(e) Visa Process & Procedures	Evidences for K-1	I was under the impression that when you submit an I-129F, all you need is to prove you have met in person within the past 2 years. Evidence of an ongoing relationship must be provided (if asked for) at a later point. Am I right? You are correct in theory... however not quite so correct in practice. While only submitting evidence that one has physically met in the past 2 years is the minimum standard, providing additional evidence on the genuine nature of the relationship can help one in the consulate phase of the process. A Consular Officer can only return a petition if they believe that there is additional evidence that would cause the USCIS to deny the petition. If one provides adequate evidence of a valid relationship, it makes it more difficult for the Consular Officer to send back a case to the USCIS on these grounds. If someone is going through a high fraud consulate, it may be prudent to submit additional evidence on the validity of the relationship. However, as Yodrak had mentioned, it is important to thoroughly review the evidence to make sure that what you may believe demonstrates the validity of a relationship may be viewed by a USCIS adjudicator as something entirely different. ziggy- At the submittal stage the USCIS does not evaluate relationship evidence. The instructions accompanying the I-129F are clear enough and without ambiguity describing what's necessary on your part to meet the burden of proof and subsequently gain approval. There's no reason to believe that submitting superfluous information at this point will help or hinder you at the Consulate interview. However, there have been instances whereby unsolicited information that was submitted by an applicant has resulted in the unwanted effect of generating questions and casting suspicions. I know of two such instances reported in these forums. There's nothing wrong with simply following the instructions and submitting what's asked for; no more, no less. If relationship evidence was necessary, or evaluated at this stage then the instructions would ask for it. The USCIS does evaluate relationship evidence at the AOS stage but this doesn't relate to the topic at hand. Actually they do.. they are required to review everything that was submitted with the petition. The reason that providing additional evidence of the validity of the relationship is due to the reasons that I have stated above. Whether or not one wishes to provide this additional evidence and just submit a bare bone petition is up to the petitioner. However, Iif I knew I was going thrugh a high fraud consulate, I would take steps to do anything that could prevent a consular officer from sending a petition back to the USCIS.	zyggy	Not Telling	Canada	2006-02-07 15:01:00
K-1 Fiance(e) Visa Process & Procedures	Evidences for K-1	I was under the impression that when you submit an I-129F, all you need is to prove you have met in person within the past 2 years. Evidence of an ongoing relationship must be provided (if asked for) at a later point. Am I right? You are correct in theory... however not quite so correct in practice. While only submitting evidence that one has physically met in the past 2 years is the minimum standard, providing additional evidence on the genuine nature of the relationship can help one in the consulate phase of the process. A Consular Officer can only return a petition if they believe that there is additional evidence that would cause the USCIS to deny the petition. If one provides adequate evidence of a valid relationship, it makes it more difficult for the Consular Officer to send back a case to the USCIS on these grounds. If someone is going through a high fraud consulate, it may be prudent to submit additional evidence on the validity of the relationship. However, as Yodrak had mentioned, it is important to thoroughly review the evidence to make sure that what you may believe demonstrates the validity of a relationship may be viewed by a USCIS adjudicator as something entirely different. Edited by zyggy, 06 February 2006 - 02:29 PM.	zyggy	Not Telling	Canada	2006-02-06 14:28:00
K-1 Fiance(e) Visa Process & Procedures	passport photo	5.08 x 5.08 cm 50mm by 50mm is the acceptable substitute. Not here it aint can use either and most I know use a mix of both as in 5.08....its says the same 0.8 mm is less than 1/32 of a inch. If they want to get the micrometers out they can go ahead. But they're not going to reject a photograph for a dimension that is less than 1/32 of an inch. Edited by zyggy, 20 March 2006 - 12:12 PM.	zyggy	Not Telling	Canada	2006-03-20 12:11:00
K-1 Fiance(e) Visa Process & Procedures	passport photo	5.08 x 5.08 cm 50mm by 50mm is the acceptable substitute.	zyggy	Not Telling	Canada	2006-03-20 11:54:00
K-1 Fiance(e) Visa Process & Procedures	K-1 Visa after being Deported is it Possible	You will have some sort of ban to deal with. I suggest you seek legal advice. Good luck Yes, you can get a K1 visa if you have been deported.. However, you will need to obtain two waivers in order to get it. The first is the I-601 waiver to overcome your inadmissibility due to your ban. The second is the I-212 waiver to overcome your removal. They are filed at the consulate after you have been denied your visa due to your deportation. These two waivers require specific legal advice. We have a forum here for these types of waivers. But these waivers need specialized legal advice as they must be worded in a proper way to be successful and how they are worded is specific to your own situation and the circumstances behind your removal. You can ask at our forum to get the names of some attorneys that specialize in waivers. In addition, there is a relatively mature I-601/I-212 forum at www.immigrate2us.com. Edited by zyggy, 22 March 2006 - 08:39 AM.	zyggy	Not Telling	Canada	2006-03-22 08:38:00
K-1 Fiance(e) Visa Process & Procedures	DS156 from state gov website = DS156 with packet 3?	I used one from online. The photocopy of the forms London sent out were very poor quality! But sometimes it isn't .. Montreal's is the DS-156 with some slight modifications. They go into a fit if you don't use theirs.	zyggy	Not Telling	Canada	2006-03-23 08:42:00
K-1 Fiance(e) Visa Process & Procedures	Inertviews from Montreal	Ok I'm about ready to break here. I know I'm probably being impatient, but has anyone with a recent packet 3 from Montreal gotten an interview date. We got our packet 3 in Feb. and they received the checklist and DS230 on March 2nd. Is it too soon to be looking for packet 4?? 21 days!!! Are they torturing us or what? Ok all better just needed to vent and see if anyone else has gotten anything from Montreal lately. Just need a little hope that everyone there hasn't gone on strike or quit or died and no one told all us poor saps waiting from them. It will be at least a month if not longer...	zyggy	Not Telling	Canada	2006-03-23 14:20:00
K-1 Fiance(e) Visa Process & Procedures	Hold the press	If she's in Germany and no longer in F-1 status, it's simply a fresh K-1 case--no connection whatsoever with former F-1 status. Yep.. it's a fresh K-1 case... it's too late for you to file an I-485 based on the F-1 status.	zyggy	Not Telling	Canada	2006-03-27 11:22:00
K-1 Fiance(e) Visa Process & Procedures	Hold the press	hey there!! even if F1 visa did have a 2 year rule my fiance is from germany as well and he was here on a J1 and was NOT restricted to two year rule!! good luck!! Diana and Enrico F1 is a student visa and does not require a 2-year home residency in order to apoply for another type of visa.. However, in most cases, an F1 does not need to get a K1... they can get married in the US and file for adjustment of status based on their F-1 status. wado.. are you still in the US.... and do you mind getting married in the US... if so, I suggest that you have a consultation with an immigration attorney to determine if there are no unanticipated pitfalls for your own unique situation, but you are most likely to be able to adjust your status in the US without the need for a K-1 visa. Edited by zyggy, 27 March 2006 - 08:14 AM.	zyggy	Not Telling	Canada	2006-03-27 08:14:00
K-1 Fiance(e) Visa Process & Procedures	Montreal INTERVIEW questions	hey all My case was sent to the Montreal consulate on March 15, 2006... How long would it roughly be before I get anything in the mail from them? (packet 3). Also on one of the forms that I have to send out there's space to put all employers for the past ten years, places I lived in since I was 16 years old, and how many times I entered the US. the question is does it have to be EXACT or to the best of my knowledge? some of the things I don't remember anymore with details..... I'm getting old or something.... Also how much do I have to pay at the consulate in montreal and are they gonna issue the visa the same day or do I have to stay there and it's gonna be the next day? And how soon is the medical gonna be? is there line ups for the medical? Do I have to make an appointment myself or is it gonna be sent by the consulate? thx peace Elunia28 Expect something in the mail in about 4 to 6 weeks... You need to provide them with what they ask... For a K visa, the fee is $100 US Cash. Visas are issued the following business day. You can either stay until the following day, or you can give them a prepaid Expresspost envelope. You must make the appointment for the medical. A listing of approved physicians will be provided with the checklist. You can get the medical within a week of calling... There isn't a big backlog on the medical.	zyggy	Not Telling	Canada	2006-03-27 12:15:00